Sept 2016 Public Session

WSBA
WASHINGTON STATE BAR ASSOCIATION
Board of Governors
Meeting
Public Session Materials
September 29-30, 2016

WSBA Conference Center
Seattle, Washington
.t, .'"~~~'),.; -., . w:~ SBA
~ ' .. .:;
~
The WSBA will operate a well-managed association that supports its members and advances and promotes:
Access to the justice system.
Focus: Provide training and leverage community partnerships in order to enhance a culture of service for lawyers to give back to their communities, with a
particular focus on services to underserved low and moderate income people.
Diversity, equality, and cultural understanding throughout the legal community.
Focus: Work to understand the lay of the land of our legal community and provide tools to members and employers in order to enhance the retention of
minority lawyers in our community.
The public' s understanding of the rule of law and its confidence in the legal system.
Focus: Educate youth and adult audiences about the importance of the three branches of government and how they work together.
A fair and impartial judiciary.
The ethics, civility, professionalism, and competence of the Bar.
Ensuring Competent and Qualified Legal Professionals Does the Program further either or both of WSBA's mission-focus areas?
Cradle to Grave Does WSBA have the competency to operate the Program?
Regulation and Assistance As the mandat ory bar, how is WSBA uniquely positioned to successfully operate
the Program?
Promoting the Role of Lawyers in Society Is statewide leadership required in order to achieve the mission of the Program?
Service Does the Program's design optimize the expenditure of WSBA resources
Professionalism devoted to t he Program, including the balance between volunteer and staff
involvement, the number of people served, the cost per person, etc?
Equip members with skills for the changing profession

Promote equitable conditions for members from historically marginalized or underrepresented backgrounds to enter, stay and thrive in the profession
Explore and pursue regulatory innovation and advocate to enhance the public's access to legal services
2
GR12
Washington State Bar Association: Purposes
A. PURPOSES: IN GENERAL.
In general, the Washington State Bar Association strives to:
1. Promote independence of the judiciary and the bar;
2. Promote an effective legal system, accessible to all;
3. Provide services to its members;
4. Foster and maintain high standards of competence,
professionalism, and ethics among its members;
5. Foster collegiality among its members and goodwill between the
bar and the public;
6. Promote diversity and equality in the com1s, the legal profession,
and the bar;
7. Administer admissions to the bar and discipline of its members in a
manner that protects the public and respects the rights of the
applicant or member;
8. Administer programs of legal education;
9. Promote understanding of and respect for our legal system and the
law;
10. Operate a well-managed and financially sound association, with a
positive work environment for its employees;
11 . Serve as a statewide voice to the public and the branches of
government on matters relating to these purposes and the activities
of the association.
B. SPECIFIC ACTIVITIES AUTHORIZED.

In pursuit of these purposes, the Washington State Bar Association may:
1. Sponsor and maintain committees, sections, and divisions whose
activities fu11her these purposes;
2. Suppo11 the judiciary in maintaining the integrity and fiscal
stability of an independent and effective judicial system;
3. Provide periodic reviews and recommendations concerning court
mles and procedures;
4. Administer examinations and review applicants' character and
fitness to practice law;
5. Inform and advise lawyers regarding their ethical obligations;
6. Administer an effective system of discipline of its members,
including receiving and investigating complaints of lawyer
misconduct, taking and recommending appropriate punitive and
remedial measures, and dive11ing less serious misconduct to
alternatives outside the formal discipline system;
3
7. Maintain a program, pursuant to comi mle, requuing members to
submit fee disputes to arbitration;
8. Maintain a program for mediation of disputes between members
and their clients and others;
9. Maintain a program for lawyer practice assistance;
10. Sponsor, conduct, and assist in produc ing programs and products
of continuing legal education;
11. Maintain a system for accrediting programs of continuing legal
education;
12. Conduct audits of lawyers' trnst accounts;
13. Maintain a lawyers' fund for client protection in accordance with
the Admission to Practice Rules;
14. Maintain a program of the aid and rehab ilitation of impaired
members;
15. Disseminate information about bar activities, interests, and
p ositions;
16. Monitor, report on, and advise public officials about matters of
interest to the Bar;
17. Maintain a legislative presence to info1m members of new and
proposed laws and to inform public officials about bar positions
and concerns;
18. Encourage public service by members and suppo11 programs
p roviding legal services to those in need;
19. Maintain and foster programs of public info1mation and education
about the law and the legal system;
20. Provide, sponsor, and participate in services to its members;
2 1. Hire and retain employees to facilitate and support its mission,
purposes, and activities, including in the bar's discretion,
authorizing collective bargaining;
22. Collect, allocate, invest, and disburse funds so that its mission,
purposes, and activities may be effectively and efficiently
discharged.
C. ACTIVITIES NOT AUTHORIZED.

The Washington State Bar Association will not:
1. Take positions on issues concerning the politics or social positions
of foreign nations;
2. Take positions on political or social issues which do not relate to or
affect the practice of law or the administration of justice; or
3. Suppo11 or oppose, in an e lection, candid ates for public office.
4
2015-2016
WSBA BOARD OF GOVERNORS MEETING SCHEDULE
MEETING DATE LOCATION POTENTIAL ISSUES I AGENDA DUE BOARD BOOK EXECUTIVE
SOCIAL FUNCTION MATERIAL COMMITTEE
DEADLINE* 2:00 pm - .i:OO JJm*
November 13, 20 15 WSBA Conference Center BOG Meeting October 23, 2015 October 28, 2015 October 19, 2015
Seattle, WA 2:30 pm - 5:00 pm
January 28-29, 20 16 WSBA Conference Center BOG Meeting January 7, 2016 January 13, 2016 December 14, 2016
Seattle, WA January 8, 2016
March 10, 20 16 Red Lion BOG Meeting February 19, 2016 February 24, 2016 February 19, 2016
Olympia, WA
March 11 , 2016 Temple of Justice BOG Meeting with Supreme Court
Apri l 15-16, 2016 Kitsap Conference Center BOG Meeting March 25, 2016 March 30, 2016 March 25, 2016
Bremerton
June3,20 16 WSBA Conference Center BOG Meeting May 12, 2016 May 18, 2016 Ma y 16, 2016
Seattle, WA
July 2 1, 20 16 Marcus Whitman BOG Retreat July 1, 2016 July 6, 2016 June 27, 2016
Walla Walla
July 22-23, 20 16 BOG Meeting
September 29-30, 2016 WSBA Conference Center BOG Meeting September 9, 2016 September 14, 2016 September 9, 2016
Seattle, WA
September 29, 2016 Sheraton WSBA Annual Awards Banquet
*The Board Book Material Deadline is the final clue date for submission of materials for the respective Board meeting. However, yo u shou ld notify the
Executi ve Director's office in advance of possible meeting agenda item( s).
This infor mation can be found o n line at: www.wsba.org/ About-WSBA/Governance/Board-Meeting-Sc hed ule-Materials
*Un less otherwise noted.
5
2016-2017
WSBA BOARD OF GOVERNORS MEETING SCHEDULE
M EETING DATE LOCATION POTENTIAL ISSUES I AGENDA DUE BOARD BOOK EXECUTIVE
SOCIAL FUNCTION MATERIAL COMMITTEE
DEA DLINE* 10:00 am-12:00 pm*
November 18, 20 I 6 WSBA Conference Center BOG Meeting October 13, 2016 November 2, 2016 October 13, 2016
Seattle, WA
January 26-27, 20 17 Gonzaga University BOG Meeting J a nua ry 5, 2017 January 11, 2017 January 5, 2017
Spokane, WA
March 9, 2017 Red Lion BOG Meeting February 16,2017 February 22, 2017 February 16, 2017
Olympia, WA
March 10, 2017 Temple of Justice BOG Meeting with Supreme Court
May 18-19, 201 7 WSBA Conference Center BOG Meeting April 27, 2017 May 3, 2017 April 27, 2017
Seattle, WA
July 27, 2017 Alderbrook BOG Retreat June 29, 2017 July 12, 2017 June 29, 2017
Union, WA
July 28-29, 20 17 BOG Meeting
September 28-29, 20 17 WSBA Conference Center BOG Meeting September 7, 201 7 September 13, 2017 September 7, 2017
Seattle, WA
September 28, 2017 TBD WSBA APEX Awards Banquet
*The Board Book Material Deadl ine is the final due date for submi ssion of materials fo r the respecti ve Board meeti ng. However, you should noti fy the
Executive Director's office in advance of possible meeting agenda item(s).
T his information can be fo und online at: www.wsba.org/Abo ut-WSBA/Governance/Board-Meeting-Schedule-Materia ls
*Unless otherwise noted.
6
Congr
essi
onalDi
str
ictMap
Paul
aLit
tl
ewood,Secret
ary
Execut
iveDi
rect
or
7
Congr
essi
onalDi
str
ictMap 2016-
2017
Br
adf
ordE.Fur
long Paul
aLit
tl
ewood,Secret
ary
Execut
iveDi
rect
or
Raj
eevD.Maj
umdar
DanBr
idges
Chr
ist
inaMeser
ve
Ji
llA.Kar
my,Tr
easur
er
At
hanasi
osP.Papail
iou
GovernorAt
-Large Gover
norAt
-Lar
ge Gover
norAt
-Lar
ge
8
BASIC CHARACTERISTICS OF MOTIONS
From: The Complete Idiot's Guide to Robert's Rules
The Guerilla Guide to Robert's Rules
MOTION PURPOSE INTERRUPT SECOND DEBATABLE? AMENDABLE? VOTE NEEDED

SPEAKER? NEEDED?
1. Fix the time to which to adjourn Sets the time for a continued meeting No Yes No' Yes Majority
2. Adjourn Closes the meeting No Yes No No Majority
3. Recess Establishes a brief break No Yes No2 Yes Majority
4. Raise a Question of Privilege Asks urgent question regarding to rights Yes No No No Rules by Chair
5. Call for orders of the day Requires that the meeting follow the agenda Yes No No No One member
6. Lay on the table Puts t he motion aside for later consideration No Yes No No Majority
7. Previous question Ends debate and moves directly to t he vote No Yes No No Two-thirds
8. Limit or extend limits of debate Changes the debate limits No Yes No Yes Two-thirds
9. Postpone to a certain time Puts off the motion to a specific time No Yes Yes Yes Majority'
10. Commit or refer Refers the motion to a committee No Yes Yes Yes Majority
11. Amend an amendment Proposes a change to an amendments No Yes Yes No Majority

(secondary am endm ent)
12. Amend a motion or resolution Proposes a c hange to a main motion No Yes Yes Yes Majority
(primary amendment)
13. Postpone indefinitely Kills the m otion No Yes Yes No Majority
14. Main m otion Brings business before the assembly No Yes Yes Yes Majority
1 Is debatable wh en another meeting is sch eduled for the same or next day, o r if the motion is made while no question Is pending
2 Unless no question is pending
3 Majority, unless it makes question a special order
4 If the motion it is being applied to is debatable
9
WSBA
WASIDNGTON STATE BAR ASSOCIATION
Discussion Protocols
Board of Governors Meetings
Philosophical Statement:
"We take serious our representational responsibilities and will try to inform ourselves on the
subject matter before us by contact with constituents, stakeholders, WSBA staff and committees
when possible and appropriate. In all deliberations and actions we will be courageous and keep
in mind the need to represent and lead our membership and safeguard the public. In our
actions, we will be mindful of both the call to action and the constraints placed upon the WSBA
by GR 12 and other standards."
Governor's Commitments:
1. Tackle the problems presented; don't make up new ones.
2. Keep perspective on long-term goals.
3. Actively listen to understand the issues and perspective of others before making the final decision or
lobbying for an absolute.
4. Respect the speaker, the input and the Board's decision .
5. Collect your thoughts and speak to the point - sparingly!
6. Foster interpersonal relationships between Board members outside Board events.
7. Listen and be courteous to speakers.
8. Speak only if you can shed light on the subject, don't be repetitive.
9. Consider, respect and trust committee work but exercise the Board's obligation to establish policy and
insure that the committee work is consistent with that policy and the Board's responsibility to the WSBA's
mission .
10. Seek the best decision through quality discussion and ample time (listen, don't make assumptions, avoid
sidebars, speak frankly, allow ti me before and during meetings to discuss important matters).
11. Don't repeat points already made.
12. Everyone should have a chance to weigh in on discussion topics before persons are given a second
opportunity.
13. No governor should commit the board to actions, opinions, or projects without consultation with the
whole Board.
14. Use caution with e-mail: it can be a useful tool for debating, but e-mail is not confidential and does not
easily involve all interests.
15. Maintain the strict confidentiality of executive session discussions and matters.
10
WSBA
BOARD OF GOVERNORS
WSBA VALUES
Through a collaborative process, the WSBA Board of Governors and Staff have
identified these core values that shall be considered by the Board, Staff, and
WSBA volunteers (collectively, the " WSBA Community" } in all that we do.
To serve the public and our members and to promote justice, the WSBA
Community values the following:
Trust and respect between and among Board, Staff, Volunteers, Members,
and the public
Open and effective communication
Individual responsibility, initiative, and creativity
Teamwork and cooperation
Ethical and moral principles
Quality customer-service, with member and public focus
Confidentiality, where required
Diversity and inclusion
Organizational history, knowledge, and context
Open exchanges of information
11
WSBA
BOARD OF GOVERNORS
GUIDING COMMUNICATION PRINCIPLES
In each communication , I will ass ume the good intent of my fellow colleagues; earnestly
and actively listen; encourage the expression of and seek to affirm the value of their
differing perspectives, even where I may disagree; share my ideas and thoughts with
compassion, clarity, and where appropriate confidentiality; and commit myself to the
unwavering recognition, appreciation, and celebration of the humanity, skills, and talents
that each of my fellow colleagues bring in the spirt and effort to work for the mission of the
WSBA. Therefore, I commit myself to operating with the following norms:
+ I will treat each person with courtesy and respect, valuing each individual.
+ I will strive to be nonjudgmental, open-minded, and receptive to the ideas of others.
+ I will assume the good intent of others.

I will speak in ways that encourage others to speak.
I will respect others' time, workload, and priorities.

I will aspire to be honest and open in all communications .
I will aim for clarity; be complete, yet concise.
+ I will practice "active" listening and ask questions if I don't understand.

I will use the appropriate communication method (face-to-face, email, phone,
voicemail) for the message and situation.
When dealing with material of a sensitive or confidential nature, I will seek and confirm
that there is mutual agreement to the ground rules of confidentiality at the outset of
the communication.
+ I will avoid triangulation and go directly to the person with whom I need to
communicate. (If there is a problem, I will go to the source for resolution rather than
discussing it with or complaining to others.)
I will focus on reaching understanding and finding solutions to problems.
+ I will be mindful of information that affects, or might be of interest or value to, others,
and pass it along; err on the side of over-communication .
+ I will maintain a sense of perspective and respectful humor.
12
WSBA
BOARD OF GOVERNORS
Anthony D avid Gipe phone: 206.386.4721

P ccsidcnt e-mail: adgipeWSBA@gmail.com
November 2014
BEST PRACTICES AND EXPECTATIONS
! Attributes of the Board

~ Competence
~ Respect
~ Trust
~ Commitment
~ Humor
! Accountability by Individual Governors

~ Assume Good Intent
~ Participation/Preparation
~ Communication
~ Relevancy and Reporting
! Team of Professionals
~ Foster an atmosphere of teamwork
o Between Board Members
o The Board with the Officers
o The Board and Officers with the Staff
o The Board, Officers, and Staff with the Volunteers
~ We all have common loyalty to the success of WSBA
! Work Hard and Have Fun Doing It
Working Together to Champio n Justice

999 Third Avenue, Suite 3000 I Seattle, \Y/A 98104 I fax: 206.340.8856
13
Board of Governors Meeting
Seattle, WA
September 29-30, 2016
WSBA Mission: Serve the public and the members of the Bar,
ensure the integrity of the legal profession, and to champion justice.
PLEASE NOTE: ALL TIMES ARE APPROXIMATE
THURSDAY, SEPTEMBER 29, 2016
GENERAL INFORMATION ........................................................................................................................ 2
1. AGENDA ........................................................................................................................................ 14
10:15 A.M.
2. EXECUTIVE SESSION
a. Approval of July 22-23, 2016, Executive Session Minutes (action) ....................................... E-2
b. Presidents and Executive Directors Reports
c. Lawyers Fund for Client Protection (LFCP) Gift Recommendation (action) ......................... E-7
d. Report on Executive Director Evaluation ............................................................................. E-13
e. Litigation Report Jean McElroy ......................................................................................... E-21
f. Meeting Evaluation Summary: July 22-23, 2016 ................................................................. E-58
g. Meeting Evaluation Summary: August 23, 2016 ................................................................. E-63
12:00 P.M. LUNCH
1:00 P.M. PUBLIC SESSION

Introductions and Welcome
Report on Executive Session
Consideration of Consent Calendar *
OPERATIONAL
3. FIRST READING/ACTION CALENDAR

a. Washington State Bar Foundation (WSBF) Annual Meeting Judy Massong, President,
and Terra Nevitt, Director of Advancement/Chief Development Officer
1. Appoint Members to WSBF Board of Trustees (action) ................................................... 19
b. WSBA FY2017 Budget Governor Karen Denise Wilson, Treasurer; Ann Holmes,
Chief Operations Officer; and Tiffany Lynch, Controller (action) ........................................... 33
c. 2018-2020 WSBA License Fees Governor Karen Denise Wilson, Treasurer; Ann Holmes,
Chief Operations Officer; and Tiffany Lynch, Controller (action) ......................................... 108
*
See Consent Calendar. Any items pulled from the Consent Calendar will be scheduled at the Presidents discretion.
d. Recommendation from BOG Legislative Committee re Council on Public Defense
(CPD) Statement on Legal Financial Obligations (LFO) Reform in Washington State
Governor Phil Brady, BOG Legislative Committee, Chair; Travis Stearns, CPD Member;
and Alison Grazzini, WSBA Legislative Affairs Manager (action)......................................... 112
e. Lawyers Fund for Client Protection (LFCP) Recommendation re Gift Limit Kathryn
Hermann, Chair, and Kevin Bank, Assistant General Counsel (first reading)....................... 116
f. Resolution re Limited License Legal Technician (LLLT) Program (action) ............................ 130
2:00 P.M.
GENERATIVE DISCUSSION
4. LAW SCHOOL EDUCATION AND SKILLS FOR THE 21st CENTURY LEGAL PROFESSIONAL
a. Institute for the Advancement of the American Legal System (IAALS) Presentation on
Foundations for Practice Project Presentation Alli Gerkman, IAALS Director of
Educating Tomorrows Lawyers ............................................................................................ 132
b. Discussion
FRIDAY, SEPTEMBER 30, 2016

8:00 A.M. EXECUTIVE SESSION
9:00 A.M. PUBLIC SESSION
OPERATIONAL (continued)
5. FIRST READING/ACTION CALENDAR (continued)

g. Suggested GR 12 Amendments Paula Littlewood, Executive Director; Jean McElroy,
General Counsel/Chief Regulatory Counsel; and Doug Ende, Chief Disciplinary Counsel
(action) .................................................................................................................................. 206
h. Proposed WSBA Bylaw Amendments Immediate Past-President Anthony Gipe, Chair,
and Jean McElroy, General Counsel/Chief Regulatory Counsel (action) ............................. 233
i. Suggested Amendments to Admission and Practice Rules (APRs) for Administrative
Coordination Jean McElroy, General Counsel/Chief Regulatory Counsel (action) ........... 609
j. WSBA Spiritual Practices Policy Jean McElroy, General Counsel/Chief Regulatory
Counsel, and Frances Dujon-Reynolds, Director of Human Resources (action) .................. 730
Additional Materials ........................................................................................................ S-3
k. Update re Sections Policy Work Group Immediate Past-President Anthony Gipe,
Chair; Ann Holmes, Chief Operations Officer; and Terra Nevitt, Director of Advancement/
Chief Development Officer ................................................................................................... 742
Additional Materials ........................................................................................................ S-7
6. CONSENT CALENDAR.................................................................................................................. 745

a. July 22-23, 2016, Public Session Minutes ............................................................................. 746
b. August 23, 2016, Special Meeting Public Session Minutes .................................................. 753
c. 2017 Keller Deduction Schedule ........................................................................... late materials
d. WSBA Committee on Mission Performance and Review (CMPR) Report ............................ 759
Additional Materials ...................................................................................................... S-31
e. Recommendations re WSBA APEX Awards........................................................................... 764
f. WSBA Reserve Policy ............................................................................................................ 769
g. Construction Law Section Design Professional Model Residential Contracts ...................... 772
h. Proposed Amendments to Civil Rights Law Section Bylaws ................................................. 790
i. Appoint Member to Continuing Legal Education (CLE) Committee ..................................... 810
j. Appoint Co-Chair to Pro Bono and Public Service Committee ............................................. 811
7. INFORMATION
a. Activity Reports ..................................................................................................................... 814

b. Executive Directors Report .................................................................................................. 839
c. ABA Annual Meeting Report ................................................................................................. 885
d. Chief Hearing Officer (CHO) Annual Report.......................................................................... 908
e. Legal Foundation of Washington (LFW) and LAW Fund Report ........................................... 911
f. Diversity and Inclusion Events .............................................................................................. 923
g. Financial Statements
1. Third Quarter Fiscal Update Memo ................................................................................ 925
2. June 30, 2016, Financial Statements .............................................................................. 928
3. July 31, 2016, Financial Statements ................................................................................ 970
4. August 31, 2016, Investment Update ........................................................................... 1011
8. PREVIEW OF NOVEMBER 18, 2016, MEETING......................................................................... 1012

2016-2017 Board of Governors Meeting Issues
NOVEMBER (Seattle)
Standing Agenda Items:
Financials
FY2016 Fourth Quarter Management Report
BOG 2016-2017 Legislative Committee Agenda
WSBA Legislative Committee Recommendations
Office of Disciplinary Counsel Report (Executive Session quarterly)
Outside Appointments (if any)
Washington Leadership Institute (WLI) Fellows Report
WSBA Practice Sections Annual Reports (information)
WSBF Annual Report
JANUARY (Spokane)
ABA Midyear Meeting Sneak Preview
Financials
FY2016 Audited Financial Statements
FY2017 First Quarter Management Report
Legislative Report
LFCP Board Annual Report
Third-Year Governors Candidate Recruitment Report
MARCH (Olympia)
ABA Mid-Year Meeting Report
Financials
Legislative Report
Supreme Court Meeting
May (Seattle)
BOG Election Interview Time Limits (Executive Session)
Financials
FY2017 Second Quarter Management Report
Interview/Selection of WSBA At-Large Governor
Interview/Selection of the WSBA President-elect
Legislative Report/Wrap-up
WSBA Awards Committee Recommendations (Executive Session)
JULY (Walla Walla)

ATJ Board Report
BOG Retreat
Court Rules and Procedures Committee Report and Recommendations
Discipline Selection Panel Recommendations
Financials
Draft WSBA FY2017 Budget
FY2016 Third Quarter Management Report
WSBA Committee and Board Chair Appointments
WSBA Mission Performance and Review (MPR) Committee Update
WSBA Treasurer Election
SEPTEMBER (Seattle)
2018 Keller Deduction Schedule
ABA Annual Meeting Report
Chief Hearing Officer Annual Report
Professionalism Annual Report
Executive Directors Evaluation Report
Financials
Final FY2018 Budget
Legal Foundation of Washington and LAW Fund Report
WSBA Annual Awards Dinner
WSBF Annual Meeting and Trustee Election
Board of Governors Action Timeline
Description of Matter/Issue First Reading Scheduled for

Board Action
Law Clerk Waiver Policies November 13, 2015 TBD
WSBA Committee on Mission Performance & Review Report July 22-23, 2016 Sept 29-30, 2016
WSBA Draft FY2017 Budget July 22-23, 2016 Sept 29-30, 2016
2018-2020 WSBA License Fees July 22-23, 2016 Sept 29-30, 2016
WSBA Reserve Policy July 22-23, 2016 Sept 29-30, 2016
Amendments to APRs for Administrative Coordination July 22-23, 2016 Sept 29-30, 2016
Recommendations re WSBA APEX Awards July 22-23, 2016 Sept 29-30, 2016
WSBA Spiritual Practices Policy July 22-23, 2016 Sept 29-30, 2016
Construction Law Section Design Professional Model July 22-23, 2016 Sept 29-30, 2016
Residential Contracts
Amendments to WSBA Bylaws August 23, 2016 Sept 29-30, 2016
Lawyers Fund for Client Protection (LFCP) Recommendation Sept 29-30, 2016 November 18,2 016
re Gift Limit
WASHINGTON STATE BAR
FOUNDATION
To: WSBA Board of Governors
From: Judy Massong, President
Re: 2016-17 Board ofTrustees Appointments
Date: September 9, 2016
ACTION REQUESTED: Approve the attached Board roster appointing all trustees as recommended by
unanimous consent of the Foundation Board of Trustees (except where Trustees recused themselves
from recommending their own appointment).
The Foundation Board is pleased to present the proposed 2016-17 Board ofTrustees roster.
The Washington State Bar Foundation is the fundraising arm of the WSBA. The current members of the
WSBA Board of Governors constitute the membership of the Foundation. Per the Foundati on's bylaws,
the WSBA Executive Director serves as the Foundation's Secretary ex officio, the WSBA Past President
serves as a trustee ex officio, and the WSBA President each year appoints a first year Governor to serve
a 3-year term on the Foundation Board. The remainin g seats are recommended by the Foundation
Board and appointed by the Board of Governors, convened as the members of the Foundation.
The Foundation Board asks that one trustee, the Foundation's duly elected President, be appointed to
an additional year beyond her two completed terms, per Article Ill Section 3 of the current Bylaws.
The Board has unanimously approved a slate that includes appointing:
Judy Massong, President, to an additional one year term as Additional Year Officer
Richard C. Bird, Jr. as Treasurer, one of two public members
Gerald Moberg to a three year term as a Trustee At Large
Sims Weymuller to a three year term, one of four positions held by active, inactive or emeritus
members in good standing of the WSBA
Blake Kremer to complete remainder of the term ending September 2017, vacated by Kaitlin
Roach, a Trustee At Large
In addition, President-elect Haynes will appoint a first- year Governor to sit on the Board of Trustees.
Attachment:
Proposed roster
Biographical info rmation on proposed new Trustees
Washington State Bar Fo undation I 1325 Fo urth Ave., Ste. 600, Seattle, WA 98101 I Learn more & give at wsba.org/foundation
19
~ WASHINGTON STATE BAR
\~ FOUNDATION
2016-2017 Board of Trustees, Recommendation
POSITION RECOMMENDATION TERM, ending
1 Appointed by 2016-2017
WSBA 1st Year Governor September 2019
BOG President
WSBA 2nd Year Governor BOG President September 2018
James Doane
WSBA 3rd Year Governor BOG President September 2017
Jill Karmy
4 WSBA Past President or

Ken Masters 1st Term, September 2017
Governor
5 Additional Year Officer Judy Massong Additional Year, September 2017
6 WSBA Member Vernon Harkins 1st Term, September 2018
7 WSBA Member Kate Snow Cozby 1st Term , September 2017
8 WSBA Member James W. Armstrong, Jr. 2nd Term, September 2017
9 WSBA Member Sims Weymuller 1st Term, September 2019
10 Minority/ Specialty Bar Rep. Chad Arceneaux 1st Term, September 2018
11 Law Student Ashley Cummins Graduation
12 Public Member Joan Duffy Watt 1st Regular Term , Sept. 2017
13 Public Member Richard C. Bird, Jr. 1st Term , September 2019
14 At Large Gerald Moberg 1st Term, September 2019
15 At Large Kristina Larry 1st Term, September 2018
16 At Large Blake Kremer Remainder, September 2017
17 Secretary Pau la C. Littlewood Executive Director serves Ex Officio
20
Blake Kremer
Criminal Defense Personal Injury Peace Activism
I'm a longtime member of the Pierce County and state Bar Associations. and I Community Service
serve on the Law Fund for Client Protection at the WSBA. I have also drafted
Chalr Law Fund for Client Prote<tJOn
rule changes for the WSBA that have been adopted by the Board of Governors (2012 p<esenl} member (2008 - p<esent)
and by the State Supreme Court. and that have introduced new efficiencies to
the practice of law. Vohmteer REACH Mnstnes
(pechatnc- HJV1AIOS support) (2(X}.4.p1esent1
My legal practice Is diverse and Includes criminal defense and personal Injury Volunteer t.lultlc.are Hospice (2004-JJ<esent)
work. I do pro bono work including victim advocacy. hospice work. and work for
a pediatric HIV/AIDS support organization. I'm also lucky to handle some truly t.tember lnns of Coun (2012. present)
re markable cases that reflect my comm~ment to social justice the kind of
f.lember Pierce County WJShlngton \Vomen Lawyers
cases my friends and I dreamed about working on when we were In law (2012 - p<esenr)
school. For example. I spent a large part of the last few years on a death
penalty defense case. As another example. I defended Father Bill Bichsel.
Sister Anne Montgomery and several others after they broke Into Kits ap Naval
Base to bring attention to the base's stockpile of nuclear weapons.
I received my law degree from University of Puget Sound In Tacoma in 1992.

Before graduating from law school. I interned at a small firm in King County where I handled numerous DUI cases
every day. I am dedicated to the cause of representing the accused.
Blake Kremer is a criminal defense attorney, frequently handling serious fe lony cases as well as
misdemeanors, and has been one of the few attorneys In this state to defend a client accused of felony DUI. He
Is passionate about criminal defense and constitutional rights.
'
Bli*e Kr~ presenfir1g repons tor d1sc.usSGl to the
Boord ol G...emors "'""' Sea:lle meeong
21
THE LAW OFFICES OF
Tacoma:(253) 830-5844 BLAKE I. KREMER 4009 Bridgeport Way W Ste B
Facsimile:(253) 627-3095 University Place, Washington 98466
July 15, 2016
I would be delighted to be considered for the position of The Washington State Bar Foundation's
Board of Trustees.
Having been an attorney for a quarter century, I have handled death penalty litigation, wrongful death,
corporate and marital dissolution, and appeals both state and federal. While primarily working from Tacoma,
I have worked in many different parts of our state. I have dedicated a large part of my practice over more than
a decade to pro-bono support of Multi care Hospice, REACH (a pediatric HIV and AIDS support
organization), and advocacy of priests, nuns, and monks who are activists against weapons of mass
destruction.
One of the most rewarding experiences in my career were the years I spent serving the Law Fund for
Client Protection, where I served two terms as chair. Perhaps the best part of serving as chair was the regular
reminder that our strength as a Bar comes from our diversity. I constantly enjoyed the rewards of working as
a chair to encourage each of the Fund 's members to participate and to be heard. I saw again and again that
diversity is manifests in ways including qualities including race, ethnicity, gender, sexual orientation and
more. I was reminded again and again that important contributions to discussions could result from
something as discreet as geographic diversity.
I learned much during my time on the Fund from studying how other Bar associations were handling
similar issues, and authored and co-authored rule changes that were ultimately adopted by both the BOG and
the Supreme Court.
I understand that I would have much to learn to be an effective member of the Foundation's trustees.
It is a challenge I am eager to take on. More importantly, I am eager to see the Foundation grow, and to help
by sharing my ideas and energy.
Thank you for your consideration of my application to serve.
Very truly yours,
Sent Without Signature to Avoid Delay
BLAKE I. KREMER
Attorney at Law
22
jerry Moberg
Jerry Moberg is an honors graduate of Gonzaga University Law School He has p racnced law 1n this
community 'or over 40 years. He was one of die youngest lawyers to ever appear 1n from of the United
St ates Supreme Court where he argued t he noted case of United StDtes v PoweH. He has served Grant
County as a Superior Court judge. He 1s a former member of the Board of Governors of 1he Washington
State Bar Assoc1at1on representing the lawyers of the 4th Congressional District.
j erry has tn ed a wid e variety of cases ranging from serious mJury cases to First Degree Murder cases. He
has tried over 1so cases t o 1udgment and 1s recognized as one of tl" e most expenenced rria lawyers in this
area
He has expenence in cases 1nvolv1ng employmen t. wrongful death. commerc.al hug,mon. sexual abuse and
p ersonal 1n1unes
23
JERRY J. MOBERG
Attorney at Law
124 3RD Ave SW
P.O. Box 130
Ephrata, WA 98823
(509) 754-2356
Education: Gonzaga University (1966-1970)

Awarded Bachelor of Arts and Basic Medical Sciences
Gonzaga University Law School (1970-1973)

Awarded J.D. cum laude
Work Experience: (1973-1974) Principal Moberg Law Firm

Moses Lake, Washington
(1974-1988) Principal Ries and Kenison

(1989-1992) Superior Court Judge

Grant County, Washington
(1992-1996) Principal Lukins & Annis, P.S.

Spokane, Washington and
( 1996-1997) Principal Moberg Law Firm

(1997-2013) General Counsel, Canfield & Associates

Ephrata, Washington
(2014-Present) Jerry Moberg & Associates, PS
General: Mr. Moberg has been practicing law since 1973. Mr. Moberg has
been actively involved in employment litigation, both in the private
sector, and representing public entities such as: school districts,
cities, counties, special districts, fire districts, and non-profit
organizations, tribal nations, in employment related claims.
He has had an active practice defending public entities in a wide

variety of cases. His present practice predominately involves
litigation in Federal Court. He has argued cases before the United
24
States Supreme Court, the 9th Circuit Court of Appeals, the
Washington State Supreme Court and the Washington State Court
of Appeals. He has tried cases in a number of Superior Court' s in
Washington and in both the Eastern and Western United States
District Courts.
Mr. Moberg licensed to practice in Washington and Oregon.
Trial Experience: Mr. Moberg has tried a number of cases in Federal Court and State
Court. He has tried to verdict cases involving major injuries and
disabilities, wrongful death, civil rights violations employment
claims, and police officer misconduct. He estimates that he has
tried over 150 jury trials in his career.
Other Service 2012 - Present- Samaritan Hospital Ethics Committee
2013-2015 WSBA Board of Governors 4 111 District
25
RICHARD C. BIRD, JR.
12004 S.E. 92nd Street
Newcastle, Washington 98056
(W) 206-398-4060 (H) 425-793-3952 -I
!
OBJECTIVE
Obtain the position of Vice President for Finance and Investments thereby continuing and complimenting
the progressive pattern of increased responsibility demonstrated throughout a dedicated career to the
success of Seattle University.
EDUCATION
I
1
!
!
Pacific Lutheran University 1984
Master of Business Administration (MBA) I
Pacific Lutheran University
Bachelor of Business Administration, Personnel Concentration
1982 I I
EXPERIENCE II
Associate Dean for Finance and Administratio1t June 1998 to Present I
Seattle University Sc/tool ofLaw
Member of Dean's Administrative team responsible for Financial, Facilities and Personnel functions. Ii
Develop and implement revenue/expense budget in excess of $26 million. Continually exceed strategic
goals and objectives of the School of Law. Supervise staff of 20 Administrative, Business Office, Copy
Center and Technology department personnel. Successfully manage maintenance, renovation and capital
improvement projects under budget and on-time.
I
Associate Director for Residential Life/ 1986-1998
Director ofAuxiliary Services, Seattle University
Directed and supervised Auxiliary Services, Conference Services, Residence Hall Custodial and l
Maintenance Departments, Desk Services and Residence Hall Business Operations. Selected, trained,
supervised and evaluated a staff of 40-45 who delivered premier services to over 1200 students. I
I
Effectively implemented revenue and expense budgets while exceeding department goals and objectives.
Interim Director of University Sports Oct 1993-July 1994 Ij

Seattle University ;
Selected to provide leadership to University Sports intercollegiate, recreational, intramural, i!

facility, and membership program staff during Director's search. Achieved smooth transition '
through effective budgeting, careful coordination of intercollegiate programs and follow-up
recognition and certification of student athletes.
I
26
Acting Director for Residential Life June 1992-Mar 1993
Seattle University
Successfully achieved Residential Life department mission and objectives by providing strong leadership
to Administrative, Auxiliary Services, Campus Food Service and Residential Education staff. M aintained
fiduciary responsibility for revenue and expense budgets in excess of $5 million.
Director ofAuxiliary Services 1983 to 1986

Seattle University
Managed Auxiliary Service operations including the coordination of campus facilities for non-academic !!
use. Secured revenue for University child care center and conference operations. Managed substantial
budget for management of residence halls and van fleet. Coordinated distribution of campus alcohol
permits, issuance of student identification cards, and contracted for leases and vendors in the residence
balls. Selected, trained, supervised and evaluated staff and student personnel in operational areas.
I
Residence Hall Director/Conference Coordinator
Pacific Lutheran University
1981to1983
II
Managed a residence hall for 200 students encompassing staff development, student conflict management
and counseling, and capital expenditures in excess of $30k. Coordinated
housing operations for summer conferences. Successfully managed critical revenue stream and expense
I
budgets. Supervised forty para-professional staff members and directed all conference operations.
Buildilig Supervisor 1975 to 1981

Ii
Lake Shore Athletic Club
Managed daily operation of a multi-purpose family recreational facility. Supervised operational staff and
secured daily financial transactions, record keeping and membership.
I
INTERESTS I!
Dedicated to family; enjoy golfing and gardening. ii
REFERENCES
I
I
!
James Bond (919) 542-0693

Previous Dean/Professor Emeritus, Seattle University School ofLaw
Denis Ransmeier (503) 768-7697

Vice President Finance, Lewis & Clark College
I
I
li
Judy Sharpe (206) 523-9137

Previous Director for Residential Life, Seattle University
Kellye Testy (206) 398-4041

Dean, Seattle University School ofLaw
27
Sims Goodrich Weymuller
9270 California Ave. SW Seattle, Washi ngton 98136 206.963.2422 sims@sgb-law.com
LEGAL AND POLICY WORK

Schroeter, Goldmark & Bender Seattle, Washington
Affomey & Shareholder March 2012 - Present
Trial lawyer handling legal and medical malpractice, product liabili ty and serious personal injury matters
in state and federal courts. Resolving intricate matters through jury and bench trials, arbitrations and
mediations. Emphasis in birth trauma matters and complex legal malprnclicc liti gation with ethical
components. Active member of firm partici pating in finance, management, and marketing.
Johnson Florn, PLLC Seattle, Washington

Atfomey & Partner May 2001 - February 2012
Tried cases before state and federal courts and in private arbitration; successfull y appealed matters 10 the
Washington State Comt of Appeals and the Ninth Circuit. Pe1formed firm management duties from
IOLTA oversight and office administration to technology, marketing, and personnel .
The Honorable Marsha J. Pcchman, U.S. Fecletal Dish'ict Court Seattle, Washington
Legal Extem Fall - 200 I
Reviewed and evaluated pleadings in pending civil cases, researched legal authority, drafted position
memoranda and advocated those positions in discussions with clerks and the Judge.
The Center for Envil'Onmcntnl Law and Policy Seattle, Washington

l egal llltem Summer - 2000
Researched, developed and briefed claims regarding: the Washington Water Code; water rights transfers;
PCHB decisions; exempt well drilling; and water rights permitting on the Columbia River.
U.S . Public Interest Resemch Gl'Onp Washington, DC

Public lands Advocate August 1998 -August 1999
Directed national campaign to pnss the "Road less Rule." Developed campaign goals, strategy and tactics.
Generated Congressional support (80 percent success rate). Authored report: Public Loss , Private Gain,
(June 1999, U.S. PIRG)examining controversial timber industry practices.
Clea11 Air/Toxics Program Associate August 1997 - August 1998

Worked implement and protect national Clean Air Act standards and to reauthorize Superfund through
congressional advocacy. Monitored , analyzed, and lobbied for proposed legislation. Co-authored th ree
reports examining links between campaign cont ributions and environmental policy.
The Fund for Public Interest Research Columbus, Ohio and Washington, DC
Canvass Director July 1996-Augusl 1997
Directed citizen outreach offices ror Ohio PI.RG and U.S. PIRG. Recruited, trained and motivated
campaign staff in organizing, canvassi ng, and fundrai si ng. Oversaw budget and office administration.
Si ms G. Wcymuller, Page I
28
PROFESSIONAL MEMBERSHIPS, ADMISSIONS AND HONORS
Wnshington State Bar Associntion Wnshington

Active Member 2002 - present
Member, Chair (2014-2015), Chnractcr and Fitness Board 2012-2015
Member, Prorcssionalisrn Work Group 2013 -20 14
Member. Chair (2008-2009), Lawyers' Fund for Client Protection Board 2004-2012
Member. Lawyer's Fund For Client Protection Task Force 2008
Member. Chair (20 10-2011 ), Professionalism Committee 2007 -20 12
Member, Electronic Communications Committee 2004- 2005
Member, Professional Development Committee 2002 - 2003
United States Comt of Appeals for the Ninth Cll'cuit, ad111it1ed to practice 2003
United States District Court, Wcstem Distl'ict of Washington, admitted to practice 2004
Wnshington State Trial Lawyel's Association, Eagle Member 2003 - present

Member.Justice For All PAC Board of Trustees 2016
Wnshington Law & Politics/Supcl' Lawyers,

"Rising Star" nnd "Super Lawyer" 2007-2014, 2015 - 2016
The Center for Environmental Law and Policy, Board Member 2002 - 2007
Gl'eenLaw, U.W. Envil'onmeutal Litigation Project, Board Member 2002 - 2007
EDUCATION
University of Wnshingtou School of Law Seattle, Washington
Juris Doctor June 2002
Member, National Order of Barristers, 2002
Executive Articles Editor, Pacific Rim L-tw and Policy Journal, 2001-2002
Author, Phoenix From the Ashes: The 1999 Pacific Salmon Agreement, May 2001
Founder and Executive Director, Green Law, environmental litigation project, 1999 - 2002
Member, Moot Court Honor Board, 2000-2002
" 0111sta11di11g Advocate Award," 2002 TYLA Regional Mock Trial Competiti on
Finalist, 200 I U .W. Mock Trial Competition; Chair or organizing committee, 2002
Finalist and Third Place Advocate, First Year Moot Court Competition, 2000
Grant recipient. Public Interest Law Association, 2000
Kenyon College Gambier, Ohio

Bachelor of Arts in Political Science, with Honors; Environ mental Studies Concentration May 1996
\Vi1111er, Diamond-Storing Memorial Prize for excellence in an American politics honors thesis
Dean 's List, 1994 - 1995 , 1995 - 1996
Four-year letter111a11 , Kenyon College Varsity Football, 1992-1995
\Vi1111er, Hoag Sportsmanship Award for most inspirational player, 1995
Oxford Univel'sity Oxford, England

Oxrord Associate Student. Programme January 1995 - June 1995
Studied British poli tical theory and poli ti cs with Oxford Dons and Professors at Lady Margaret Hall.
Sims G. Wey mullcr, Page 2
29
PUBLICATIONS
Deskbook Chapter: Medical Malpractice Motions Practice, WSAJ Washington Medicnl Negligence
Deskbook, 2016.
Xarelto: From Big Sell to MDL, WSAJ Trial News, Volume 51 , No. 4, December 20 15.
Know Thy Client - Cultural Competency in a Diverse World , NWLawyer, Vol. 69, No. 2, March 2015.
Deskbook Chapter: Product Liability- Successor Linbility, WSAJ Product Liability Deskbook, 2014.
Sunset to Sunrise: A New Dawn in Professionalism, NW Lawyer, Vol. 68, No. 7, October 2014.
Fight the Good. Cleon Fight - Dealing with Bullies, Avoiding Bullying. and Understanding the Impact of
Bullying on Diverse Populations; WSAJ Trial News, Vol. 48, Number 3, November 2012
Professionalism: One Lawyel''s View, Washington State Har News, Vol. 65, Number 8, August 2011.
ProOles in Professionalism, Washington State Bar News, Vol. 62, Number 8, August 2008.
Daubert and the differential diagnosis: how oily oysters may save your cnse, WSTLA Trial News,
Volume 43 , Number 3, 2007.
The Professional L'1wyer, 2006 Symposium Issue, American Bar Association, Center for Professional
Responsibility, Irreconcilable Differences: The Duty of Undivided Loyalty Versus the Non-Client Duty
of Care, with Mark.Tolmson.
Phoenix From the Ashes: The 1999 Pacific Salmon Agreement , Pacific Rim Law and Policy Journal, May
2001.
PRESENTATIONS
General Damages at Trial Northwest Justice Project 2016
A!tomey-Client Relationships in Litigation WSBA Trial Advocacy Project 20 15
University of Washington
Professional Responsibility for LLM Students 20 15
School of Law
Attorney-Client Relationships in Litigation WSBA Trial Advocacy Project 20 14
Product Liability - Successor Liabili ty WSA.I Product Liability CLE 20 14
WSBA "Law of Lawyering''

Fees and Our Trust Accounts 2013
Conference
Sims G. Weymuller, Pngc J
30
Allorney-Client Relationships In Litigation WSBA Trial Advocacy Project 2013
WSBA - Ethical Dilemmas for

Chair and Moderator 2013
the Practicing Lawyer
Moderator and speaker WSBA - Best of CLE 2012 2012

Encore of Excellence
2012
WSAJ - Navigating Ethics in
CLE Co-Chair and Moderator the Third Millennium 2012
Drawing the Line: Setting Boundaries to Preserve
WSBA - Solo & Small Practice
the Attorney-Client Relalionshi p Convention 2011
Successful Communication Strategies for WSBA - NLE Preadmission
Professionals
Seminar
Civility and Professionalism: A Practitioner's 201 I
Sixth Annual Statewide
Guide
Diversity Conference
2010
Ethical Obligations of Billing Practices and
WSBA "Law of Lawyering"
Invoicing
Conference CLE
2010 Ethics in Civil Litigation , Video Replay Online moderator of WSBA 2010
live video replay CLE webinar
Ethical Obligations of Billing Practices and East King County Bar Assn., 2010
Invoicing Real Property Divi sion
The RPCs: a Year Later, Video Replay Online moderator of WSBA 2009
live video replay CLE webinar
Professionalism: Where the RPCs Leave Off WSBA Professionalism 2008 -' 11
Committee, seminar at U.W.
and Seatlle U. P.R. Classes
Effective Discovery Techniques Evidence: Strategies for

Finding, Preserving and Using 2008
Evidence; NBI CLE
Service of Process and
Sims G. Weymuller, Page 4
31
Service of Process and Government Claims Filing Procedural Pe1fection CLE 2007
Electronic Ethics and Internet Malpractice: Maintaining Client 2004

Conficlentiali ty and Other Concems Confidences CLE
Electronic Ethics and Internet Malpractice WSBA "Law of Lawyering" 2003

Conference CLE
Sims G. Wcymuller, Page 5
32
WSBA
To: Board of Governors
From : Budget & Audit Committee
Re: FY17 Budget
\ ACTION: Approve FY17 Budget.
The Budget & Audit Committee recommends the attached Fina l Draft FY17 WSBA Budget (Final Draft) for
approval. The First Draft, which the Board considered on first reading in July, included budgets for the
General Fund, Capital, Continuing Legal Education (CLE Fund), Lawyers' Fund for Client Protection (LFCP),
and the Western States Bar Conference (WSBC). The Board made no changes to the First Draft.
This memorandum : (1) identifies severa l updates to the First Draft General Fund and Capital Budgets (there
we re no changes to the WSBC and essentially no changes to the CLE and LFCP budgets 1 ); and (2) introduces
the FYl 7 Section Budgets.
I. FY17 GENERAL FUND AND CAPITAL BUDGETS
A. GENERAL FUND BUDGET (Attachment A}

The Final Draft assumes $16,890,224 in General Fund Revenue and $18,887,569 in expenses. As
anticipated, we are projecting a ($1,997,345) net loss, positioning us to spend into reserves. The Final Draft
includes a Capital Budget of $583,800, with $115,544 includ ed in the FY17 Budget as depreciation expense .
Revenue is lower by $4,000 due to the elim ination of Diversion revenue in the LOMAP cost center;
expenses are higher by $32,574 because of increases in insurance premiums, online legal research, and
postage. The chart on the following page shows how the Final Draft FY17 General Fund Budgeted expenses
are used to suppo rt WSBA programs, services and operations.
1
Because insurance premiums are indirect costs that are allocated across all cost centers, there are nominal increases
in the CLE (<$2,000) and LFCP (<$500) budgets.
1
33
HOW THE FY17 GENERAL FUND BUDGETED EXPENSES ARE USED TO SUPPORT WSBA
PROGRAMS, SERVICES AND OPERATIONS
Dise:ipline & Disability Syst

32.S't
56.147.499
6enBiil Counsel Office &

Proers-ams
5.4"-
Sl.025.780
Otber le,lll Professionals 2.5"-

$473,814
Me~ Benefits& Professiooal

Development 9.3%.
Sl.755.464
Public Service. Diversity &

lnoluslon
6.1"-
Ofianization & Manai:ement Sl.158.559
Support U.9%.
Sl.431.476
Eni:lliement & Outreach 14.5%,
---------- S2.74L761
Total General Fund Expenses
$18,887,569
B. CAPITAL BUDGET (Attachment B)

The table below identifies changes to the First Draft FY17 Capita l Budget, which were discussed w ith the
Board in July:
CAPITAL ITEM FIRST DRAFT FINAL DRAFT /). /). GF DEPRECIATION

Website Red esign $235,000 $270,000 +$35,000 +$5,250
Meter Mailing Machine $30,380 $15,900 ($14,480) ($2,896)
Bulk Mailer Machine $10,680 0 ($10,680) ($2,136)
TOTAL $276,060 $285,900 $9,840 $218
2
34
II. FY17 SECTION BUDGETS (Attachment C)
The FYl 7 Section budgets are relative ly similar to FY16 with minimal increases in revenue and expenses.
Reve nues mainly consist of membership dues and profits from CLE seminars. Expenses vary depending on
the Section's work plan for the year. Per-Member Charge needed t o cover costs in FY17 is $20.58. In June,
the Committee unanimously agreed to keep the Per-Member Charge at its current rate of $18.75 for FY
2017. The attached budgets show t hat all Sections have hea lthy fund balances and are spending down their
reserves.
An amendment was made to the Business Law Section budget after the Committee met on Se ptember ih.
The amendment includes an add it ional $6,000 under "Section Special Projects" for the cost related to
mailing the section's So urcebook, which is being completed in FY16 but will not be distributed to members
until FY17 .
ATTACHMENTS
A FY17 Final Draft G_eneral Fund Budget

B FYl 7 Final Draft Capital Budget
C FYl 7 Draft Section Budgets
D FY17 Final Draft CLE Budget
E FYl 7 Final Draft LFCP Budget
F FY17 Final Draft WSBC Budget
G WSBA Committee, Board, Panel and Task Force Budget Summary
35
A
36
Washington State Bar Association
Fiscal Year 2017 Budget Summary- FINAL 8/30/16
Cost Centers Revenue Expense Net

Access to Justice 8,000 259,763 (251,763)
Administration 55,000 1,029,756 (974,756)
Admissions/Bar Exam 1,070,000 1,161,290 (91,290)
Board of Governors and Office of the Executive Director 0 782,596 (782,596)
Communications 44,250 1,700,658 (1,656,408)
Discipline 140,000 5,602,671 (5,462,671)
Diversity 100,374 394,269 (293,895)
Foundation 0 167,949 (167,949)
Human Resources 0 257,819 (257,819)
Law Clerk Program 97,000 106,435 (9,435)
Law Office Management Assistance Program 2,500 202,902 (200,402)
Lawyer Assistance Program 15,750 174,202 (158,452)
Legislative 0 263,265 (263,265)
Licensing 13,204,000 0 13,204,000
Licensing and Membership Records 247,800 587,467 (339,667)
Limited License Legal Technician 13,400 235,064 (221,664)
Limited Practice Officers 132,700 202,487 (69,787)
Mandatory CLE Administration 711,000 735,390 (24,390)
Member Benefits 3,000 75,000 (72,000)
Mentorship Program 0 201,473 (201,473)
New Lawyer Programs 80,000 307,891 (227,891)
NW Lawyer 573,450 624,208 (50,758)
Office of General Counsel 0 792,970 (792,970)
Office of General Counsel Disciplinary Board 0 257,747 (257,747)
Practice of Law Board 0 115,371 (115,371)
Professional Responsibility Program 0 280,851 (280,851)
Public Service Programs 85,000 432,000 (347,000)
Sections Administration 307,000 460,156 (153,156)
Technology 0 1,475,919 (1,475,919)
Total General Fund Operating Gain/(Loss) for FY 2017 16,890,224 18,887,569 (1,997,345)
Depreciation (12,257)
Straight Line Rent 194,225
Capital Labor (140,700)
Net Cash Flow from FY 2017 operations (1,956,077)
Continuing Legal Education (CLE) 2,574,800 2,302,587 272,213
Sections Operations 688,611 898,833 (210,222)
Lawyers Fund for Client Protection 986,000 616,221 369,779
Western States Bar Confernece 50,000 50,000 0
Total 21,189,635 22,755,210 (1,565,575)
37
Budget Comparison Report
For the Period October I, 2016 to September 30, 2017
F ISCAL 2016 FISCAL 2017 $CHANGE IN %C HANGE I

SALARIES & BENEFITS: BUDGET BUDGET BUDGET BUDGET
SAL.ARJES I 0,876,353.00 10.987,79 1.00 111 ,438.00 1.0%

ALLOWANCE FOR OPEN POSIT IONS (120,000.00) ( 120,000.00) 0.0%
TEMPORARY EMPLOYEES 152,600.00 98,320.00 (54,280.00) -35.6%
EMPLOYEE ASSISTANCE PLAN 4 ,800.00 4,800.00 0.0%
EMPLOYEE SERVICE A WAR.OS 2,140.00 1,970.00 (170.00) -7.9%
FICA 8 15,000.00 823,000.00 8,000.00 1.0%
L&l INSURANCE 5 1,500.00 48,000.00 (3,500.00) -6.8%
MEDICAL I ,442,000.00 1,335,000.00 (107,000.00) -7.4%
RETIREMENT 1,205,000.00 1,252,000.00 47,000.00 3.9%
TRANSPORTAT ION ALLOWANCE 98,000.00 118,500.00 20,500.00 20.9%
UNEMPLOYMENT INSURANCE 119,500.00 106,000.00 (13 ,500.00) -11.3%
STAFF DEVELOPMENT-GENERAL 7,000.00 6,865.00 (135.00) -1.9%
CAPITAL LABOR (33,900.00) (140,700.00) (106,800.00) 315.0%
TOTAL SALARIES & BENEFITS: 14,619,993.00 14,52 1,546.00 (98,447.00) -0.7%
OVERHEAD:
WORKPLACE BENEATS 32,000.00 42,000.00 10,000.00 31.3%

HUMAN RESOURCES DIRECT EXPENSES 128,336.00 126,656.00 (l,680.00) -1.3%
MEETING SUPPORT EXPENSES 15,000.00 15,000.00 0.0%
RENT 1,590,000.00 1,645,000.00 55,000.00 3.5%
PROPERTY TAXES 18,000.00 12,500.00 (5,500.00) -30.6%
FURNITURE. MAINTENANCE, LEASHOLD IMPROVEMENTS 20,000.00 38,000.00 18,000.00 90.0%
OFFICE SUPPLIES & EQUfP MENT 69,000.00 50,000.00 (19,000.00) -27.5%
FURNJTURE & OFFICE EQUIPMENT DEPRECRECIATION 162,000.00 74,000.00 (88,000.00) -54.3%
COMPUTER HARDWARE DEPRECIATION 105,000.00 63,000.00 (42,000.00) -40.0%
COMPUTER SOFTWARE DEPRECIATION 52,000.00 94,500.00 42,500.00 8 1.7%
LNSURANCE 105,000.00 130,400.00 25,400.00 24.2%
PROFESSIONAL FEES-AUDIT 30,000.00 31 ,000.00 1,000.00 3.3%
PROFESSIONAL FEES-LEGAL 40,000.00 60,000.00 20,000.00 50.0%
TELEPHONE & INTERNET 46,000.00 38,000.00 (8,000.00) - 17.4%
BANK FEES 17,200.00 35,400.00 18,200.00 105.8%
POSTAGE 45,000.00 45,000.00 0.0%
CONFERENCES & TRAINING 55,000.00 75,000.00 20,000.00 36.4%
RECORDS STORAGE 36,000.00 40,000.00 4,000.00 11.1 %
PRODUCTION MALNTENANCE & SUPPLI ES 25,000.00 25,000.00 0.0%
TECHNOLOGY DrRECT EXPENSES 750,710.00 723,610.00 (27, 100.00) -3.6%
TOTAL OVERH EAD : 3,34 1,246.00 3,364,066.00 22,820.00 0.7%
TOTAL INDIRECT EXPENSES: 17,961 ,239.00 17,885,6 12.00 (75,627.00) -0.4%
38
For the Period from October I, 20 16 lo September 30, 20 17
FISCAL 2016 FISCAL 2017 SCHANGE I ' %C HANG E

ACCESS TO JUSTICE BUDGET BUDGET BUDGET IN BUDGET
REVENUE:
CONFERENCES & INSTITUTES 8,000.00 8,000.00
TOTAL REVENUE: 8,000.00 8,000.00
DIRECT EXPENSES:
ATJ BOARD RETREAT 2,000.00 2,000.00 0%

LEADERSHIP TRAINING 2,000.00 2,000.00 0%
ATJ BOARD EXPENSE 11 ,000.00 15,100.00 4,100.00 37%
ATJ BOARD COMMIITEES EXPENSE 6,000.00 5,000.00 (1 ,000.00) -17%
PUBLIC DEFENSE 8,400.00 8,400.00
CONFERENCE/INSTITUTE EXPENSE 23,000.00 23,000.00
RECEPTION/FORUM EXPENSE 1,500.00 5,000.00 3,500.00 233%
CONSULTING SERVICES 5,000.00 (5,000.00) -!00%
STAFF TRAVEL/PARKING 1,165.00 1,200.00 35.00 3%
STAFF MEMBERSHIP DUES 150.00 150.00 0%
TOT AL DI RECT EXPENSES: 28,8 15.00 6 1,850.00 33,035.00 115%.
I NDIRECT EXPENSES:
SALARY EXPENSE 129,853.00 105,884.00 (23,969.00) - 18%

BENEFIT EXPENSE 46,529.00 42.244.00 (4,285.00) -9%
OVERHEAD 43,949.00 49,785.00 5,836.00 13%
TOTAL INDIRECT EXPENSES: 220,331.00 197,9 13.00 (22,418.00) -10%.
TOTAL ALL EXP ENSES : 249,146.00 259,763.00 10,617.00 4%
NET INCOME (LOSS): (249, 146.00) (25 1,763.00) (2,6 17.00)
39
For the Period fro m October I, 20 l 6 to September 30, 20 I 7
FISC AL2016 FISCAL 2017 S CHANGE IN %CHANGE

ADMINISTRATION BUDGET BUDGET BUDG ET IN BUDGET
REVENUE:
INTEREST - INVESTMENTS 28,000.00 25.000.00 (3,000.00) -11%

GAIN/ LOSS ON INVESTMENTS 50,000.00 30,000.00 (20.000.00) -40%
TOTAL REVENUE: 78,000.00 55,000.00 (23,000.00) -29%
DIRECT EXPENSES:
CREDIT CARD M ERCHANT FEES 7,000.00 (7,000.00) -100%

STAFF TRAVEL/ PARKING 2,500.00 2,500.00 0%
STAFF MEMBERSHIP DUES 425.00 635.00 210.00 49%
TOTAL DIRECT EXPENSES: 9,925.00 3,135.00 (6,790.00) -68%
INDIRECT EXPENSES:
SALARY EXPENSE 609,726.00 632,169.00 22,443.00 4%

BENEFIT EXPENSE 206,09 1.00 206,690.00 599.00 0%
OVERHEAD 182,965.00 187,762.00 4,797.00 3%
TOTAL INDIRECT EXPENS ES : 998,782.00 1,026,621.00 27,839.00 3%
TOTAL ALL EXPENSES: 1,008,707.00 1,029,756.00 21,049.00 2%
NET I COME (LOSS): (930,707.00) (974,756.00) (44,049.00)
40
For the Period from October I, 20 16 to September 30, 20 17
F ISCAL 2016 F1SCAL2017 SCHANGE IN %CHANGE

ADMISSIONS BUDGET BUDGET BUDGET IN BUDGET
REVENUE:
EXAMSOFT REVENUE 42,000.00 40,000.00 (2,000.00) -5%

BAR EXAM FEES I, I 70,000.00 1,000,000.00 (170,000.00) -15%
SPECIAL ADMISSIONS 9,920.00 30,000.00 20,080.00 202%
TOTAL REVENUE: 1,22 1,920.00 1,o70,000.00 (151,920.00) -12%
DI RECT EXPENSES:
FACILITY, PARKING, FOOD 80,000.00 65,000.00 ( 15,000.00) -19%

EXAMINER FEES 32,500.00 32,500.00 0%
BOARD OF BAR EXAMINERS 25,000.00 30,000.00 5,000.00 20%
BAR EXAM PROCTORS 30,000.00 33,000.00 3,000.00 10%
CHARACTER & FITNESS BOARD EXP 18,000.00 20,000.00 2,000.00 11 %
DISABILITY ACCOMMODATIONS 18,000.00 25,000.00 7,000.00 39%
CHARACTER & FITNESS INVESTIGATIONS 1,000.00 1,000.00 0%
LAW SCHOOL VISITS 600.00 1,000.00 400.00 67%
UBE APPLICATIONS 140,000.00 136,000.00 (4,000.00) -3%
DEPRECIATION 10,000.00 (10,000.00) -1 00%
COURT REPORTERS 15,000.00 15,000.00 0%
POSTAGE 1,500.00 4,000.00 2,500.00 167%
SUPPLIES 1,200.00 1,200.00 0%
INDIRECT EXPENSES:
SALARY EXPENSE 458,058.00 465,903.00 7,845.00 2%

BENEFIT EXPENSE 166,060.00 164,864.00 ( l ,196.00) -1 %
OVERHEAD 160,065.00 153,623.00 (6,442.00) -4%
TOTAL INDIRECT EXPENSES: 784,183.00 784,390.00 207.00 OA1
TOTAL ALL EXPENSES: 1,169,683.00 1,161 ,290.00 (8,393.00) -1 %
NET INCOME (LOSS): 52,237.00 (91 ,290.00) (143,527.00)
41
For the Period from October I, 2016 to September 30, 20 17
F ISCAL 2016 F ISCAL 2017 SCHANGE IN %CHANGE

BOARD OF GOVERNORS BUDGET BUDGET BUDGET IN BUDGET
REVENUE:
TOTAL REVENUE:
DI RECT EXPENSES:
WASHINGTON LEADERSHIP INSTITUTE 60,000.00 60,000.00 0%

BOG MEETINGS 120,000.00 125,000.00 5,000.00 4%
BOG COMMITTEES' EXPENSES 30,000.00 30,000.00 0%
BOG CONFERENCE ATTENDANCE 16,500.00 17,500.00 1,000.00 6%
BOG TRAVEL & OUTREACH 50.000.00 45,000.00 (5,000.00) -10%
ED TRAVEL & OUTREACH 5,000.00 5,000.00 0%
BOG ELECTIONS 5,000.00 5,000.00 0%
STAFF TRAVEL/PARKING 4,000.00 4,000.00 0%
STAFF MEMBERSHIP DUES 1,680.00 1,850.00 170.00 10%
TELEPHONE 1,300.00 1,300.00 0%
T OTAL DIRECT EXPENSES: 293,480.00 294,650.00 1,170.00 0%
INDIRECT EXPENSES:
SALARY EXPENSE 3 15,529.00 336,23 1.00 20,702.00 7%

BENEFIT EXPENSE 9 1,324.00 93,632.00 2,308.00 3%
OVERHEAD 56,670.00 58,083.00 1,41 3.00 2%
T OTA L INDIRECT EXP ENSES: 463,523.00 487,946.00 24,423.00 5%
T OTAL A LL EXP ENSES: 757,003.00 782,596.00 25,593.00 3%
NET INCOM E (LOSS): (757,003.00) (782,596.00) (25,593.00)
42
For the Period !Tom October I, 20 16 to September 30, 2017
FISCAL20 16 FISCAL 20 17 $C HANGE IN %CHANGE

COMMUNICATIONS BUDGET BUDG ET BUDGET IN BUDG ET
REVENUE:
AWARDS DINNER 45,000.00 44,000.00 (1,000.00) -2%

SO YEAR MEMBER TRIBUTE LUNCH 250.00 250.00 0%
TOT AL R E VENUE: 45,250.00 44,250.00 {l ,000.00) -2%
DIRECT EXPENSES:
ABA DELEGATES 5,600 .00 5,600 .00 0%

AN NUAL CHAIR MEETINGS 600.00 600.00 0%
AWARDS DINNER 55,000.00 63,000.00 8,000.00 15%
SO YEAR MEMBER TRIBUTE LUNCH 5,800.00 8,000.00 2,200.00 38%
JUDICIAL RECOMMENDATIONS COMMITIEE 5,000.00 4,500.00 (500.00) -1 0%
COMMUNICATIONS OUTREACH 17,000.00 15,000.00 (2,000 .00) -1 2%
IMAGE LIBRARY 4,000.00 4 ,100.00 100.00 3%
BAR OUTREACH 1,000.00 2,500.00 1,500.00 150%
PROFESSIONALISM 1,000.00 750.00 (250.00) -25%
TRANSLATION SERVICES 2,500.00 3,500.00 1,000.00 40%
DEPRECIATION 2,71 2.00 2,300.00 (412.00) -15%
EQUIPMENT, HARDWARE & SOFTWARE 1,520.00 (1 ,520.00) -100%
STAFF TRAVEl)PARKING 4,500.00 4,000.00 (500.00) -11%
STAFF M EMBERSHIP DUES 1,950.00 1,960.00 10.00 1%
SUBSCRIPTIONS 7,250.00 10,050.00 2,800.00 39%
DIGITAL/ONLINE DEVELOPMENT 3,750.00 4,000.00 250.00 7%
CONFERENCE CALLS 200.00 200.00 0%
TOTAL DIRECT E XPE NS ES: 119,382.00 130,060.00 10,678.00 9%
INDI RECT EXPENSES:
SALARY EXPENSE 837,316.00 896,797.00 59,48 1.00 7%

BENEFIT EXPENSE 317,600.00 326,726.00 9,126.00 3%
OVERHEAD 327,301.00 347,075.00 19,774.00 6%
TOTAL INDIRECT EXPENS ES: 1,482,217.00 1,570,598.00 88,381.00 6%
TOTAL ALL EXPENSES: 1,601 ,599.00 1,700,658.00 99,0!!9.00 6%
NET INCOME (LOSS): (1 ,556,349.00) (1 ,656,408.00) ( I 00,059.00)
43
For the Period from October I. 2016 to September 30, 20 I 7
FISCAL2016 FISCAL 2017 $C HANGE IN %C HANGE

DISCIPLINE BUDGET BUDGET BUDGET IN BUDGET
REVENUE :
AUDIT REVENUE 2.000.00 2,000.00

RECOVERY OF DISCIPLINE COSTS 93,750.00 125,000.00 31 ,250.00 33%
DISCIPLINE HISTORY SUMMARY 13,000.00 13,000.00 0%
TOTAL REVENUE: 106,750.00 140,000.00 33,250.00 3 1%
DIRECT EXPENSES:
COURT REPORTERS 75,000.00 65,000.00 {I 0.000.00) -13%

OUTSIDE COUNSEL/ADC 5,000.00 3,500.00 {I ,500.00) -30%
LITIGATION EXPENSES 30,000.00 30,000.00 0%
DISABILITY EXPENSES 15,000.00 15,000.00 0%
ONLINE LEGAL RESEARCH 57,400.00 65,900.00 8,500.00 15%
LAW LIBRARY 15,500.00 13,075.00 (2.425.00) -16%
TRANSLATION SERVICES 4 ,000.00 3,000.00 (1,000.00) -25%
DEPRECIATION 26,500.00 25,200.00 (1,300.00) -5%
PUBLICATIONS PRODUCTION 250.00 250.00
STAFF MEMBERSHIP DUES 3,554.00 3,243.00 (311 .00) -9%
TELEPHONE 4,500.00 5,000.00 500.00 11 %
TOTAL DIRECT EXPENSES: 274,954.00 267,668.00 (7,286.00) -JuA,
INDIRECT EXPENS ES:
SALARY EXPENSE 3,316,555.00 3,370,608.00 54,053.00 2%

BENEFIT EXPENSE 1,078,462.00 1,068.970.00 (9,492.00) -1%
OVERHEAD 876, 195.00 895,425.00 19,230.00 2%
TOTAL INDIRECT EXPENSES: 5,27 1,2I2.00 5,335,003.00 63,791.00 l 'Yu
TOTAL ALL EXPENSES: 5,546,166.00 5,602,67 1.00 56,505.00 1%
NET INCOME (LOSS): (5,439,416.00) (5,462,67 1.00) (23,255.00)
44
For the Period from October l , 2016 to September 30, 2017
FISCAL 2016 FISCAL20 17 SCHANGE IN % CHANGE

DIVERSITY BUDG ET BUDGET BUDGET IN BUDGET
REVENUE:
DONATIONS 90,000.00 90,000.00 0%

WORK STUDY GRANTS 8,592.00 10,374.00 1,782.00 21%
TOTAL RE VENUE: 98,592.00 I00,374.00 1,782.00 2%
DI RECT EXPENSES :
COMMITTEE FOR DIVERSITY 5,000.00 6,200.00 1,200.00 24%

DIVERSITY EVENTS & PROJECTS 5.000.00 5,500.00 500.00 10%
INTERNAL DIVERSITY OUTREACH 500.00 500.00
SPECIAL EVENTS 5,000.00 5,000.00 0%
SPEAKERS & PROGRAM DEVELOP 1,000.00 1,000.00 0%
PRINTING & COPYING 2,000.00 2,000.00
STAFF TRAVEL/PARKING 4,500.00 8,600.00 4,100.00 9 1%
STAFF MEMBERSHIP DUES 200.00 350.00 150.00 75%
TOTAL DIRECT EXPENSES: 21,200.00 29,150.00 7,950.00 38%
INDI RECT EXPENSES:
SALARY EXPENSE 259,443.00 222,565.00 (36,878.00) -1 4%

BENEFIT EXPENSE 88,241.00 72, 143.00 ( 16,098.00) -1 8%
OVERHEAD 83,27 1.00 70,411.00 ( 12,860.00) -15%
TOTAL INDIRECT EXP ENSES: 430,955.00 365, 119.00 (65,836.00) -15%
TOTAL ALL EXPENSES: 452,155.00 394,269.00 (57,886.00) -13%
NET INCOME (LOSS): (353,563.00) (293,895.00) 59,668.00
45
For the Period from October 1, 2016 to September 30, 2Ql 7
FISCAL 2016 FISCAL 20 17 S C HANGE IN %CHANGE

FOUNDATION BUDGET BUDGET BUDGET IN BUDGET
REVENUE:
TOTAL REVENUE:
DIRECT EXPENSES:
SPECIAL EVENTS 6,000.00 5,000.00 (1,000.00) -1 7%

BOARD OF TRUSTEES 5,000.00 5,000.00 0%
GRAPHIC DESIGN 1,500.00 1,500.00 0%
CONSULTING SERVICES 3.000.00 3,000.00 0%
POSTAGE 1,000.00 500.00 (500.00) -50%
PRINTING & COPYING 1,500.00 1,500.00 0%
SUPPLIES 100.00 500.00 400.00 400%
TOTAL DIRECT EXP ENSES: 20,400.00 19,300.00 (1 ,100.00) -5 %
INDIRECT EXPENSES:
SALARY EXPENSE 88,378.00 88,294.00 (84.00) 0%

BENEFIT EXPENSE 31 ,258.00 30,72 1.00 (537.00) -2%
OVERHEAD 28,914.00 29,634.00 720.00 2%
T OTAL INDIRECT EXPENSES: 148,550.00 148,649.00 99.00 0%
TOTAL ALL EXPENSES: 168,950.00 167,949.00 (1,00 1.00) - 1;.,
NET INCOME (LOSS): ( 168,950.00) (167,949.00) 1,001.00
46
Fort he Period from October I, 20 16 to September 30, 20 I 7
F ISCAL 20 16 FISCAL 201 7 SC HANGE IN % CHANCE

HUMAN RESOURCES BUDG ET BUDGET BUDG ET IN BUDGET
REVENUE:
TOTAL REVENUE:
DIRECT EXPENSES:
STAFF TRAINING GENERAL 35,000.00 35,000.00 0%

RECRUITING AND ADVERTISING 7,000.00 7,000.00 0%
PAYROLL PROCESSING 55,000 .00 55,000.00 0%
SALARY SURVEYS 2,700.00 2,700.00 0%
THIRD PARTY SERVICES 13,500.00 13 ,500.00 0%
DEPRECIATION 5,0 16.00 835.00 (4,18 1.00) -83%
CONSULTING SERVICES 7,500.00 9,000.00 1,500.00 20%
STAFF TRAVEL/PARKING 250.00 250.00 0%
STAFF MEMBERSHIP DUES 720.00 1,378.00 658.00 9 1%
SUBSCRIPTIONS 1,650.00 1,993.00 343.00 21%
TRANSFER TO INDIRECT EXPENSE (128,336.00) ( 126,656.00) 1,680.00 -1%
TOTAL DIRECT EXPENSES:
INDIRECT EXPENSES:
SALARY EXPENSE 236,067.00 244,580.00 8,5 13.00 4%

ALLOWANCE FOR OPEN POSITIONS (120,000.00) ( 120,000.00) 0%
BENEFIT EXPENSE 73,728.00 74,445.00 7 17.00 1%
OVERHEAD 57,364.00 58,794.00 1,430.00 2%
TOTAL INDIRECT EXPENSES: 247,159.00 257,8 19.00 10,660.00 4%
T OTAL ALL EXPENSES: 247,159.00 257,819.00 10,660.00 4%
N ET INCOME (LOSS): (247,159.00) (257,8 19.00) (I 0,660.00)
47
Budget Comparison R eport
For the Period from October I , 2016 to September 30, 20 17
FISCAL 2016 FISCAL 2017 SC HANGE IN % CHANGE

LAW CLERK PROGRAM BUDG ET BUDG ET BUDGET IN BUDGET
REVEN UE:
LAW CLERK FEES 90,000.00 95,000.00 5,000.00 6%

LAW CLERK APPLICATION FEES 2,400.00 2,000.00 (400.00) -17%
TOTAL REVENU E : 92,400.00 97,000.00 4,600.00 5%
DIREC T EXPE NS ES:
CHARACTER & FITNESS INVESTIGATIONS 100.00 100.00 0%

LAW CLERK BOARD EXPENSE 7,200.00 5,000.00 (2,200.00) -31 %
SUBSCRIPTIONS 250.00 250.00 0%
TOTA L DIRECT E XPE NSES : 7,550.00 5,350.00 (2,200.00) -29%
INDIRECT EXPE NSES:
SALARY EXPENSE 37,968.00 59,025.00 21,057.00 55%

BENEFIT EXPENSE 14,817.00 20,961.00 6,144.00 41 %
OVERHEAD 15,729.00 21,099.00 5,370.00 34%
T OTAL INDIRECT EXPENSES: 68,514.00 101,085.00 32,571.00 48%
TOTAL ALL EXPENS ES: 76,064.00 106,435.00 30,371.00 40%.
NET INCOME (LOSS): 16,336.00 (9,435.00) (25,77 1.00)
48
LAW OFFICE MANAGEMENT F ISCAL 2016 FISCAL 20 17 S CHANGE IN % CHANGE

ASSISTANCE PROGRAM BUDG ET BUDG ET BUDG ET IN BUDGET
REVENUE:
DIVERSIONS 4,000.00 (4,000.00) -100%

LAW OFFICE IN A BOX SALES 2,500.00 2,500.00 0%
TOTAL R E VENUE: 6,500.00 2,500.00 (4,000.00) -62%
DIRECT EXPENSES:
LIBRARY MATERIALS/RESOURCES 1,500.00 1,500.00 0%

LAW OFFICE IN A BOX 500.00 500.00 0%
STAFF TRAVEL/ PARKING 5,000.00 2,000.00 (3,000.00) -60%
STAFF MEMBERSHIP DUES 995.00 600.00 (395.00) -40%
INDIRECT EXPENSES:
SALARY EXPENSE 198,636.00 122,445.00 (76,191.00) -38%

BENEFIT EXPENSE 75,081.00 40,196.00 (34,885.00) -46%
OVERHEAD 76,563.00 35,561.00 (41,002.00) -54%
TOTAL INDIRECT EXPENSES: 350,280.00 198,202.00 (I 52,078.00) -43%
NET INCOME (LOSS): (351 ,875.00) (200,402.00) 151,473.00
49
FISCAL 20 I6 FISCAL 20 I7 SCHANGE IN %CHANGE

LAWYERS ASSISTANCE PROGRAM BUDGET BUDGET BUDGET IN BUDGET
REVENUE:
DIVERSIONS 18,000.00 15,750.00 (2,250.00) -13%
TOTAL REVENUE: I8,000.00 15,750.00 (2,250.00) -1 3%
DIRECT EXPENSES:
MEMBER ASSISTANCE PROGRAM 45,120.00 45,120.00

PROF LIAS INSURANCE 850.00 850.00 0%
PUBLICATIONS PRODUCTION 200.00 200.00 0%
MISCELLANEOUS 150.00 150.00 0%
TOTAL DIRECT EXPENSES: 46,770.00 46,770.00 0%
INDIRECT EXPENSES:
SALARY EXPENSE 74,959.00 77,476.00 2,5 17.00 3%

BENEFIT EXPENSE 24,524.00 29,331.00 . 4,807.00 20%
OVERHEAD 20,124.00 20.625.00 50 1.00 2%
TOTAL INDIRECT EXPENSES: I 19,607.00 127,432.00 7,825.00 7%
TOTAL ALL EXP ENSES: 166,377.00 174,202.00 7,825.00 5%
NET INCOME (LOSS): ( 148,377.00) ( I 58,452.00) (10,075.00)
50
Forihe Period from October I. 2016 to September 30, 2017
FISCAL 2016 FISCAL 2017 SCHA NGE IN % CHANGE

LEGISLATIVE BUDGET BUDGET BUDGET IN BUDGET
R EVENUE:
TOT AL REVENUE:
DIRECT EXPENSES:
RENT OLYMPIA OFFICE 8,702.00 5,000.00 (3,702.00) -43%

CONTRACT LOBBYIST 28,000.00 20.000.00 (8,000.00) -29%
LOBBYIST CONTACT COSTS 1,600.00 1,600.00 0%
LEGISLATIVE COMMITIEE 5,000.00 2 ,500.00 (2,500.00) -50%
BOG LEGISLATIVE COMMITIEE 250.00 250.00 0%
STAFF TRAVEL/PARKING 3,500.00 8,000.00 4,500.00 129%
SUBSCRIPTIONS 2,000.00 2,000.00 0%
SUPPLIES 750.00 (750.00) -100%
TELEPHONE 3,000.00 3,000.00 0%
INDIREC T EXPENSES:
SALARY EXPENSE 144,186.00 131,303.00 (12,883.00) -9%

BENEFIT EXPENSE 48,987.00 45,303.00 (3,684.00) -8%
OVERHEAD 42,792.00 43,859.00 1,067.00 2%
TOTAL INDIRECT EXPENSES: 235,965.00 220,465.00 (I 5,500.00) -7%
TOTAL ALL EXP ENSES: 289,2 17.00 263,265.00 (25,952.00) -9%
NET INCOME (LOSS): (289,2 17.00) (263,265.00) 25,952.00
51
For the Period from October I, 20 16 to September 30, 20 I 7
FISCAL20 16 FISCAL 2017 SCHA 'CE IN % CHANCE

LICENSING BUDGET BUDGET BUDGET IN BUDGET
REVENUE:
LICENSE FEES 12.545,000.00 13,204,000.00 659,000.00 5%
TOTAL REVENUE: 12,545,000.00 13,204,000.00 659,000.00 so;.,
DIRECT EXPENSES:
TOTAL DIRECT EXPENSES:
I NDI RECT EXPENSES:
TOTAL INDIRECT EXPENSES:
TOTAL ALL EXPENSES:
NET INCOME (LOSS): 12,545,000.00 13,204,000.00 659,000.00
52
For the Period fro m October I, 20 16 to September 30, 20 17
LICENSING AND MEMBERSIIlP F ISCAL 2016 FISCAL 201 7 SCHANGE IN % C HA NGE

RECORDS BUDGET BUDG ET BUDGET IN BUDGET
REVE NUE :
STATUS CERTIFICATE FEES 21,000.00 22,000.00 1,000.00 5%

RULE 9/LEGAL INTERN FEES 15,000.00 11 ,000.00 (4,000.00) -27%
INVESTIGATION FEES 21,000.00 20,000.00 (1,000.00) -5%
PRO HAC VICE 190,000.00 170,000.00 (20,000.00) -11 %
MEMBER CONTACT INFORMATION 28,000.00 24,000.00 (4,000.00) -14%
PHOTO BAR CARD SALES 500.00 800.00 300.00 60%
TOTAL RE VENUE: 275,500.00 247,800.00 (27,700.00) - 10%
DIREC T EXPENSES:
LICENSING FORMS 2,000.00 2,500.00 500.00 25%

POSTAGE 21,000.00 25,000.00 4,000.00 19%
TOTAL DIRECT E XPENSES : 23,000.00 27,500.00 4,500.00 20%
INDIRECT EXPE NS ES:
SALARY EXPENSE 3 15.537.00 346,073.00 30,536.00 10%

BENEFIT EXPENSE 105,800.00 112,1 90.00 6,390.00 6%
OVERHEAD 9 6,224.00 101 ,704.00 5,480.00 6%
TOTAL INDIRECT EXP ENSES: 517,561.00 559,967.00 42,406.00 8%
T OTAL ALL EXPENSES : 540,561.00 587,467.00 46,906.00 90;;.
NET INCOME (LOSS): (265,061.00) (339,667.00) (74,606.00)
53
Forthe Period from October I, 2016 to September 30 , 20 17
LIMITED LICENSE LEGAL FISCAL 20 16 FISCAL20I7 SCHANGE IN %C HANGE

TECHNICIAN BUDG ET BUDGET BUDGET IN BUDGET
REVENUE:
LLLT LICENSE FEES 2,625.00 5,950.00 3,325.00 127%

Lll T EXAM FEES 8,100.00 7,150.00 (950.00) -I2%
LLLT WAIVER FEES 600.00 300.00 (300.00) -50%
TOTAL REVENUE: I I,325.00 13,400.00 2,075.00 I8%
DIREC T EXPENSES:
CHARACTER & FITNESS INVESTIGATIONS 100.00 700.00 600.00 600%

LLLT BOARD 17,000.00 18,000.00 1,000.00 6%
LLLT OUTREACH 7,000.00 8,000.00 1,000.00
LLLT EXAM WRITING 25,000.00 29,600.00 4,600.00
DEPRECIATION 3,354 .00 3,354.00
STAFF TRAVEL/PARKING 400.00 400.00
TOT A L D IRECT EXP ENSES: 49,IOO.OO 60,054.00 10,954.00 22%
INDIRECT EXPENSES:
SALARY EXPENSE 110,230.00 106,271.00 (3,959.00) -4%

BENEFIT EXPENSE 36,895.00 35,786.00 ( 1,109.00) -3%
OVERH EAD 31 ,458.00 32,953.00 1,495.00 5%
TOT AL INDIRECT EXPENS ES: 178,583.00 175,010.00 (3,573.00) -2%
TOTAL ALL EXPENSES: 227,683.00 235,064.00 7,381.00 3%
NET INCOME (LOSS): (2 16,358.00) (221 ,664.00) (5,306.00)
54
For the Period from October I , 20 16 to September 30, 20 17
FISCAL2016 FISCAL 201 7 SCHANGE IN % CHANCE

LIMITED PRACTICE OFFICERS BUDGET BUDGET BUDGET IN BUDGET
REVENUE:
LPO EXAMINATION FEES 15,000.00 17,000.00 2,000.00 13%

LPO LICENSE FEES 108,000.00 108,000.00 0%
LPO LATE LICENSE FEES 1,000.00 1,000.00 0%
LPO CEU & TA LATE FEES 4,000.00 4,000.00 0%
LPO CONTINUING ED ACCRED FEE 2,700.00 2,700.00 0%
TOTAL REVENUE: 130,700.00 132,700.00 2,000.00 2%1
DIR ECT EXPENSES :
CHARACTER & FITNESS INVESTIGATIONS 100.00 100.00 0%

LPO EXAM FACILITIES 700.00 800.00 100.00 14%
LPO BOARD 2,300.00 3,000.00 700.00 30%
LPO DISCIPLINE EXPENSES 200.00 500.00 300.00 150%
FINGERPRINT CARD PROCESSING 1,500.00 3,230.00 1,730.00 115%
DEPRECIATION 3,354.00 3,354.00
POSTAGE 2,300.00 2,300.00 0%
INDIRECT EXPENSES:
SALARY EXPENSE 107,877.00 115,843.00 7,966.00 7%

BENEFIT EXPENSE 37,839.00 38,510.00 671.00 2%
OVERHEAD 34,696.00 34,850.00 154.00 0%
TOTAL INDIRECT EXPENSES: 180,412.00 189,203.00 8,791.00 5/o
NET INCOME (LOSS): (56,812.00) (69,787.00) (12,975.00)
55
MANDATORY CONTINUING LEGAL FISCAL 2016 FISCAL 20 17 SCHANG E IN %CHANGE

EDUCATION BUDGET BUDGET BUDGET I BUDG ET
REVE NUE:
ACCREDITED PROGRAM FEES 300,000.00 300,000.00 0%

FORMl LATE FEE 60,000.00 75,000.00 15,000.00 25%
MEMBER LATE FEES 160,000.00 150,000.00 (I 0 ,000.00) -6%
ANNUAL ACCREDITED SPONSOR FEES 23,000.00 27,000.00 4 ,000.00 17%
ATIENDANCE FEES 70,000.00 70,000.00 0%
ATIENDANCE LATE FEES 60,000.00 60,000.00 0%
COMITY CERTIFICATES 26,000.00 29,000.00 3,000.00 12%
TOTAL RE VENUE: 699,000.00 711 ,000.00 12,000.00 2%
DIREC T EXPENSES:
MCLE BOARD EXPENSES 2,000.00 3,000.00 1,000.00 50%

DEPRECIATIO N 108, 120.00 261 ,000.00 152,880.00 14 1%
POSTAGE 2,000.00 2,000.00 0%
STAFF MEMBERSHIP DUES 700.00 500.00 (200.00) -29%
TOTAL DIRECT E XPENSES: 112,820.00 266,500.00 153,680.00 136%
I NDIRECT EXPENSES:
SALARY EXPENSE 332,303 .00 257,805.00 (74,498.00) -22%

BENEFIT EXPENSE 11 8,506.00 99,187.00 (19,319.00) -1 6%
OVERHEAD 123,287.00 111 ,898.00 (11 ,389.00) -9%
TOTAL IN DIRECT EXPE NSES: 574,096.00 468,890.00 (I 05,206.00) -1 8%
TOTAL ALL EXPENSES: 686,916.00 735,390.00 48,474.00 7!.1
NET INCOME (LOSS): 12,084.00 (24,390.00) (36,474.00)
56
For the Period from October I. 2016 to September 30, 2017
FISCAL 20 16 FISCAL 2017 SCHANGE IN %CHANGE

MEMBERSHIP BENEFITS BUDGET BUDGET BUDGET IN BUDGET
REVENUE:
ROYALTIES 3,000.00 3,000.00 0%
TOTAL REVENUE : 3,000.00 3,000.00 0%
DIRECT EXPENSES:
CASEMAKER 73,000.00 75,000.00 2,000.00 3%
TOTAL DIRECT EXPENSES : 73,000.00 75,000.00 2,000.00 3%
INDIRECT EXPENSES:
NET INCOME (LOSS): (70,000.00) (72,000.00) (2,000.00)
57
Forthe Period from October I , 2016 to September 30, 20 17
FISCAL 2016 FISCAL 2017 SCHANGE IN %CHANGE

MENTORSIDP PROGRAM BUDGET BUDGET BUDGET IN BUDGET
REVENUE:
TOTAL REVENUE:
DIRECT EXPENSES:
MENTORSHIP PROGRAM EXPENSE 18,258.00 15.000.00 (3,258.00) -1 8%

RECEPTION/FORUM EXPENSE 1,000.00 4,800.00 3,800.00 380%
CONSULTING SERVICES 1,000.00 1,000.00 0%
SUBSCRIPTIONS 500.00 500.00 0%
CONFERENCE CALLS 800.00 200.00 (600.00) -75%
TOT AL DIRECT EXPENSES: 23,558.00 23,500.00 (58.00) 0%
INDIRECT EXPENSES:
SALARY EXPENSE 96,257.00 108,515.00 12,258.00 13%

BENEFIT EXPENSE 34,369.00 36,268.00 1,899.00 6%
OVERHEAD 32.383.00 33,190.00 807.00 2%
TOTAL INDrRECT EXPENSES: 163,009.00 I 77,973.00 14,964.00 9%
TOTAL ALL EXPE SES: 186,567.00 20 1,473.00 14,906.00 8%
NET INCOME (LOSS): ( 186,567.00) (20 1,4 73.00) (14,906.00)
58
Forthe Period from October I , 2016 to Septcmber30, 20 17
FISCAL 201 6 F ISCAL 201 7 SCHANGE I % C IlANGE

NEW LAWYER PROGRAMS BUDG ET BUDGET BUDGET IN BUDGET
REVENU E:
SEMINAR REGISTRATIONS 100,000.00 55,000.00 (45,000.00) -45%

TRIAL ADVOCACY PROGRAM 25,000.00 25.000.00 0%
TOTAL REVENUE: 125,000.00 80,000.00 (45,000.00) -36%
DIRECT E XPE NSES:
WYLC OUTREACH EVENTS 5,000.00 1,000.00 (4,000.00) -80%

NLE ONLINE EXPENSES 2.940.00 2,500.00 (440.00) -15%
NLE SEMINAR BROCHURES 3,000.00 2,000.00 (1 ,000.00) -33%
NLE SPEAKERS & PROGRAM DEVELOPMENT 2,000.00 2,000.00 0%
NEW LAWYERS COMMITIEE 15,000.00 15,000.00 0%
OPEN SECTIONS NIGHT 3,500.00 3,500.00
TRIAL ADVOCACY PROGR AM 3,500.00 3,500.00 0%
WYLC SCHOLARSHIPS/DONATIONS/GRANT 2,000.00 2.000.00 0%
STAFF TRAVEL/ PARKING 1,600.00 1,000.00 (600.00) -38%
TOT AL DIRECT E XPE NSES: 35,240.00 32,700.00 (2,540.00) -7%
INDI RECT EXPENSES :
SALARY EXPENSE 182,079.00 165,467.00 (16,612.00) -9%

BENEFIT EXPENSE 58,086.00 56,383.00 ( 1,703.00) -3%
OVERHEAD 55,5 14.00 53,341.00 (2,173.00) -4%
TOTAL INDIRECT EXPENSES: 295,679.00 275,1 91.00 (20,488.00) -7%
NET INCOME (LOSS): (205,919.00) (227,89 1.00) (21,972.00)
59
Fort he Period from October I, 2016 lo September 30, 20 I 7
FISCAL2016 FISCAL 20I7 SC HANGE IN %CHANGE

NW LAWYER BUDG ET BUDG ET BUDGET IN BUDGET
REVENUE:
DISPLAY ADVERTISING 440,000.00 440.000.00 0%

SUBSCRIPT/SINGLE ISSUES 450.00 450.00 0%
CLASSIFIED ADVERTISING 84,000.00 89,000.00 5,000.00 6%
GEN ANNOUNCEMENTS 19,000.00 17,000.00 (2,000.00) -11%
PROF ANNOUNCEMENTS 24,000.00 27,000.00 3,000.00 13%
TOTAL REVENUE: 567,450.00 573,450.00 6,000.00 I%
DIRECT EXPENSES:
GRAPHICS/ARTWORK 2,500.00 3,500.00 1,000.00 40%

OUTSIDE SALES EXPENSE 80,000.00 80,000.00 0%
EDITORIAL ADVIS COM M ITIEE EXP 800.00 800.00 0%
BAD DEBT EXPENSE 1,000.00 1,000.00 0%
POSTAGE 70,000.00 89,IOO.OO 19,IOO.OO 27%
PRINTING & COPYING 220,000.00 220,000.00 0%
SURVEY 9,000.00 (9,000.00) -100%
DIGITAL/ ONLINE DEVELOPMENT 8,400.00 8,400.00 0%
TOTAL DIRECT EXPENSES: 39I,700.00 402,800.00 I I,I00.00 3%
INDIRECT EXPENSES:
SALARY EXPENSE 137,091.00 131,759.00 (5,332.00) -4%

BENEFIT EXPENSE 47,052.00 48,872.00 1,820.00 4%
OVERHEAD 41,635.00 40.777.00 (858.00) -2%
TOTAL INDIRECT EXPENSES: 225,778.00 221,408.00 (4,370.00) -2Yu
TOTAL ALL EXPE NSES: 6 17,478.00 624,208.00 6,730.00 I%
NET INCOME (LOSS): (50,028.00) (50,758.00) (730.00)
60
For the Period from October I, 2016 to September 30, 2017
F ISCAL 20 16 F ISCAL 20 17 S C HANGE IN % CHANGE

OFFICE OF GENERAL COUNSEL BUDGET BUDGET BUDGET IN BUDGET
REVENUE:
TOT AL REVENUE:
DIRECT EXPENSES:
AMICUS BRIEF COMMITIEE 100.00 100.00 0%

COURT RU LES COMMITIEE 5,000.00 5,000.00 0%
DISCIPLINE ADVISORY ROUN DTABLE 1,500.00 1,500.00 0%
CUSTODIANSHIP 10,000.00 5,000.00 (5,000.00) -50%
STAFF MEMBERSHIP DUES 1,500.00 1,500.00 0%
T OTAL DI RECT EXPENSES: 20,700.00 15,700.00 (5,000.00) -24%
INDI RECT EXPENSES:
SALARY EXPENSE 416,440.00 484,565.00 68, 125.00 16%

BENEFIT EXPENSE 135,800.00 157,573.00 21,773.00 16%
OVERHEAD 113,572.00 135,132.00 21,560.00 19%
TOTAL INDIRECT EXPENSES: 665,8 12.00 777,270.00 111 ,458.00 17%
TOTAL ALL EXPENSES: 686,5 12.00 792,970.00 106,458.00 16%
NET INCOME (LOSS): (686,512.00) (792,970.00) (106,458.00)
61
\Vashington State Bar Association
OFFICE OF GENERAL COUNSEL FISCAL 2016 FISCAL 2017 $C HANGE IN %CHANGE

DISCIPLINARY BOARD BUDGET BUDGET BUDGET IN BUDGET
REVENUE:
TOTAL REVENUE:
DIRECT EXPENSES:
DISCIPLINARY BOARD EXPENSES 10,000.00 7,500.00 (2.500.00) -25%

CHIEF HEARING OFFICER 33,000.00 33 .000.00 0%
HEARING OFFICER EXPENSES 5,000.00 5,000.00 0%
HEARING OFFICER TRAINING 2,500.00 2,000.00 (500.00) -20%
OUTSIDE COUNSEL 60,000.00 55,000.00 (5,000.00) -8%
TOTAL DIRECT EXPENSES : 111,000.00 103,000.00 (8,000.00) _7u;.,
I NDIRECT EXPENSES:
SALARY EXPENSE 113,766.00 92,11 8.00 (2 1,648.00) - 19%

BENEFIT EXPENSE 39,230.00 31 ,8 10.00 (7,420.00) - 19%
OVERHEAD 34,928.00 30,8 19.00 (4,109.00) -1 2%
TOTAL INDlRECT EXPENSES: 187,924.00 154,747.00 (33, 177.00) -18%.
NET INCOME (LOSS): (298,924.00) (257,747.00) 41,177.00
62
FISCAL 2016 FISCAL 2017 $CHANGE IN % CHANGE

PRACTICE LAW BOARD BUDGET BUDGET BUDGET IN BUDGET
REVENUE:
TOTAL REVENUE:
DI RECT EXPENSES:
TRANSLATION SERVICES 500.00 100.00 (400.00) -80%

PRACTICE OF LAW BOARD 3,500.00 14,000.00 10,500.00 300%
STAFF TRAVEL/PARKING 100.00 (100.00) -100%
I NDI RECT EXPENSES:
SALARY EXPENSE 47,120.00 6 1,398.00 14,278.00 30%

BENEFIT EXPENSE 16,322.00 20,670.00 4,348.00 27%
OVERHEAD 14,572.00 19,203.00 4,63 1.00 32%
TOTAL INDIRECT EXPENSES: 78,0 14.00 101 ,27 1.00 23,257.00 30%
TOTAL ALL EXPENSES: 82, 114.00 115,371.00 33,257.00 41 %
NET INCOME (LOSS): (82, 114.00) (115,371.00) (33,257.00)
63
For 1he Period from Ociober I, 2016 to September 30, 20 17
PROFESSIONAL RESPONSIBILITY FISCAL 2016 FISCAL 2017 SCHANGE IN %CHANCE

PROGRAM BUDGET BUDGET BUDGET IN BUDGET
REVE NUE:
TOTAL REVENUE:
DIRECT EXPENSES:
RPC COMMITIEE 5,000.00 6,000.00 1,000.00 20%

T OT AL DI RECT EXPENSES : 6,500.00 8,000.00 1,500.00 23%
INDIRECT EXPENSES:
SALARY EXPENSE 105,332.00 165,405.00 60,073.00 57%

BENEFIT EXPENSE 35,281.00 58,372.00 23,091.00 65%
OVERHEAD 30,070.00 49,074.00 19,004.00 63%
TOTAL INDIRECT EXPENSES: 170,683.00 272,85 1.00 102, 168.00 60%
TOTAL ALL EXPENSES : 177, 183.00 280,851.00 103,668.00 59%
NET I NCOME (LOSS): (177, 183.00) (280,85 1.00) (I 03,668.00)
64
For the Period frorn October I , 2016 to September 30, 20 17
F ISCAL2016 FISCAL 2017 SCHA NGE IN %C HANGE

PUBLIC SERVICE PROGRAMS BUDGET BUDGET BUDG ET IN BUDGET
REVENUE :
DONATIONS 85,000.00 85,000.00 0%
TOTAL REVENUE: 85,000.00 85,000.00 0%
DIRECT EXPENSES:
PRO BONO & LEGAL AID COMMITIEE 2,000.00 2,000.00 0%

VOLUNTEER APPRECIATION 6,500.00 500.00 (6,000.00) -92%
DAY OF SERVICE 3,150.00 3,150.00
PUBLIC DEFENSE 4,500.00 (4,500.00) -100%
SPEAKERS & PROGRAM DEVELOPMENT 1,000.00 1,500.00 500.00 50%
DONATIONS/SPONSORSHIPS 203.684.00 203,915.00 231.00 0%
VOLUNTEER RECRUITMENT & OUTREACH 2, 100.00 2,100.00
TOTAL DIRECT E XPE NSES: 219,979.00 215,460.00 (4,519.00) -2%
INDIRECT EXPENSES:
SALARY EXPENSE 162,849.00 132,099.00 (30,750.00) -1 9%

BENEFIT EXPENSE 58,419.00 44,139.00 (14,280.00) -24%
OVERHEAD 55.514.00 40,302.00 ( 15,212.00) -27%
TOTAL INDIRECT EXPENSES: 276,782.00 216,540.00 (60,242.00) -22/..
NET INCOM E (LOSS): (411,761.00) (34 7,000.00) 64,76 1.00
65
FISCAL2016 FISCAL 201 7 SCHA NGE IN % C HANGE

SECTIONS ADMINISTRATION BUDG ET BUDGET BUDGET IN BUDGET
REVENU E :
REIMBURSEMENTS FROM SECTIONS 3 11 ,250.00 307,000.00 (4,250.00) -1%
TOTAL REVENUE: 311 ,250.00 307,000.00 (4,250.00) -1 %
DIRECT EXPENSES:
SECTION/COMMITIEE CHAIR MTGS 1,000.00 1,000.00 0%

DUES STATEMENTS 8,500.00 9,500.00 1,000.00 12%
TOTAL D IR ECT EXPENSE S: 11 ,100.00 12,100.00 1,000.00 9%
INDIREC T EXPE NS ES:
SALARY EXPENSE 227,217.00 259,395.00 32, 178.00 14%

BENEFIT EXPENSE 87,9 10.00 93, 12 1.00 5,211.00 6%.
OVERHEAD 92,061.00 95,540.00 3,479.00 4%
TOTAL INDIRECT EXPENSES: 407,188.00 448,056.00 40,868.00 10%
TOTAL A LL EXPENSES: 4 18,288.00 460,156.00 41 ,868.00 10%
NET INCOME (LOSS): ( I 07,038.00) (I 53, 156.00) (46, 118.00)
66
Forihe Period from October I, 2016 to September 30, 20 17
FISCAL 201 6 FISCAL 20 17 SC HANGE IN %CHANGE

TECHNOLOGY BUDGET BUDGET BUDG ET IN BUDG ET
R E VE NUE :
TOT AL RE VENUE :
D IREC T EXPENSES :
COMPUTER HARDWARE 34,000.00 29,000.00 (5,000.00) - 15%

COMPUTER SOFTWARE 20,000.00 28,000.00 8,000.00 40%
HARDWARE SERVICE & WARRANTIES 75,000.00 41,000.00 (34,000.00) -45%
SOFTWARE MAINTENANCE & LICENSING 29 1,000.00 286,500.00 (4,500.00) -2%
TELEPHON E HARDWARE & MAINTENANCE 41,000.00 26,000.00 ( 15,000.00) -37%
COMPUTER SUPPLIES 30,000.00 34,000.00 4,000.00 13%
THIRD PARTY SERVICES 31,000.00 40,500.00 9,500.00 31%
CONSULTING SERVICES 204,100.00 212,000.00 7,900.00 4%
STAFF MEMBERSHIP DUES 11 0.00 110.00 0%
TELEPHONE 22,000.00 24,000.00 2,000.00 9%
TRANSFER TO INDIRECT EXPENSES (750,71 0.00) (723,6 10.00) 27,100.00 -4%
T OTAL DI REC T E XPENSES:
I NDIRECT EXPENSES :
SALARY EXPENSE 978,078.00 1,002,250.00 24,172.00 2%

CAPITAL LABOR (33 ,900.00) ( 140,700.00) (106,800.00) 315%
BENEFIT EXPENSE 327,936.00 327,511.00 (425.00) 0%
OVERHEAD 279,883.00 286,858.00 6,975.00 2%
TOTA L INDIRECT EXP E SES: I ,SS 1,997.00 1,475,9 19.00 (76,078.00) -5%
TOTA L ALL EXPENSES: 1,55 1,997.00 1,475,9 19.00 (76,078.00) -5%
NET INCOME (LOSS): (I .SS 1,997.00) (1,475,9 19.00) 76,078.00
67
B
68
2017 WSBA BUDGET WORKSHEET
CAPITA L BUDGET
USEFUL ESTIMATED ANNUAL
COST UNIT LIFE IN SERVICE DEPRECIATION BUDGET
CENTER COST QTY AMOUNT (YRS ) DATE EXPENSE FY 2017
Ca pital Software (G ene ral Indirects)
Paperless Accounts Payable System 60,000 1 60,000 3 Mar-17 20,000 11 ,667
Website Redesign 270,000 1 270,000 5 Jan-17 54,000 40,500
Personify Upgrade 70,000 1 70,000 3 Jun-17 23,333 7,778
Contract Management Software 20,000 1 20,000 3 Oct-1 6 6,667 6,667
420,000 420,000 104,000 66,611
Capital Labor
Personify Upgrade WSBA Development 49,200 1 49,200 3 Jun-17 16,400 5,467
TAMI Enhancements MCLE 25,000 1 25,000 3 Jan-1 7 8,333 6,250
Online licensing renewal for LLLT and LPO LLLT/LPO 34,500 1 34,500 3 Mar-17 11 ,500 6,708
GILDA Enhancements DISC 32,000 1 32,000 3 Feb-17 10,667 7, 111
140,700 140,700 46,900 25,536
Total 445,000 150,900 92,147
Capital Hardware (General Indirects):

Upgrade to servers and networking equ ipment (VMware) 60,000 1 60,000 5 Oct-16 12,000 12,000
Total 60,000 12,000 12,000
Equip ment (General Indirects)

Meter Mailing Machine 15,900 1 15,900 5 Oct-16 3,180 3,180
Folder and Inserter Machine 22,900 1 22,900 5 Oct-16 4,580 4,580
38,800 38,800 7,760 7,760
Furniture & Leas ehold Improvements (G ene ral Indirects)

Leasehold Improvements for Conference Center Webcast Room 40,000 1 40,000 11 Oct-16 3,636 3,636
Total 78,800 11,396 11 ,396

GRAND TOTAL 583,800 174,296 115,544
69
\
70
2017 WSBA Budget Works heet
Summary of Section Budgets
Total Net Profit (Loss) Net Fund Balance

Fund Balance Budget Direct Total Budgeted FY16 &
at 10-1-15 FY 2016 Income I Expenses Expenses Net FY17 Combin ed
1 Administrative Law 58,297.91 124,220 8,775 33,225 4,219 37,444 (28,669 5,409
2 Alternative Dispute Resolution 34,888.37 (16,740 22,010 16,820 7,500 24,320 (2,310 15,838
3 Animal Law 18,184.96 (1,770 5,530 5,600 1,875 7,475 (1,945) 14,470
4 Antitrust, Consumer Protection, Unfair Business Practice 49,916.55 (2,683 7,040 6,650 3,788 10,438 (3,398) 43,837
5 Business Law 78,558.46 144,953 46,010 40,050 25,200 65,250 119,240 14,366
6 Civil RiQhts Law 12,049.39 (2,540 3,970 4,035 2,475 6,510 (2,540' 6,969
7 Construction Law 35,919.95 12.230 19,300 15,380 9,750 25,130 (5,830 27,860
8 Corporate Counsel 50,372.56 (4,875) 48,000 37,000 18,750 55,750 (7,750) 37,748
9 Creditor Debtor RiQhts 41 ,935.38 (10,500) 27,600 26,550 10,500 37,050 (9,450 21 ,985
10 Criminal Law 63,270.27 11,0691 19,750 14,950 8,813 23,763 14,013 58, 189
11 Elder Law 63,209.27 (15,578) 46,285 38,200 12.469 50,669 (4,384 43,248
12 Environmental and Land Use Law 30,907.43 (3,788) 30,600 19,025 15,563 34,588 (3,988 23,132
13 Family Law 70,817.93 118,943 52,850 55,855 23,438 79,293 126,443 25,433
14 Health Law 67,226.83 (7,246 9,210 12,125 7,031 19,156 (9,946) 50,034
15 Indian Law 44,866.84 (5,575) 12,050 6,600 6,000 12,600 (550 38,742
16 Intellectual Property 88,482.87 (14,4401 42,775 38,579 17,625 56,204 113,429 60,614
17 International Practice 13,696.76 725 15,900 11,000 5,344 16,344 (444 13,978
18 Juvenile Law 10,571.46 (10,2031 5,260 6,450 3,281 9,731 14,471 (4, 1021 .
19 Labor & Emplovment Law 76,694.51 3,498 50,600 43,200 19,688 62,888 ( 12,288 67,905
20 Legal Assistance to Military Personnel 12,207.19 (1,365 4,360 3,050 2,063 5,113 (753 10,090
21 LGBT Law 7,336.07 ( 1,47 11 4,720 4,000 2,006 6,006 11,286 4,579
22 Litigation 56,036.90 (8,006) 39,200 26,350 21,938 48,288 (9,088 38,943
23 Low Bono 2,462.30 2,871 4,715 3,075 2, 194 5,269 (554 4,780
24 Real Property, Probate and Trust 120,154.08 (3,013) 85,200 64,400 41,250 105,650 (20,450 96,692
25 Senior Lawvers 9,907.21 (8861 7,876 5,500 5,625 11, 125 13,249) 5,772
26 Solo & Small Practice 44,072.87 (3,463 39,600 26,575 18,750 45,325 (5,725) 34,885
27 Taxation 52,815.72 (610 26,000 24,045 11 ,813 35,858 (9,858) 42,349
28 World Peace ThrouQh Law 14,844.83 13,1341 3,425 5,725 1,875 7,600 14,1751 7,536
Total I 1,229,105 II c20 2.203J I 688,611 I s94,014 I 310,819 I 904,833 I c216,222il 811 .28011
Note: Although the combined budget for FY16 & FY17 show a negative fund balance, actual revenue and expenses for FY16 will result in a lower net loss than originally budgeted in FY16.
71
FISCAL 2016 FISCAL 20 17 $CHANGE IN %CHANGE

ADMINISTRATIVE LAW BUDGET BUDGET BUDGET IN BUDGET
REVENUE:
INTEREST - INVESTMENTS 150.00 150.00 0%

SECTION DUES REVENUE 5,825.00 5,625.00 (200.00) -3%
PVBLICATIONS REVENUE 6,500.00 5,000.00 (1 ,500.00) -23%
MINI-CLE REVENUE 500.00 1.500.00 1,000.00 200%
SEMINAR SPLITS WI CLE (3,500.00) (3,500.00) 0%
TOTAL REVENUE: 9,475.00 8,775.00 (700.00) -7%
DIRECT EXPENSES:
CONFERENCE CALLS 250.00 350.00 100.00 40%

PER MEMBER CHARGE 4,370.00 4,218.75 (151.25) -3%
AWARDS 400.00 400.00 0%
NEWSLETTER EXPENSES 1,200.00 1,000.00 (200.00) -17%
RECEPTION EXPENSE 2,000.00 2,000.00 0%
MINJ-CLE EXPENSE 4,000.00 3,000.00 (1,000.00) -25%
MEMBERSHIP & RECRUITING EXP 1,000.00 1,000.00
NEW LA WYER OUTREACH 1,000.00 (1,000.00) -100%
SCHOLARSHLPS/DONATIONS/GRANT 8,200.00 13,200.00 5,000.00 61%
ATTENDANCE AT BOG MEETINGS 125.00 125.00 0%
EXECUTIVE COMMlTTEE EXPENSES 1,400.00 1,400.00 0%
LDSHLP/ PROF DEVELOP/RETREATS 9,750.00 9,750.00 0%
ANNUAL OR OTHER MEETING EXPENSE 1,000.00 1,000.00 0%
T OTAL DIRECT EXPENSES: 33,695.00 37,443.75 3,748.75 11%
NET INCOME (LOSS): (24,220.00) (28,668. 75) (4,448.75)
72
For the Period from October I, 2016 10 September 30, 2017
ALTERNATIVE DISPUTE FISCAL 2016 FISCAL 2017 $CHANGE IN %C HANGE

RESOLUTION BU DGET BUDGET BUDGET IN BUDGET
REVENUE:

SECTION DUES REVENUE 14,000.00 14.000.00 0%
CONFERENCES & INSTITUTES 8,000.00 8,000.00 0%
SEMINAR SPLITS WI CLE 1,000.00 (1 ,000.00) -100%
SEMINAR SPLITS W/ OTHERS 6,000.00 (6,000.00) -1 00%
TOT AL RE VENUE: 29,010.00 22,010.00 (7,000.00) -24/.,
DIRECT EXPENSES:
CONFERENCE CALLS 750.00 500.00 (250.00) -33%

PER MEMBER CHARGE 7,500.00 7,500.00 0%
SECTION SPECIAL PROJECTS 1,500.00 2,000.00 500.00 33%
MINI-CLE EXPENSE 3,500.00 2,020.00 (1 ,480.00) -42%
SEMINAR EXPENSE - SECTIONS 6,000.00 (6,000.00) -1 00%
MEMBERS~UP & RECRUITING EXP 10,000.00 1,250.00 (8,750.00) -88%
ATTENDANCE AT BOG MEETINGS 500.00 250.00 (250.00) -50%
EXECUTIVE COMMJTTEE EXPENSES 2,000.00 1,800.00 (200.00) -1 0%
LDSHJP/PROF DEVELOP/RETREATS 9,000.00 4,500.00 (4,500.00) -50%
SECTION COMMITTEE EXPENSE 4,000.00 4,000.00 0%
ANNUAL OR OTHER MEETLNG EXPENSE 1,000.00 500.00 (500.00) -50%
TOT AL DIRECT EXPENSES : 45,750.00 24,320.00 (21,430.00) -47%
NET INC OM E (LOSS): (16,740.00) (2,3 10.00) 14,430.00
73
FISCAL 2016 FISCAL 2017 SC HANGE IN %C HANGE

ANIMAL LAW BUDGET BUDGET BUDGET IN BUDGET
REVENUE:

SECTION DUES REVENUE 2,500.00 2,500.00 0%
SEMINAR SPLITS WI CLE 3,000.00 3.000.00 0%
TOTAL REVENUE: 5,530.00 5,530.00 0%
DIRECT EXPENSES:

ELECTIONS 125.00 {125.00) -100%
NEWSLETTER EXPENSES 500.00 (500.00) -100%
MTNl-CLE EXPENSE 1,500.00 2,000.00 500.00 33%
SEMINAR EXPENSE - SECTIONS 1,500.00 1,500.00 0%
MEMBERSHTP & RECRUITING EXP 400.00 400.00 0%
SCHOLA RSHTPSIDONATIONS/GRANT 500.00 1,000.00 500.00 100%
EXEClIT!VE COMMITTEE EXPENSES 450.00 250.00 (200.00) -44%
ANNUAL OR OTHER MEETING EXPENSE 250.00 250.00 0%
TOTAL DI RECT EXPENSES: 7,300.00 7,475.00 175.00 2%
NET INCOME {LOSS): (1,770.00) (1 ,945.00) (175.00)
74
For the Period from October 1, 2016 to September 30, 20 17
ANTITRUST, CONSUMER
PROTECTION & UNFAIR BUSINESS FISCAL 2016 FISCAL 201 7 SCHANGE IN lo C HANGE
PRACTIES BUDGET BUDGET BUDGET I N BUDGET
REVENUE:

SEMINAR SPLITS WI CLE 3,000.00 3,000.00 0%
TOTAL REVENUE: 7,280.00 7,040.00 (240.00) -3%
DIRECT EXPENSES:
PER MEMBER CHARGE 4,0 12.50 3,787.50 (225.00) -6%

MINI-CLE EXPENSE 1,500.00 1,700.00 200.00 13%
SEMINAR EXPENSE - SECTIONS 700.00 700.00 0%
MEMBERSHIP & RECRUITING EXP 750.00 750.00 0%
LAW SCHOOL OUTREACH 1,500.00 1,500.00 0%
EXECUTIVE COMMITTEE EXPENSES 1,000.00 1,000.00 0%
LDSHIP/PROF DEVELOP/RETREATS 500.00 1,000.00 500.00 100%
TOTAL DIRECT EXPENSES: 9,962.50 10,437.50 475.00 50;;,
NET I NCOME (LOSS): (2,6 82 .50) (3,397.50) (71 5.00)
75
Bud get Compa rison Report
For the Period from October I, 20 16 to September 30, 2017
FISCAL20 16 FISCAL 20 17 SCHANGE I N %CHANGE

BUSINESS LAW B UDGET BUDGET BUDGET IN BUDGET
REVENUE:

SECTION DUES REVENUE 32,250.00 33,600.00 1,350.00 4%
MINI-CLE REVENUE 5,900.00 5,400.00 (500.00) -8%
SEMINAR SPLITS W/ CLE 8,500 .00 7,000.00 ( l ,500.00) -1 8%
T OTAL REVENUE: 46,660.00 46,010.00 (650.00) -1 %
DIRECT EXPENSES:

PER MEMBER CHARGE 24, 187.50 25,200.00 1.01 2.50 4%
NEWSLETTER EXPENSES 250.00 1,000.00 750.00 300%
RECEPTION EXPENSE 2,000.00 (2,000.00) -1 00%
SECTION SPECIAL PROJECTS 22,375.00 6,000.00 ( 16,375.00) -73%
WEBSITE EXPENSES 10,000.00 1,000.00 (9,000.00) -90%
MINI-CLE EXPENSE 13,000 .00 13,500.00 500.00 4%
SEMINAR EXPENSE - SECTIONS 1,900.00 400.00 (I ,500.00) -79%
MEMBERSHIP & RECRUITING EXP 2,000.00 1,000.00 ( 1,000.00) -50%
SCHOLARS!-OPS/DONATIONS/GRANT 8,000.00 8,000.00 0%
ATIENDANCE AT BOG MEETINGS 300.00 300.00 0%
EXECUTIVE COMMITTEE EXPENSES 3,700.00 4,700.00 1,000.00 27%
LDSHIP/PROF DEVELOP/RETREATS 900.00 900.00 0%
SECTION COMMITTEE EXPENSE 2,500.00 2,750.00 250.00 IO%
TOT AL DI RECT EXPE SES: 91,6 12.50 65,250.00 (26,362.50) -29%
NET INCOME (L OSS): ( 44,952.50! ( 19,240.00) 25,7 12.50
76
Fonhe Period from October I, 2016 to September 30, 20 17
FISCAL 2016 FISCAL 2017 SCHANGE IN %CHANGE

CIVIL RIGHTS LAW BUDGET BUDGET BUDGET IN BUDGET
REVENUE:
INTEREST - INVESTMENTS I0.00 10.00 0%

TOTAL REVENUE: 3,970.00 3,970.00 0%
DIRECT EXPENSES:

AWARDS 300.00 300.00 0%
MlNl-CLE EXPENSE 435.00 435.00 0%
LAW SCHOOL OUTREACH 200.00 200.00 0%
EXECUTIVE COMMJITEE EXPENSES 200.00 200.00 0%
LDSHTP/PROF DEVELOP/RETREATS 1,650.00 1,650.00 0%
TOTAL DIRECT EXPENSES: 6,510.00 6,5 10.00 0%
NET INCOME (LOSS): (2,540.00) (2,540.00)
77
Forthe Period from October I, 20 16 to September 30, 20 17
FISCAL 2016 FISCAL 20 17 SCHANGE IN %CHANGE

CONSTRUCTION LAW BUDGET BUDGET BUDGET IN BUDGET
R EVENUE:
SECTION DUES REVENUE 13,000.00 13.000.00 0%

M!Nl-CLE REVENUE 2.000.00 1.800.00 (200.00) -10%
SEMINAR SPLITS W/ CLE 4,500.00 4,500.00 0%
TOTAL REVENUE: 19,500.00 19,300.00 (200.00) -1 %
DIRECT EXPENSES:

PER MEMBER CHARGE 9,750.00 9 ,750.00 0%
AWARDS 2,500.00 2,500.00
NEWSLETTER EXPENSES 1,000.00 1,000.00 0%
RECEPTION EXPENSE 2,000.00 3,000.00 1,000.00 50%
SECTION SPECIAL PROJ ECTS 500.00 1,000.00 500.00 100%
MINI-CLE EXPENSE 3,500.00 4,000.00 500.00 14%
SEMINAR EXPENSE SECTIONS 500.00 1,500.00 1,000.00 200%
SCHOLARSHIPS/ DONATIONS/GRANT 2,000.00 (2,000.00) -100%
EXECUTIVE COMM11TEE EXPENSES 2, 100.00 2,000.00 (100.00) -5%
TOTAL DIRECT EXPENSES: 21 ,730.00 25, 130.00 3,400.00 16%
NET INCOME (LOSS): (2,230.00) (5,830.00) (3,600.00)
78
Forthe Period from October I, 2016 10 September 30, 20 I 7
FISCAL 2016 FISCAL2017 SC HANGE I N %CHA NGE

CORPORATE COUNSEL SECTION BUDGET BUDGET BUDGET I N BUDGET
REVENUE:

MlNl-CLE REVENUE 15,000.00 19,000.00 4,000.00 27%
SEMINAR SPLITS WI CLE 11 ,000.00 9,000.00 (2,000.00) -18%
TOT AL REVENUE: 43,500.00 48,000.00 4,500.00 10%
DIRECT EXPENSES:
PER MEMBER CHARGE 16,875.00 18,750.00 1,875.00 11 %

MlNl-CLE EX PENSE 21 ,000.00 24,000.00 3,000.00 14%
SEMINAR EXPENSE - SECTIONS 1,500.00 3,000.00 1,500.00 !00%
SCHOLARSHIPS/DONATIONS/GRANT 6,000.00 7,000.00 1,000.00 17%
EXECUTIVE COMMlTTEE EXPENSES 3,000.00 3,000.00 0%
NET INCOME (LOSS): (4,875.00) (7,750.00) (2,875.00)
79
Forthe Period from October I, 2016 to September 30, 2017
FISCAL 2016 FISCAL 2017 SCHANGE IN %C HANGE

CREDITOR DEBTOR RIGHTS BUDGET BUDGET BUDGET IN BUDGET
REVENUE:
SECTION DUES REVENUE 18.000.00 16,800.00 (1,200.00) -7%

SEMINAR SPLITS W/ CLE 12,000.00 10,800.00 (1 ,200.00) -10%
TOTAL REVENUE: 30,000.00 27,600.00 (2,400.00) -8%
DIRECT EXPENSES:

NEWSLETTER EXPENSES 400.00 450.00 50.00 13%
SEMlNAR EXPENSE- SECTIONS 300.00 300.00 0%
MEMBERSHIP & RECRUITlNG EXP 250.00 (250.00) -100%
PUBLIC SERVICE PROJECTS 2,500.00 (2,500.00) -100%
SCHOLARSHIPS/DONATIONS/GRANT 20,000.00 20,000.00 0%
NET INCOME (LOSS): (10,500.00) (9,450.00) 1,050.00
80
F ISCAL 2016 FISCAL 2017 SCHANGE IN %CHANCE

CRIMINAL LAW BUDG ET BUDG ET BUDGET IN BUDGET
R E V E N UE:

SECTION DUES REVENUE 13.950.00 13,950.00 0%
MlNl-CLE RE VE NUE 450.00 450.00 0%
SEMINAR SPLITS W/ CLE 5,300.00 5,300.00 0%
T O TAL REVENUE: 19,750.00 19,750.00 0%
DIRECT EXPENSES:
PER MEMBER CHARGE 8,7 19.00 8,812.50 93.50 1%

ELECTIONS 300.00 600.00 300.00 100%
MINI-CLE EXPENSE 2,000.00 2,000.00 0%
SEMINAR EXPENSE- SECTIONS 1,000.00 1,000.00
NEW LA WYER OUTREACH 50.00 100.00 50.00 100%
SCHOLARSHIPSfDONATIONS/GRANT 3,000.00 3,000.00 0%
EXECUTIVE COMMITTEE EXPENSES 5,250.00 6.250.00 1,000.00 19%
ANNUAL OR OTH.ER MEETING EXPENSE 1,000.00 1,500.00 500.00 50%
TOT AL DIRECT E XPENSES: 20,8 19.00 23,762.50 2,943.50 14%
NET INCOM E (LOSS): (1 ,069.00) (4,0I 2.50) (2,943.50)
81
FISCAL 2016 FISCAL 2017 SCHANGE IN % CHANGE

ELDER LAW BUDGET BUDG ET BUDGET IN BUDG ET
REVENUE:

SECTION DUES REVENUE 22,750.00 23,275.00 525.00 2%
SEMINAR SPLITS W/ CLE 8,000.00 10,000.00 2,000.00 25%
SEMINAR SPLITS W/ OTHERS 13,000.00 13,000.00
TOT AL REVEN UE : 30,760.00 46,285.00 15,525.00 50%
DIRECT EXPENSES:

PER MEMBER CHARGE 12,187.50 12,468.75 281.25 2%
LEGISLATlVE/LOBBYING 1,500.00 1,500.00 0%
SECTION SPECIAL PROJECTS 2,500.00 2,500.00 0%
SEMINAR EXPENSE - SECTIONS 1,500.00 5,500.00 4,000.00 267%
MEMBERSHIP & RECRUITING EXP 50.00 100.00 50.00 100%
LDSl-IIP/PROF DEVELOP/RETREATS 5,000.00 5,000.00 0%
NET I NCOM E (LOSS): (I 5,577.50) (4,383.75) 11,193.75
82
For the Period from October I, 20 16 to September 30, 20 I 7
ENVIROMENTAL & LAND USE LAW F ISCAL 2016 FISCAL20 17 SCHANGE IN % C HA 'GE
SECTION BU DGET BUDGET BUDGET IN BUDGET
REVENUE:

SECTION DUES REVENUE 30,450.00 29,050.00 (1,400.00) -5%
MINI-CLE REVENUE 500.00 500.00 0%
SEMINAR SPLITS W/ CLE 500.00 1.000.00 500.00 100%
TOTAL R EVENUE: 31,500.00 30,600.00 (900.00) -3%
DI RECT EXPENSES:

PER MEMBER CHARGE 16,31 2.50 15,562.50 (750.00) -5%
AWARDS 200.00 200.00 0%
MINI-CLE EXPENSE 2,000.00 2,000.00 0%
SEMlNAR EXPENSE - SECTIONS 1,975.00 1,975.00 0%
NEW LA WYER OlITREACH 100.00 100.00 0%
EXEClITIVE COMMlTTEE EXPENSES 7,000.00 7,000.00 0%
T OTAL D IR ECT EXPENSES: 35,287.50 34,587.50 (700.00) -2%
N ET I NCOME (L OSS): (3,787.50} (3,987.50} (200.00}
83
For the Period fro m October I, 2016 to September 30, 20 I 7
FISCAL20 16 FISCAL 2017 SCHANGE I N %CHANCE

FAMILY LAW BUDGET BUDGET BUDGET I N BUDGET
REVENUE:
INTEREST - INVESTMENTS 100.00 100.00

SECTION DUES REV ENU E 43,750.00 43,750.00 0%
SEMINAR REVENUE-REGIST RAT IONS 2,500.00 (2,500.00) -100%
TOTAL REVENUE: 48,650.00 52,850.00 4,200.00 9%
DIRECT EXPENSES:
POSTAGE 700.00 700.00 0%

CO NFERENCE CALLS 500.00 500.00 0%
ELECTIONS 700.00 700.00
AWARDS 1,955.00 1,955.00 0%
MEMBERSHIP & RECRUITING EXP 5,000.00 5,000.00
SCHOLARSHLPS/DONA TIONS/GRANT 5,000.00 5,000.00
ATTENDANCE AT BOG MEETINGS 2,500.00 2,500.00 0%
EXECUTIVE COMM EX P - OTHER I0,000.00 10,000.00 0%
ANNUAL O R OTHER MEETLNG EXPENSE 1,500.00 1,500.00 0%
NET INCOME (LOSS) : ( 18,942.50) (26,442.50) (7,500.00)
84
For the Period from October I. 2016 to September 30, 2017
FISCA L 2016 FISCAL 2017 SCHANGE IN %C HANGE

HEALTH LAW BUDGET BUDGET BUDGET IN BUDGET
REVENUE:
INTER.EST - INVESTMENTS 150.00 150.00 0%

M!Nl-CLE REVENUE 360.00 1,200.00 840.00 233%
SEMINAR SPLITS W/ CLE 1,000.00 360.00 (640.00) -64%
TOT AL REVENUE: 9,0 10.00 9,210.00 200.00 2%
DI RECT EXPENSES:

PER MEMBER CHARGE 7,031.25 7,03 1.25 0%
MINI-CLE EXPENSE 1,200.00 1,200.00 0%
SEMINAR EXPENSE- SECTIONS 1,000.00 1,000.00 0%
MEMBERSHIP & REC RUITING EXP 3,000.00 3,000.00 0%
SCHOLARSHIPS/DONATIONS/GRANT 1,125.00 1, 125.00 0%
EXECUTIVE COMMITTEE EXPENSES 2,500.00 5,000.00 2,500.00 100"/o
LDSHIP/PROF DEVELOP/RETREATS 400.00 400.00
NET I NCOME (LOSS): {7,246.25) (9,946.25) (2,700.00)
85
FISCAL 20 16 FISCAL 2017 SC HA NGE IN %C HANGE

INDIAN LAW BUDGET BUDGET BUDG ET IN BUDGET
REVENUE:
INT EREST - INVEST MENTS 50.00 50.00 0%

SEMINAR SPLITS WI CLE 5,000.00 4,000.00 (1,000.00) -20%
TOTAL R EVENUE : 12,550.00 12,050.00 (500.00) -4%
DIRECT EXPENSES:

MINI-CLE EXPENSE 1,000.00 (1,000.00) -100%
HONORARIUM 200.00 200.00 0%
MEMBERSHTP & RECRUITING EXP 100.00 100.00
SCHOU\RSHIPSIDONATIONS/GRANT 10,000.00 5,000.00 (5,000.00) -50%
EXECUTIVE COMMITTEE EXPENSES 200.00 200.00 0%
TOTAL DIRECT EXPENSES: 18,I25.00 12,600.00 (5,525.00) -30%
NET INCOME (LOSS): (5,575.00) (550.00) 5,025.00
86
For the Period from October I, 2016 to September 30, 20 I 7
FISCAL201 6 FISCAL2017 SCHANGE IN %CHANGE

INTELLECTUAL PROPERTY LAW BUDGET BUDGET BUDGET IN BUDGET
REVENU E:
INTEREST - INVESTMENTS 10.00 100.00 90.00 900%

MJNl-CLE REVENUE 1,000.00 875.00 (125.00) -13%
TOTA L REVENU E: 32,0 10.00 42,775.00 10,765.00 34%
DIRECT EXPENS ES:

PER MEMBER CHARGE 15,750.00 17,625.00 1,875.00 12%
AWARDS 200.00 200.00
SECTION SPECIAL PROJECTS 3,000.00 1,500.00 (1.500.00) -50%
MlNl-CLE EXPENSE 1,000.00 1,000.00 0%
SEMINAR EXPENSE - SECTIONS 3,000.00 10,000.00 7,000.00 233%
MEMBERSHTP & RECRUITING EXP 1,000.00 1,000.00 0%
SCHOLARSHTPS/DONATIO NS/GRANT 12,000.00 12,000.00 0%
LAW SCHOOL OUTREACH 4,000.00 3,000.00 (1,000.00) -25%
LDSHTP/PROF DEVELOP/RETREATS 1,000.00 1,000.00 0%
T OTA L DIR ECT EXPENSES: 46,450.00 56,204.00 9,754.00 2 1%
NET INCOM E (LOSS): ( 14,440.00) (13,429.00) 1,0 11.00
87
For the Period from October I, 20 I 6 to September 30, 20 I 7
FISCAL 20 I6 FISCAL 20 I 7 SCHANGE IN %CHANGE

INTERNATIONAL PRACTICE BUDGET BUDGET BUDGET IN BUDGET .
REVENUE:
SECTION DUES REVENUE 12,000.00 I I ,400.00 (600.00) -5%

SPONSORSHIPS 1,000.00 1,000.00
RECEPTIONS REVENUE 4,000.00 2,000.00 (2,000.00) -50%
MINI-CLE REVENUE 1,500.00 I ,500.00 0%
TOTAL REVENUE: I7,500.00 15,900.00 (1,600.00) -9%
DIRECT EXPENSES:
CONFERENCE CALLS 250.00 250.00

AWARDS 1,000.00 (1,000.00) -100%
RECEPTION EXPENSE 5,000.00 2,300 .00 (2,700.00) -54%
WEBSITE EXPENSES 300.00 300.00 0%
MlNl-CLE EXPENSE 300.00 2,300.00 2,000.00 667%
MEMBERS HIP & RECRUITING EXP 50.00 50.00 0%
lA W SCHOOL OUTREACH 500.00 2,500.00 2,000.00 400%
EXECUTIV E COMMlTrEE EXPENSES 300.00 600.00 300.00 100%
LDSHIP/PROF DEVELOP/RETREATS 300.00 300.00 0%
ANNUAL OR OTHER MEETING EXPENSE 3,400.00 2,400.00 (1 ,000.00) -29%
TOTAL DIRECT EXPENSES: 16,775.00 16,343.75 (431.25) -3%
NET INCOME (LOSS): 725.00 (443.75) (1 ,168.75)
88
FISCAL 2016 FISCAL 2017 SC HANGE IN %C HANGE

JUVENILE LAW BUDGET BUDGET BUDGET IN BUDGET
REVENUE:

TOT A L REVENUE: 4,51 0.00 5,260.00 750.00 17"/,,
DIR ECT EXPENSES:
CONFERENCE CALLS 100.00 (100.00) - 100%

MINI-CLE EXPENSE 450.00 750.00 300.00 67%
SEMINAR EXPENSE - SECTIONS 5,200.00 2,000.00 (3,200.00) -62%
HONORARIUM 1.500.00 1,600.00 100.00 7%
MEMBERSHIP & RECRUITING EXP 2,000.00 1,000.00 (I,000.00) -50%
SCHOLARSHIPS/ DONATIONS/GRANT 750.00 (750.00) -!00%
EXECUTIVE COMMITTEE EXPENSES 1,000.00 500.00 (500.00) -50%
LDSHCP/PROF DEVELOP/RETREATS 600.00 600.00 0%
ANNUAL OR OTHER MEETING EXPENSE 300.00 (300.00) -!00%
TOTAL DIRECT EXPENSES: 14,71 2.50 9,73 1.25 (4,98 1.25) -34%
NET INCOME (LOSS): (10,202.50) (4,47 1.25) 5,73 1.25
89
For the Period from October I, 20 16 to September 30. 20 17
FISCAL 2016 FISCAL 20 17 SCHANGE IN % CHANGE

LABOR & EMPLOYMENT LAW BUDGET BUDGET BUDGET IN BUDGET
REVENUE:

TOTAL REVENUE: 43,5 10.00 50,600.00 7,090.00 16%
DI RECT EXPENSES:
PRINTING & COPYING 500.00 500.00 0%

PER MEMBER CHARGE 17,812.50 19,687.50 1,875.00 11 %
MINl-CLE EXPENSE 4,500.00 8,500.00 4,000.00 89%
SEMINAR EXPENSE - SECTIONS 500.00 500.00
HONORARIUM 200.00 200.00
SCHOLARSHJPS/DONA TIONS/GRANT 9,000.00 15,000.00 6,000.00 67%
EXECUTIVE COMMJTTEE EXPENSES 1,200.00 4,500.00 3.300.00 275%
LDSHlP/PROF DEVELOP/RETREATS 3,000.00 7,000.00 4,000.00 133%
NET I NCOME {LOSS): 3,497.50 {12,287.50) {15, 785.00)
90
LEGAL ASSISTANCE TO MILITARY FISCAL20 16 FISCAL 2017 SCHANGE IN %CHANGE

PERSONNEL BUDGET BUDGET BUDGET IN BUDGET
REVENUE:

MTN!-CLE REVENUE 2,250.00 500.00 (1 ,750.00) -78%
TOTAL REVENUE: 6,635.00 4,360.00 (2,275.00) -34%
DIRECT EXPENSES:

AWARDS 150.00 150.00 0%
NEWSLETIER EXPENSES 50.00 150.00 100.00 200%
MINI-CLE EXPENSE 2,500.00 500.00 (2.000.00) -80%
MEMBERSHIP & RECRUlTLNG EXP 100.00 200.00 100.00 100%
SCHOLARSHIPS/DONATIONS/GRANT 2,000.00 1,000.00 (1 ,000.00) -50%
EXECUTIVE COMMITIEE EXPENSES 850.00 1,000.00 150.00 18%
TOTAL DIRECT EXPENSES: 8,000.00 5,11 2.50 (2,887.50) -36'Y,,
NET INCOM E (LOSS): (1,365.00) (752.50) 612.50
91
FISCAL2016 FISCAL 201 7 SCHANGE IN % CHANGE

LGBTLAW BUDGET BUDGET BUDGET JN BUDGET
REVENUE:
INTEREST - INVESTMENTS 10.00 I0.00 0%

SECTION DUES REVENUE 2,850.00 3,2 10.00 360.00 13%
MTNl-CLE REVENUE 1,500.00 1.500.00 0%
TOTAL REVEN UE: 4,360.00 4,720.00 360.00 8%
DIRECT EXPENSES:
CONFERENCE CALLS 300.00 250.00 (50.00) -1 7%

MINI-CLE EXPENSE 1,200.00 900.00 (300.00) -25%
MEMBERSHIP & RECRUITING EXP 1,050.00 950.00 (100.00) -10%
ANNUAL OR OTHER MEETING EXPENSE 500.00 900.00 400.00 80%
TOTAL DIRECT EXPENSES: 5,831.25 6,006.25 175.00 3%
N ET I NCOME (LOSS): (1,471.25) (1,286.25) 185.00
92
FISCAL 201 6 FISCAL 2017 SC HANGE IN %CHANGE

LITIGATION LAW BUDGET BUDGET BUDGET IN BUDGET
REVENUE:

SEMlNAR SPLITS W/ CLE 4,000.00 4,000.00 0%
TOTAL REVENUE: 37,550.00 39,200.00 1,650.00 4%
DIRECT EXPENSES:

PER MEMBER CHARGE 20,906.25 2 1,937.50 1,03 1.25 5%
AWARDS 500.00 500.00
MINI-CLE EXPENSE 2,000.00 2,000.00 0%
SEMINAR EXPENSE - SECTIONS 500.00 500.00 0%
NEW LA WYER OUTREACH 600.00 600.00
SCHOLARSHIPS/DONATIONS/GRANT 2,500.00 3,100.00 600.00 24%
BREAKFAST/LUNCH/DINNER MTG EXP 5,500.00 5,500.00 0%
TOTAL DIRE CT EXPENSES: 45,556.25 48,287.50 2,731.25 60/c,
NET I NCOM E (LOSS): ~8,006. 25) (9,087.50) ( 1,08 1.25)
93
Budget Compar ison Repor t
FISCAL 2016 F ISCAL 2017 S C HANGE I ' % CHANGE

LOW BONO BUDGET BUDGET BUDG ET IN BUDGET
REVENUE:
IN TEREST - INVESTMENTS 5.00 5.00

SPONSORSl-llPS 500.00 500.00
MINI-CLE REVENUE 5,700.00 (5,700.00) -100%
SEMINAR SPLITS WI OTHERS 700.00 700.00
TOTAL REVENUE: 9,090.00 4,7 15.00 (4 ,375.00) -48%
DIRECT EXPENSES:
CONFERENCE CALLS 75.00 75.00

MINI-C LE EXPENSE 2,600.00 (2,600.00) -1 00%
SEMINAR EXPENSE - SECTIONS 100.00 100.00
MEMBERSHIP & RECRUlTTNG EXP 1,300.00 1,300.00
EXECUTIVE COMMITTEE EXPENSES 1,500.00 700.00 (800.00) -53%
ANNUAL OR OTHER MEETING EXPENSE 900.00 900.00
TOT AL DIRECT EX PENSES: 6,21 8.75 5,268.75 (950.00) - 15%
NET I NCOM E (LOSS): 2,871.25 (553.75) (3,425.00)
94
For the Period from October I, 2016 to September 30, 20 I 7
REAL PROPERTY, PROBATE & FISCAL 2016 FISCAL 2017 SCHANGE IN % CHANGE
TRUST BUDGET BUDGET BUDGET IN BUDG ET
REVENUE:

SEMINAR SPLITS W/ CLE 35,000.00 30,000.00 (5,000.00) -14%
TOTAL REVENUE: 93,750.00 85,200.00 (8,550.00) -9%
DIRECT EX PENSES:

PER MEMBER CHARGE 44,062.50 41 ,250.00 (2,8 12.50) -6%
LEGISLATIVE/LOBBYING 500.00 500.00 0%
NEWSLETTER EXPENSES 3,000.00 4,500.00 1,500.00 50%
WEBSITE EXPENSES 5,000.00 5,000.00 0%
MEMBERSHJP & RECRUITING EXP 500.00 2,500.00 2,000.00 400%
NEW LA WYER OUTREACH 500.00 1,350.00 850.00 170%
SCHOLARSHJPS/DONATIONS/GRANT 1,500.00 12,850.00 11 ,350.00 757%
ATTENDANCE AT BOG MEETINGS 1,000.00 1,000.00 0%
EXECUTIVE COMMITTEE EXPENSES 10,000.00 5,500.00 (4.500.00) -45%
EXECUTIVE COMM EXP - OTHER 5,500.00 8,000.00 2,500.00 45%
LDSHTP/PROF DEVELOP/RETREATS 22,000.00 20,000.00 (2,000.00) -9%
SECTION COMMJTTEE EXPENSE 500.00 500.00 0%
NET I NCOME (LOSS): (3,012.50) (20,450.00) (17,437.50)
95
FISCAL 2016 FISCAL2017 SCHANGE IN % C HANGE

SENIOR LA WYERS BUDGET BUDGET BUDGET IN BUDGET
REVENUE:

SECTION DUES REVENUE 8,400.00 7,500.00 (900.00) -11 %
SEMINAR SPLITS W/ CLE 2,500.00 350.00 (2,150.00) -86%
TOTAL REVENUE: 10,914.00 7,876.00 (3,038.00) -28%
DIRECT EXPENSES:
PER MEMBER CHARGE 6,300.00 5,625.00 (675.00) -11 %

EXECUTIVE COMMITTEE EXPENSES 1,000.00 1.000.00 0%
TOT AL DIRECT EXPENSES: 11 ,800.00 11,125.00 (675.00) -6%
NET I NCOME (LOSS): (886.00) (3,249.00) (2,363.00)
96
For the Period from October I, 2016 10 September 30, 2017
FISCAL2016 FISCAL 20 17 SCHA CE IN %CHANCE

SOLO & SMALL PRACTICE BUDGET BUDG ET BUDGET IN BUDGET
REVENUE:

MINI-CLE REVENUE 2,000.00 2,000.00 0%
SEMINAR SPLITS W/ CLE 2.000.00 2,500.00 500.00 25%
TOTAL REVENUE: 37,250.00 39,600.00 2,350.00 6%
DI RECT EXPENSES:

S ECTION MISCELLANEOUS 1,100.00 2,500.00 1,400.00 127%
NEWSLETTER EXPENSES 300.00 1,000.00 700.00 233%
SECTION SPECIAL PROJECTS 1,500.00 2,500.00 1,000.00 67%
MlNl-CLE EXPENSE 1,000.00 3,300.00 2,300.00 230%
SEMINAR EXPENSE - SECTIONS 9,000.00 5,000.00 (4,000.00) -44%
MEMBERSHIP & RECRU ITING EXP 2,500.00 4,025.00 1,525.00 6 1%
SCHOL.ARSlW'SIDONATIONS/G RANT 500.00 500.00
EXECUTIVE COMMJTTEE EXPENSES 2,500.00 2,500.00 0%
LDSHlP/PRO!' DEVELOP/RETREATS 4,500.00 4,500.00 0%
TOTAL DI RECT EXPENSES: 40,7 12.50 45,325.00 4,612.50 11 %
NET I NCOM E (LOSS): (3,462.50) (5,725.00) (2,262.50)
97
For the Period from October I. 2016 to September 30. 20 I 7
FISCAL 2016 FISCAL 2017 $CHA GE IN %CHANGE

TAXATION LAW BUDGET BUDGET BUDGET IN BUDGET
REVENUE:
INTER.EST - INVESTMENTS 10.00 100.00 90.00 900%

ANNUAL OR OTHER MEETING REV 7,433.00 7,000.00 (433.00) -6%
M!Nl-CLE REVENUE 200.00 (200.00) -100%
SEMINAR SPLITS WI CLE 3,000.00 (3,000.00) -100%
TOTAL REVENUE: 32,553.00 26,000.00 (6,553.00) -20%
DIRECT EXPENSES:
CONFER.ENCE CALLS 425.00 425.00 0%

PER MEMBER CHARGE 11 ,737.50 11,812.50 75.00 1%
AWARDS 400.00 400.00 0%
NEWSLETIER EXPENSES 1,500.00 1,500.00 0%
MJNJ-CLE EXPENSE 100.00 100.00 0%
SEMJNAR EXPENSE - SECTIONS 1,000.00 1,000.00
MEMBERS~UP & RECRUITING EXP 1,500.00 1,500.00 0%
EXECUTIVE COMMJTTEE EXPENSES 1,000.00 1,020.00 20.00 2%
ANNUAL OR OTHER MEETING EXPENSE 8,500.00 10,100.00 l ,600.00 19%
TOTAL DI RECT EXPENSES: 33,162.50 35,857.50 2,695.00 8%
NET INCOME (LOSS): (609.50) (9,857.50) (9,248.00)
98
FISCAL2016 FISCAL 2017 $C HANGE IN %CH ANGE

WORLD PEACE THROUGH LAW BUDGET BUDGET BUDGET I N BUDG ET
REVENUE:

MINI-CLE REVENUE 160.00 400.00 240.00 150%
TOTAL REVENUE: 3,935.00 3,425.00 (510.00) - 13%
DIRECT EXPENSES:

AWARDS 1,000.00 1,000.00 0%
MINI-CLE EXPENSE 3,000.00 4,000.00 1,000.00 33%
EXECUTIVE COMMITTEE EXPENSES 200.00 200.00 0%
TOT AL DIRECT EXPENSES: 7,068.75 7,600.00 531.25 8%
NET INCOME (LOSS): (3, 133.75) (4, 175.00) (1,041.25)
99
D
100
Forihe Period from Oc1ober I. 2016 10 Sep1ember 30, 2017
CONTI NUING LEGAL EDUCATION FISCAL 201 6 FISCAL 2017 SCHANGE IN %CHANGE
(CLE) BUDGET BUDGET BUDGET IN BUDGET
REVEN UE:
SHIPPING & HANDLING 5,750.00 4,600.00 (1, 150.00) -20%

SEMINAR REGISTRATIONS 1,588,500.00 1,670,000.00 81,500.00 5%
SEMINAREXHIB/SPNSR/ETC 25,000.00 25,000.00 0%
DESKBOOK SALES 100,000.00 80,000.00 (20,000.00) -20%
COURSEBOOK SALES 25,000.00 20,000.00 (5,000.00) -20%
SECTIONPARTNERRED DESKBOOK SALES 19,000.00 15,200.00 (3,800.00) -20%
CASEMAKER ROYALTIES 75,000.00 60,000.00 ( 15,000.00) -20%
MP3 AND VIDEO SALES 600,000.00 700,000.00 100,000.00 17%
TOTAL REYE UE: 2,438,250.00 2,574,800.00 136,550.00 61.
DIRECT EXPENSES:
COST OF SALES DESKBOOKS 70,000.00 56,000.00 (14,000.00) -20%

COST OF SALES COURSE BOOKS 1,750.00 1,400.00 (350.00) -20%
COST OF SALES SECTION PUBLICATION 3,500.00 2,800.00 (700.00) -20%
A/V DEVELOP COSTS (RECORDING) 1,700.00 1,500.00 (200.00) -12%
SPLITS TO SECTIONS DESK BOOKS 6,000.00 4,800.00 (1,200.00) -20%
DESKBOOK ROYALTIES 1,000.00 1,000.00 0%
ONLINE PRODUCT HOSTING EXPENSES 40,000.00 40,000.00 0%
SEMINAR ONLIN E DELIVERY EXPENSES 42,000.00 42,000.00 0%
SHIPPING SUPPLIES 500.00 250.00 (250.00) -50%
POSTAGE & DELIVERYDESKBOOKS 5,000.00 4,000.00 {l ,000.00) -20%
POSTAGE & DELIVRYCOURSEBOOKS 5,000.00 3,000.00 (2,000.00) -40%
FLIERS/CATALOGS 6,000.00 7,500.00 1,500.00 25%
POSTAGE FLIERS/CATALOGS 4,000.00 5,000.00 1,000.00 25%
COMPLIMENTARY BOOK PROGRAM 2,000.00 4,000.00 2,000.00 100%
COURSEBOOK PRODUCTION 2,000.00 4,000.00 2,000.00 100%
POSTAGE FLIERS/CATALOGS 50,000.00 40,000.00 (I 0,000.00) -20%
POSTAGE MISCELLANEOUS 2,500.00 2,500.00 0%
ACCREDITATION FEES 5,800.00 6,500.00 700.00 12%
SEMINAR BROCHURES 69,000.00 65,000.00 (4,000.00) -6%
FACILITIES 269,988.00 285,988.00 16,000.00 6%
SPEAKERS & PROGRAM DEVELOP 65,534.00 55,000.00 (10,534.00) -16%
SPLITS TO SECTIONS SEMINARS 167,456.00 167,456.00 0%
SPLITS TO CO-SPONSORS 7,500.00 7,500.00 0%
HONORARIA 20,250.00 20,250.00 0%
CLE SEMINAR COMMITIEE 1,500.00 1,500.00 0%
BAD DEBT EXPENSE 600.00 600.00 0%
DEPRECIATION 22,2 13.33 19,000.00 (3,2 13.33) -14%
EQUIPMENT, HARDWARE & SOFTWARE 1,320.00 ( 1,320.00) -100%
RECORDS STORAGE OFF SITE 7,440.00 7,440.00 0%
STAFF MEMBERSHIP DUES 1,345.00 1,550.00 205.00 15%
SUPPLIES 2,000.00 2,000.00 0%
TOTAL DIRECT EXPENSES: 89 1,596.33 866,234.00 (25,362.33) -3%
I DIRECT EXPE SES:
SALARY EXPENSE 915,074.00 837,663.00 (77,411.00) -8%

BENEFIT EXPENSE 315,804.00 295,948.00 ( 19 ,856.00) -6%
OVERHEAD 306,714.00 302,742.00 (3,972.00) -1%
TOTAL INDIRECT EXPENS ES: 1,537,592.00 1,436,353.00 (1 01,239.00) -7%
TOTAL ALL EXPENSES: 2,429,188.33 2,302,587.00 (126,601.33) -5%
NET INCOME (LOSS): 9,06 1.67 272,213.00 263,151.33
101
E
102
For the Period from October 1, 2016 to September 30, 20 17
LAWYERS FUND FOR CLIENT FISCAL 2016 FISCAL 2017 $CHA NGE IN % C HA NGE
PROTECTION BUDGET BUDGET BUDGET IN BUDGET
REVENUE:
LFCP RESTITUTION 1,000.00 1,000.00 0%

LFCP MEMBER ASSESSMENTS 945,000.00 982,000.00 37,000.00 4%
INTEREST REVENUE 500.00 3,000.00 2,500.00 500%
TOTAL REVENUE: 946,500.00 986,000.00 39,500.00 4%
DIRECT EXPENSES:
GIFTS TO INJURED CLIENTS 500,000.00 500,000.00 0%

LFCP BOARD EXPENSES 1,500.00 1,500.00 0%
BANK FEES WELLS FARGO 800.00 1,000.00 200.00 25%
STAFF MEMBERSHIP DUES 225.00 (225.00) -100%
TOTAL DIRECT EXPENSES: 502,525.00 502,500.00 (25.00) 0%
INDIRECT EXPENSES:
SALARY EXPENSE 75,029.00 66,205.00 (8,824.00) -12%

BENEFIT EXPENSE 27,423.00 23,572.00 (3,851 .00) -14%
OVERHEAD 26,832.00 23 ,944.00 (2,888.00) -11 %
TOTAL IND IRECT EXPENSES: 129,284.00 113,721.00 ( 15,563.00) -1 2%
TOTAL ALL EXPENSES: 63 1,809.00 6I6,221.00 (15,588.00) -2%
NET INCOME (LOSS): 314,691.00 369,779.00 55,088.00
103
F
104
MANAGEMENT OF WESTERJ.'l FISCAL2016 FISCAL2017 SCHANGE IN %CHANGE

STATES BAR CONFERENCE BUDGET BUDGET BUDGET IN BUDGET
REVENU E:
REGISTRATION REVENUE 50,000.00 25,600.00 (24,400.00) -49%

OTHER ACTIVITIES REGISTRATION REVENUE 13,000.00 13,000.00
WESTERN STATES BAR MEMBERSHIP DUES 2,400.00 2,400.00
SPONSORSHIPS 9,000.00 9,000.00
T OTAL REVENUE: 50,000.00 50,000.00 0%
DIRECT E XPENSES:
MANAGEMENT OF WESTERN STATES BAR CONFERENCE 50,000.00 (50,000.00) - 100%

FACILITIES 44,000.00 44,000.00
SPEAKERS & PROGRAM DEVELOPMENT 1,000.00 1,000.00
BANK FEES 560.00 560.00
WSBC PRESIDENT TRAVEL 500.00 500.00
OPTIONAL ACTIVITIES EXPENSE 1,200.00 1,200.00
MARKETING EXPENSE 440.00 440.00
STAFF TRAVEL/PARKING 2,300.00 2,300.00
TOT AL DIRECT EXPENSES: 50,000.00 50,000.00 0%
INDIRECT E XPE NSES :
TOTAL ALL EXPENSES: 50,000.00 50,000.00 0%
NET INCOME (LOSS):
105
G
106
2017 WSBA Committee, Board, Panel, and Task Force Budgets
2013 2013 2014 2014 2015 2015 2016 YTD 2017
WSBA Committees, Boards & Panels Budget Actual Budget Actual Budget Actual Budget 7-31-16 Budget Cost Center budaeted in Staff Liaison
Adiunct Disciolinarv Counsel/(AIC) 4,000 2,296 4,000 3,358 5,000 990 5,000 1,336 3,500 Office of Disciolinarv Counsel Thea Jennings
Amicus Brief Committees 100 52 100 165 100 82 100 38 100 Office of General Counsel Kirsten Schimoff
Committee for Diversity 8,000 2,60 1 9,000 13,694 16, 100 11,784 10,000 5,975 11 ,700 A Diversitv JovWilliams
Council on Public Defense 6,000 2,559 3,000 4,683 3,000 5,8 13 4,500 6,1 12 8,400 Access to Justice Bonnie Sterken
Council on Public Leoal Education 0 0 0 0 0 0 0 0
Court Rules & Procedures Committee 6,000 5,458 5,000 4,361 5,000 6,656 5,000 892 5,000 Office of General Counsel Julie Shankland
Discioline Advisorv Roundtable 1,000 1,685 2,000 529 2,000 1,426 1,500 0 1,500 Office of General Counsel Darlene Neumann
Editorial Advisorv Committee 750 289 750 875 750 634 800 741 800 NW Lawver Todd Timmcke
Judicial Recommendation Committee 5,000 4,627 5,000 6, 187 5,000 3,535 5,000 4,783 4,500 Communications Jennifer Oleaario
Leaislative Committee 6,000 2,589 6,000 2,666 5,000 2,808 5,000 2,139 2,500 Leaislative Alison Grazzini
Pro Bono and Leaal Aid Committee 2,800 1,832 2,800 2,107 2,000 1,413 2,000 1,306 2,000 Public Service Proarams Ana Selvidge
Professionalism Committee 1,000 503 1,000 2 ,001 1,000 0 0 0
Committee on Professional Ethics 0 0 2,000 7,008 5,000 3,546 5,000 1,491 6,000 Professional Resoonsibility Proaram Jeanne Marie Clavere
YLD Board of Trustees/YounQ Lawyers Committee 10,000 8,859 15,000 9,187 20,000 17,224 15,000 11 ,560 15,000 New Lawver Education Lynda Foster
YLD Committees 0 0 0 0 0 0 0 0
Requlatorv Board
Board of Bar Examiners 60,000 50,664 20,000 34,324 27,000 26,823 25,000 7,969 30,000 Admissions/Bar Exam Gus Quiniones
Character and Fitness Board 10,000 22 ,274 18,000 16,426 18,000 20,270 18,000 14,364 20,000 Admissions/Bar Exam Kevin Bank
Conflicts Review Officer 0 0 0 70 0 0 0 0 Office of General Counsel Julie Shankland
Disciolinarv Board 10,000 12,624 11 ,000 11 ,640 12,000 7,225 10,000 5,788 7,500 Office of General Counsel Julie Shankland
Chief Hearing Officer 33,000 31,090 33,000 30,000 33,000 30,042 33,000 25,000 33,000 Office of General Counsel Julie Shankland
Hearing Officer Panel & Training 7,000 6,282 5,000 7,719 7,000 8,435 7,500 2,590 7,000 Office of General Counsel Julie Shankland
Law Clerk Board 5,000 4,439 5,000 3,463 5,000 2,565 7,200 5,829 5,000 Law Clerk Proaram Talia Clever
s c c /WSB d
Access to Justice Board 20,500 5,997 75,500 73,682 20,000 11,840 15,000 8,849 19, 100 Access to Justice Board Diana SinQleton
Access to Justice Board Committees 6,000 (1 ,323) 5,000 2,743 5,000 7,409 6,000 3,423 5,000 Access to Justice Board Diana Singleton
Limited License Legal Technician Board 10,000 19,158 18,000 23,107 16,000 18,517 17,000 12,210 18,000 Limited License Leaal Technician Ellen Reed
Limited Practice Board 3,500 2,095 2 ,200 2,206 2,200 2,055 2,300 1,021 3,000 Limited Practice Officer Talia Clever
Mandatory CLE Board 4,000 5,133 6,000 929 2,000 1,504 2,000 1,386 3,000 MCLE Renata Garcia
Practice of Law Board 10,000 3,929 6,000 5,710 3,500 1,802 3,500 11,769 14,000 Practice of Law Board Julie Shankland
Self-Funded Committees/Boards
LFCP Board 4 ,000 1,496 3,500 1,555 2,000 1,074 1,500 989 1,500 La ers Fund Client Protection Kevin Bank
CLE Committee 1,500 884 1,500 2,190 4,500 1,505 1,500 124 1,500 CLE Seminars Kevin Plach
Board of Governor Committees

BOG Committees 20,000 28,641 25,000 38,274 30,000 29,517 30,000 28,626 30,000 Office of Executive Director Varies
255, 150 226,733 290,350 310,859 257,150 226,495 238,400 166,310 258,600
A Includes diversity events hosted by the Committee for Diversity.

Includes stipends for members being on the committee through FY 2008.
Does not include stipends for work performed by committee members for the bar exam.
107
WSBA
From: Budget & Audit Committee
Re: 2018-2020 Lawyer License Fees
ACTION: App rove 2018-2020 Lawyer License Fees.
Pursuant to General Rule (GR) 12.1, lawyer license fees are set by t he Board of Governors and subject to a
"reasonableness" review by the Supreme Court. The Committee and the Boa rd have spen t significant time this year
analyzing and discussing lawyer license fees for 2018-2020. Following its examinat ion of WSBA reserves, projections, and
license fee modeling at February, March, and April Committee meetings; as well as license fee discussions with all Board
members at the BOG March meet ing and April mini-retreat, the Committee recomm ended in June t hat license fees for
active lawyers be set at $449 in 2018, $453 in 2019, and $458 in 2020. The Board raised no disagreement when it
considered the Com mitt ee's recommendation on first readi ng in Ju ly.
The charts incl uded under Attachment A show t he impact of t he recommended fees on WSBA finances and reserves, and
th e cost of programs from FY2010 t hrough FY2020 without using reserves. Reserves would rema in close to $2 mil lion at
the end of 2018, and at least $2 million at the end of 2019 and 2020.
The Board of Governors sets, and the Supreme Court reviews for reasonableness, all Active, Inactive, and Emeritus lawyer
license fees.License fees for active lawyers with 2-3 years in practice, and new admittees, are derived from the Active
Lawyer license fee. License fees for other legal professionals are set by Supreme Court Boards and approved by the
Supreme Court. Fees by license type are set forth in the table below:
2018 2019 2020

2016-2017
LICENSE TYPE Recommended Recommended Recommended
License Fees
License Fees License Fees License Fees
Lawyers
Active lawyers
$385 $449 $453 $458
(4+h years in practice)
Active lawyers
$192.50 $224.50 $226.50 $229
(2 - 3 years in practice)
51
New Admittee (1 6 months) $192.50 $224.50 $226.50 $229
New Admittee (2"d 6 months) $96.25 $112.25 $113.25 $114.50
Inactive and Emeritus Lawy ers $200 $200 $200 $200
1
Legal Prof essionals
Limit ed Pract ice Officers (LPO) $110 no recommendation from LPO Board
Limited License Legal Technicians (LLLT) $175 no recommendation from LLLT Board
1
License fees for LPOs are set by the Limited Practice Board {LPO Boa rd ) with the approval of the Supreme Court. Admission and
Practice Rule (APR) 12 Reg. 9. License fees for LLLTs are set by the Limited License Legal Techn icians Boa rd (LLLT Board) with the
approval of the Supreme Court. APR 28 Reg. 11. The Board of Governo rs has the opportunity to review license fees recommended by
t he LPO and LLLT Boards before they are submitted to the Supreme Court for approva l. There are currently no recommendations from
the LP O and LLLT Boards to change their respective fees.
108
A
109
Q,...flON E: BUDGET FUNDING WITH L1CENSE FEE RANGE OF $449 TO $4:;,d
MINIMUM RESERVES OF $2M BY 2019 {8/30/16)
Impact on Finances: Impact on General Fund Reserve Balances:
1:
FY14 I $16.5M $325 $363 $7,803,070
I:
FY15 I $18.0M $325 $420 $5,102,534
$,5,102,5~4
FY16 I $18.6M $385 $425 $3,470,155
FY17 I $18.9M I $385 $430 $2,072,810

I:
FY18 I $19.5M $449 $442 $1,847,989 $3,470,155
.....----
FY19 I $20.0M $453 $448 $2,009,607

I:
FY20 I $20.SM $458 $458 $2,005,655
$2,072,810 $2,009 , 607 $2,005,655
~ 1 R47 aoa
$2.0 Million
1:,
L,___,'----"-' ,___ ,_,,___ I~- -

--- - ---' .
2015 2016 2017 2018 2019 2020
Nore: reducing General Fund Reserves below $1.S mill/on is not recommended
110
EFFECTIVE LICENSE FEES OF $449-$458
r----- -
!
I
ACTUALS
osr a
License Fee
License Fee Total General Total General Net General Fund Programs
I :I b1'.lh1 Jil4 #!1 :~ Rates 1
Revenue2 Fund Revenue 3 Fund Expenses3 lncome/(Loss)4 Reserves 5 Without Using
(Oct-Dec/Jan-Sept)
Reserves 6
FY 2010 $415/$450 $13,040,395 $17,077,440 $15,520,074 $1,557,366 $5,991,957 $379
FY 2011 $450 $13,628,445 $17,308,336 $16,028,973 $1,279,363 $7,271,320 $402
FY 2012 $450 $13,878,719 $17,797,241 $16,323,444 $1,473,797 $8,745,117 $404
FY 2013 $450/$325 $11,390,193 $15,349,822 $15,134,167 $215,655 $8,960,772 $345
FY 2014 $325 $10, 760, 723 $15,335,749 $16,493,451 ($1,157, 702) $7,803,070 $363
FY 2015 I $325 II s11,133,17o I $15,266,002 $17,966,538 ($2, 700,536) I
1 $5,102,534 I I $420
:__
PROJECTIONS
FY 2016 $32-5/$385 J i--$12,545,000 I s16,420,637 I
1 srn,653,016 I1 ($1,632,379) $3,470,155 I I $425
FY 2017 $385 $13,204,000 $16,890,224 $18,887,569 ($1,397,345) $2,072,810 $430
FY 2018 $449 $14,953,000 $18,660, 780 $19,485,601 ($224,821) $1,847,989 $441
FY 2019 $453 $15,778,000 $19,537,000 $19,975,382 $161,618 $2,009,607 $448
FY 2020 $458 $16,178,000 $19,937,000 $20,540,952 ($3,952) $2,005,655 $458
111 Member license fee rates are calendar year based, which can result in two different rates within the same fiscal year.
121License fee revenue projections (beginning FY 2016) assume annual increase of 750 active members and license fee of $448-$458 in 2018 through 2020.
131Projected Total General Fund Revenue and Expenses beginning FY 2018 are based on FY 2017 budget with anticipated increases.
14 1Projections beginning FY 2016 include $600,000 reduction in net Joss per year to account for historical average savings between budget and actual spending.
151 Includes all General Fund Reserves (Operating, Capit al, Board Program, Facilities, and Unrestricted).
151 The cost of programs without using reserves - the Effective License Fee Rate - is t he weighted average rates based on the first three months and remaining nine months of the
fiscal year.
FY 2010-2015: reflect what we could have charged in order to support actual expenses.
FY 2016: we would need to increase rates to $438 in o rder to cove r all anticipated costs for the year . The weigh ted average of $385/$438 =$425
FY 2017: we would need to increase rates to $445 in order to cover all anticipated costs for the year. The weighted average of $385/$445= $430
FY 2018: we would need to increase rates t o $460 in order to cover all anticipated costs for the year. The weighted average of $385/$460 =$441
FY 2019: we would need to increase rates to $469 in order to cover all ant icipated costs for the year. The weighted average of $385/$469= $448
FY 2020: we wou ld need to increase rate s to $482 in order to cover all anti cipated costs for the year. The weighted average of $385/$482 =$458
111
OFFICE OF LEGISLATIVE AFFAIRS
MEMORANDUM
TO: WSBA Board of Governors
FROM: Governor Phil Brady, Board of Governors Legislative Committee Chair; Travis
Stearns, Council on Public Defense Member; and Alison Grazzini, WSBA
Legislative Affairs Manager
DATE: September 29, 2016
RE: Council on Public Defense Legal Financial Obligation Statement (ACTION ITEM)
ACTION: Approve the statement drafted by the Council on Public Defense regarding
legal financial obligation reform policies in Washington state.
OVERVIEW:
The Council on Public Defense (Council) created a workgroup dedicated to reviewing the
legal financial obligation (LFO) system in Washington state. Members of the workgroup and
Council include representation from defense attorneys, prosecutors, county clerks and
others who play a role in the criminal justice system. The workgroup determined that the
Council should comment publicly via a statement as it relates to LFO reform to ultimately
affect positive change in Washington's Legislature.
The detail below provides background regarding the issue of LFO reform as well as recent
approval by the Board of Governors (BOG) Legislative Committee to authorize the use of the
Council's statement.
BACKGROUND:
Legal financial obligations in Washington State
LFOs refer to the fees, fines, costs, and restitution ordered by the court as part of a criminal
sentence. State and national research shows that imposing LFOs on individuals with an
inability to pay creates a perpetual financial hardship that can be nearly impossible to
overcome. Imposing LFOs on individuals unable to pay contributes to overall community
destabilization by increasing barriers to post-sentence success for individuals seeking
employment, housing, and other means to reenter society.
In addition to increased hardship on the individual, collection of these obligations also

creates a hardship for the criminal justice system, law enforcement, and others whose
resources are diverted during a time of budget constraint in Washington State.
Washington State Bar Association I Office of Legislative Affairs I September 2016

112
Washington's LFO system has been recognized as being particularly poor for the following
reasons:
Defendants are overwhelmingly indigent. Recent statistics estimate that nearly 90
percent of all felony defendants in Washington State superior courts are
represented by public counsel.
Mandatory LFOs are becoming common practice. There are both mandatory and
discretionary types of LFOs in superior courts and courts of limited jurisdiction.
Mandatory LFOs deny the court discretion to consider the ability to pay before
imposing the LFO. While courts are required to consider the ability to pay, this
occurs inconsistently across jurisdictions.
Interest on LFOs is high. In Washington State, LFOs accrue interest at 12 percent
each year.
Penalty for failure to pay can mean jail time. When an individual fails to meet an
LFO order, jail time is a common sanction. This practice contributes to overcrowding
and the use of already depleting local resources .
Limited opportunities to modify LFOs for individuals unable to pay. Washington
State statutes have limited options to allow imposed LFOs to be converted to
alternative options such as community service. While waiver provisions exist, they
are underutilized and can be meaningless in some jurisdictions.
Wide disparities in enforcement lead to inequities in the system. There are gross
inconsistencies for individuals in similar situations who receive varying LFOs based
on jurisdiction. Inconsistencies also exist when it comes to imposing sanctions and
enforcement statewide.
In a 2015 decision, the Washington State Supreme Court also echoed problems with this
system. In State v. Blazina, the court stated " Washington's LFO system carries problematic
consequences," including "increased difficulty reentering society, doubtful recoupment of
money by the government, and inequities in administration."
Council on Pubic Defense action

The Council considered the LFO statement during multiple meetings this year.
Pursuant to the Court Rule and Comment Policy, during the April 1, 2016 meeting,
the Council determined that, in their view, the issue meets requirements under
General Rule 12.1. An analysis ofthis issue by General Counsel will be forthcoming.
During the July 8, 2016 meeting, the Council voted to formally approve the
statement and continued to collect votes via email between July 13 and July 18,
2016. The total Council vote count was 18 yeas; - nays; 1 abstention; and 4 absent.
State legislative proposals

There have been multiple proposals before the Washington State Legislature to change the
current LFO system. During the 2015 session, E2SHB 1390 was introduced with bipartisan
support. The bill aimed to eliminate the interest accrued on non-restitution portions of
LFOs; require courts to not impose costs on an individual deemed to be indigent at the time
sentencing; establish provisions relating to payment plans and priority of LFOs; and address
court sanctions for individuals who fail to pay imposed LFOs.

113
While E2SHB 1390 has yet to become law, the introduction of this legislation has
highlighted the growing need for change related to Washington's LFO system. There will be
similar legislation introduced during the 2017 session beginning in January.
In addition to the Council, other stakeholders supporting statewide LFO reform include the
American Civil Liberties Union, Statewide Poverty Action Network, Columbia Legal Services,
Children's Alliance, the Post Prison Education Program, the National Alliance on Mental
Illness, the Seattle and King County NAACP, and Blackout Washington .
The Council took elements of E2SHB 1390 into consideration when drafting the LFO
statement.
Board of Governors Legislative Committee action

Pursuant to the WSBA Legislation and Court Rule Comment Policy, the BOG Legislative
Committee convened on August 15, 2016, to discuss the issue.
BOG Legislative Committee members voted unanimously that the Council's statement met
requirements under GR 12.1. Comments from committee members included this being an
access to justice issue as well as identification of relevant stakeholders and future use of the
statement at both the state and national levels.
Committee members voted unanimously to approve the Council's LFO statement.
RECOMMENDED ACTION:
The BOG Legislative Committee recommends that the Board of Governors approve the
Council's statement regarding LFO reform to use when appropriate, in consultation with the
WSBA Legislative Affairs Manager.

114
Council legal financial obligation statement
The Council supports legislative intervention to reform legal financial obligations (LFOs).
With regard to these reforms, the Council asks the Legislature to fund the courts sufficiently
to perform their constitutional and statutory functions without reliance upon LFOs collected
from poor and indigent persons.
The Council supports further study on the collection of data on LFOs, particularly on
methods, practices and impacts of collection .
The Council supports the following reforms as it relates to LFOs:

1. Require courts to make an individualized finding of ability to pay before imposing costs,
fines, and fees .
2. Make both discretionary and mandatory costs, fines, and fees dependent upon ability to
pay.
3. A clear and consistent standard should be established to determine when a person lacks
the ability to pay costs, fines and fees.
4. Require courts to conduct a full, fair and meaningful hearing on ability to pay before
LFOs are imposed.
5. Eliminate interest imposed upon costs, fines, and fees and reduce interest on restitution
to no more than four percent.
6. Eliminate incarceration and manual labor as a sanction for the inability to pay LFOs.
7. With consent of the defendant, convert unpaid costs to community restitution hours at
a rate of no less than the minimum wage.
Washington State Bar Association I Office of Legislative Affairs I Septem ber 2016
115
WSBA
OFFICE OF THE GENERAL COUNSEL
Kevin Bank direct line: 206-733-5909

/\ssistant General Counsel fa.x: 206-727-83 14
e-mail: kevinb@wsba.org
To: The President, President-Elect, Immediate Past President, and Board of

Governors
From: Kevin M. Bank, Assistant General Counsel
Re: Lawyers' Fund for Client Protection Board Recommendations
ACTION REQUESTED: Approve the Lawyers' Fund for Client Protection Board
Recommendations to increase the per claim limit on gifts from $75,000 to $150,000
and recommend to the Supreme Court that the Fund's procedural rules be amended to
state clearly the new claim limit.
I. BACKGROUND TO RECOMMENDATION
Over the past year, the LFCP Board has considered whether to recommend to the BOG
that the $75,000 per claim limit on LFCP gifts be increased . These discussions were
prompted by: (1) the fact that the fund continues to receive applications from injured
clients who, through no fault of their own, have suffered losses of over $75,000 that
resulted from a lawyer's dishonest acts; (2) the per claim limit has not been increased
since 2004; (3) the Supreme Court increased the annual assessment on each lawyer
from $15 to $30 in 2010, which has improved the financial condition of the fund . The
LFCP Board convened a subcommittee to consider whether, given these factors, an
increase in the per claim limit was justified. The subcommittee examined historical and
financial data (discussed below) and reported its findings to the LFCP Board . At its
meeting on August 1, 2016, the LFCP Board voted unanimously to recommend to the
BOG that it increase the per claim limit from $75,000 to $150,000, and to recommend
that the APR be modified to state clearly what the per claim limit is.
116
EXECUTIVE SESSION -- CONFIDENTIAL
LFCP Board Recommendations

September 14, 2016
Page 2
2. MATERIALS CONSIDERED BY THE LFCP BOARD
The LFCP Board reviewed documents from the BOG's September 2004 meeting when
a recommendation to increase the per claim limit from $50,000 to $75,000 was
discussed. In a memorandum to the BOG, then General Counsel Robert Welden noted
that there had been no increase since 2001, and that there had been twelve approved
applications between 1996 and 2004 where the loss exceeded $50,000. The BOG
approved the recommendation by a vote of 11-2.
The LFCP Board also reviewed historical data to determine the number of approved
applications since 2004 where the applicant claimed a loss exceeding $75,000. There
were 18 such claims between 2007 and 2015. The LFCP Board asked Tiffany Lynch ,
the WSBA Controller, to analyze the financial impact of increasing the per claim gift limit
from $75,000 to $150,000. Ms. Lynch provided the Board with a thorough analysis of
fund balances since 2007 and projections through 2017. Her analysis is attached as
Appendix 1. She reviewed how the fund's finances would have been affected if the 18
approved applicants claiming a loss of over $75,000 had been reimbursed for the actual
amount claimed to have been lost, assuming the limit had been $150,000. The table
below shows how the fund balance would have been affected over the last three years,
assuming a gift limit of $150,000 was in effect since 2007:
$75,000 Cap $150,000 Cap

2013 $1,213,602 $238,602
2014 $1,746,010 $621,011
2015 $2 ,144,289 $794,290
Because of the increase in the assessment beginning in fiscal year 2010, the fund 's net
income would have remained substantial in recent years even with a $1 50,000 gift limit.
Projections going forward show net income increasing substantially, assuming gifts to
injured clients total $500,000 for each of the next two years (the total gift amount for
2011 was $1,002,683, but has ranged between $326,800 and $490,357 for 2012-2105).
$75,000 Cap $150,000 Cap

2013 $422,203 $272,203
2014 $532,408 $382,408
2015 $398,279 $173,279
2016 $314,691 $31 4.691
2017 $369,942 $369,942
117

September 14, 2016
Page 3
The LFCP Board also considered worst case scenarios, i.e. , if in a future year, the fund
receives applications that qualify for payment in an amount that exceeds the resources
of the fund. The LFCP Board determined that the fund is now protected in such a
scenario because of a 2012 amendment to APR 15. That amendment provided the
LFCP Board with authority to prorate gifts at the end of the fiscal year. See APR 15,
Procedural Rule 9. Applications approved for over $5,000 are paid $5,000 upon
approval of the gift by the LFCP Board (and if required under the rules, the BOG as
well), and the payment of the balance is deferred until the fiscal year end, at which time
the balance "shall be subject to any proration which may be approved by the Trustees."
Therefore, the current rules provide the LFCP Board with flexibility to prorate to assure
that the fund's balance will remain adequate to pay claims, even in the event of a worst
case scenario.
The calculations used for discussion by the LFCP Board did not include any calculations
involving assessments paid by, or awards made because of actions of, LLLTs or LPOs.
Currently, actions by LLLTs and LPOs are not covered by the LFCP , but if the
suggested Bylaw amendments and APR amendments are adopted, it is our expectation
that the Bar will request the Court to order an assessment to be paid annually by LLLTs
and LPOs, in the same manner that the assessment on lawyers is ordered by the Court.
If the suggested Bylaw amendments and APR amendments are not adopted , discussion
will continue with both the LLLT and LPO Boards as to how much and when an
assessment will be imposed for these license types to assure that injured clients are
protected.
3. RECOMMENDATIONS
The Fund Board recommends that the Board increase the per claim gift limit to
$150,000, effective October 1, 2016. The Fund Board further recommends that the
language of APR 9 be amended to add a provision stating clearly that the limit is
$150,000. The current version of the APR refers to the gift limit only indirectly in an
"Example" to explain how proration would affect an award under different scenarios.
The LFCP Board believes that if the per claim limit is increased as recommended and
the APR stated clearly what the per claim limit is, applicants will be less inclined to
request that the LFCP Board, or the BOG, make an "exception" and approve an amount
above the limit. Although such requests for exceptions are quite rare , they do take up
time and resources, and can reward more persistent applicants who "appeal" to the
BOG even though the APR do not provide for any appeals from the decisions of the
LFCP Board .
The recommended APR 15 rule changes are below. The version below incorporates
the proposed amendments addressing administrative coordination that are already
pending before the BOG. If the BOG agrees with the LFCP Board recommendations
regarding APR 15, we request that an amendment consistent with this approach be
added to the APR amendments that are currently before the BOG for action .
118

September 14, 2016
Page4
RULE 15: CLIENT PROTECTION FUND
REGULATION 9. LIMITATIONS ON REIMBURSEMENT
A. The Trustees may, at their discretion, set limitations on the amount of

reimbursement.
B. The maximum allowable amount of a gift is $150,000. There is no limit on the

number of gifts that can be made to reimburse clients for the wrongful acts of any one
lawyer.
8. C. Applications approved for $5,000 or less shall be paid in full upon approval by
the Client Protection Board (and the Trustees, if required under these Rules and
Regulations). Applications approved for more than $5,000 shall be paid $5,000 upon
approval by the Client Protection Board (and the Trustees, if required under these
Rules and Regulations); payment of the remaining balance approved shall be deferred
until fiscal year end and shall be subject to any proration which may be approved by
the Trustees.
G.D. At the last meeting of the Trustees for each fiscal year, the Client Protection
Board shall report the total outstanding balance on approved gifts and shall
recommend w.hether the outstanding balance should be paid in full or prorated . When
approved gifts are prorated , the prorated payment shall reflect the total amount of the
gift, less the initial $5,000 payment made upon approval by the Client Protection Board.
By way of illustration:
Example 1: The application is for an amount in excess of $75 ,000 $150,000.

The Client Protection Board recommends and the Board of Governors, as
Trustees, approves a gift in the maximum allowable amount of $75,000
$150,000. $5,000 is paid upon approval by the Trustees. At fiscal year end, the
Client Protection Board recommends and the Board of Governors, as Trustees,
approves using a prorating formula that would result in applicants receiving 20%
of their unpaid gifts. 20% of $70,000 $145,000 is $29,000 so a second payment
of $14 ,000 $29,000 is issued to the applicant.
Example 2: In the same fiscal year another applicant applies for and receives a
gift in the amount of $7,500. $5,000 is paid upon approval. At fiscal year end , a
second payment is issued for $500.
Appendix 1: Financial analysis by WSBA Controller Tiffany Lynch
119
APPENDIX 1
120
2007 2 699,239 649,239 599,239 549,239
2008 0 231,804 181,804 131,804 81,804
2009 5 184,640 9,640 (165,360) (340,360)
2010 3 434,822 184,823 (65,177) (315,177)
2011 0 261,318 11,319 (238,681) (488,681)
2012 1 791,399 516,400 241,400 (33,600)
2013 2 1,213,602 888,602 563,602 238,602
2014 2 1,746,010 1,371,011 996,011 621,011
2015 3 2, 144,289 1,694,290 1,244,290 794,290
2016 Budget 1 2,458,980 2,008,981 1,558,981 1,108,981
2017 Budget N/A 2,828,922 2,378,923 1,928,923 1,478,923
y ..
~-...i.:;l..
' :~:t....'.~.; ~r..

- :___ th 'J :l.!.1:~i...""lth,lliH11i'll:l.!. t Iflh,u-:,
,I
\:'"~~
- ,... -~ .~ ",-.,-~:._ '
-~l>;d;
~. -~~11
-
.: '"
;;i.-c
tlll1.1 r: ..~
:iii ,, .

1]1
-
1:..1
..
..,
t I=_""'--"
-
_. ; ... i;,.. ~ ...

A .I~--

11ii111110L:
=.
~:z.t\~ 1.:c:. 1 1:111~-, l1f:lll<. ,.. .. . . . ~; f:~, ~fa: - "'f:<: . '" ""'~il:
-1.!C . . ;_:~
'.l..~:1.::.v.mM ......... - - ::~
J
il:f
.. l:f.~
-' , ,
I . . ",:".'. ' )'
loH.'i'll:: l " 'f':T.H'i :.. .L'ttll 11: Ill ., : c.; ..L"f SillJI ~ L~ I ;u11 ~ .A.
2007 I 2 (96,916) (146,916) (196,916) (246,916)
2008 0 (467,435) (467,435) (467,435) (467,435)
2009 5 (47,164) {172,164) (297, 164) (422,164)
2010 3 250, 183 175,183 100,183 25,183
2011 0 (173,504) (173,504) (173,504) (173,504)
2012 1 530,081 I 505,081 480,081 455,081
2013 2 422,203 372,203 322,203 272,203
2014 2 532,408 482,408 432,408 382,408
2015 3 398,279 323,279 248,279 173,279
2016 Budget 1 314,691 314,69 1 314,691 314,691
2017 Budget N/A 369,942 369,942 369,942 369,942
2007 2 539,790 589,790 639,790 689,790

2008 0 899,673 899,673 899,673 899,673
2009 5 450,443 575,443 700,443 825,443
2010 3 554,198 629,198 704,198 779,198
2011 0 1,002,683 1,002,683 1,002,683 1,002,683
2012 1 326,800 351,800 376,800 401,800
2013 2 416,870 466,870 516,870 566,870
2014 2 339,161 389,161 439,161 489,161
2015 3 490,357 565,357 640,357 715,357
2016 Budget 1 500,000 500,000 500,000 500,000
2017 Budget N/A 500,000 500,000 500,000 500,000
121
LAWYERS FUND FOR CLIENT PROTECTION
Fund Balance and Net Income 2007-2017
$3,000,000
$2,828,922
$ 2,458,980
$2,500,000
$2, 144,289
$ 2,000,000
$ 1,746,010
$ 1,500,000
$1,213,602
$1,000,000
$791,399
$ 500,000
$699,239
$434,822
~f I ,. J, s~,4r8 I $398,2p9 I _L I $ 369,9112
'ffl
$261,318
$231,804
n
$184,640
$ ( 96,9 ~6) $(47.16 4 n $(173,5~

s- c:::::ll
f;Ju 2013 2014 2015 2016 Budget 2017 Budce t
07 zd o8 2009 2010 2012
$(500,000)
$(467,435) l!!l Net Income (Loss) O Fund Balance
122
Gifts to Injured Clients
2007-2017
1,200,000.00
$1,002,683
1,000,000.00
$899,673
800,000.00
600,000.00 $554,198
$539,190
$490,357 $500,000 $500,000
$450,443
$416,870
400,000.00 $339,161
$326,800
200,000.00
2010 2011 2012 2013 2014 2015 2016 Budget 2017 Budget
2007 2008 2009
El Gifts to lnju red Clients
123
Projected Net Income and Fund Balance with $100,000 Gift Limit
$3,000,000
$2,500,000 $2,378,923
$2,008,981
$2,000,000
$1,694,290
$1,500,000 $1,371,011
$1,000,000 $888,602
n .,. . ,.
$649,239
$516,400
$482,4b8
$500,000 $505,0m81
. $372,2b3 $369,9112
$175,183 $184,823
$-
$9,640
rn $11,319
-r
MJ07
$(146,916)
Lfo8
i
: 2<l09 2010 2<lll
$(173,504)
2012 2013 2014 2015 2016 Budget 2017 Budget
$(172,164)
$(500,000)
$(467,435) If! Net Income (Loss) 0 Fund Balance
124
Projected Gifts to Injured Clients
with $100,000 Gift Limit
1,200,000.00
$1,002,683
1,000,000.00
$899,673
800,0 00.00
$629,198
$589,790 $575,443 $565,357
600,000.00
$500,000 $500,000
$466,870
$389,161
400,000.00 $351,800
200,000.00
2009 2010 2011 2012 2013 2014 2015 2016 Budget 2017 Budget
2007 2008
El Gifts to Injured Clients
125
$2,500,000
$2,000,000 $1,928,923
$1,558,981
$1,500,000
$1,244,290
$996,011
$1,000,000
$599,239
$480,081 $563,602
$432,41l8
$500,000
Gk :fl
$369,9~2
11 $248,2179
$314,G!U
l ri
$131,804 $100,183
n 111
[31
I
o
$-
rzdu-1
~
2012 2013 2014 2015 2016 Budget 2017 Budget
$ (65,177) L--LJ
$(196,916) 60)
$ ( 173,504) $ (238,681)
$(297,164)
$(500,000)
$(467,435)
~ Net Income (Loss) O Fund Balance
126
with $125,000 Gift limit
1,200,000.00
$1,002,683
1,000,000.00
$899,673
800,000.00
$700,443 $704,198
$639,790 $640,357
600,000.00
$516,870 $500,000 $500,000
$439,161
$376,800
400,000.00
200,000.00
2011 2012 2013 2014 2015 2016 Budget 2017 Budget

2007 2008 2009 2010
El Gifts to Injured Clients
127
$2,000,000
$1,478 ,923
$ 1,500,000
5 1,108,981
$1,000,000
$794,290
$621,011
$549,239
$500,000 $455,081
$382,40 $369,9P2
$272,203 $314,691
$-
27
$81,804
$ 25,183
2ai1
D 01'"l=:J
2012
$ (33,600)
2013 2014 2015 2016 Budget 2017 Budget
$ (246,916)
$(488Jj81)
$(422,164)
$(500,000) $(467,435)
~ Net Income (Loss) O Fund Balance
128
with $150,000' Gift limit
1,200,000 .00
$1,002,683
1,000,000.00
$899,673
$825,443
$779,198
800,000.00
$715,357
$689,790
$566,870
600,000.00
$500,000 $500,000
$489,161
$401,800
400,000.00
200,000.00
2011 2012 2013 2014 2015 2016 Budget 2017 Budget

2007 2008 2009 2010
O Gifts to Injured Clients
129
130
131
WSBA
Paula C. Littlewood direct line: 206-239-2120
Executive D irector fax: 206-727-83 16
e-mail: paulal@wsba.org
MEMO

FROM: Paula Littlewood
RE: Generative Discussion : Law School Education and Skills for the 21st Century
Legal Professional
Attached please find two reports from the Institute for the Advancement of the
American Legal System's {IAALS) Foundations for Practice project. You'll see that one
report discusses the methodology employed for the survey and project and the second
report contains the main findings.
Alli Gerkman, IAALS Director for Educating Tomorrow's Lawyers, will join us to present
the survey results. Alli presented the results at last year's Westerns States Bar
Conference and our Governors and Officers in attendance thought the BOG would find
this information particularly interesting and relevant. I served on the oversight
committee for the Foundation for Practice project, and, as I conveyed to the Board
during the time IAALS was developing and implementing the survey, I joined the
oversight committee because I believe this approach of beginning with data from the
profession about what skills, attributes and characteristics would be helpful from an
attorney's legal education standpoint was an unique and robust way to begin a dialogue
with the academy about any curricular reform.
After Alli's presentation and any discussion with the Board and those in attendance at
the BOG meeting, the generative discussion will be open to any discussion of interest on
the topic. The three deans from our state law schools have been invited to join in the
discussion and plan to be in attendance.
Working Together to Champion J ttstice

Washington State B ar Association 1325 Fourth Avenue, Suite 600 / Seattle, WA 98101 206-239-2120 / fax: 206-727-8310
132
Alli Gerkman
Director, Educating Tomorrow's Lawyers
Alli Gerkman is Director of Educating Tomorrow 's Lmvyers, a national initiative to align legal
education with the needs of an evolving profession. She became Director of the initiative in
2013, and has been part of its team since its launch in 2011.
She leads all major projects of Educating Tomorrow's Lawyers, including Foundations for
Practice, which is identifying the foundations entry-level lawyers need to practice and steering
legal education toward that end; By the Numbers, which seeks to give prospective students better
information about where and whether to go to law school so they can be more engaged with their
decision and its outcomes; and Law School Curriculum, which supports the work of forward-
thinking legal educators and law schools, encourages collaboration among educators and the
profession, and promotes measurement of program outcomes.
Prior to joining IAALS, she spent five years in continuing legal education, first developing
programs for a national provider and then developing the online offerings at the Colorado Bar
Association CLE. While at CBA-CLE, she developed an online legal resource that was the
recipient of the Association of Continuing Legal Education's 2011 Award of Professional
Excellence for use of technology in education. Prior to her work in continuing legal education,
she was in private practice.
Gerkman is a commissioner of the Colorado Chief Justice' s Commission on Professional

Development; a member of the Limited License Legal Technicians Subcommittee of the
Colorado Supreme Court Advisory Committee; a member of Colorado's Mandatory Continuing
Legal and Judicial Education Rules Committee; a member of the Colorado Bar Association
Board of Governors; a board member of the Colorado Women's Bar Association; a member of
the National Advisory Council for Law School Transparency; and a member of the Editorial
Review Board for Touro Law Center's Journal of Experiential Leaming. She is also a fellow of
the American and Colorado Bar Foundations and a member of the Colorado Women's Bar
Foundation Circle of Minerva.
She received her J.D . from DePaul University College of Law and her B.A. from James Madison
College at Michigan State University, where she majored in Political Theory & Constitutional
Democracy.
133
SURVEY OVERVIEW AND
METHODOLOGICAL APPROACH
134
Foundations for Practice is a national, multi-year project of Educating Tomorrows Lawyers designed to:
1. Identify the foundations entry-level lawyers need to launch successful careers in the legal profession;
2. Develop measurable models of legal education that support those foundations; and
3. Align market needs with hiring practices to incentivize positive improvements.
135
FOUNDATIONS
FOR PRACTICE
SURVEY OVERVIEW AND
METHODOLOGICAL APPROACH
Alli Gerkman
Director, Educating Tomorrows Lawyers
Logan Cornett
Research Analyst
July 2016
For reprint permission please contact IAALS.

Copyright 2016 IAALS, the Institute for the
Advancement of the American Legal System.
All rights reserved.
136
IAALSInstitute for the Advancement of the American Legal System
John Moye Hall, 2060 South Gaylord Way, Denver, CO 80208

Phone: 303-871-6600
http://iaals.du.edu
IAALS, the Institute for the Advancement of the American Legal System, is a national,
independent research center at the University of Denver dedicated to facilitating continuous
improvement and advancing excellence in the American legal system. We are a think tank
that goes one step furtherwe are practical and solution-oriented. Our mission is to forge
innovative solutions to problems in our system in collaboration with the best minds in the
country. By leveraging a unique blend of empirical and legal research, innovative solutions,
broad-based collaboration, communications, and ongoing measurement in strategically
selected, high-impact areas, IAALS is empowering others with the knowledge, models, and
will to advance a more accessible, efficient, and accountable American legal system.
Rebecca Love Kourlis Executive Director, IAALS

Alli Gerkman Director, Educating Tomorrows Lawyers
Logan Cornett Research Analyst
Caitlin Anderson Legal Assistant, Educating Tomorrows Lawyers
Educating Tomorrows Lawyers is an initiative of IAALS dedicated to aligning legal education

with the needs of an evolving profession. Working with a Consortium of law schools and a
network of leaders from both law schools and the legal profession, Educating Tomorrows
Lawyers develops solutions to support effective models of legal education.
137
Table of Contents
Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
The Survey. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Survey Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Survey Distribution and Response Rate. . . . . . . . . . . . . . . . . . . . . . . . . . . 4
The Respondents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Demographics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Practice-Related Characteristics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
138
Introduction
Educating Tomorrows Lawyers (ETL) is an initiative of the Institute for the Advance-
ment of the American Legal System (IAALS) dedicated to aligning legal education
with the needs of an evolving profession. ETL fosters a constructive national dialogue
among stakeholders, while conducting research to build informed approaches to
improving legal education.
Foundations for Practice is a national, multi-year project of ETL designed to:

Identify the foundations entry-level lawyers need to launch successful
careers in the legal profession;
Develop measurable models of legal education that support those
foundations; and
Align market needs with hiring practices to incentivize positive
improvements.
We developed a national survey to ascertain the legal professions perspective on the

skills, characteristics, and competencies that new lawyers need to succeed.
The Survey
The stated goal of this first step in the multi-year Foundations for Practice research
was to ascertain the legal skills, professional competencies, and characteristicscol-
LEGAL SKILLS lectively referred to as foundationsthat practicing attorneys identified as needed for
entry-level lawyers to launch successful careers in the legal profession. While other
PROFESSIONAL researchers have conducted studies in a similar spirit, the Foundations for Practice
COMPETENCIES survey is currently the most comprehensive effort undertaken, with respect to both its
exhaustive content and its national scope.
CHARACTERISTICS
FOUNDATIONS
1 FOUNDATIONS FOR PRACTICE

139
Survey Development
Working from the existing literature in this area,1 law firm core competencies ob-
tained from employers, and input from a diverse group of experts in the field, we
developed a survey capable of capturing the range of foundations new lawyers may
need to be successful in their field and the degree to which those foundations are
required, as well as an array of respondent characteristics and attributes. Thus, this
instrument allows us to fully understand what the profession considers important,
desirable, or inconsequential for new lawyers, and to dissect the information to de-
termine how these foundations differ (or remain similar) across a variety of respon-
dent groups.
Given the unique nature of this effort, one challenge we faced in developing the sur-
vey instrument was determining an appropriate set of response options for the indi- What foundations
are necessary in
vidual foundations. A Likert-type scale placing agreement or importance on one end the short term?
of the spectrum and disagreement or unimportance on the otherthe most common
Which must be
type of scale employed in survey researchwas not appropriate for this instrument, acquired over time?
as such a scale would not allow us to adequately distinguish between foundations
that must be developed by the time a student leaves law school and enters his or her Are some
advantageous
career and foundations that may be developed after law school and over the course but not necessary?
of the lawyers career. To overcome the apparent shortcomings of a more traditional
Whats not
survey scale, we created a novel ranking scale with response options including neces- relevant at all?
sary in the short term, must be acquired over time, advantageous but not necessary, and
not relevant.2
Another challenge in developing the survey instrument was balancing the desire to
present a comprehensive list of foundations with the need to avoid duplication in
the foundations included. Through a process of consulting the literature, seeking
guidance from experts, and brainstorming, we began with more than 210 individual
foundations in the original draft of the survey instrument. We were able to signifi-
cantly decrease the number of foundations by ferreting out areas of overlap, then
collapsing or removing items where appropriate. Importantly, rather than asking for
general impressions of what foundations a person embarking upon their first year of
law-related work needs, the survey instrument instructed attorneys to respond in the
1 We referred to Marjorie Maguire Shultz and Sheldon Zedeck, Final Report
Identification, Development and Validation of Predictors for Successful Lawyering
(2009), available at http://ssrn.com/abstract=1353554 and ABA Section of Legal Education
and Admissions to the Bar, Legal Education and Professional Development
An Educational Continuum (Report of the Task Force on Law Schools and the
Profession: Narrowing the Gap) (1992), among others.
2 The survey defined the response options as: necessary immediately for the new lawyers success
in the short term; not necessary in the short term but must be acquired for the lawyers continued
success over time; not necessary at any point but advantageous to the lawyers success; not relevant
to success in this type of organization, specialty, or department.
FOUNDATIONS FOR PRACTICE 2

140
context of their specific type of organization, specialty, or department.
In addition to respondent attributes and assessments of the necessity of each foundation, we wanted to understand
how attorneys viewed the helpfulness of the multitude of resources commonly used as hiring criteria for new attor-
neys, such as class rank, experiential education, clerkships, and recommendations. Finally, the survey instrument
contained items by which attorneys could indicate their agreement with two statements related to the timing of
specialization in a particular practice area, either during law school or in the first few years of practice.
Certainly, with the number of survey questions exceeding 170, the unique and monumental task undertaken in
this survey effort required an instrument not for the faint of heart. Ultimately, the final version of the survey in-
strument sought to capture the following from each attorney respondent:3
Demographics and Practice-Specific Characteristics
Gender
Racial and ethnic background
Income
Primary work setting
Type of practice
Area of expertise
Interactions with new lawyers in the workplace
Office location
Years of experience
Law school attended
Substantive Information
Degree of necessity for each of the 147 presented foundations
Helpfulness ranking for each of 17 hiring criteria
Appropriate timing of specialization in a particular practice area
3 The Foundations for Practice survey is available at http://iaals.du.edu/sites/default/files/documents/publications/ffp_survey_paper_

version.pdf.

141
Survey Distribution and Response Rate 37 STATES
In order to reach the largest possible number of attorneys, we worked with state bar
organizations4 in participating states to coordinate distribution of the survey to the ATTORNEYS
780,694
entirety of their respective memberships. In total, bar associations in 37 states agreed SURVEYED
to disseminate electronic links to the survey. Overall, bar organizations facilitated
distribution of the survey instruments to an estimated 780,694 attorneys.5 VALID
24,137
RESPONSES
Figure 1 presents participating states, as well as the number of attorneys who re-
ceived an invitation to complete the survey in each state.6
Figure 1: Participating States and the Number of Survey Recipients

by State 7
24,011
Washington 4,971
New Hampshire
2,416 2,686
Montana North Dakota
10,700
12,099 Minnesota
Oregon
5,811 18,653 160,442

Idaho Wisconsin New York
1,700 39,000
Wyoming Michigan 6,600
5,895 23,054 Rhode Island
5,287 Iowa Pennsylvania
6,079 Nebraska
Nevada 4,680
11,000 32,283 8,789 Delaware
Indiana 9,000
Utah 37,000 Illinois
West Virginia 16,679
Colorado Maryland
44,060 11,250 29,286 17,262
California Kansas Missouri Kentucky
19,500
9,939 North Carolina
15,470 Tennessee
9,281 Oklahoma
New Mexico
11,000 17,150 40,979

Mississippi Alabama Georgia
16,000
Texas 18,200
Louisiana
82,440
Florida
4 In California, seven local bar associations distributed the survey, as opposed to the State Bar of
California.
5 Unfortunately, the exact number of people who received an invitation to complete the survey
cannot be known. First, as noted in a previous footnote, many states were unable to provide an
exact count of the number of attorneys to whom they sent a survey link. Second, because the
distribution approach did not allow for sending unique survey links to each attorney, the intended
recipients of the links may have further distributed it amongst their contacts; thus, potentially
providing an avenue for attorneys who were not state bar association members to receive
survey links.
6 Some of the numbers presented in the map represent exact numbers, while others represent a best
estimate of recipients provided by the bar organization for that state.
7 The relatively low numbers in Texas and California reflect the distribution in those states. Seven
local bar associations distributed the survey in California (San Francisco, Contra Costa County,
Los Angeles County, Monterey County, San Diego County, Santa Barbara County, and Riverside
County). The State Bar of Texas sent the survey link to a random active membership sample of
16,000.

142
As alluded to above, the survey was administered using anonymous electronic survey links.8 Generally speaking,
a representative from within each participating organization sent an email to its constituency containing infor-
mation about the survey and the link by which to complete it. However, in some cases, the state bar association
included the link in a more broad-purpose communication, such as an e-newsletter. Distribution occurred on a
rolling basis from November 13, 2014, to April 15, 2015, with Washington being the first state and Texas being the
last state to distribute the survey link.
In total, we received 24,137 valid responses9 to the survey, with respondents reporting office locations in all 50
states (as well as a number of territories and foreign locations).10 Thus, the estimated response rate is 3.1%, with a
margin of error of 0.6% at a 95% confidence level. Note that, although the proportion of attorneys who responded
to the survey would appear to be relatively low, the high number of responses yields a more-than-acceptable margin
of error11 at the conventional confidence level. This means that we can interpret the results with a high degree of
confidence that the numbers reported are extremely close to what we would observe if we had responses from the
full population.
8 All surveys were completed electronically, with the exception of 7 completed in hard copy. Qualtrics, a survey software available
through the University of Denver, was the survey platform utilized.
9 A response was considered valid as long as the respondent provided answers for at least one of the substantive items and identified as
holding either a position providing legal services or a position for which a J.D. was advantageous (or indicated a plan to return to such
a position).
10 In order to most accurately report the findings for each state, we defer to the respondents reported office location, rather than the state
bar that distributed the survey link to the respondent, in classifying respondent state.
11 Although there is no hard-and-fast rule, generally, an acceptable margin of error is 5%, with the ideal being 3% or lower.

143
The Respondents
Attorney respondents represent a multi-faceted and varied group on all measured dimensions, including
demographics and practice-related characteristics. The sections below delve into each of these in detail.
Demographics
Gender. Men (59%) represented a larger proportion of the respondent group than did women (41%);12
however, this is roughly consistent with the proportions of men and women who are licensed attorneys in the
United States65% and 35%, respectively.13
Figure 2: Gender (n = 18350)
Women
41.5%
Men
58.5%
12 This calculation, along with all others presented, includes only those who provided a response to the specific itemthose who left the
survey item blank or indicated prefer not to answer have been removed from the relevant calculation.
Lawyer Demographics, Year 2015, Am. Bar Assn (2015), http://www.americanbar.org/content/dam/aba/administrative/market_
13
research/lawyer-demographics-tables-2015.pdf.

144
Racial and Ethnic Background. At just over 90%, White non-Hispanic14 attorneys made up the broad majority of
the respondent pool. The second largest, but substantially smaller, groups were Hispanics and Black or African-
American non-Hispanics, each of which represent 3% of respondents. About 2% indicated being multi-racial.15
While it may seem that these numbers slant heavily toward Caucasian respondents, closer inspection reveals that
they largely mirror the national numbers of attorneys in each racial and ethnic group. Indeed, the 2010 U.S. Census
data shows that 88% of practicing attorneys are White non-Hispanics, while 5% are Black or African-American
non-Hispanic and 4% are Hispanic.16
Figure 3: Racial and Ethnic Background (n = 16858)
Hispanic 2.8%
Black, non-Hispanic 2.7%

White, non-Hispanic Multiracial 1.7%
90.5%
Other identities 2.3%
14 The U.S. Census treats Hispanic as an ethnic identity; Hispanics may identify as any race. In order to maintain consistency and
comparability with U.S. Census data, we have chosen to report racial and ethnic background in an identical manner.
15 The remaining 2% were either Asian, American Indian/Alaska Native, Pacific Islanders, or indicated Other.
Lawyer Demographics, Year 2015, supra note 13. The ABA demographic statistics cite to the U.S. Census, which collects employment
16
statistics including sex, race, and Hispanic origin by occupation. Industry and Occupation, U.S. Census Bureau, http://www.census.
gov/people/io/ (last visited May 23, 2016).

145
Income. Attorney respondents tended to be in the mid-range with respect to annual income. One-third (33%)
reported an income between $50,000 and $99,999, while just over one-quarter (26%) earned between $100,000 and
$149,000. Smaller proportions of respondents reported an annual income of less than $50,000 (9%), $150,000 to
$199,999 (13%), or more than $200,000 (19%).
Figure 4: Income (n = 17775)
Under $50,000
8.8%
$250,000
and above
12.1%
$50,000 to
$99,999
33.2%
$
$200,000 to
$249,999
6.5%
$150,000 to
$199,999
13.1%
$100,000 to
$149,999
26.3%

146
Practice-Related Characteristics
Type of Position.17 About two-thirds of respondents (65%) reported working in a position providing legal services,
while only 10% reported working in a position for which a JD is advantageous. A sizeable minority (25%) reported
working in a position both providing legal services and for which a JD is advantageous.
Figure 5: Type of Position (n = 24137)
All Legal Services

90.4%
JD
Legal Services Only Both Advantage
65.0% 25.4% Only
9.6%
All JD Advantage
35.1%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
17 Calculations include respondents who currently work in such positions and those who expressed an intent to return to such positions.

147
Primary Work Setting. A majority (58%) of respondents identified private practice as their most recent primary
work setting, with about one in five (19%) being solo practitioners and one in four (23%) working in firms with
between two and ten attorneys. Attorney respondents were spread across a wide variety of additional practice
settings, though no other setting represented more than 10% of respondents. These proportions generally align
with national data on attorney practice settings, where private practice constitutes the largest percentage by a wide
margin, followed by government practice (75% and 8%, respectively).18
Figure 6: Primary Work Settings (Collapsed) (n = 23080)

Other
8.4%
Education
3.3%
Public Interest/
Non-Profit
1.2%
Legal Services/
Public Defender
3.9%
Government
17.8%
Private Practice
57.8%
Business In-house
7.6%
Lawyer Demographics, Year 2015, supra note 13. Note that there are fewer categories listed in the cited source than were presented in
18
the Foundations for Practice survey.

148
Figure 7: Primary Work Settings (n = 23080)
GOVERNMENT: ADR NEUTRAL: 0.3%
Public counsel to
governmental 2.8% PUBLIC INTEREST:
bodies or individuals
Public criminal defender 2.0%
Managerial or administrative 2.2%
Policy advocacy organization 0.3%
In-house legal staff
for governmental 6.1% Legal services organization 1.9%
entity or organization
Criminal prosecutor 3.4%

PRIVATE LAW PRACTICE:
Private law practice; 751-1000 0.5%
COURT NEUTRAL: 5.4% Private law practice; 51-100 2.2%
Private law practice; 501-750 0.9%
BUSINESS: Private law practice; 251-500 1.5%
Managerial or administrative 2.9% Private law practice; 2-10 22.7%
In-house counsel; 751-1000 0.0% Private law practice; 11-50 8.2%
In-house counsel; 51-100 0.5% Private law practice; 101-250 2.2%
In-house counsel; 501-750 0.1% Private law practice; 1000+ 0.6%
In-house counsel; 251-500 0.3% Private law practice; 1 18.8%
In-house counsel; 2-10 3.0% Unspecified Size 0.1%
In-house counsel; 11-50 1.5%
In-house counsel; 101-250 0.4% POLITICS: Politician/staff

0.2%
or lobbyist
In-house counsel; 1000+ 0.1%
In-house counsel; 1 1.7% NON-PROFIT:

Managerial or administrative 1.0%
ALTERNATIVE In-house counsel; 51-100 0.0%

LEGAL SERVICES:
Direct to consumer 0.2%
Business to business 0.7%
In-house counsel;1 0.3%

ACADEMIC/EDUCATION:
Researcher or policy analyst 0.2% NEW GRADUATE NOT

Managerial or administrative 0.8% CURRENTLY IN 0.3%
LAW-RELATED WORK:
Faculty 2.0%
Adjunct professor 0.3% MILITARY: 0.3%
0% 5% 10% 15% 20% 25% 0% 5% 10% 15% 20% 25%

149
Type of Practice. Two-thirds (66%) of respondents worked in litigation, while 40% had a transactional practice
and 22% had a regulatory practice. Just over one in ten (13%) attorney respondents indicated they did not
currently practice law. Because attorneys may have more than one practice type, respondents were allowed to
select all applicable optionsthus, the reported percentages add up to more than 100%.
Area of Expertise. Attorney respondents were asked to select up to three areas of expertise from an extensive list
of options. Criminal law (17%), general civil litigation (16%), and family law (15%) were the most common areas
of expertise. Figure 8 below presents the proportion of respondents who selected each option.19
Figure 8: Areas of Expertise (n = 23837)

Administrative 8.4%
Admiralty and Maritime 0.6%
Agriculture 0.6%
Alternative Dispute (as a neutral) 3.4%
Antitrust and Trade Regulation 0.5%
Appellate 5.3%
Aviation and Aerospace 0.3%
Banking 1.8%
Bankruptcy 4.3%
Business 8.0%
Civil Rights 3.0%
Class Actions 0.9%
Commercial 4.8%
Communications 0.4%
Constitutional 2.3%
Construction 2.8%
Consumer 1.7%
Contracts 8.3%
Corporate 6.5%
Criminal 17.4%
Debtor and Creditor 2.8%
Disability 1.8%
Education 2.1%
Elder 2.5%
Election, Campaign, and Political 0.6%
Eminent Domain 0.4%
Employee Benefits 1.2%
Energy 1.7%
Entertainment 0.4%
Environmental 2.4%
Family 15.2%
Finance 1.7%
0% 5% 10% 15% 20%
19 There was a small group of respondents (1.2%) who did not select an area of expertise.

150
General Civil Litigation 16.3%
General Practice 8.1%
Government 8.7%
Government Contracts 1.5%
Health Care 3.1%
Housing 1.1%
Human Rights 0.4%
Immigration 1.8%
Indians and Native Populations 0.7%
Insurance 5.5%
Intellectual Property 3.7%
International Trade 0.6%
Internet 0.5%
Investment 0.4%
Juvenile 4.2%
Labor and Employment 7.5%
Legal Malpractice 0.7%
Media 0.2%
Medical Malpractice 2.7%
Mergers and Acquisitions 1.3%
Military 0.6%
Natural Resources 1.4%
Occupational Safety and Health 0.2%
Personal Injury 9.4%
Poverty and Government 1.0%
Products Liability 2.2%
Professional Liability 1.7%
Public International 0.3%
Real Estate 12.3%
Securities 1.8%
Sports 0.2%
Taxation 3.8%
Technology and Science 0.9%
Toxic Torts 0.7%
Transportation 0.6%
Trusts and Estates 7.6%
White Collar Crime 0.9%
Wills and Probates 9.8%
Workers Compensation 3.3%
Zoning, Planning, and Land Use 2.1%
Other 2.7%
0% 5% 10% 15% 20%

151
New Lawyers in the Workplace. Just under one-third (30%) reported having a role in hiring new lawyers, yet a
broad majority (70%) did not. Similarly, just over a third (35%) of respondents reported having a role in supervis-
ing new lawyers, but the remaining two-thirds (65%) did not. A larger proportionabout half (49%)reported
working with new lawyers on substantive matters, committees, or other meaningful projects. Figure 9 provides
more detail on respondents work with new lawyers. In terms of junior lawyer hiring practices, a little more than
half (51%) of respondents reported that most junior lawyers hired in their workplace are hired as entry-level
candidates, while about one-quarter (26%) reported that most junior lawyers were hired laterally after training at
another firm or organization; the remaining quarter (23%) reported a split between hiring junior lawyers as entry-
level candidates and lateral hires.20
Figure 9: Interactions with New Lawyers in the Workplace 21
30.4%
I have a role in hiring
new lawyers. 15.0%
(n = 24059)
54.6%
Yes
35.1%
I have a role in
15.6% Not currently, but
supervising new lawyers.
within the last five
(n = 24019) years
49.3%
Not currently, and

not within the last
five years
I work with new lawyers on 48.8%
substantive matters, committees, 14.5%
or other meaningful projects.
(n = 24019) 36.7%
0% 20% 40% 60% 80% 100%
20 This calculation excludes respondents who indicated that the question was not applicable or that they were unsure.
21 The presented values include solo practitioners, as it is conceivable that they could have contact with new lawyers in a manner relevant
to the question. However, to ensure inclusion of these attorneys was not skewing the data, we ran the calculations excluding solo
practitioners. The proportions were virtually identical, with the largest difference being that 5.1% more (53.9%) respondents indicated
yes to the statement I work with new lawyers on substantive matters, committees, or other meaningful projects.

152
Office Location. In terms of developed environment, the vast majority (87%) of attorney respondents practiced in
and around citieshalf (50%) of respondents practiced in urban areas, while just over two-thirds (37%) practiced
in suburban areas.22 Substantially fewer (13%) attorney respondents had a rural practice. The most commonly
reported practice locations were Portland, Oregon (3%), New York, New York (2%), and Seattle, Washington (2%).
Years in Practice and Law School Attended. Respondents ran the gamut in terms of number of years in practice.
The shortest amount of time since law school graduation was one year and the longest was 74 years; the average
was 21.7 years. Figure 10 below illustrates the distribution of respondent years since law school graduation. Just
over one in four (29%) respondents attended a tier one law school; 8% attended a top 14 law school.23 Almost
one-third (30%) attended a tier two school, while about one-quarter (26%) attended a tier three law school. The
remaining 15% attended a law school that was either unranked or not subject to ranking (e.g., foreign or unaccred-
ited). The most commonly reported law schools from which respondents graduated were Thomas M. Cooley Law
School (2%), Lewis and Clark College (2%), and Wayne State University (2%).
Figure 10: Years Since Law School Graduation (n = 23099)
11-20
20.0%
1-10
28.9%
21-30
20.6%
31+
30.5%
22 To determine the developed environment, we used respondents city data combined with the GreatData Rural Urban Suburban Codes
Database, containing zip codes and cities classified based on three key factors: population density (people per square mile), distance
from nearest city, and size of the nearest city (urban and suburban areas extend farther for larger cities). Rural Urban Suburban Data,
GreatData, http://greatdata.com/rural-urban-data (database on file with authors). If a city was not in the database, we used the
following census population density statistics to designate the city as urban (3000+ persons per square mile), suburban (1000-3000
persons per square mile), or rural (fewer than 1000 persons per square mile).
23 Reported ranks are drawn from the 2016 U.S. News and World Report rankings. U.S. News & World Report, Best Graduate
Schools 2016 100-107 (2015).

153
Figure 11: Law School Tier (n = 18052)
Tier 2
Tier 1
30.1%
29.1%
Unranked
or Not
Applicable Tier 3
15.0% 25.8%
Conclusion
This survey was a significant undertaking and resulted in a rich data set that we believe will advance research and
action to improve legal education and to ensure that new lawyers are positioned to launch successful careers, enter
the profession, and serve the needs of their clients. We partnered with many people and organizations across the
country to administer the survey and are grateful to the bar organizations, courts, lawyers, judges, and legal educa-
tors who made this possible.

154
Foundations for Practice Advisory Group
We are thankful for our advisory group, which guided us from survey design and distribution to initial
results analysis. The group is comprised of legal employers of all shapes and sizes, and representatives of
national organizations representing the profession.
James J. Bender WPX Energy, Inc. (Ret.)

Justice Rebecca Berch Arizona Supreme Court
Heather Bock Chief Professional Development Officer, Hogan Lovells US LLP
Nick Catanzarite Judge, Grand County Court,
Fourteenth Judicial District of Colorado
Cynthia Coffman Colorado Attorney General
Stanton Dodge Executive Vice President and General Counsel,
DISH Network LLC
Carolyn Elefant The Law Offices of Carolyn Elefant
Rew Goodenow NCBP; Parsons Behle & Latimer
Hugh Gottschalk President, Wheeler Trigg ODonnell
Linda Klein ABA; Baker Donelson
Keith Lee Hamer Law Group
Paula Littlewood NABE; ABA Task Force; Executive Director,
Guillermo Mayer President & CEO, Public Advocates
Erica Moeser President, NCBE
Ann Roan Training Director, Colorado State Public Defender
Alon Rotem General Counsel, Rocket Lawyer
Douglas G. Scrivner Former General Counsel & Secretary, Accenture PLC
John Suthers Former Colorado Attorney General

155
Educating Tomorrows Lawyers Consortium Schools
Educating Tomorrows Lawyers partners with law schools that are committed to our mission of aligning legal
education with the needs of an evolving profession. Member schools join the Consortium to support the collective
work of Educating Tomorrows Lawyers and to collaborate with schools, educators, lawyers, employers, and others
who are making a difference in the way we educate tomorrows lawyers.
Albany Law School Southwestern Law School
American University Washington Stanford Law School

College of Law
Stetson University College of Law
Boston College Law School
Suffolk University Law School
Cornell University Law School
Texas Southern University Thurgood Marshall
Georgetown University Law Center School of Law
Golden Gate University School of Law The University of Oklahoma College of Law
Hofstra University Maurice A. Deane Touro College Jacob D. Fuchsberg Law Center
School of Law
University of California - Hastings
Indiana University Maurer School of Law College of the Law
Loyola University Chicago School of Law University of California - Irvine School of Law
Loyola University New Orleans College of Law University of Denver Sturm College of Law
Mercer University Walter F. George University of Miami School of Law

School of Law
University of New Hampshire School of Law
New York University School of Law
University of New Mexico School of Law
Northeastern University School of Law
University of Pittsburgh School of Law
Pennsylvania State University Dickinson
University of Southern California Gould
School of Law
School of Law
Pepperdine University School of Law
University of the Pacific McGeorge School of Law
Regent University School of Law
Washington and Lee University School of Law
Seattle University School of Law

156
Institute for the Advancement of the American Legal System
University of Denver
John Moye Hall, 2060 South Gaylord Way
Denver, CO 80208
Phone: 303.871.6600 http://iaals.du.edu
157
THE WHOLE LAWYER AND
THE CHARACTER QUOTIENT
158
Foundations for Practice is a national, multi-year project of Educating Tomorrows Lawyers designed to:
1. Identify the foundations entry-level lawyers need to launch successful careers in the legal profession;
3. Align market needs with hiring practices to incentivize positive improvements.
159
FOUNDATIONS
FOR PRACTICE
THE WHOLE LAWYER AND
THE CHARACTER QUOTIENT
Alli Gerkman
Director, Educating Tomorrows Lawyers
Logan Cornett
Research Analyst
July 2016
For reprint permission please contact IAALS.

Copyright 2016 IAALS, the Institute for the
Advancement of the American Legal System.
All rights reserved.
160
IAALSInstitute for the Advancement of the American Legal System
John Moye Hall, 2060 South Gaylord Way, Denver, CO 80208

Phone: 303-871-6600
http://iaals.du.edu
IAALS, the Institute for the Advancement of the American Legal System, is a national,
independent research center at the University of Denver dedicated to facilitating continuous
improvement and advancing excellence in the American legal system. We are a think tank
that goes one step furtherwe are practical and solution-oriented. Our mission is to forge
innovative solutions to problems in our system in collaboration with the best minds in the
country. By leveraging a unique blend of empirical and legal research, innovative solutions,
broad-based collaboration, communications, and ongoing measurement in strategically
selected, high-impact areas, IAALS is empowering others with the knowledge, models, and
will to advance a more accessible, efficient, and accountable American legal system.
Rebecca Love Kourlis Executive Director, IAALS

Alli Gerkman Director, Educating Tomorrows Lawyers
Logan Cornett Research Analyst
Caitlin Anderson Legal Assistant, Educating Tomorrows Lawyers
Educating Tomorrows Lawyers is an initiative of IAALS dedicated to aligning legal education

with the needs of an evolving profession. Working with a Consortium of law schools and a
network of leaders from both law schools and the legal profession, Educating Tomorrows
Lawyers develops solutions to support effective models of legal education.
161
Acknowledgements
This research was made possible by the generous contributions

of the following individuals and organizations:
Corina D. Gerety
Kevin C. Keyes
The Foundations for Practice Advisory Group
Educating Tomorrows Lawyers
Law School Consortium
Vantage Evaluation
(Elena Harman, Ph.D., and Margaret Schultz Patel)
Telluride Research Group

The William and Flora Hewlett Foundation
Access Group
Participating Bar Organizations and Courts
162
163
Table of Contents
Executive Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
What Makes a Good Lawyer?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Why Foundations for Practice Matter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
The Whole Lawyer and the Character Quotient. . . . . . . . . . . . . . . . . . . . . . . 5
Analysis of Results by Survey Category . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Parts of the Whole Lawyer: Comparing Characteristics, Professional

Competencies, and Legal Skills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
The Foundations for Practice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Putting Foundations for Practice into Practice. . . . . . . . . . . . . . . . . . . . . . . . 35
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
164
Executive Summary
The employment gap for law school graduates is well-documented. Almost 40% of 2015 law graduates did not secure
full-time jobs requiring a law license and only 70% of 2015 graduates landed a full-time job that either required a law
license or gave a preference to candidates with a juris doctor. One in four 2015 graduates did not report having any
type of job, even a non-professional job, after law school.1 The employment gap is exacerbated by another gap: the gap
between the skillset lawyers want in new graduates and the skillset lawyers believe new graduates have. Only 23% of
practitioners believe new lawyers have sufficient skills to practice.2
The gap between what new lawyers have and what new lawyers need exacerbates the employment problem, but it is
even more insidious than that. When new lawyers enter the workforce unprepared or under-prepared, it undermines
the public trust in our legal system. Something has to shift. And for something to shift, we had to understand exactly
what new lawyers need as they entered the profession.
So we asked. In late 2014, we launched Foundations for Practice (FFP), a national, multi-year project designed to:
1. Identify the foundations entry-level lawyers need to launch successful careers in the legal
profession;
3. Align market needs with hiring practices to incentivize positive improvements in legal education.
In 2014-15, we distributed a survey to lawyers across the country. The response was overwhelming. More than 24,000
lawyers in all 50 states from a range of backgrounds and practice settings answered. Their answers are illuminating
and pose opportunities and challenges to the schools that educate lawyers and the employers that ultimately hire
them.
The Character Quotient

First, new lawyers need character. In fact, 76% of characteristics (things like integrity, work ethic, common sense, and
resilience) were identified by a majority of respondents as necessary right out of law school. When we talk about what
makes peoplenot just lawyers successful we have come to accept that they require some threshold intelligence
quotient (IQ) and, in more recent years, that they also require a favorable emotional intelligence (EQ). Our findings
suggest that lawyers also require some level of character quotient (CQ).
1 These numbers reflect long-term/full-time employment outcomes for 2015 graduates 10 months after graduation. Am. Bar Assn
Section of Legal Ed. Employment Summary Report, http://employmentsummary.abaquestionnaire.org/ (select 2015 class under
Compilation-All Schools Data) [hereinafter ABA EMPLOYMENT SUMMARY REPORT].
The BARBRI Group, State of the Legal Field Survey 6 (2015), available at http://www.thebarbrigroup.com/files/white-
2
papers/220173_bar_research-summary_1502_v09.pdf.

165
The Whole Lawyer
Second, successful entry-level lawyers are not merely legal technicians, nor are they
merely cognitive powerhouses. The current dichotomous debate that places law school
as trade school up against law school as intellectual endeavor is missing the sweet
spot and the vision of what legal education could be and what type of lawyers it should
be producing. New lawyers need some legal skills and require intelligence, but they
are successful when they come to the job with a much broader blend of legal skills,
professional competencies, and characteristics that comprise the whole lawyer.
Something for Everyone

We often think of the challenges in legal education as a law school problem. Indeed,
there are steps law schools and legal educators can and must take to improve the
way they educate lawyers. But law schools are not alone in their responsibility for
todays challenges, nor are they alone in their responsibility to address them. The legal
profession and, notably, legal employers play a significant and often underestimated role
in the perpetuation of the current systema system with which they are disenchanted.
When they fail to hire entry-level lawyers based on the skills, professional competencies,
and characteristics they desire, and hire instead on traditional criteria (such as prestige
of law school, class rank, and law review) they create incentives for law schools that
are misaligned with the objectives toward which we all must work. Using the results of
Foundations for Practice, law schools and the legal profession are empowered to join
forces to tackle the greatest problems in legal education head on.
When law schools educate students toward learning outcomes developed with feedback
from employers and employers hire based on what they say they want, we will see law
school graduates with high character quotients who embody the whole lawyer, we
will see the employment gap shrink, we will see clients who are served by the most
competent lawyers the system can produce, and we will ultimately see public trust in our
system expand.

166
What Makes a Good Lawyer?
It is a pleasant world we live in, sir, a very pleasant world. There are bad people in
it, Mr. Richard, but if there were no bad people, there would be no good lawyers.
Charles Dickens, The Old Curiosity Shop3
While writers like Dickens have long maligned lawyers, the truth is that good lawyers have played a critical role
in society and in the lives and businesses of the clients they serve. Yet, the question of what lawyers need to be
successfulto be goodis layered in opaque complexity. Elusive though an answer to the question might seem,
its pursuit is critical. It can unlock the potential to educate lawyers who are ready to begin their careers, join the
profession, serve their clients, enrich their communities, and contribute to society.
Through the Foundations for Practice study, we set out to answer this question. Many before us have posited answers
and we stand on their shoulders. Paul D. Cravath, of Cravath, Swain & Moore, a New York City law firm that has
become synonymous with prestige and privilege, said that lawyers required traits like character, industry, intellectual
thoroughness, efficiency, honesty, loyalty, and judgment.4 More recently, small-firm lawyer Keith Lee has said that
being a good new lawyer requires a beginners mind, referring to an attitude of openness, eagerness, and lack of
preconceptions when studying a subject, and that the universal overriding trait among exceptional lawyers is a
dedication to systematic, continuous improvement.5 Law professor and legal market expert William D. Henderson
said that highly effective lawyers draw upon a diverse array of skills and abilities that are seldom taught, measured, or
discussed during law school.6
In short, we agree. Our study has confirmed the import of all of these traits and characteristicsand many more. In
fact, while a study of this magnitude yields a similar magnitude of theories and paths to investigate, we have been, by
far, most struck by what our study says about the importance and urgency of characteristics and, to a lesser extent,
professional competenciesparticularly when compared with legal skills.
The lawyers we surveyednumbering more than 24,000were clear that characteristics (such as integrity and
trustworthiness, conscientiousness, and common sense), as well as professional competencies (such as listening
attentively, speaking and writing, and arriving on time), were far more important in brand new lawyers than legal
skills (such as use of dispute resolution techniques to prevent or handle conflicts, drafting policies, preparing a case
for trial, and conducting and defending depositions).
The implications of this pose many opportunities for law schools, legal employers, law students, and new lawyers,
which we discuss here.
3
Charles Dickens, The Old Curiosity Shop (1941).
4
Robert T. Swaine, The Cravath Firm and Its Predecessors, 1819-1947, Volume 1: The Predecessor Firms, 1819-1906 266
(1946).
5
Keith Robert Lee, The Marble and the Sculptor xii (2013).
6 William D. Henderson, Successful Lawyer Skills and Behaviors, in Essential Qualities of the Professional Lawyer 60 (Paul A.
Haskins, ed., 2013).

167
Why Foundations for Practice Matter
The employment gap for law school graduates is well-documented. Almost 40% of 2015
law graduates did not secure full-time jobs requiring a law license and only 70% of 2015
graduates landed a full-time job that either required a law license or gave a preference
to candidates with a juris doctor. One in four 2015 graduates did not report having any
type of job, even a non-professional job, after law school.7
Unfortunately, the employment gap runs deeper than employment rates alone.
Employers lack confidence in the preparation of law graduates. In its 2015 State of the
Legal Field Survey, BARBRI reported that 71% of third-year law students believe they
When new lawyers
have sufficient skills to practice, while only 23% of practitioners believe new lawyers
have sufficient skills to practice.8 In its recent report, White Paper: Hiring Partners Reveal enter the workforce
New Attorney Readiness for Real World Practice, Lexis Nexis reported that 95% of hiring unprepared or under-
partners and associates believe recently graduated law students lack key practical skills
at the time of hiring.9 prepared, it undermines
The gap between what new lawyers have and what new lawyers need exacerbates the
the public trust in our
employment problem, but it is even more insidious than that. When new lawyers enter legal system. Something
the workforce unprepared or under-prepared, it undermines the public trust in our
has to shift. And for
legal system. Something has to shift. And for something to shift, we had to understand
exactly what new lawyers need as they entered the profession. something to shift, we
So we asked. In late 2014, we launched Foundations for Practice (FFP), a national, had to understand
multi-year project designed to: exactly what new
1. Identify the foundations entry-level lawyers need to launch successful lawyers need as they
careers in the legal profession; entered the profession.
2. D
evelop measurable models of legal education that support those
foundations; and
3. Align market needs with hiring practices to incentivize positive

improvements in legal education.
To meet the first objective, we developed a national survey to ascertain the legal
professions perspective on the legal skills, professional competencies, and characteristics
(collectively, foundations) that new lawyers need to succeed. Then, in partnership with
state bar organizations across the country and generous individuals willing to champion
the effort, we administered the survey in 37 states during the fourth quarter of 2014
and the first quarter of 2015. The survey was sent to an estimated 780,694 lawyers, and
a total of 24,137 attorneyswith office locations in all 50 states and representing most
types of work settings and practice areassubmitted valid responses.10
Aba Employment Summary Report, supra note 1. These numbers reflect long-term/full-time
7
employment outcomes for 2015 graduates 10 months after graduation.
8 BARBRI Survey, supra note 2.
9
Lexis Nexis, Hiring Partners Reveal New Attorney Readiness For Real World Practice
1 (2015), available at https://www.lexisnexis.com/documents/pdf/20150325064926_large.pdf.
10 For a full report on our survey methodology, see Alli Gerkman & Logan Cornett,
Foundations For Practice: Survey Overview and Methodological Approach (2016),
available at http://iaals.du.edu/sites/default/files/documents/publications/foundations-for-practice-
survey-overview-and-methodological-approach.

168
The task of assessing Foundations for Practice is itself enormous, but we begin it with a
rich vein of information. We asked respondents to rate the necessity of 147 foundations
(plus two questions that allowed write-in responses); we asked fourteen questions to
identify respondent demographics and practice information; we asked about the value
of specialization in law school and in early practice; and we asked the respondents to
identify the helpfulness of employment criteria (like law school attended, class rank,
clinical experience, externships, and letters of recommendation). All of which is to
say that we have a significant amount of data and countless stories to tell from that
data. This is the first in a series of reports that will discuss survey results and make
recommendations for implementing the results.
Our findings suggest

that lawyers also The Whole Lawyer
require some level of and the Character Quotient
character quotient (CQ). With more than 24,000 responses from lawyers in all 50 states, we now have a clear
picture of what lawyers need at the point they begin their legal careers. They need to
have a blend of legal skills and professional competencies, and, notably, they require
character. In fact, 76% of characteristics (things like integrity, work ethic, common
sense, and resilience) were identified by half or more of respondents as necessary
right out of law school, while just 46% of professional competencies (like arriving on
time, listening attentively, and teamwork) were identified by half or more as similarly
necessary. Legal skills (like legal research, issue spotting, and legal analysis) were
identified by half or more of respondents as necessary right out of law school to an even
lesser degree than either characteristics or professional competencies. Specifically, fewer
than half of the legal skills we asked aboutjust 40%were identified as necessary right
out of law school. This is not to suggest that legal skills were viewed as unnecessary by
respondents. In total, 98% of the legal skills we asked about were identified as necessary,
but they were identified as foundations that could be acquired over time and that were
not necessary as the new graduate entered his or her career.
When we talk about what makes peoplenot just lawyerssuccessful we have come to
accept that they require some threshold intelligence quotient (IQ) and, in more recent
years, that they also require a favorable emotional intelligence (EQ). Our findings
[New lawyers] are suggest that lawyers also require some level of character quotient (CQ).
successful when they All of this suggests that successful lawyers are not merely legal technicians, nor are
come to the job with a they merely cognitive powerhouses. The current dichotomous debate that places law
school as trade school up against law school as intellectual endeavor is missing the
much broader blend of sweet spot and the vision of what legal education could be and what type of lawyers
legal skills, professional it should be producing. New lawyers need some legal skills and require intelligence
indeed, 84% of respondents indicated that intelligence was necessary right awaybut
competencies, and
they are successful when they come to the job with a much broader blend of legal skills,
characteristics that professional competencies, and characteristics that comprise the whole lawyer.
comprise the
whole lawyer.

169
Analysis of Results by Survey Category
During survey design, we opted to divide the 147 foundations into 15 categories to create a more respondent-friendly
survey experience. Analysis of the responses to each foundation by category provides an excellent lens through which
to view the full survey results.
For each survey item within each of the categories listed below, we asked survey respondents to indicate whether the
foundation was:
Necessary immediately for the new lawyers success in the short term (where new lawyer was
defined as someone embarking on their first year of law-related work);
Not necessary in the short term but must be acquired for the lawyers continued success over time;
Not necessary at any point but advantageous to the lawyers success; or
Not relevant to success.11
Survey Categories
Business Development and Relations Qualities and Talents

Communications Stress and Crisis Management
motional and Interpersonal
E Technology and Innovation
Intelligence
Transaction Practice
I nvolvement and Community
Working with Others
Service
Workload Management
Legal Thinking and Application
Litigation Practice
Passion and Ambition
Professional Development
Professionalism
11 For the sake of efficiency, these options are referred to below as necessary in the short term, must be acquired over time, advantageous
but not necessary, and not relevant.

170
Business Development and Relations
Of the seven items in the Business Development and Relations category12, the ability to retain existing business was
seen as the most important foundation to have right out of law school by a fairly wide margin (38%; the next highest
proportion being 17%). All but two of the foundations in this categoryhaving an entrepreneurial mindset (45%)
and engaging in marketing or fundraising activities (44%)were seen by a majority of respondents as necessary
either in the short term or to be acquired over time.
Figure 1: Business Development and Relations Responses
Necessary in the Short Term Must be Acquired Advantageous but not Necessary Not Relevant
Appreciate the market for legal services 13.6% 41.7% 26.5% 18.2%
6.4%
Engage in appropriate marketing or fundraising 37.4% 31.4% 24.8%
Generate new business 11.7% 51.6% 14.4% 22.2%
Have an entrepreneurial mindset 16.6% 27.9% 35.3% 20.3%

6.2%
Retain existing business 38.2% 35.5% 20.1%
5.4%
Strategically cultivate social and
11.3% 52.4% 31.0%
professional networks
Understand accounting and financial 13.7% 38.5% 33.3% 14.5%

principles/arrangements
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
12 Cronbachs alpha = 0.8963. Cronbachs alpha allows us to estimate the internal consistency of each of the 15 categories as individual
subscales within the larger survey. In other words, the higher the Cronbachs alpha (i.e., the closer to 1), the more confident we can be
that items within the category truly do measure the same construct.

171
Communications
By and large, foundations in the Communications13 category were considered necessary in the short term by a
majority of respondentswith the abilities to listen (92%) and promptly respond (91%) being the foundations most
often identified as such. Notably, about two-thirds (68%) of respondents considered fluency in a language other than
English to be advantageous but not necessary, while about one-quarter (26%) viewed this foundation as not relevant.
Figure 2: Communications Responses
2.7%
2.8%
Be fluent in a language other than English 68.3% 26.3%
4.8%
Customize communications to 49.1% 45.4% 0.8%
different contexts and audiences
6.6% 1.7%
Listen attentively and respectfully 91.5% 0.3%
5.9%
Proactively provide status updates 73.5% 19.8% 0.8%
to those involved on a matter
7.0% 1.7%
Promptly respond to inquiries and requests 91.0% 0.3%
2.0%
Speak in a manner that meets legal 80.1% 17.5% 0.4%
and professional standards
Understand the challenges of virtual 3.3%
communication and the steps 47.6% 35.5% 13.6%
needed to address them
1.4%
Write in a manner that meets 78.1% 20.2% 0.3%
legal and professional standards
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
13 Cronbachs alpha = 0.7159

172
Emotional and Interpersonal Intelligence
Of the six foundations within the Emotional and Interpersonal Intelligence category14, five were considered to be
necessary in the short term by more than two-thirds of respondents. Respondents viewed the ability to treat others
with courtesy and respect as the most important foundation for success right out of law school by a fairly wide margin
(92%; the next highest proportion being 80%). Only 30% of respondents classified the ability to read others and
understand their subtle cues as necessary in the short term, however, more than half (56%) saw it as a foundation to
be acquired over timeindicating that this ability is indeed needed, but not immediately out of law school.
Figure 3: Emotional and Interpersonal Intelligence Responses
4.1%
Exhibit tact and diplomacy 77.7% 17.9% 0.3%
Demonstrate tolerance, 69.2% 19.0% 10.3% 1.4%

sensitivity, and compassion
Read others and understand 30.1% 56.5% 12.6% 0.8%

others subtle cues
3.0%
Regulate emotions and 80.4% 16.2% 0.4%
demonstrate self-control
5.5% 2.3%
Treat others with courtesy and respect 91.9% 0.3%
Understand and conform to 5.9%

appropriate appearance and 69.5% 23.8% 0.7%
behavior in a range of situations
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

173
Involvement and Community Service
Respondents tended to view foundations in the Involvement and Community Service15 category as advantageous but
not necessary. This is especially true for those foundations that directly address more concrete notions of involvement:
volunteer or take on influential positions in the community (56%); be involved in a bar association (56%); participate
in voluntary functions or committee work at the firm (48%); and engage in pro bono legal work (47%). The more
abstract foundationsmaintain a work-life balance, be visible in the office, have a personality that fits the firmwere
more often seen as needed either in the short term or over time.
Figure 4: Involvement and Community Service Responses
Be involved in a bar association 11.0% 12.8% 55.9% 20.3%
Be visible in the office 47.4% 14.7% 28.7% 9.1%
Engage in pro bono legal work 10.2% 17.1% 47.0% 25.7%

4.8%
Have a personality that fits 53.0% 20.8% 21.3%
the firm or organization
6.0%
Maintain a work-life balance 38.2% 40.3% 15.4%
Participate in voluntary functions or 13.4% 24.7% 48.4% 13.5%

committee work at the firm or organization
4.5%
Volunteer or take on influential 19.9% 56.4% 19.2%
positions in the community
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

174
Legal Thinking and Application
There was a virtual consensus amongst respondents that the Legal Thinking and Application16 foundations were
necessary either right out of law school or should be acquired over timevery low proportions of respondents
viewed these foundations as only advantageous or not at all relevant. The ability to effectively research the law was the
foundation most often cited as necessary in the short term (84%); the ability to assess possible courses of action and
the range of likely outcomes was the foundation most commonly identified as one to be acquired over time (63%).
Figure 5: Legal Thinking and Application Responses
3.0%
Assess possible courses of action and the range
33.1% 62.6% 1.3%
of likely outcomes in terms of risks and rewards
2.5%
Critically evaluate arguments 55.4% 41.2% 0.9%
2.1%
Effectively research the law 83.7% 13.4% 0.7%
Effectively use techniques 2.5%

of legal reasoning and argument 65.0% 31.6% 1.0%
(case analysis and statutory interpretation)
3.3%
Frame a case, analysis, or project compellingly 47.1% 48.3% 1.3%
1.8%
Gather facts through interviews, searches, 67.3% 29.4% 1.4%
document/file review, and other methods
5.2%
Identify appropriate method(s) 23.8% 60.0% 11.1%
of dispute resolution
5.4%
Identify due diligence,
41.9% 50.8% 2.0%
practical, and policy issues
0.9%
Identify relevant facts, legal issues, 71.0% 27.8% 0.4%
and informational gaps or discrepancies
2.2%
Maintain core knowledge of the substantive 50.7% 46.4% 0.7%
and procedural law in the relevant focus area(s)
2.9%
Negotiate and advocate in a manner 38.3% 56.3% 2.5%
suitable to the circumstances
4.1%
Think strategically 46.2% 48.7% 1.0%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

175
Litigation Practice 17
Of the twelve Litigation Practice foundations18, only three were considered to be necessary in the short term by at
least half of respondents: draft pleadings, motions, and briefs (72%); request and produce written discovery (65%);
and interview clients and witnesses (50%). Still, respondents clearly see these foundations as important for success in
practice, as all foundations in this category were identified as either necessary in the short term or to be acquired over
time by at least 65% of respondents.
Figure 6: Litigation Practice Responses
4.5%
Comfortably engage with e-discovery 44.6% 42.1% 8.8%
processes and technologies
6.7% 7.9%
Conduct and defend depositions 24.2% 61.2%
5.6%
Draft demand letters and releases 42.3% 43.1% 9.0%
2.0%
Draft pleadings, motions, and briefs 72.1% 24.0% 1.9%
2.7%
Interview clients and witnesses 50.0% 44.7% 2.6%
4.6%
Prepare a case for trial 26.9% 65.5% 3.0%
7.0%
Prepare a case on appeal 11.9% 58.3% 22.9%
Prepare for and participate in arbitration 13.8% 51.5% 18.0% 16.7%
Prepare for and participate in mediation 21.3% 56.6% 12.0% 10.1%
Provide quality in-court appellate advocacy 9.9% 57.7% 24.0% 8.4%
5.2%
Provide quality in-court trial advocacy 26.7% 64.4% 3.6%
3.0%
Request and produce written discovery 65.3% 28.3% 3.5%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
17 Questions in this section were presented only to lawyers who indicated they had a litigation practice.

176
Passion and Ambition
For the most part, respondents considered foundations within the Passion and
Ambition19 category to be necessary right out of law school. In fact, with one exception,
a majority of respondents identified these foundations as necessary in the short term;
having a passion for public service tends to be viewed as advantageous but not necessary
(43%), rather than needed either in the short term or over time.
Figure 7: Passion and Ambition Responses

Necessary in the Short Term Must be Acquired
Advantageous but not Necessary Not Relevant
Enjoy overcoming
58.6% 22.4% 17.4% 1.7%
challenges
Have a
commitment
to justice and 62.1% 15.7% 17.9% 4.3%
the rule of law
Have a passion
for public service 24.8% 14.2% 42.5% 18.6%
Have a passion
55.0% 19.8% 23.5% 1.7%
for the work
Have a strong 3.3%

work ethic and 88.1% 8.1% 0.4%
put forth best effort
Set goals and

make a plan 59.6% 30.7% 8.7% 1.0%
to meet them
6.9%
Show initiative 74.8% 17.7% 0.5%
For the most part,
respondents considered 5.3%
Take ownership 70.4% 23.0% 1.4%
foundations within the
Passion and Ambition 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
category to be
necessary right out
of law school.

177
Professional Development
Generally, respondents tended to view foundations in the Professional Development20 category as necessary in
the short term, with taking individual responsibility for actions and results being the foundation most commonly
identified as necessary right out of law school (82%). There were two marked exceptions. Almost three-quarters
(74%) of respondents considered the development of expertise in a particular area as something that must be
acquired over time. Authoring articles or giving presentations was seen by about two-thirds (63%) as a foundation
that is advantageous, but not necessary.
Figure 8: Professional Development Responses
2.0%
Adapt work habits to meet 70.8% 26.9% 0.3%
demands and expectations
2.6%
Author articles or give presentations 18.2% 62.6% 16.6%
2.5%
Cultivate a relationship with a mentor 44.2% 18.9% 34.4%
Develop expertise in a particular area 8.7% 73.7% 15.9% 1.7%
Have an internalized commitment

to developing toward excellence 61.3% 26.8% 10.7% 1.2%
Possess self-awareness (strengths, weaknesses, 50.2% 40.6% 8.5% 0.7%

boundaries, preferences, sphere of control)
Seek and be responsive to feedback 71.7% 18.9% 8.6% 0.9%
Seek out work or training that will expand

48.9% 40.4% 10.0% 0.8%
skills, knowledge, or responsibilities
1.7%
Take individual responsibility
82.2% 15.6% 0.5%
for actions and results
1.8%
Understand when to engage supervisor
75.2% 22.3% 0.7%
or seek advice in problem solving
6.4%
Work autonomously 50.2% 41.9% 1.5%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

178
Professionalism
Within the Professionalism21 category, the vast majority of respondents were in agreement that the foundations were
necessary either in the short term or to be acquired over time. Indeed, there were three foundations which more than
nine out of ten respondents identified as necessary in the short term: keep information confidential (96%); arrive on
time for meetings, appointments, and hearings (95%); and honor commitments (93%). However, almost one-quarter
(23%) of respondents thought adhering to proper collections practices was not relevant.
Figure 9: Professionalism Responses

2.4%
Adhere to proper timekeeping
74.5% 11.5% 11.6%
and/or billing practices
5.4%
Adhere to proper collections practices 46.3% 25.5% 22.8%
2.8%1.5%
Arrive on time for meetings,
95.4% 0.3%
appointments, and hearings
4.5%
Conclude relationships appropriately 57.1% 35.0% 3.5%
2.5%
Document and organize a case or matter 68.8% 27.1% 1.7%
1.4%
Exercise independent professional judgment 47.6% 50.5% 0.5%
3.3%
Handle dissatisfaction appropriately 61.7% 34.3% 0.6%
4.7% 1.1%
Honor commitments 93.7% 0.4%
3.2% 0.4%
Keep information confidential 96.1% 0.4%
1.8%
Provide high quality legal advice 43.9% 51.6% 2.7%
2.1%
Recognize and resolve ethical
60.9% 35.9% 1.1%
dilemmas in a practical setting
3.7%
Set clear professional boundaries 68.6% 26.3% 1.4%
3.7%
Show loyalty and dedication to the firm or
69.1% 18.2% 9.0%
organization and its clients or stakeholders
2.3%
Understand and apply
legal privilege concepts 77.0% 18.6% 2.1%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

179
Qualities and Talents
Of the twenty-four foundations in the Qualities and Talents22 category, a considerable seventeen were considered
necessary in the short term by a majority of respondents, with eight of those being considered so by more than three-
quarters of respondents. Notably, none of the foundations in this category were considered not relevant by more than
4% of respondents.
Figure 10: Qualities and Talents Responses

Assertiveness 31.9% 46.5% 19.1% 2.4%

1.6%
Attention to detail 87.8% 10.4% 0.2%
Big-picture thinking 35.3% 56.2% 7.8% 0.8%

2.7%
Common sense 84.6% 12.2% 0.5%
Confidence 38.6% 54.5% 6.3% 0.5%

3.7%
Conscientiousness 85.5% 10.3% 0.5%
Creativity 37.1% 42.5% 19.1% 1.4%
Decisiveness 39.7% 53.5% 6.2% 0.7%

1.5%
Diligence 88.4% 10.0% 0.2%
Energy 75.5% 10.4% 13.0% 1.1%
Grit 51.9% 29.8% 14.8% 3.5%
Humility 62.6% 20.9% 14.0% 2.5%

1.1%
Integrity and trustworthiness 92.3% 6.2% 0.4%
Intellectual curiosity 61.8% 17.4% 19.4% 1.4%

5.0%
Intelligence 83.7% 10.9% 0.4%
3.5%
Maturity 53.2% 42.8% 0.6%
Patience 58.2% 31.0% 9.8% 1.0%
Positivity 64.7% 13.9% 19.3% 2.2%

5.0%
Perceptiveness 55.9% 38.7% 0.3%
Persuasiveness 37.2% 54.9% 7.2% 0.8%
Prudence 55.7% 34.8% 8.1% 1.3%

5.0%
Resourcefulness 57.6% 37.0% 0.4%
Sociability 43.2% 26.4% 28.2% 2.2%
Strong moral compass 79.2% 11.1% 7.7% 2.1%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

180
Stress and Crisis Management
The respondents clearly valued foundations in the Stress and Crisis Management23
category. Nine out of ten indicated all five of these foundations were needed either right
out of law school or must be acquired over time.
Figure 11: Stress and Crisis Management Responses
Necessary in the Short Term Must be Acquired

Advantageous but not Necessary Not Relevant
4.2%
Cope with stress in
60.3% 34.8% 0.6%
a healthy manner
Exhibit flexibility and 2.6%
adaptability regarding 58.1% 39.0% 0.3%
unforeseen, ambiguous, or
changing circumstances
3.5%
Exhibit resilience
after a set-back 55.7% 40.4% 0.5%
Make decisions 2.1%

and deliver results 56.3% 41.2% 0.3%
under pressure
React calmly and 2.7%
steadily in challenging 60.8% 36.2% 0.3%
or critical situations
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Nine out of ten

indicated all five of
these foundations were
needed either right out
of law school or must be
acquired over time.

181
Technology and Innovation
Three of the four Technology and Innovation24 foundations were classified as necessary in the short term by one-
quarter or less of respondents; however, a majority (58%) of respondents did consider the ability to learn and use
relevant technologies effectively as necessary right out of law school. Conversely, engaging in online law-related
professional activity and networking was seen by a majority (52%) as advantageous, but not necessary.
Figure 12: Technology and Innovation Responses
7.8%
Learn and use relevant
technologies effectively 58.1% 33.5% 0.6%
Leverage technology in cases or projects 5.0%

to increase the value or sophistication 24.8% 46.4% 23.8%
of services/products
Maintain an appropriate online presence 22.8% 21.0% 38.1% 18.0%
Engage in online law-related 6.8%

professional activity and 13.5% 52.0% 27.8%
networking (e.g., law blog)
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

182
Transaction Practice 25
In the Transaction Practice26 category, seven out of the thirteen foundations were viewed by a majority of respondents
as abilities that must be acquired over time. There were two foundations, however, that were seen as necessary in the
short term by half or more of respondents: prepare client responses (51%) and draft contracts and agreements (50%).
Figure 13: Transaction Practice Responses
Determine appropriate
19.0% 70.0% 8.2% 2.7%
risk mitigation strategies
Draft contracts and agreements 50.3% 38.0% 8.3% 3.5%
Draft policies 13.8% 48.3% 26.2% 11.7%
Employ dispute resolution techniques 13.3% 51.7% 27.6% 7.4%

to prevent or handle conflicts
Handle corporate record-keeping matters 20.8% 32.8% 29.0% 17.4%
Maintain knowledge of the

relevant business, industry, 16.7% 64.8% 15.1% 3.4%
and wider business landscape
Move a deal toward timely completion 33.3% 54.5% 7.5% 4.6%
Objectively assess the soundness

of a deal or proposed solution 21.6% 67.0% 8.5% 2.9%
in terms of risks and rewards
5.5%
Prepare client responses 50.7% 39.5% 4.3%
Prepare for and participate

in contract negotiations 26.8% 56.3% 12.1% 4.8%
Present complex material to business

leadership in a clear and concise manner 20.0% 59.2% 12.6% 8.2%
Provide business formation services 14.2% 31.0% 36.3% 18.5%
Review operational and finance schedules 14.9% 45.5% 26.9% 12.6%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
25 Questions in this section were presented only to lawyers who indicated they had a transaction practice.

183
Working with Others
Four of the seven foundations in the Working with Others27 category were identified as necessary in the short term
by at least half of respondents. Notably, nearly three in four respondents (73%) indicated that the ability to work
collaboratively as part of a team was necessary in the short term. While generally viewed as necessary either in the
short- or long-term (76%), leadership had the highest percentage of respondents indicating that it was advantageous
but not necessary (22%).
Figure 14: Working with Others Responses
Demonstrate leadership 18.6% 57.2% 22.0% 2.2%
6.2%
Determine ways to increase
value to clients or stakeholders 18.4% 62.6% 12.7%
4.2%
Express disagreement
thoughtfully and respectfully 70.2% 25.1% 0.6%
5.7%
Maintain positive professional relationships 67.4% 26.5% 0.4%
Recognize client or stakeholder needs, 3.2%

objectives, priorities, constraints, 49.9% 44.4% 2.5%
and expectations
Understand the value of
the contributions of all 49.1% 39.0% 9.7% 2.2%
within the organization
Work cooperatively and

72.9% 17.7% 8.2% 1.1%
collaboratively as part of a team
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

184
Workload Management
All nine foundations related to Workload Management28 were viewed as necessary
either immediately out of law school or in the first years of practice, but only three were
identified as necessary in the short term by a majority of respondents: prioritize and
manage multiple tasks (73%), maintain a high-quality work product (72%), and see a
case or project through from start to finish (54%).
All nine foundations
related to Workload Figure 15: Workload Management Responses
Management were Necessary in the Short Term Must be Acquired
viewed as necessary Advantageous but not Necessary Not Relevant
3.0%
either immediately out Anticipate case, project,
42.5% 54.0% 0.5%
or workload needs
of law school or in the
Budget resources
first years of practice, appropriately 20.9% 59.0% 11.8% 8.3%
but only three were Delegate to and

manage support 20.5% 67.1% 7.9% 4.4%
identified as necessary staff appropriately
in the short term. Focus on improving

the work process 29.0% 54.7% 14.7% 1.7%
Generate a high quantity

42.1% 37.7% 14.6% 5.6%
of work product
1.2%
Maintain a high quality
work product 72.0% 26.4% 0.4%
6.0%
Manage meetings
effectively 15.5% 62.3% 16.2%
1.3%
Prioritize and manage
multiple tasks 72.8% 25.6% 0.3%
See a case or project 4.0%

through from start 53.7% 41.4% 0.9%
to timely finish
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

185
Parts of the Whole Lawyer: Comparing Characteristics,
Professional Competencies, and Legal Skills
Foundation Types
When the profession laments the lack of preparation new lawyers have, what that preparation should comprise is
somewhat surprising. Specifically, the skills they cite are often much broader than the typical legal skills we think of
as a necessary outcome of legal education. The profession is seeking new lawyers who have legal skills, of course, but
also professional competencies and characteristics. We wanted to understand just how important these broader types
of foundations were for new lawyers to be successful. To do this, we divided the 147 foundations into the three types.
Characteristics are foundations capturing features or qualities (such as sociability). Professional competencies
are skills seen as useful across vocations (such as managing meetings effectively). Legal skills are those traditionally
understood to be required for the specific discipline of law (such as preparing a case on appeal). Almost half (45%)
of the survey items addressed professional competencies, while characteristics and legal skills each accounted for just
over one-quarter of survey items (28% and 27%, respectively).29
Skill Characteristic
27% 28%
Competency
45%
29 For a full explanation of how we compiled the list of 147 foundations, see Gerkman & Cornett, supra note 10.

186
Necessity and Urgency of Foundations
From a conceptual standpoint, the response optionsnecessary in the short term, must be acquired over time,
advantageous but not necessary, and not relevantcan be thought of as getting at two different, but related, ideas:
necessity of the foundation and urgency of the foundation. If a foundation is classified as either necessary in the
short term or must be acquired over time, it is ultimately necessary at some point in time; the difference in these
two options represents the degree of urgency for the new lawyer in gaining proficiency in the foundation. If, however,
a foundation is classified as advantageous but not necessary or not relevant, clearly the foundation is not necessary
for a lawyer to be successful.
NECESSITY
Necessary Advantageous Not Relevant

but not
Necessary
URGENCY
Necessary Must be
in the Acquired
Short Term Over Time

187
Necessity within Each Foundation Type
In determining necessity and degree of urgency for the foundations within each of the three types, we considered a
foundation to be necessary, advantageous but not necessary, or not relevant if at least half of respondents categorized
the foundation as such. Perhaps unsurprisingly, respondents considered an overwhelming majority (92%) of the
foundations to be necessary; that is, 135 out of the 147 foundations.
Within each of the three foundation types, there was some slight variation with respect to the proportion of
foundations considered necessary: 98% of legal skills, 95% of characteristics, and 86% of professional competencies.30
However, this difference was not statistically significant.31A small proportion of foundations were categorized as
advantageous but not necessary, all of which were professional competencies (8% of foundations within that type).
There were no foundations that half or more of respondents classified as not relevant, although there was a handful of
foundations for which responses were more spread across the response options and, thus, no one option represented
half or more of respondents (6% of professional competencies, 5% of characteristics, and 2% of legal skills).
Figure 16: Necessity of Foundations within Each Foundation Type
Necessary (either in the short term or over time) Advantageous but not Necessary Inconclusive
Characteristics 95.1% 4.9%
7.6%
Professional
Competencies 86.4% 6.0%
Legal
97.5% 2.5%
Skills
30 We recognize that considering a foundation necessary if at least half, that is between 50% and 100%, of respondents categorized it as
such could potentially represent a great deal of variation in the actual proportions. Indeed, the proportions of respondents categorizing
these foundations as necessary ranged from 52% to 99%. However, for a full 117 of these foundations, at least 75% of respondents
indicated the foundation was necessary. Further, the average proportion of respondents who categorized these foundations as necessary
was 87%, with negligible variation amongst the three types: 86% for professional characteristics, 89% for both characteristics and legal
skills.
31 2 (4) = 7.20, = 0.125

188
Urgency within Each Foundation Type
Although the foundations within each of the three foundation typescharacteristics,
legal skills, and professional competencieswere almost entirely considered necessary
by at least half of respondents, there was considerable variation in how urgent
foundations were considered within each of the types.
Of the three foundation Overall, respondents categorized 52% of foundations (or 77) as necessary in the short
types, characteristics term and indicated that 24% (or 35) must be acquired over time. However, there was
a great deal of variation in the degree of urgency for necessary foundations within
were most likely to
each foundation typeand these differences were found to be statistically significant.32
be categorized as Of the three foundation types, characteristics were most likely to be categorized as
necessary in the short term, with a full three-quarters (76%) of foundations in that
necessary in the short
type being considered such. Much smaller proportions of professional competencies
term. (46%) and legal skills (40%) were seen as necessary in the short term by half or more of
respondents.
Figure 17: Degree of Urgency of Necessary Foundations within Each

Foundation Type
Necessary in the Short Term Must be Acquired Over Time
Characteristics 75.6% 12.2%
Competencies 45.5% 18.2%
Skills 40.0% 45.0%
All Foundations 52.4% 23.8%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
32 2 (2) = 13.17, = 0.001

189
Considering the data from a different vantage point, Table 1 below presents the ten
individual foundations categorized as necessary in the short term by the largest
proportions of respondents. Examination of these ten most urgent foundations
provides further confirmation that legal skills tend to be considered less urgent than
characteristics and professional competenciesin fact, legal skills make no appearance
in the top ten foundations new lawyers need for success right out of law school.
Table 1: Top 10 Foundations Categorized as Necessary in the Short Term

Percent
Indicating
Type Category Foundation
Necessary in
the Short Term
Professional Keep information

96.1% Professionalism
Competency confidential
Arrive on time for

Professional
95.4%
Competency
Professionalism meetings, appointments,
and hearings
93.7% Characteristic Professionalism Honor commitments
Integrity and
92.3% Characteristic Qualities and Talents
trustworthiness
Necessary
Professional Emotional and Treat others with courtesy in the
91.9%
Competency Interpersonal Intelligence and respect Short Term
Professional Listen attentively and

91.5% Communications
Competency respectfully
Promptly respond to
Professional
91.0%
Competency
Communications inquiries
and requests
88.4% Characteristic Qualities and Talents Diligence
Have a strong work ethic

88.1% Characteristic Passion and Ambition
and put forth best effort
87.8% Characteristic Qualities and Talents Attention to detail

190
Conversely, a closer look at the ten foundations that the largest proportion of
respondents indicated must be acquired over time suggests it is legal skills that lawyers
tend to think of as the foundations that should be cultivated throughout practiceand
are not necessary in the short term.
Table 2: Top 10 Foundations Categorized as Must be Acquired

Over Time
Percent
Indicating Must
Type Category Foundation
be Acquired
over Time
Professional Develop expertise in

73.7% Professional Development
Competency a particular area
Determine appropriate risk

70.0% Legal Skill Transactional Practice
mitigation strategies
Must be Professional Delegate to and manage

Acquired 67.1% Workload Management
Competency support staff appropriately
Over Time
Objectively assess the
soundness of a deal or
proposed solution in terms
of risks and rewards
65.5% Legal Skill Litigation Practice Prepare a case for trial
Maintain knowledge
of the relevant business,
industry, and wider
business landscape
Provide quality in-court

64.4% Legal Skill Litigation Practice
trial advocacy
Determine ways to
Professional
62.6%
Competency
Working with Others increase value to clients
or stakeholders
Assess possible courses of

Legal Thinking and action and the range of
62.6% Legal Skill
Application likely outcomes in terms of
risks and rewards
Professional Manage meetings

62.3% Workload Management
Competency effectively

191
The bottom line is thatoverwhelminglyprofessional competencies, characteristics,
and legal skills are viewed as vital to success in a career as a lawyer. The nuance lies
The data demonstrates
in the degree to which these types of foundations, and the individual foundations
within them, are needed immediately upon entering a legal career or can be nurtured that attorneys largely
over time. The data demonstrates that attorneys largely see characteristics as the see characteristics as
most important foundations new lawyers need in the short term, while legal skills are
necessary, but less urgent. This has valuable, and perhaps unexpected, implications the most important
for the path forward in legal education. In fact, it stands some presumptions on their foundations new
head. It is not the granular, practical knowledge that new lawyers need to have in
lawyers need in the
hand immediately; rather, it is the characteristics that will allow them to succeed and
allow them to learn those practical skills over time. They need to show up with those short term, while legal
characteristics, ready to learn the rest.
skills are necessary,
but less urgent. This
has valuable,and
perhaps unexpected,
implications for
the path forward in
legal education.

192
The Foundations for Practice
What emerges from the analysis of the survey responses is a clear and straightforward image of the foundations law
school graduates must have as they exit law school and enter their careers. As stated at the outset, todays new lawyers
must be whole lawyersor, lawyers with a robust mix of characteristics, professional competencies, and legal skills.
There are 77 foundations that at least half of respondents identified as necessary in the short termor right out of
law school. We believe legal educators and law schools should strive to ensure each and every law school graduate
can demonstrate some level of facility with these foundations. While these foundations, listed here, are crucial, we
do not intend them to limit pedagogical innovations that seek to develop other foundations that may give lawyers an
advantage as they enter their careers.

193
Table 3: Foundations Identified as Necessary in the Short Term by at least Half of Respondents 33
Professional Competencies:
Communications
Listen attentively and respectfully Write in a manner that meets legal

91.5% and professional standards 78.1%
Promptly respond to inquiries and Proactively provide status updates to

requests 91.0% those involved on a matter 73.5%
Speak in a manner that meets legal

and professional standards 80.1%
Characteristics:
Emotional and
Interpersonal
Demonstrate tolerance, sensitivity, and compassion 69.2%

Intelligence
Treat others with courtesy and Exhibit tact and diplomacy 77.7%
respect 91.9%
Understand and conform to
Regulate emotions and demonstrate appropriate appearance and behavior
self-control 80.4% in a range of situations 69.5%
and Community
Involvement
Service
Characteristics:
Have a personality that fits the firm or organization 53.0%
33 Note that, for the Business Development and Relationships category, there were no foundations considered to be necessary in the short
term by at least half of respondents.

194
Litigation Practice Legal Skills:
Draft pleadings, motions, and briefs Interview clients and witnesses
72.1% 0.0%
5
Request and produce written

discovery 6
5.3%
Characteristics:
Have a strong work ethic and put Have a commitment to justice and
Passion and
forth best effort 88.1% the rule of law 62.1%

Ambition
Show initiative 74.8% Enjoy overcoming challenges 58.6%
Take ownership 70.4% Have a passion for the work 55.0%
Legal Skills:
Set goals and make a plan to meet them 59.6%
Characteristics:
Have an internalized commitment to Possess self-awareness (strengths,
developing toward excellence 61.3% weaknesses, boundaries, preferences,
Professional
Development
sphere of control) 50.2%
Take individual responsibility for Seek and be responsive to feedback
actions and results 82.2% 71.7%
Understand when to engage Adapt work habits to meet demands

supervisor or seek advice in problem and expectations 70.8%
solving 75.2%
Work autonomously 50.2%

195
Characteristics:
Honor commitments 93.7% Show loyalty and dedication to the
firm or organization and its clients or
stakeholders 69.1%
Professionalism
Keep information confidential Adhere to proper timekeeping and/or

96.1% billing practices 74.5%
Arrive on time for meetings, Handle dissatisfaction appropriately

appointments, and hearings 95.4% 61.7%
Legal Skills:
Understand and apply legal privilege Recognize and resolve ethical
concepts 77.0% dilemmas in a practical setting
60.9%
Document and organize a case or
matter 68.8% Conclude relationships appropriately
57.1%
Set clear professional boundaries
68.6%
Characteristics:
Integrity and trustworthiness 92.3% Humility 62.6%
Talents
Diligence 88.4% Intellectual curiosity 61.8%
Attention to detail 87.8% Patience 58.2%
Conscientiousness 85.5% Resourcefulness 57.6%

and
Common sense 84.6% Perceptiveness 55.9%

Qualities
Intelligence 83.7% Prudence 55.7%
Strong moral compass 79.2% Maturity 53.2%
Energy 75.5% Grit 51.9%
Positivity 64.7%

196
Characteristics:
Crisis Management
Exhibit flexibility and adaptability Exhibit resilience after a setback
regarding unforeseen, ambiguous, or 55.7%
changing circumstances 5 8.1%
Stress and
React calmly and steadily in Make decisions and deliver results
challenging or critical situations under pressure 56.3%
60.8%
Cope with stress in a healthy manner

60.3%
and Innovation
Technology
Learn and use relevant technologies effectively 58.1%
Transaction
Practice
Legal Skills:
Prepare client responses 50.7% Draft contracts and agreements
50.3%

197
with Others
Working
Work cooperatively and Maintain positive professional
collaboratively as part of a team relationships 67.4%
72.9%
Recognize client or stakeholder
Express disagreement thoughtfully needs, objectives, priorities,
and respectfully 70.2% constraints, and expectations 49.9%
Management
Workload
Prioritize and manage multiple tasks See a case or project through from
72.8% start to timely finish 53.7%
Maintain a high quality work product

72.0%

198
Putting Foundations for Practice
into Practice
As stated at the outset, when we started Foundations for Practice, we identified three
objectives. We have achieved the first: we now know the foundations entry-level lawyers
need to launch successful careers in the legal profession.
We now know the
Identify the foundations entry-level lawyers need to
foundations entry-level launch successful careers in the legal profession;
lawyers need to launch
evelop measurable models of legal education that
D
successful careers in the support those foundations; and
legal profession. lign market needs with hiring practices to incentivize
A
positive improvements in legal education.
Initially, we saw the second and third objectives as distinct, but over the last two years
we have come to understand that they are inextricably linked. If we want law schools to
create or sustain existing programs that educate students toward the desired outcomes
identified by this study, we need employers to hire based on the foundations they said
they desired; and, if we want employers to hire based on the foundations they said
they desired, we need to find a way for them to buy into the schools plan to teach and
evaluate students on this broader set of learning outcomes.
For Law Schools: Measuring Learning Outcomes

Law schools are not the first institutions of higher education to think about how to
better assess student learning. In a history of learning assessment that begins in the early
20th century, Richard J. Shavelson notes that [t]odays demand for a culture of evidence
of student learning appears to be new, but it turns out, as we have seen, to be very
old.34 The journey has been fraught with resistance and challenges. The foreword to
Shavelsons article warns: One of the most dangerous and persistent myths in American
education is that the challenges of assessing student learning will be met only if the right
instrument can be foundthe test with psychometric properties so outstanding that we
can base high-stakes decisions on the results of performance on that measure alone.35
When it comes to assessment, American law schools no longer have the luxury of
pursuing the perfect at the expense of the good. The American Bar Associations
Council to the Section of Legal Education and Admissions to the Bar passed in
August 2014 revised standards that included four standards that, broadly, require
publication and assessment of student learning outcomes; utilization of formative and
summative assessment methods; and evaluation of the program of legal education,
34
Richard J. Shavelson, A Brief History of Student Learning Assessment: How We Got
Where We Are and a Proposal for Where to Go Next 23 (2007) available at http://cae.org/
images/uploads/pdf/19_A_Brief_History_of_Student_Learning_How_we_Got_Where_We_Are_
and_a_Proposal_for_Where_to_Go_Next.PDF.
35 Id., at vii.

199
learning outcomes, and assessment methods.36 The new standards will be applied to the
incoming class of 2016-17.
Standard 302 prescribes some of the outcomes law schools must set and measure,
including:
a) K
nowledge and understanding of substantive and procedural law;
b) L
egal analysis and reasoning, legal research, problem-solving, and
written and oral communications in the legal context;
c) E
xercise of proper professional and ethical responsibilities to clients and
the legal system;
For years, there have
Standard 302 also leaves the schools significant room to define their own outcomes:
been debates between
d) O
ther professional skills needed for competent and ethical participation
those who think
as a member of the legal profession.
graduates need to be
Standard 302(d) has been further explained to include skills such as interviewing,
counseling, negotiation, fact development and analysis, trial practice, document practice-ready and
drafting, conflict resolution, organization and management of legal work, collaboration, those who believe that
cultural competency, and self-evaluation.37 It has also been further explained to allow
law school should not
law schools to identify any additional learning outcomes pertinent to [their] program
of legal education.38 The impetus to identify and measure learning outcomes and the be a trade schooland
identification of the foundations in this study creates an opportunity for law schools. it appears they are
Interestingly, many of the legal skills that actually are necessary right out of law school
like using techniques of legal reasoning and identifying facts and legal issuesare both right.
among the core legal skills that law schools already spend significant time developing in
their students as they teach them how to think like lawyers.
For years, there have been debates between those who think graduates need to be
practice-ready and those who believe that law school should not be a trade school
and it appears they are both right. Respondents to our survey were clear: new lawyers do
not require the nuts and bolts immediately when they begin to practice, but they do
require foundations that will allow them to build and grow over time.
36
Am. Bar Assn Standards and Rules of Procedure for Approval of Law Schools 2015-
2016 301, 302, 314, 315 (2015), available at http://www.americanbar.org/content/dam/aba/
publications/misc/legal_education/Standards/2015_2016_aba_standards_for_approval_of_law_
schools_final.authcheckdam.pdf.
37 Id. Interpretation 302-1.
38 Id. Interpretation 302-2.

200
Moving forward, we recommend that law schools use Foundations for Practice to:
ork with employers and the legal community to

W
develop measurable learning outcomes and create
and reward law school programs and courses that
develop the requisite characteristics, competencies,
and legal skills;
Build those courses into the curriculum;
ncourage prospective students and law students

E
to assess their own foundations to help them make
informed decisions about whether to attend law school
and to create individual learning plans that help them
develop the necessary foundations through school and
other opportunities, like work experience and extra-
curricular activities; and
valuate the current criteria for admitting students
E
to law school and consider new criteria that paint
a picture of the applicants characteristics and
competencies beyond intelligence.
For Legal Employers and the Profession

To help law schools make meaningful use of the results of Foundations for Practice,
we need to fix another gap: the gap between what the profession says it wants in new
lawyers and the way the profession actually hires new lawyers. We know that legal
If the profession wants employers tend to hire on traditional criterialaw school attended, class rank, and law
law schools to reviewthat may tell them much about the intelligence of the job candidate but very
little about the character quotient of the lawyer or about the whole lawyer. But when
prioritize these
asked in our survey to indicate the criteria that would tell them if a job candidate had
foundations in legal the foundations most important to them, overwhelmingly they singled out experience,
including legal employment, clinics, experiential education. Law review was noted as the
education, legal
second to least useful criteria.39 We will explore these results in full in a future report,
employers must but when taken together with the results presented here their implications are clear:
prioritize them at every if the profession wants law schools to prioritize these foundations in legal education,
legal employers must prioritize them at every stage of hiringfrom rsum review to
stage of hiringfrom interview to offer.
rsum review to
interview to offer.
39 After indicating the necessity and urgency of 147 foundations, respondents were asked How
helpful are each of the following in determining whether a candidate for employment has the
qualities that you have identified above as important? Gerkman & Cornett, supra note 10.

201
Conclusion
We no longer have to wonder what new lawyers need. We know what they need and they need more than we once
thought. Intelligence, on its own, is not enough. Technical legal skills are not enough. They require a broader set of
characteristics (or, the character quotient), professional competencies, and legal skills that, when taken together,
produce a whole lawyer. When we value any one foundation, like intelligence, and when we value any one group of
foundations, like legal skills, we shortchange not only the potential of that lawyerwe also shortchange the clients
who rely on them.
For legal education to make meaningful strides, law schools and legal employers must work together. They must focus
on the desired outcomelaw school graduates who are ready to enter the professionand build learning outcomes
and educational and hiring models that serve that goal. When law schools educate students toward learning outcomes
developed with feedback from employers and employers hire based on what they say they want, we will see law school
graduates with high character quotients who embody the whole lawyer, we will see the employment gap shrink, we
will see clients who are served by the most competent lawyers the system can produce, and we will ultimately see
public trust in our system expand.

202
Foundations for Practice Advisory Group
We are thankful for our advisory group, which guided us from survey design and distribution to initial
results analysis. The group is comprised of legal employers of all shapes and sizes, and representatives of
national organizations representing the profession.
James J. Bender WPX Energy, Inc. (Ret.)

Justice Rebecca Berch Arizona Supreme Court
Heather Bock Chief Professional Development Officer, Hogan Lovells US LLP
Nick Catanzarite Judge, Grand County Court,
Fourteenth Judicial District of Colorado
Cynthia Coffman Colorado Attorney General
Stanton Dodge Executive Vice President and General Counsel,
DISH Network LLC
Carolyn Elefant The Law Offices of Carolyn Elefant
Rew Goodenow NCBP; Parsons Behle & Latimer
Hugh Gottschalk President, Wheeler Trigg ODonnell
Linda Klein ABA; Baker Donelson
Keith Lee Hamer Law Group
Paula Littlewood NABE; ABA Task Force; Executive Director,
Guillermo Mayer President & CEO, Public Advocates
Erica Moeser President, NCBE
Ann Roan Training Director, Colorado State Public Defender
Alon Rotem General Counsel, Rocket Lawyer
Douglas G. Scrivner Former General Counsel & Secretary, Accenture PLC
John Suthers Former Colorado Attorney General

203
Educating Tomorrows Lawyers Consortium Schools
Educating Tomorrows Lawyers partners with law schools that are committed to our mission of aligning legal
education with the needs of an evolving profession. Member schools join the Consortium to support the collective
work of Educating Tomorrows Lawyers and to collaborate with schools, educators, lawyers, employers, and others
who are making a difference in the way we educate tomorrows lawyers.
Albany Law School Southwestern Law School
American University Washington Stanford Law School

College of Law
Stetson University College of Law
Boston College Law School
Suffolk University Law School
Cornell University Law School
Texas Southern University Thurgood Marshall
Georgetown University Law Center School of Law
Golden Gate University School of Law The University of Oklahoma College of Law
Hofstra University Maurice A. Deane Touro College Jacob D. Fuchsberg Law Center
School of Law
University of California - Hastings
Indiana University Maurer School of Law College of the Law
Loyola University Chicago School of Law University of California - Irvine School of Law
Loyola University New Orleans College of Law University of Denver Sturm College of Law
Mercer University Walter F. George University of Miami School of Law

School of Law
University of New Hampshire School of Law
New York University School of Law
University of New Mexico School of Law
Northeastern University School of Law
University of Pittsburgh School of Law
Pennsylvania State University Dickinson
University of Southern California Gould
School of Law
School of Law
Pepperdine University School of Law
University of the Pacific McGeorge School of Law
Regent University School of Law
Washington and Lee University School of Law
Seattle University School of Law

204
Institute for the Advancement of the American Legal System
University of Denver
John Moye Hall, 2060 South Gaylord Way
Denver, CO 80208
Phone: 303.871.6600 http://iaals.du.edu
205
WSBA
MEMORANDUM
To: WSBA President, President-elect, and Board of Governors

From: Paula Littlewood, Executive Director
Jean McElroy, General Counsel/Chief Regulatory Counsel
Douglas Ende, Chief Disciplinary Counsel
Re: Suggested Amendments to General Rule (GR) 12.1through12.4 (Action)
Action Requested - Approve suggested amendments to GR 12.1 through 12.4.
The suggested amendments were submitted to the Board on first reading at the Special Meeting on
August 23, 2016, and the draft was discussed in public session. At the September 16, 2016 meeting
of the Bylaws Work Group, the comments made at the August 23 meeting were discussed. The
Work Group did not recommend any changes to the draft, and the attached version is identical to the
version considered by the Board on August 23.
If the Board takes action in favor of recommending the suggested amendments, they will be
submitted to the Washington Supreme Court by the GR 9 deadline of October 15, 2016.
The materials submitted to and considered by the Board on August 23, 2016, are appended to this
memo.
206
WSBA
MEMORANDUM
To: WSBA President, President-elect, and Board of Governors

From: Paula Littlewood, Executive Director
Jean McElroy, General Counsel/Chief Regulatory Counsel
Douglas Ende, Chief Disciplinary Counsel
Date: August 10, 2016
Re: Suggested Amendments to General Rule (GR) 12.1 through 12.4
First Reading J
Background
GR 12 was first adopted by the Washington Supreme Court in 1987 at the request of the Washington
State Bar Association. In requesting the court rule, then-president William H. Gates, Sr. wrote in his
cover memo that, among other things, the need for the requested rule was to set forth the purposes of
the Bar in court rule. Gates further outlined in the cover memo to the Court that the Board believes
"this is a proper subject for the Court's consideration and action in light of the Court's control of the
profession and the Association as set forth in the Graham case and other decisions." The memo also
relays that "The Association is clearly an instrumentality of the Supreme Court and it is wholly
appropriate for the parent to, by rule, set the purposes of its instrumentality." The Court later that
year adopted GR 12.
Since its adoption, GR 12 has served as the guiding instrument for the WSBA's purpose as well as
authorized activities, and has been amended from time to time since 1987 at the recommendation of
the BOG. The suggested edits to GR 12 here are threefold. First, the amendments set forth the
Supreme Court's authority to regulate the practice of law, recognizing that the Court's authority is
broader in scope than its delegation of authority to the Washington State Bar and its licensure of
lawyers. Second, the amendments conform the language of GR 12 with prospective amendments to
the WSBA Bylaws arising from the Board of Governors expected implementation of certain
recommendations of the Governance Task Force approved in the BOG Response to the Governance
Task Force Report and Recommendations. Third, the amendments incorporate the ABA Model
Regulatory Objectives into Washington's court rules.
The attached materials include a redline and a clean version of the current set of recommended
amendments. See Appendices A and B, respectively.
207
Memorandum to BOG re Suggested Amendments to GR 12
August 10, 2016
Page 3of3
GR 12.5: Current GR 12.3 (Immunity) is renumbered as GR 12.5. This section is amended

to reflect the change from Washington State Bar Association to Washington State Bar, update
a reference to the Admission and Practice Rules, and to include accurate references to the
disciplinary rules for the two limited licenses to practice law administered by the Washington
State Bar.
APPENDICES:
A. Suggested Amendments to GR-redline version
B. Suggested Amendments to GR-dean version
C. Resolution 105 and Report on ABA Model Regulatory Objectives for the Provision of Legal
Services, adopted February 8, 2016
208
DRAFT AMENDMENTS TO GR 12.1-12.4
Redline
[for consideration at Aug. 23, 2016 BOG Special Meeting]
RULE 12. REGULATION OF THE PRACTICE OF LAW
The Washington Supreme Court h as inherent and exclusive authority to

regulate the practice of law in Washington. The legal profession serves clients,
courts, and the public, and has special responsibilities for t he quality of justice
administered in our legal system. The Court ensures the integrity of the legal
profession and protects the public by adopting rules for the regulation of the
practice of law a nd actively supervising persons and entities acting under the
Supreme Court's authority.
RULE 12.1. REGULATORY OBJECTIVES
Legal services providers must be regulated in the public interest. In

regulating the practice of law in Washington, the Washington Supreme Court's
objectives include:
A. Protection of the public;
B. Advan cement of the administration of justice and the rule of law;
C. Meaningful access to justice and information about the law, legal issues, and
the civil and criminal justice systems;
D. Transparency regarding the nature and scope of legal services to be provided,

the credentials of those who provide them, and the availability of regulatory
protections;
E. Delivery of affordable and accessible legal services;
F. Efficient, competent, and ethical delivery of legal services;
G. Protection of privileged and confidential information;
H. Independence of professional judgment;
I. Accessible civil remedies for negligence and breach of other duties owed,
disciplinary sanctions for misconduct, and advancement of appropriate
preventive or wellness programs;
1
209
J. Diversity and inclusion among legal services providers and freedom from
discrimination for those receiving legal service s and in th e justice system.
RULE 12..:.l:~ . WASHINGTON STATE BARASSOCL"..TION: PURPOSES_.

AUTHORIZED ACTIVITIES, AND PROHIBITED ACTIVITIES
The Washington State Bar Association was created in 1933 by the State Bar
Act CRCW 2.48.010) as an agency of the state. In the exercise of its inherent and
exclusive authority to regulate the practice of law in Washington , the Supreme
Court authorizes and supervises the Washington State Bar Association's activities.
The Washington State Bar Association sh all be known as the Washington State
Bar. The Washington State Bar carries out the administr ative responsibilities and
functions expressly delegated to it by this rule and other Supreme Court rules and
orders enacted or adopted to regulate the practice of law, including th e purposes
and authorized activities set forth below.
(a) Purposes: In General. In gener al, th e Washington State Bar l\ ssociation

strives to:
(1) Promote independence of the judiciary and the -0-arlegal profession .
(2) Promote an effective legal system , accessible to all.
(3) Provide services to its members and the public.
(4) Foster and maintain high standards of competence, professionalism, and

ethics among its member s.
(5) Foster collegiality among its members and goodwill between th e -0-arlegal
profession and the public.
(6) Promote diversity a nd equality in the courts, and the legal profession.,arul
the bar.
(7) Administer admissions, regulation, to t he bar and discipline of its

memberslawyer s, Limited License Legal Technicia ns (LLLTs), and Limited Practice
Officers CLPOs) in a ma nner t hat protects the public and respects t he righ ts of th e
applicant or member.
(8) Administer progr ams of legal education.
(9) Promote understanding of and respect for our legal system and the law.
2
210
(10) Operate a well-managed and financially sound assoeiationorganization,
with a positive work environment for its employees.
(11) Serve as a state .videstatewide voice to the public and N._the branches of
government on matters relating to these purposes and the activities of the
assoeiationorganization and the legal profession.
(b) Specific Activities Authorized. In pursuit of these purposes, the Washington

State Bar i\ ssoeiation may:
(1) Sponsor and maintain committees, a nd sections, and divisions whose

activities further these purposes;
(2) Support the judiciary in maintaining the integrity and fiscal stability of
an independent and effective judicial system;
(3) Provide periodic reviews and recommendations concerning court rules and
procedures;
(4) Administer examinations and review applicants' character and fitness to

practice law;
(5) Inform and advise lawyersits members regarding their ethical obligations;
(6) Administer an effective system of discipline of its memberslawyers,

LLLTs, and LPOs, including receiving and investigating complaints oflawyer
misconduct by legal professionals, taking and recommending appropriate punitive
and remedial measures, a nd diverting less serious misconduct to alternatives
outside the formal discipline system;
(7) Maintain a program, pursuant to court r ule, requiring members to submit

fee dispute to arbitration;
(8) Maintain a program for mediation of disputes between members and their
clients and others;
(9) Maintain a program for lawyerlegal professional practice assistance;
(10) Sponsor, conduct, and assist in producing programs and products of

continuing legal education;
(11) Maintain a system for accrediting programs of continuing legal

education;
3
211
(12) Conduct auditsexaminations oflmvyers'lawyer. LLLT. and LPO t rust
accounts;
(13) Ma intain a lawyers' fund for client protection in accordance with the
Admission wand Practice Rules;
(14) Maintain a program for the aid and rehabilitation of impaired members;
(15) Disseminate information about fra.rthe organization's activities, interests,

a nd positions;
(16) Monitor, r eport on, and advise public officials about matters of interest to
the fra.rorganization and the legal profession;
(17) Maintain a legislative presence to inform member s of new and proposed

laws and to inform public officials about fra.rthe organization's positions a nd
con cerns;
(18) Encourage public service by members and support programs providing

legal services to those in need;
(19) Maintain and foster programs of public information and education abou t
the law and the legal system;
(20) Provide, sponsor.1 and participate in services to its members;
(21) Hire and retain employees to facilitat e and suppor t its mission, purposes,
and a ctivities, including in the .ar.'..sorganization's discretion, authorizing collective
bargaining;
(22) Establish t he amount of all license, application, investigation, and other

related fees, as well as ch arges for services provided by the Washington State Bar
Association, and collect, allocate, invest , and disburse funds so that its mission ,
purposes.1 and activities may be effectively and efficiently discharged. The amount of
any license fee is subject to review by the Supreme Court for reason ableness a nd
may be modified by order of the Court if the Court determines that it is not
reasonable-:;
(23) Administer Supreme Court-create d boards in accordance wit h General

Rule 12.3.
(c) Activities Not Authorized. The Washington State Bar :l\ ssociation will not:
4
212
(1) Take positions on issues concerning the politics or social positions of
foreign nations;
(2) Take positions on political or social issues which do not relate to or affect
the practice of law or t he a dministration of justice; or
(3) Support or oppose, in an election, candidates for public office.
RULE 12.~.Q. WASHINGTON STATE BAR i\SSOCIATION ADMINISTRATION OF

SUPREME COURT-CREATED BOARDS AND COMMITTEES
The Supreme Court has delegated to the Washington State Bar Association
the authority and responsibility to administer certain boards and committees
established by court rule or order. This delegation of authority includes providing
and managing staff, overseeing the boards and committees to monitor th eir
compliance with the rules and orders that authorize and regulate them, paying
expenses reasonably and necessarily incurred pursuant to a budget approved by th e
Board of Governors, performing other functions and taking other actions as
provided in court rule or order or delegated by the Supreme Court, or taking other
actions as are necessary and proper to enable the board or committee to carry out
its duties or functions.
RULE 12.3. IMMUNITY
All boards, committees, or other entities, and thci1 members and personnel,
and all pcmonncl and employees of the Washington State Bar Association, acting on
behalf of the Supreme Comt under the Admission to Practice Rules, the rules fo1
Enforcement of Lawyer Conduct, and the Disciplinary Rules for Limited P1act icc
Officers, shall enjoy quasi judicial immunity if t he Supreme Court .vould have
immunity in pmforming the same functions.
RULE 12.4. WASHINGTON STATE BARi\SSOCI.L'..TIONACCESS TO RECORDS
(a) Policy a nd Purpose . It is the policy of the Washington State Bar

i\ssociation to facilitate access to Bar records. A presumpt ion of public access exists
for Bar records, but public access to Bar records is not absolute and shall be
consistent with reasonable expectations of personal privacy, restrictions in statutes,
restrictions in court rules, or as provided in court orders or protective orders issued
under court rules. Access shall not unduly burden the business of the Bar.
(b) Scope. This rule governs the right of public access to Bar records. This
rule applies to the Washington State Bar Association and its subgroups operated by
the Bar including the Board of Governors, committees, task forces, commissions,
5
213
boards, offices, councils, divisions, sections, and departments. This rule a lso applies
to boards and committees under GR 12 ..g_a administered by th e Bar. A person or
entity entrusted by the Bar with the storage and maintenance of Bar records is not
subj ect to this rule and may not respond to a request for access to Bar r ecords,
absent express written a uthority from the Bar or separate a uthority in rule or
statute to grant access to the documents.
(c) [Unchanged.]
(d) [Unchanged.]
(e) Bar Records--Procedures for Access.
1. General Procedures. The Bar Executive Director sh all appoint a Bar staff
member to serve as the public records officer to whom all records requests shall be
submitted. Records requests must be in writing and delivered to the Bar public
records officer, who shall respond to such requests within 30 days of receipt. The
Washington State Bar 1A.Lssociation must implement this rule and adopt and publish
on its website the public records officer's work mailing address, telephone number ,
fax number, a nd e-mail address, and the procedures and fee schedules for accepting
and r esponding to records r equests by the effective date of this rule. The Bar shall
acknowledge r eceipt of the request within 14 days of receipt, and shall communicate
with the requester as n ecessary to clarify any ambiguities as to the r ecords being
requested. Records requests shall not be directed to other Bar staff or to volunteers
serving on boards, committees, task forces, commissions, sections, councils, or
divisions.
2. [Unch anged.]
(f) [Unch a nged.]
(g) [Unchanged .]
(h) [Unchanged.]
(i) [Unchanged.]
(j) [Unchanged.]
RULE 12.5. IMMUNITY
All boa rds , committees, or other entities, and their members a nd personnel,
a nd all personnel and employees of the Washington State Bar, acting on behalf of
the Supreme Court under the Admission and Practice Rules, the Rules for
6
214
Enforcement of Lawyer Conduct. or the disciplinary rules for limite d practice
officers a nd limited licen se legal technicians. sh all enjoy quasi-judicial immunity if
t he Supreme Court would h ave immunity in performing the same functions.
7
215
DRAFT AMENDMENTS TO GR 12.1 - 12.4
Clean
[for consideration at Aug. 23, 2016 BOG Special Meeting]
RULE 12. REGULATION OF THE PRACTICE OF LAW
The Washington Supreme Court has inhere nt and exclusive authority to

regulate t he pract ice of law in Washington. The legal profession serves clients,
courts, and the public, and h as special responsibilities for the quality of justice
administered in our legal system. The Court ensures the integrity of the legal
profession and protects the public by adopting rules for the regulation of the
practice of law and actively supervising persons and entities acting under the
Supreme Court's authority.
RULE 12.1. REGULATORY OBJECTIVES
Legal services providers must be regulated in the public interest. In

regulating the practice oflaw in Washington, the Washington Supreme Court's
objectives include:
A. Protection of the public;
B. Advancement of the a dministration of justice and t he rule of law;
C. Meaningful access to justice and information about the law, legal issues, and
the civil and criminal justice systems;
D. Transparency regarding the nature and scope oflegal ser vices to be provided,
the credentials of those who provide them, and the availability of regulatory
protections;
E. Delivery of affordable a nd accessible legal services;
F. Efficient, competent, a nd ethical delivery oflegal services;
G. Protection of privilege d and confidential information ;
H. Independence of professional judgment;
I. Accessible civil r emedies for negligence and breach of other duties owed,
disciplinary sanctions for misconduct, a nd adva ncement of appr opriate
preventive or wellness programs;
1
216
J. Diver sity and inclusion amon g legal services providers a nd freedom from
discrimination for th ose receiving legal services an d in the justice system.
RULE 12.2. WASHINGTON STATE BAR: PURPOSES, AUTHORIZED

ACTIVITIES, AND PROHIBITED ACTIVITIES
The Washington Stat e Bar Association was create d in 1933 by the State Bar
Act (RCW 2.48.010) as an agency of the state. In the exercise of its inher ent and
exclusive a uthority to regulate the practice oflaw in Washington , the Supr eme
Court authorizes a nd supervises the Washington State Bar Association's activities.
The Washington State Bar Association sh all be known as the Washington St ate
Bar . The Washington Stat e Bar carries out the administrative r esponsibilities and
functions expressly delegated t o it by t his rule and other Supreme Court r ules and
orders enacted or a dopted to regulate the practice oflaw, including the purposes
and authorized activities set forth below.
(a) Purposes: In Gener al. In general, the Washington State Bar strives to:
(1) Promote independence of the judiciary and th e legal profession.
(2) Promot e a n effective legal syst em, accessible to all.
(3) Provide services to its members and the public.
(4) Foster and maintain high standards of compete nce, profession alism , and
ethics among its members.
(5) Fost er collegiality among its members and goodwill between t he legal
profession and t he public.
(6) Promote diversity and equality in the courts and the legal profession.
(7) Administ er a dmission, r egulat ion, and discipline of lawyer s, Limited

License Legal Technicians (LLLTs), and Limited Practice Officer s (LPOs) in a
ma nner that p rotect s the public and r espects the rights of the applicant or member .
(8) Administer programs of legal education.
(9) Promote understanding of and respect for our legal system and th e law.
(10) Oper ate a well-ma naged and financially sound organization, with a
positive work environment for its employees.
2
217
(11) Serve as a statewide voice to the public and to the branches of
government on matters relating to these purposes and the activities of the
organization and the legal profession.
(b) Specific Activities Authorized. In pursuit of these purposes, the Washington

State Bar may:
(1) Sponsor and maintain committees and sections whose activities further
these purposes;
(2) Support the judiciary in maintaining the integrity and fiscal stability of
an independent and effective judicial system;
(3) Provide periodic reviews and recommendations concerning court rules and
procedures;
(4) Administer examinations and review applicants' character and fitness to

practice law;
(5) Inform and advise its members regarding their ethical obligations;
(6) Administer an effective system of discipline of lawyers, LLLTs, and LPOs,

including receiving and investigating complaints of misconduct by legal
professionals, taking and recommending appropriate punitive and remedial
measures, and diverting less serious misconduct to alternatives outside the formal
discipline system;
(7) Maintain a program, pursuant to court rule, r equiring members to submit

fee disputes to arbitration;
(8) Maintain a program for mediation of disputes between members and

others;
(9) Maintain a program for legal professional practice assistance;
(10) Sponsor, conduct, and assist in producing programs and products of

(11) Maintain a system for accrediting programs of continuing legal

education;
(12) Conduct examinations oflawyer, LLLT, and LPO trust accounts;
3
218
(13) Maintain a fund for client protection in accordance with the Admission
and Practice Rules;
(14) Maintain a program for the aid and rehabilitation of impaired members;
(15) Disseminate information about the organization's activities, interests,

and positions;
(16) Monitor, report on, and advise public officials about matters of interest to
the organization and the legal profession;
(17) Maintain a legislative presence to inform members of new and proposed

laws and to inform public officials about the organization's positions and concerns;
(18) Encourage public service by members and support programs providing

legal services to those in need;
(19) Maintain and foster programs of public information and education about
the law and the legal system;
(20) Provide, sponsor, and participate in services to its members;
(21) Hire a nd retain employees to facilitate and support its mission, purposes,
and activities, including in the organization's discretion, authorizing collective
bargaining;
(22) Establish the amount of all license, application, investigation, and other
r elated fees, as well as ch arges for services provided by the Washington State Bar ,
and collect, allocate, invest, and disburse funds so that its mission, purposes, and
activities may be effectively and efficiently discharged. The amount of any license
fee is subject to review by the Supreme Court for reasonableness and may be
modified by order of the Court if t he Court determines t hat it is not reasonable;
(23) Administer Supreme Court-created boards in accordance with General

Rule 12.3.
(c) Activities Not Authorized. The Washington State Bar will not:
(1) Take positions on issues concerning the politics or social positions of

foreign nations;
(2) Tak e positions on political or social issues which do not relate to or affect
the practice oflaw or the administration of justice; or
4
219
(3) Support or oppose, in an election, candidates for public office.
RULE 12.3. WASHINGTON STATE BAR ADMINISTRATION OF SUPREME

COURT-CREATED BOARDS AND COMMITTEES
The Supreme Court has delegated to the Washington State Bar the authority
and responsibility to administer certain boards and committees established by court
rule or order. This delegation of authority includes providing and managing staff,
overseeing the boards and committees to monitor their compliance with the rules
and orders that authorize and regulate them, paying expenses reasonably and
necessarily incurred pursuant to a budget approved by the Board of Governors,
performing other functions and taking other actions as provided in court rule or
order or delegated by the Supreme Court, or taking other actions as are necessary
and proper to enable the board or committee to carry out its duties or functions.
RULE 12.4. WASHINGTON STATE BAR ACCESS TO RECORDS
(a) Policy and Purpose. It is the policy of the Washington State Bar to
facilitate access to Bar records. A presumption of public access exists for Bar
records, but public access to Bar records is not absolute and shall be consistent with
reasonable expectations of personal privacy, restrictions in statutes, restrictions in
court rules, or as provided in court orders or protective orders issued under court
rules. Access shall not unduly burden the business of the Bar.
(b) Scope. This rule governs the right of public access to Bar records. This
rule applies to the Washington State Bar and its subgroups operated by the Bar
including the Board of Governors, committees, task forces, commissions, boards,
offices, councils, divisions, sections, and departments. This rule a lso applies to
boards and committees under GR 12.3 administered by the Bar. A person or entity
entrusted by the Bar with the storage and maintenance of Bar records is not subject
to this rule and may not respond to a request for access to Bar records, absent
express written authority from the Bar or separate authority in rule or statute to
grant access to the documents.
(c) [Unchanged.]
(d) [Unchanged.]
(e) Bar Records--Procedures for Access.
1. General Procedures. The Bar Executive Director shall appoint a Bar staff
member to serve as the public records officer to whom all records requests shall be
submitted. Records requests must be in writing and delivered to the Bar public
5
220
records officer, who shall respond to such requests within 30 days of receipt. The
Washington State Bar must implement this rule and adopt and publish on its
website the public records officer's work mailing address, telephone number, fax
number , and e-mail address, and the procedures and fe e sch edules for accepting and
responding to records requests by the effective date of this rule. The Bar shall
acknowledge receipt of the request within 14 days of receipt, and shall communicate
with the requester as necessary to clarify any ambiguities as to the records being
requested. Records requests shall not be directed to other Bar staff or to volunteers
serving on boards, committees, task forces, commissions, sections, councils, or
divisions.
2. [Unchanged.]
(f) [Unchanged.]
(g) [Unchanged.]
(h) [Unchanged.]
(i) [Unchanged.]
(i) [Unchan ged.]
RULE 12.5. IMMUNITY
All boards, committees, or other entities, and their members and personnel,
and all personnel and employees of the Washington State Bar, acting on behalf of
the Supreme Court under the Admission a nd Practice Rules, the Rules for
Enforcement of Lawyer Conduct, or the disciplinary rules for limited practice
officers and limited license legal technicians, shall enjoy quasi-judicial immunity if
the Supreme Court would have immunity in performing the same functions.
6
221
105
AMERICAN BAR ASSOCIATION
ADOPTED BY THE HOUSE OF DELEGATES
FEBRUARY 8, 2016
RESOLUTION
RESOLVED , That the American Bar Association adopts the ABA Model Regulatory Objectives
for the Provision of Legal Services, dated February, 2016.
ABA Model Regulatory Objectives for the Provision of Legal Services
A. Protection of the public

B. Advancement of the administration of justice and the rule of law
C. Meaningful access to justice and info1mation about the law, legal issues, and the civil and
c1iminal justice systems
D. Transparency regarding the nature and scope oflegal services to be provided, the
credentials of those who provide them, and the availability of regulatory protections
E. Delivery of affordable and accessible legal services
F. Efficient, competent, and ethical delivery of legal services
G. Protection of privileged and confidential infmmation
H. Independence of professional judgment
I. Accessible civil remedies for negligence and breach of other duties owed, disciplinary
sanctions for misconduct, and advancement of appropriate preventive or wellness
programs
J. Diversity and inclusion among legal services providers and freedom from discrimination
for those receiving legal services and in the justice system
FURTHER RESOLVED, That the American Bar Association urges that each state's highest
comt, and those of each territory and tribe, be guided by the ABA Model Regulatory Objectives
for the Provision of Legal Services when they assess the court' s existing regulatory framework
and any other regulations they may choose to develop concerning non-traditional legal service
providers.
FURTHER RESOLVED, That nothing contained in this Resolution abrogates in any manner
existing ABA policy prohibiting non lawyer ownership of law firms or the core values adopted
by the House of Delegates.
222
105
REPORT
I. Background on the Development of ABA Model Regulatory Objectives for the

Provision of Legal Services
The American Bar Association's Commission on the Future of Legal Services was created in
August 2014 to examine how legal services are delivered in the U.S. and other countries and to
recommend innovations that improve the delivery of, and the public's access to, those services.'
As one patt of its work, the Commission engaged in extensive research about regulatory
innovations in the U.S. and abroad. The Commission found that U.S. jurisdictions are
considering the adoption of regulatory objectives to serve as a framework for the development of
standards in response to a changing legal profession and legal services landscape. Moreover,
numerous countries already have adopted their own regulatory objectives.
The Commission concluded that the development of regulatory objectives is a useful initial step
to guide supreme comts and bar authorities when they assess their existing regulatory framework
and any other regulations they may choose to develop concerning non-traditional legal service
providers. Given that supreme comts in the U.S. are beginning to consider the adoption of
regulatory objectives and given that providers of legal assistance other than lawyers are already
actively serving the American public, it is especially timely and important for the ABA to offer
guidance in this area.
This Report discusses why the Commission urges the House of Delegates to adopt the
accompanying Resolution.
II. T he Purpose of Model Regulatory Objectives for the Provision of Legal Services
The Commission believes that the a1ticulation of regulatory objectives serves many valuable
purposes. One recent article cites five such benefits:
First, the inclusion of regulatory objectives definitively sets out the purpose of
lawyer regulation and its parameters. Regulatory objectives thus serve as a guide
to assist those regulating the legal profession and those being regulated. Second,
regulatory objectives identify, for those affected by the patticular regulation, the
purpose of that regulation and why it is enforced. Third, regulatory objectives
assist in ensuring that the function and purpose of the pa1ticular [regulation] is
transparent. Thus, when the regulatory body administering the [regulation] is
questioned-for example, about its interpretation of the [regulation]- the
regulatory body can point to the regulatory objectives to demonstrate compliance
with function and purpose. Fomth, regulatory objectives can help define the
parameters of the [regulation] and of public debate about proposed [regulation].
1
Additional information about the Commission, including descriptions of the Commission's six working groups,
can be found on the Commission's web site as well as in the Commission's November 3, 2014 issues lliillS'.I That
paper generated more than 60 co mments.
223
105
Finally, regulatory obj ectives may help the legal profession when it is called upon
to negotiate with governmental and nongovernm ental entities about regulations
affecting legal practice. 2
In addition to these benefits, the Commission believes Model Regulatory Obj ectives for the
Provision of Legal Services will be useful to guide the regulation of an increasingly wide anay
of already existing and possible future legal services providers. 3 The legal landscape is changing
at an unprecedented rate. In 2012, investors put $66 million dollars into legal service technology
companies. By 2013, that figure was $458 million.4 One source indicates that there are well over
a thousand legal tech startup companies cun-ently in existence.5 Given that these services are
already being offered to the public, the Model Regulatory Obj ectives for the Provision of Legal
Services will serve as a useful tool for state supreme com1s as they consider how to respond to
these changes.
A number of U.S. jurisdictions have articulated specific regulatory obj ectives for the lawyer
disciplina1y function.6 At least one U.S . jurisdiction (Colorado) is considering the adoption of
regulatory obj ectives that are intended to have broader application similar to the proposed ABA
Model Regulatory Objectives for the Provision of Legal Services. 7 In addition, the development
and adoption of regulatoiy objectives with broad application has become increasingly common
around the world. Nearly two dozen jurisdictions outside the U.S . have adopted them in the past
decade or have proposals pending. Australia, Denmark, England, India, Ireland, New Zealand,
Scotland, W ales, and several Canadian provinces are examples. 8
2
Laurel Terry, Steve Mark & Tahlia Gordon, Adopting Regulatory Objectives for the Legal Profession, 80
FORDHAM LAW REVIEW 2685, 2686 (2012), available at http://papers.ssrn.com/ sol3/papers.
cfm?abstract id=2085003. The original quote refers to "legislation" rather than "regulation," but regulatory
objectives serve the same purpose in both cases.
3
As noted by the ABA Stand ing Committee on Paralegals in its comments to the Com mi ssion, paralegals already
assist in the accomplishment of many of the Commission's proposed Regulatory Obj ectives.
4
Joshua Kubick, 2013 was a Big Year for Legal Stm1ups; 2014 Could Be Bigger, T echCo (Feb. 14, 2015), available
at http://tech.co/20 l 3-big-year-legal-startups-2014-bigger-20 14-02.
5
https://angel.co/legal
6
For example, in Arizona "the stated objectives of disci plinary proceydings are: {l) maintenance of the integrity of
the profession in the eyes of the public, (2) protection of the public from unethical or incompetent lawyers, and (3)
deterrence of other lawyers from engaging in illegal or unprofessional conduct." In re Murray, 159 Ariz. 280, 282,
767 P.2d 1, 3 ( 1988). In add ition, the Court views "d iscipli ne as assisting, if possible, in the rehabilitation of an
errant lawyer." In re Hoover, 155 Ariz. 192, 197, 745 P.2d 939, 944 {1987). California Business & Professions
Code Section 600 1.1 states that "[T] he protection of the public shall be the highest priority for the State Bar of
California and the board of trustees in exercising their licensing, regulatory, and disciplinary func tions. Whenever
the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public
shall be paramount." T he Illinois Attorney Registration and Disciplinary Commission of the Supreme Court of
Illinois {ARDC) adopted the fo llowing: "The mission of the ARDC is to promote and protect the integrity of the
legal profession, at the direction of the Supreme Court, through attorney registration, education, investigation,
~rosecuti on and remedial action."
A Supreme Court of Colorado Advisory Committee is currently developing, for adoption by the Court,
"Regulatory Objectives of the Supreme Court of Colorado."
8
For a more extensive history of the "regulatory objectives movement," see Laurel Terry, Why Your Jurisdiction
Should Jump on the Regulatory Objectives Bandwagon, TH E PROFESS IONAL LAWYER (20 13), available at
http://www.personal. psu.ed u/ facu lt y/l/s/lst3/Terry Regulatory Ob jec ti ves Bandwagon ?O 13.pdf.
224
105
These Model Regulatory Objectives for the Provision of Legal Services are intended to stand on
their own. Regulators should be able to identify the goals they seek to achieve through existing
and new regulations. Having explicit regulatory objectives ensures credibility and transparency,
thus enhancing public trust as well as the confidence of those who are regulated.9
From the outset, the Commission has been transparent about the broad array of issues it is
studying and evaluating, including those legal services developments that are viewed by some as
controversial, threatening, or undesirable (e.g., alternative business strnctures). The adoption of
this resolution does not abrogate in any manner existing ABA policy prohibiting non-lawyer
ownership of law firms or the core values adopted by the House of Delegates. It also does not
predetermine or even imply a position on other similar subjects. If and when any other issues
come to the floor of the House of Delegates, the Association can and should have a full and
informed debate about them.
The Commission intends for these Model Regulatory Objectives for the Provision of Legal
Services to be used by supreme couits and their regulatory agencies. As noted in the Further
Resolved Clause of this Resolution, the Objectives are offered as a guide to supreme couits.
They can serve as such for new regulations and the interpretation of existing regulations, even in
the absence of fo1mal adoption. As with any ABA model, a supreme court may choose which, if
any, provisions to be guided by, and which, if any, to adopt.
Although regulatory objectives have been adopted by legislatures of other countries due to the
manner in which their governments operate, they are equally useful in the context of the
judicially-based system of legal services regulation in the U.S., which has been long supported
by the ABA.
Regulatory objectives can serve a purpose that is similar to the Preamble to the Model Rules of
Professional Conduct. In jurisdictions that have formally adopted the Preamble, the Rules
provide mandatory autho1ity, and the Preamble offers guidance regarding the foundation of the
black letter law and the context within which the Rules operate. In much the same way,
regulatory objectives are intended to offer guidance to U.S. jurisdictions with regard to the
foundation of existing legal services regulations (e.g., unauthorized practice restrictions) and the
purpose of and context within which any new regulations should be developed and enforced in
the legal services context.
Ill Relationship to the Legal Profession's Core Values
Regulatory objectives are different from the legal profession's core values in at least two
respects. First, the core values of the legal profession are (as the name suggests) directed at the
"legal profession." 10 By contrast, regulatory objectives are intended to guide the creation and
9
As Professor Laurel Terry states in comments she submitted in response to the Commission's circulation of a draft
of these Regulatory Objectives, if "a regulator can say what it is trying to achieve, its response to a particular issue -
whatever that response is - should be more thoughtful and should have more credibility. It seems to me that this is
in everyone's interest."
10
See ABA House of Delegates Recommendation lOF (adopted July 11, 2000), available at
http://www.americanbar.org/groups/professional responsi bi Ii ty/commission mult idisci pIi na1y practice/mdprecom I
225
105
interpretation of a wider an-ay of legal services regulations, such as regulations covering new
categories of legal services providers. For this reason, some duties that already exist in the Model
Rules of Professional Conduct (e.g., the duty of confidentiality) are restated in the Model
Regulatory Objectives for the Provision of Legal Services to emphasize their importance and
relevance when developing regulations for legal services providers who are not lawyers.
Second, while the core values of the legal profession remain at the center of attorney conduct
mles, they offer only limited, though still essential, guidance in the context of regulating the
legal profession. A more complete set of regulatory obj ectives can offer U.S. jurisdictions clearer
regulatory guidance than the core values typically provide. 11
The diffe1ing functions served by regulatory objectives and core values mean that some core
values are articulated differently in the context of regulatory obj ectives. For example, the
concept of client loyalty is an oft-stated and impo11ant core value, but in the context of regulatory
objectives, client loyalty is expressed in more specific and concrete terms through independence
of professional j udgment, competence, and confidentiality.
Fw1her, the Commission recognizes that, in addition to civil remedies for negligence and breach
of other duties owed, and disciplinary sanctions for misconduct, advancement of appropriate
preventive or wellness programs for providers of legal services is important. Such programs not
only help improve service as well as providers' well-being, but they also assist providers in
avoiding actions that could lead to civil claims or disciplinary matters.
IV. Recommended ABA Model Regulatory Objectives for the Provision of Legal
Services
The Commission developed the Model Regulatory Objectives for.the Provision of Legal Services
by drawing on the expertise of its own members, 12 discussing multiple drafts of regulatory
objectives at Commission meetings, reviewing regulatory objectives in nearly two dozen
jurisdictions, and reading the work of several scholars and resource expe11s. 13 The Commission
Of.html. This recommendation lists the following as among the core values of the legal profession: the lawyer's
duty of undi vided loyalty to the client; the lawyer's duty competently to exercise independent legal judgment for the
benefit of the client; the lawyer's duty to hold client confidences inviolate; the lawyer's duty to avoid conflicts of
interest with the client; the lawyer's duty to help maintain a single profession of law with responsibilities as a
representative of clients, an officer of the legal system, and a public citizen having special responsibilities for the
~u ality of justice; and the lawyer's duty to promote access to justice.
1
The Commission notes that there also are important professionalism values to which all legal services providers
should aspire. Some aspects of professionalism fold into the Objectives related to ethical delivery of services,
independence of professional judgment and access to justice. Others may not fit neatly into the distinct purpose of
regulatory objectives for legal services providers, just as they do not fall within the mandate of the ethics rules for
lawyers,
12
The Commission includes representatives from the judiciary and regulatory bodies, academics, and practitioners.
13
Materials reviewed include Steve Mark, Tahlia Gordon, Marlene LeBrun & Gary Tamsitt, Preserving the Ethics
a11d 111tegrity of the Legal Profession i11 a11 Evolvi11g Market: A Comparative Regulatory Response, available at
http://www.olsc.nsw.gov.au/agdbasev7wr/olsc/documents/pdf/preserving%20ethics%20integrity%201ega1%20profe
ssion%20uk paper.pdf; Andrew Perlman, Towards the Law of Legal Services (2015), available at
http://papers.ssrn.com/sol3/papers.cfm?abstracl id=256 l014; Laurel Terry, Steve Mark &Tahlia Gordon, Adopting
Regulatory Objectives for the Legal Profession, 80 FORDHAM LAW REV IEW 2685, 2686 (2012), available at
http://papers.ssrn.com/sol3/papers.cfm?abstract id=2085003; THE LAW SOCIETY, THE MINISTRY OF JUSTICE'S CALL
226
105
also sought input and incorporated suggestions from individuals and other entities, including the
ABA Standing Committee on Discipline and the ABA Standing Committee on Ethics and
Professional Responsibility.
Respectfully submitted,
Judy PeITy Mattinez, Chair

Andrew Perlman, Vice-Chair
Commission on the Future of Legal Services
Febrnary 2016
FOR EVIDENCE ON THE REGULATION OF LEGAL SERVICES lN ENGLAND AND W ALES: T HE L AW SOCIETY'S RESPONSE
(Sept. 2, 2013), available at htt ps://www.lawsociety.or g.uk/ pol icy-campaigns/consultation-responses/regulation-of-
legal-ser vices/ .
227
105
GENERAL INFORMATION FORM
Submitting Entity: ABA Corrunission on the Future of Legal Services
Submitted By: Judy Perry Ma1tinez, Chair
1. Surrunary of Resolution(s).
The Commission on the Future of Legal Services seeks adoption of ABA Model Regulatory
Objectives for the Provision of Legal Services by the House of Delegates. The Commission
fu1ther requests that the House recommend that each state's highest comt, and those of each
tell'itory and tribe, be guided by clearly identified regulatory objectives such as those contained
in the proposed ABA Model Regulatory Objectives for the Provision of Legal Services. Given
that supreme comts in the U.S . are beginning to consider the adoption of regulatory objectives
and given that providers of legal assistance other than lawyers are already actively serving the
American public, it is especially timely and important for the ABA to offer guidance in this area.
It is important for regulators to be able to easily identify the goals they seek to achieve through
existing and new regulations. The adoption of ABA Model Regulatory Objectives for the
Provision of Legal Services would create a valuable framework to guide the comts in the face of
the burgeoning access to justice crisis and fast paced change affecting the delivery of legal
services in order that the comts can assess their existing regulatory framework and any other
regulations they may choose to develop concerning non-traditional legal service providers. Use
of ABA Model Regulatory Objectives for the Provision of Legal Services also will help courts
continue to ensure credibility and transparency in the regulatory process, which enhances not
only the public's trust in judicial regulation, but also the confidence of those who are regulated.
2. Approval by Submitting Entity.
The Commission on the Future of Legal Services approved the filing of this Resolution at its
meeting on September 25 and 26, 2015.
3. Has this or a similar resolution been submitted to the House or Board previously?
No
4. What existing Association policies are relevant to this Resolution and how would they be
affected by its adoption?
This Resolution is consistent with existing and longstanding ABA policies supporting state-
based judicial regulation and does not affect them.
5. If this is a late repo1t, what urgency exists which requires action at this meeting of the
House? NIA
228
105
6. Status of Legislation. (If applicable) N/ A
7. Brief explanation regarding plans for implementation of the policy, if adopted by the House
of Delegates.
The Policy Implementation Committee of the Center for Professional Responsibility has in
place the procedures and infrastructure to successfully implement any policies relating to the
regulation of the legal profession that are adopted by the House of Delegates. The Policy
Implementation Committee works with the Conference of Chief Justices as part of its process.
The Commission on the Future of Legal Services has been in communication with Center for
Professional Responsibility volunteer leadership and the Center Director in anticipation of
the implementation effort. The Policy Implementation Committee has been responsible for
the successful implementation of the recommendations of the ABA Commission on Ethics
20/20, Ethics 2000 Commission, the Commission on Multijurisdictional Practice and the
Commission to Evaluate the Model Code of Judicial Conduct. The Commission will also
engage the ABA Legal Services Division regarding the implementation effort should the
House adopt the Resolution.
8. Cost to the Association. (Both direct and indirect costs)
None
9. Disclosure of Interest. (If applicable)
10. Referrals.
On September 29, 2015 the Commission released for comment to all ABA entities, state and
local bar associations, and affiliated entities a draft of this Resolution and the accompanying
draft Repo1t. In addition, the Commission consulted with the ABA Standing Committee on
Professional Discipline and Standing Committee on Ethics and Professional Responsibility at
an earlier stage <luting its study of regulatory objectives. The Commission carefully
considered the feedback from those entities in the development of this Resolution.
11. Contact Name and Address Information. (Prior to the meeting. Please include name, address,
telephone number and e-mail address)
Ellyn S. Rosen
Deputy Director and Regulation Counsel
ABA Center for Professional Responsibility
321 North Clark Street, 17th floor
Chicago, IL 60654-7598
Phone: 3 12/988-531 1
Ellyn .Rosen@americanbar.org
229
105
12. Contact Name and Address Info1mation. (Who will present the repo1t to the House? Please
include name, address, telephone number, cell phone number and e-mail address.)
Judy Perry Ma1tinez

1724 Valence Street
New Orleans, LA 70115
Phone: 504/914-7912
Email: jpma1tinez6(C~gmail.com
Stephen A. Saltzburg
George Washington University Law School
2000 H Street NW
Washington, DC 20052
Phone: 202/994-7089
Email: ssaltz(c'law.gwu.edu
230
105
EXECUTIVE SUl\IIMARY
1. Summary of the Resolution
The Commission on the Future of Legal Services is proposing for House of Delegates adoption
ABA Model Regulatory Objectives for the Provision of Legal Services. The Commission also
requests that the House adopt the part of the Resolution that recommends that each state's
highest com1, and those of each telTitory and tribe, be guided by clearly identified regulatory
objectives such as those contained in the proposed ABA Model Regulatory Objectives for the
Provision of Legal Services.
The adoption of ABA Model Regulatory Objectives for the Provision of Legal Services would
create a valuable framework to guide the courts as they, in the face of the burgeoning access to
justice crisis and fast paced change affecting the delivery of legal services assess their existing
regulatory framework and any other regulations they may choose to develop concerning non-
traditional legal service providers. Use of ABA Model Regulatory Objectives for the Provision
of Legal Services would also help com1s continue to ensure credibility and transparency in the
regulatory process, and that enhances not only the public's trust in judicial regulation, but also
the confidence of those who are regulated.
2. Summary of the Issue that the Resolution Addresses
The ABA Commission on the Future of Legal Services was created in August 2014 to examine
how legal services are delivered in the U.S. and other countries and to recommend innovations
that improve the delivery of, and the public's access to, those services. As one part of its
multifaceted work, the Commission engaged in extensive research about regulatory
developments in the U.S. and abroad. The ABA has long supported state-based judicial
regulation; its policies doing so do not, however, set forth a centralized framework of broad and
explicit regulatory objectives to serve as a guide for such regulation. This Resolution, if adopted,
would fill this policy void and serve as a useful tool to help courts easily identify the explicit
goals they seek to achieve when they assess their existing regulatory framework and any other
regulations they may choose to develop concerning non-traditional legal service
providers. Given that supreme courts in the U.S. are beginning to consider the adoption of broad
regulatory objectives, and given that providers of legal assistance other than lawyers are already actively
serving the American public, the Commission believes that it is timely and important for the ABA to offer
guidance in this area.
3. Please Explain How the Proposed Policy Position will address the issue
The adoption of ABA Model Regulatory Objectives for the Provision of Legal Services would
create the valuable and needed framework to help courts as they, in the face of the burgeoning
access to justice crisis and fast paced change affecting the delivery of legal services: (1) assess
their existing regulatory framework and (2) identify and implement regulations related to legal
services beyond the traditional regulation of the legal profession. While allowing for
jurisdictional flexibility, the centralized framework set fo11h in the ABA Model Regulatory
Objectives for the Provision of Legal Services would also facilitate jurisdictional consistency.
231
105
Use of ABA Model Regulatory Objectives for the Provision of Legal Services would also help
comts continue to ensure credibility and transparency in the regulatory process, which enhances
not only the public's trust in judicial regulation, but also the confidence of those who are
regulated.
4. Summary of Minority Views
From the outset, the Commission on the Future of Legal Services has been committed to and
implemented a process that is transparent and open. The Commission has engaged in broad
outreach and provided full opportunity for input into its work. Inherent in any undertaking of this
scope and complexity is the recognition that there will be disagreements about the approach to
issues as well as the substance of proposals.
On September 29, 2015 the Commission released for comment to all ABA entities, state and
local bar associations, and affiliated entities a draft of this Resolution and the accompanying
draft Repo11. At the time this Executive Summary was filed with the House of Delegates, the
Commission was aware only that the following disagree with the Resolution:
The New Jersey State Bar Association has expressed its belief that the Resolution is contrary to
the profession's core values and promotes a tiered system of justice.
LaITy Fox filed comment in opposition in his individual capacity.
10
232
WSBA
BOARD OF GOVERNORS
Anthony David Gipe phone: 206.386.4721

Immediate Past President e-mail: adgipeWSBA@g.mail.com
From: Anthony David Gipe, BOG Bylaws Workgroup Chair, Immediate Past President
Subject: Bylaws Workgroup Report
Action: Approve Proposed WSBA Bylaw Amendments to be effective January 1, 2017.
This memo provides an update on the work of the Bylaws Workgroup since first reading of the
proposed bylaws amendments at the Board's August 23, 2016, meeting. The Workgroup met on
September 15, 2016, to discuss comments made at the August 23rd meeting and written
comments received by the Workgroup to the proposed amendments presented for first reading.
Changes to the Workgroup 's recommendations as a result are summarized below. Three
versions of the Articles mentioned below are attached to this memo: (1) one version showing
changes just since first reading; (2) one version showing all currently proposed changes to the
existing bylaw; and (3) a clean version showing the as-amended bylaw if the proposed changes
are adopted by the BOG.
Changes to Proposed Bylaws Amendments Since August 23rd BOG Meeting:
Art. III (Membership): The Workgroup recommends changing Heading A from "Classes
of Membership" to "Member License Types" for consistency and accuracy.
Art. IV (Governance): The Workgroup presented three versions of proposed

amendments for first reading, reflecting three different ways of filling the new positions
on the BOG. In light of discussion at the August 23rd meeting, the Workgroup is now
presenting only two versions for the BOG's consideration, which correspond to the
original Version 1 (the LLLT/LPO Governor and two public Governors to be elected by
the BOG) and Version 3 (the LLLT/LPO Governor to be elected by the BOG and the
two public Governors to be nominated by the BOG and appointed by the Washington
Supreme Court). For ease of reference, these two proposals will continue to be referred
to as Version 1 and Version 3.
Working Together to Champion Justice

Page I 233
All other articles remain unchanged since first reading and the Workgroup recommends
that the previously proposed amendments to those articles be approved by the BOG.
Delayed Execution:
Any adoption of the portions of Article IV and VI relating to the addition and election of three
new at-large Governor positions will have to be expressly delayed until the Supreme Court
chooses to take action to issue an order adding the new positions.
Issues Not Recommended by the Workgroup, but Referred to the BOG for Consideration:
In forwarding the two versions of Article IV and VI, the Workgroup makes no recommendation
on preference for the two versions, and asks the BOG to determine which is more appropriate for
action.
In addition, the Article III changes to membership do raise implications for other aspects of the
Bylaws, as discussed at the August meeting, primarily relating to who would be qualified to run
for Governor positions, or who would be qualified to seek election as an officer of the Bar.
Rather than make a recommendation in this regard, the Workgroup chose to leave this discussion
for the BOG to address.
The BOG supplemental materials include all the comments received by the Workgroup, although
some of the input was not incorporated into these amendments for consideration by the BOG.
Although the comments touched on a number of areas, few if any of the comments proposed
actual amendment to the draft bylaws. The comments are to inform the BOG if there is debate
on topics beyond the items amended by the Workgroup.
Attachments:
1. New clean and redlined versions of proposed amendments to Articles III, IV (Versions 1
and 3), IX, and XI.
2. Memo dated August 17, 2016, from Anthony David Gipe to Board of Governors.
3. Clean and redlined versions presented for first reading of proposed amendments to GR 12
and Articles I, II, V, VI (Versions 1 and 3), VII, VIII, X, XII, XIII, XV, and XVI.

Page 3 234
CLEAN COPY (9/16/2016)
Ill MEMBERSHIP
A. MEMBER LICENSE TYPES.
1. Members of the Washington State Bar consist of these types oflicensed legal
professionals:
a. Lawyers admitted to the Bar and licensed to practice law pursuant to APR
3 and APR 5;
b. Limited License Legal Technicians; and
c. Limited Practice Officers.
Members of one type do not automatically qualify to be or become a member of

another type, and in order to become a member of another type the member must
comply with the requirements for admission as a member of that type.
2. Lawyers licensed to practice law in Washington pursuant to APR 8 (except

Emeritus Pro Bono members) and APR 14, or who are permitted to practice
pursuant to RPC 5.5 without being licensed in Washington are not members
of the Bar.
3. Membership in the Bar ends when a member is disbarred or the equivalent,

the member resigns or otherwise terminates his or her license, or when the
member's license is revoked or terminated for any reason.
B. STATUS CLASSIFICATIONS.
Membership status classifications have the qualifications, privileges, and

restrictions specified.
1. Active.
Any member who has been duly admitted by the Supreme Court to the
practice oflaw in Washington State who complies with these Bylaws and the
Supreme Court rules applicable to the member's license type, and who has not
changed to another status classification or had his or her license suspended is
an Active member.
a. Active membership in the Bar grants the privilege to engage in the

practice oflaw consistent with the rules governing the member's
license type. Upon payment of the Active annual license fee and
assessments required for the member's license type, compliance with
these Bylaws and the applicable Supreme Court rules, and compliance
with all other applicable licensing requirements, Active members are
full y qualified to vote, hold office and otherwise participate in the
235
affairs of the Bar as provided in these Bylaws.
b. Active members may:
l) Engage in the practice of law consistent with the rules

governing their license type;
2) Be appointed to serve on any co1mnittee, board, panel, council,

task force, or other Bar entity;
3) Vote in Bar matters and hold office therein, as provided in

these Bylaws;
4) Join Bar sections as voting members; and
5) Receive member benefits available to Active members.
c. All persons who become members of the Bar must first do so as an

Active member.
2. Inactive.
Inactive members must not practice law in Washington, nor engage in

employment or duties that constitute the practice oflaw. Inactive
members are not eligible to vote in Bar matters or hold office therein, or
serve on any committee or board.
a. Inactive members may:
l ) Join Bar sections as non-voting members;
2) Continue their affiliation with the Bar;
3) Change their membership status to Active pursuant to these

Bylaws and any applicable court rule;
4) Request a free subscription to the Bar's official publication;

and
5) Receive member benefits available to Inactive members.
b. Types of Inactive membership:
1) Inactive Member: Inactive members must pay an annual

license fee in an amount established by the BOG and approved
by the Supreme Court. Unless otherwise stated in the APR,
they are not required to earn or report MCLE credits while
2
236
Inactive, but may choose to do so, and may be required to do

so to return to Active membership.
2) Disability: Disability inactive members are not required to pay

a license fee, or earn or report MCLE credits while in this
status, but they may choose to do so, and they may be required
to earn and report MCLE credits to return to Active
membership.
3) Honorary: All members who have been Active or Judicial, or

a combination of Active and Judicial, members for 50 years
may elect to become Honorary members of the Bar. Honorary
members are not required to pay a license fee. A member who
otherwise qualifies for Honorary membership but wants to
continue to practice law in any manner must be an Active
member or, if applicable, an Emeritus Pro Bono member.
3. Judicial. [Effective January 1, 2012]
a. An Active member may qualify to become a Judicial member if the

member is one of the following:
1) A current judge, commissioner, or magistrate judge of the

courts ofrecord in the State of Washington, or the courts of the
United States, including Bankruptcy courts;
2) A cmTent judge, commissioner, or magistrate in the district or

municipal courts in the State of Washington, provided that such
position requires the person to be a lawyer;
3) A current senior status or recall judge in the courts of the

United States;
4) An administrative law judge, which is defined as either:
(a) Current federal judges created under Article I of the

United States Constitution, excluding Bankruptcy court
judges, or created by the Code of Federal Regulations,
who by virtue of their position are prohibited by the
United States Code and/or the Code of Federal
Regulations from practicing law; or
(b) Full-time Washington State administrative law judges

in positions created by either the Revised Code of
Washington or the Washington Administrative Code; or
5) A current Tribal Court judge in the State of Washington.
237
b. Members not otherwise qualified for Judicial membership under (1)

through (5) above and who serve full-time, part-time or ad hoc as pro
tempore judges, commissioners or magistrates are not eligible for
Judicial membership.
c. Judicial members, whether serving as a judicial officer full-time or

part-time, must not engage in the practice of law and must not engage
in mediation or arbitration for remuneration outside of their judicial
duties.
d. Judicial members:
1) May practice law only where permitted by the then current

Washington State Code of Judicial Conduct as applied to full-
time judicial officers;
2) May be appointed to serve on any task force, council or

Institute of the Bar;
3) May receive member benefits provided to Judicial members;

and
4) May be non-voting members in Bar sections, if allowed under

the section's bylaws.
5) Judicial members are not eligible to vote in Bar matters or to

hold office therein.
e. Nothing in these Bylaws will be deemed to prohibit Judicial members

from carrying out their judicial duties.
f. Judicial members who wish to preserve eligibility to transfer to

another membership status upon leaving service as a judicial officer:
1) must provide the member registry information required of other

members each year unless otherwise specified herein, and
provide the Bar with any changes to such information within
10 days of any change; and
2) must annually pay any required license fee that may be

established by the Bar, subject to approval by the Supreme
Court, for this membership status. Notices, deadlines, and late
fees will be consistent with those established for Active
members.
g. Judicial members must inform the Bar within 10 days when they retire
or when their employment situation has otherwise changed so as to
cause them to be ineligible for Judicial membership, and must apply to
238
change to another membership status or to resign.
1) Failure to apply to change membership status or to resign

within ten days of becoming ineligible for Judicial
membership, when a Judicial member has annually maintained
eligibility to transfer to another membership status, is cause for
administrative suspension of the member.
2) A Judicial member who has not annually complied with the

requirements to maintain eligibility to transfer to another
membership status and who is no longer eligible for Judicial
membership who fails to change to another membership status
will be deemed to have voluntarily resigned.
h. Administrative law judges who are judicial members must continue to

comply with APR 11 regarding MCLE. Either judicial continuing
education credits or lawyer continuing legal education credits may be
applied to the credit requirement for judicial members; if judicial
continuing education credits are applied, the standards for determining
accreditation for judicial continuing education courses will be accepted
as establishing compliance.
L Legal, legislative, and policy positions and resolutions taken by the

BOG are not taken on behalf of Judicial members, are not considered
to be those of Judicial members, and are not binding on Judicial
members.
J. The Bar's disciplinary authority over Judicial members is governed

exclusively by ELC 1.2 and RPC 8.5.
4. Emeritus Pro Bono.
A member may become an Emeritus Pro Bono member by complying with the
requirements of APR 8(e), including payment of any required license fee and
passing a character and fitness review.
Emeritus Pro Bono members must not engage in the practice oflaw except as
permitted under APR 8(e), but may:
a. Be appointed to serve on any task force, council, or Institute of the

Bar. In addition, up to two Emeritus Pro Bono members are permitted
to serve on the Pro Bono Legal Aid Committee (PB LAC) and may be
appointed to serve as Chair, Co-Chair, or Vice-Chair of that
committee;
b. Join Bar sections;
c. Request a free subscription to the Bar's official publication; and
239
d. Receive member benefits available to Emeritus Pro Bono members.
5. Suspended.
Members of any type and status can have their membership suspended by
order of the Washington Supreme Court. Although suspended members
remain members of the Bar, they lose all rights and privileges associated with
that membership, including their authorization and license to practice law in
Washington.
C. REGISTER OF MEMBERS.
1. All Bar members, including Judicial members who wish to preserve eligibility
to transfer to another membership status upon leaving service as a judicial
officer, must furnish the information below to the Bar:
a. physical residence address;
b. physical street address for a resident agent if required to have one

pursuant to these Bylaws or by court rule;
c. principal office address, telephone number, and email address;
d. such other data as the BOG or Washington Supreme Court may from
time to time require of each member
and must promptly advise the Executive Director in writing of any change
in this information within 10 days of such change. Judicial members are
not required to provide a physical residence address.
2. The Executive Director will keep records of all members of the Bar,
including, but not limited to:
a. physical residence address furnished by the member;
b. principal office address, telephone number, and email address

furnished by the member;
c. physical street address of any resident agent for the member;
d. date of admittance;
~.class of membership;
f. date of transfer(s) from one class to another, if any;

g. date and period(s) of administrative suspensions, if any;
h. date and period of disciplinary actions or sanctions, if any including

6
240
suspension and disbannent;
i. such other data as the BOG or Washington Supreme Court may from
time to time require of each member.
3. Any Active member residing out-of-state must file with the Bar, in such form
and manner as the Bar may prescribe, the name and physical street address of
a designated resident agent within Washington State. The member must
notify the Bar of any change in resident agent within 10 days of any such
change.
4. Any member who fails to provide the Bar with the information required to be
provided pursuant to these Bylaws, or to notify the Bar of any changes in such
information within 10 days, will be subject to administrative suspension
pursuant to these Bylaws and/or the Admission and Practice Rules. Judicial
members are exempt from suspension pursuant to this provision while eligible
for Judicial membership and serving as a judicial officer.
D. CHANGE OF MEMBERSHIP STATUS TO ACTIVE.
1. Members may change membership status as provided below. In some

situations, LLLTs and LPOs will need to refer to the APR for the appropriate
procedure.
a. Transfer from Inactive to Active.
1) An Inactive member or Honorary member may transfer to Active

by:
a) paying an application and/or investigation fee and completing

and submitting an application form, all required licensing
forms, and any other required information;
b) earning, within the six years preceding the return to Active

status, and reporting the total number of approved MCLE
credits required for one reporting period for an Active member
with the same license type, and paying any outstanding MCLE
late fees that are owed. If the member has been Inactive or a
combination of Suspended and Inactive for less than one year,
and the member would have been required to report during the
time the member was Inactive and/or Suspended, the member
must establish that the member is compliant with the MCLE
reporting requirements for that reporting period before the
member can change to Active. This paragraph does not apply
to members transferring back to Active during their first
MCLE reporting period;
c) passing a character and fitness review essentially equivalent to
241
that required of all applicants for admission to the Bar,

pursuant to APR 20-24.3; and
d) paying the current Active license fee, including any mandatory

assessments, less any license fee (not including late fees) and
assessments paid as an Inactive member for the same year.
2) If a member was Inactive or any combination of Suspended and

Inactive in Washington for more than six consecutive years, the
member must earn MCLE credits in a manner consistent with the
requirement for one reporting period for an Active member of the
same license type, and these credits must be earned and reported
within the three years preceding the return to Active status. In
addition, lawyer members must complete a reinstatement/readmission
course sponsored by the Bar and accredited for a minimum of 15 live
CLE credits, which course must comply with the following minimum
requirements:
a) At least four to six credit hours regarding professional

responsibility and Washington' s Rules of Professional
Conduct, to include proper handling of client funds and IOLTA
and other trust accounts, communications with clients, etc.; and
b) At least three credit hours regarding legal research and writing.
c) The remaining credit hours will cover areas oflegal practice in

which the law in Washington may be unique or may differ
significantly from the law in other U.S. jurisdictions, or in
which the law in Washington or elsewhere has changed
significantly within the previous 10 years.
The member is required to pay the cost of the course. Any member
completing such course will be entitled to credit towards mandatory
continuing legal education requirements for all CLE credits for which
such reinstatement/admission course is accredited. The member must
comply with all registration, payment, attendance, and other
requirements for such course, and will be responsible for obtaining
proof of attendance at the entire course and submitting or having such
proof submitted to the Bar.
Periods of administrative and/or disciplinary suspension occurring

immediately before or after a change to Inactive will be included when
determining whether a member is required to take the readmission
course. For purposes of determining whether a member has been
Inactive and/or Suspended for more than six consecutive years, the
period continues to run until the change to Active membership is
completed, regardless of when the application is submitted to the Bar.
242
3) Any lawyer member seeking to change to Active who was Inactive or

any combination of Suspended and Inactive in Washington and not
engaged in the active practice of law as defined in APR 3 in any
jurisdiction for more than ten consecutive years, is required to
complete the requirements in paragraphs a. l .a, c, and d, above, and is
also required to take and pass the Unifonn Bar Examination and the
Multistate Professional Responsibility Examination.
4) A Disability Inactive status member may be reinstated to Active

pursuant to the disciplinary rules applicable to their license type.
Before being transferred to Active, after establishing compliance with
the disciplinary rules, the member also must comply with the
requirements in these Bylaws for Inactive members transferring to
Active status.
5) A member of any type who has transferred to Inactive status during the
pendency of grievance or disciplinary proceedings may not be
transferred to Active except as provided herein and may be subject to
such discipline by reason of any grievance or complaint as may be
imposed under the Rules for Enforcement of Lawyer Conduct or other
applicable disciplinary rules.
b.Transfer from Judicial to Active. [Effective Janua/y 1, 2012}
A Judicial member may request to transfer to Active. Upon a Judicial

member's resignation, retirement, or completion of such member's term of
judicial office, such member must notify the Bar within 10 days, and any
Judicial member desiring to continue his or her affiliation with the Bar must
change to another membership status within the Bar.
1)A Judicial member who has complied with all requirements for
maintaining eligibility to return to another membership status may
transfer to Active by:
a) paying an application and/or investigation fee and

completing and submitting an application form, all required
licensing forms, and any other required information;
b) paying the then current Active license fee for the member' s
license type, including any mandatory assessments, less any
license fee (not including late fees) and assessments paid as a
Judicial member for the same licensing year;
c) passing a character and fitness review essentially equivalent

to that required of applicants for admission to the Bar, pursuant
to APR 20-24.3. Judicial members seeking to transfer to
243
Active must disclose at the time of the requested transfer any

pending public charges and/or substantiated public discipline
of which the member is aware; and
d) complying with the MCLE requirements for members

returning from Inactive to Active, except that the member must
complete a one-day reinstatement/readmission course tailored
to judges, to include lawyer ethics and IOLTA requirements
among other topics, if a Judicial member for six or more
consecutive years. Administrative law judge Judicial members
shall complete the 15 credit reinstatement/readmission course
required of Inactive lawyers if a Judicial member for six or
more consecutive years. Either judicial continuing education
credits or lawyer continuing education credits may be applied
to the credit requirement for Judicial members transferring to
Active. If judicial continuing education credits are applied, the
standards for detennining accreditation for judicial continuing
education courses will be accepted as establishing compliance.
2) A Judicial member wishing to transfer to Active upon leaving

service as a judicial officer who has failed in any year to provide the
annual member registry information or pay the annual license fee
required of Judicial members to maintain eligibility to transfer to
another membership status shall, prior to transfer to Active, be
required to pay the Active license fee for the member's license type
any years the registry information was not provided or the Judicial fee
was not paid, in addition to complying with the requirements of (a)
above.
c. Transfer from Emeritus Pro Bono to Active.
An Emeritus Pro Bono member may transfer to Active by complying with the
requirements for members returning from Inactive to Active. There is no limit on
how long a member may be Emeritus Pro Bono before returning to Active status.
d. Refe1nl to Character and Fitness Board.
All applications for readmission to Active status will be reviewed by Bar staff and
handled consistent with the provisions of APR 20-24.3. In all cases reviewed by
it, the Character and Fitness Board has broad authority to rec01mnend withholding
a transfer to Active status or imposing conditions on readmission to Active status,
which may include retaking and passing the licensing examination applicable to
the member's license type. The member will be responsible for the costs of any
investigation, examination, or proceeding before the Character and Fitness Board
and the Washington Supreme Court.
E. CHANGE OF MEMBERSHIP STATUS TO INACTIVE.
10
244
1. LLLT members and LPO members may change their membership status to
Inactive as provided in the applicable APR.
2. Any lawyer member who is an Active, Judicial, or Emeritus Pro Bono
member and who is not Suspended will become an Inactive member when
the member files a request for Inactive membership with the Bar, in such
foim and manner as the Bar may require, and that request is approved.
Effective January 1, 2012, a Judicial member wishing to transfer to

Inactive member status upon leaving service as a judicial officer, who has
failed in any year to provide the annual member registry information or to
pay the annual licensing fee required of Judicial members to maintain
eligibility to transfer to another membership status shall, prior to transfer
to Inactive, be required to pay the Active license fee for lawyer members
for any years the registry information was not provided or the Judicial fee
was not paid.
3. Members are transferred to Disability Inactive pursuant to Title 8 of the

Rules for Enforcement of Lawyer Conduct or equivalent disciplinary rules
applicable to the member's license type. Any member seeking to transfer
from Disability Inactive to Inactive member status must first establish that
the member has complied with the requirements of Title 8 of the ELC or
equivalent rules applicable to the member' s license type, and then must
submit a written request to make the change and comply with all
applicable licensing requirements for Inactive members.
4. All members who have been Active or Judicial, or a combination of

Active and Judicial, members for 50 years may qualify for Honorary
status. A qualified member may request to change to Honorary status by
submitting a written request and any required application.
5. An Active member may apply to change from Active to Inactive status

while grievances or disciplinary proceedings are pending against such
member. Such transfer, however, shall not terminate, stay or suspend any
pending grievance or proceeding against the member.
F. CHANGE OF MEMBERSHIP STATUS TO JUDICIAL.
An Active member may request to become a Judicial member of the Bar by

submitting a written request on judicial letterhead and any required application,
and complying with the provisions of these Bylaws.
G. CHANGE OF MEMBERSHIP STATUS TO EMERITUS PRO BONO.
A member who is otherwise retired from the practice of law may become an
Emeritus Pro Bono member by complying with the requirements of APR 8(e),
including payment of any required license fee, and passing a character and fitness
review.
11
245
Effective January 1, 2012, a Judicial member wishing to transfer to Eme1itus Pro

Bono status upon leaving service as a judicial officer who has failed in any year to
provide the annual member registry infonnation or to pay the annual licensing
fee required of Judicial members to maintain eligibility to transfer to another
membership status shall, prior to transfer to Emeritus Pro Bono, be required to
pay the Active license fee for any years the registry information was not provided
or the Judicial fee was not paid.
H.VOLUNTARY RESIGNATION.
Voluntary resignation may apply in any situation in which a member does not
want to continue practicing law in Washington for any reason (including
retirement from practice) and for that reason does not want to continue
membership in the Bar. Unless otherwise provided in the APR, a member may
voluntarily resign from the Bar by submitting a written request for voluntary
resignation to the Bar in such form and manner as the Bar may require. If there is
a disciplinary investigation or proceeding then pending against the member, or if
at the time the member submits the written request the member has knowledge
that the filing of a grievance of substance against such member is imminent,
resignation is permitted only under the provisions of the Rules for Enforcement of
Lawyer Conduct or other applicable disciplinary rules. A member who resigns
from the Bar cannot practice law in Washington in any manner. A member
seeking reinstatement after resignation must comply with these Bylaws.
I. ANNUAL LICENSE FEES AND ASSESSMENTS.
1. License Fees. Unless established otherwise pursuant to the APR or by order

of the Washington Supreme Court, the following provisions apply to member
license fees.
a. Active Members.
1) Effective 2010, and all subsequent years, the annual license

fees for Active members will be as established by resolution of
the BOG, subject to review by the Washington Supreme Court.
First time lawyer admittees who are not admitted or licensed
elsewhere, who take and pass the Washington Bar exam and
are admitted in the first six months of the calendar year in
which they took the exam, will pay 50% of the full Active fee
for that year. First time lawyer admittees not admitted or
licensed elsewhere, who take and pass the Washington lawyer
Bar examination and are admitted in the last six months of the
calendar year in which they took the exam, will pay 25% of the
full Active fee for that year. Persons not admitted elsewhere,
who take and pass the lawyer Bar exam in one year but are not
admitted until a subsequent year, shall pay 50% of the full
Active lawyer fee for their first two license years after
12
246
admission. Persons admitted as a lawyer in one calendar year

in another state or tenitory of the United States or in the
District of Columbia by taking and passing a bar examination
in that state, territory, or district, who become admitted as a
lawyer in Washington in the same calendar year in which they
took and passed the examination, will pay 50% of the full
Active lawyer fee if admitted in Washington in the first six
months of that calendar year and 25% of the full active fee if
admitted in Washington in the last six months of that calendar
year. All persons in their first two full licensing years after
admission or licensure as a lawyer in any jurisdiction will pay
50% of the full Active fee.
2) An Active member of the Bar who is activated from reserve

duty status to full-time active duty in the Armed Forces of the
United States for more than 60 days in any calendar year, or
who is deployed or stationed outside the United States for any
period of time for full-time active military duty in the Anned
Forces of the United States will be exempt from the payment of
license fees and assessments for the Client Protection Fund
upon submitting to the Executive Director satisfactory proof
that he or she is so activated, deployed or stationed. All
requests for exemption must be postmarked or delivered to the
Bar's offices on or before February 1st of the year for which
the exemption is requested. Eligible members must apply
every year they wish to claim the exemption. Each exemption
applies for only the calendar year in which it is granted, and
exemptions may be granted for a maximum total of five years
for any member. Granting or denying an exemption under this
provision is within the sole discretion of the Executive Director
and is not appealable.
b. Inactive Members.
1) The annual license fee for Inactive members will be as

established by resolution of the BOG and as approved by the
Washington Supreme Court. Except for the amount of the
license fee itself, the annual license fee payment requirements,
including deadlines and late payment fees, for Active members
will apply to Inactive members.
2) Honorary and Disability Inactive status members will be

exempt from license fees as assessments, unless otherwise
provided by Supreme Court order.
c. Judicial Members. [Effective January 1, 2012}
13
247
Judicial members who wish to preserve eligibility to transfer to another

membership status upon leaving service as a judicial officer must pay the
annual license fee established by the Bar as approved by the Supreme
Court. Except for the amount of the license fee itself, the annual license
fee payment requirements, including deadlines and late payment fees, for
Active members apply to Judicial members; however, Judicial members
are not subject to administrative suspension for nonpayment of license or
late payment fees.
d. Emeritus Pro Bono Members.
Emeritus/Pro Bono members must pay the annual license fee required of
Inactive members with the same type of license. Except for the amount
of the license fee itself, the annual license fee payment requirements,
including deadlines and late payment fees, for Active members apply to
Emeritus/Pro Bono members.
2. Assessments.
Members must pay any Client Protection Fund assessment, and any other
assessments, as ordered by the Washington Supreme Court.
3. Deadline and Late Payment Fee.
a. License fees and mandatory assessments are be due and payable on or

before February 1st of each year, in such form and manner as required
by the Bar, unless otherwise established by these Bylaws or the APR.
Members who pay their license fees on or after February 2nd will be
assessed a late payment fee of 30% of the total amount of the license
fees required for that membership type and status. License fees for
newly admitted members are be due and payable at the time of
admission and registration, and are not subject to the late payment fee.
b. Notices required for the collection oflicense fees, late payment fees,
and/or assessments will be mailed one time by the Bar to the member' s
address of record with the Bar by registered or certified mail. In
addition to the wtitten notices, the Bar will make one attempt to
contact the member at the telephone number(s) the member has made
of record with the Bar and will speak to the member or leave a
message, if possible. The Bar will also make one attempt to contact
the member at the member' s email address of record with the Bar.
4. Rebates I Apportionments.
No part of the license fees will be apportioned to fractional parts of the year,
except as provided for new admittees by the BOG. After February 1st of any year,
no part of the license fees will be rebated for any reason, including but not limited
to death, resignation, suspension, disbarment, license tennination, cancellation or
14
248
revocation, or change of membership status.
5. License Fee and Assessment Exemptions Due to Hardship.
In case of proven extreme financial hardship, which must entail a current annual
household income equal to or less than 200% of the federal poverty level as
determined based on the member's household income for the calendar year
immediately preceding the calendar year for which the member is seeking to be
exempted from license fees, the Executive Director may grant a one-time
exemption from payment of annual license fees and assessments by any Active
member. Hardship exemptions are for one licensing pe1iod only, and a request
must be submitted on or before February 1st of the year for which the exemption
is requested. Denial of an exemption request is not appealable.
6. License Fee Referendum.
Once approved by the BOG, license fees may not be modified or reduced as part
of a referendum on the Bar's budget. The membership shall be timely notified of
the BOG resolutions setting license fees both prior to and after the decision, by
posting on the Bar's website, email, and publication in the Bar's official
publication.
J. SUSPENSION.
1. Interim Suspension.
Interim suspensions may be ordered during the course of a disciplinary

investigation or proceeding, as provided in the Rules for Enforcement of Lawyer
Conduct or equivalent rules for LPOs and LLLTs, and are not considered
disciplinary sanctions.
2. Disciplinary Suspension.
Suspensions ordered as a disciplinary sanction pursuant to the Rules for

Enforcement of Lawyer Conduct or equivalent rules for LP Os and LLLTs are
considered disciplinary suspensions.
3. Administrative Suspension.
a. Administrative suspensions are neither interim nor disciplinary

suspensions, nor are they disciplinary sanctions. Except as otherwise
provided in the APR and these Bylaws, a member may be
administratively suspended for the following reasons:
1) Nonpayment oflicense fees or late-payment fees;
2) Nonpayment of any mandatory assessment (including without

limitation the assessment for the Client Protection Fund);
15
249
3) Failure to file a trust account declaration;
4) Failure to file an insurance disclosure form;
5) Failure to comply with mandatory continuing legal education

requirements;
6) Nonpayment of child support;
7) Failure to designate a resident agent or notify the Bar of change

in resident agent or the agent's address;
8) Failure to provide current information required by APR 13 or

to notify the Bar of a change of information required by APR
13 within 10 days after the change; and
9) For such other reasons as may be approved by the BOG and the
Washington Supreme Court.
b. Unless requirement for hearing and/or notice of suspension are

otherwise stated in these Bylaws or the APR, ELC, or other applicable
rules, a member will be provided notice of the member's failure to
comply with requirements and of the pendency of administrative
suspension if the member does not cure the failure within 60 days of
the date of the written notice, as follows:
1) Written notice of non-compliance will be sent one time by the

Bar to a member at the member's address of record with the
Bar by registered or certified mail. Such written notice will
inform the member that the Bar will recommend to the
Washington Supreme Court that the member be suspended
from membership and the practice oflaw if the member has not
corrected the deficiency within 60 days of the date of the
notice.
2) In addition to the written notice described above, the Bar will

make one attempt to contact the member at the telephone
number(s) the member has made ofrecord with the Bar and
will speak to the member or leave a message, if possible. The
Bar will also make one attempt to contact the member at the
member' s email address ofrecord with the Bar.
c. Although not required to provide any additional notice beyond what is

described above, the Bar may, in its sole discretion, make such other
attempt(s) to contact delinquent members as it deems appropriate for
that member's situation.
d. As directed by the Washington Supreme Court, any member failing to
16
250
correct any deficiency after two months' written notice as provided

above must be suspended from membership. The Executive Director
must certify to the Clerk of the Supreme Court the name of any
member who has failed to correct any deficiency, and when so ordered
by the Supreme Court, the member will be suspended from
membership in the Bar and from the practice oflaw in Washington.
The list of suspended members may be provided to the relevant courts
or otherwise published at the discretion of the BOG.
4. A member may be suspended from membership and from the practice of law
for more than one reason at any given time.
K. CHANGING STATUS AFTER SUSPENSION.
1. Upon the completion of an ordered disciplinary or interim suspension, or at

any time after entry of an order for an administrative suspension, a suspended
member may seek to change status from suspended to any other membership
status for which the member qualifies at the time the change in status would
occur.
2. Before changing from suspended status, a member who is suspended pursuant

to an interim or disciplinary suspension must comply with all requirements
imposed by the Washington Supreme Court and/or the applicable disciplinary
rules in connection with the disciplinary or interim suspension. Additionally,
such member must comply with all other requirements as stated in these
Bylaws and in the applicable APR.
3. If a member was suspended from practice for more than one reason, all
requirements associated with each type of suspension must be met before the
change from suspended status can occur.
4. Unless otherwise provided in the applicable APR, a suspended member may

seek to change status by:
a. paying the required license fee and any assessments for the licensing
year in which the status change is sought, for the membership status to
which the member is seeking to change. For members seeking to
change to Active or any other status from suspension for nonpayment
of license fees, the required license fee will be the current year's
license fee and assessments, the assessments for the year of
suspension, and double the amount of the delinquent license fee and
late fees for the license year that resulted in the member's suspension;
b. completing and submitting to the Bar an application for change of

status, any required or requested additional documentation, and any
required application or investigation fee, and cooperating with any
additional character and fitness investigation or hearing that may be
required pursuant to APR 20-24. 3; and
17
251
c. completing and submitting all licensing fonns required for the license
year for the membership status to which the member is seeking to
change.
d. In addition to the above requirements:
1) Any member seeking to change to Active who was Suspended,

or any combination of Suspended and Inactive, for less than six
consecutive years must establish that within the six years plior
to the return to active status, the member has earned and
reported approved MCLE credits in a manner consistent with
the requirements for one reporting peliod for an Active
member with the same license type. However, if the member
has been Suspended and/or Inactive for one year or less and the
member was required to report MCLE compliance duling the
time the member was Suspended and/or Inactive, the member
credits the member would have been required to report that
peliod.

or any combination of Suspended and Inactive, for six or more
consecutive years must establish that within the three years
plior to the return to Active status, the member has earned and
the requirement for one rep01i ing period for an Active member
with the same license type. In addition, lawyer members must
complete a reinstatement/readmission course sponsored by the
Bar and accredited for a minimum of 15 live CLE credits,
which course must comply with the following requirements:
(a) At least four to six credit hours regarding law office

management and professional responsibility and
Washington's Rules of Professional Conduct, to include
proper handling of client funds and IOLTA and other
trust accounts, communications with clients, law
practice issues, etc., and
(b) At least three credit hours regarding legal research and

writing.
(c) The remaining credit hours will cover areas oflegal

practice in which the law in Washington may be unique
or may differ significantly from the law in other U .S.
jurisdictions, or in which the law in Washington or
elsewhere has changed significantly within the previous
10 years.
18
252
Any member completing such course will be entitled to credit

towards mandatory continuing legal education requirement for all
CLE credits for which such reinstatement/readmission course is
accredited. It is the member's responsibility to pay the cost of
attending the course. The member must comply with all
registration, payment, attendance, and other requirements for such
course, and will be responsible for obtaining proof of attendance
at the entire course and submitting or having such proof submitted
to the Bar.
L. REINSTATEMENT AFTER DISBARMENT OR REVOCATION.
Applicants seeking reinstatement after disbarment or revocation must file a petition for
reinstatement and otherwise comply with the requirements of the APRs relating to
reinstatement after disbarment or revocation. If the petition is granted and reinstatement
is recommended, the petitioner must take and pass the required examination for
admission and comply with all other admission and licensing requirements applicable to
the member's membership type for the year in which the petitioner is reinstated.
M. REINSTATEMENT AFTER RES IGNATION IN LIEU OF DISCIPLINE,

DISBARMENT, OR REVOCATION.
No former member will be allowed to be readmitted to membership of any type after

entering into a resignation in lieu of discipline, disbarment, or revocation pursuant to the
ELC or disciplinary rules applicable to the member' s license type. Persons who were
allowed to resign with discipline pending under former provisions of these Bylaws prior
to October 1, 2002, may be readmitted on such terms and conditions as the BOG
determines, provided that if the person resigned with discipline pending and a prior
petition for reinstatement or readmission has been denied, no petition may be filed or
accepted for a period of two years after an adverse decision on the prior petition for
reinstatement or readmission.
N. READMISS ION AFTER VOLUNTARY RESIGNATION.
Any fonner member who has resigned and who seeks readmission to membership must
do so in one of two ways, unless otherwise provided by the applicable APR for the
member's license type: by filing an application for readmission in the form and manner
prescribed by the BOG, including a statement detailing the reasons the member resigned
and the reasons the member is seeking readmission, or by seeking admission by motion
pursuant to APR 3(c) (if the fonner member is licensed in another U.S. jurisdiction and
would otherwise qualify for admission under that rule).
1. A former member filing an application for readmission after voluntary

resignation must:
a. pay the application fee, together with such amount as the BOG may
establish to defray the cost of processing the application and the cost
of investigation; and
19
253
b. establish that such person is morally, ethically and professionally

qualified to be licensed in the applicable member type and is of good
moral character and has the requisite fitness to practice consistent with
the requirements for other applicants for admission to practice in the
applicable membership type. An application for readmission will be
subject to character and fitness investigation and review as described
in APR 20-24.3, consistent with other applications for admission.
c. In addition to the above requirements, if an application for readmission

is granted and:
i) it has been less than four consecutive years since the voluntary
resignation, the applicant must establish:
1) that within the three years prior to the return to Active status
the fonner member has earned and reported approved MCLE
credits in a manner consistent with the requirement for one
reporting period for an Active member of the same license
type, without including the credits that might otherwise be
available from the reinstatement/readmission course; and
2) attend and complete the BOG-approved

reinstatement/readmission course.
ii) it has been four or more consecutive years since the voluntary
resignation, the petitioner must take and pass the applicable
examination required for admission.
d. Upon successful completion of the above requirements, the member

must pay the license fees and assessments and complete and submit all
required licensing forms for the applicable membership type for the
year in which the member will be readmitted.
2. A voluntarily resigned fonner member seeking readmission through

admission by motion pursuant to APR 3(c) must comply with all requirements
for filing such application and for admission upon approval of such
application.
0. EXAMINATION REQUIRED.
All applications for reinstatement after disbarment or revocation will be subject to

character and fitness review, and taking and passing the examination for admission for
the applicable license type, pursuant to the provisions of APR 25-25.6. All applications
for readmission after voluntary resignation will be subj ect to character and fitness review
pursuant to the provisions of APR 20-24.3. All applications for readmission to Active
status from Suspended status will be handled in a similar fashion to applications for
readmission from Inactive status. The Character and Fitness Board, and (on review) the
Washington Supreme Court, have broad authority to withhold a transfer to Active or to
20
254
impose conditions on readmission to Active membership, which may include taking and
passing the applicable examination for admission, in cases where the applicant fails to
meet the burden of proofrequired by APR 20-24.3. The member/former member will be
responsible for the costs of any investigation, bar examination, or proceeding before the
Character and Fitness Board and the Washington Supreme Court.
21
255
REDLINE CHANGES FROM FIRST READING
IIL MEMBERSHIP
A. CLASSES OF MEMBERSHIPMEMBER LICENSE TYPES.
1. Members of the Washington State Bar consist of these types of licensed legal
professionals:
3 and APR 5;


of the Bar.
L_Membership in the Bar ends when a member is disbarred or the equivalent,

the member resigns or otherwise tenninates his or her license, or when the
member' s license is revoked or tenninated for any reason.
Membership status classifications have the qualifications, privileges, and

restrictions specified.
1. Active.
Any member who has been duly admitted by the Supreme Court to the
practice of law in Washington State who complies with these Bylaws and the
Supreme Court rules applicable to the member' s license type, and who has not
changed to another status classification or had his or her license suspended is
an Active member.
a. Active membership in the Bar grants the privilege to engage in the

practice of law consistent with the rules governing the member's
these Bylaws and the applicable Supreme Court rules, and compliance
with all other applicable licensing requirements, Active members are
fully qualified to vote, hold office and otherwise participate in the
256
affairs of the Bar as provided in these Bylaws.
1) Engage in the practice oflaw consistent with the rules

2) Be appointed to serve on any committee, board, panel, council,

task force, or other Bar entity;

these Bylaws;
4) Join Bar sections as voting members; and

Active member.
2. Inactive.
Inactive members must not practice law in Washington, nor engage in

employment or duties that constitute the practice of law. Inactive
members are not eligible to vote in Bar matters or hold office therein, or
serve on any committee or board.
a. Inactive members may:
1) Join Bar sections as non-voting members;
3) Change their membership status to Active pursuant to these

Bylaws and any applicable comi rule;
4) Request a free subscription to the Bar' s official publication;

and
b. Types of Inactive membership:
1) Inactive Member: Inactive members must pay an annual

license fee in an amount established by the BOG and approved
by the Supreme Court. Unless othe1w ise stated in the APR,
they are not required to earn or report MCLE credits while
257
Inactive, but may choose to do so, and may be required to do

so to return to Active membership.
2) Disability: Disability inactive members are not required to pay

a license fee, or earn or repo1i MCLE credits while in this
status, but they may choose to do so, and they may be required
to earn and report MCLE credits to return to Active
membership.
3) Honormy: All members who have been Active or Judicial, or

a combination of Active and Judicial, members for 50 years
may elect to become Honorary members of the Bar. Honorary
members are not required to pay a license fee. A member who
otherwise qualifies for Honorary membership but wants to
continue to practice law in any manner must be an Active
member or, if applicable, an Emeritus Pro Bono member.
a. An Active member may qualify to become a Judicial member if the

member is one of the following:
I) A current judge, commissioner, or magistrate judge of the

2) A cmTent judge, commissioner, or magistrate in the district or

3) A current senior status or recall judge in the courts of the

United States;
4) An administrative law judge, which is defined as either:


5) A current Tribal Court judge in the State of Washington.
258
b. Members not otherwise qualified for Judicial membership under (1)

through (5) above and who serve full-time, part-time or ad hoc as pro
tempore judges, commissioners or magistrates are not eligible for
Judicial membership.

part-time, must not engage in the practice of law and must not engage
in mediation or arbitration for remuneration outside of their judicial
duties.
1) May practice law only where pennitted by the then current

Washington State Code of Judicial Conduct as applied to full-

Institute of the Bar;

and
4) May be non-voting members in Bar sections, if allowed under

the section's bylaws.
5) Judicial members are not eligible to vote in Bar matters or to

e. Nothing in these Bylaws will be deemed to prohibit Judicial members

from carrying out their judicial duties.
f. Judicial members who wish to preserve ehgibility to transfer to

another membership status upon leaving service as a judicial officer:
1) must provide the member registry information required of other

members each year unless otherwise specified herein, and
provide the Bar with any changes to such infonnation within
10 days of any change; and

Court, for this membership status. Notices, deadlines, and late
fees will be consistent with those established for Active
members.
g. Judicial members must inform the Bar within 10 days when they retire
or when their employment situation has otherwise changed so as to
cause them to be ineligible for Judicial membership, and must apply to
259
change to another membership status or to resign.
1) Failure to apply to change membership status or to resign

membership, when a Judicial member has annually maintained
eligibility to transfer to another membership status, is cause for
administrative suspension of the member.

membership status and who is no longer eligible for Judicial
membership who fails to change to another membership status
will be deemed to have voluntarily resigned.
h. Administrative law judges who are judicial members must continue to

continuing education credits are applied, the standards for detennining
i. Legal, legislative, and policy positions and resolutions taken by the

BOG are not taken on behalf of Judicial members, are not considered
to be those of Judicial members, and are not binding on Judicial
members.
J. The Bar's disciplinary authority over Judicial members is governed

exclusively by ELC 1.2 and RPC 8.5.
4. Emeritus Pro Bono.
A member may become an Emeritus Pro Bono member by complying with the
requirements of APR 8(e), including payment of any required license fee and
passing a character and fitness review.
Emeritus Pro Bono members must not engage in the practice of law except as
permitted under APR 8(e), but may:

Bar. In addition, up to two Emeritus Pro Bono members are permitted
to serve on the Pro Bono Legal Aid Committee (PBLAC) and may be
committee;
b. Join Bar sections;
c. Request a free subscription to the Bar's official publication; and
260
5. Suspended.
Washington.
C. REGISTER OF MEMBERS.
1. All Bar members, including Judicial members who wish to preserve eligibility
to transfer to another membership status upon leaving service as a judicial
officer, must furnish the information below to the Bar:

c. principal office address, telephone number, and email address;
d. such other data as the BOG or Washington Supreme Court may from
time to time require of each member
and must promptly advise the Executive Director in writing of any change
in this infonnation within 10 days of such change. Judicial members are
not required to provide a physical residence address.
2. The Executive Director will keep records of all members of the Bar,
including, but not limited to:

d. date of admittance;
~.class of membership;
f. date oftransfer(s) from one class to another, if any;

g. date and period(s) of administrative suspensions, if any;
h. date and period of disciplinary actions or sanctions, if any including

6
261
suspension and disbarment;
L such other data as the BOG or Washington Supreme Court may from
time to time require of each member.
3. Any Active member residing out-of-state must file with the Bar, in such form
and manner as the Bar may prescribe, the name and physical street address of
a designated resident agent within Washington State. The member must
notify the Bar of any change in resident agent within 10 days of any such
change.
provided pursuant to these Bylaws, or to notify the Bar of any changes in such
infonnation within 10 days, will be subject to administrative suspension
pursuant to these Bylaws and/or the Admission and Practice Rules. Judicial
members are exempt from suspension pursuant to this provision while eligible
for Judicial membership and serving as a judicial officer.
D. CHANGE OF MEMBERSHIP STATUS TO ACTIVE.

procedure.
a. Transfer from Inactive to Active.
1) An Inactive member or Honorary member may transfer to Active

by:
a) paying an application and/or investigation fee and completing

forms, and any other required information;
b) earning, within the six years preceding the return to Active

status, and reporting the total number of approved MCLE
credits required for one reporting period for an Active member
late fees that are owed. If the member has been Inactive or a
combination of Suspended and Inactive for less than one year,
and the member would have been required to report during the
time the member was Inactive and/or Suspended, the member
reporting requirements for that reporting period before the
member can change to Active. This paragraph does not apply
to members transferring back to Active during their first
c) passing a character and fitness review essentially equivalent to
262
that required of all applicants for admission to the Bar,

d) paying the current Active license fee, including any mandatory

assessments, less any license fee (not including late fees) and
assessments paid as an Inactive member for the same year.
2) If a member was Inactive or any combination of Suspended and

Inactive in Washington for more than six consecutive years, the
member must earn MCLE credits in a manner consistent with the
requirement for one reporting period for an Active member of the
same license type, and these credits must be earned and reported
within the three years preceding the return to Active status. In
addition, lawyer members must complete a reinstatement/readmission
course sponsored by the Bar and accredited for a minimum of 15 live
CLE credits, which course must comply with the following minimum
requirements:
a) At least four to six credit hours regarding professional

responsibility and Washington's Rules of Professional
b) At least three credit hours regarding legal research and writing.
c) The remaining credit hours will cover areas of legal practice in

which the law in Washington may be unique or may differ
significantly from the law in other U.S. jurisdictions, or in
which the law in Washington or elsewhere has changed
significantly within the previous 10 years.
completing such course will be entitled to credit towards mandatory
continuing legal education requirements for all CLE credits for which
such reinstatement/admission course is accredited. The member must
comply with all registration, payment, attendance, and other
requirements for such course, and will be responsible for obtaining
proof of attendance at the entire course and submitting or having such
proof submitted to the Bar.

immediately before or after a change to Inactive will be included when
detennining whether a member is required to take the readmission
course. For purposes of determining whether a member has been
Inactive and/or Suspended for more than six consecutive years, the
pe1iod continues to run until the change to Active membership is
completed, regardless of when the application is submitted to the Bar.
263
3) Any lawyer member seeking ~o change to Active who was Inactive or

engaged in the active practice of law as defined in APR 3 in any
also required to take and pass the Unifonn Bar Examination and the
4) A Disability Inactive status member may be reinstated to Active

pursuant to the disciplinary rules applicable to their license type.
Before being transferred to Active, after establishing compliance with
the disciplinary rules, the member also must comply with the
requirements in these Bylaws for Inactive members transferring to
Active status.
5) A member of any type who has transferred to Inactive status during the
pendency of grievance or disciplinary proceedings may not be
transferred to Active except as provided herein and may be subject to
such discipline by reason of any grievance or complaint as may be
applicable disciplinary rules .
b.Transfer from Judicial to Active. [Effective January 1, 2012}

Judicial member desiring to continue his or her affiliation with the Bar must
change to another membership status within the Bar.
l)A Judicial member who has complied with all requirements for
maintaining eligibility to return to another membership status may
a) paying an application and/or investigation fee and

completing and submitting an application fonn, all required
licensing forms, and any other required infonnation;
b) paying the then cun-ent Active license fee for the member's
c) passing a character and fitness review essentially equivalent

264

d) complying with the MCLE requirements for members

returning from Inactive to Active, except that the member must
complete a one-day reinstatement/readmission course tailored
to judges, to include lawyer ethics and IOLTA requirements
among other topics, if a Judicial member for six or more
consecutive years. Administrative law judge Judicial members
shall complete the 15 credit reinstatement/readmission course
required of Inactive lawyers if a Judicial member for six or
more consecutive years. Either judicial continuing education
credits or lawyer continuing education credits may be applied
to the credit requirement for Judicial members transferring to
Active. If judicial continuing education credits are applied, the
standards for determining accreditation for judicial continuing .
education courses will be accepted as establishing compliance.
2) A Judicial member wishing to transfer to Active upon leaving

annual member registry information or pay the annual license fee
required of Judicial members to maintain eligibility to transfer to
another membership status shall, prior to transfer to Active, be
required to pay the Active license fee for the member's license type
any years the registry infonnation was not provided or the Judicial fee
was not paid, in addition to complying with the requirements of (a)
above.
c. Transfer from Emeritus Pro Bono to Active.
An Emeritus Pro Bono member may transfer to Active by complying with the
requirements for members r~turning from Inactive to Active. There is no limit on
d. Referral to Character and Fitness Board.
All applications for readmission to Active status will be reviewed by Bar staff and
handled consistent with the provisions of APR 20-24.3. In all cases reviewed by
it, the Character and Fitness Board has broad authority to recommend withholding
a transfer to Active status or imposing conditions on readmission to Active status,
which may include retaking and passing the licensing examination applicable to
the member's license type. The member will be responsible for the costs of any
investigation, examination, or proceeding before the Character and Fitness Board
and the Washington Supreme Court.
E. CHANGE OF MEMBERSHIP STATUS TO INACTIVE.
10
265
1. LLLT members and LPO members may change their membership status to
2. Any lawyer member who is an Active, Judicial, or Emeritus Pro Bono
member and who is not Suspended will become an Inactive member when
the member files a request for Inactive membership with the Bar, in such
fonn and manner as the Bar may require, and that request is approved.
Effective January 1, 2012, a Judicial member wishing to transfer to

Inactive member status upon leaving service as a judicial officer, who has
failed in any year to provide the annual member registry information or to
pay the annual licensing fee required of Judicial members to maintain
eligibility to transfer to another membership status shall, prior to transfer
to Inactive, be required to pay the Active license fee for lawyer members
for any years the registry information was not provided or the Judicial fee
was not paid.
3. Members are transferred to Disability Inactive pursuant to Title 8 of the

Rules for Enforcement of Lawyer Conduct or equivalent disciplinary rules
applicable to the member' s license type. Any member seeking to transfer
from Disability Inactive to Inactive member status must first establish that
the member has complied with the requirements of Title 8 of the ELC or
equivalent rules applicable to the member's license type, and then must
submit a written request to make the change and comply with all
applicable licensing requirements for Inactive members.
4. All members who have been Active or Judicial, or a combination of

Active and Judicial, members for 50 years may qualify for Honorary
status. A qualified member may request to change to Honorary status by
submitting a written request and any required application.
5. An Active member may apply to change from Active to Inactive status

while grievances or disciplinary proceedings are pending against such
member. Such transfer, however, shall not terminate, stay or suspend any
F. CHANGE OF MEMBERSHIP STATUS TO JUDICIAL.

G. CHANGE OF MEMBERSHIP STATUS TO EMERITUS PRO BONO.
A member who is otherwise retired from the practice of law may become an
Emeritus Pro Bono member by complying with the requirements of APR 8(e),
review.
11
266
Effective January 1, 2012, a Judicial member wishing to transfer to Emeritus Pro

provide the arurnal member registry information or to pay the annual licensing
fee required of Judicial members to maintain eligibility to transfer to another
membership status shall, prior to transfer to Emeritus Pro Bono, be required to
pay the Active license fee for any years the registry information was not provided
or the Judicial fee was not paid.
H.VOLUNTARY RESIGNATION.
membership in the Bar. Unless otherwise provided in the APR, a member may
resignation to the Bar in such fonn and manner as the Bar may require. If there is
a disciplinary investigation or proceeding then pending against the member, or if
at the time the member submits the written request the member has knowledge
that the filing of a grievance of substance against such member is imminent,
resignation is permitted only under the provisions of the Rules for Enforcement of
Lawyer Conduct or other applicable disciplinary rules. A member who resigns
from the Bar cannot practice law in Washington in any manner. A member
seeking reinstatement after resignation must comply with these Bylaws.
I. ANNUAL LICENSE FEES AND ASSESSMENTS.
1. License Fees. Unless established otherwise pursuant to the APR or by order

of the Washington Supreme Court, the following provisions apply to member
license fees.
a. Active Members.

fees for Active members will be as established by resolution of
the BOG, subject to review by the Washington Supreme Court.
First time lawyer admittees who are not admitted or licensed
elsewhere, who take and pass the Washington Bar exam and
are admitted in the first six months of the calendar year in
which they took the exam, will pay 50% of the full Active fee
for that year. First time lawyer admittees not admitted or
licensed elsewhere, who take and pass the Washington lawyer
Bar examination and are admitted in the last six months of the
calendar year in which they took the exam, will pay 25% of the
full Active fee for that year. Persons not admitted elsewhere,
who take and pass the lawyer Bar exam in one year but are not
admitted until a subsequent year, shall pay 50% of the full
Active lawyer fee for their first two license years after
12
267
admission. Persons admitted as a lawyer in one calendar year

in another state or territory of the United States or in the
in that state, territory, or distiict, who become admitted as a
took and passed the examination, will pay 50% of the full
Active lawyer fee if admitted in Washington in the first six
months of that calendar year and 25% of the full active fee if
admitted in Washington in the last six months of that calendar
year. All persons in their first two full licensing years after
admission or licensure as a lawyer in any jurisdiction will pay
50% of the full Active fee.
2) An Active member of the Bar who is activated from reserve

duty status to full-time active duty in the Armed Forces of the
United States for more than 60 days in any calendar year, or
who is deployed or stationed outside the United States for any
period of time for full-time active military duty in the Armed
Forces of the United States will be exempt from the payment of
license fees and assessments for the Client Protection Fund
Bar' s offices on or before February 1st of the year for which
the exemption is requested. Eligible members must apply
every year they wish to claim the exemption. Each exemption
applies for only the calendar year in which it is granted, and
exemptions may be granted for a maximum total of five years
for any member. Granting or denying an exemption under this
provision is within the sole discretion of the Executive Director
and is not appealable.
1) The amrnal license fee for Inactive members will be as

established by resolution of the BOG and as approved by the
will apply to Inactive members.
2) Honorary and Disability Inactive status members will be

exempt from license fees as assessments, unless otherwise
provided by Supreme Court order.
c. Judicial Members. [Effective January 1, 2012}
13
268

membership status upon leaving service as a judicial officer must pay the
annual license fee established by the Bar as approved by the Supreme
Court. Except for the amount of the license fee itself, the annual license
fee payment requirements, including deadlines and late payment fees, for
Active members apply to Judicial members; however, Judicial members
are not subject to administrative suspension for nonpayment of license or
late payment fees.
d. Emeritus Pro Bono Members.
Emeritus/Pro Bono members must pay the annual license fee required of
Inactive members with the same type oflicense. Except for the amount
of the license fee itself, the annual license fee payment requirements,
including deadlines and late payment fees, for Active members apply to
Emeritus/Pro Bono members.
2. Assessments.
Members must pay any Client Protection Fund assessment, and any other
assessments, as ordered by the Washington Supreme Court.
a. License fees and mandatory assessments are be due and payable on or

before February 1st of each year, in such form and manner as required
by the Bar, unless otherwise established by these Bylaws or the APR.
Members who pay their license fees on or after February 2nd will be
assessed a late payment fee of 30% of the total amount of the license
fees required for that membership type and status. License fees for
newly admitted members are be due and payable at the time of
admission and registration, and are not subject to the late payment fee.
b. Notices required for the collection of license fees , late payment fees,
and/or assessments will be mailed one time by the Bar to the member' s
address of record with the Bar by registered or certified mail. In
addition to the w1itten notices, the Bar will make one attempt to
contact the member at the telephone number(s) the member has made
of record with the Bar and will speak to the member or leave a
message, if possible. The Bar will also make one attempt to contact
the member at the member's email address ofrecord with the Bar.
4. Rebates I Apportiomnents.
No part of the license fees will be apportioned to fractional parts of the year,
except as provided for new admittees by the BOG. After February 1 st of any year,
no part of the license fees will be rebated for any reason, including but not limited
to death, resignation, suspension, disbannent, license termination, cancellation or
14
269
revocation, or change of membership status.
determined based on the member's household income for the calendar year
immediately preceding the calendar year for which the member is seeking to be
exempted from license fees, the Executive Director may grant a one-time
exemption from payment of annual license fees and assessments by any Active
member. Hardship exemptions are for one licensing period only, and a request
must be submitted on or before February 1 st of the year for which the exemption
is requested. Denial of an exemption request is not appealable.
Once approved by the BOG, license fees may not be modified or reduced as part
of a referendum on the Bar's budget. The membership shall be timely notified of
the BOG resolutions setting license fees both prior to and after the decision, by
posting on the Bar's website, email, and publication in the Bar's official
publication.
J. SUSPENSION.


Enforcement of Lawyer Conduct or equivalent rules for LPOs and LLLTs are

1) Nonpayment of license fees or late-payment fees ;

limitation the assessment for the Client Protection Fund);
15
270
3) Failure to file a trust account declaration;
4) Failure to file an insurance disclosure form;

requirements;
6) Nonpayment of child support;

in resident agent or the agent's address;
8) Failure to provide cmTent infonnation required by APR 13 or

to notify the Bar of a change of infonnation required by APR
13 within 10 days after the change; and
9) For such other reasons as may be approved by the BOG and the
Washington Supreme Court.

otherwise stated in these Bylaws or the APR, ELC, or other applicable
rules, a member will be provided notice of the member's failure to
comply with requirements and of the pendency of administrative
suspension if the member does not cure the failure within 60 days of
the date of the written notice, as follows:
1) Written notice of non-compliance will be sent one time by the

Bar to a member at the member's address of record with the
Bar by registered or certified mail. Such written notice will
inform the member that the Bar will recommend to the
Washington Supreme Court that the member be suspended
from membership and the practice of law if the member has not
corrected the deficiency within 60 days of the date of the
notice.
2) In addition to the written notice described above, the Bar will

make one attempt to contact the member at the telephone
number(s) the member has made ofrecord with the Bar and
will speak to the member or leave a message, if possible. The
Bar will also make one attempt to contact the member at the
member's email address ofrecord with the Bar.

16
271
coITect any deficiency after two months' written notice as provided

member who has failed to cotTect any deficiency, and when so ordered
by the Supreme Court, the member will be suspended from
or otherwise published at the discretion of the BOG.
4. A member may be suspended from membership and from the practice of law
for more than one reason at any given time.
K. CHANGING STATUS AFTER SUSPENSION.

status for which the member qualifies at the time the change in status would
occur.

imposed by the Washington Supreme Court and/or the applicable disciplinary
rules in connection with the disciplinary or interim suspension. Additionally,
such member must comply with all other requirements as stated in these
Bylaws and in the applicable APR.
4. Unless otherwise provided in the applicable APR, a suspended member may

seek to change status by:
year in which the status change is sought, for the membership status to
which the member is seeking to change. For members seeking to
change to Active or any other status from suspension for nonpayment
oflicense fees, the required license fee will be the cuITent year's
license fee and assessments, the assessments for the year of
suspension, and double the amount of the delinquent license fee and
late fees for the license year that resulted in the member' s suspension;

required pursuant to APR 20-24.3; and
17
272
c. completing and submitting all licensing fonns required for the license
year for the membership status to which the member is seeking to
change.

consecutive years must establish that within the six years prior
to the return to active status, the member has earned and
the requirements for one reporting period for an Active
has been Suspended and/or Inactive for one year or less and the
member was required to report MCLE compliance during the
time the member was Suspended and/or Inactive, the member
credits the member would have been required to report that
period.

consecutive years must establish that within the three years
prior to the return to Active status, the member has earned and
the requirement for one reporting period for an Active member
with the same license type. In addition, lawyer members must
complete a reinstatement/readmission course sponsored by the
Bar and accredited for a minimum of 15 live CLE credits,
which course must comply with the following requirements:

trust accounts, c01mnunications with clients, law

writing.
(c) The remaining credit hours will cover areas oflegal

practice in which the law in Washington may be unique
or may differ significantly from the law in other U.S.
jurisdictions, or in which the law in Washington or
10 years.
18
273
Any member completing such course will be entitled to credit

attending the course. The member must comply with all
course, and will be responsible for obtaining proof of attendance
at the entire course and submitting or having such proof submitted
to the Bar.
L. REINSTATEMENT AFTER DISBARMENT OR REVOCATION.
Applicants seeking reinstatement after disbannent or revocation must file a petition for
is recommended, the petitioner must take and pass the required examination for
admission and comply with all other admission and licensing requirements applicable to
the member's membership type for the year in which the petitioner is reinstated.
M. REINSTATEMENT AFTER RESIGNATION IN LIEU OF DISCIPLINE,

DISBARMENT, OR REVOCATION.
No fonner member will be allowed to be readmitted to membership of any type after

entering into a resignation in lieu of discipline, disbannent, or revocation pursuant to the
ELC or disciplinary rules applicable to the member's license type. Persons who were
allowed to resign with discipline pending under fonner provisions of these Bylaws prior
to October 1, 2002, may be readmitted on such terms and conditions as the BOG
determines, provided that if the person resigned with discipline pending and a prior
petition for reinstatement or readmission has been denied, no petition may be filed or
accepted for a period of two years after an adverse decision on the prior petition for
reinstatement or readmission.
N. READMISSION AFTER VOLUNTARY RESIGNATION.
Any former member who has resigned and who seeks readmission to membership must
prescribed by the BOG, including a statement detailing the reasons the member resigned
and the reasons the member is seeking readmission, or by seeking admission by motion
pursuant to APR 3(c) (if the former member is licensed in another U.S. jurisdiction and
would otherwise qualify for admission under that rule).
1. A former member filing an application for readmi ssion after voluntary

resignation must:
a. pay the application fee, together with such amount as the BOG may
establish to defray the cost of processing the application and the cost
of investigation; and
19
274

applicable membership type. An application for readmission will be
subject to character and fitness investigation and review as described
in APR 20-24.3, consistent with other applications for admission.

is granted and:
1) that within the three years prior to the return to Active status
the former member has earned and reported approved MCLE
credits in a manner consistent with the requirement for one
type, without including the credits that might otherwise be
available from the reinstatement/readmission course; and

resignation, the petitioner must take and pass the applicable
examination required for admission.

2. A voluntarily resigned fonner member seeking readmission through

application.
0. EXAMINATION REQUIRED.
All applications for reinstatement after disbarment or revocation will be subject to

character and fitness review, and taking and passing the examination for admission for
the applicable license type, pursuant to the provisions of APR 25-25.6. All applications
for readmission after voluntary resignation will be subject to character and fitness review
pursuant to the provisions of APR 20-24.3 . All-applications for readmission to Active
status from Suspended status will be handled in a similar fashion to applications for
readmission from Inactive status. The Character and Fitness Board, and (on review) the
Washington Supreme Court, have broad authority to withhold a transfer to Active or to
20
275
impose conditions on readmission to Active membership, which may include taking and
passing the applicable examination for admission, in cases where the applicant fails to
meet the burden of proof required by APR 20-24.3 . The member/former member will be
Character and Fitness Board and the Washington Supreme Court.
21
276
REDLINE -ALL CURRENT CHANGES (9/16/2616)
Ill MEMBERSHIP
A. CLASSES OF MEMBERSHIPMEMBER LICENSE TYPES.
1. Members of the Washington State Bar consist of these types of licensed legal
professionals:
3 and APR 5;


of the Bar.
3. Membership in the Bar ends when a member is disbarred or the equivalent,

the member resigns or otherwise terminates his or her license, or when the
member' s license is revoked or terminated for any reason.
There shall be four classes of mMembership status classifications have with-the

qualifications, privileges~ and restrictions specified.
1. Active.
Any lawyer member who has been duly admitted by the Supreme Court to the
practice oflaw in the State of Washington State pursuant to APRs 3 and 5,
and-who complies with these Bylaws and the Supreme Court R-0les rules ef
the Supreme Court of the State ofWashingtonapplicable to the member's
license type, and who has not changed to another membership class or
eeenstatus classification or had his or her license suspended or disbarred shall
beis an Active member.
a. Active membership in the Bar grants the privilege to .fully-engage in

the practice oflaw consistent with the rules governing the member's
these Bylaws and Rules of thethe applicable Supreme Court rulesef
277
REDLINE - ALL CURRENT CHANGES (9/16/2016)
Washington, and compliance with ~other applicable licensing

requirements, Active members are fully qualified to vote, hold office
and otherwise participate in the affairs of the Bar as provided in these
Bylaws.
1) Fully eJ;ngage in the practice of law.; consistent with the rules

2) Be appointed to serve on any committee, board, panel, council,

task force, or other Bar entity of the Bar;

these Bylaws; and
4) Join WSBA Bar Sections sections as voting members"'"; and

Active member.
2. Inactive.
There are three types of inactive membership: "Inactive Lawyer," "Inactive

Disability," and "Inactive Honorary."
Inactive members shall-must not practice law in Washington, nor engage

in employment or duties in the State of Washington that constitute the
practice of law. Inactive members are not eligible to vote in Bar matters
or hold office therein, or serve on any committee,- or board, or panel.
~Inactive members may:
1) Join WSBA SBar sections as non-voting members, if allmved

under the Section's bylaws. This does not include eligibility to
join as voting members;
3) Change their membership el-ass-status to Active pursuant to

these bylawsBylaws and any applicable court rule;--afld
4) Request a free subscription to the Bar's official publication"'"~

and
2
278
L Types of Inactive membership:
1) Inactive La',1.yer Member: Inactive Lav1yer members must

pay an annual license fee in an amount established by the BOG
and as--approved by the Supreme Court. +hey-Unless otherwise
stated in the APR, they are not required to earn or report
MCLE credits while Inactive, but may choose to do so, and
may be required to do so to return to Active membership.
2) Inactive Disability: Inactive Disability inactive members are

not required to pay a license fee, or earn or report MCLE
credits while Inactive Disabilityin this status, but they may
choose to do so, and they may be required to earn and rep01t
MCLE credits to return to Active membership.
3) Inactive Honorary: All members who have been Active or

Judicial, or a combination of Active and Judicial, members for
50 years may elect to become Inactive Honorary members of
the Bar. Inactive Honorary members are not required to pay a
license fee. A member who otherwise qualifies for Inactive
Honorary membership but wants to continue to practice law in
any manner must be an Active member or, if applicable, an
Emeritus,l_Pro Bono member.
a. An Active member may qualify to become a Judicial member-Bf.the

Bar if the member is one of the following:
1) A current judge, commissioner, or magistrate judge of the

2) A current judge, commissioner, or magistrate in the district or

3) A current senior status or recall judge in the Courts courts of

the United States;
4) An administrative law judge, which shall beis defined as either:

279
REDLINE-ALL CURRENT CHANGES (9/16/2016)

5) A cmTent Tribal Court judge in the State of Washington.
b. Members not otherwise qualified for judicial Judicial membership

under (1) through (5) above and who serve full-time, part-time or ad
hoc as pro tempore judges, commissioners or magistrates are not
eligible for judicial Judicial membership.

part-time, may-must not engage in the practice of law and may-must
not engage in mediation or arbitration for remuneration outside of their
judicial duties.
1) May practice law only where permitted by the then current

Washington State Code of Judicial Conduct as applied to full -

Institute of the Bar;-aOO

and
1} May be non-voting members in WSBA SBar sections, if

allowed under the Section's section's bylaws.
2} Judicial members are not eligible to vote in Bar matters or to

e. Nothing in these bylaws Bylaws shalt-will be deemed to prohibit a

judicial Judicial member. from carrying out their judicial duties.
f. Judicial members who wish to preserve eligibility to transfer to

another membership el-ass-status upon leaving service as a judicial
officer:
1) are required to must provide the member registry infonnation

required of other members each year unless otherwise specified
herein, and are-te-provide the Bar with any changes to such
infonnation within 10 days of any change; and

280
Court, for this membership elassstatus. Notices, deadlines, and

late fees sftal.l-will be consistent with those established for
Active members.
g. Judicial members are required tomust infonn the Bar within 10 days
when they retire or when their employment situation has otherwise
changed so as to cause them to be ineligible for Judicial membership,
and must apply to change to another membership el-ass-status or to
resign.
1) Failure to apply to change membership el-ass-status or to resign

membership, when a Judicial member has arurnally maintained
eligibility to transfer to another membership elassstatus, sftall
be causeis cause for administrative suspension of the member.

membership el-ass-status and who is no longer eligible for
Judicial membership who fails to change to another
membership el-ass-status will be deemed to have voluntarily
resigned.
h. Administrative law judges who are judicial members sftal.l-must ee

maintained in their assigned reporting group for mandatory continuing
legal education purposes, and shall report earned credits to the Bar in
accordance with the reporting requirements of that groupcontinue to
continuing education credits are applied, the standards for determining
i. Legal, legislative, and policy positions and resolutions taken by the

W~rnA Board of GovemorsBOG are not taken on behalf of judicial
Judicial members, are not considered to be those of judicial Judicial
members, and are not binding on judicial Judicial members.
J. 'NSBA's The Bar's disciplinary authority over judicial Judicial

members is governed exclusively by ELC 1.2 and RPC 8.5.
4. Emeritus,l_Pro Bono.
A member may become an Eme1itus,l_Pro Bono member by complying with

the requirements of APR 8(e), including payment of any required license fee
and passing a character and fitness review.
281
Emeritus,l_Pro Bono members may-must not engage in the practice of law

except as pennitted under APR 8(e), but may:

Bar. In addition, up to two Emeritus,l_Pro Bono members are pennitted
to serve on the Pro Bono Legal Aid Committee (PB LAC) and may be
committee;
b. Join \\'SBA SBar sections, if permitted under the Section's bylaws;
c. Request a free subscription to the Bar's official publication"'"; and
5. Suspended.
Washington.
b_REGISTER OF MEMBERS.
1. All \\'SBA Bar members, regardless of membership class, including judicial

membership el-ass-status upon leaving service as a judicial officer, must
furnish the information below to the Bar:

b~. principal office address, telephone number, and email address;
Q. such other data as the Board of GovernorsBOG or Washington

Supreme Court may from time to time require of each member
and sflal.1-must promptly advise the Executive Director in writing of any

change in this infonnation within 10 days of such change. Judicial
members are not required to provide a physical residence address.
2. The Executive Director sflal.1-will keep records of all members of the

Washington State Bar Association, including, but not limited to:
6
282

Q. date of admittance;
the.class of membership;
e,.f. date of transfer(s) from one class to another, if any;

f..& date and period(s) of administrative suspensions, if any;
fil date and period of disciplinary actions or sanctions, if any including

suspension and disbarment;
hi. such other data as the Board of GovernorsBOG or Washington

Supreme Court may from time to time require of each member.
3. Any Active member, other than Judicial, residing out-of-state must file with
the Bar, eft-in such form and manner as the Bar may prescribe, the name and
physical street address of a designated resident agent within the State of
Washington State for the purpose of receiving service of process ("resident
agent"). Service to such agent shall be deemed service upon or delivery to the
la'.vyer. The member must notify the Bar of any change in resident agent
within 10 days of any such change. Any member required to designate a
resident agent who fails to do so, or '.vho fails to notify the Bar of a change in
resident agent, shall be subject to administrative suspension pursuant to these
byla'.vs and/or the Admission and Practice Rules.
provided pursuant to these bylav,.sBylaws, or to notify the Bar of any changes
in such information within 10 days, shall-will be subject to administrative
suspension pursuant to these bylaws Bylaws and/or the Admission and
Practice Rules. Judicial members are exempt from suspension pursuant to this
provision while eligible for Judicial membership and serving as a judicial
officer.
.Q,____CHANGE OF MEMBERSHIP CLASS STATUS TO ACTIVE.

procedure.
-1--,LTransfer from Inactive to Active.
a;l.LAn Inactive La.vyer member or Inactive Honorary member may

283
-l-jfil_paying an application and/or investigation fee and completing

forms, and any other required infonnation;
jb) earning, within the six years preceding the return to Active
status, and reporting at least 45the total number of approved
MCLE credits earned within the six years preceding return to
Activerequired for one reporting period for an Active member
late fees that are owed. Members returning to Active from
Inactive will be reinstated to the MCLE_reporting group they
were in at the time of transfer to Inactive. However, i!f the
member has been Inactive or a combination of Suspended and
Inactive for less than one year, and the member is in an MCLE
reporting group that waswould have been required to report
during the time the member was Inactive and/or Suspended, the
member must establish that the member is compliant with the
MCLE reporting requirements for that rep01iing period before
the member can change to Active. This paragraph does not
apply to members transferring back to Active during their first
~tl_passing a character and fitness review essentially equivalent to

that required of all applicants for admission to the Bar. .
4j.Ql_paying the current Active license fee, including any

mandatory assessments, less any license fee (not including late
fees) and assessments paid as an Inactive member for the same
year.
&.- 21._In addition to the above requirements, any member seeking to change
to Active who If a member was Inactive or any combination of
Suspended and Inactive in Washington for more than six consecutive
years, the member must establish that the member has earnedeam a
minimum of 45 approved credits of Continuing Legal
EducationMCLE credits in a manner consistent with the requirement
for one reporting period for an Active member of the same license
type, and these credits must be earned and reported within the three
years preceding the return to Active status. In addition to the 45
credits, such, lawyer member~ must complete a
reinstatement/readmission course sponsored by the Bar and accredited
for a minimum of 15 live CLE credits, which course shall-must
comply with the following minimum requirements:
Bfil_At least four to six credit hours regarding professional

responsibility and Washington' s Rules of Professional
284

~hl_At least tluee credit hours regarding legal research and

writing.
~9,_The remaining credit hours shall-will cover areas of legal

practice in which the law in Washington may be unique or may
differ significantly from the law in other U.S. jurisdictions, or
in which the law in Washington or elsewhere has changed
significantly within the previous l 0 years.
completing such course shall-will be entitled to credit towards
mandatory continuing legal education requirements for all CLE credits
for which such reinstatement/admission course is accredited. It is the
member's responsibility to pay the cost of attending the course. The
member shall-must comply with all registration, payment, attendance,
and other requirements for such course, and shall-will be responsible
for obtaining proof of attendance at the entire course and submitting or
having such proof submitted to the Bar.

immediately before or after a change to Inactive shall-will be included
when determining whether a member must-is required to take the
readmission course. For purposes of determining whether a member
has been Inactive and/or Suspended for more than six consecutive
years, the period continues to run until the change to Active
membership is completed, regardless of when the application is
submitted to the Bar.
3) Any lawyer member seeking to change to Active who was Inactive or

engaged in the active practice oflaw as defined in APR 3 in any
also required to take and pass the Uniform Bar Examination and the
ed.LAn Inactive Disability Inactive status member may be reinstated to

Active pursuant to Title 8 of the Rules for Enforcement of Lawyer
Conductthe disciplinary rules applicable to their license type. Before
being transfetTed to Active, after establishing compliance with the
B-Ledisciplinary rules, the member also must comply with the
requirements in these bylaws Bylaws for Inactive Lawyers to change
members transferring to Active status.
285
&.li_Aey member of any type who has transferred to Inactive status

during the pendency of grievance or disciplinary proceedings may not
be transferred to Active except as provided herein and may be subj ect
to such discipline by reason of any grievance -or complaint as may be
applicable disciplinary rnlesby reason of any grievance or complaint.
-:b.Transfer from Judicial to Active. [Effective January 1, 2012}

Judicial member desiring to continue hisf' or her affiliation with the WBA
Bar must change to another membership el-ass-status within the Bar.
&.- ll.A Judicial member who has complied with all requirements for
maintaining eligibility to return to another membership el-ass-status
may transfer to Active by:
B &paying an application and/or investigation fee and

completing and submitting an application form, all required
licensing forms, and any other required infonnation;
~ Ql_paying the then current Active license fee for the member's
Jj g_passing a character and fitness review essentially equivalent

41 .Ql_complying with the MCLE requirements for members

returning from Inactive to Active, including completingexcept
that the member must complete a .fu.l.lone-day
reinstatement/readmission course tailored to judges, to include
lawyer ethics and IOLTA requirements among other topics, if a
Judicial member for six or more consecutive years.
Administrative law judge Judicial members shall complete the
15 credit reinstatement/readmission course required of Inactive
lawyers if a Judicial member for six or more consecutive years.
Either judicial continuing education credits or lawyer
continuing education credits may be applied to the credit
10
286
requirement for Judicial members transferring to Active. If

judicial continuing education credits are applied, the standards
for determining accreditation for judicial continuing education
courses will be accepted as establishing compliance.
&.- 21.A Judicial member wishing to transfer to Active upon leaving

annual member registry infonnation aftEl,Lor pay the annual licensing
license fee required of Judicial members to maintain eligibility to
transfer to another membership el-ass-status shall, prior to transfer to
Active, be required to pay the Active licensing license fee for the
member's license type any years the registry information was not
provided or the Judicial fee was not paid, in addition to complying
with the requirements of (a) above.
J.o f,__Transfer from Emeritus,l_Pro Bono to Active.
An Emeritus,l_Pro Bono member may transfer to Active by complying with the

requirements for members returning from Inactive to Active. There is no limit on
4 LReferral to Character and Fitness Board.
All applications for readmission to Active membership status shall-will be

reviewed by WBA Bar staff for purposes of detennining whether any of the
factors set forth inand handled consistent with the provisions of APR 20-24.faJ
are presenQ.. All applications that reflect one or more of those factors shall be
referred to Bar Counsel for review, who may conduct or direct such further
investigation as is deemed necessary. Applying the factors and considerations set
forth in t'\PR 24 .2, Bar Counsel shall refer to the Character and Fitness Board for
hearing any applicant about .vhom there is a substantial question whether the
1
applicant currently possesses the requisite good moral character and fitness to
practice law. The Character and Fitness Board shall conduct a hearing and enter a
decision as described in APR 20 24, except that all decisions and
recommendations shall be transmitted to the applicant and Bar Counsel, and that
the applicant may request that the Board of Governors review a recommendation,
with such review to be on the record only, without oral argument. If no review is
requested, the decision and recommendation of the Character and Fitness Board
shall become final. Tln all cases reviewed by it, the Character and Fitness Board,
and (on revie'.v) the Board of Governors, have has broad authority to recommend
withholding a transfer to active Active status or to impose imposing conditions on
readmission to Active membershipstatus, which may include retaking and passing
the \X/ashington State Barlicensing examination, in cases where the applicant fails
to meet the burden of proof required by APR 20 24 applicable to the member's
license type. -The member shall-will be responsible for the costs of any
investigation, 00-r-examination, or proceeding before the Character and Fitness
Board and Board of Governorsthe Washington Supreme Court.
11
287
-9-: LCHANGE OF MEMBERSHIP CLASS STATUS TO INACTIVE.
1. LLLT members and LPO members may change their membership stah1s to
-h LAny lawyer member who is an Active, Judicial, or Emeritus,l_Pro Bono

member and who is not Suspended or Disbarred shallwill become an
Inactive Lawyer member when the member files a written request for
Inactive membership with the Executive DirectorBar, in such form and
manner as the Bar may require, and that request is approved.
Effective January 1, 20 12, a Judicial member wishing to transfer to Inactive-

Lawyer member stah1s upon leaving service as a judicial officer_. who has
failed in any year to provide the ammal member registry information afldf_or
1Q_pay the annual licensing fee required of Judicial members to maintain
eligibility to transfer to another membership el-ass-status shall, prior to transfer
to Inactive, be required to pay the Active licensing license fee for lawyer
members for any years the registry information was not provided or the
Judicial fee was not paid.
~ LMembers are transferred to Inactive Disability Inactive pursuant to Title 8

of the Rules for Enforcement of Lawyer Conduct or equivalent disciplinary
rules applicable to the member's license type. Any member seeking to
transfer from Disability Inactive Disability to Inactive La'.vyer member
status must first establish that the member has complied with the
requirements of Title 8 of the ELC or equivalent rules applicable to the
member's license type, and then must submit a written request to make the
change and comply with all applicable licensing requirements for Inactive-
Lawyer members.
3-:- 1,_All members who have been Active or Judicial, or a combination of

Active and Judicial, members for 50 years may qualify for Inactive Honorary
membershipstatus. -A qualified member may request to change to Inactive
Honorary membership status by submitting a written request and any
required application.
~ .i__An Active member may apply to change from Active to Inactive La'.vyer
status while grievances or disciplinary proceedings are pending against such
member. Such transfer, however, shall not tenninate, stay or suspend any
E: E_CHANGE OF MEMBERSHIP CLASS STATUS TO JUDICIAL.

12
288
IL: G. CHANGE OF MEMBERSHIP GLASS STATUS TO EMERITUS,l_PRO

BONO.
A member who is otherwise retired from the practice oflaw may become an
Emeritus,l_Pro Bono member by complying with the requirements of APR 8(e),
review.
Effective January 1, 2012, a Judicial member wishing to transfer to Emeritusl_Pro

provide the annual member registry information aREi,l_or 1Q_pay the annual
licensing fee required of Judicial members to maintain eligibility to transfer to
another membership ela&s-status shall, prior to transfer to Emeritus,l_Pro Bono, be
required to pay the Active licensing license fee for any years the registry
information was not provided or the Judicial fee was not paid.
~ H.VOLUNTARY RESIGNATION.
membership in the Bar. A-Unless otherwise provided in the APR, a member may
resignation to the Executive DirectorBar in such form and manner as the Bar may
require. If there is a disciplinary investigation or proceeding then pending against
the member, or if at the time the member submits the written request the member
had-has knowledge that the filing of a grievance of substance against such
member watris imminent, resignation is permitted only under the provisions of
the Rules for Enforcement of Lawyer Conduct or other applicable disciplinary
rules. A member who resigns from the WSBA Bar cannot practice law in
Washington in any manner. A member seeking reinstatement after resignation
must comply with these bylawsBylaws.
It 1._ANNUAL LICENSE FEES AND ASSESSMENTS.
1. License Fees. Unless established otherwise pursuant to the APR or by order of

the Washington Supreme Court, the following provisions apply to member license
fees.
a. Active Members.

fees for Active members shall-will be as established by
resolution of the Board of GovemorsBOG, subj ect to review by
the state-Washington Supreme Court. First time lawyer
admittees who are not admitted or licensed elsewhere,. who
take and pass the Washington Bar exam and are admitted in the
first six months of the calendar year in which they took the
13
289
exam.l will pay 50% of the full active Active fee for that year.
First time lawyer admittees not admitted or licensed elsewhere.>
who take and pass the Washington lawyer Bar examination and
are admitted in the last six months of the calendar year in
which they took the exam.l will pay 25% of the full ae#e
Active fee for that year. _Persons not admitted elsewhere.> who
take and pass the Washington lawyer Bar exam in one year but
are not admitted until a subsequent year.l shall pay 50% -of the
full active Active lawyer fee for their first two license years
after admission. Persons admitted as a lawyer in one calendar
year in another state or territory of the United States or in the
in that state, territory, or district, who become admitted as a
took and passed the examination, shalt-will pay 50% of the full
active Active lawyer fee if admitted in Washington in the first
six months of that calendar year and 25% of the full active fee
if admitted in Washington in the last six months of that
calendar year. All persons in their first two full licensing years
after admission or licensure as a lawyer in any jurisdiction shall
will pay 50% of the full active Active fee.
2) An Active member of the Association Bar who is activated

from reserve duty status to full-time active duty in the Armed
Forces of the United States for more than 60 days in any
calendar year, or who is deployed or stationed outside the
United States for any period oftime for full-time active
military duty in the Armed Forces of the United States shall
will be exempt from the payment of license fees and
assessments for the La'.vyers' Fund for Client Protection Fund
Association Bar's offices on or before February 1st of the year
for which the exemption is requested. Eligible members must
apply every year they wish to claim the exemption. Each
exemption applies for only the calendar year in which it is
granted, and exemptions may be granted for a maximum total
of five years for any member. Granting or denying an
exemption under this provision is within the sole discretion of
the Executive Director and is not appealable.
1) Effective 2010 and subsequent years, tihe annual license fee

for Inactive members shalt-will be as established by resolution
of the Board of GovernorsBOG and as approved by the state
14
290

shall-will apply to Inactive Lawyer members.
2) Inactive Honorary and Disability Inactive Disability status

members shall-will be exempt from license fees as assessments,
unless otherwise provided by Supreme Court order.
c. Judicial Members. [Effective January 1, 2012)

membership el-ass-status upon leaving service as a judicial officer shall
must pay the annual license fee established by the Bar as approved by the
Supreme Court. Except for the amount of the license fee itself, the annual
license fee payment requirements, including deadlines and late payment
fees, for Active members shall-apply to Judicial members; however,
Judicial members are not subject to administrative suspension for
nonpayment of license or late payment fees.
d. Emeritusf_Pro Bono Members~
Emeritus/Pro Bono members shall-must pay the annual license fee

required of Inactive Lawyer_ members with the same type of license.
Except for the amount of the license fee itself, the annual license fee
payment requirements, including deadlines and late payment fees, for
Active members shall-apply to Emeritus/Pro Bono members.
2. Assessments.
Members shall-must pay the Lawyers' Fund forany Client Protection Fund
assessment, and any other assessments, as ordered by the Washington Supreme
Comi.
a. License fees and mandatory assessments shall-are be due and payable

on or before February 1st of each year, in such form and manner er-en
such fonn as ts-required by the W8Bl\,Bar, unless otherwise
established by these Bylaws or the APR. Members who pay their
license fees on or after February 2nd shall-will be assessed a late
payment fee of 30% of the total amount of the license fees required for
that membership elasstype and status. License fees for newly admitted
members shall-are be due and payable at the time of admission and
registration, and are not subject to the late payment fee.
b. Notices required for the collection oflicense fees, late payment fees,
and/or assessments shall-will be mailed one time by the Executive
15
291
DirectorBar to the member' s address of record with the Bar by

registered or certified mail. In addition to the written notices, the Bar
shall-will make one attempt to contact the member at the telephone
number(s) the member has made ofrecord with the Bar and shall-will
speak to the member or leave a message, if possible. The Bar sflal.l
will also make one attempt to contact the member at the member's e-
mail address of record with the Bar.
4. Rebates I Apportiomnents.
No part of the license fees shall-will be apportioned to fractional parts of the year,
except as provided for new admittees by the Board of GovernorsBOG. After
February 1st of any year, no part of the license fees shall-will be rebated by-for any
reason, including but not limited to ef-death, resignation, suspension, disbarment~
license termination, cancellation or revocation, or change of membership
elassstatus.
detennined at the time of the application for hardship eJtemptionbased on the
member's household income for the calendar year immediately preceding the
calendar year for which the member is seeking to be exempted from license fees,
the Executive Director may grant a one-time exemption from payment of annual
license fees and assessments by any Active member. Hardship exemptions are for
one licensing period only, and a request must be submitted on or before February
1st of the year for which the exemption is requested. Denial of an exemption
request is not appealable.
Once approved by the Board of GovernorsBOG, license fees shall be subject to

the same referendum process as other BOG actions, but may not be modified or
reduced as part of a referendum on the \VSBA Bar's budget. The membership
shall be timely notified of the BOG resolutions setting license fees both prior to
and after the decision, by posting on the 'NSBA, Bar's website, e-mail, and
publication in the -Bar's official publication.
~ LSUSPENSION.

16
292

Enforcement of Lawyer Conduct or equivalent rules for LPOs and LLLTs are

1) Nonpayment of license fees or late-payment fees; APR 17

limitation the assessment for the La'vvyers' Fund for Client
Protection Fund) (APR l 5(d));
3) Failure to file a trust account declaration (ELG 15.5(b));
4) Failure to file an insurance disclosure f01m (APR 26(c));

requirements (APR 11);
6) Nonpayment of child support (APR 17);

in resident agent or the agent's address (APR 5(f));
8) Failure to provide a-current address information required by

APR 13 or to notify the Bar of a change of address or other
information required by APR 13 within 10 days after the
change (A.PR 13); and
9) For such other reasons as may be approved by the Board of

GovemorsBOG and the Washington Supreme Court.

otherwise stated in these bylaws Bylaws or the APR, ELC, or other
applicable rules, a member shall-will be provided notice of the
member's failure to comply with requirements and of the pendency of
administrative suspension if the member does not cure the failure
within 60 days of the date of the written notice, as fo llows:
1) Written notice of non-compliance shall-will be sent one time by

the Executive DirectorBar to a member at the member's
17
293
address of record with the Bar by registered or ce1iified mail.

Such w1itten notice sftall--will inform the member that the Bar
will recommend to the Washington Supreme Court that the
member be suspended from membership and the practice of
law if the member has not corrected the deficiency within 60
days of the date of the notice.
2) In addition to the written notice described above, the Bar shalt

will make one attempt to contact the member at the telephone
number(s) the member has made of record with the Bar and
sftall--will speak to the member or leave a message, if possible.
The Bar sftall--will also make one attempt to contact the
member at the member's e-mail address of record with the Bar.


correct any deficiency after two months' written notice as provided
member who has failed to correct any deficiency, and when so ordered
by the Supreme Court, the member sftall--will be suspended from
or otherwise published at the discretion of the Board of
GovernorsBOG.
4. A member may be suspended from membership and from the practice oflaw
for more than one reason at any given time .
.h K. CHANGING STATUS AFTER SUSPENSION .

lass-status for which the member qualifies at the time the change in status
would occur.

imposed by the Washington Supreme Court and/or the B-bG-applicable
disciplinary rules in connection with the disciplinary or interim suspension.
Additionally, such member must comply with all other requirements as stated
in these bylawsBylaws and in the applicable APR.
18
294
4. A-Unless otherwise provided in the applicable APR, a suspended member

may seek to change status by:
year in which the status change is sought, for the membership -lass
status to which the member is seeking to change. For members
seeking to change to Active or any other status or membership class
from suspension for nonpayment of license fees, the required license
fee sfta.l.l--will be the cun-ent year's license fee and assessments, the
assessments for the year of suspension, and double the amount of the
delinquent license fee and late fees for the licensing license year that
resulted in the member' s suspension;

required pursuant to APR 20-24.3; and
c. completing and submitting all licensing forms required for the

licensing license year for the membership el-ass-status to which the
member is seeking to change.

consecutive years must establish that within the six years prior
to the requested change inretum to active status, the member
has earned and reported approved MCLE a minimum of 45
credits of continuing legal education in a manner consistent
with the requirements for one reporting period for an Active
has been Suspended and/or Inactive for less than one year or
less and the member is in the MCLE reporting group that was
required to report MCLE compliance during the time the
member was Suspended and/or Inactive, the member must
establish that the member is compliant with the MCLE credits
the member would have been required to report that period.

than six consecutive years must establish that within the tlrree
19
295
years prior to the return to Active status, the member has

earned a minimum of 45and reported approved MCLE credits
of continuing legal education in a manner consistent with the
requirement for one reporting pe1iod for an Active member
with the same license type. and completingin addition, lawyer
members must complete a reinstatement/readmission course
sponsored by the Bar and accredited for a minimum of 15 live
CLE credits, which course sfial.l-must comply with the
following requirements:

trust accounts, communications with clients, law

writing.
( c) The remaining credit hours sfial.l-will cover areas of

legal practice in which the law in Washington may be
unique or may differ significantly from the law in other
U.S. jurisdictions, or in which the law in Washington or
10 years.
Any member completing such course shall-will be entitled to credit

attending the course. The member sfial.l-must comply with all
course, and shall-will be responsible for obtaining proof of
attendance at the entire course and submitting or having such proof
submitted to the Bar.
~ ~REINSTATEMENT AFTER DISBARMENT OR REVOCATION.
Applicants seeking reinstatement after disbarment or revocation must file a petition for
is recommended, the petitioner must take and pass the Washington Barrequired
examination for admission and comply with all other admission and licensing
requirements applicable to the member's membership type for the year in which the
petitioner is reinstated.
20
296
b M. REINSTATEMENT AFTER RES IGNATION IN LIEU OF DISCIPLINE,

DISBARMENT.l OR DISCIPLil'rnREVOCATION.
No former member sfia.l.l-will be allowed to be readmitted to membership of any type

after entering into a resignation in lieu of discipline-BF.l disbarment, or revocation
pursuant to the ELC or disciplinary rules applicable to the member's license type.
Persons who were allowed to resign with discipline pending under fonner provisions of
these bylaws Bylaws prior to October 1, 2002, may be readmitted on such terms and
conditions as the Board BOG dete1mines, provided that if the person resigned with
discipline pending and a prior petition for reinstatement or readmission has been denied,
no petition may be filed or accepted for a period of two years after an adverse decision
on the prior petition for reinstatement or readmission.
M: N. READMISSION AFTER VOLUNTARY RESIGNATION.
Any former member who has resigned and who seeks readmission to membership must
prescribed by the Board of GovemorsBOG, including a statement detailing the reasons
the member resigned and the reasons the member is seeking readmission, or by seeking
admission by motion pursuant to APR 3(c) (if the former member is licensed in another
U.S . jurisdiction and would otherwise qualify for admission under that rule).
1. A fonner member filing an application for readmission after voluntary

resignation must:
a. pay the application fee, together with such amount as the Board of
GovemorsBOG may establish to defray the cost of processing the
application and the cost of investigation; and

applicable membership type. An application for readmission sflall-will
be subject to character and fitness investigation and review as
described in APR 20-24]., consistent with other applications for
admission.

is granted and:
l) that within the three years prior to the return to Active status
the fo1mer member has earned 45 approvedand reported
approved MCLE credits in the three years preceding the
21
297
application in a manner consistent with the requirement for one

~' without including the credits that might otherwise be
available fur-from the reinstatement/readmission course; and

resignation, the petitioner must take and pass the Washington
Bafapplicable examination required for admission.

2. A voluntarily resigned former member seeking readmission through

application.
~ 0. BAR EXAMINATION MAY BE REQUIRED.
All applications for reinstatement after disbarment or revocation shall-will be subject to

character and fitness review, and taking and passing the \Vashington Bar examination for
admission for the applicable license type, pursuant to the provisions of APR 25 -25.6. All
applications for readmission after voluntary resignation shall-will be subject to character
and fitness review pursuant to the provisions of APR 20-24.]_. _All applications for
readmission to Active membership status from Suspended status shall-will be handled in
a similar fashion to applications for readmission from Inactive status. The Character and
Fitness Board, and (on review) the Board of Governors Washington Supreme Court, have
broad authority to withhold a transfer to Active or to impose conditions on readmission to
Active membership, which may include taking and passing the w ashington tate
Bafapplicable examination for admission, in cases where the applicant fails to meet the
burden of proof required by APR 20-24.]_. The member/former member shall-will be
Character and Fitness Board and Board of Govemorsthe Washington Supreme Court.
22
298
CLEAN COPY: VERSION 1 (9/16/2016)
IV. GOVERNANCE
A. BOARD OF GOVERNORS.
The Board of Governors (BOG) is the governing body of the Bar that determines the
general policies of the Bar and approves its budget each year.
1. Composition of the Board of Governors.
The BOG will consist of (a) the President; (b) one Governor elected from each
Congressional District, except in the Seventh Congressional District where
members will be elected from separate geographic regions designated as N01ih
and South, and identified by postal zip codes as established by the Bar in
accordance with these Bylaws and BOG policy; and (c) six Governors elected at-
large pursuant to these Bylaws.
2. Duties.
a. The BOG elects the President-elect of the Bar.
b. The BOG selects the Bar's Executive Director annually reviews the
Executive Director's performance.
c. Regardless of the method by which any person is selected to serve on

the BOG, each Governor will act in the best interest of all members of
the Bar and the public. Each Governor is primarily obligated to ensure
that the Bar fulfills the mandate set forth in General Rule 12. 1, cani.es
out the mission of the Bar, and operates in accordance with the Bar's
Guiding Principles.
d. Each Governor is expected to communicate with members about BOG

actions and issues and to convey member viewpoints to the Board.
e. Each Governor appointed to serve as a BOG liaison to a committee,

task force, council, section, board, or other entity has the responsibility
to fulfill those liaison duties on behalf of the BOG. Governors
appointed to serve as BOG liaisons are not voting members of those
entities. BOG liaisons must not be excluded but will not participate in
those entities' executive sessions or confidential deliberations except
when requested to do so as a resource.
f. Meetings of the BOG will be held as provided in these Bylaws. Each

Governor must attend all board meetings except in cases of emergency
or compelling circumstance that prevent participation.
299
3. Tenn.
Governors will assume their duties at the close of the final regularly scheduled
BOG meeting of the fiscal year in which they were elected. Governors serve
a tenn of three years, except as may be otherwise provided by these Bylaws.
4. Vacancy.
a. A vacancy may arise due to resignation, death, removal by BOG, or

recall by members.
1) Removal by the Board of Governors. Any Governor may be

removed from office for good cause by a 75% vote of the entire
BOG exclusive of the Governor subject to removal, who will
not vote. The vote will be by secret written ballot. Good cause
for removal includes, without limitation, incapacity to serve,
serious or repeated failures to meet the duties outlined in these
Bylaws, or conduct or activities that bring discredit to the Bar.
2) Recall by Members. Any Governor may be removed from the

BOG by a recall by members, in accordance with the
procedures set forth in these Bylaws.
b. Response to a Vacancy.
1) If a vacancy occurs for any reason and 12 months or less

remain in that Governor's tenn, in the BOG's sole discretion
the position may remain vacant until the next regularly
scheduled election for that Governor position. In that event, no
interim governor will be elected or appointed to the position.
2) If a vacancy occurs due to resignation, death, or the removal of
a Governor by the BOG, and more than 12 months remain in
that Governor's term, the BOG must elect a candidate eligible
for that position to serve as Governor until the next regularly
scheduled election for that Governor position.
3) If a Governor is removed due to recall and more than 12

months remain in that Governor' s term, a special election will
be conducted using the general procedures set forth in the
"Election of Governors from Congressional Districts"
provisions of these Bylaws. The application period for any
special election held pursuant to this paragraph must be no less
than 30 days and must, at a minimum, be prominently posted
on the Bar's website and emailed to all members eligible to
vote in the election.
300
CLEAN COPY: VERSION 1 (9/16/2016}
4) Regardless of whether a special election will be held to fill a

Governor position that is vacant due to recall by the members,
such position will not be filled by any interim governors
selected by the BOG or appointed by the President.
B. OFFICERS OF THE BAR.

The officers of the Bar consist of a President, President-elect, Immediate Past-President,
and Treasurer. The Executive Director of the Bar serves as secretary in an ex officio
capacity. Except for the Executive Director, all officers must be Active members of the
Bar.
l. President.
The President is the chief spokesperson of the Bar, and presides at all meetings of
the BOG. The President has the authority to set the agenda; take action to execute
the policies established by the BOG; assign Governors as liaisons to Bar sections,
committees, or task forces, specialty bar associations, and other law related
organizations; and to appoint task forces, BOG committees, or other ad hoc
entities to carry out policies established by the BOG. The President also perfonns
any other duties typically performed by an organization's President. The
President may vote only if the President's vote will affect the result. The
President must present a report to the membership covering the principal activities
of the Bar during the President's tenure.
2. President-elect.
The President-elect performs the duties of the President at the request of the
President, or in the absence, inability, recusal, or refusal of the President to
perfonn those duties. The President-elect also performs such other duties as may
be assigned by the President or the BOG. The President-elect is not a voting
member of the BOG except when acting in the President's place at a meeting of
the BOG and then only if the vote will affect the result.
3. Immediate Past President.
The Immediate Past President performs such duties as may be assigned by the
President or the BOG. The Immediate Past President will perfonn the duties of
the President in the absence, inability, recusal, or refusal of the President,
President-elect, and Treasurer to perfonn those duties. Among the duties
specifically assigned to the Immediate Past President is to work on behalf of the
BOG and the officers to ensure appropriate training and education of new BOG
members and officers during their tenn.
The Immediate Past President is not a voting member of the BOG except when
acting in the President's place at a meeting of the BOG and then only if the vote
will affect the result.
4. Treasurer.
The Treasurer chairs the Budget and Audit Committee and is responsible for
ensuring that the BOG and officers are informed about the finances of the Bar.
301
The Treasurer will perform the duties of the President in the absence, inability,
recusal, or refusal of the President and the President-elect to perform those duties.
The Treasurer also perfonns such other duties as are assigned by the President or
the BOG.
5. Executive Director
The Executive Director is the principal administrative officer of the Bar. The
Executive Director is responsible for the day-to-day operations of the Bar
including, without limitation: (1) hiring, managing and terminating Bar persolU1el,
(2) negotiating and executing contracts, (3) communicating with Bar members,
the judiciary, elected officials, and the community at large regarding Bar matters,
(4) preparing an alU1ual budget for the Budget and Audit Committee, (5) ensuring
that the Bar's books are kept in proper order and are audited alU1ually, (6)
ensuring that the annual audited financial report is made available to all Active
members, (7) collecting debts owed to the bar and assigning debts for collection
as deemed appropriate, (8) acquiring, managing, and disposing of personal
property related to the Bar's operations within the budget approved by the BOG,
(9) attending all BOG meetings, (10) reporting to the BOG regarding Bar
operations, ( 11) ensuring that minutes are made and kept of all BOG meetings,
and (12) performing such other duties as the BOG may assign. The Executive
Director serves in an ex officio capacity and is not a voting member of the BOG.
6. Terms of Office.
a. The President-elect is elected by the BOG, as set forth in these

Bylaws. The President-elect succeeds the President unless removed
from office pursuant to these Bylaws.
b. The President-elect and Treasurer take office at the close of the final
regularly scheduled BOG meeting of the fiscal year in which they
were elected to those positions. The President takes office at the close
of the final regularly scheduled BOG meeting of the fiscal year in
which he or she served as President-elect. The Immediate Past
President takes office at the close of the final regularly scheduled BOG
meeting of the fiscal year in which he or she served as President.
c. The tenn of office of each officer position is one year; however, the
Executive Director serves at the direction of the BOG and has an
alU1ual perfonnance review.
7. Vacancy.
a. The President, President-Elect, Immediate Past President, and

Treasurer may resign or be removed from office for good cause by an
affinnative vote of 75% of the entire BOG. Good cause for removal
includes, without limitation, incapacity to serve, serious or repeated
failures to meet the duties outlined in these Bylaws, or conduct or
302
activities that bring discredit to the Bar.
1) Upon removal or resignation of the Presidept, the President-

elect will fill the unexpired tenn of the President and then serve
the tenn for which he or she was elected President. If there is
no President-elect, then the BOG will elect such other person
as it may detennine, with the Treasurer performing the duties
of the President until the BOG elects a new President.
2) Upon removal or resignation of the President-elect, or

ascendancy of the President-elect to the Presidency pursuant to
paragraph (1) above, the BOG will elect a new President-elect
(from Eastern Washington if the President-elect is mandated to
be from Eastern Washington per these Bylaws).
3) Upon disqualification, removal, or resignation of the

Immediate Past President, the office will remain vacant until
the close of the tenn of the then-current President.
4) Upon removal or resignation of the Treasurer, the BOG will

elect a new Treasurer pursuant to the procedures set fo1ih in
these Bylaws.
b. The Executive Director is appointed by the BOG, serves at the

direction of the BOG, and may be dismissed at any time by the BOG
without cause by a majority vote of the entire BOG. If dismissed by
the BOG, the Executive Director may, within 14 days of receipt of a
notice terminating employment, file with the Supreme Court and serve
on the President, a written request for review of the dismissal. If the
Supreme Court finds that the dismissal of the Executive Director is
based on the Executive Director's refusal to accede to a BOG directive
to disregard or violate a Court order or rule, the Court may veto the
dismissal and the Executive Director will be retained.
C. BOARD OF GOVERNORS COMMITTEES.
1. The BOG may delegate work to BOG standing committees, special

committees, work groups, or other subgroups however defined, the
membership of which will be established by the President with due
consideration given to Governors' membership requests. The BOG standing
committees include, at a minimum, the following: Executive Co1mnittee;
Awards C01mnittee; Budget and Audit Committee; Legislative Committee;
Personnel Committee; and Diversity Committee.
2. The purpose of BOG committees, regardless of what they are called, is to

make recommendations and make the work of the BOG more efficient.
Consensus should govern meetings of BOG committees whenever possible. If
a BOG committee is unable to reach a consensus, the committee will vote, in
303
CLEAN COPY: VERSION 1 (9/16/2016}
which case voting members are as follows: Governors and officers appointed
to BOG committees are voting members. Bar staff are non-voting members
of BOG committees or other Bar entities, unless the Chair detennines
otherwise at the Chair' s discretion.
3. Meetings of BOG committees are open to the public, unless provided

otherwise in these Bylaws or by court rule. The ability to participate in and
comment at BOG committee meetings is in the discretion of the Chair as
provided in these Bylaws.
4. BOG Legislative Committee
a. Purpose: The BOG Legislative Committee is authorized to propose or

adopt positions on behalf of the BOG with respect to legislation that
has been introduced or is expected to be introduced in the Washington
State Legislature, including the authority to propose amendments to
legislation or to adopt positions on amendments to legislation.
b. Membership: The President appoints the Committee, which consists

of the following voting members:
1) Eight Governors, including the Treasurer;
2) the President;
3) the President-elect; and
4) the Immediate Past President.
The President selects the Chair from among the Governors appointed to
the C01mnittee.
c. Procedure: Consideration of legislation by the Committee proceeds in

the following order:
1) The Committee first detennines, by a two-thirds majority vote of

those voting, whether the legislation is within the scope of GR 12. 1
and whether it is appropriate under the circumstances for the
Committee to determine a position on the legislation on behalf of
the BOG.
2) If the detennination in subsection (1) above is affirmative, then the

Committee will determine by a two-thirds majority vote of those
voting what position, if any, to adopt on the legislation on behalf of
the BOG.
3) The Co1mnittee may detennine that major or novel legislative

issues will be refen-ed to the BOG for consideration.
6
304
4) Any issues to be considered or actions taken by the Committee

must be promptly communicated to the BOG by electronic
delivery; and actions taken by the Committee must also be
communicated at the next BOG meeting.
5) Due to the C01mnittee's unique need to be able to act quickly to

address issues that arise during a regular or special legislative
session, between meetings the Committee may discuss and vote on
issues by email; however, if any Committee member objects to
using an email process for any paiiicular issue, the Committee will
take up that issue at its next scheduled Committee meeting.
d. Quorum: A quorum consists of a majority of the Committee's voting

members.
e. Committee Meetings: The Committee may meet in executive session,

with no persons present except the members of the Committee, other
members of the BOG, the Executive Director, the Legislative Liaison,
and such others as the Committee may authorize. Committee meetings
may be held electronically.
D. POLITICAL ACTIVITY.
1. Board of Governors.
a. The BOG acting as a board must not publicly support or oppose, in
any election, any candidate for public office.
b. The BOG acting as a board must not take a side or position
publicly or authorize any officer or the Executive Director to take a
side or position publicly on any issue being submitted to the voters
or pending before the legislature, unless the matter is considered in
public session at a meeting of the BOG with advance notice to the
Bar's membership, and the following requirements are met:
1) The BOG first votes to determine whether the issue is
within the scope of GR 12.1; and
2) If the BOG detennines that the matter is within the scope of
GR 12.1 , then the BOG will vote to determine what
position, if any, to adopt on the issue.
c. The restriction applies fully to prohibit:
1) the use of the name or logo of the Bar;
2) the contribution of funds, facility use, or Bar staff time;
3) pa1iicipation or suppoli to any degree in the candidate's
campaign, or the campaign on either side of the issue.
305
d. The restriction does not apply to matters that are exclusively

related to the administration of the Bar's functions or to any issue
put to a vote of the Bar's membership.
Notice of any BOG position or authorization to the President or Executive
Director to take a position must be published on the Bar's website as soon as
possible after the meeting at which the final action is taken.
2. President and President-elect.
The President and President-elect must not publicly support or oppose, in an

election, any candidate for public office. This restriction applies fully to prohibit:
a. the use of the President's and President-elect's name,
b. the contribution of funds, or
c. participation or support to any degree in the candidate's campaign.
Further, the President and President-elect must not take a side publicly on any
issue being submitted to the voters, pending before the legislature or otherwise in
the public domain except when specifically authorized or instructed by the BOG
to do so on a matter relating to the function or purposes of the Bar.
3. Governors, other Officers and Executive Director.
Governors, other officers, and the Executive Director must not publicly support or
oppose, in an election, any candidate for public elective office in the State of
Washington the prerequisites for which include being an attorney, except where
the candidate is a member of that person's immediate fami ly. This restriction
applies fully to prohibit:
a. the use of the Governor's, officer's, or Executive Director's name,
The term "immediate family" as used in this Article includes a sibling, parent,
spouse, domestic partner, child and the child of a spouse or domestic partner.
4. Other.
If any officer, Governor, or the Executive Director supports or opposes any

candidate or issue as pennitted in this Article, then that person must not state or
imply that he or she is acting in his or her capacity as officer, Governor or
Executive Director of the Bar unless specifically authorized to do so by the BOG.
5. Letterhead.
306
Use of Bar letterhead is limited to official business of the Bar and specifically
must not be used for personal or charitable purposes, or in connection with any
political campaign or to support or oppose any political candidate. Bar letterhead
must not be used to support or oppose any public issue unless the BOG has taken
a position on the issue.
E. REPRESENTATION OF THE BAR.
Except as specifically set forth in these Bylaws, no committee, section, task force, or
other Bar entity, or member thereof, member of the BOG, or officer or employee of the
Bar is pennitted to speak for or represent the Bar, or any committee, section, task force,
or entity thereof, before any legislative body, in any court, before any other tribunal or in
any communication to the Governor or the Attorney General of the State, unless prior
authorization to do so has been specifically granted by the BOG by policy adopted by the
BOG or by specific BOG action.
1. As the chief spokesperson of the Bar, the President has the authority to take
action to execute the policies established by the BOG, and to serve as the
representative of the Bar in connection therewith.
2. The BOG Legislative Committee is specifically authorized, under the tenns of

these Bylaws, to propose or adopt positions on behalf of the BOG with respect
to legislation that has been introduced or is expected to be introduced in the
Washington State Legislature, including the authority to propose amendments
to legislation or to adopt positions on amendments to legislation.
3. The Executive Director may cmmnunicate with Bar members, the judiciary,
elected officials, and the community at large regarding Bar matters and
policies established by the BOG, and is not required to obtain prior approval
from the BOG before doing so.
4. Bar employees whose job duties require them to do so, and independent
counsel retained at the direction of the President or the BOG, are specifically
authorized to represent the Bar, or any committee, section, or task force
thereof, before any legislative body, in any court, before any other tribunal or
in any communication to the Governor or the Attorney General of the State as
may be necessary to perform their job duties.
307
REDLINE: VERSION 1- CHANGES FROM FIRST READING
IV. GOVERNANCE
The Board of Governors (BOG) is the governing body of the Bar that detennines the
members will be elected from separate geographic regions designated as North
accordance with these Bylaws and BOG policy; and (c) six Governors elected at-
large pursuant to these Bylaws.
2. Duties.

the BOG, each Governor represents the interestswill act in the best
interest of all members of the Bar and all residents of the Statethe
public. Each Governor is primarily obligated to ensure that the Bar
fulfills the mandate set forth in General Rule 12.1 , carries out the
mission of the Bar, and operates in accordance with the Bar's Guiding
Principles.



308
3. Tenn.
a tenn of three years, except as may be otherwise provided by these Bylaws.
4. Vacancy.
a. A vacancy may a1ise due to resignation, death, removal by BOG, or

recall by members.



remain in that Governor's term, in the BOG's sole discretion
scheduled election for that Governor position. In that event, no
interim governor will be elected or appointed to the position.
a Governor by the BOG, and more than 12 months remain in
that Governor's term, the BOG must elect a candidate eligible
for that position to serve as Governor until the next regularly
scheduled election for that Governor position.
3) If a Governor is removed due to recall and more than 12

months remain in that Governor ' s term, a special election will
be conducted using the general procedures set forth in the
special election held pursuant to this paragraph must be no less
than 30 days and must, at a minimum, be prominently posted
on the Bar's website and emailed to all members eligible to
vote in the election.
309
4) Regardless of whether a special election will be held to fill a

Governor position that is vacant due to recall by the members,
such position will not be filled by any interim governors
selected by the BOG or appointed by the President.

Bar.
1. President.
entities to carry out policies established by the BOG. The President also performs
any other duties typically perf01med by an organization's President. The
President must present a repo1i to the membership covering the principal activities
2. President-elect.
The President-elect performs the duties of the President at the request of the
perform those duties. The President-elect also performs such other duties as may
4. Treasurer.
ensming that the BOG and officers are infonned about the finances of the Bar.
310
recusal, or refusal of the President and the President-elect to perfonn those duties .
the BOG.
including, without limitation: (1) hiring, managing and te1minating Bar personnel,
(4) preparing an annual budget for the Budget and Audit Committee, (5) ensuring
that the Bar's books are kept in proper order and are audited annually, (6)
operations, (11) ensuiing that minutes are made and kept of all BOG meetings,
6. Terms of Office.

c. The term of office of each officer position is one year; however, the
annual performance review.
7. Vacancy.

affirmative vote of 75% of the entire BOG. Good cause for removal
311
1) Upon removal or resignation of the President, the President-

elect will fill the unexpired tenn of the President and then serve
the term for which he or she was elected President. If there is
as it may determine, with the Treasurer perfonning the duties


the close of the term of the then-current President.

elect a new Treasurer pursuant to the procedures set forth in
these Bylaws.

the BOG, the Executive Director may, within 14 days of receipt of a
notice tenninating employment, file with the Supreme Court and serve
to disregard or violate a Court order or rule, the Comi may veto the

committees include, at a minimum, the following: Executive Committee;
Awards Committee; Budget and Audit Committee; Legislative Committee;
2. The purpose of BOG co1mnittees, regardless of what they are called, is to

312
which case voting members are as follows: Governors and officers appointed
of BOG committees or other Bar entities, unless the Chair determines
otherwise at the Chair's discretion.



2) the President;
the Committee.


those voting, whether the legislation is within the scope of GR 12.1
Committee to detennine a position on the legislation on behalf of
the BOG.
2) If the determination in subsection (1) above is affinnative, then the

Committee will detennine by a two-thirds majority vote of those
the BOG.
3) The Committee may detennine that major or novel legislative

issues will be referred to the BOG for consideration.
6
313

5) Due to the Committee's unique need to be able to act quickly to

using an email process for any particular issue, the Committee will
take up that issue at its next scheduled Committee meeting.

members.

1) The BOG first votes to determine whether the issue is
within the scope of GR 12.1 ; and
GR 12.1 , then the BOG will vote to determine what
3) participation or support to any degree in the candidate's
314

put to a vote of the Bar's membership .

the candidate is a member of that person's immediate family. This restriction
4. Other.

candidate or issue as pe1mitted in this Article, then that person must not state or
5. Letterhead.
315
must not be used to suppott or oppose any public issue unless the BOG has taken
Bar is pennitted to speak for or represent the Bar, or any committee, section, task force,
2. The BOG Legislative Committee is specifically authorized, under the terms of

Washington State Legislature, including the autho1ity to propose amendments ,
3. The Executive Director may communicate with Bar members, the judiciary,
in any co1mnunication to the Governor or the Attorney General of the State as
may be necessary to perfonn their job duties.
316
REDLINE: VERSION 1 - ALL CURRENT CHANGES (9/16/2016)
IV. GOVERNANCE
The Board of Governors (BOG) is the governing body of the WBA which Bar that
dete1mines the general policies of the Bar and approves its budget each year.
The Board of GovemorsBOG sfta.l.t-will consist of (a) the President, pursuant to

the tate Bar Act; (b) one member Governor elected from each Congressional
District, except in the Seventh Congressional District where members shall-will
be elected from separate geographic regions designated as North and South, and
identified by postal zip codes as established by the Bar Association in accordance
with these Bylaws and Board of GovemorBOG policy; and (c) three-six members
Governors elected at-large pursuant to these byla.vsBylaws.
2. Duties.
a. The Board of GovemorsBOG selects the Executive Director and elects

the President-elect of the Bar.
LThe Board of GovernorsBOG selects the Bar's Executive Director

annually reviews the Executive Director's performance.
~The Board of Governors operates as a representative body of all

members. As such, the Board of GovemorsRegardless of the method
by which any person is selected to serve on the BOG, each Governor
will act in the best interest of all members of the Bar and the public.
Each Governor is primarily obligated to ensure that the Bar fulfills the
mandate set forth in General Rule 12. l, carries out the mission of the
Bar_, and furthers the WBA'soperates in accordance with the Bar's
Guiding Principles, all within the mandate of General R-0le 12.
LEach Governor represents a constituency of the Bar as defined by

these byla\vs. As a representative, each Governor is expected to
communicate with members about Board BOG actions and issues, and
to convey member viewpoints to the Board, and to fulfill liaison duties
as assigned.

317
f_Meetings of the Board of GovernorsBOG sftal-l-will be held as provided

in these bylawsBylaws. Each Governor is committed to attendingm!!fil
attend all board meetings except, in a Governor's judgment, 1.vhen
ancases of emergency or compelling circumstance afises-that prevents
participation, and to attending other functions as possible.
Governors appointed to serve as BOG liaison to a WSBA committee, task

force, council, section, board, or other WSBA entity are not voting
members of those entities. Liaisons may be present during, but shall not
participate in, executive session or confidential deliberations except \Yhen
requested to do so as a resource.
3. Term of Office.
Governors sftal-l-will take officeassume their duties at the close of the final
regularly scheduled Board BOG meeting of the fiscal year in which they were
elected. -Governors shall hold office forserve a term of three years, except as
may be otherwise provided by these bylawsBylaws.
4. Vacancy.
a. Vacancy A vacancy may arise due to resignation, death, er-removal by

Board ofGovemorsBOG, or recall by members.

Board of GovernorsBOG exclusive of the Governor subject to
removal, who sftal-l-will not vote. The vote sftal-l-will be by
secret written ballot. Good cause for removal shall-include.,
without limitation, incapacity to serve, serious or repeated
failures to meet the duties outlined in these Bylaws, or conduct
or activities that bring discredit to the Bar.

l} If a vacancy occurs due to resignation, death, or the removal of

a Governor by the BOG,for any reason- and 12 months or less
remain on saidin that Governor's tenn, in the Board of
Governors'BOG's sole discretion the position may remain
vacant until the next regularly scheduled election for that
Governor position. In that event, no interim governor shall-will
be elected or appointed to the position.
318

a Governor by the BOG, and more than 12 months remain oo
saffiin that Governor's term, the Board of GovernorsBOG shall
must elect atra candidate eligible candidate for that position to
serve as Governor until the next regularly scheduled election
for that Governor position.:.
Vacancy due to recall by members
If a Governor is removed due to recall and 12 months or 1ess remain on

that Governor's tenn, in the Board of Governors' sole discretion the
position may remain vacant until the next regularly scheduled election for
that Governor position. In that event, no interim governor shall be elected
or appointed to the position.
.n_If a Governor is removed due to recall and more than 12
months remain eH-in that Governor' s term, a special election
shal-1--will be conducted using the general procedures set forth
in the "Election of Governors from Congressional Districts"
provisions of these bylawsBylaws. The application period for
any special election held pursuant to this section paragraph
shal-1--must be no less than 30 days and sftal-lmust, at a
minimum, be prominently posted on the \VSBA Bar's website
and e-mailed to all members eligible to vote in the election
who have valid e mail addresses on record with the Bar.
1)_Regardless of whether a special election will be held to fill a
Governor position which that is vacant due to recall by the
members, such position shal-1--will not be filled by any interim
governors selected by the BOG or appointed by the
presidentPresident.

The officers of the Bar shal-1-consist of a President, President-elect, Immediate Past-
President, and Treasurer. The WSBA Executive Director of the Bar serves as secretary in
an ex officio capacity. Gnly-Except for the Executive Director, all officers must be
Active members may serve as officers of the Bar.
1. President.
The President shall beis the chief spokesperson of the Bar, and shal-1-preside~ at all
meetings of the Board of Governors and at any meetings of the BarBOG. The
President has the authority to set the agenda; take action to execute the policies
established by the Board of GovemorsBOG; assign Governors as liaisons to
WSBA Bar sections, committees, or task forces, specialty bar associations, and
other law related organizations; and to appoint task forces, BOG committees, or
other ad hoc entities to carry out policies established by the Board of
GovernorsBOG. The President shall further also perfonn~ these-any other duties
that usually devolve upon such officertypically performed by an organization's
319
President. The President may vote only if the President's vote will affect the
result. The President sfl.a.l.l-must present a report to the membership covering the
principal activities of the Bar during the President's tenure.
2. President-elect.
The President-elect perfonns the duties of the President at the request of the
perform those duties. The President-elect sflall-also perform such other duties as
may be assigned by the President or the Board of GovemorsBOG. The President-
elect is not a voting member of the Board of GovemorsBOG except when acting
in the President's place at a meeting of the Board of GovemorsBOG and then
only if the vote will affect the result.
President or the Board of GovernorsBOG. The Immediate Past President shalt
will perform the duties of the President in the absence, inability, recusal, or
refusal of the President, President-elect, and Treasurer to perform those duties.
Among the duties specifically assigned to the Immediate Past President shall beis
to work on behalf of the Board BOG and the Officers officers to ensure
appropriate training and education of new beaffi--BOG members and officers
during their term.
The Immediate Past President is not a voting member of the Board of
GovernorsBOG except when acting in the President's place at a meeting of the
Board of GovemorsBOG and then only if the vote will affect the result.
4. Treasurer.
The Treasurer sfl.a.l.l-chair the WSBA Budget &-and Audit Committee and is
responsible for ensuring that the Board of GovernorsBOG and Officers officers
are informed about the finances of the ,i\ssociationBar. The Treasurer sftal.l-will
perform the duties of the President in the absence, inability, recusal, or refusal of
the President and the President-elect to perform those duties. The Treasurer shalt
also perform such other duties as are assigned by the President or the Board of
GovernorsBOG.
including, without limitation: (1) hiring, managing and terminating Bar personnel,
(4) preparing an annual budget for the WSBA Budget and Audit Committee, (5)
ensuring that the WSBA Bar's books are kept in proper order and are audited
annually, (6) ensuring that the annual audited financial report is made available to
all Active members, (7) collecting debts owed to the bar and assigning debts for
collection as deemed appropriate, (8) acquiring, managing, and disposing of
320
personal property related to the Bar's operations within the budget approved by
the BOG, (9) attending all BOG meetings, (10) reporting to the Board of
GovemorsBOG regarding Bar operations, (11) ensuring that minutes are made
and kept of all BOG meetings, and (12) performing such other duties as the Beard
of GovemorsBOG may assign. The Executive Director serves in an ex officio
capacity and is not a voting member of the Board of GovemorsBOG.
6. Te1ms of Office.
a. The President-elect is elected by the Board of GovemorsBOG, as set

forth in these bylawsBylaws. The President-elect shall-succeed the
President unless removed from office pursuant to these Bylaws.
b. The President-elect and Treasurer shall-take office at the close of the

final regularly scheduled Board BOG meeting of the fiscal year in
which they were elected to those positions. The President shall-take
office at the close of the final regularly scheduled Board BOG meeting
of the fiscal year in which he,l or she served as President-elect. The
Immediate Past President shall-take office at the close of the final
regularly scheduled Board BOG meeting of the fiscal year in which
he,l or she served as President.
Executive Director serves at the pleasure direction of the Board BOG
and has an annual perfonnance review.
7. Vacancy.

affirmative vote of 75% of the entire Board of GovemorsBOG. Good
cause for removal shall mean includes, without limitation, incapacity
to serve, serious or repeated failures to meet the duties outlined in
these Bylaws, or conduct or activities that bring discredit to the Bar.

elect shall-will fill the unexpired tenn of the President and shall
then serve the tenn for which he,l or she was elected President.
lfthere is no President-elect, then the Board of GovemorsBOG
shall-will elect such other person as it may determine, with the
Treasurer performing the duties of the President until the Beard
of GovemorsBOG elects a new President.

paragraph (1) above, the Board of GovemorsBOG shal-l-will
elect a new President-elect (from Eastern Washington if the
President-elect is mandated to be from Eastern Washington per
321
these bylawsBylaws).

Immediate Past President, the office sfl.al.1-will remain vacant
until the close of the term of the then-current President.
4) [Effecti've Janita.y 1, 2012] Upon removal or resignation of

the Treasurer, the Board of GovemorsBOG sfl.al.1-will elect a
new Treasurer pursuant to the procedures set fo1ih in these
Bylaws.
b. The Executive Director is appointed by the Board of GovemorsBOG,

serves at the pleasure direction of the Board of GovemorsBOG, and
may be removed dismissed at any time by the Board BOG without
cause by a majority vote of the entire Board of GovemorsBOG._lf
dismissed by the BOG, the Executive Director may, within 14 days of
receipt of a notice terminating employment, file with the Supreme
Court and serve on the President, a written request for review of the
dismissal. If the Supreme Court finds that the dismissal of the
Executive Director is based on the Executive Director's refusal to
accede to a BOG directive to disregard or violate a Court order or rule,
the Court may veto the dismissal and the Executive Director will be
retained.
C. BGG-BOARD OF GOVERNORS COMMITTEES.
1. The Board of GovemorsBOG may delegate work to BOG standing

committees, arul-special committees, work groups, or other subgroups
however defined, the membership of which sfl.al.1-will be established by the
President with due consideration given to Governors' membership requests.
The BOG standing committees sfl.al.1-include, at a minimum, the following:
Executive Committee; Awards Committee; Budget &-and Audit Committee;
Legislative Conunittee; Personnel Committee; and Diversity Committee.

Consensus should govern meetings of BOG cmmnittees whenever possible. If
which case voting members are as follows: Governors and Officers officers
appointed to BOG c01mnittees are voting members of BOG committees and
task forces. 'NSBA Bar staff are non-voting members of BOG standing
committees or other Bar entities, unless the ehaff-Chair determines otherwise,
and may be voting members of other committees and task forces at the chair's
Chair's discretion.

322


adopt positions on behalf of the Board of GovernorsBOG with respect
to legislation that has been introduced or is expected to be introduced
in the Washington State Legislature, including the authority to propose
amendments to legislation or to adopt positions on amendments to
legislation.
b. Membership: The President sfla.l.l-appoint the Committee, which shall

consist of the following voting members:
1) Eight members of the Board of GovernorsGovernors, including

the Treasurer;
2) the President;
The chair of the Committee shall be selected by the President selects the
Chair from among the Governors appointed to the Committee.
c. Procedure: Consideration of legislation by the Committee-sh-all

proceed in the following order:
1) The Committee sfla.l.l-fust determine, by a two-thirds majority

vote of those voting, whether the legislation is within the scope of
GR 12.1 and whether it is appropriate under the circumstances for
the Committee to determine a position on the legislation on behalf
of the Board of GovernorsBOG.
2) If the detennination in subsection (1) above is affinnative, then the

Committee sfial.1-will determine by a two-thirds majority vote of
those voting what position, if any, to adopt on the legislation on
behalf of the Board of GovernorsBOG.

issues will be referred to the Board of GovemorsBOG for
consideration.

sfla.l.l-must be promptly communicated to the Board of
GovemorsBOG by electronic delivery; and actions taken by the
323
Committee shall-must also be communicated at the next BOG

meeting of the Board.
5) Due to the C01mnittee's unique need to be able to act quickly to

issues by e-mail; however, if any Cotmnittee member objects to
using an e-mail process for any particular issue, the Committee
shall-will take up that issue at its next scheduled C01mnittee
meeting.
d. Quorum: A quorum sflal.l-consist. of a majo1ity of the Committee's

voting members.
e. Committee Meetings: The Board of Governors Legislative

Committee may meet in executive session, with no persons present
except the members of the Committee, other members of the Board of
GovemorsBOG, the Executive Director, the Legislative Liaison, and
such others as the Committee may authorize. Committee meetings
a. The Board of GovemorsBOG acting as a Board board sflal.l-must
not publicly support or oppose, in any election, any candidate for
public office.
b. The Board of GovemorsBOG acting as a Board board sflal.l-must
not take a side or position publicly or authorize any officer or the
Executive Director to take a side or position publicly on any issue
being submitted to the voters or pending before the legislature,
unless the matter is considered in public session at a meeting of the
Board BOG with advance notice to the Bar's membership, and the
following requirements are met:
1) The Board BOG shall-first vote. to determine whether the
issue is within the scope of GR 12.1; and
2) If the Board BOG determines that the matter is within the
scope of GR 12.1, then the Board BOG shall-will vote to
determine what position, if any, to adopt on the issue.
1) the use of the name or logo of the Washington State Bar
Association;
324

Notice of any Board BOG position or authorization to the President or Executive
Director to take a position sftal.l-must be published on the Bar's website as soon as
The President and President-elect sftal.l-must not publicly support or oppose, in an

Further, the President and President-elect sftal.l-must not take a side publicly on
any issue being submitted to the voters, pending before the legislature or
otherwise in the public domain except when specifically authorized or instructed
by the Board of GovemorsBOG to do so on a matter relating to the function or
purposes of the Bar.
Governors, other officers, and the Executive Director sftal.l-must not publicly
support or oppose, in an election, any candidate for public elective office in the
State of Washington the prerequisites for which include being an attorney, except
where the candidate is a member of that person's immediate family. This
restriction applies full y to prohibit:
4. Other.

candidate or issue as pennitted in this BylawArticle, then that person shall-must
325
not state or imply that he or she is acting in his or her capacity as officer,
Governor or Executive Director of the Washington State Bar Association unless
specifically authorized to do so by the Board of GovemorsBOG.
5. Letterhead.
Use of Bar letterhead shall beis limited to official business of the Bar and
specifically sftal.l-must not be used for personal or charitable purposes, or in
connection with any political campaign or to support or oppose any political
candidate. Bar letterhead sftal.l-must not be used to suppmi or oppose any public
issue unless the Board of GovemorsBOG has taken a position on the issue.
WSBA other Bar entity, or member thereof, member of the BOG, or officer or employee
of the Bar shall assumeis permitted to speak for or represent the Bar, or any committee,
section, task force, or entity thereof, before any legislative body, in any court, before any
other tribunal or in any communication to the Governor or the Attorney General of the
State, unless prior authorization to do so has been specifically granted by the BOG by
policy adopted by the BOG or by specific BOG action.
action to execute the policies established by the Board of GovemorsBOG, and
to serve as the representative of the Bar in connection therewith.

4. \SBA Bar employees whose job duties require them to do so, and
independent counsel retained at the direction of the President or the BOG, are
specifically authorized to represent the 1NSBABar, or any committee, section,
or task force thereof, before any legislative body, in any court, before any
other tribunal or in any communication to the Governor or the Attorney
General of the State as may be necessary to perform their job duties.
10
326
IV. GOVERNANCE
accordance with these Bylaws and BOG policy; (c) four Governors elected at-
large pursuant to these Bylaws; and (d) two Governors who are residents of
Washington State, are not licensed and have not been previously licensed to
practice law in any state, and are appointed by the Washington Supreme Court
after being nominated by the BOG in accordance with these Bylaws.
2. Duties.

the BOG, each Governor will act in the best interest of all members of
the Bar and the public. Each Governor is primarily obligated to ensure
that the Bar fulfills the mandate set forth in General Rule 12.1 , carries
out the mission of the Bar, and operates in accordance with the Bar's
Guiding P1inciples.



327
3. Term.
a term of three years, except as may be otherwise provided by these Bylaws.
4. Vacancy.

recall by members.



scheduled election or appointment for that Governor position.
In that event, no interim governor will be elected or appointed
to the position.
2) If a vacancy occurs due to resignation, death, or the removal by
the BOG of an Elected Governor and more than 12 months
remain in that Governor's tenn, the BOG must elect a
candidate eligible for that position to serve as Governor until
the next regularly scheduled election for that Elected Governor
position.
3) If an Elected Governor is removed due to recall and more than

12 months remain in that Governor's tenn, a special election
will be conducted using the general procedures set forth in the
such special election must be no less than 30 days and must, at
328
a minimum, be prominently posted on the Bar's website and

emailed to all members eligible to vote in the election.
4) Regardless of whether a special election will be held to fill an
Elected Governor position that is vacant due to recall by the
members, such position will not be filled by any interim
governors selected by the BOG or appointed by the President.
5) If an Appointed Governor is removed due to recall and more
than 12 months remain in that Governor's tenn, the BOG will
nominate another person eligible for that Appointed Governor
position for consideration and appointment by the Washington
Supreme Court. The application period for any such special
nomination procedure must be no less than 30 days and must,
at a minimum, be prominently posted on the Bar's website and
notices soliciting applications for the position shall be emailed
to all members of the Bar.

Bar.
1. President.
2. President-elect.
perform those duties. The President-elect also perfonns such other duties as may
The Immediate Past President perfonns such duties as may be assigned by the
329

members and officers dming their term.
4. Treasurer.
The Treasurer will perf01in the duties of the President in the absence, inability,
The Treasurer also performs such other duties as are assigned by the President or
the BOG.
including, without limitation: (1) hiring, managing and tenninating Bar personnel,
6. Terms of Office.

which he or she served as President-elect. The Irmnediate Past
330
annual perfonnance review.
7. Vacancy.

fai lures to meet the duties outlined in these Bylaws, or conduct or

elect will fill the unexpired term of the President and then serve
the tenn for which he or she was elected President. If there is
as it may detennine, with the Treasurer performing the duties

be from Eastern Washington per these Bylaws) .


elect a new Treasurer pursuant to the procedures set forth in
these Bylaws.

the BOG, the Executive Director may, within 14 days ofreceipt of a
331

Awards C01mnittee; Budget and Audit Committee; Legislative Committee;
2. The purpose of BOG c01mnittees, regardless of what they are called, is to

which case voting members are as fo llows: Governors and officers appointed
of BOG committees or other Bar entities, unless the Chair detennines
otherwise at the Chair's discretion.

provide~ in these Bylaws.


2) the President;
the Committee.


332

the BOG.
2) If the determination in subsection (1) above is affirmative, then the

Committee will detennine by a two-thirds majority vote of those
the BOG.
3) The Committee may determine that major or novel legislative



using an email process for any particular issue, the Committee will
take up that issue at its next scheduled C01mnittee meeting.

members.

l) The BOG first votes to determine whether the issue is
333
2) If the BOG dete1mines that the matter is within the scope of

GR 12.1 , then the BOG will vote to detennine what
3) paiiicipation or supp01i to any degree in the candidate' s
put to a vote of the Bar' s membership.

334
4. Other.

candidate or issue as permitted in this Article, then that person must not state or
5. Letterhead.
must not be used to support or oppose any public issue unless the BOG has taken
Bar is permitted to speak for or represent the Bar, or any committee, section, task force,

elected officials, and the cormnunity at large regarding Bar matters and
335
10
336
REDLINE: VERSION 3 - CHANGES FROM FIRST READING
IV. GOVERNANCE
accordance with these Bylaws and BOG policy; (c) four Governors elected at-
large pursuant to these Bylaws; and (d) two Governors who are residents of
Washington State, are not licensed and have not been previously licensed to
practice law in any state, and are appointed by the Washington Supreme Court
after being nominated by the BOG in accordance with these Bylaws.
2. Duties.

the BOG, each Governor represents the interestswill act in the best
interest of all members of the Bar and all residents of the 8tatethe
public. Each Governor is primarily obligated to ensure that the Bar
fulfills the mandate set forth in General Rule 12.1 , carries out the
mission of the Bar, and operates in accordance with the Bar's Guiding
Principles.



337
3. Tenn.
BOG meeting of the fi scal year in which they were elected. Governors serve
a term of three years, except as may be otherwise provided by these Bylaws.
4. Vacancy.

recall by members.



scheduled election or appointment for that Governor position.
In that event, no interim governor will be elected or appointed
to the position.
2) If a vacancy occurs due to resignation, death, or the removal by
the BOG of an Elected Governor and more than 12 months
remain in that Governor's term, the BOG must elect a
candidate eligible for that position to serve as Governor until
the next regularly scheduled election for that Elected Governor
position.
3) If an Elected Governor is removed due to recall and more than

12 months remain in that Governor's term, a special election
will be conducted using the general procedures set forth in the
338

such special election must be no less than 30 days and must, at
a minimum, be prominently posted on the Bar's website and
emailed to all members eligible to vote in the election.
4) Regardless of whether a special election will be held to fill an
Elected Governor position that is vacant due to recall by the
members, such position will not be filled by any interim
governors selected by the BOG or appointed by the President.
than 12 months remain in that Governor's term, the BOG will

Bar.
1. President.
2. President-elect.
perform those duties. The President-elect also performs such other duties as may
339
4. Treasurer.
the BOG.
including, without limitation: (1) hiring, managing and tenninating Bar personnel,
the judiciary, elected officials, and the c01mnunity at large regarding Bar matters,
(9) attending all BOG meetings, ( 10) reporting to the BOG regarding Bar
and (12) perfonning such other duties as the BOG may assign. The Executive
6. Terms of Office.

regularly scheduled BOG meeting of the fi scal year in which they
340
annual performance review.
7. Vacancy.


elect will fill the unexpired term of the President and then serve
the term for which he or she was elected President. If there is
as it may determine, with the Treasurer perfonning the duties



elect a new Treasurer pursuant to the procedures set fo1ih in
these Bylaws.

the BOG, the Executive Director may, within 14 days ofreceipt of a
341

Awards Committee; Budget and Audit Committee; Legislative Committee;

a BOG committee is unable to r:each a consensus, the committee will vote, in
which case voting members are as fo llows: Governors and officers appointed
of BOG committees or other Bar entities, unless the Chair dete1mines
otherwise at the Chair' s discretion.



2) the President;
the Committee.

342
1) The Co1mnittee first determines, by a two-thirds majority vote of

the BOG.
2) If the detennination in subsection (1) above is affinnative, then the

C01mnittee will detennine by a two-thirds majority vote of those
the BOG.

4) Any issues to be considered or actions taken by the C01mnittee

5) Due to the Committee' s unique need to be able to act quickly to

session, between meetings the C01mnittee may discuss and vote on
using an email process for any particular issue, the Coimnittee will
take up that issue at its next scheduled Co1mnittee meeting.
d. Quorum: A quorum consists of a majority of the Coimnittee's voting

members.
e. Co1mnittee Meetings: The Committee may meet in executive session,

and such others as the Co1mnittee may authorize. C01mnittee meetings
343
1) The BOG first votes to detennine whether the issue is

GR 12 .1 , then the BOG will vote to detennine what
Notice of any BOG position or authmization to the Presiqent or Executive

b. the conhibution of funds, or
344
c. pa1ticipation or support to any degree in the candidate's campaign.
4. Other.

candidate or issue as permitted in this Article, then that person must not state or
5. Letterhead.
must not be used to supp01t or oppose any public issue unless the BOG has taken
Except as specifically set forth in these Bylaws, no c01mnittee, section, task force, or
Bar is permitted to speak for or represent the Bar, or any committee, section, task force,

elected officials, and the c01mnunity at large regarding Bar matters and
345
thereof, before any legislative body, in any court, before any other hibunal or
10
346
REDLINE: VERSION 3 - ALL CHANGES (9/16/2016)
IV. GOVERNANCE
The Board of Governors (BOG) is the governing body of the WSBA which Bar that
detennines the general policies of the Bar and approves its budget each year.
The Board of GovernorsBOG shall-will consist of (a) the President, pursuant to

the State Bar Act; (b) one member Governor elected from each Congressional
District, except in the Seventh Congressional District where members shall-will
be elected from separate geographic regions designated as North and South, and
identified by postal zip codes as established by the Bar Association in accordance
with these Bylaws and Board of GovernorBOG policy; ood-(c) three-four
members Governors elected at-large pursuant to these bylawsBylaws; and (d) two
Governors who are residents of Washington State, are not licensed and have not
been previously licensed to practice law in any state, and are appointed by the
Washington Supreme Court after being nominated by the BOG in accordance
with these Bylaws.
2. Duties.
a. The Board of GovernorsBOG selects the Executive Director and elects

the President-elect of the Bar.
h_The Board of GovernorsBOG selects the Bar's Executive Director

annually reviews the Executive Director's performance.
f.:__The Board of Governors operates as a representative body of all

members. As such, the Board of GovernorsRegardless of the method
by which any person is selected to serve on the BOG, each Governor
will act in the best interest of all members of the Bar and the public.
Each Governor is primarily obligated to ensure that the Bar fulfills the
mandate set forth in General Rule 12.1, carries out the mission of the
Bar,_ and furthers the \VSBA'soperates in accordance with the Bar's
Guiding Principles, all within the mandate of General Rule 12.
LEach Governor represents a constituency of the Bar as defined by

these bylaws. As a representative, each Governor is expected to
communicate with members about Board BOG actions and issues, and
!Q_convey member viewpoints to the Board, and to fulfill liaison duties
as assigned.

347

[_Meetings of the Board of GovemorsBOG shall-will be held as provided

in these bylawsBylaws. Each Governor is committed to attendint5!lli:!fil
attend all board meetings except, in a Governor's judgment, when
aRcases of emergency or compelling circumstance afl.se&-that prevents
patiicipation, and to attending other functions as possible.
Governors appointed to serve as BOG liaison to a \\'SBA committee, task

force, council, section, board, or other \\'SBA entity are not voting
members of those entities. Liaisons may be present during, but shall not
participate in, executive session or confidential deliberations except .vhen
requested to do so as a resource.
3. Term of Office.
Governors shall-will take officeassume their duties at the close of the final
regularly scheduled Board BOG meeting of the fiscal year in which they were
elected. -Governors shall hold office forserve a tenn of three years, except as
may be otherwise provided by these bylawsBylaws.
4. Vacancy.
a. Vacancy A vacancy may arise due to resignation, death, er-removal by

Board of GovemorsBOG, or recall by members.

Board of GovernorsBOG exclusive of the Governor subject to
removal, who shall-will not vote. The vote shall-will be by
secret written ballot. Good cause for removal shatl-include....
without limitation, incapacity to serve, serious or repeated
failures to meet the duties outlined in these Bylaws, or conduct
or activities that bring discredit to the Bar.
2) Recall by Members. Any Governor may be removed fro m the

l} If a vacancy occurs due to resignation, death, or the removal of

a Governor by the BOG,for any reason- and 12 months or less
remain on saidin that Governor's term, in the Board of
Govemors'BOG 's sole discretion the position may remain
348
vacant until the next regularly scheduled election or

appointment for that Governor position. In that event, no
interim governor sfta.l.l-will be elected or appointed to the
position.
2) If a vacancy occurs due to resignation, death, or the removal Qy
the BOG of an Elected Governor by the BOG, and more than
12 months remain on saidin that Governor's tenn, the Board of
GovernorsBOG sfta.l.l-must elect an-a candidate eligible
candidate for that position to serve as Governor until the next
regularly scheduled election for that Elected Governor position~
Vacancy due to recall by members
If a Governor is removed due to recall and 12 months or less remain on

that Governor's term, in the Board of Governors' sole discretion the
position may remain vacant until the neJtt regularly scheduled election for
that Governor position. In that event, no interim governor shall be elected
or appointed to the position.
.n_If an Elected Governor is removed due to recall and more than
12 months remain en-in that Governor's tenn, a special
election sfta.l.l-will be conducted using the general procedures
set forth in the "Election of Governors from Congressional
Districts" provisions of these bylawsBylaws. The application
period for any such special election held pursuant to this
section shall must be no less than 30 days and shall-must, at a
minimum, be prominently posted on the V/BA Bar's website
and e-mailed to all members eligible to vote in the election
who have valid e mail addresses on record with the Bar.
.11._Regardless of whether a special election will be held to fill an
Elected Governor position vlhich that is vacant due to recall by
the members, such position sfta.l.l-will not be filled by any
interim governors selected by the BOG or appointed by the
presidentPresident.
than 12 months remain in that Governor's tenn, the BOG will

The officers of the Bar sfta.l.l-consist of a President, President-elect, Immediate Past-
349
President, and Treasurer. The W8BA Executive Director of the Bar serves as secretary in
an ex officio capacity. Gn!y-Except for the Executive Director, all officers must be
Active members may serve as officers of the Bar.
1. President.
The President shall beis the chief spokesperson of the Bar, and sftal.l-preside. at all
meetings of the Board of Governors and at any meetings of the BarBOG. The
President has the authority to set the agenda; take action to execute the policies
established by the Board of GovemorsBOG; assign Governors as liaisons to
'NSBA Bar sections, committees, or task forces, specialty bar associations, and
other law related organizations; and to appoint task forces, BOG committees, or
other ad hoc entities to carry out policies established by the Board of
GovemorsBOG. The President shall further also perform. these-any other duties
that usually devolve upon such officertypically performed by an organization's
President. The President may vote only if the President's vote will affect the
result. The President sftal.l-must present a report to the membership covering the
principal activities of the Bar during the President's tenure.
2. President-elect.
perform those duties. The President-elect shall-also perfonn. such other duties as
may be assigned by the President or the Board of GovemorsBOG. The President-
elect is not a voting member of the Board of GovemorsBOG except when acting
in the President's place at a meeting of the Board of GovemorsBOG and then
only if the vote will affect the result.
President or the Board of GovemorsBOG. The Immediate Past President shall
will perfonn the duties of the President in the absence, inability, recusal, or
refusal of the President, President-elect, and Treasurer to perform those duties.
Among the duties specifically assigned to the Immediate Past President shall beis
to work on behalf of the Board BOG and the Officers officers to ensure
appropriate training and education of new boord-BOG members and officers
during their tenn.
The Immediate Past President is not a voting member of the Board of
GovemorsBOG except when acting in the President's place at a meeting of the
Board of GovemorsBOG and then only ifthe vote will affect the result.
4. Treasurer.
The Treasurer shall-chair. the WSBA Budget &-and Audit Committee and is
responsible for ensuring that the Board of GovemorsBOG and Officers officers
are infonned about the finances of the AssociationBar. The Treasurer shalt-will
perfonn the duties of the President in the absence, inability, recusal, or refusal of
the President and the President-elect to perfonn those duties. The Treasurer shall
350
also perfonn such other duties as are assigned by the President or the Board of
GovemorsBOG.
including, without limitation: (1) hiring, managing and terminating Bar personnel,
(2) negotiating and executing contracts, (3) c01mnunicating with Bar members,
(4) preparing an annual budget for the WSBA Budget and Audit Committee, (5)
ensuring that the '.VSBA Bar's books are kept in proper order and are audited
annually, (6) ensuring that the annual audited financial report is made available to
all Active members, (7) collecting debts owed to the bar and assigning debts for
collection as deemed appropriate, (8) acquiring, managing, and disposing of
personal property related to the Bar's operations within the budget approved by
the BOG, (9) attending all BOG meetings, (10) reporting to the Board of
GovemorsBOG regarding Bar operations, (11) ensuring that minutes are made
and kept of all BOG meetings, and (12) performing such other duties as the Boord
of GovemorsBOG may assign. The Executive Director serves in an ex officio
capacity and is not a voting member of the Board of GovemorsBOG.
6. Terms of Office.
a. The President-elect is elected by the Board of GovemorsBOG, as set

forth in these bylawsBylaws. The President-elect sftal.1-succeed the
President unless removed from office pursuant to these Bylaws.
b. The President-elect and Treasurer sftal.1-take office at the close of the

final regularly scheduled Board BOG meeting of the fiscal year in
which they were elected to those positions. The President shall-take
office at the close of the final regularly scheduled Board BOG meeting
of the fiscal year in which he, or she served as President-elect. The
Immediate Past President sftal.1-take office at the close of the final
regularly scheduled Board BOG meeting of the fiscal year in which
he, or she served as President.
Executive D irector serves at the pleasure direction of the Board BOG
and has an annual performance review.
7. Vacancy.

affinnative vote of 75% of the entire Board ofGovemorsBOG. Good
cause for removal shall mean includes, without limitation, incapacity
to serve, serious or repeated fai lures to meet the duties outlined in
351
these Bylaws, or conduct or activities that b1ing discredit to the Bar.

elect sftal.l-will fill the unexpired term of the President and shall
then serve the term for which he,l or she was elected President.
If there is no President-elect, then the Board of GovemorsBOG
sftal.l-will elect such other person as it may detennine, with the
Treasurer perfonning the duties of the President until the Beard
of GovemorsBOG elects a new President.

paragraph (1) above, the Board of GovemorsBOG shall-will
elect a new President-elect (from Eastern Washington if the
President-elect is mandated to be from Eastern Washington per
these bylawsBylaws).

Immediate Past President, the office sftal.l-will remain vacant
until the close of the term of the then-current President.
4) [Effective Jamtary 1, 2012] Upon removal or resignation of

the Treasurer, the Board of GovemorsBOG sftal.l-will elect a
new Treasurer pursuant to the procedures set forth in these
Bylaws.
b. The Executive Director is appointed by the Board of GovemorsBOG,

serves at the pleasure direction of the Board of GovemorsBOG, and
may be removed dismissed at any time by the Board BOG without
cause by a majority vote of the entire Board of GovemorsBOG._Jf
dismissed by the BOG, the Executive Director may, within 14 days of
receipt of a notice terminating employment, file with the Supreme
Court and serve on the President, a written request for review of the
dismissal. If the Supreme Court finds that the dismissal of the
Executive Director is based on the Executive Director's refusal to
accede to a BOG directive to disregard or violate a Court order or rule,
the Court may veto the dismissal and the Executive Director will be
retained.
C. BGG-BOARD OF GOVERNORS COMMITTEES.
1. The Board of GovemorsBOG may delegate work to BOG standing

committees, t:HHi-special committees, work groups, or other subgroups
however defined, the membership of which sftal.l-will be established by the
President with due consideration given to Governors' membership requests.
The BOG standing committees sftal.l-include, at a minimum, the following:
Executive Committee; Awards Committee; Budget &-and Audit Committee;
352
Legislative C01mnittee; Personnel Committee; and Diversity Committee.

which case voting members are as follows: Governors and Officers officers
appointed to BOG committees are voting members of BOG committees and
task forces. \X/BA Bar staff are non-voting members of BOG standing
committees or other Bar entities, unless the eftai.f-Chair determines otherwise-,
and may be voting members of other committees and task forces at the chair's
Chair's discretion.


adopt positions on behalf of the Board of GovemorsBOG with respect
to legislation that has been introduced or is expected to be introduced
in the Washington State Legislature, including the authority to propose
amendments to legislation or to adopt positions on amendments to
legislation.
b. Membership: The President shall-appoint~ the Committee, which sllall

consist~ of the following voting members:
1) Eight members of the Board of GovemorsGovemors, including

the Treasurer;
2) the President;
The chair of the Committee shall be selected by the President selects the
Chair from among the Governors appointed to the Committee.
c. Procedure: Consideration of legislation by the Committee shall

proceed~ in the following order:
1) The Committee shall-first determine~, by a two-thirds majority

vote of those voting, whether the legislation is within the scope of
GR 12. 1 and whether it is approp1iate under the circumstances for
353
the Committee to determine a position on the legislation on behalf

of the Board of GovemorsBOG.
2) If the detetmination in subsection (1) above is affirmative, then the

Committee sftal.l-will determine by a two-thirds majority vote of
those voting what position, if any, to adopt on the legislation on
behalf of the Board of GovemorsBOG.
3) The Committee may determine that major or novel legislative

issues will be referred to the Board of GovemorsBOG for
consideration.

sftal.l-must be promptly communicated to the Board of
GovemorsBOG by electronic delivery; and actions taken by the
Committee sftal.l-must also be communicated at the next BOG
meeting of the Board.

issues by e-mail; however, if any Committee member objects to
using an e-mail process for any particular issue, the Committee
-sftal.l-will take up that issue at its next scheduled Committee
meeting.
d. Quorum: A quorum -sftal.l-consist~ of a majority of the Committee's

voting members.
e. Committee Meetings: The Board of Governors Legislative

Committee may meet in executive session, with no persons present
except the members of the Committee, other members of the Board of
GovemorsBOG, the Executive Director, the Legislative Liaison, and
such others as the Committee may authorize. Committee meetings
a. The Board of GovemorsBOG acting as a Board board shall-must
not publicly support or oppose, in any election, any candidate for
public office.
b. The Board of GovemorsBOG acting as a Board board shall-must
not take a side or position publicly or authorize any officer or the
Executive Director to take a side or position publicly on any issue
being submitted to the voters or pending before the legislature,
unless the matter is considered in public session at a meeting of the
354
REDLINE: VERSION 3 - ALL CHANGES (9/16/2016}
Board BOG with advance notice to the Bar's membership, and the
following requirements are met:
1) The Board BOG shall-first vote~ to detennine whether the
issue is within the scope of GR 12.1; and
2) If the Board BOG determines that the matter is within the
scope of GR 12.1 , then the Board BOG shall-will vote to
determine what position, if any, to adopt on the issue.
1) the use of the name or logo of the Washington State Bar
Association;
Notice of any Board BOG position or authorization to the President or Executive
Director to take a position shall-must be published on the Bar's website as soon as
The President and President-elect shall-must not publicly support or oppose, in an

Further, the President and President-elect shal!-must not take a side publicly on
any issue being submitted to the voters, pending before the legislature or
otherwise in the public domain except when specifically authorized or instructed
by the Board of GovemorsBOG to do so on a matter relating to the function or
purposes of the Bar.
Governors, other officers, and the Executive Director shall-must not publicly
support or oppose, in an election, any candidate for public elective office in the
State of Washington the prerequisites for which include being an attorney, except
where the candidate is a member of that person's immediate family. This
restriction applies fully to prohibit:
355
spouse, domestic pa1iner, child and the child of a spouse or domestic partner.
4. Other.

candidate or issue as permitted in this BylawArticle, then that person shall-must
not state or imply that he or she is acting in his or her capacity as officer,
Governor or Executive Director of the Washington State Bar Association unless
specifically authorized to do so by the Board of GovemorsBOG.
5. Letterhead.
Use of Bar letterhead shall beis limited to official business of the Bar and
specifically shalt-must not be used for personal or charitable purposes, or in
connection with any political campaign or to support or oppose any political
candidate. Bar letterhead shalt-must not be used to support or oppose any public
issue unless the Board of GovemorsBOG has taken a position on the issue.
WSBA other Bar entity, or member thereof, member of the BOG, or officer or employee
of the Bar shall assumeis permitted to speak for or represent the Bar, or any committee,
section, task force, or entity thereof, before any legislative body, in any court, before any
other tribunal or in any communication to the Governor or the Attorney General of the
State, unless prior authorization to do so h as been specifically granted by the BOG by
policy adopted by the BOG or by specific BOG action.
action to execute the policies established b y the Board of GovemorsBOG, and
to serve as the representative of the Bar in connection therewith.

3. The Executive Director may communicate with Bar m embers, the judiciary,
10
356
4. WSBA Bar employees whose job duties require them to do so, and
independent counsel retained at the direction of the President or the BOG, are
specifically authorized to represent the '.VSBABar, or any committee, section,
or task force thereof, before any legislative body, in any court, before any
other tribunal or in any communication to the Governor or the Attorney
General of the State as may be necessary to perform their job duties.
11
357
IX COMMITTEES, COUNCILS, AND OTHER BAR ENTITIES
A. GENERALLY.
1. The work of the Bar shall be accomplished by the BOG, the officers, and the
Bar staff. To facilitate the work of the Bar in accordance with its purposes as
provided in Article I, the BOG may delegate such work to an appropriate Bar
entity, such as sections, committees, councils, task forces, or other Bar entity,
however that may be designated by the BOG.
2. The work of any Bar entity established by the BOG must:
a. have a defined scope that requires the active and continuing attention
of the BOG;
b. further the Bar's Guiding Principles and/or the purposes of the Bar
outlined in General Rules promulgated by the Supreme Court; and
c. enhance consideration of a topic that is beyond the time and expertise

of the BOG and staff by incorporating expertise and additional
viewpoints from the broader community.
3. A list of the current c01mnittees, councils, and task forces, and their functions,
wip be maintained by the Executive Director. The BOG may terminate any
recurring committee whenever in its opinion such committee is no longer
necessary. Any nonrecurring Bar entity shall automatically tenninate
pursuant to the tenns of its charter or originating document.
4. Governors appointed to serve as BOG liaisons to any Bar entity are not voting
members. However, if a Governor is appointed as a member of any Bar
entity, then he or she may vote in accordance with the tenns of the charter or
originating document for that entity.
B. COMMITTEES AND OTHER BAR ENTITIES.
1. Committees.
Committees are created and authorized by the BOG to study matters relating to
the general purposes and business of the Bar which are of a continuous and
recurring character. The number, size, and functions of each committee will be
determined from time to time by the BOG.
a. Committee members, Chairs, and Vice Chairs must be Active

members of the Bar. Exceptions: (a) up to two Emeritus Pro Bono
members are pennitted to serve on the Pro Bono Legal Aid Committee
(PBLAC) and may be appointed to serve as the Chair, Co-Chair, or
Vice-Chair of that committee; and (b) faculty of Washington state law
358
schools who are not Active members of the Bar are permitted to serve
on the Committee on Professional Ethics (CPE).
b. Committee members are appointed by the BOG. Appointments to

committees are for a two-year tenn unless the BOG detennines
otherwise. A committee member's service on any committee is be
limited to two consecutive te1ms, after which the member cannot be
reappointed to that committee for three years, subject to individual
exceptions for cause as approved by the BOG. Appointments to the
Legislative Committee will be made pursuant to the written BOG
policy for that committee.
c. The President-elect will annually select the Chair or Vice Chair of

each committee, with the BOG having the authority to accept or reject
that selection.
d. In the event of the resignation, death, or removal of the Chair or any

committee member, the BOG may appoint a successor to serve for the
unexpired term.
2. Other Bar Entities.
The BOG may from time to time establish other Bar entities to study matters
relating to specific purposes and business of the Bar which are of an immediate
and/or non-recurring character. These other Bar entities may be titled as task
forces, workgroups, or any other label the BOG may designate.
a. The President will select the persons to be appointed to such other Bar
entities, with the BOG having the authority to accept or reject those
appointments. The term of appointments will be until the work of the
entity has been concluded or until such committee member's successor
is appointed.
b. The Chair(s) of any other Bar entity shall be appointed by the

President at the time of creation of the entity, with the BOG having the
authority to accept or reject that selection, and will serve for the
duration established by the BOG or until replaced.
c. In the event of the resignation, death or removal of the Chair or any

other member of the Bar entity, the President may appoint a successor
to serve for the unexpired term.
3. General Duties and Responsibilities for Committees and Other Bar Entities.
a. Each committee or other Bar entity will carry out various tasks and
assignments as requested by the BOG or as the entity may determine
to be consistent with its function or its charter or originating document.
359
b. Each Bar entity must submit an annual report to the Executive Director
and submit such other reports as requested by the BOG or Executive
Director.
c. These Bar entities are not pennitted to issue any report, take a side
publicly on any issue being submitted to the voters, pending before the
legislature, or otherwise in the public domain, or otherwise
communicate in a manner that may be construed as speaking on behalf
of the Bar or the BOG without the specific authorization to do so by
the BOG. Reports, recommendations, or proposals do not represent
the view or action of the Bar unless approved by a vote of the BOG.
d. Bar staff will work with each committee or other Bar entity to prepare
and submit an annual budget request as part of the Bar's budget
development process. Each committee and other Bar entity must
confine its expenditures to the budget and appropriation as approved
by the BOG as generally set forth in these Bylaws.
e. Each committee and other Bar entity must prepare and distribute
minutes of each meeting if required under Article VII of these Bylaws.
The minutes will be distributed to its members and posted on the Bar's
website, as soon as is reasonably possible after a meeting. The form of
the minutes must comply with Article VII of these Bylaws.
f. The success of any c01mnittee or other Bar entity is dependent upon the
active participation of its members.
1) Chairs and committee members serve at the pleasure of, and

may be removed by, the Board. Neither malfeasance nor
misfeasance is required for removal.
2) Any committee member who fails to attend two consecutive

regularly called meetings may be removed by the BOG, in the
absence of an excuse approved by the Chair.
C. COUNCILS.
1. Councils are created and authorized by the BOG to serve as advisory

committees to the BOG on matters and issues of particular import to the Bar.
2. Nominations to councils are made as set forth in the council's charter or

originating document, and are confinned by the BOG. Except as may be
specifically required under the council's charter or originating document,
council members are not required to be members of the Bar.
3. Tenns of appointments to councils will be as set forth in the council's charter

or originating document.
360
4. Each council will carry out the duties and tasks set forth in its charter or
01iginating document.
5. Each council must submit an annual report, and such other reports as may be
requested, to the BOG or Executive Director.
6. Bar staff will work with each council to prepare and submit an annual budget
request as part of the Bar's budget development process.
361
IX COMMITTEES, TASK FORCES, AND COUNCILS, AND OTHER BAR ENTITIES
A. GENERALLY.
1. The work of the Bar shall be accomplished by the BOG, the officers, and the
Bar staff. To facilitate the work of the Bar in accordance with its purposes as
provided in Article I, the BOG may delegate such work to an appropriate Bar
entity, such as sections, committees, councils, task forces, or other Bar entity,
2. The work of any Bar entity established by the BOG must:
of the BOG;
b. further the Bar's Guiding Principles and/or the purposes of the Bar
outlined in General Rules promulgated by the Supreme Court; and

3. A list of the current committees, councils, and task forces, and their functions,
will be maintained by the Executive Director. The BOG may terminate any
recurring committee whenever in its opinion such committee is no longer
necessary. Any nonrecurring Bar entity shall automatically tenninate
pursuant to the terms of its charter or originating document.
4. Governors appointed to serve as BOG liaisons to any Bar entity are not voting
entity, then he or she may vote in accordance with the terms of the charter or
B. COMMITTEES AND OTHER BAR ENTITIES.
1. Committees.
Committees are created and authorized by the BOG to study matters relating to
the general purposes and business of the Bar which are of a continuous and
recurring character. The number, size, and functions of each committee will be
detennined from time to time by the BOG.

members of the Bar. Exceptions: (a) up to two Emeritus Pro Bono
members are pennitted to serve on the Pro Bono Legal Aid Committee
362
schools who are not Active members of the Bar are pennitted to serve
on the Committee on Professional Ethics (CPE).
b. Committee members are appointed by the BOG. Appointments to

committees are for a two-year te1m unless the BOG determines
otherwise. A committee member's service on any committee is be
limited to two consecutive terms, after which the member cannot be
reappointed to that committee for three years, subject to individual
exceptions for cause as approved by the BOG. Appointments to the
Legislative Committee will be made pursuant to the written BOG
policy for that committee.
c. The President-elect will arurnally select the Chair or Vice Chair of

each committee, with the BOG having the authority to accept or reject
that selection.

committee member, the BOG may appoint a successor to serve for the
unexpired term.
2. Other Bar Entities.
The BOG may from time to time establish other Bar entities to study matters
relating to specific purposes and business of the Bar which are of an immediate
and/or non-recurring character. These other Bar entities may be titled as task
forces, workgroups, or any other label the BOG may designate.
a. The President will select the persons to be appointed to such other Bar
entities, with the BOG having the authority to accept or reject those
appointments. The term of appointments will be until the work of the
entity has been concluded or until such committee member's successor
is appointed.
b. The Chair(s) of any other Bar entity shall be appointed by the

President at the time of creation of the entity, with the BOG having the
authority to accept or reject that selection, and will serve for the
duration established by the BOG or until replaced.

other member of the Bar entity, the President may appoint a successor
to serve for the unexpired tenn.
a. Each committee or other Bar entity will carry out various tasks and
assignments as requested by the BOG or as the entity may detennine
to be consistent with its function or its charter or originating document.
363
b. Each Bar entity must submit an annual report to the Executive Director
and submit such other reports as requested by the BOG or Executive
Director.
c. These Bar entities are not permitted to issue any report, take a side
publicly on any issue being submitted to the voters, pending before the
legislature, or otherwise in the public domain, or otherwise
communicate in a manner that may be construed as speaking on behalf
of the Bar or the BOG without the specific authorization to do so by
the BOG. Reports, recommendations, or proposals do not represent
the view or action of the Bar unless approved by a vote of the BOG.
d. Bar staff will work with each committee or other Bar entity to prepare
and submit an annual budget request as part of the Bar's budget
development process. Each committee and other Bar entity must
confine its expenditures to the budget and appropriation as approved
by the BOG as generally set forth in these Bylaws.
e. Each committee and other Bar entity must prepare and distribute
minutes of each meeting ifrequired under Article VII of these Bylaws.
The minutes will be distributed to its members and posted on the Bar's
website, as soon as is reasonably possible after a meeting. The fonn of
the minutes must comply with Article VII of these Bylaws.
f. The success of any committee or other Bar entity is dependent upon the
active participation of its members.
1) Chairs and committee members serve at the pleasure of, and

may be removed by, the Board. Neither malfeasance nor
misfeasance is required for removal.

regularly called meetings may be removed by the BOG, in the
absence of an excuse approved by the Chair.
C. COUNCILS.
1. Councils are created and authorized by the BOG to serve as advisory

committees to the BOG on matters and issues of particular import to the Bar.

originating document, and are confirmed by the BOG. Except as may be
specifically required under the council's charter or originating document,
council members are not required to be members of the Bar.
3. Terms of appointments to councils will be as set forth in the council's charter

or originating document.
364
4. Each council will carry out the duties and tasks set forth in its charter or
originating document.
5. Each council must submit an annual report, and such other reports as may be
requested, to the BOG or Executive Director.
6. Bar staff will work with each council to prepare and submit an annual budget
request as part of the Bar's budget development process.
365
IX COMMITTEES, TASK FORCES, AND COUNCILS, AND OTHER BAR ENTITIES
A. GENERALLY.
1. The work of the Bar shall be accomplished by the Board of GovemorsBOG,

the officers, and the 'NBA Bar staff. To facilitate the work of the Bar in
accordance with its purposes as provided in Article I, the Board of
GovemorsBOG may delegate such work tlflder.to an appropriate Bar entity,
such as sections, committees, councils, task forces, tmd-or other WBA Bar
entitiesentity, however that may be designated by the BOG.
2. The work of a committee, council, or task forceany Bar entity established by

the BOG must:
of the Board of Governors (BOG)BOG;
b. further WBA's the Bar's Guiding Principles and/or the purposes_Qf

the Bar outlined in GR 12General Rules promulgated by the Supreme
Court; and

3. A list of the current committees, councils, and task forces, and their functions,
shall-will be maintained by the Executive Director. The Board of
GovemorsBOG may tenninate any recurring committee whenever in its
opinion such committee is no longer necessary. A council or task forceAny
nonrecurring Bar entity shall automatically terminate pursuant to the terms of
its charter or originating document.
4. Board of Governors'Governors members appointed to serve as BOG liaisons

to WBA committees, councils, and task forcesany Bar entity are not voting
entity, then he or she may vote in accordance with the terms of the charter or
366
B. COMMITTEES AND TASK FORCESOTHER BAR ENTITIES.
1. Committees.
C01mnittees are created and autho1ized by the Board of GovemorsBOG to study

matters relating to the general purposes and business of the Bar which are of a
continuous and recurring character. The number, size, and functions of each
co1mnittee sftal.l-will be determined from time to time by the Board of
GovernorsBOG.

members of the Bar. Exceptions: (a) up to two Emeritus,l_Pro Bono
members are permitted to serve on the Pro Bono Legal Aid Committee
schools who are not active Active members of the WSBA Bar are
pennitted to serve on the Committee on Professional Ethics (CPE).
b. Committee members are appointed by the Board ofGovemorsBOG.

Appointments to committees shall beare for a two-year term unless the
Board of GovemorsBOG determines otherwise. A committee
member's service on any c01mnittee shall-is be limited to two
consecutive tenns, after which the member cannot be reappointed to
that committee for three years, subject to individual exceptions for
cause as approved by the Board of GovemorsBOG. Appointments to
the 'NSBA Legislative Committee shall-will be made pursuant to the
written BOG policy for that committee.
c. The President-elect shall-will annually select the Chair or Vice Chair

of each committee, with the Board of GovemorsBOG having the
authority to accept or reject that selection.

committee member of a committee, the Board of GovemorsBOG may
appoint a successor to serve for the unexpired term.
2. Task ForcesOther Bar Entities.
Task forces are created and authorized by the Board of GovemorsThe BOG may
from time to time establish other Bar entities to study matters relating to specific
purposes and business of the Bar which are of an i1mnediate and/or non-recurring
character. These other Bar entities may be titled as task forces, workgroups, or
any other label the BOG may designate.
a. The \\'SBA President shall-will select the persons to be appointed to a

task forcesuch other Bar entities, with the Board of GovemorsBOG
having the authority to accept or rej ect those appointments. The tenn
of appointments to a task force shall wi ll be until the work of the task
367
.fe.reeentity has been concluded or until such committee member's

successor is appointed.
b . The Chair(s) of any task forcesother Bar entity shall be appointed by

the 'N8BA President at the time of creation of the task forceentity,
with the Board ofGovemorsBOG having the authority to accept or
reject that selection, and sftal.l-will serve for the duration of the task
.fe.reeestablished by the BOG or until replaced.

task forceother member of the Bar entity, the \!/SBA President may
appoint a successor to serve for the unexpired tenn.
a. Each committee or other Bar entity sftal.l-will carry out various tasks
and assignments as requested by the Board of GovemorsBOG or as the
committee entity may detennine to be consistent with its function or
its charter or originating document.
b. Each task force shall carry out the tasks and assignments set forth in its
originating document or charter.
LEach committee and task forceBar entity sftal.l-must submit an annual

report to the Executive Director and submit such other reports as
requested by the Board of GovemorsBOG or Executive Director.
~Committees and task forcesThese Bar entities sftal.l-are not pennitted to

issue any report, take a side publicly on any issue being submitted to
the voters, pending before the legislature, or otherwise in the public
domain, or otherwise communicate in a manner that may be construed
as speaking on behalf of the Bar or the Board of GovemorsBOG
without the specific authorization to do so by the Board of
GovemorsBOG. Reports, recommendations, or proposals do not
represent the view or action of the Bar unless approved by a vote of
the Board of GovemorsBOG.
.Q.,__Bar staff sftal.l-will work with each committee and task forceor other
Bar entity to prepare and submit an annual budget request as part of
the Bar's budget development process. Each cotrunittee and task
.fe.reeother Bar entity sftal.l-must confine its expenditures to the budget
and appropriation as approved by the Board of GovemorsBOG as
generally set forth in these bylmvsBylaws .
~Each committee and task forceother Bar entity sftal.l-must prepare and
distribute minutes of each meeting if required under Article VII of
these Bylaws. The minutes will be distributed to its members, and
sftal.l-posted those minutes on the WSBA Bar's website, as soon as is
368
reasonably possible after a meeting. Minutes The form of the minutes

shall-must contain a report of those present, those absent with excuse
and those absent .vithout excuse, and of the votes taken at each
1
meeting.comply with Article VII of these Bylaws.
f,_ The success of any committee or task forceother Bar entity is

dependent upon the active participation of its members.
1) Chairs and committee members of committees and task forces

serve at the pleasure of, and may be removed by, the Board.
Neither malfeasance nor misfeasance is required for removal.

regularly called meetings of the committee or task force may
be removed by the Board of GovemorsBOG, in the absence of
an excuse approved by the Chair of the committee or task
feree.
C. COUNCILS.
1. Councils are created and authorized by the Board of GovemorsBOG to serve

as advisory committees to the BOG on matters and issues of particular import
to the WSBABar.

originating document or charter, and are confinned by the BOG. Except as
may be specifically required under the council' s charter or originating
document or charter, council members are not required to be members of the
Bar.
3. Terms of appointments to councils shall-will be as set forth in the council's

charter or originating document or charter.
4. Each council shall-will carry out the duties and tasks set forth in its charter or
originating document or charter.
5. Each council shall-must submit an annual report, and such other reports as
may be requested, to the Board of GovemorsBOG or Executive Director.
6. Bar staff shall-will work with each council to prepare and submit an annual
budget request as part of the Bar's budget development process.
369
XI. SECTIONS
A. DESIGNATION AND CONTINUATION.
Sections are entities of the Bar created and tasked to carry on the work of the Bar and further their
purposes as defined in individual section bylaws. A list of all current sections will be maintained
by the Executive Director. Once established, a section will continue until discontinued as
provided in these Bylaws or in the section bylaws.
B. ESTABLISHING SECTIONS.
1. The BOG will consider the establishment of a new section on

a petition and report endorsed by at least 150 Active members of the Bar. Any such
petition must be filed with the Executive Director at least one BOG meeting prior to the
meeting at which action on the proposal is contemplated and must substantially set forth:
a. The contemplated purpose of the section, which will be within the purposes of the
Bar and not in substantial conflict with the purpose of any existing section or
committee, the continuance of which is contemplated after the section is established;
b. Proposed bylaws of the section, which must contain a definition of its purpose;
c. The names of any proposed committees of the section;
d. A proposed budget for the section for the first two years of its operation;
e. A list of members of the Bar who have signed statements that they intend to apply for
membership in the section;
f. A statement of the need for the proposed section.
2. The BOG may create a new section by combining sections as set forth in these Bylaws.
C. MEMBERSHIP.
1. Any Active member of the Bar may be a voting member of a section and eligible for
election to office in the section upon paying the annual dues established by the section.
Inactive members may not be voting members of sections.
2. If provided for in the section bylaws, any Emeritus Pro Bono member pursuant to APR
8(e), Judicial member, House Counsel under APR 8(t), professor at a Washington law
school (whether licensed in Washington or not), or any lawyer who is a full time lawyer
in a branch of the military who is stationed in Washington but not licensed in
Washington, may be a voting member of the section and eligible for election to office in
the section.
3. Law students will be allowed to be nonvoting members of any section at a standard

annual dues amount set by the BOG.
4. Sections may adopt bylaw provisions authorizing inactive members, and others not
eligible for section membership as voting members, to be nonvoting
370
members or "subscribers" of the section.
D. DUES
Dues will be paid annually in the amount determined by the section executive committee and
approved by the BOG. Any person who fails to pay the annual dues will cease to be a member of
the section.
E. BYLAWS AND POLICIES.
1. Sections are subject to all Bar Bylaws, policies, and procedures. Each section must have
bylaws consistent with the Bar Bylaws. Amendments to section bylaws may be made by
a majority vote of the voting executive committee members or by a majority vote of
section members present at a section meeting. Section bylaws or amendments thereof
will become effective when approved by the BOG.
F. SECTION EXECUTIVE COMMITTEE.
1. Each section will have a section executive committee consisting of, at a minimum, the
following Officer positions: Chair, Secretary and Treasurer (or Secretary/Treasurer); and
may have At-Large members. Unless otherwise permitted by a section's bylaws, voting
members of a section executive committee must be Active members of the Bar and a
member of the section for their entire term of office on the executive committee.
Additionally, a section executive committee may have ex-officio (non-voting) members.
The section executive committee is empowered to act on behalf of the section unless it
chooses to take a vote of the section membership.
2. Officers. Unless otherwise permitted by a section's bylaws, officers of a section

executive committee must be Active members of the Bar and elected by the section
membership to complete the one-year term of office.
a. Chair. The Chair of the section presides at all meetings of the section and section
executive committee, and will have such other executive powers and perform
such other duties as are consistent with the Bar and section bylaws.
b. Secretary. The Secretary will take minutes at each meeting of the section and
section executive committee, and provide approved minutes to the Bar for
publication and record retention.
c. Treasurer. The Treasurer will work with the Bar to ensure that the section
complies with Bar fiscal policies and procedures, work with the Bar to prepare
the section' s annual budget, and review the section's monthly financial
statements for accuracy and comparison to budget.
d.A section may have additional officer positions as defined in its section bylaws.
3. At-Large Members. At-large members of the section executive committee will be voting
members. At-large members will be elected by the section membership to three-year
tenns. A section executive committee may appoint its Young Lawyer Liaison (if any) as
a voting member of the section's executive committee.
371
4. Ex-Officio Members. Voting members of the section executive committee may appoint
ex-officio members from among the current members of the section to further the work of
the Bar and section. Ex-officio members do not vote on section executive conunittee
matters and serve at the discretion of the section executive comrn.ittee.
5. Executive committee members are not subj ect to a limit on the number of the consecutive
terms they may serve unless stated in a section's bylaws.
6. All section executive conunittee positions will begin October 1 each year.
G. NOMINATIONS AND ELECTIONS.
1. Nominations.
a. Nominating Committee. Each section will have a nominating committee

consisting of no less than three section members appointed annually by the Chair
or executive conunittee. At least one member of the nominating committee
should not be a current member of the section executive committee.
b. The executive corrunittee should reflect diverse perspectives. To assist this, all
applicants will apply through an electron.ic application process admin.istered by
the Bar. The application form will, on a voluntary basis, solicit information
including, but not limited to, the person's ethnicity, gender, sexual orientation,
disability status, area of practice, years of practice, employer, number of lawyers
in law firm, previous involvement in section activities, and skills or knowledge
relevant to the position. The nominating committee should actively take factors
of diversity into account when making recommendations.
c. Alternate Nomination Process. The executive committee will also have an

alternative process to allow for nominations to occur outside of the nominating
committee process.
d. Executive Committee Approval. The executive committee will approve a list of

nominees for each open position. Persons nominated through an alternative
nomination process will be included on the final list of approved nominees.
2. Elections
a. Only voting members of the section may participate in section elections.
b. The Bar will administer the elections by electronic means and certify results,
unless the section develops its own equivalent electronic election process. For
sections that admin.ister elections through an alternate equivalent electron.ic
election process, the section must provide the Bar with the total number of votes
cast and the number of votes received for each candidate immediately following
the close of the election.
c. In the event of a tie, the section executive corrunittee will implement a random
tie-breaker of its choice, such as a coin toss or a drawing of lots, to determine the
372
winner.
d. All election processes must comply with the Bar record retention policies.
3. Timing. Nominations and elections for open section executive committee persons will be
held between March and May each year.
H . VACANCIES AND REMOVAL.
1. The section executive committee will appoint, by a majority vote, members to fill
vacancies on the section executive committee. When a member is appointed to fill a
vacancy in an unexpired tem1, the member will do so until the next annual election when
an individual will be elected to serve the remainder of the vacated term.
2. Any member of the executive committee may be removed by a two-thirds majority vote
of the section executive committee. Grounds for removal include, but are not limited to,
regular absence from section executive committee meetings and events, failure to
perform duties, unprofessional or discourteous conduct or whenever, in the executive
committee's judgment, the executive committee member is not acting in the best interest
of the section membership.
I. OTHER COMMITTEES.
The section executive committee may create other committees as necessary to further the
purposes of the section. Section committees, section committee chairs, and section committee
members serve at the discretion of the section executive committee.
J. BUDGET.
Each section executive committee must submit an annual budget request for each fiscal year to
the BOG for review. The BOG will approve final section budgets as part of the Bar's annual
budget. The section executive committee expenditures must be consistent with the approved
section budget and consistent with the Bar fiscal policies and procedures.
K. SECTION REPORTS
Each section must submit an annual report to the Executive Director and such other
reports as requested by the BOG.
L. TERMINATING SECTIONS.
1. The BOG may consider terminating a section when it appears the section is no longer
carrying on the work of the Bar as defined in these Bylaws. The issue will be raised (a)
on motion, (b) on petition, or (c) at a "viability review" as defined in these Bylaws.
2. A section that has less than 75 voting members for two consecutive years will be
automatically placed on the BOG agenda for a "viability review. " The BOG has the
373
discretion to retain a section despite what might otherwise be considered to be a lack of

viability when in the BOG 's opinion the section is carrying on the work of the Bar as
defined in these Bylaws, and the work is of value to the legal profession.
3. Any section subject to a motion, petition, or viability review pursuant to paragraph (1)
above will be given notice and an opportunity to be heard by the BOG. Notice must be
sent by the Bar to the current section officers and/or executive committee and posted on
the Bar website at least one BOG meeting prior to the meeting at which the Board plans
to vote on the proposal.
4. A section subject to potential termination may petition the BOG to be combined with
another section, with that section's written approval, and will be given reasonable
opportunity to present that petition to the BOG before the BOG votes on the section's
termination.
5. If a section is terminated pursuant to these Bylaws, section members will be allowed to

transfer to another section of their choosing, without payment of additional fees, for the
remainder of the section dues year.
6. A section tenninated pursuant to these Bylaws may apply for reactivation if they meet
qualifications for establishing a new section.
7. Any funds remaining in the treasury of a section at the time of termination will be
transferred to the Bar's general operating fund unless otherwise designated by the BOG.
Funds in the treasury of combined sections will be combined.
374
XI. SECTIONS
Sections are entities of the Bar created and tasked to carry on the work of the Bar and further their
purposes as defined in individual section bylaws. A list of all current sections will be maintained
by the Executive Director. Once established, a section will continue until discontinued as
provided in these Bylaws or in the section bylaws.
1. The BOG will consider the establishment of a new section on

a petition and report endorsed by at least 150 Active members of the Bar. Any such
petition must be filed with the Executive Director at least one BOG meeting prior to the
meeting at which action on the proposal is contemplated and must substantially set forth:
a. The contemplated purpose of the section, which will be within the purposes of the
Bar and not in substantial conflict with the purpose of any existing section or
conmlittee, the continuance of which is contemplated after the section is established;
b. Proposed bylaws of the section, which must contain a definition of its purpose;
c. The names of any proposed committees of the section;
d . A proposed budget for the section for the first two years of its operation;
2. The BOG may create a new section by combining sections as set forth in these Bylaws.
C. MEMBERSHIP .
2. If provided for in the section bylaws, any Emeritus Pro Bono member pursuant to APR
8(e), Judicial member, House Counsel under APR 8(f), professor at a Washington law
school (whether licensed in Washington or not), or any lawyer who is a full time lawyer
in a branch of the nlilitary who is stationed in Washington but not licensed in
Washlngton, may be a voting member of the section and eligible for election to office in
the section.
3. Law students a:Fe-will be allowed to be nonvoting members of any section at a standard

annual dues amount set by the BOG.
375
D. DUES
Dues ~will be paid annually in the amount detennined by the section executive cornnuttee
and approved by the BOG. Any person who fails to pay the annual dues will cease to be a
member of the section.
1. Sections are subject to all Bar Bylaws, policies, and procedures. Each section must have
bylaws consistent with the Bar Bylaws. Amendments to section bylaws may be made by
a majority vote of the voting executive committee members or by a majority vote of
section members present at a section meeting. Section bylaws or amendments thereof
will become effective when approved by the BOG.
1. Each section will have a section executive COlTilnittee consisting of, at a tninimum, the
may have At-Large members. Voting Unless otherwise pemutted by a section's bylaws,
voting members of a section executive committee must be Active members of the Bar
and 1!._members of the section for their entire term of office on the executive coilllnittee.
The section executive coilllnittee is empowered to act on behalf of the section unless it
2. Officers. Officers Unless otherwise pennitted by a section's bylaws, officers of a section

executive coilllnittee, and will have such other executive powers and perform
b. Secretary. The Secretary mt:tSt-will take minutes at each meeting of the section
and section executive committee, and provide approved minutes to the Bar for
the section's annual budget, and review the section's monthly financial
3. At-Large Members. At-large members of the section executive coilllnittee will be voting
tem1s. A section executive committee may appoint its Young Lawyer Liaison (if any) as
376
the Bar and section. Ex-officio members do not vote on section executive committee
matters and serve at the discretion of the section executive committee.
5. Executive committee members are not subject to a limit on the number of the consecutive
6. All section executive committee positions will begin October 151 each year.
1. Nominations.

or executive committee. At least one member of the nominating committee
b. The executive committee should reflect diverse perspectives. To assist this, all
applicants tmiSt-will apply through an electronic application process administered
by the Bar. The application form will, on a voluntary basis, solicit information
disability status, area of practice, years of practice, employer, number oflawyers

committee process.

2. Elections
sections that administer elections through an alternate equivalent electronic
c. In the event of a tie, the section executive conun.ittee will implement a random
tie-breaker of its choice, as-such ~a coin toss or a drawing of lots, to determine
377
the wiimer.
H. VACANCIES AND REMOVAL.
1. The section executive committee will appoint, by a majority vote, voting members to fill
vacancies on the section executive committee. When a member is appointed to fill a
vacancy in an unexpired term, the member will do so until the next annual election when
committee's judgement, the executive committee member is not acting in the best interest
The section executive committee may create other committees pursuant to this provision, as
necessary to further the purposes of the section. Section committees, section committee chairs,
and section cornnlittee members serve at the discretion of the section executive committee.
J. BUDGET.
Each section executive committee must submit an annual budget request for each fiscal year to
the BOG for review. The BOG will approve final section budgets as part of the Bar's annual
budget. The section executive conmlittee expenditures must be consistent with the approved
section budget and consistent with the Bar fiscal policies and procedures.
K. SECTION REPORTS
Each section must submit an annual report to the Executive Director and such other
reports as requested by the BOG.
1. The BOG may consider terminating a section when it appears the section is no longer
carrying on the work of the Bar as defined in these Bylaws. The issue may-will be raised
in one of three uays: (a) on motion, (b) on petition, or (c) at a "viability review" as
378
defined in these Bylaws.
2. A section that has less than 75 voting members for two consecutive years will be
automatically placed on the BOG agenda for a "viability review." The BOG has the
discretion to retain a section despite what might otherwise be considered to be a lack of
viability when in the BOG's opinion the section is carrying on the work of the Bar as
defined in these Bylaws, and the work is of value to the legal profession.
3. Any section subject to a motion, petition, or viability review pursuant to paragraph (1)
above will be given notice and an opportunity to be heard by the BOG. Notice must be
sent by the Bar to the current section officers and/or executive committee and posted on
the Bar website at least one BOG meeting prior to the meeting at which the Board plans
to vote on the proposal.
4. A section subject to potential tennination may petition the BOG to be combined with
another section, with that section's written approval, and mH-St-will be given reasonable
opportunity to present that petition to the BOG before the BOG votes on the section's
termination.
5. If a section is terminated pursuant to these Bylaws, section members will be allowed to

transfer to another section of their choosing, without payment of additional fees, for the
remainder of the section dues year.
6. A section terminated pursuant to these Bylaws may apply for reactivation if they meet
7. Any funds remaining in the treasury of a section at the time of termination will be
transferred to the Bar's general operating fund unless otherwise designated by the BOG.
Funds in the treasury of combined sections will be combined.
379
REDLINE - ALL CHANGES (9/16/2016)
XI. SECTIONS
Sections are entities of the Bar created and tasked to shall-carry on the work of the Bar and
further their purposes as defined in individual section bylaws., each within the jurisdiction
defined in its bylaws. A list of all current sections sfta.H-will be maintained by the Executive
Director. Once established, a section sfta.H-will continue until discontinued as provided in these
!!bylaws or in the section bylaws.
1. The Board of GovemorsBOG -shall-will consider the establislunent of a new section on

a petition and report endorsed by at least 150-1-00 Active members of the Bar. Any such
petition shall-must be filed with the Executive Director at least one BOG meeting prior to
the meeting at which action ~on the proposal is contemplated and shall-must
substantially set forth:
a. The contemplated jurisdiction purpose of the section, which sfta.H-will be within the
purposes of the Bar and not in substantial conflict with the jurisdiction purpose of
any existing section or committee, the continuance of which is contemplated after the
section is established;
b. Proposed bylaws of the section, which shall-must contain a definition of its

j urisdictionpurpose;
c. The names of the-.fil1Y_proposed committees of the section;
d. A proposed budget for the section for the first two years of its operation;
2. The Board of GovemorsBOG may create a new section by combining sections as set
forth belewin these Bylaws.
C. MEMBERSHIP.
2. If provided for in the section bylaws, any lawyer adrrlitted to the Bar as an EmeritusjPro
Bono member pursuant to APR 8(e), Judicial member, House Counsel under APR 8(f),
professor at a Washington law school (whether licensed in Washington or not), or any
lawyer who is a full time lawyer in a branch of the military who is stationed in
Washington but not licensed in Washington, specially licensed to practice law pursuant to
APR 8(d) (educational purposes), APR 8() (House Counsel), or APR 8(g) (Military
Lawyer), may be a voting member of the section and eligible for election to office in the
380
section.
3. Law students shall will be allowed to be nonvoting members of any .Section at a

standard annual dues amount set by the Board of GovemorsBOG.
D. DUES
Dues will be paid annually in the amount determined by the section executive committee and
approved by the BOG. Any person who fails to pay the annual dues will cease to be a member of
the section.
1. Sections are subject to all Bar Bylaws, policies, and procedures. Each section shall-must
have bylaws consistent with these Bar Beylaws. Amendments to section bylaws may be
made by a majority vote of the voting executive committee members or by a majority
vote of section members present at a section meeting. Section bylaws or amendments
thereof shall-will become effective when approved by the Board of GovemorsBOG.
1. Each section will have a section executive committee consisting of, at a minimum, the
may have At-Large members. Unless otherwise pemlitted by a section's bylaws, voting
members of a section executive committee must be Active members of the Bar and
members of the section for their entire term of office on the executive committee.
The section executive committee is empowered to act on behalf of the section unless it
2. Officers. Unless otherwise permitted by a section's bylaws, officers of a section

executive committee, and will have such other executive powers and perform
b. Secretary. The Secretary will take minutes at each meeting of the section and
section executive committee, and provide approved minutes to the Bar for
the section's annual budget, and review the section's monthly financial
381
3. At-Large Members. At-large members of the section executive committee will be voting
terms. A section executive committee may appoint its Young Lawyer Liaison (if any) as
the Bar and section. Ex-officio members do not vote on section executive committee
matters and serve at the discretion of the section executive committee.
5. Executive committee members are not subject to a limit on the number of the consecutive
6. All section executive committee positions will begin October 1 each year.
1. Nominations.

or executive committee. At least one member of the nominating committee
b. The executive committee should reflect diverse perspectives. To assist this, all
applicants will apply through an electronic application process administered by
the Bar. The application form will, on a voluntary basis, solicit information
disability status, area of practice, years of practice, employer, number of lawyers

committee process.

2. Elections
sections that administer elections through an alternate equivalent electronic
382
c. In the event of a tie, the section executive committee will implement a random
tie-breaker of its choice, such as a coin toss or a drawing of lots, to determine the
winner.
1. The section executive committee will appoint, by a majority vote, members to fill
vacancies on the section executive conunittee. When a member is appointed to fill a
vacancy in an unexpired tenn, the member will do so until the next annual election when
committee's judgment, the executive committee member is not acting in the best interest
The section executive committee may create other committees, as necessary to further the
purposes of the section. Section committees, section committee chairs, and section committee
members serve at the discretion of the section executive committee.
J. BUDGET.
Each section executive committee shall-must submit an annual budget request for each fiscal year
to the Board of Governors BOG for review. The BOG will approve final section budgets as part
of the Bar's annual budget. The section executive committee, and shall confine its expenditures
must to the budget and appropriation be consistent with as-the approved section budget and
consistent with the Bar fiscal policies and procedures. by the Board of Governors.
K. SECTION REPORTS
Each section shall-must submit an annual report to the Executive Director and such other
reports as requested by the Board of GovernorsBOG.
383
1. The Board of GovemorsBOG may consider terminating a section_-when it appears the

section is no longer carrying on the work of the Bar as defined in the Functions section of
these B.aylaws. The issue s-ha-ll-will be raised (a) on motion, (b) on petition, or (c) at a
"viability review" as defined in these ]2aylaws.
2. A section whieh-that has less than~1.i_voting members for two consecutive years will
be automatically placed on the BOG agenda for a "viability review." The Board of
GovemorsBOG has the discretion to retain a section despite what might otherwise be
considered to be a lack of viability when in the Board's BOG's opinion the section is
carrying on the work of the Bar as defined in the Functions section of these ]2aylaws, and
the work is of value to the legal profession.
3. Any section subj ect to a motion, petition, or viability review pursuant to paragraph (1)
above s-ha-ll-will be given notice and an opportunity to be heard by the Board of
GovemorsBOG. Notice must be sent by the Bar to the current section officers and/or
executive committee and posted on the WSBA Bar website at least one Beard-BOG
meeting prior to the meeting at which the Board plans to vote on the proposal.
4. A section subject to potential termination may petition the Board of GovernorsBOG to be

combined with another section, with that section' s written approval, and shall-will be
given reasonable opportunity to present that petition to the BOG before the BOG votes on
the section's termination.
5. If a section is terminated pursuant to these Bylaws, section members s-ha-ll-will be allowed

to transfer to another section of their choosing, without payment of additional fees, for
the remainder of the section dues year.
6. A section terminated pursuant to these Bylaws may apply for reactivation if they meet
7. Any funds remaining in the treasury of a section at the time of termination 5-hall-will be
transferred to the Bar' s general operating fund unless otherwise designated by the Beare
of GovemorsBOG. Funds in the treasury of combined sections s-ha-ll-will be combined.
384
WSBA
BOARD OF GOVERNORS
Anthony David Gipe phone: 206.386.4721

Immediate Past President e-mail: adgipeWSBA@gmail.com
August 17, 2016
From: Anthony David Gipe, BOG Bylaws Workgroup Chair, Immediate Past President
Subject: Bylaws Workgroup Report
This memo is the final report of the Bylaws Workgroup, and attached hereto are the revisions
recommended by the workgroup at its last meeting to forward to the BOG for approval. Below
is a brief recitation of the history leading up to the bylaws review, and then a summary of
proposed amendments by Chapter with redline and clean copies of the proposed amendments.
History of the Governance Review Process (2012-2016)
The Board created the Governance Task Force (Task Force) in 2012 to examine the Bar's
governance structure. The Task Force was asked to review bar governance practices for
consistency with best practices and how the structure impacts the Bar's mission to serve the
public and members. The Task Force reported to both the Supreme Court and the BOG (the Bar
operates under delegated authority of the Court as outlined in the General Rules and under
precedent established in the Court's decisions). The Task Force met 18 times from 2012-2014;
provided an interim report to the Supreme Court and the BOG in 2013; provided a second
interim report and recommendations to the BOG in April 2014; and issued its final report and
recommendations in June 2014. All of these reports were discussed in BOG public meetings.
Once the BOG received the Task Force final rep01t and recommendations, the BOG publicly
reviewed the Task Force recommendations in six BOG meetings from November 2014 through
June 2015. The BOG review of the Task Force involved committee meetings and BOG meetings
where the recommendations were discussed. Each of those meetings was done with notice to the
members and materials were published to the members and the public at every stage. In the
course of this review, the BOG prepared its Governance Report on the Task Force
recommendations which was ultimately adopted at the September 2015 BOG meeting.
A complete copy of the Task Force Report and the BOG Governance Repo1t is contained in
supplemental mate1ials. Generally, the recommendations approved by the BOG included:
~CY'orking Together to Champion Justice

Page 1
385
1. Increasing the frequency of meetings between the BOG and the Supreme Court, and
seeking Supreme Court approval of any bylaw amendments.
2. The BOG acknowledges the Court's plenary authority to take any action it wishes with
regard to the Executive Director and the Chief Disciplinary Counsel.
3. The Court and the BOG should evaluate and adjust the function of Supreme Court Boards
and assess how they are operating under Bar administration.
4. Clarify the duties of Governors, Officers, and the Executive Director under the Bylaws
and under other applicable policies.
5. Change the name of the Bar to "Washington State Bar".
6. Conduct training for Board members and review and adopt governance practices to
improve board performance.
7. Focus the BOG on strategic planning and issues.
8. Increase the number of Governors to accommodate adding two public members and one
LLLT/LPO member.
9. Create a nominations or search committee to aid in recruiting qualified board members.
10. Establish an Executive Committee of the BOG to handle routine and non-strategic
matters, and to reduce board workload.
11. Review processes to reduce overall Governor workload.
12. Generally improve governance practices at the Bar.
As a necessary next step to implement the policy decisions in the September 2015 BOG Report
on Governance, the BOG created the Bylaws Workgroup to handle amendments to the bylaws
that were explicitly or implicitly raised by the BOG's response to the Task Force. The Bylaws
Work Group included BOG Members, and staff from General Counsel's Office and Chief
Disciplinary Counsel' s Office and was specifically established to perfo1111 the following tasks:
Review the policies adopted in the BOG's Response to the Task Force report
Obtain any further guidance from the state Supreme Court on the recommendations
Draft and recommend bylaw changes and/or other Board action needed to effectively
implement the recommendations
Recommend any further authority or action needed by the Board or the Court to

Page 2
386
implement the proposed changes
The Workgroup, at its first meeting in November 2015, outlined the specific areas of the Bylaws
that are implicated by the BOG Governance Report and the Task Force Report. Due to the
complexity of the work and the Bylaws, the Workgroup sought to evaluate the Bylaws as broadly
as possible. This approach was especially important in that many of the Bylaws sections had not
been systematically reviewed in many years, and the fo1mation of the Workgroup provided the
opportunity to update provisions.
In addition, there were many comi rules currently under revisions, including General Rule 12
and ce1iain APR's that could have an impact on the Bylaws, and addressing them along with this
review was detennined to be expedient and would reduce duplicative effo1is later. With these
issues in mind, the Workgroup reviewed the Bylaws with a slightly broader scope than originally
mandated. The BOG voiced no concerns with the broader focus in the Workgroup's scope of
work report to the BOG in November 2015.
Following the initial meeting of the Workgroup, the Workgroup formed subgroups to review the
specific chapters in the Bylaws, and then held regular meetings to discuss issues and recommend
language. Throughout the last ten months, the Workgroup has reported to the BOG at every
regular meeting to update the BOG and receive further guidance from the BOG on the scope of
the Workgroup 's task. On a couple of occasions, the BOG provided further direction to the
Workgroup and expanded the Workgroup' s review, including a request to provide
recommendations on Bylaws issues not directly related to the BOG Governance Report.
The Proposed Amendments
The Bylaws Workgroup proposed amendments are attached hereto in redline and clean fonn.
The current Bylaws are provided in supplemental material for reference. For the First Reading
(which is solely for infonnation and comment, not for action), each Article will be taken in tum,
with a summary of the changes and the Workgroup's reasoning for the proposed changes.
Going forward, between the First Reading in August and the September 29-30 BOG Meeting,
additional public comment can be received, and the Workgroup may - at the direction of the
BOG - make any adjustments or clarifications necessary for the draft amendments. No final
action will occur on these amendments until September 2016 at the earliest, if the BOG chooses
to act on them at that time.
General Changes
In keeping with the Task Force reco1mnendation and the rec01mnendation adopted in the BOG
Governance Report, the Bylaws proposed amendments include a change to the name of the
organization throughout the Bylaws from Washington State Bar Association to "Washington
State Bar". The references to "WSBA" in the Bylaws are changed to "Bar". Likewise, other
terms were changed throughout for ease of reading, such as replacing the Term "Board of
Governors" with BOG and employing other acronyms where appropriate.

Page 3
387
SUMMARY OF SPECIFIC PROPOSED AMENDMENTS
Article I and General Rule 12 (The Purpose of the Bar)
Article I of the Bylaws is concerned with incorporating the Supreme Court's General Rule 12
into the Bylaws, which delineates the purpose of the Bar, the functions the Bar is specifically
authorized to engage in, and the functions the Bar is expressly not authorized to perform.
Along with the Bylaws review, there is a proposal recommended for the amendment of GR 12.
Because Article I is governed by GR12, and because the Task Force Report and the BOG
Governance Report both requested clarification of these functions, especially with regard to
Supreme Court created boards administered by the Bar, the Workgroup believed that Article I
should be revised to closely mirror the proposed GR 12. The attached amendments reflect that.
Note that the section of GR 12 related to administration of Supreme Court-created Boards will be
brought forward at a later date.
Article II
Article II is concerned solely with the definitions of tenns used in the Bylaws. Some of these
definitions are updated to accommodate the change of the name. Other changes include adding
definition of member to acc01mnodate the potential for a joint administration of multiple legal
professionals, as discussed in Article III, and refining the definitions of "meetings" and
"electronic" to address concerns raised by the Governance Report and by members.
Article III
Article III is concerned with membership of the Bar. The proposed amendments to this chapter
are largely concerned with two aspects. First, the BOG Governance Report and the Task Force
Recommendations believed that the governance of the Bar must accommodate alternative
practitioners within the governance, as per the recommendations on adding an additional seat on
the BOG representing LLLT/LPO. Second, there are proposed amendments to the Admission
and Practice Rules relating to coordinated systems for consistent and efficient regulation of
licensing for different legal practitioners.
The primary difference between the proposed Bylaws incorporating these recommendations and
the existing Bylaws is in the definition of "members". The attached proposals to amend Article
III are designed to allow for Bar members with different licensing credentials, such as attorney,
LLLT, and LPO.
Article IV
Article IV concerns the governance of the Bar, specifically the Board of Governors.
L~orking Together to Champion Justice

Page 4
388
Section A has a significant proposed amendment, which adds three new members to the BOG,
including one LLLT/LPO member, and two public members. As discussed more specifically in
Article VI below, there are three versions of Section A, depending on how the BOG decides to
elect or appoint these new members. Version 1 has all new members nominated and then elected
by the vote of the BOG. This version is the primary recommendation by a majority of the
Workgroup. Version 2 contemplates the three new members being nominated by the BOG and
appointed by the Supreme Court, which was the recommendation supported by the Governance
Task Force and adopted by the BOG Governance Report last September. Version 3 is a
compromise version of the two proposals, which has the LLLT/LPO member elected by the
BOG and the public at-large members nominated by the BOG and appointed by the Supreme
Comi. This compromise version was suggested by the BOG Executive Committee.
The remaining proposed amendments to Article IV conform the duties and fiduciary
responsibilities of the BOG to the recommendations approved by the BOG in the Governance
Report from September 2015. These include the fiduciary role to the Bar as a whole, liaison
duties, removal of governors, and recall. It also includes proposed amendments regarding the
officers and the executive director, including the Task Force Rec01mnendation regarding the
Supreme Court's ability to veto a te1mination decision if the decision to tenninate the executive
director was made in direct conflict to the Supreme Court's orders or rules.
The remaining proposed revisions to this article are directed to better governance practices for
running BOG committee meetings and to make language consistent with other proposed
amendments.
Article VI
This article of the Bylaws details the methods of election of governors and officers. The most
significant proposed amendment, as discussed with Article IV, is the election of the three new
governors recommended in the BOG Governance Report. There are three versions of these
proposed amendments depending on the decision the BOG makes with regard to how to elect the
new board members.
Version 1 has all new members nominated and then elected by the vote of the BOG. This
version is the primary rec01mnendation by a majority of the Workgroup. Version 2 contemplates
the three new members being nominated by the BOG and appointed by the Supreme Court,
which was the recommendation supported by the Governance Task Force and adopted by the
BOG Governance Report last September. Version 3 is a compromise version of the two
proposals, which has the LLLT/LPO member elected by the BOG and the public at-large
members nominated by the BOG and appointed by the Supreme Court. This was suggested by
the BOG Executive Committee.
It should be noted that the implementation of this proposed amendment adding the new BOG
members will require an order of the Supreme Court.
Page 5
389
The remaining recommended amendments for this article include New Governor Orientation and
adjustments to recall provisions for Governors. The new governor orientation was included to
address recommendations regarding the training new governors and the transition between
outgoing and incoming board members. The recommendations on adjusting recall provisions
was to address revising the Bylaws in light of modem governance practices.
Article VII
Article VII contains the Bylaw provisions that govern meetings, and open meeting procedures at
the Bar. It is important to understand with regard to all public meetings requirements under the
Bylaws that these requirements should not be confused or conflated with the requirements of the
Open Public Meetings Act (RCW 42.30). The OPMA is not generally applicable to the Bar.
Article VII was created over twenty years ago to give the public and the members a general right
of transparency and access for Bar governance, similar to that provided by the OPMA. Therefore
the open meetings requirements applicable to the Bar are governed by this Bylaw and not the
statute or the case law relating to the OPMA.
The proposed changes to these bylaws were to address the recommendations to improve
governance, as well as to clarify long standing ambiguities as to what meetings required minutes
be taken, public notice, electronic meetings, whether voting could be conducted electronically,
and the use and parameters of executive session for the BOG and for other bar entities. All of
these rec01mnendations are intended to update governance practices for the Bar.
The most important recommended changes are:
Definitions of what constitutes a meeting for open meeting requirements and when minutes are
required for a meeting are clarified in these proposals. If any "bar entity" is convening to discuss
a topic within its authority delegated by the BOG, to discuss proposals, hear from members, etc.,
then it is a public meeting as defined by this Bylaw, which then must be open to the members
and the public, and requires prior notice be given. However, minutes need not be taken unless
the meeting is intended as taking final action on any topic, such as making decisions or
recommendations. The proposed amendments also clarify what the minimum requirements are
for taking minutes and that these minutes must be published.
In addition, meetings may be held in person or by teleconference, but a vote can be held
electronically, so long as certain steps are taken to preserve the vote and to publish the vote
results.
Perhaps the most significant proposal to amend this section of the Bylaws is the clarification of
"Executive Session". Under Section VIl.B.7, "Executive Session" can only be used in certain
limited circumstances. The portion of this bylaw amendment relating to the BOG was moved to
this section from another location because it fit more as a general policy than one applying solely
to the BOG. The new material in this section is an expansion of Executive Session to expressly
LWorking Together to Champio n jttstice

Page 6
390
apply to any other Bar Entities (Committees, Workgroups, Sections, etc.). There had been some
confusion about whether executive session applied to Bar Entities other than the BOG, and it was
felt that adding the specific guidance on the subject was valuable. The scope of executive
session for non-BOG meetings is not as broad as with the BOG meetings, however, it
specifically accommodates the instances in which committees, councils, and sections may need
to have executive session communications.
The language for this section was modeled on similar provisions from the OPMA. While the Act
does not apply directly to the Bar, it provides well understood definitions and can provide
guidance to the application of executive session.
Finally, executive session will always require minutes of the meeting, but they are not required
to be published. The minutes of executive sessions are maintained in the Bar offices for record
keeping, while preserving the confidential nature of the minutes.
The remaining changes to this article are to clarify and clean up the Bylaw added last year
regarding the BOG Executive Co1mnittee.
Article VIII
This article concerns the referendum procedures for the Bar. The Task Force Recommendations
and the BOG Governance Report made no specific reference to the referendum procedures.
However, as part of the recommendations they did suggest reviewing and amending governance
procedures to bring them up to date with contemporary practices.
As part of the Workgroup's review, there was some discussion of the referendum, and the fact
that Washington remains one of a few states that has a right of referendum for its members. In
discussing this, the Workgroup decided to seek the BOG's guidance on whether they wanted to
include the referendum provisions of the Bylaws in the Workgroup's recommendations, as part
of the modernizing governance procedures in the review. In the June 20 16 meeting, the BOG
directed the Workgroup to provide a recommendation on this subject.
The Workgroup 's discussion of the referendum primarily centered around adjusting the threshold
and/or voting requirements for referendum. The Workgroup did not consider recommending to
the BOG that the referendum be eliminated altogether. A draft proposal of amendments to the
referendum procedure was provided to the BOG and made public in advance of the July 2016
BOG meeting. That draft contemplated tying either the threshold for petition or the ultimate
minimum vote for passage to equal a simple majority of the members who voted in the most
recent election of Governors. In this way, the proposal would ensure that any decision of the
BOG that was going to be countennanded by referendum would have at least a majority equal to
or greater than the number of members who participated in electing the BOG. From modem
governance standards this prevents a super minority from overturning the elected officials
elected by a majority within in the same year.
Lf?'orking Together to Champion Justice

Page 7
391
At the July 2016 BOG meeting, the BOG opted to delay consideration of amendments to Article
VIII until a workgroup of the BOG could be appointed for the 2016-2017 year with the sole
purpose of studying and evaluating the referendum, determine the best next step and then return
to the BOG by September 2017 with further recommendations. That workgroup will be
appointed by President Hyslop and President-Elect Haynes at the September 2016 meeting of the
BOG.
Article IX
This provision of the Bylaws concerns committees and other entities of the Bar who are
delegated authority to perform work for the Bar. In the past there has been a lot of confusion
around what rules govern committees, councils, task forces, etc., or around the proliferation of
names. As part of the Task Force recommendations adopted by the BOG Governance Report,
these recommended bylaw changes are designed to reduce confusion and use the same set of
rules for any non-recurring task forces and workgroups, no matter how they are named. These
changes are also helpful in reducing the workload of the BOG.
Section A of the proposed amendments relate to the scope of work and authority delegated by the
BOG to committees and other bar entities.
Section B delineates two general categories for most bar entities delegated to perform work on
behalf of the BOG. The first are committees, which are the working bodies of the Bar that recur
year-to-year. The second are labeled as "other bar entities", no matter what they are titled, which
are given a limited mission and duration as designated by the BOG for the purpose of addressing
certain topics. It should be noted, that the Section Policy Workgroup meeting on August 12,
2016, has asked the BOG to remove sections from the "other bar entity" definition herein,
because as currently worded it could result in conflicting guidelines with Article XI applying to
Sections more specifically.
Section C, Councils, is maintained without change to accommodate the advisory committee

functions - such as the Council on Public Defense - which do not fit into working committees of
the Bar and are not short term working bodies like task forces and workgroups.
Article XI
The Bylaws relating to the sections of the Bar were not directly referenced as part of
Governance. However, the BOG also created the Sections Policy Workgroup to review sections.
As part of the Sections Workgroup, the proposed amendments to Article XI were reviewed on
August 12, 2016, and approved by the Section Policy Workgroup by a large majority of that
Workgroup. The proposed amendments related to Article XI will be addressed separate from the
rest of the Bylaws Workgroup presentation.
However, the Section leaders are concerned about having sufficient time for feedback from
section members and amendment (if needed) prior to the September meeting. The proposal for
Article XI was forwarded to the BOG with the understanding that if the section responses and
W orking Togethe r to Ch amp io n Justice
Page 8
392
potential amendments were voluminous or required more discussion and debate, that the Section
Workgroup may ask the BOG to delay final action on this Article for a later time and the BOG
will need to consider whether delay is appropriate.
The majority of the proposed changes relate to setting some minimum guidelines for section
governance and to help standardize elections procedure, accounting year, etc. for the sections.
The other major issue related to Section Policy governance was the review of the fiscal policies
for the Bar which came tluough Budget and Audit in June/July 2016 and was already approved
by the BOG. The remaining Section Policy Review, relating to reserves and CLE components
have no current Bylaws impact, as they are tabled for fmiher work once the current Section
Workgroup completes its review.
Article XIV
Article XIV of the Bylaws relates to the Bar indemnifying its volunteers in relationship to the
activities carried on by the Bar. Although the Task Force and the BOG Governance Report
made no direct rec01mnendations with regard to this provision, the issue of indemnification was
discussed extensively in the last two years in regards to a number of issues in governance,
including the Supreme Court created boards administered by the Bar and with regard to the
scope of authority for various Bar entities. As a result, the Workgroup decided to propose the
attached amended bylaw on indemnification.
Conforming Language in Other Articles
Other Articles were not specifically reviewed by the Bylaws workgroup, but were reviewed for
conformity of language and drafting style. These changes are not intended to be substantive in
any way, but are necessary to bring the language in the Articles in line with the rest of the
Bylaws.

Page 9
393
CLEAN COPY (8.15.2016)
L FUNCTIONS
In general, the Washington State Bar (Bar) strives to:
1. Promote independence of the judiciary and the legal profession;
3. Provide services to its members and the public;
4. Foster and maintain high standards of competence, professionalism, and ethics

among its members;
5. Foster collegiality among its members and goodwill between the legal
profession and the public;
6. Promote diversity and equality in the courts and the legal profession;
7. Administer admissions, regulation, and discipline oflawyers, Limited License

Legal Technicians (LLLTs), and Limited Practice Officers (LPOs) in a
manner that protects the public and respects the rights of the applicant or
member;
9. Promote understanding of and respect for our legal system and the law;
10. Operate a well-managed and financially sound organization, with a positive

work enviromnent for its employees;
11. Serve as a statewide voice to the public and to the branches of govermnent on
matters relating to these purposes and the activities of the organization and the
legal profession.
In pursuit of these purposes, the Bar may:
1. Sponsor and maintain committees and sections whose activities further these
purposes;
2. Support the judiciary in maintaining the integrity and fi scal stability of an

independent and effective judicial system;
3. Provide periodic reviews and recommendations concerning court rules and

procedures;
394
4. Administer examinations and review applicants' character and fitness to

practice law;
5. Inform and advise its members regarding their ethical obligations;
6. Administer an effective system of discipline oflawyers, LLLTs, and LPOs,

including receiving and investigating complaints, taking and recommending
appropriate punitive and remedial measures, and diverting less serious
misconduct to alternatives outside the formal discipline system;
7. Maintain a program, pursuant to court rule, requiring members to submit fee

disputes to arbitration;
8. Maintain a program for mediation of disputes between members and others;
9. Maintain a program for legal professional practice assistance;
10. Sponsor, conduct, and assist in producing programs and products of

11. Maintain a system for accrediting programs of continuing legal education;
12. Conduct examinations oflawyer, LLLT, and LPO trust accounts;
13. Maintain a client protection fund in accordance with the Admission and
Practice Rules;
14. Maintain a program for the aid and rehabilitation of impaired members;
15. Disseminate infonnation about the organization' s activities, interests, and

positions;
16. Monitor, report on, and advise public officials about matters of interest to the
organization and the legal profession;
17. Maintain a legislative presence to inform members of new and proposed laws
and to infonn public officials about the organization's positions and concerns;
18. Encourage public service by members and support programs providing legal
services to those in need;
19. Maintain and foster programs of public infonnation and education about the
law and the legal system;
20. Provide, sponsor, and participate in services to its members;
21. Hire and retain employees to facilitate and support its mission, purposes, and
activities, including in the organization' s discretion, authorizing collective
bargaining;
395
CLEAN COPY (8.15.2016}
22. Establish the amount of all license, application, investigation, and other
related fees, as well as charges for services provided by the Bar, and collect,
allocate, invest, and disburse funds so that its mission, purposes, and activities
may be effectively and efficiently discharged. The amount of any license fee
is subject to review by the Supreme Court for reasonableness and may be
modified by order of the Court if the Court determines that it is not
reasonable;
23. Administer Supreme Court-created boards in accordance with General Rule

12.3.
The Bar will not:
1. Take positions on issues concerning the politics or social positions of foreign

nations;
2. Take positions on political or social issues which do not relate to or affect the
practice of law or the administration of justice; or
3. Support or oppose, in an election, candidates for public office.
396
REDLINE (8.15.2016)
I FUNCTIONS
In general, the Washington State Bar Association (Bar) strives to:
1. Promote independence of the judiciary and the -OOFlegal profession;
3. Provide services to its members and the public;
4. Foster and maintain high standards of competence, professionalism, and ethics

among its members;
5. Foster collegiality among its members and goodwill between the baf-legal
profession and the public;
6. Promote diversity and equality in the coUI1s,- and the legal profession, and the
-OOF;
7. Administer admissions to the bar, regulation, and discipline of its

memberslawyers, Limited License Legal Technicians CLLLTs), and Limited
Practice Officers (LPOs) in a manner that protects the public and respects the
rights of the applicant or member;
9. Promote understanding of and respect for our legal system and the law;
10. Operate a well-managed and financially sound associationorganizatioQ, with a

positive work environment for its employees;
11. Serve as a statewide voice to the public and !Q__the branches of government on
matters relating to these purposes and the activities of
the associationorganization and the legal profession.
In pursuit of these purposes, the \\'ashington State Bar Association may:
1. Sponsor and maintain committees and sections whose activities further these
purposes;
2. Suppo11 the judiciary in maintaining the integrity and fiscal stability of an

independent and effective judicial system;
3. Provide periodic reviews and recommendations concerning com1 rules and
397
REDLINE (8.15.2016)
procedwes;
4. Administer examinations and review applicants ' character and fitness to

practice law;
5. Infonn and advise lawyers its members regarding their ethical obligations;
6. Administer an effective system of discipline of its memberslawyers, LLLTs,

and LPOs, including receiving and investigating complaints of la.vyer
misconduct, taking and recommending appropriate punitive and remedial
measures, and dive1ting less serious misconduct to alternatives outside the
fo1mal discipline system;
7. Maintain a program, pursuant to court rnle, requiring members to submit fee

disputes to arbitration;
8. Maintain a program for mediation of disputes between members and tflei.f

clients and others;
9. Maintain a program for lawyer legal professional practice assistance;
10. Sponsor, conduct, and assist in producing programs and products of

11. Maintain a system for accrediting programs of continuing legal education;
12. Conduct iffid.its-exarninations of lawyers' lawyer, LLLT, and LPO trnst

accounts;
13. Maintain a lawyers ' fund for client protection fund in accordance with the
Admission and Practice Rules;
14. Maintain a program for the aid and rehabilitation of impaired members;
15. Disseminate info1mation about bar-the organization's activities, interests, and

positions;
16. Monitor, rep01t on, and advise public officials about matters of interest to
the Bai:organization and the legal profession;
17. Maintain a legislative presence to inform members of new and proposed laws
and to info1m public officials about bar-the organization's positions and
concerns;
18. Encourage public service by members and suppo1t programs providing legal
services to those in need;
19. Maintain and foster programs of public information and education about the
law and the legal system;
398
REDLINE (8.15.2016)
20. Provide, sponsor, and paiticipate in services to its members;
2 1. Hire and retain employees to facilitate and support its mission, purposes, and
activities, including in the ba-F-s-organization's discretion, authorizing
collective bargaining;
22. Establish the amount of all license, application, investigation, and other
related fees, as well as charges for services provided by the Bar,
and Collectcollect, allocate, invest, and disburse funds so that its mission,
purposes, and activities may be effectively and efficiently discharged. The
amount of any license fee is subject to review by the Supreme Comt for
reasonableness and may be modified by order of the Court if the Court
detem1ines that it is not reasonable;
23. Administer Supreme Comt-created boards in accordance with General Rule

12.3.
The Washington State Bar Association will not:
1. Take positions on issues concerning the politics or social positions of foreign

nations;
2. Take positions on political or social issues which do not relate to or affect the
practice of law or the administration of justice; or
3. Support or oppose, in an election, candidates for public office.
399
IL DEFINITIONS AND GENERAL PROVISIONS
A. HEADQUARTERS.
The office of the Bar will be maintained in the State of Washington.
B. SEAL.
The Bar will have a Seal having the words and figures of "The Washington State
Bar Association- June 7, 1933." The Seal will remain in the control of the
Executive Director at the office of the Bar.
C. FILING PAPERS WITH THE BAR.
Whenever these Bylaws require that petitions, notices, or other documents be

filed with the Bar, or served upon the Board of Governors (BOG) or the
Executive Director, they must be filed at the office of the Bar.
D. COMPUTATION OF TIME.
If any date specified in these Bylaws is a Saturday, Sunday, or legal holiday

observed by the Bar, it refers to the next regular business day. Legal holidays
observed by the Bar may differ from the legal holidays statutorily designated by
the state Legislature.
E. DEFINITIONS AND USE OF TERMS.
Unless otherwise specifically stated herein,
1. "Days" means calendar days.
2. "Quorum" means the presence of a majority of the voting membership (i.e.,

half the voting members plus one).
3. "Excused absence" means an absence excused by the President or presiding

officer.
4. "Writing" includes email and fax.
5. "Electronic means" includes email, fax, video conferencing, and telephone;

however, in the context of meetings, "electronic means" is limited to video
conferencing and telephone.
6. "Bar records" and/or "Bar documents" means documents or records

maintained by the Bar, whether in printed or electronic form.
7. When used in connection with a particular act or event, the terms "active
membership" or "active members" refers to the Active membership at the
400
time of the act or event.
8. "APR" refers to the Admission and Practice Rules.
9. "ELC" refers to the Rules for Enforcement of Lawyer Conduct.
10. "Member" means an individual in any of the groups of licensed legal

professionals specified in Article III(A) of these Bylaws, unless otherwise
specified.
11. "May" means "has discretion to," "has a right to,'' or "is permitted to."
12. "Must" means "is required to."
401
REDLINE (8.15.2016)
II. DEFINITIONS AND GENERAL PROVISIONS
A. HEADQUARTERS.
The office of the Bar shall-will be maintained in the State of Washington.
B. SEAL.
The Bar5hatl-will have a Seal having the words and figures of"The Washington
State Bar Association-June 7, 1933." The Seal 5hatl-will remain in the control
of the Executive Director at the office of the Bar.
C. FILING PAPERS WITH THE BAR.
Whenever these Bylaws require that petitions, notices, or other documents be

filed with the Bar, or served upon the Board of Governors (BOG) or the
Executive Director, they must be filed at the office of the Bar.
D. COMPUTATION OF TIME.
If any date specified in these Bylaws is a Saturday, Sunday, or legal holiday

observed by the Bar, it 5hatl-refer to the next regular business day. Legal
holidays observed by the Bar may differ from the legal holidays statutorily
designated by the state Legislature.
E. DEFINITIONS AND USE OF TERMS.
Unless otherwise specifically stated herein,
1. "Days" means calendar days.
2. "Quornm" means the presence of a majority of the voting membership (i.e.,

half the voting members plus one).
3. "Excused absence" means an absence excused by the President or presiding

officer.
4. "Writing" includes e-mail and fax.
5. "Electronic means" includes e-mail, fax, video conferencing, and telephone;

however, in the context of meetings, "electronic means" is limited to video
conferencing and telephone.
6. "Bar records" and/or " Bar documents" means documents or records

maintained by the Bar, whether in printed or electronic fo1m.
7. When used in connection with a particular act or event, the terms "active
membership" or "active members" 5hatl-refer to the Active membership at
402
REDLINE (8.15.2016)
the time of the act or event.
8. " APR" refers to the Admission and Practice Rules.
9. "ELC" refers to the Rules for Enforcement of Lawyer Conduct.
10. "Member" means an individual in any of the groups of licensed legal

professionals specified in Article Ill(A) of these Bylaws, unless otherwise
specified.
11. "May" means "has discretion to," "has a right to," or "is permitted to."
12. "Must" means "is required to."
~ PARLIAMENTARY PROCEDURE.
1. Proceedings at meetings of the Board of Governors shall be governed by the

most cun-ent edition of Roberts' Rules of Order.
2. The President may appoint a Parliamenta1ian to advise him or her on

parliamentary matters during any meeting of the Board of Governors.
403
V. APPROPRIATIONS AND EXPENSES
A. APPROPRIATIONS.
Appropriations of Bar funds and autho1ization for payment of expenses will be made by
the BOG through the adoption of an annual budget or by special appropriation as
required.
I. The President appoints a BOG Budget and Audit Committee, which consists
a. At least one Governor from each class, not to exceed seven Governors,
one of whom must be the Treasurer;
b. The President; and
c. The President-elect.
The Executive Director and Chief Operations Officer serves as ex officio,

non-voting members, and the Treasurer serves as Chair of the Committee.
Up to two additional voting members who are not Governors or officers
may be appointed by the President subject to the approval of the BOG.
2. The Treasurer, together with the Budget and Audit Committee, will present a
proposed Annual Budget to the BOG for approval prior to each fiscal year.
3. Decisions regarding non-budgeted appropriations must be made in accordance

with the BOG-approved fiscal policies and procedures.
B. EXPENSES; LIMITED LIABILITY.
1. Requests for payment must be in such form and supported by such

documentation as the BOG prescribes.
2. The financial obligation of the Bar to any Bar entity is be limited to the
amount budgeted and ceases upon payment of that amount unless the BOG
authorizes otherwise.
3. Any liability incutTed by any Bar entity, or by its members, in excess of the
funds budgeted, will be the personal liability of the person or persons
responsible for incurring or authorizing the liability.
4. Any liability incurred by any Bar entity, or by its members, not in accordance
with the policies of the BOG or in conflict with any part of these Bylaws, will
be the personal liability of the person or persons responsible for incurring or
authorizing the liability.
404
REDLINE (8.15.2016)
V. APPROPRIATIONS AND EXPENSES
A. APPROPRIATIONS.
Appropriations of WSBA Bar funds and authorization for payment of expenses shall-will
be made by the BOG through the adoption of an annual budget or by special
appropriation as required.
1. The President sftal.l-.appoint.. a BOG Budget and Audit Committee, which 5hall
consist.. of the following voting members:
a. At least one Governor from each class, not to exceed seven Governors,
one of whom sftal.l-.must be the Treasurer;
b. The President; and
c. The President-Eteetelect.
The WSBA Executive Director and Deputy Director for FiRance and
AdministrationChief Operations Officer sftal.l-.serve.. as ex officio, non-
voting members, and the Treasurer serves as Chair of the Committee4all
be the Treasurer. Up to two additional non Board of Governor voting
members who are not Governors or officers may be appointed by the
President subject to the approval of the Board of GovemorsBOG.
2. The Treasurer, together with the Budget and Audit Committee, sftal.l-.will
present a proposed Annual Budget to the BOG for approval p1ior to each
fiscal year.
3 . Decisions regarding non-budgeted appropriations sftal.l-.must be made in

accordance with the BOG-approved fiscal policies and procedures.
B. EXPENSES; -LIMITED LIABILITY.
1. Requests for payment sftal.l-.must be in such form and supported by such

documentation as the BOG shall from time to time prescribe...
2. The financial obligation of the Bar to any committee, board, section, or other
WSBA Bar entity sftal.l-.~be limited to the amount budgeted and shall-cease..
upon payment of that amount unless the BOG authorizes otherwise.
3. Any liability incun-ed by any conunittee, board, sectioR, or other \VSBA Bar
entity, or by its members thereof, in excess of the funds budgeted, shall-will
be the personal liability of the person or persons responsible for incurring or
authorizing the sameliability.
4. Any liability incun-ed by any committee, board, section, or other \l/SBABar
405
REDLINE (8.15.2016)
entity, or by its members thereof, not in accordance with the policies of the
BOG or in conflict with any part of these Bylaws, shall-will be the personal
liability of the person or persons responsible for incuning or authorizing the
sameliability.
406
CLEAN COPY (8.15.2016): VERSION 1
VI ELECTIONS
A. ELIGIBILITY FOR MEMBERSHIP ON BOARD OF GOVERNORS.
1. Governors from Congressional Districts: Any Active member of the Bar,

except a person who has previously served as a Governor for more than 18
months, may be nominated or apply for election as Governor from the
Congressional District, or geographic regions within the Seventh
Congressional District, in which such person resides.
2. At Large Governors: There will be a total of six At Large Governor positions.
a. Two Lawyer At Large Positions: Any Active lawyer member of the

Bar, except a person who has previously served as a Governor for
more than 18 months, may be nominated or apply for election as an At
Large Governor, except as provided in this Article.
b. One Young Lawyer Position: Any Active lawyer member of the Bar
who qualifies as a Young Lawyer, except a person who has previously
served as a Governor for more than 18 months, may be nominated or
apply for election as an At Large Governor, except as provided in this
Article.
c. One Limited License Legal Technician (LLLT) or Limited Practice

Officer (LPO) Position: Any Active LLLT or LPO member licensed
in Washington State, except a person who has previously served as a
Governor for more than 18 months, may be nominated or apply for
election as an At Large Governor, except as provided in this Article.
d. Two Community Representatives: Any resident of Washington State,

except a person who has previously served as a Governor for more
than 18 months or who is licensed or has previously been licensed to
practice law in any state, may be nominated or apply for election as an
At Large Governor, except as provided in this Article.
3. Filing of nominations and applications must be in accordance with this

Article.
B. NOMINATIONS AND APPLICATIONS.
1. Applications for Governors elected from Congressional Districts must be filed

in the office of the Bar not later than 5:00 p.m., on the 15th day of February of
the year in which the election is to be held.
2. Applications and nominations for At Large Governor positions must be filed

in the office of the Bar not later than 5 :00 p.m. on the 20th day of April of the
year in which the election or nomination is to be held.
407
3. Applications for the position of President-elect must be filed by the deadline

set forth in the notice published in the Bar's official publication and posted on
the Bar's website; notice must be given not less than 30 days before the filing
deadline.
4. In the event no application is made for a Congressional District seat, the

position will be treated, advertised, and filled as an at-large position for that
election cycle only.
C. ELECTION OF GOVERNORS.
1. Election of one Governor from each Congressional District and for the at-
large positions will be held every three years as follows:
a. Third, Sixth, Eighth Congressional Districts and the North region of

the Seventh Congressional District and two At Large Governors (one
lawyer and one community representative) - 2014 and every three
years thereafter.
b. First, Fourth, Fifth Congressional Districts and the South region of the
Seventh Congressional District and two At Large Governors (one
from nominations made by the Young Lawyers Committee and one
LLLT/LPO)- 2015 and every three years thereafter.
c. Second, Ninth and Tenth Congressional Districts and two At Large

Governors (one lawyer and one community representative)- 2013 and
every three years thereafter.
2. Election of Governors from Congressional Districts.
a. Eligibility to Vote. All Active members, as of March 1st of each year,

are eligible to vote in the BOG election for their district, subject to the
election schedule shown above. Active members residing in the State
of Washington may only vote in the district in which they reside.
Active members residing outside the State of Washington may only
vote in the district of the address of the agent they have designated
within the State of Washington for the purpose ofreceiving service of
process as required by APR 13, or, if specifically designated to the
Executive Director, within the district of their primary Washington
practice.
b. Ballots. On March 15th of each election year, the Executive Director

will deliver ballots containing the names of all candidates for
Governor for each District in which an election is to be held to each
Active member eligible to vote in that District. Elections will be
conducted via a secure website ("electronic voting"). Active members
who are eligible to vote in an election may request a paper ballot to be
used in place of the electronic ballot. Electronic ballots will be sent to
408
active members eligible to vote in an election, and will include

infonnation about how to vote by electronic voting. Should any
Active member eligible to vote fail to receive a ballot, or receive a
defective ballot, the member may obtain a replacement ballot by
furnishing proof of eligibility to the Executive Director, and upon
returning the defective ballot if the member received a paper ballot.
c. Voting Procedure. Each member eligible to vote in the election may

vote in one of the following ways. Each member has only one vote.
Only one vote will be counted from any member who inadvertently
votes both by paper ballot and by electronic means:
1) By paper ballot. The member must, after marking a ballot,

place the ballot in the envelope marked "Ballot," place that
envelope in the envelope directed to the Bar, print or type the
member's name, sign the outside of the envelope, and cause the
envelope containing the ballot to be delivered to the office of
the Bar by no later than 5 :00 p.m. (PDT) on April 1st of that
election year. Alteration of or addition to the ballot, other than
the marking of the member's choice, invalidates the ballot.
2) By electronic voting. Voters will be sent links to their ballots

via email. Voting must be completed by no later than 5:00
p.m. (PDT) on April 1st of that election year.
d. Voting System. In any election for membership on the BOG, ifthere is

only one qualified candidate nominated, then that candidate will be
declared elected. If there are only two candidates for a position, then
the candidate receiving the highest number of votes will be declared
elected. If there are more than two candidates, and if no candidate
receives more than 50% of the total vote, the two candidates receiving
the highest number of votes will participate in a run-off election. In the
event of a tie for the second highest vote total, all candidates who are
tied will participate in the run-off election along with the candidate
who received the most votes.
If a run-off election is necessary, the Executive Director in

consultation with the President will designate the date for delivering
the ballots and the deadline for voting, which will be 5:00 p.m. (PDT),
10 days after the date the ballots are delivered. The candidate
receiving the highest number of votes will be declared elected.
e. Checldng and Custody ofBallots. The Executive Director will deposit

all satisfactorily identified and signed paper ballot envelopes in
receptacles segregated as to Districts. The receptacles will remain in
the custody of the Executive Director until the ballots are counted.
Any paper ballots not enclosed in an envelope, satisfactorily identified
409
and signed, will not be counted.
Electronic votes must be verified and securely stored by the online

voting vendor.
f. Counting ofBallots. Paper ballots will be counted in the office of the

Bar, and electronic ballots, if any, will be counted by the online voting
vendor and certified. The election process will be supervised by an
Election Board of not less than three Active members appointed by the
President. At least two members of the Election Board must be present
at any count of paper ballots. Any Active member of the Bar may be
present at such count of paper ballots.
The Executive Director will establish and follow a procedure that will
ensure that no member's vote is counted more than once.
Promptly upon determination of the election results, the Election

Board will forward the results to the Executive Director, who will
notify each candidate as promptly as reasonably possible of the result
of the election and publicly announce the election of the successful
candidates. Official written notice of the election results also will be
emailed to each candidate.
g. Retaining Ballots. All paper ballots and identifying return envelopes

must be retained in the custody of the Executive Director. The
elections vendor must retain the electronic voting data, and maintain
an auditable trail of the election, for no less than 90 days after the
close of the election.
If no challenge to the ballot count has been made after 90 days, the
ballots and identifying return envelopes may be destroyed, and the
Executive Director will notify the vendor to destroy the data and
auditable trail for that election.
3. Election of At Large Governors.
At large Governors are elected by the BOG as set forth below.
D. ELECTIONS BY BOARD OF GOVERNORS.
1. At Large Governors.
The BOG will elect four additional Governors from the Active membership and
two additional Governors from the public. The election of At Large Governors
will take place during a BOG meeting not later than the 38th week of each fiscal
year and will be by secret written ballot.
a. The BOG will elect two At Large Governors who are persons who, in the
410
BOG's sole discretion, have the experience and knowledge of the needs of
those lawyers whose membership is or may be historically under-
represented in governance, or who represent some of the diverse elements
of the public of the State of Washington, to the end that the BOG will be a
more diverse and representative body than the results of the election of
Governors based solely on Congressional Districts may allow. Under-
representation and diversity may be based upon the discretionary
detennination of the BOG at the time of the election of any At Large
Governor to include, but not be limited to age, race, gender, sexual
orientation, disability, geography, areas and types of practice, and years of
membership, provided that no single factor will be determinative.
b. The BOG will elect one At Large Governor from nominations made by the
Young Lawyers Committee. The Young Lawyers Committee will
nominate two or more candidates who will be Young Lawyers as defined
in Article XII of these Bylaws at the time of the election.
c. The BOG will elect one At Large Governor who is a LLLT or LPO from
nominations made by the Nominations Committee.
d. The BOG will elect two At Large Governors who are members of the
general public from nominations made by the Nominations Committee.
2. Office of President-Elect.
The BOG will elect an Active member of the Bar to serve as President-elect. The
election shall take place during a BOG meeting not later than the 38th week of
each fiscal year, and will be by secret written ballot. The President-elect will take
office upon the incumbent President-elect becoming President or upon vacancy of
the office of President-elect.
Beginning with the election of the President-elect who will begin to serve as
President in the year 2011 and every four years thereafter, the President-elect
must be an individual whose primary place of business is located in Eastern
Washington. For purposes of these Bylaws, "Eastern Washington" is defined as
that area east of the Cascade mountain range generally known as Eastern
Washington. During the remaining three years, the President-elect may be an
individual from anywhere within the state, including Eastern Washington. In any
year, should no qualifying application be received for the position of President-
elect within the timeframe allowed, the President will advise the BOG, and the
BOG, at any regular meeting or special meeting called for that purpose, will
establish procedures to re-open and extend the application period or otherwise
address the issue. Such action by the BOG may include waiver of any geographic
limitation for the year in question.
411
3. Treasurer.
The Treasurer must be a current Governor and will be nominated and elected by
the BOG at the second to the last regularly scheduled BOG meeting of the fiscal
year. The Treasurer will be elected by simple majority of Governors voting. In
the event there is more than one nomination, the vote will be by secret written
ballot.
4. Election Procedures.
Elections of At Large Governors, President and President-elect elections, and any

other elections held by the BOG under these Bylaws, except elections for the
position of Treasurer, are conducted as follows:
a. Notice of the position will be advertised in the Bar's official

publication and on the Bar's website no less than 30 days before the
filing deadline and must include the closing date and time for filing
candidate applications.
b. Following expiration of the closing date and time identified, all

candidate names will be posted publicly.
c. The BOG may appoint a committee to recommend candidates to the

BOG from all who have submitted their applications for a position in a
timely manner.
d. All recommended candidates, or others as determined at the discretion

of the BOG, will be interviewed in public session of the BOG's
meeting. Candidates who are competing for the same position must
not be present for each other's interviews.
e. Discussion of the candidates will be in public session but candidates

will be asked by the President not to be present.
f. Election of candidates will be conducted by secret written ballot.
g. If no candidate for a given position receives a majority of the votes

cast, the two candidates receiving the highest number of votes will be
voted on in a run-off election. In the event of a tie for the second
highest vote total, all candidates who are tied will participate in the
run-off election along with the candidate who received the most votes.
The candidate with the most votes in the run-off will be deemed the
wmner.
h. Ballots will be tallied by three persons designated by the President,

one of whom will be the Executive Director.
i. Proxy votes are not allowed; however, a Governor who participated in
412
the interview and discussion process by electronic means may cast a

vote telephonically via a confidential phone call with the Executive
Director and the other persons designated by the President to count the
ballots.
J. The elected candidate will be announced publicly fo llowing the vote.

However, the vote count will not be announced and all ballots will be
immediately sealed to both the BOG and the public and remain in the
custody of the Executive Director for 90 days, when they will be
destroyed.
E. NEW GOVERNOR ORIENTATION.
Any newly elected Governor will undergo an orientation period commencing from the
time of his or her election until being sworn in by the Supreme Court. This orientation
must include attendance and participation in a New Governor Orientation to be held at a
time and place specified by the Executive Director. In addition, the Governors-elect are
expected to attend other meetings and/or activities as invited by or directed by the BOG.
Governors-elect must also attend public meetings of the BOG as non-voting Governors.
This attendance does not include executive sessions, unless authorized by the BOG.
F. MEMBER RECALL OF GOVERNORS.
Any Governor may be removed from office by member recall. A recall vote is initiated
by an Active member filing a petition for recall with the Executive Director. A petition
for recall must identify the Governor, the Governor's congressional disttict or at-large
status, and the Governor's term of office; set forth the basis for the recall; and contain the
names and signatures of the Active members supporting the petition.
1. For congressional district Governors, the petition must be signed by 25

percent of the Active members of the Governor's congressional district at the
time of filing. Only members of the Governor's district who are on Active
status at the time of the vote are eligible to vote.
2. For the Young Lawyers At Large Governor, the petition must be signed by 25
percent of the Young Lawyers as defined in Article XII of these Bylaws at the
time of filing. Only Young Lawyers who are on Active status at the time of
the vote are eligible to vote. For all other At Large Governors, the petition
must be signed by 25 percent of the Active members of the Bar at the time of
filing, and only members on Active status at the time of the vote are eligible to
vote.
3. The voting procedures set forth in the "Election of Governors from

Congressional Districts" will be used as a procedural guideline for conducting
a recall vote, and a majority vote is sufficient to pass a recall petition.
413
REDLINE COPY (8.15.2016): VERSION 1
VI. ELECTIONS
1. Governors from Congressional Districts: Any Active member of the Bar,

except a member person who has previously elected to the Board of
Governors \Vho has served as a member of the BoardGovemor for more than
18 months, may be nominated or apply for election to the office ofas
Governor from the Congressional District, or geographic regions within the
Seventh Congressional District, in which such member person resides.
2. At Large Governors: There will be a total of six At Large Governor positions.

Bar, except a member person who has previously elected to the Board
of Governors v1ho has served as a member of the BoardGovernor for
more than 18 months, may be nominated or apply for election te-the
office ofas an At-_Large Governor, except as provided in
this 8ectionArticle.
se1ved as a Governor for more than 18 months, may be nominated or
Atticle.

Governor for more than 18 months, may be nominated or apply for
election as an At Large Governor, except as provided in this Article.
d. Two Community Representatives: Any resident of Washington State,

except a person who has previously se1ved as a Governor for more
than 18 months or who is licensed or has previously been licensed to
practice law in any state, may be nominated or apply for election as an
At Large Governor, except as provided in this Article.
3. Filing of nominations and applications ffiall-must be in accordance with this

Article.
414
B. NOMINATIONS AND APPLICATIONS .
1. Applications for Governors elected from Congressional Districts -shall-must be

filed in the office of the Bar not later than 5:00 p.m., on the 15th day of
Febrnary of the year in which the election is to be held.
2. Applications er-and nominations for at largeAt Large Governor

positions shall-must be filed in the office of the Bar not later than 5:00 p.m. on
the 20th day of April of the year in which the election or nomination is to be
held.
3. Applications for the position of President-elect shall-must be filed by the

deadline set fo11h in the notice published in the Bar' s official publication and
posted on the WSBA Bar's website; notice shall-must be given not less than
30 days before the filing deadline.

position shall-will be treated, advertised, and filled as an at-large position for
that election cycle only.
C. ELECTION OF GOVERNORS.
1. Election of one Governor from each Congressional District and for the at-
large positions shall-will be held every three years as follows:
a. Third, Sixth, Eighth Congressional Dist1icts and the North region of

the Seventh Congressional District and eae-two at large memberAt
Large Governors (one lawyer and one community representative) -
2014 and every three years thereafter.
b. First, Fomth, Fifth Congressional Districts and the South region of the
Seventh Congressional District and eae-two at large member At Large
Governors (one from nominations made by the Young Lawyers
Committee and one LLLT/LPO) - 2015 and every three years
thereafter.
c. Second, Ninth and Tenth Congressional Districts and eae-two at large

memberAt Large Governors (one lawyer and one community
representative) - 2013 and every three years thereafter.
a. Eligibility to Vote. All Active members, as of March 1st of each

year, shall beare eligible to vote in the Board of Govemors ' BOG
election for their district, subject to the e lection schedule shown above.
Active members residing in the State of W ashington shall-may
Q!!ly_vote in the district in which they reside. Active members residing
outside the State of Washington shall-may only vote in the district of
415
the address of the agent they have designated within the State of
Washington for the purpose of receiving service of process as required
by APR ~.Ll., or, if specifically designated to the Executive Director,
within the district of their primary Washington practice.
b. Ballots. On March 15th of each election year, the Executive

Director shall-will deliver ballots containing the names of all
candidates for the office of Governor for each District in which an
election is to be held to each aeti-ve-Active member eligible to vote
in said-that District. Elections will be conducted via a secure website
("electronic voting"). Active members who are eligible to vote in an
election may request a paper ballot to be used in place of the electronic
ballot. Electronic ballots shall-will be sent to active members eligible
to vote in an election, and shall-will include info1mation about how to
vote by electronic voting. Should any active Active member eligible
to vote fail to receive a ballot, or receive a defective ballot, the
member may obtain a replacement ballot by furnishing proof of
eligibility to the Executive Director proof of such member's eligibility
to receive the same, and upon returning the defective ballot, if the
member received a paper ballot.

Only one vote shall-will be counted from any member who
inadvertently votes both by paper ballot and by electronic means:
1) By paper ballot. The member sJ:ra.l.lmust, after marking a

ballot, place the ~ballot in the envelope marked "Ballot,"
place that envelope in the envelope directed to the Bar, p1int or
type sueh-the member's name, aru:i-sign the outside of the
envelope, and cause the ~envelope containing the ballot to
be delivered to the office of the Bar by no later than 5:00 p.m.
(PDT) on April 1st -of that election year. Alteration of or
addition to the ballot, other than the marking of the member's
choice, shall-invalidate. the ballot.

d. Voting System. In any election for membership on the Board of

GovemorsBOG, if there is only one qualified candidate nominated,
then that candidate shall-will be declared elected. If there are only two
candidates for a position, then the candidate receiving the highest
number of votes shall-will be declared elected. If there are more than
two candidates, and if no candidate receives more than 50% of the
total vote, the two candidates receiving the highest number of votes
416
will participate in a run-off election. In the event of a tie for the second

consultation with the President ffial.l-will designate the date for
delivering the ballots and the deadline for voting, which shall-will be
5:00 p.m. (PDT), 10 days after the date the ballots are delivered. The
candidate receiving the highest number of votes shall-will be declared
elected.
e. Checking and Custody of Ballots. The Executive

Director shall-will deposit all satisfactorily identified and signed paper
ballot envelopes in receptacles segregated as to Districts. The
receptacles shall-will remain in the custody of the Executive Director
until the ballots shall beare counted. Any paper ballots not enclosed in
an envelope, satisfactorily identified and signed, shall-will not be
counted.
Electronic votes 5hall-must be verified and securely stored by the

online voting vendor.
f. Counting of Ballots. Paper ballots shall-will be counted in the office of

the Bar, and electronic ballots, if any, shall-will be counted by the
online voting vendor and ce1tified. The election process will be
supervised by an Election Board of not less than three Active members
appointed by the President. No less thanAt least two members of the
Election Board shall-must be present at any count of paper ballots.
Any Active member of the Bar may be present at such count of paper
ballots.
The Executive Director shall-will establish and follow a procedure that

will ensure that no member's vote is counted more than once.
Promptly upon determination of the election results, the Election

Board 5hall-will forward the results to the Executive Director,
who shall-will notify each candidate as promptly as reasonably
possible of the result of the election and publicly announce the election
of the successful candidates. Official written notice of the election
results also 5hall-will be emailed to each candidate.
g. Retaining Ballots. All paper ballots and identifying return

envelopes shall-must be retained in the custody of the Executive
Director. The elections vendor shall-must retain the electronic voting
data, and maintain an auditable trail of the election, for no less than 90
days after the close of the election.
4
417

Executive Director shall-will notify the vendor to destroy the data and
3. Election of At-_Large Governors.
At-_large Governors are elected by the Board of GovemorsBOG as set fo11h

below.
D. ELECTIONS BY BOARD OF GOVERNORS.
1. At-_Large Governors.
The Board of GovemorsBOG shall-will elect four additional Governors from

the aetive-Active membership at large and two additional Governors from the
public. The election of at largeAt Large Governors shall-will take place during
a BOG meeting of the Board of Governors not later than the 38th week of each
fiscal year and shall-will be by secret written ballot.
a. +here-The BOG shall-will elect -9e-two at largeAt Large

Governor. positions to be filled withwho are persons who, in
the Board's BOG's sole discretion, have the experience and knowledge of
the needs of those lawyers whose membership is or may be historically
under-represented in governance, or who represent some of the diverse
elements of the public of the State of Washington, to the end that
the Board of GovemorsBOG will be a more diverse and representative
body than the results of the election of Governors based solely on
Congressional Districts may allow. Under-representation and diversity
may be based upon the discretionary dete1mination of the Board of
GovemorsBOG at the time of the election of any at largeAt Large
membership, provided that no single factor shfill-will be detenninative.
b. In addition, tihe Board of GovemorsBOG shall-will elect one at largeAt

Large Governor from nominations made by the Young Lawyers
Committee. Election shall be by a secret .vritten ballot. The Young
1
Lawyers Committee shall-will nominate two or more candidates who will

be young Young lawyers Lawyers as defined in section At1icle XII of
these bylaws Bylaws at the time of the election.
d. The BOG will elect two At Large Governors who are members of the
general public from nominations made by the Nominations Committee.
2. Office of President-Elect.
418
The Board ofGovernorsBOG shall-will elect an Active member of

the \Vashington State Bar AssociationBar to serve as President-elect. The
election shall take place during a BOG meeting of the Board of Governors not
later than the 38th week of each fiscal year, and shall-will be by secret written
ballot. The President-elect shall-will take office upon the incumbent President-
elect becoming President or upon vacancy of the office of President-elect.
President in the year 2011 and every four years thereafter, the President-
elect shall-must be an individual whose primary place of business is located in
Eastern Washington. For purposes of these bylawsBylaws, "Eastern Washington"
is defined as that area east of the Cascade mountain range generally known as
Eastern Washington. During the remaining three years, the President-elect may
be an individual from anywhere within the state, including Eastern Washington.
In any year, should no qualifying application be received for the position of
President-elect within the timeframe allowed, the President shall sowill advise
the Board of GovemorsBOG, and the BeaffiBOG, at any regular meeting or
special meeting called for that purpose, shall-will establish procedures to re-open
and extend the application period or otherwise address the issue. Such action by
the Board of GovemorsBOG may include waiver of any geographic limitation for
the year in question. This provision shall commence with the President elect
election of2012.
3. Treasurer. [Effective January 1, 2012]

The treasurer Treasurer shall-must be a
current governor Governor and shall-will be nominated and elected by the Beaffi
of GovernorsBOG at the second to the last regularly
scheduled Board BOG meeting of the fiscal year.
The treasurer Treasurer shall-will be elected by simple majority of Governors
voting. In the event there is more than one nomination, the vote shall-will be by
secret written ballot.
Elections of at largeAt Large Governors, President and President-elect elections,

and any other elections held by the Board of GovemorsBOG under
these bylawsBylaws, except elections for the position of Treasurer, are conducted
as follows:
a. Notice of the position shall-will be advertised in the Bar's official

publication and on the WSBA's Bar's website no less than 30 days
before the filing deadline and must include the closing date and time
for filing candidate applications.

419
REDLINE COPY (8.15.2016) : VERSION 1

timely manner.
d. All recommended candidates, or others as dete1mined at the discretion

of the BOG, will be interviewed in public session of the BOG 's
meeting. Candidates who are competing for the same
position shall-must not be present for each other's interviews.

f. Election of candidates shall-will be conducted by secret written ballot.

voted on in a rnn-off election. In the event of a tie for the second
winner.

i. Proxy votes are not allowed; however, a Governor who participated in

ballots.
J. The elected candidate will be announced publicly following the vote.

However, the vote count will not be announced and all ballots will be
immediately sealed to both the BOG and the public and remain in the
custody of the Executive Director for 90 days, when they will be
destroyed.
Any newly elected Governor will undergo an 01ientation period commencing from the
time of his or her election until being sworn in by the Supreme Cou11. This 01ientation
must include attendance and pa11icipation in a New Governor Orientation to be held at a
time and place specified by the Executive Director. In addition, the Governors-elect are
expected to attend other meetings and/or activities as invited by or directed by the BOG.
Governors-elect must also attend public meetings of the BOG as non-voting Governors.
This attendance does not include executive sessions, unless authorized by the BOG.
_F ._MEMBER RECALL OF GOVERNORS.
420
for recall shall-must identify the Governor, the Governor' s congressional district or at-
large status, and the Governor's tenn of office; set fo11h the basis for the recall; and
contain the names and signatures of the Active members suppo11ing the petition.
1. For congressional district Governors, the petition must -be signed

by tive-fuercent of the Active members of the Governor's congressional
district at the time of filing. Only members of the Governor's district who are
on Active status at the time of the vote are eligible to vote.
2. For the Young Lawyers at largeAt Large Governor, the petition must be
signed by t:We-Ii_percent of the young Young lawyers Lawyers as defined
in section Article XII of these bylaws Bylaws at the time of filing.
Only yooog Young lawyers Lawyers who are on Active status at the time of
the vote are eligible to vote. For all other at largeAt Large Governors, the
petition must be signed by five-Ii.percent of the Active members of
the W8BA Bar at the time of filing, and only members on Active status at the
time of the vote are eligible to vote.

Congressional Districts" shall-will be used as a procedural guideline for
conducting a recall vote, and a majority vote is sufficient to pass a recall
petition.
421
VL ELECTIONS
1. Elected Governors from Congressional Districts: Any Active member of the

Bar, except a person who has previously served as a Governor for more than
18 months, may be nominated or apply for election as Governor from the
Congressional District, or geographic regions within the Seventh
Congressional District, in which such person resides.
2. Elected At Large Governors: There will be a total of four At Large Governor

positions.

Bar, except a person who has previously served as a Governor for
more than 18 months, may be nominated or apply for election as an At
Large Governor, except as provided in this Article.
Article.

Governor for more than 18 months, may apply for nomination to be an
Appointed Governor, except as provided in this Article.
3. Appointed Governors : There will be a total of two Governors-( Community

Representatives) nominated by the BOG for appointment by the Supreme
Court. Any resident of Washington State, except a person who has previously
served as a Governor for more than 18 months or who is licensed or has
previously been licensed to practice law in any state, may apply for
nomination to be an Appointed Governor, except as provided in this Article.
Filing of nominations and applications must be in accordance with this Article.
1. Applications for Governors elected from Congressional Districts must be filed

in the office of the Bar not later than 5:00 p.m., on the 15th day of February of
the year in which the election is to be held.
2. Applications and nominations for At Large Governor and Appointed

Governor positions must be filed in the office of the Bar not later than 5:00
422
p.m. on the 20th day of April of the year in which the election or nomination
for appointment is to be held.
3. Applications for the position of President-elect must be filed by the deadline

set forth in the notice published in the Bar's official publication and posted on
the Bar's website; notice must be given not less than 30 days before the filing
deadline.

position will be treated, advertised, and filled as an at-large position for that
election cycle only.
C. ELECTION OR APPOINTMENT OF GOVERNORS.
1. Election of one Governor from each Congressional District and one Governor
At Large, and nomination of one Appointed Governor, will be held every
three years as fo llows:
a. Third, Sixth, Eighth Congressional Districts and the North region of

the Seventh Congressional District; one At Large Governor (one of the
two lawyer positions); and one Appointed Governor (one of the two
Community Representative positions)- 2014 and every three years
thereafter.
Seventh Congressional District and two At Large Governors (one from
nominations made by the Young Lawyers Committee and one
LLLT/LPO)- 2015 and every three years thereafter.
c. Second, Ninth and Tenth Congressional Districts; one At Large

Governor (the other of the two lawyer positions); and one Appointed
Governor (the other of the two Community Representative positions) -
a. Eligibility to Vote. All Active members, as of March 1st of each year,

are eligible to vote in the BOG election for their district, subject to the
election schedule shown above. Active members residing in the State
of Washington may only vote in the district in which they reside.
Active members residing outside the State of Washington may only
vote in the disttict of the address of the agent they have designated
within the State of Washington for the purpose ofreceiving service of
process as required by APR 13, or, if specifically designated to the
Executive Director, within the district of their primary Washington
practice.
b. Ballots. On March 15th of each election year, the Executive Director
423
will deliver ballots containing the names of all candidates for

Governor for each District in which an election is to be held to each
Active member eligible to vote in that District. Elections will be
conducted via a secure website ("electronic voting"). Active members
who are eligible to vote in an election may request a paper ballot to be
used in place of the electronic ballot. Electronic ballots will be sent to
active members eligible to vote in an election, and will include
infonnation about how to vote by electronic voting. Should any
Active member eligible to vote fail to receive a ballot, or receive a
defective ballot, the member may obtain a replacement ballot by
furnishing proof of eligibility to the Executive Director, and upon
returning the defective ballot if the member received a paper ballot.

Only one vote will be counted from any member who inadvertently
votes both by paper ballot and by electronic means:
1) By paper ballot. The member must, after marking a ballot,

place the ballot in the envelope marked "Ballot," place that
envelope in the envelope directed to the Bar, print or type the
member's name, sign the outside of the envelope, and cause the
envelope containing the ballot to be delivered to the office of
the Bar by no later than 5:00 p.m. (PDT) on April 1st of that
election year. Alteration of or addition to the ballot, other than
the marking of the member's choice, invalidates the ballot.

d. Voting System. In any election for membership on the BOG, if there is

only one qualified candidate nominated, then that candidate will be
declared elected. Ifthere are only two candidates for a position, then
the candidate receiving the highest number of votes will be declared
elected. If there are more than two candidates, and if no candidate
receives more than 50% of the total vote, the two candidates receiving
the highest number of votes will participate in a run-off election. In the
event of a tie for the second highest vote total, all candidates who are
tied will participate in the run-off election along with the candidate
who received the most votes.

consultation with the President will designate the date for delivering
the ballots and the deadline for voting, which will be 5:00 p.m. (PDT),
10 days after the date the ballots are delivered. The candidate
receiving the highest number of votes will be declared elected.
424
e. Checking and Custody ofBallots. The Executive Director will deposit

all satisfactorily identified and signed paper ballot envelopes in
receptacles segregated as to Districts. The receptacles will remain in
the custody of the Executive Director until the ballots are counted.
Any paper ballots not enclosed in an envelope, satisfactorily identified
and signed, will not be counted.
Electronic votes must be verified and securely stored by the online

voting vendor.
f. Counting of Ballots. Paper ballots will be counted in the office of the

Bar, and electronic ballots, if any, will be counted by the online voting
vendor and certified. The election process will be supervised by an
Election Board of not less than three Active members appointed by the
President. At least two members of the Election Board must be present
at any count of paper ballots. Any Active member of the Bar may be
present at such count of paper ballots.
The Executive Director will establish and follow a procedure that will
ensure that no member's vote is counted more than once.
Promptly upon detennination of the election results, the Election

Board will forward the results to the Executive Director, who will
notify each candidate as promptly as reasonably possible of the result
of the election and publicly announce the election of the successful
candidates. Official written notice of the election results also will be
emailed to each candidate.
g. Retaining Ballots. All paper ballots and identifying return envelopes

must be retained in the custody of the Executive Director. The
elections vendor must retain the electronic voting data, and maintain
an auditable trail of the election, for no less than 90 days after the
close of the election.
Executive Director will notify the vendor to destroy the data and
3. Election of At Large Governors.
At large Governors are elected by the BOG as set forth below.
4. Nomination of Appointed Governors.
Nominations for Appointed Governor will occur as set forth below.
425
D. ELECTION AND NOMINATIONS FOR APPOINTMENT BY BOARD OF

GOVERNORS.
1. At Large Governors.
The BOG will elect four additional Governors from the Active membership. The
election of At Large Governors will take place during a BOG meeting not later
than the 38th week of each fiscal year and will be by secret written ballot.
a. The BOG will elect two At Large Governors who are persons who, in the
BOG's sole discretion, have the experience and knowledge of the needs of
those lawyers whose membership is or may be historically under-
represented in governance, or who represent some of the diverse elements
of the public of the State of Washington, to the end that the BOG will be a
more diverse and representative body than the results of the election of
Governors based solely on Congressional Districts may allow. Under-
representation and diversity may be based upon the discretionary
dete1mination of the BOG at the time of the election of any At Large
membership, provided that no single factor will be determinative.
b. The BOG will elect one At Large Governor from nominations made by the
Young Lawyers Committee. The Young Lawyers Committee will
nominate two or more candidates who will be Young Lawyers as defined
in Ariicle XII of these Bylaws at the time of the election.
2. Appointed Governors.
After receiving input from the Nominations Cormnittee, in accordance with the
schedule set forth in this Article, the BOG will nominate for consideration and
appointment by the Supreme Court an Appointed Governor from the general
public who will serve as a Community Representative. Selection of the BOG's
nominee for Appointed Governor will take place during a BOG meeting not later
than the 38th week of each fiscal year and will be by secret written ballot. 3.
Office of President-Elect.
The BOG will elect an Active member of the Bar to serve as President-elect. The
election shall take place during a BOG meeting not later than the 38th week of
each fiscal year, and will be by secret written ballot. The President-elect will take
office upon the incumbent President-elect becoming President or upon vacancy of
the office of President-elect.
President in the year 2011 and every four years thereafter, the President-elect
426
must be an individual whose primary place of business is located in Eastern

Washington. For purposes of these Bylaws, "Eastern Washington" is defined as
that area east of the Cascade mountain range generally known as Eastern
Washington. During the remaining three years, the President-elect may be an
individual from anywhere within the state, including Eastern Washington. In any
year, should no qualifying application be received for the position of President-
elect within the timeframe allowed, the President will advise the BOG, and the
BOG, at any regular meeting or special meeting called for that purpose, will
establish procedures to re-open and extend the application period or otherwise
address the issue. Such action by the BOG may include waiver of any geographic
limitation for the year in question.
4. Treasurer.
The Treasurer must be a current Governor and will be nominated and elected by
the BOG at the second to the last regularly scheduled BOG meeting of the fiscal
year. The Treasurer will be elected by simple majority of Governors voting. In
the event there is more than one nomination, the vote will be by secret written
ballot.
Elections of At Large Governors, President and President-elect elections,

nominations for Appointed Governor, and any other elections held by the BOG
under these Bylaws, except elections for the position of Treasurer, are conducted
as follows:
a. Notice of the position will be advertised in the Bar's official

publication and on the Bar's website no less than 30 days before the
filing deadline and must include the closing date and time for filing
candidate applications.


timely manner.

meeting. Candidates who are competing for the same position must
not be present for each other's interviews.

f. Election of candidates or nomination for appoinhnent by the Supreme
427
Court will be conducted by secret written ballot.
g. If no candidate for a given position receives a maj01ity of the votes

wmner.

L Proxy votes are not allowed; however, a Governor who participated in

ballots.
J. The elected candidate or nominee for appointment will be announced

publicly following the vote. However, the vote count will not be
announced and all ballots will be immediately sealed to both the BOG
and the public and remain in the custody of the Executive Director for
90 days, when they will be destroyed.
Any newly elected or appointed Governor will undergo an orientation period

commencing from the time of his or her election or appointment until being sworn in by
the Supreme Court. This orientation must include attendance and participation in a New
Governor Orientation to be held at a time and place specified by the Executive Director.
In addition, the Governors-elect and Governors-pending appointment are expected to
attend other meetings and/or activities as invited by or directed by the BOG. Governors-
elect and Governors-pending appointment must also attend public meetings of the BOG
as non-voting Governors. This attendance does not include executive sessions, unless
authorized by the BOG.
F. MEMBER RECALL OF GOVERNORS.
for recall must identify the Governor, the Governor's congressional district, at-large or
appointed status, and the Governor's te1m of office; set forth the basis for the recall; and
contain the names and signatures of the Active members supporting the petition.
1. For congressional district Governors, the petition must be signed by 25

percent of the Active members of the Governor's congressional district at the
time of fi ling. Only members of the Governor's district who are on Active
428
status at the time of the vote are eligible to vote.
2. For the Young Lawyers At Large Governor, the petition must be signed by 25
percent of the Young Lawyers as defined in Article XII of these Bylaws at the
time of filing. Only Young Lawyers who are on Active status at the time of
the vote are eligible to vote.
3. For all other At Large Governors, the petition must be signed by 25 percent
of the Active members of the Bar at the time of filing, and only members on
Active status at the time of the vote are eligible to vote.
4. For the Appointed Governors who are Community Representatives, the

petition must be signed by twenty five percent of the Active members of the
Bar at the time of filing, and only members on Active status at the time of the
vote are eligible to vote.

Congressional Districts" will be used as a procedural guideline for conducting
a recall vote, and a majority vote is sufficient to pass a recall petition.
8
429
REDLINE (8.15.2016): VERSION 3
VI. ELECTIONS
1. Elected Governors from Congressional Dish1cts: Any Active member of the

Bar, except a member person who has previously elected to the Board of
Govemors who has served as a member of the BoardGovernor for more than
18 months, may be nominated or apply for election to the office ofas
Governor from the Congressional Disti1ct, or geographic regions within the
Seventh Congressional Distt1ct, in which such member person resides.
2. Elected At Large Governors: There will be a total of four At Large Governor

positions.

Bar, except a member person who has previously elected to the Board
of Govemors who has served as a member of the BoardGovemor for
more than 18 months, may be nominated or apply for election te-the
office ofas an At-_Large Governor, except as provided in
this SectionArticle.
A.tticle.

Governor for more than 18 months, may apply for nomination to be an
Appointed Governor, except as provided in this A.tticle.
3. Appointed Governors: There will be a total of two Governors (Community

Representatives) nominated by the BOG for appointment by the Supreme
Court. Any resident of Washington State, except a person who has previously
served as a Governor for more than 18 months or who is licensed or has
previously been licensed to practice law in any state, may apply for
nomination to be an Appointed Governor, except as provided in this A.tticle.
Filing of nominations and applications sfta.lt--must be in accordance with this

Article.
430
1. Applications for Governors elected from Congressional Districts shall-must be

filed in the office of the Bar not later than 5:00 p.m., on the 15th day of
Febrnary of the year in which the election is to be held.
2. Applications er-and nominations for at largeAt Large Governor and

Appointed Governor positions sftal.l-must be filed in the office of the Bar not
later than 5:00 p.m. on the 20th day of April of the year in which the
election or nomination for appointment is to be held.
3. Applications for the position of President-elect sftal.l-must be filed by the

deadline set fo1th in the notice published in the Bar's official publication and
posted on the 'NSBA Bar's website; notice sftal.l-must be given not less than
30 days before the filing deadline.

position sftal.l-will be treated, advertised, and filled as an at-large position for
that election cycle only.
C. ELECTION OR APPOINTMENT OF GOVERNORS.
1. Election of one Governor from each Congressional District and for the at
f.afgeone Governor At Large positions, and nomination of one Appointed
Governor, sftal.l-will be held every three years as follows:
a. Third, Sixth, Eighth Congressional Districts and the No1th region of

the Seventh Congressional Distiict--aOO.;. one at large memberAt Large
Governor (one of the two lawyer positions); and one Appointed
Governor (one of the two Community Representative positions) -
Seventh Congressional District and eae-two at large memberAt Large
Governors (one from nominations made by the Young Lawyers
Committee and one LLLT/LP0) - 2015 and every three years
thereafter.
c. Second, Ninth and Tenth Congressional Districts--aOO.;. one at large

memberAt Large Governor (the other of the two lawyer positions); and
one Appointed Governor (the other of the two Community
Representative positions) - 2013 and every three years thereafter.
a. Eligibility to Vote. All Active members, as of March 1st of each

year, shall beare eligible to vote in the Board of Govemors' BOG
election for their district, subject to the election schedule shown above.
431
Active members residing in the State of Washington shall-may

only vote in the district in which they reside. Active members residing
outside the State of Washington shall-may only vote in the district of
the address of the agent they have designated within the State of
Washington for the purpose of receiving service of process as required
by APR ~_Ll, or, if specifically designated to the Executive Director,
within the dist1ict of their primary Washington practice.
b. Ballots. On March 15th of each election year, the Executive

Director shall-will deliver ballots containing the names of all
candidates for the office of Governor for each Distiict in which an
election is to be held to each aetive-Active member eligible to vote
in said-that Dishict. Elections will be conducted via a secure website
("electronic voting"). Active members who are eligible to vote in an
election may request a paper ballot to be used in place of the electronic
ballot. Electronic ballots shall-will be sent to active members eligible
to vote in an election, and shall-will include information about how to
vote by electronic voting. Should any aetive-Active member eligible
to vote fail to receive a ballot, or receive a defective ballot, the
member may obtain a replacement ballot by furnishing proof of
eligibility to the Executive Director proof of such member's eligibility
to receie the same, and upon returning the defective ballot; if the
member received a paper ballot.

Only one vote shall-will be counted from any member who
inadvertently votes both by paper ballot and by electronic means:
1) By paper ballot. The member shallmust, after marking a

ballot, place the same-ballot in the envelope marked "Ballot,"
place that envelope in the envelope directed to the Bar, print or
type ffileh-the member's name, ~sign the outside of the
envelope, and cause the same-envelope containing the ballot to
be delivered to the office of the Bar by no later than 5:00 p.m.
(PDT) on April 1st -of that election year. Alteration of or
addition to the ballot, other than the marking of the member's
choice, shall-invalidate~ the ballot.

d. Voting System. In any election for membership on the Board of

GovernorsBOG, if there is only one qualified candidate nominated,
then that candidate shall-will be declared elected. If there are only two
candidates for a position, then the candidate receiving the highest
432
number of votes ffia.l.l-will be declared elected. If there are more than

two candidates, and if no candidate receives more than 50% of the
total vote, the two candidates receiving the highest number of votes
will participate in a run-off election. In the event of a tie for the second
rnn-off election along with the candidate who received the most votes.

consultation with the President ffia.l.l-will designate the date for
delivering the ballots and the deadline for voting, which shall-will be
5:00 p.m. (PDT), 10 days after the date the ballots are delivered. The
candidate receiving the highest number of votes ffia.l.l-will be declared
e lected.
e. Checking and Custody ofBallots. The Executive

Director ffia.l.l-will deposit all satisfactorily identified and signed paper
ballot envelopes in receptacles segregated as to Districts. The
receptacles ffia.l.l-will remain in the custody of the Executive Director
until the ballots shall beare counted. Any paper ballots not enclosed in
an envelope, satisfactorily identified and signed, ffia.l.l-will not be
counted.
Electronic votes ffia.l.l-must be ve1ified and secu rely stored by the

online voting vendor.
f. Counting ofBallots. Paper ballots ffia.l.l-will be counted in the office of

the Bar, and electronic ballots, if any, ffia.l.l-will be counted by the
online voting vendor and certified. The election process will be
supervised by an Election Board of not less than three Active members
appointed by the President. No less thanAt least two members of the
Election Board ffia.l.l-must be present at any count of paper ballots.
Any Active member of the Bar may be present at such count of paper
ballots.
The Executive Director ffia.l.l-will establish and follow a procedure that

will ensure that no member's vote is counted more than once.
Promptly upon dete1mination of the election results, the Election

Board ffia.l.l-will forward the results to the Executive Director,
who ffia.l.l-will notify each candidate as promptly as reasonably
possible of the result of the election and publicly announce the election
of the successful candidates. Official written notice of the election
results also shatl-will be emailed to each candidate.
g. Retaining Ballots. All paper ballots and identifying return

envelopes shatl-must be retained in the custody of the Executive
Director. The elections vendor ffia.l.l-must retain the electronic voting
433
data, and maintain an auditable trail of the election, for no less than 90
days after the close of the election.
Executive Di.rector shall-will notify the vendor to destroy the data and
3. Election of At-_Large Governors.
At-_large Governors are elected by the Board of GovemorsBOG as set forth

below.
4. Nomination of Appointed Governors.
Nominations for Appointed Governor will occur as set forth below.
D. ELECTIONS ELECTION AND NOMINATIONS FOR APPOINTMENT BY

BOARD OF GOVERNORS.
1. At-_Large Governors.
The Board of Governors BOG shall-will elect four additional Governors from
the aet-We-Active membership at lcH"ge. The election of at largeAt Large
Governors shall-will take place during a BOG meeting of the Board of
Governors not later than the 38th week of each fiscal year and shall-will be by
a. There-The BOG shall-will elect *two at largeAt Large

Governor~ positions to be filled withwho are persons who, in
the Board's BOG's sole discretion, have the experience and knowledge of
the needs of those lawyers whose membership is or may be historically
under-represented in governance, or who represent some of the diverse
elements of the public of the State of Washington, to the end that
the Board of GovemorsBOG will be a more diverse and representative
body than the results of the election of Governors based solely on
Congressional Districts may allow. Under-representation and diversity
may be based upon the discretionary dete1mination of the Board of
GovernorsBOG at the time of the election of any at largeAt Large
membership, provided that no single factor shall-will be determinative.
b. In addition, tihe Board of GovemorsBOG shall-will elect one at largeAt

Large Governor from nominations made by the Young Lawyers
Cmmnittee. Election shall be by a secret written ballot. The Young
Lawyers Committee shall-will nominate two or more candidates who will
be young Young lawyers Lawyers as defined in section Article XII of
434
these bylaws Bylaws at the time of the election.
2. Appointed Governors.
After receiving input from the Nominations Conunittee, in accordance with the
schedule set fo11h in this Al1icle, the BOG will nominate for consideration and
appointment by the Supreme Com1 an Appointed Governor from the general
public who will serve as a Community Representative. Selection of the BOG's
nominee for Appointed Governor will take place during a BOG meeting not later
than the 38th week of each fiscal year and will be by secret written ballot.
L Office of President-Elect.
The Board of GovemorsBOG shall-will elect an Active member of
the Washington State Bar i\ssociationBar to serve as President-elect. The
election shall take place during a BOG meeting of the Board of Governors not
later than the 38th week of each fiscal year, and shall-will be by secret written
ballot. The President-elect shall-will take office upon the incumbent President-
elect becoming President or upon vacancy of the office of President-elect.
President in the year 2011 and every four years thereafter, the President-
elect shall-must be an individual whose primary place of business is located in
Eastern Washington. For purposes of these bylawsBylaws, "Eastern Washington"
is defined as that area east of the Cascade mountain range generally known as
Eastern Washington. During the remaining three years, the President-elect may
be an individual from anywhere within the state, including Eastern Washington.
In any year, should no qualifying application be received for the position of
President-elect within the timeframe allowed, the President shall sowill advise
the Board of Go'remorsBOG, and the BeaffiBOG, at any regular meeting or
special meeting called for that purpose, shall-will establish procedures to re-open
and extend the application period or othe1wise address the issue. Such action by
the Board of GovemorsBOG may include waiver of any geographic limitation for
the year in question. This provision shall commence with the President elect
election of 2012.
LTreasurer. [Effective January 1, 2012]

The treasurer Treasurer shall-must be a
cun-ent governor Governor and shall-will be nominated and elected by the Boord
of GovemorsBOG at the second to the last regularly
scheduled Board BOG meeting of the fiscal year.
The treasurer Treasurer shall-will be elected by simple majority of Governors
voting. In the event there is more than one nomination, the vote shall-will be by
435
LElection Procedures.
Elections of at largeAt Large Governors, President and President-elect

elections, nominations for Appointed Governor, and any other elections held by
the Board of GovemorsBOG under these bylawsBylaws, except elections for the
position of Treasurer, are conducted as follows:
a. Notice of the position sftall-.will be advertised in the Bar's official

publication and on the WSBA's Bar's website no less than 30 days
before the filing deadline and must include the closing date and time
for filing candidate applications.


timely manner.

meeting. Candidates who are competing for the same
position sfta.l.l.-must not be present for each other's interviews.

f. Election of candidates or nomination for appointment by the Supreme

Comt sftall-.will be conducted by secret written ballot.

winner.

1. Proxy votes are not allowed; however, a Governor who pa11icipated in

ballots.
J. The elected candidate or nominee for appointment will be announced
436
publicly following the vote. However, the vote count will not be
announced and all ballots will be immediately sealed to both the BOG
and the public and remain in the custody of the Executive Director for
90 days, when they will be destroyed.
Any newly elected or appointed Governor will undergo an orientation period

commencing from the time of his or her election or appointment until being sworn in by
the Supreme Comt. This orientation must include attendance and participation in a New
Governor Orientation to be held at a time and place specified by the Executive Director.
In addition, the Governors-elect and Governors-pending appointment are expected to
attend other meetings and/or activities as invited by or directed by the BOG. Governors-
elect and Governors-pending appointment must also attend public meetings of the BOG
as non-voting Governors. This attendance does not include executive sessions, unless
authorized by the BOG.
_F._MEMBER RECALL OF GOVERNORS .
for recall shall-must identify the Governor, the Governor's congressional district.l erat-
large or appointed status, and the Governor's term of office; set fo11h the basis for the
recall; and contain the names and signatures of the Active members suppo11ing the
petition.
1. For congressional district Governors, the petition must -be signed

by .fWe..fuercent of the Active members of the Governor's congressional
district at the time of filing. Only members of the Governor's district who are
on Active status at the time of the vote are eligible to vote.
2. For the Young Lawyers at largeAt Large Governor, the petition must be
signed by .fWe-2..2._percent of the young Young lawyers Lawyers as defined
in section AI1icle XII of these byla\vs Bylaws at the time of filing.
Only young Young lawyers Lawyers who are on Active status at the time of
the vote are eligible to vote. For all other at large Governors, the petition
must be signed by five percent of the Active members of the WSBA at the
time of filing, and only members on Active status at the time of the vote are
eligible to vote.
3. For all other At Large Governors, the petition must be signed by 25 percent
of the Active members of the Bar at the time of filing, and only members on
Active status at the time of the vote are eligible to vote.
4. For the Appointed Governors who are Community Representatives, the

petition must be signed by twenty five percent of the Active members of the
Bar at the time of filing, and only members on Active status at the time of the
vote are eligible to vote.
8
437
L The voting procedures set forth in the "Election of Governors from

Congressional Districts" sftall-will be used as a procedural guideline for
conducting a recall vote, and a majority vote is sufficient to pass a recall
petition.
438
VIL MEETIN GS
A. GENERAL PROVISIONS; DEFINITIONS.
1. Definitions.
As used in this Article unless the context indicates otherwise:
a. "Meeting" means any regular or special meeting of the BOG or other

Bar entity at which action is contemplated. A "special meeting" is a
meeting limited to specific agenda topics.
b . When these Bylaws refer to a "Bar entity" or "other Bar entity," this
means any body, no matter how named, working under the authority
of, or administered by, the Bar, pursuant to these Bylaws or court rule.
The activities of such Bar entities subject to the Open Meetings Policy
of this Article VII may include, but are not limited to, conducting
meetings, taking actions, conducting hearings, or gathering
information or member comment.
c. "Action" means the transaction of the official business of the Bar by

the BOG or other Bar entity including but not limited to receipt of
member infonnation, deliberations, discussions, considerations,
reviews, evaluations, and final actions.
"Final action" means a collective positive or negative consensus, or an

actual vote of the voting members present, whether in person or by
electronic means, at the time of the vote, upon a motion, proposal,
resolution, or order.
d. "Minutes" means, at a minimum, recording the members of the Bar

entity in attendance, the date and time of the meeting, the agenda of
the meeting, and the subject and results of any final action taken.
2. Order of Business.
The President or Chair of the meeting detennines the order of the business of any
meeting.
B. OPEN MEETINGS POLICY.
1.
All meetings of the BOG or other Bar entity must be open and public and all
persons w ill be pennitted to attend any meeting, except as otherwise provided
in these Bylaws or under comi rules. A meeting may be held in person or by
videoconference and/or teleconference. Meeting schedules and contact
439
infonnation will be made reasonably available by the Bar.
2. This Open Meetings Policy does not apply to duly designated executive
sessions, meetings otherwise excluded under the terms of these Bylaws,
meetings of the BOG Personnel and Awards Committees, the Judicial
Recommendation Committee, or to matters regulated by the Rules for
Enforcement of Lawyer Conduct, the Admission and Practice Rules, or the
Rules for Enforcement of Conduct of Limited Practice Officers.
3. Minutes of all meetings, except for executive sessions, must be recorded and
approved minutes will be open to public inspection upon request. Minutes
from every BOG public session will be posted on the Bar's website once
approved by the BOG. Sub-entities (for example, subcommittees) need not
record minutes, unless they are specifically delegated the authority to take
final action on behalf of the entity.
4. A member of the public will not be required, as a condition of attendance at a

meeting, to register his or her name and other information, to complete a
questionnaire, or otherwise to fulfill any condition precedent to his or her
attendance.
5. In the event that any meeting is interrupted by a group or groups of persons so

as to render the orderly conduct of such meeting not feasible, and order cannot
be restored by the removal of individuals who are interrupting the meeting,
the persons presiding over the meeting may order the meeting room cleared
and continue in session or may adj ourn the meeting and reconvene at another
location selected by majority vote of the members of the Bar entity. In such a
session, final disposition may be taken only on matters appearing on the
agenda. Representatives of the press or other news media, except those
participating in the disturbance, will be allowed to attend any session held
pursuant to this paragraph. Nothing in this paragraph prohibits the Bar entity
from establishing a procedure for readmitting an individual or individuals not
responsible for disturbing the orderly conduct of the meeting.
6. At any meeting required to be open to the public, no Bar entity is pennitted to

vote by secret ballot, except for elections for At Large Governors and the
President-elect, as required by Article VI(D) for purposes of elections, or as
otherwise provided by these Bylaws. A vote taken by email will not be
deemed a secret ballot so long as the vote, including the question voted on, the
identity of each person voting, and vote cast by each person, is recorded and
published with the minutes. Votes taken on matters in a duly designated
executive session need not be recorded or published, unless otherwise
required by these Bylaws or court rule.
7. Executive Session.
a. The BOG may meet in Executive Session at the discretion of the
440
President or as specifically provided by court rule:
1) To consider the selection of a site or the acquisition ofreal

estate by lease or purchase when public knowledge regarding
such consideration would cause a likelihood of increased price,
or to consider the minimum price at which real estate will be
offered for sale or lease when public knowledge regarding such
consideration would cause a likelihood of decreased price;
2) To discuss an individual disciplinary matter, character and

fitness matter, Client Protection Fund claim, or other matter
made confidential by court rule or these Bylaws;
3) To evaluate the qualifications of an applicant for employment

as Executive Director or General Counsel, or for appointment
to a position with the Bar or on a Bar entity; to review the
perfonnance of the Executive Director; or to receive or
evaluate complaints regarding Officers, Governors, Bar staff,
or appointees to other Bar entities;
4) To discuss with legal counsel representing the Bar litigation or

potential litigation to which the Bar, the Bar entity, or an
employee or officer of the Bar or member of the Bar entity is
or is likely to become a party, or to have other privileged or
confidential communications with legal counsel representing
the Bar;
5) To discuss legislative strategy; or
6) To discuss any other topic in which the President in his or her

discretion believes the preservation of confidentiality is
desirable or where public discussion might result in violation
of individual rights or in unwarranted or unjustified private or
personal harm.
Executive session of the BOG may proceed with no persons present

except the President, President-elect, Immediate Past President,
Governors, Executive Director, General Counsel, and such other
persons as the BOG may authorize. An individual may be recused
from executive session for conflict of interest or other reasons at the
person's request or by a majority vote of the BOG. The President will
publicly announce the purpose for meeting in executive session and
the time when the executive session will be concluded. The executive
session may be extended to a stated later time by announcement of the
President.
b. A BOG committee may meet in Executive Session at the discretion of
441
the BOG committee Chair or as specifically provided by court rule:
1) To consider the selection of a site or the acquisition of real


3) In the case of the Executive Committee and Personnel

Committee, to evaluate the qualifications of an applicant for
appointment to a position with the Bar or on a Bar entity, to
review the perf01mance of the Executive Director, or to receive
or evaluate complaints regarding Officers, Governors, Bar
staff, or appointees to other Bar entities;

the Bar;
6) To discuss any other topic in which the BOG committee Chair

in his or her discretion believes the preservation of
confidentiality is desirable or where public discussion might
result in violation of individual rights or in unwarranted or
unjustified private or personal harm.
Executive session of a BOG committee may proceed with no persons

present except the President, President-elect, Immediate Past
President, Governors, Executive Director, General Counsel, and such
other persons as the BOG committee Chair may authorize. An
individual may be recused from executive session for conflict of
interest or other reasons at the person's request or by a majority vote
of the BOG committee. The BOG committee Chair will publicly
announce the purpose for meeting in executive session and the time
when the executive session will be concluded. The executive session
may be extended to a stated later time by announcement of the BOG
committee Chair.
442
c. Other Bar entities may meet in Executive Session on matters within

the scope of their work at the discretion of the Chair or as specifically
provided by court rule:

2) To evaluate the qualifications of an applicant for appointment

to a Bar entity;

the Bar; or
4) To discuss legislative strategy.
Executive sessions of other Bar entities may proceed with no persons

present except members of the entity and such other persons as the
Chair may authorize, provided, however, that Bar staff and the BOG
liaison may not be excluded from executive session. An individual
may be recused from executive session for conflict of interest or other
reasons at the person's request. The Chair will publicly announce the
purpose for meeting in executive session and the time when the
executive session will be concluded. The executive session may be
extended to a stated later time by announcement of the Chair.
8. Each Bar entity will set regular and special meetings as needed. It will not be
a violation of these Bylaws for a majority of the members of a Bar entity to
travel together or gather for purposes other than a meeting or special meeting
as these terms are used in these Bylaws, provided that they take no final action
as defined in these Bylaws.
9. A Bar entity may adjourn any meeting to a time and place specified in the
order of adjournment. A quorum is not required to adjourn. If all members
are absent from any meeting the Chair of the Bar entity may declare the
meeting adjourned to a stated time and place. He or she will cause written or
electronic notice of the adjournment to be given to all members of the Bar
entity within 48 hours of the adjoununent.
10. Any member may timely petition the BOG to declare any BOG final action
voidable for failing to comply with the provisions of these Bylaws. Any
member may petition the BOG to stop violations or prevent threatened
violations of these Bylaws.
443
C. MEETINGS OF THE BOARD OF GOVERNORS.
1. Regular Meetings.
Regular meetings of the BOG will be held at such times and locations as the
President may designate. Notice of the date, time, and location of each
regular meeting must be posted on the Bar's website no later than 45 days
prior to the date of the meeting. The agenda for the meeting will be posted on
the Bar's website once finalized. Late materials related to agenda items may
be accepted. Any changes to the agenda will be posted as soon as practicable
given the circumstances of the change.
2. Special Meetings.
a. Special meetings of the BOG may be called by the President at his or

her discretion, by the Executive Director, at the written request of five
members of the BOG, or at the written request of three members of the
BOG's Executive Committee. Special meetings will customarily be
held at the'Bar's offices. All reasonable efforts will be made to
schedule special meetings so the maximum number of Governors may
attend, and Governors who are unable to attend in person may attend
by electronic means.
b. Notice of a special meeting must be in writing and must set forth the
time, place and purpose thereof, and must be given to all members of
the BOG, the officers, the Executive Director, and the General
Counsel, and posted on the Bar's website, at least five days prior to the
meeting. The five days' notice requirement may be waived by
unanimous consent of the BOG. The special meeting will only
consider such matters as set forth in the notice of the meeting. A
special meeting may be canceled by the written consent of eight
Governors, directed to the Executive Director, who in tum will
transmit the cancellation notice and supporting documentation to all
persons who were sent notice of the meeting.
3. Emergency Meetings.
An emergency meeting may be called, with 24-hour electronic notice to all

members of the BOG and the General Counsel:
a. When the President determines that an extraordinary matter requires

immediate attention of the BOG; or
b. By the Executive Director when there has been a natural disaster or

catastrophic event that significantly impacts the Bar's ability to
function.
The emergency meeting will be held at a location designated by the
444
President or Executive Director, and Governors who are unable to attend

in person may attend by electronic means. Notice of the meeting must
indicate the subject matter to be considered, and the meeting must only
consider such noted subject matter.
4. Agenda.
For every BOG meeting, the President will establish the agenda and order of
business. Upon request to the President, a Governor may add an item to the
upcoming regular meeting' s agenda. If in the President's good faith estimation
the upcoming agenda is full, the requested item will be placed on the next
regularly scheduled meeting's agenda, unless otherwise agreed by the President
and the requesting Governor.
5. Parliamentary Procedure.
Proceedings at BOG meetings may be governed by the most current edition of

Robert's Rules of Order or such other set of rules chosen by the President.
D. EXECUTIVE COMMITTEE OF THE BOG.

1. The BOG recognizes the need for an Executive Committee to address
emergent but non-policy making matters that need timely attention in
between BOG meetings. The Executive Committee's authority derives
solely from the authority of the BOG, and is limited by the authority
granted by the BOG. The BOG may establish a Charter specifically
delineating the duties and functions of the Executive Committee.
2. The Executive Committee members include the President, the President-
elect, the Immediate Past President, the Treasurer, the Chair of the BOG
Personnel Committee, and the Executive Director.
3. An Executive Committee meeting may be called by any member of the
Executive Committee, provided that at least five days' notice is given to
all Executive Committee members. If an emergency situation requires
less than five days' notice, the notice period may be waived by unanimous
consent of the Executive Committee members.
4. The Executive Ccnmnittee may meet as necessary to develop the BOG
meeting agenda or for discussion and action on matters within its scope.
All agenda setting meetings will be set in advance and notice provided in
writing to all Governors with the day, time, place, and agenda or purpose
of the Executive Committee's meeting, and any Governor may attend the
meeting. Although emergent issues may make it difficult to provide
advanced notice of Executive Committee meetings not related to meeting
and agenda setting, the Executive C01mnittee must provide advance notice
to all Governors to pennit them to attend whenever feasible to do so.
E. FINAL APPROVAL OF ACTION BY THE BOARD OF GOVERNORS.
445
Reports, recommendations, or proposals do not represent the view or action of the Bar,
unless approved by a vote of the BOG.
446
REDLINE (8.15.2016)
VIL MEETINGS
A. GENERAL PROVISIONS; DEFINITIONS .
1. Definitions.
As used in this a11icle Article unless the context indicates othe1w ise:
a. "Meeting" means any regular or special meeting of the Bar, its Board
of Governors, BOG or one or more of its governing bodiesother Bar
entity at which action is contemplated. "Regular meetings" are
recun-ing meetings held in accordance with a periodic schedule
declared by these bylaws or a governing body's resolution, bylaw, or
ru-1&.-A "special meeting" is a meeting limited to specific agenda topics.
b. "Governing body"When these Bylaws refer to a "Bar entity" or "other

Bar entity," this means a-any board, committee, subcommittee, task
force, section, or other body, no matter how named, working under the
authority of, or administered by, the Bar, pursuant to these Bylaws or
court rule. -The activities of such goveming bodiesBar entities subject
to the Open Meetings Policy of this Article VII may include, but are
not limited to, conducting meetings, taking actions, conducting
hearings, or gathering info1mation or member comment.
c. "Action" means the transaction of the official business of the Bar by a

governing bodythe BOG or other Bar entity including but not limited
to receipt of member information, deliberations, discussions,
considerations, reviews, evaluations, and final actions.
"Final action" means a collective positive or negative -consensus, or an

actual vote by a majority of the voting members present, whether in
person or by electronic means, -at the time of the vote, -upon a motion,
proposal, resolution, or order.
d. "Minutes" means, at a minimum, recording the members of the Bar

entity in attendance, the date and time of the meeting, the agenda of
the meeting, and the subject and results of any final action taken.
2. Order of Business.
The President or Chair of the meeting sfra.1.1-determine the order of the business of
any meeting.
447
REDLINE (8.15.2016)
B. OPEN MEETINGS POLICY.
1. Given the important role of the attorney in society and the Bar's singttlar
authority over the proYision and proYiders of legal services, except as it may
othenvise be limited by these bylaws or by court rules the Bar is committed to
conducting all meetings of the Bar, its Board of Governors, and its governing
bodies in an open and public manner. Through such openness, the Bar intends
to make information available to its members and to the people oPNashington
that 'tvill allov1 them to become infon11ed about matters regarding the
provision of legal services and other topics falling under the Bar's authority.
All meetings of the BOG or other Bar entity-shall-must be open and public
and all persons -shall-will be permitted to attend any meeting, except as
otherwise provided in these bylaws Bylaws or under cow1: rnles. A meeting
may be held by electronic meansin person or by videoconference and/or
teleconference. Meeting schedules and contact information -shall-will be
made reasonably available by the Bar.
2. This Open Meetings Policy -shall-does not apply to duly designated executive
sessions, meetings otherwise excluded under the tem1s of
these bylawsBylaws, meetings of the BOG Personnel and Awards
Committees, the Judicial Recommendation Committee, or to matters regulated
by the Rules for Enforcement of Lawyer Conduct, the Admission and Practice
Rules, or the Rules for Enforcement of Conduct of Limited Practice Officers.
3. Minutes of all meetings, except for executive

sessions, shall-must be promptly recorded and approved minutes 5hal+-will be
open to public inspection upon request. -Minutes from every BOG public
session shall-will be posted on the WSBA Bar's website once approved by the
BOG. Sub-entities (for example, subcommittees) need not record minutes,
unless they are specifically delegated the authority to take final action on
behalf of the entity.
4. A member of the public -shall-will not be required, as a condition of attendance

at a meeting, to register his or her name and other info1mation, to complete a
questionnaire, or otherwise to fulfill any condition precedent to his or her
attendance.
5. In the event that any meeting is intenupted by a group or groups of persons so

as to render the orderly conduct of such meeting not feasible, and order cannot
be restored by the removal of individuals who are intenupting the meeting,
the persons presiding over the meeting may order the meeting room cleared
and continue in session or may adjourn the meeting and reconvene at another
location selected by majo1ity vote of the members of the governing bodyBar
entity. -In such a session, final disposition may be taken only on matters
appearing on the agenda. Representatives of the press or other news media,
except those pa11:icipating in the disturbance, shalt-will be allowed to attend
448
REDLINE (8.15.2016}
any session held pursuant to this sectionparagraph. Nothing in

this section paragraph ffial.l-prohibit~ the governing bodyBar entity from
establishing a procedure for readmitting an individual or individuals not
responsible for disturbing the orderly conduct of the meeting.
6. At any meeting required to be open to the public, no governing bodyBar

entity ffial.l-is permitted to vote by secret ballot, except for elections for At
Large Governors and the President-elect, as required by Article VI(D) for
purposes of elections, or as otherwise provided by these bylawsBylaws. A
vote taken by email will not be deemed a secret ballot so long as the vote,
including the question voted on, the identity of each person voting, and vote
cast by each person, is recorded and published with the minutes. Votes taken
on matters in a duly designated executive session need not be recorded or
published, unless otherwise required by these Bylaws or court rule.
7. Executive Session.
a. The BOG may meet in Executive Session at the discretion of the

President or as specifically provided by comt rule:


3) To evaluate the qualifications of an applicant for employment

as Executive Director or General Counsel, or for appointment
to a position with the Bar or on a Bar entity; to review the
performance of the Executive Director; or to receive or
evaluate complaints regarding Officers, Governors, Bar staff,
or appointees to other Bar entities;

the Bar;
449
REDLINE (8.15.2016)
6) To discuss any other topic in which the President in his or her

discretion believes the preservation of confidentiality is
desirable or where public discussion might result in violation
of individual rights or in unwarranted or un justified private or
personal harm.
Executive session of the BOG may proceed with no persons present

except the President, President-elect, Immediate Past President,
Governors, Executive Director, General Counsel, and such other
persons as the BOG may authorize. An individual may be recused
from executive session for conflict of interest or other reasons at the
person's request or by a majority vote of the BOG. The President will
publicly announce the purpose for meeting in executive session and
the time when the executive session will be concluded. The executive
session may be extended to a stated later time by announcement of the
President.
b. A BOG committee may meet in Executive Session at the discretion of

the BOG committee Chair or as specifically provided by court rule:

2) To discuss an individu al d iscip lina1y matter, character and

3) In the case of the Executive Committee and Personnel

Committee, to evaluate the qualifications of an applicant for
appointment to a position with the Bar or on a Bar entity, to
review the performance of the Executive Di.rector, or to receive
or evaluate complaints regarding Officers, Governors, Bar
staff, or appointees to other Bar entities;
4) T o discuss with legal counsel representing the Bar litigation or

the Bar;
450
REDLINE (8.15.2016)
6) To discuss any other topic in which the BOG committee Chair

in his or her discretion believes the preservation of
confidentiality is desirable or where public discussion might
result in violation of individual rights or in unwananted or
unjustified private or personal haim.
Executive session of a BOG committee may proceed with no persons

present except the President, President-elect, Immediate Past
President, Governors, Executive Director, General Counsel, and such
other persons as the BOG committee Chair may autho1ize. An
individual may be recused from executive session for conflict of
interest or other reasons at the person's request or by a majmity vote
of the BOG committee. The BOG committee Chair will publicly
announce the purpose for meeting in executive session and the time
when the executive session will be concluded. The executive session
may be extended to a stated later time by announcement of the BOG
committee Chair.
c. Other Bar entities may meet in Executive Session on matters within

the scope of their work at the discretion of the Chair or as specifically
provided by court rule:
1) To discuss an individual disciplinmy matter, character and

2) To evaluate the qualifications of an applicant for appointment

to a Bar entity;

or is likely to become a pmty, or to have other p1ivileged or
the Bar; or
4) To discuss legislative strategy.
Executive sessions of other Bar entities may proceed with no persons

present except members of the entity and such other persons as the
Chair may authorize, provided, however, that Bar staff and the BOG
liaison may not be excluded from executive session. An individual
may be recused from executive session for conflict of interest or other
reasons at the person's request. The Chair will publicly announce the
purpose for meeting in executive session and the time when the
executive session will be concluded. The executive session may be
extended to a stated later time by announcement of the Chair.
451
REDLINE (8.15.2016)
LEach goYeming bodyBar entity sball-will set regular and special meetings as
needed. -It sball-will not be a violation of these bylaws Bylaws for a majority
of the members of a governing bodyBar entity to travel together o r gather for
purposes other than a regular meeting or special meeting as these terms are
used in these bylawsBylaws, provided that they take no final action as defined
in these bylawsBylaws.
LA governing bodyBar entity may adjown any meeting to a time and place
specified in the order of adjournment. A quorum is not required to adjourn. If
all members are absent from any meeting the ehair-Chair of the governing
bedyBar entity may declare the meeting adjourned to a stated time and place.
He or she sball-will cause written or electronic notice of the adjournment to be
given to all members of the governing bodyBar entity within 48 hours of the
adjournment.
10. Any member may timely petition the Board ofGovemorsBOG to declare any
BOG final action voidable for failing to comply with the provisions of
these bylav1sBylaws. Any member may petition the BOG to stop violations or
prevent threatened vio lations of these bylav1sBylaws.
C. MEETINGS OF THE BOARD OF GOVERNORS.
1. Regular Meetings.
Regular meetings of the BOG sball-will be held at such times and locations
as its-the President may designate. Notice of the date, time, and location of
each regular meeting sball-must be posted on the WSBA Bar's website no
later than 45 days prior to the date of the meeting. The agenda for the
meeting sball-will be posted on the WSBA Bar's website once finalized. Late
materials related to agenda items may be accepted. Any changes to the
agenda will be posted as soon as practicable given the circumstances of the
change.
2. Special Meetings.
a. Special meetings of the BOG may be called by the President at his or

her discretion, Qy_the Executive Director, er-at the written request of
five members of the BOG, or at the written request of three members
of the BOG' s Executive Committee. Special
meetings sball-will customarily be held at the 'NSBA Bar's offices.
All reasonable efforts will be made to schedule special meetings so the
maximum number of Governors may attend, and Governors who are
unable to attend in person may attend by electronic means.
b. Notice of a Special special Meeting meeting sball-must be in writing

and sball-must set forth the time, place and purpose thereof,
and sball-must be given to all members of the BOG, the officers, the
Executive Director, and the General Counsel, and posted on
452
REDLINE (8.15.2016)
the \VSBA Bar's website, at least five days prior to the meeting. The
five days' notice requirement may be waived by unanimous consent of
the BOG. The Special special Meeting meeting ~will only
consider such matters as set fo11h in the notice of the meeting.
A Special special Meeting meeting may be canceled by the written
consent of eight Governors, directed to the Executive Director, who in
tum ~will transmit the cancellation notice and suppo11ing
documentation to all persons who were sent notice of the meeting.
3. Emergency Meetings.
An emergency meeting may be called, with 24-hour electronic notice to all

members of the Board BOG and the General Counsel:
a. When the President detennines that an extraordinary matter requires

immediate attention of the &affiBOG; or
b. By the Executive Director when there has been a natural disaster or

catastrophic event that significantly impacts the Bar's ability to
function.
The emergency meeting ~will be held at a location designated by the

President or Executive Director, and board membersGovemors who are
unable to attend in person may attend by electronic means. Notice of the
meeting must indicate the subject matter to be considered, and the
meeting ~must only consider such noted subject matter.
4. Agenda.
For every BOG meeting, the President will establish the agenda and order of
business. Upon request to the President, a Governor may add an item to the
upcoming regular meeting's agenda. If in the President's good faith estimation
the upcoming agenda is full, the requested item will be placed on the next
regularly scheduled meeting's agenda, unless otherwise agreed by the President
and the requesting Governor.
5. fatecutive SessionParliamentary Procedure.
The BOG may meet in ex.ecutive session at the discretion of the President, with
no persons present eJ(cept the President, President elect, Immediate Past
President, Governors, EJE:ecutive Director, General Counsel, and such others
persons as the BOG may authorize, when the matters under consideration or
discussion im'olYe discipline, litigation, personnel, Lawyers' Fund for Client
Protection claims, an individual character or fitness matter, or any other topic in
which the President in his/her discretion beliei,'es the preservation of
confidentiality is desirable or where public discussion might result in violation of
individual rights or in unwarranted or unjustified p1ivate or personal harm, but in
a manner consistent with the Open Meetings Policy of these bylaws. An
453
REDLINE (8.15.2016)
individual may be recused from executive session for conflict of iaterest or other
reasons at the persoa's request or by a majority vote of the Board. The President
shall publicly a11Rounce the purpose fo r meeting in faE:ecutive SessionProceedings
at BOG meetings may be governed by the most current edition of Robe11's Rules
of Order or such other set of mies chosen by the President.
D. EXECUTIVE COMMITTEE OF THE BOG.

1. The Board of GovernorsBOG recognizes the need for an Executive
Conunittee to address emergent but non-policy making matters that need
timely attention in between Board BOG meetings. The Executive
Committee's authority de1ives solely from the authority of the BeafdBOG,
and is limited by the authority granted by the &at:GBOG.
The Board BOG may establish a Cha11er specifically delineating the duties
and functions of the Executive Committee.
2. The Executive Committee members tffial.l-include the
President, the President-E-elect, the Immediate Past President, the
Treasurer, the Chair of the BOG Personnel Committee, and the Executive
Director.
3. An Executive Committee meeting may be called by any member of the
Executive Committee, provided that at least five days' notice is given to
all Executive Committee members. If an emergency situation requires
less than five days' notice, the notice pe1iod may be waived by unanimous
consent of the Executive Committee members.
L The Executive Committee may meet as necessary to develop the
BOG Meeting meeting Ageada agenda or for discussion and action on
matters within its scope. All agenda setting meetings tffial.l-will be set in
advance and notice provided in writing to all Governors with the day,
time, place, and agenda or purpose of the Executive Committee's meeting,
and any Governor may attend the meeting. Although emergent issues may
make it difficult to provide advanced notice of Executive Committee
meetings not related to Meeting meeting and Ageada agenda setting, the
Executive Committee tffial.l-must provide advance notice to all Governors
to permit them to attend whenever feasible to do so.
E. FINAL APPROVAL OF ACTION OF THE BARBY THE BOARD OF

GOVERNORS.
Repo11s, recommendations~ or proposals do not represent the view or action of the Bar,
unless approved by a vote of the Board of GovemorsBOG.
454
VIIL MEMBER REFERENDA AND BOG REFERRALS TO MEMBERSHIP
A. MEMBER REFERENDA.
1. The BOG sets the policy for the Bar. The membership, through a referendum,
has the opportunity to affect policy set by the BOG. Membership referenda
may accomplish the following:
a. Reverse a final action taken by the by the BOG;
b. Modify a final action taken by the BOG;
c. Enact a resolution; or
d. Amend these Bylaws.
2. Any Active member may file a petition for a referendum. All petitions must
meet the following requirements:
a. The petition must set forth the exact language of the proposed
resolution, bylaw amendment, or modification/reversal of the BOG
action.
b. The petition must be signed by at least five percent of the Active

membership of the Bar at the time the petition is filed.
c. The petition must comply with GR 12.1. The BOG will determine,
within 30 days of the filing of a petition for a referendum, if the
subject of the petition falls within the requirements of GR 12.1.
d. If the subject of the petition seeks to reverse or modify final action

taken by the BOG, then the petition must be filed with the Executive
Director within 90 days of that final action.
e. All petitions for a referendum must be filed with the Executive

Director.
3. All qualifying petitions will be put to a vote of the active membership within
90 days of the date that the petition was filed.
B. BOG REFFERALS TO MEMBERSHIP.
The BOG may also refer a proposed resolution, bylaw amendment, or other proposal to a
vote of the Active membership in accordance with the procedures set forth in these
Bylaws.
455
C. BALLOT PREPARATION
The Executive Director will prepare ballots as directed by the BOG. The proponents of
the action may submit, for inclusion with the ballot a "statement for" not to exceed 750
words and a "rebuttal of statement against" not to exceed 250 words. The opponents of
the action may submit, for inclusion with the ballot, a "statement against" not to exceed
750 words and a "rebuttal of statement for" not to exceed 250 words. The Executive
Director will detennine the deadlines for filing all such statements with the Bar and
provide notice of those deadlines. If more than one opponent statement is submitted, the
President will detennine which statement(s) will be submitted with the ballot.
D. VOTING PROCEDURES.
The procedures set forth in the "Election of Governors from Congressional Districts"
section of these Bylaws will be used as a procedural guideline. The ballot, petition, and
accompanying statements will be posted on the Bar's website, distributed electronically
to Active members with email addresses on record with the Bar, and mailed to all other
Active members. The deadline for return of ballots will be not less than 30 days from the
date of distribution.
E. EFFECT OF VOTE
1. All member referenda and BOG referrals only require a majority of those
Active members voting to pass. No unsuccessful member referendum may be
resubmitted to the membership until two years have passed from the date of
the voting results.
2. The BOG may not alter the effects of a member referendum that passed
sooner than two years from the date of the voting results.
456
REDLINE COPY (8.15.2016}
VIII. MEMBER REFERENDA AND BOG REFERRALS TO MEMBERSHIP
A. MEMBER REFERENDA.
1. The Board of GovemorsBOG sets the policy for the Bar. The membership,
tluough a referendum, has the opportunity to affect policy set by the BOG.
Membership referenda may accomplish the following:
a. Reverse a final action taken by the by the Board of GovernorsBOG;
b. Modify a final action taken by the Board of GovemorsBOG;
c. Enact a resolution; or
d. Amend these bylawsBylaws.
2. Any Active member may file a petition for a referendum. All petitions must
meet the following requirements:
a. The petition must set forth the exact language of the proposed
resolution, bylaw amendment, or modification/reversal of the BOG
action.
b. The petition must be signed by at least five percent of the Active

membership of the Bar at the time the petition is filed.
c. The petition must comply with GR 12.J.. The BOG will detennine,
within 30 days of the filing of a petition for a referendum, if the
subject of the petition falls within the requirements of GR 12.J..
d. If the subj ect of the petition seeks to reverse or modify final action
taken by the Board of GovemorsBOG, then the petition must be filed
with the Executive Director within 90 days of that final action.
e. All petitions for a referendum must be filed with the WSBA Executive
Director.
3. All qualifying petitions will be put to a vote of the active membership within
90 days of the date that the petition was filed.
B. BOG REFFERALS TO MEMBERSHIP.
The Board of GovemorsBOG may also refer a proposed resolution, bylaw amendment, or
other proposal to a vote of the Active membership in accordance with the procedures set
forth in these bylav1sBylaws.
457
REDLINE COPY (8.15.2016)
C. BALLOT PREPARATION
The Executive Director sftal.l..will prepare ballots as directed by the BOG. The proponents
of the action may submit, for inclusion with the ballot a "statement for" not to exceed 750
words and a "rebuttal of statement against" not to exceed 250 words. The opponents of
the action may submit, for inclusion with the ballot, a "statement against" not to exceed
750 words and a "rebuttal of statement for" not to exceed 250 words. The Executive
Director will detem1ine the deadlines for filing all such statements with the Bar and
provide notice of those deadlines. If more than one opponent statement is submitted, the
'NSBA President will determine which statement(s) will be submitted with the ballot.
D. VOTING PROCEDURES.
The procedures set forth in the "Election of Governors from Congressional Districts"
section of these bylaws Bylaws sftal.l..will be used as a procedural guideline. The ballot,
petition, and accompanying statements sftal.l..will be posted on the 1NSBA Bar's website,
distributed electronically to Active members with e-mail addresses on record with the
Bar, and mailed to all other Active members. The deadline for return of ballots shall-will
be not less than 30 days from the date of distribution.
E. EFFECT OF VOTE
1. All member referenda and BOG refe1rnls only require a majority of those
Active members voting to pass. No unsuccessful member referenda
referendum may be resubmitted to the membership until two years have
passed from the date of the voting results.
2. The BOG may not alter the effects of a member referenda referendum that
passed sooner than two years from the date of the voting results.
458
X REGULATORYBOARDS
The Bar administers regulatory boards created by court rules and has any powers necessary to
administer those boards. Appointment to regulatory boards is as provided in the promulgating
rule or as otherwise directed by the Supreme Court. A list of the current regulatory boards and
their functions will be maintained by the Executive Director. Governors and Bar staff
appointed as liaisons to regulatory boards are not voting members of those boards. Liaisons
may not be excluded but will not participate in executive session or confidential deliberations
except as a resource.
459
REDLINE (8.15.2016)
X REGULATORYBOARDS
The Bar shall-administer.. regulatory boards created by com1 rnles and shall havehas any
powers necessary to administer those boards. Appointment to regulatory boards shall be~ as
provided in the promulgating rnle or as otherwise directed by the Supreme Com1. A list of the
cunent regulatory boards and their functions shall-will be maintained by the Executive
Director. Governors and WSBA Bar staff appointed as liaisons to regulatory boards are not
voting members of those boards. Liaisons may be presentmay not be excluded but shall-will
not participate in executive session or confidential deliberations except as a resource.
460
XIL YOUNG LA WYERS
A. PURPOSE.
There will be a member segment within the Bar identified as "Young Lawyers" for the
purposes of encouraging the interest and participation of (i) new and young lawyers and
law students in the activities of the Bar; and (ii) developing and conducting programs of
interest and value to new and young lawyers consistent with the focus areas of public
service and pro bono programs, transition to practice, and member outreach and
leadership; and (iii) upholding and supporting the Guiding Principles of the Bar.
B. DEFINITION.
Active lawyer members of the Bar will be considered Young Lawyers until the last day
of December of the year in which the member attains the age of 36 years or until the last
day of December of the fifth year after the year in which such member first was admitted
to practice as a lawyer in any state, whichever is later.
461
REDLINE (8.15.2016)
XJL YOUNG LA WYERS
A. PURPOSE.
There shall-will be a member segment within the Bar identified as "young Young
lawyersLawyers" for the purposes of encouraging the interest and participation of (i) new
and young lawyers and law students in the activities of the Bar; and (ii) developing and
conducting programs of interest and value to new and young lawyers consistent with the
focus areas of public service and pro bono programs, transition to practice, and member
outreach and leadership; and (iii) upholding and supporting the Guiding Principles of the
Bar.
B. DEFINITION.
Active lawyer members of the Bar shall-will be considered ~Young lawyersLawyers"

until the last day of December of the year in which the member attains the age of 36 years
or until the last day of December of the fifth year after the year in which such member
first was admitted to practice as a lawyer in any state, whichever shall last occutis later.
462
XIIL RECORDS DISCLOSURE & PRESERVATION
A. These Bylaws apply to Bar records created before July 1, 2014. Access to Bar
records created on or after July 1, 2014, is governed by GR 12.4
B. The Bar, in accordance with published rules, shall make available for its members
and/or public inspection and copying all Bar records, unless the record falls within
the specific exemptions of these bylaws or is made confidential by the Rules of
Professional Conduct, the Rules for Enforcement of Lawyer Conduct, the Admission
and Practice Rules, the Rules for Enforcement of Limited Practice Officer Conduct,
GR 25, or any other applicable statute or rule. To the extent required to prevent an
unreasonable invasion of personal privacy interests protected by these bylaws or the
above-referenced rules or statutes, the Bar shall delete identifying details in a manner
consistent with those rules when it makes available or publishes any Bar record;
however, in each case, the justification for the deletion shall be explained fully in
writing.
1. The Bar shall establish, maintain, and make available for its members and/or
public inspection and copying a statement of the actual per page cost or other
costs, if any, that it charges for providing photocopies of Bar records and a
statement of the factors and manner used to detennine the actual per page cost
or other costs, if any.
2. No fee shall be charged for the inspection of Bar records. No fee shall be
charged for locating Bar records or documents and making them available for
copying unless the request entails a substantial use of staff time to locate and
gather the documents. In no event may the Bar charge a per page cost greater
than an actual per page cost established by the Bar.
3. The Bar shall not distinguish among persons requesting records and such
persons shall not be required to provide information as to the purpose for the
request except to establish whether inspection and copying would violate a
statute, court order, or rule which exempts or prohibits disclosure of specific
info1mation or records to certain persons. Bar facilities shall be made
available to any person for the copying of Bar records except when and to the
extent that this would unreasonably disrupt the operations of the Bar. The Bar
shall honor requests received by mail for identifiable Bar records unless
exempted by provisions of these bylaws or other rules.
4. Bar records shall be available for inspection and copying during the
customary office hours of the Bar.
5. The following are exempt from public inspection and copying:
a. Personal infonnation in files maintained for employees, appointees, or
463
elected officials of the Bar to the extent that disclosure would violate
their right to privacy.
b. Specific information, records, or documents relating to lawyer or

Limited Practice Officer discipline that is not expressly classified as
public infonnation or confidential infonnation by court rule.
c. Information revealing the identity of persons who have assisted a Bar

investigation or filed grievances or complaints with the Bar, if
disclosure would endanger any person's life, physical safety, or
property.
d. Test questions, scoring keys, and other examination data used by the
Bar to administer a license, employment, or academic examination.
e. The contents of real estate appraisals made by the Bar relative to the
acquisition or sale of property, until the project or prospective sale is
abandoned or until such time as all of the property has been acquired
or the property to which the sale appraisal relates is sold, but in no
event shall disclosure be denied for more than three years after the
appraisaL
f. Valuable fonnulae, designs, drawings, and research data obtained by

the Bar within five years of the request for disclosure when disclosure
would produce private gain and loss to the Bar.
g. Preliminary or intra-Bar memoranda, notes, and e-mails, and other

documents in which recommendations or opinions are expressed or
policies formulated or recommended, except that a specific record
shall not be exempt when referenced during an open meeting or cited
by the Bar in connection with any of its actions.
h. Manuals, policies, and procedures, developed by Bar staff, that are

directly related to the performance of investigatory, disciplinary, or
regulatory functions, except as may be specifically made public by
court rule;
L Applications for employment with the Bar, including the names of

applicants, resumes, and other related materials submitted with respect
to an applicant.
J. The residential addresses and residential telephone numbers of Bar

employees or volunteers which are held by the Bar in personnel
records, employment or volunteer rosters, or mailing lists of
employees or volunteers.
k. Information that identifies a person who, while a Bar employee:
464
1) Seeks advice, under an informal process established by the Bar,

in order to ascertain his or her rights in connection with a
potentially discriminatory or unfair employment practice; and
2) requests his or her identity or any identifying information not

be disclosed.
1. Membership information; however
1) status, business addresses, business telephones, facsimile

numbers, electronic mail addresses (unless the member has
requested that it not be made public), bar number, and dates of
admission, shall not be exempt, provided that, for reasons of
personal security or other compelling reason, the Executive
Director may, on an annual basis, approve the confidentiality
of any such information; and
2) age infonnation may be used as a criterion for eligibility for

membership in a WSBA committee or section, but only when
used in conjunction with year of admission.
m. Applications for admission to the Bar and related records;
n. Information which would identify bar examiners responsible for

writing and/or grading specific bar exam questions;
o. Proceedings and records of the Board of Bar Examiners;
p. Proceedings and records of the Law Clerk Board, including

infonnation, records, or documents received or compiled that relate to
any application for admission to the Law Clerk program, or to the
retention of any current participant in the Law Clerk program;
q. Proceedings and records of the Practice of Law Board, including

information, records, or documents received or compiled regarding the
investigation, or potential investigation, of any incident or alleged
incident of the unauthorized practice of law;
r. Proceedings and records of the Character and Fitness Board, including

information, records, or documents received or compiled that relate to
any application for admission, special admission, special licensing, or
change of membership status or class, except where those proceedings
are specifically made public by court rule;
s. Records relating to requests by members for ethics opinions to the

extent that they contain information identifying the member or a party
to the inquiry,
3
465
t. Proceedings and records of the Judicial Recommendation Committee,
u. Records and proceedings of any Fee Arbitration Program, Mediation

Program, or other alternative dispute resolution program which may be
administered by the Bar,
v. Records and proceedings of the Personnel and Awards Committees,
w. Records and proceedings of the Hearing Officer Selection Panel,

except as made public by the Panel;
x. Personnel records of Bar employees, whether permanent,

temporary, or contract, except for infonnation relating to
compensation for job classifications, verifying periods of employment
or, when specifically requested, the Executive Director's current
annual compensation; and
y. Any other documents or records made confidential by statute, court

rule, or court order.
The above exempted information will be redacted from the specific

records sought. Statistical information not descriptive of any readily
identifiable person or persons will be disclosed.
6. Responses to requests for Bar records shall be made promptly by the Bar. In
acknowledging receipt of a records request that is unclear, the Bar may ask the
requestor to clarify what information the requestor is seeking. If the requestor
fails to clarify the request, the Bar need not respond to it. Denials of requests
must be accompanied by a written statement of the specific reasons therefor.
7. Whenever the Executive Director concludes that a Bar record is exempt from
disclosure and denies a person opportunity to inspect or copy such record for
that reason, the person may appeal that decision to the Board of Governors.
The Board of Governors shall provide the person with its written opinion on
whether the record is exempt.
8. The disclosure of information under this section should not violate an

individual's right to privacy by amounting to a disclosure of infonnation
about that person that 1) would be highly offensive to a reasonable person, or
2) is not of legitimate concern to the public.
9. Nothing in this section shall be construed to require publication in the

Washington Administrative Code or the maintenance of indexes ofrecords.
466
REDLINE (8.15.2016)
XIII. RECORDS DISCLOSURE & PRESERVATION
A. Given the important role of the attorney in society and the Bar's singular authority
over the provision and providers of legal ser,rices, the Bar is committed to
maintaining its records in a manner that makes them as open and available to its
members and the public as is reasonably possible. Through such openness, the Bar
intends to make info1mation available to the people of Washington that .vill allow
1
them to become infonned about n1atters regarding the provision of legal services and
other topics falling under the Bar's authority.
These Bylaws apply to Bar records created before July 1, 2014. Access to Bar
records created on or after July 1, 2014, is governed by GR 12.4
B. The Bar, in accordance with published rules, shall make available for its members
and/or public inspection and copying all Bar records, unless the record falls within
the specific exemptions of these bylaws or is made confidential by the Rules of
Professional Conduct, the Rules for Enforcement of Lawyer Conduct, the Admission
and Practice Rules, the Rules for Enforcement of Limited Practice Officer Conduct,
GR 25, or any other applicable statute or rule. To the extent required to prevent an
unreasonable invasion of personal p1ivacy interests protected by these bylaws or the
above-referenced rules or statutes, the Bar shall delete identifying details in a malU1er
consistent with those rules when it makes available or publishes any Bar record;
however, in each case, the justification for the deletion shall be explained fully in
writing.
1. The Bar shall establish, maintain, and make available for its members and/or
public inspection and copying a statement of the actual per page cost or other
costs, if any, that it charges for providing photocopies of Bar records and a
statement of the factors and malIDer used to determine the actual per page cost
or other costs, if any.
2. No fee shall be charged for the inspection of Bar records. No fee shall be
charged for locating Bar records or documents and making them available for
copying unless the request entails a substantial use of staff time to locate and
gather the documents. In no event may the Bar charge a per page cost greater
than an actual per page cost established by the Bar.
3. The Bar shall not distinguish among persons requesting records and such
persons shall not be required to provide inf01mation as to the purpose for the
request except to establish whether inspection and copying would violate a
statute, comt order, or rule which exempts or prohibits disclosure of specific
info1mation or records to ce1tain persons. Bar facilities shall be made
available to any person for the copying of Bar records except when and to the
extent that this would unreasonably disrupt the operations of the Bar. The B ar
467
REDLINE (8.15.2016}
shall honor requests received by mail for identifiable Bar records unless
exempted by provisions of these bylaws or other rules.
4. Bar records shall be available for inspection and copying during the
customary office hams of the Bar.
5. The following are exempt from public inspection and copying:
a. Personal info1mation in files maintained for employees, appointees, or

elected officials of the Bar to the extent that disclosure would violate
their right to privacy.
b. Specific info1mation, records, or documents relating to lawyer or

Limited Practice Officer discipline that is not expressly classified as
public info1mation or confidential info1mation by court rule.
c. Information revealing the identity of persons who have assisted a Bar

investigation or filed grievances or complaints with the Bar, if
disclosure would endanger any person's life, physical safety, or
prope11y.
d. Test questions, scoring keys, and other examination data used by the
Bar to administer a license, employment, or academic examination.
e. The contents of real estate appraisals made by the Bar relative to the
acquisition or sale of property, until the proj ect or prospective sale is
abandoned or until such time as all of the property has been acquired
or the property to which the sale appraisal relates is sold, but in no
event shall disclosure be denied for more than three years after the
appraisal.
f. Valuable formulae, designs, drawings, and research data obtained by

the Bar within five years of the request for disclosure when disclosure
would produce private gain and loss to the Bar.
g. Prelimina1y or intra-Bar memoranda, notes, and e-mails, and other

documents in which recommendations or opinions are expressed or
policies formulated or recommended, except that a specific record
shall not be exempt when referenced dming an open meeting or cited
by the Bar in coMection with any of its actions.
h. Manuals, policies, and procedures, developed by Bar staff, that are

directly related to the performance of investigatory, disciplinary, or
regulatory functions, except as may be specifically made public by
com1 rule;
r. Applications for employment with the Bar, including the names of

applicants, resumes, and other related materials submitted with respect
468
REDLINE (8.15.2016)
to an applicant.
J. The residential addresses and residential telephone numbers of Bar

employees or volunteers which are held by the Bar in personnel
records, employment or volunteer rosters, or mailing lists of
employees or volunteers.
k. Info1mation that identifies a person who, while a Bar employee:
1) Seeks advice, under an info1mal process established by the Bar,

in order to asce1tain his or her rights in connection with a
potentially discriminatory or unfair employment practice; and
2) requests his or her identity or any identifying info1mation not

be disclosed.
l. Membership information; however
1) status, business addresses, business telephones, facsimile

numbers, electronic mail addresses (unless the member has
requested that it not be made public), bar number, and dates of
admission, shall not be exempt, provided that, for reasons of
personal security or other compelling reason, the Executive
Director may, on an annual basis, approve the confidentiality
of any such inf01mation; and
2) age info1mation may be used as a crite1ion for eligibility for

membership in a WSBA committee or section, but only when
used in conjunction with year of admission.
m. Applications for admission to the Bar and related records;
n. Info1mation which would identify bar examiners responsible for

writing and/or grading specific bar exam questions;
o. Proceedings and records of the Board of Bar Examiners;
p. Proceedings and records of the Law Clerk Board, including

info1mation, records, or documents received or compiled that relate to
any application for admission to the Law Clerk program, or to the
retention of any cuITent paiticipant in the Law C lerk program;
q. Proceedings and records of the Practice of Law Board, including

information, records, or documents received or compiled regarding the
investigation, or potential investigation, of any incident or alleged
incident of the unautho1ized practice of law;
r. Proceedings and records of the Character and Fitness Board, including
469
REDLINE (8.15.2016)
info1mation, records, or documents received or compiled that relate to

any application for admission, special admission, special licensing, or
change of membership status or class, except where those proceedings
are specifically made public by court rule;
s. Records relating to requests by members for ethics opinions to the

extent that they contain information identifying the member or a party
to the inquiry,
t. Proceedings and records of the Judicial Recommendation Committee,
u. Records and proceedings of any Fee Arbitration Program, Mediation

Program, or other alternative dispute resolution program which may be
administered by the Bar,
v. Records and proceedings of the Personnel and Awards Committees,
w. Records and proceedings of the Hearing Officer Selection Panel,

except as made public by the Panel;
x. Personnel records of Bar employees, whether permanent,

temporary, or contract, except for information relating to
compensation for job classifications, ve1ifying periods of employment
or, when specifically requested, the Executive Director's cuITent
annual compensation; and
y. Any other documents or records made confidential by statute, comt

rule, or court order.
The above exempted info1mation will be redacted from the specific

records sought. Statistical info1mation not descriptive of any readily
identifiable person or persons will be disclosed.
6. Responses to requests for Bar records shall be made promptly by the Bar. In
acknowledging receipt of a records request that is unclear, the Bar may ask the
requestor to clarify what information the requestor is seeking. If the requestor
fails to clarify the request, the Bar need not respond to it. Denials of requests
must be accompanied by a written statement of the specific reasons therefor.
7. Whenever the Executive Director concludes that a Bar record is exempt from
disclosure and denies a person oppmtunity to inspect or copy such record for
that reason, the person may appeal that decision to the Board of Governors.
The Board of Governors shall provide the person with its written opinion on
whether the record is exempt.
8. The disclosure of info1mation under this section should not violate an

individual' s right to privacy by amounting to a disclosure of information
about that person that 1) would be highly offensive to a reasonable person, or
470
REDLINE (8.15.2016)
2) is not of legitimate concern to the public.
9. Nothing in this section shall be construed to require publication in the

Washington Administrative Code or the maintenance of indexes of records.
471
XV. KELLER DEDUCTION
As a mandatory bar association, the Bar may not use compulsory license fees of any member
who objects to that use for political or ideological activities that are not germane, or reasonably
related, to regulating the legal profession or improving the quality of legal services. Keller v.
State Bar of California, 496 U.S. 1 (1990). These activities are considered "nonchargeable."
The Bar may use compulsory license fees for all other activities.
A. Under Keller, the Bar is required to identify that portion of mandatory license fees
that go to "nonchargeable" activities and establish a system whereby objecting
members may either deduct that portion of their fees or receive a refund. The Bar
will calculate the Keller deduction prospectively for each fiscal year, using that fiscal
year's budget and the actual activities of the Bar during the prior fiscal year. The
process to be followed in calculating the Keller deduction will be as set forth in the
Keller Deduction Policy. When calculating the Keller deduction, the Bar shall use a
conservative test for determining whether an individual activity is chargeable or
nonchargeable. When in doubt, the Bar will err in favor of the membership by
considering activities to be nonchargeable even when a reasonable argument could
be made that such activities were chargeable.
B. Notice of the amount of the Keller deduction will be included with the annual
licensing information provided to members, and detailed information regarding the
calculation of the deduction will be posted on the Bar's website. Members admitted
to the Bar during the course of a year will be advised of this notice with their initial
fee statements. Such members may demand arbitration within 45 days following
receipt of the notification. If arbitration is pending at the date of delivery of a
demand for arbitration submitted pursuant to this paragraph, the newly admitted
member's demand will be consolidated with the pending arbitration. All of the
provisions of this Article shall otherwise apply to demands for arbitration filed by
newly admitted members.
C. Except for requests for arbitration submitted by newly admitted members pursuant to
Paragraph (B) above, any member requesting arbitration of the calculation of the
amount of the Keller deduction for a licensing year must deliver a written request for
arbitration to the Executive Director on or before February 1 of the licensing year in
which the deduction is being challenged. Delivery may be made in person or by
first-class mail, and mailed demands will be deemed delivered upon mailing.
Demands shall include the name and address of the member or members demanding
arbitration, a brief statement of the claim or objection, identifying each challenged
activity with such specificity as to allow the Bar to respond, and the signature of
each objecting member.
1. Within 14 days ofreceipt of a timely demand for arbitration, the Bar will
submit the matter to the Chief Justice of the Washington Supreme Court for
appointment of an impartial arbitrator.
472
2. All timely demands for arbitration, including any timely demands received
after submission of one earlier received, will be consolidated.
3. A member demanding arbitration is required to pay his or her license fee and
assessments, excepting the amount in dispute, on a timely basis as otherwise
required by these Bylaws. Failure to pay the fees and assessments, other than
the amount in dispute, by the requisite date may result in suspension as
provided by these Bylaws or applicable comi rules.
4. Unless the parties agree to a different schedule, a hearing will be held within
30 days of the appointment of the arbitrator. The arbitrator will determine the
date, time, and location of the arbitration hearing(s) and will so notify the
parties at least 15 days prior to the hearing(s).
5. The burden is on the member(s), as a condition of arbitration, to identify each

challenged activity with such specificity as to allow the Bar to respond. The
burden is on the Bar to establish the accuracy of the determination of the
Keller calculation. Members demanding arbitration will have access to the
financial records upon which the Bar based the detennination of the amount of
fee that can be withheld. These records will be available for inspection and
copying during normal business hours. Copying will be at the member's
expense.
6. At the hearing(s), the parties will be permitted to participate personally or

through counsel admitted to practice in the state of Washington. All parties
will be given the opportunity to present evidence and to present arguments in
support of their positions. The following rules will apply to the arbitration
proceedings:
a. There will be no transcripts or post-hearing briefs; except, however,

post-arbitration motions for reconsideration or clarification are
permitted.
b. The arbitrator will issue a written opinion, stating the reasons for the
decision, within 14 days of the close of the hearing. The opinion will
be brief and will be based on the evidence and arguments presented.
c. The arbitrator will be compensated at an hourly rate established

pursuant to BOG policy for the hearing, preparation, and study time,
and will be reimbursed for all necessary expenses of the arbitration.
The Bar will pay for the arbitrator's services.
d. The arbitration is not a judicial proceeding but is sui generis. Except

for production of documents as set forth in Paragraph 5 above, or as
may be stipulated to by the parties, there is no discovery, and the civil
rules, arbitration rules, rules of evidence, and other court rules will not
apply.
473
7. The arbitrator will have no authority to add, subtract, set aside, or delete from
any court rule or these Bylaws.
8. The scope of the arbitration is limited to reviewing the challenged activities

specified for the purpose of determining whether the Bar has correctly
calculated the Keller deduction, and the sole relief potentially available
through arbitration is a change in the amount of the named parties' Keller
deduction for that licensing year.
9. The arbitration will be binding and the decision of the arbitrator final, with no
right of trial de novo or appeal.
3
474
REDLINE (8.15.2016}
XV. KELLER DEDUCTION
As a mandatory bar association, the Bar may not use compulsory license fees of any member
who obj ects to that u se for political or ideological activities that are not getmane, or reasonably
related, to regulating the legal profession or improving the quality of legal services. Keller v.
State Bar of California, 496 U.S. 1 (1990). These activities are considered "nonchargeable."
The Bar may use compulsory membership license fees for all other activities.
A. Under Keller, the Bar is required to identify that pm1ion of mandatory license fees
that go to "nonchargeable" activities and establish a system whereby objecting
members may either deduct that pm1ion of their fees or receive a refund. The
WSBA Bar sflall-will calculate the Keller deduction prospectively for each fiscal
year, using that fiscal year's budget and the actual activities of the Bar during the
prior fiscal year. The process to be followed in calculating the Keller deduction shall
will be as set fot1h in the Keller Deduction Policy. When calculating the Keller
deduction, the Bar shall use a conservative test for detetmining whether an
individual activity is chargeable or nonchargeable. When in doubt, the Bar 5hal+-will
en- in favor of the m embership by considering activities to be nonchargeable even
when a reasonable argument could be made that such activ ities were chargeable.
B. Notice of the amount of the Keller deduction-shall-will be included with the annual
licensing information provided to members, and detailed infotmation regarding the
calculation of the deduction shall-will be posted on the WSBA Bar's website.
Members admitted to the Bar during the course of a year sflall-w ill be advised of this
notice with their initial fee statements. Such members may demand arbitration within
45 days following receipt of the notification. If arbitration is pending at the date of
delivery of a demand for arbitration submitted pursuant to this paragraph, the newly
admitted member's demand shall-will be consolidated with the pending arbitration.
All of the provisions of this section At1icle shall otherwise apply to demands for
arbitration filed by newly admitted members.
C. Except for requests for arbitration submitted by n ewly adm itted members pursuant to
Paragraph (B) above, any member requesting arbitration of the calculation of the
amount of the Keller deduction for a licensing year shall-must deliver a w ritten
request for arbitration to the Executive Director on or before February 1 of the
licensing year in which the deduction is being challenged. Delivery may be made in
p erson or by first-class m ail, and m ailed demands will be deemed delivered upon
mailing. Demands sh all include the name and address of the member or m embers
demanding arbitration, a brief statement of the claim or objection, identifying each
challenged activity with such specificity as to allow the WSBA Bar to respond, and
the signature of each objecting member.
1. W ithin 14 d ays of receipt of a timely demand for arbitration, the Bar shall-will
submit the matter to the Chief Justice of the Washington Supreme Com1 for
appointment of an impa11ial arbitrator.
475
REDLINE (8.15.2016)
2. All timely demands for arbitration, including any timely demands received
after submission of one earlier received, shall-will be consolidated.
3. A member demanding arbitration is required to pay his or her license fee and
assessments, excepting the amount in dispute, on a timely basis as otherwise
required by these \VSBA bBylaws. Failure to pay the fees and assessments,
other than the amount in dispute, by the requisite date may result in
suspension as provided by these WSBA bBylaws or applicable court rules.
4. Unless the patties agree to a different schedule, a hearing shall-will be held

within 30 days of the appointment of the arbitrator. The arbitrator shall-will
dete1mine the date, tin1e, and location of the arbitration hearing(s) and shal
will so notify the parties at least 15 days prior to said-the hearing(s).
5. The burden is on the member(s), as a condition of arbitration, to identify each

challenged activity with such specificity as to allow the Bar to respond. The
burden is on the Bar to establish the accuracy of the determination of the
Keller calculation. Members demanding arbitration shall-will have access to
the financial records upon which the Bar based the determination of the
amount of fee that can be withheld. These records shall-will be available for
inspection and copying during no1mal business hours. Copying shall-will be at
the member's expense.
6. At the heaiing(s).i the parties will be permitted to participate personally or

through counsel admitted to practice in the state of Washington. All parties
will be given the oppo1tunity to present evidence and to present arguments in
support of their positions. The following rules shall-will apply to the
arbitration proceedings:
a. There will be no transcripts or post-hearing briefs; except, however,

post-arbitration motions for reconsideration or clarification are
permitted.
b. The arbitrator will issue a written opinion, stating the reasons for the
decision, within 14 days of the close of the hearing. The opinion will
be brief and will be based on the evidence and arguments presented.
c. The arbitrator shall-will be compensated at an hourly rate established

pursuant to BOG policy for the hearing, preparation, and study time,
and shall-will be reimbursed for all necessary expenses of the
arbitration. The Bar will pay for the aibitrator's services.
d. The arbitration is not a judicial proceeding but is sui generis. Except

for production of documents as set forth in Paragraph 5 above, or as
may be stipulated to by the parties, there is no discovery, and the civil
rules, arbitration rules, rules of evidence, and other court rules 5hall
will not apply.
476
REDLINE (8.15.2016)
7. The arbitrator 5hall-will have no authority to add, subtract, set aside, or delete
from any Supreme Com1 Rulecomt rnle or WSBA these B ylaw~.
8. The scope of the arbitration is limited to reviewing the challenged activities

specified for the purpose of determining whether the Bar has coITectly
calculated the K eller deduction, and the sole relief potentially available
through arbitration is a change in the amount of the named patties' Keller
deduction for that licensing year.
9. The arbitration 5hall-will be binding and the decision of the arbitrator final,
with no right of trial de novo or appeal.!.
477
XVI. AMENDMENTS
A. These Bylaws may be amended by the BOG at any regular meeting of the BOG,
or at any special meeting of the BOG called for that purpose under the_tenns of
these Bylaws.
B. All proposed bylaw amendments must be posted on the Bar's website and
presented for "first reading" at least one BOG meeting p1ior to the meeting at
which the BOG votes on the proposed amendment, and the BOG will not vote on
any proposed bylaw amendment at the meeting at which the amendment is
originally proposed, except as may be allowed below.
C. For good cause shown under exceptional circumstances these Bylaws may be
amended on an emergency basis, without the prior notice required above, by an
affirmative vote of two-thirds of the BOG; however, any such amendment will be
effective only until notice is given and a vote taken pursuant to the procedures set
forth above.
D. Notice of all bylaw amendments adopted by the BOG must be prominently posted
on the Bar's website within 14 days of the BOG's vote on the amendment.
478
REDLINE (8.15.2016}
XVI. AMENDMENTS
A. These bylaws Bylaws may be amended by the Board BOG at any regular meeting
of the BeaffiBOG, or at any special meeting of the Board BOG called for that
purpose under the_te1ms of these bylawsBylaws.
B. All proposed bylaw amendments must be posted on the WSBA Bar's website and
presented for "first reading" at least one Board BOG meeting prior to the meeting
at which the Board BOG votes on the proposed amendment, and the Board BOG
shall-will not vote on any proposed bylaw amendment at the meeting at which the
amendment is originally proposed, except as may be allowed below.
C. For good cause shown under exceptional circumstances these bylaws Bylaws may
be amended on an emergency basis, without the prior notice required above, by an
affirmative vote of two-thirds of the BeaffiBOG; however, any such amendment
shall-will be effective only until notice is given and a vote taken pursuant to the
procedures set fo11h above.
D. Notice of all bylaw amendments adopted by the Board BOG shall-must be

prominently posted on the WSBA Bar's website within 14 days of the Board's
BOG's vote on the amendment.
479
Comments on Proposed Bylaws
Received by the Bylaws Work Group
September 2016
Exhibit No. Commentator Date Page No.
Environmental and Land Use

1 September 13, 2016 1
Law Section
Bruce Gardiner/Gardiner Law

Firm
Ruth Laura Edlund/Wechsler

Becker LLP re Art. IX
4 Richard E. Potter September 9, 2016 7
5 Marjorie Gray September 9, 2016 9
6 Paul Swegle September 12, 2016 17
Ruth Laura Edlund/Wechsler

7 September 13, 2016 23
Becker LLP re Art. XIV
Randy Winn re publication of

8 September 11, 2016 30
information on WSBA website
9 Scott Schrum September 13, 2016 32
10 Randy Winn re Openness September 13, 2016 36
11 Ruth Edlund re Art. I September 13, 2016 43
Randy Winn re Email Meetings

12 September 14, 2016 44
and Minutes
480
Jean Cotton/Cotton Law
13 September 14, 2016 46
Offices
September 14, 2016
Kim Thornton/Animal Law
14 (originally received 86
Section
8/25/2016)
15 Ruth Edlund re APR 13(a) September 9, 2016 90
16 Proposed Alternative Art. IV September 19/2016 95
481
Environmental and Land Use Law Section
To: WSBA Sections Policy Workgroup
Re: Article XI Bylaw Amendments - ELUL Comments
The Environmental and Land Use Law Section ["ELUL"] appreciates the work of the Sections Policy
W orkgroup and all the work of the section representatives to represent the collective section point of
view. The ELUL Section writes separately to address three point, two of which are specific to how the
ELUL section operates. Please consider these as you make your comments to the Board of Governors on
this topic.
1. Bylaw Article IX, Section F(2)(a) says that section membership must elect a chair to serve for
one year. Currently, our chair position is only for one year, but our membership elects the chair for a
term that would begin a year later, having a first year as a "chair-elect" and then after a year of being
"chair" would serve as "past-chair" for a total of three years, which matches the terms generally on the
Executive Committee. We believe this arrangement importantly provides for continuity and, in fact, is
the same system employed by the BOG itself. The ELUL section writes to ensure that this provision is
written and understood to still allow this to occur.
2. Bylaw Article IX, Section G(3) says the nominations and elections must occur between March and
May every year. We understand one goal of making this was to ease section administration; however,
this is slightly off from our current schedule and we ask that the May date be moved to June. The ELUL
section annually holds its midyear conference in early May and it is at the annual meeting during this
conference that nominations are finalized by a vote. Elections occur thereafter, but generally do not get
done until June. We are concerned that requiring the election process to end in May would put more
work on Section staff. Either our Section would have to hold electronic nominations (which we currently
do not do) or following our conference in early May, the section liaison would have to scramble to get the
election done by the end of May. If just one more month were considered, there would not be more work
added.
3. Bylaw Article I generally changes the name of the WSBA to just the Washington State Bar. Our
main concern with changing the name, at present, is that it will result in unnecessary expenditures for
rebrandinglmarketing. We would much rather the Bar focus on maintaining or enhancing its current
levels of service and the fiscal and policy changes to accomplish that goal.
1
482
From : Gardiner Law Firm Standard
To : WSBABylaws; ~; karendenise@kdwjlsonlaw.com
Subject: Change in reimbursement policy
Date: Tuesday, September 13, 2016 10:55 :00 PM
I am the Treasurer for the Solo and Small Practice Section. One of the
changes I understand that has been proposed is to disallow reimbursement
for parking when attending section meetings, if less than 50 miles is driven.
I am asking that the change be reconsidered.
Most of our section Executive Committee meetings are held at the WSBA
headquarters. This saves the cost of renting a facility, and since one or
more Bar staff attend , it saves on their cost to attend . Since more than half
of the EC board members have to travel to the meeting , they incur the cost
of parking in the building garage or other nearby garages when the building
garage is full (which is often).This cost is considerable, usually starting at
$15 or $20 per hour.
Our EC meetings can be attended by conference call as well as in
person. Having to drive downtown and in addition pay the high parking
costs discourages the members from attending in person and negatively
encourages them to call in.
The reimbursement policy should allow the Sections to reimburse their
members for parking when attending Section meetings.
Sincerely,
Bruce Gardiner. ...
Gardiner Law Firm

PO Box 3134
Kirkla nd , WA 98083
(425)823-9456
2
483
DOUGLAS P. BECKER
WB~
LAW OFFICE RUTH LAURA EDLUND
ALAN S. FUNK
WECHSLER BECKER, LLP MICHAEL W. LOUDEN
Family Law Litigation, Mediation & Arbitration Est. 1988 DOMINIK MUSAFIA
LINDA M. ROUBIK
FRANCES TUREAN
RACHEL L. CULVER
IVY J. FIORETTI
AMY FRANKLIN-BIHARY
ANTONIA C. KOENIG
Darla A. Gates, Paralegal to Ms. Edlund

Email: darla@wechslerbecker.com
September 9, 2016
SENT VIA EMAIL
Bylaws Workgroup
c/o
1325 Fourth Avenue, Sixth Floor
Seattle, WA 98101
Re: Bylaws Workgroup!Article IX And Related Bylaw Issues
Dear Anthony and Other Bylaws Workgroup Members:
I would like to draw your attention to what I see as potential logical problems with draft Article
IX, currently (and problematically) titled "COMMITTEES, TASK FORCES, AND
COUNCILS," particularly as cross-referenced with Article IV C., "COM.t\1ITTEES AND
OTHER BAR ENTITIES'' (specifically relating to the Board of Governors (hereafter "BOG").
The statement was made, if I am recalling correctly, that because the Bar is one, all the rules
apply across the board to all "entities" because they do not have separate existence.
Unfmiunately that p1inciple seems to break down in application.
Because there are currently three separate versions of Article IV, to simplify this letter I will be
referring only to the 8. 15 .20 16 Version 1.
Threshold Problem: What Is The Interplay Between Article IX and Article IV C.?
My belief is that Article IX, "COMMITTEES, TASK FORCES, AND COUNCILS," was
probably not intended to have any relationship to Article IV C., "BOARD OF GOVERNORS
COMMITTEES." Unfortunately, however, when you look at the language of IX A. , it says:
1. " * * * T o facilitate the work of the Bar * * * the BOG may delegate such work to an
approp1iate Bar entity, such as committees, councils, task forces, or other Bar entity,
2. The work of *any Bar entity* established by the BOG must:
[and then a list of requirements]
I I
701 FI FTH AVENUE Sl.HTE4550 SEATTLE, WA98!04
T el: 206-624-4900 I Fn x : 206-3 86-7896
w w w . we c h s t e r b ec k e r. co m
3
484
Letter to Bylaws Workgroup - September 9, 2016
Page 2 of 4
(emphasis added).
If you look at IV C. l. "BOARD OF GOVERNORS COMMITTEES", that section says:
"The BOG may delegate work to BOG standing committees, special committees, work
groups [sic-I think we are calling them workgroups, one word] or other subgroups
however defined. "
Looking at it from the outside, how does one know if a "subgroup" or "entity" has been
established pursuant to Article IX or Article IV?
If you then look at the specifics of IX versus the specifics of IV C., you will find them to be
somewhat in conflict, particularly as regards who may serve and who may vote. I really don't
think this was intended, and if so, I think it should be changed, but I'm really not sure what you
actually want to do.
I think that what you were trying to do in the bylaws was to allow BOG to establish entities
within itself to do what I will call, for lack of a better term, "BOG-specific work," e.g.,
assembling the budget (thus, "Budget and Audit Committee"). Let's call them "BOG entities."
You also want, I think, BOG to be able to establish entities not limited within itself to do broader
work, fo r lack of a better term "Bar work," which would then be "Bar entiti es." It looks to me,
however, like BOG really doesn't want the mies being set up for Article IX "Bar entities" to
apply wholesale to Article IV "BOG entities," in the same way that it also doesn't make sense
for some of the rules for Article IX "Bar entities" to apply to Article XI Sections across the board
because they're different, in the same way that, say, an Atiicle IX "Council" functions
differently from an Article IV C. "standing committee" (or even an Article IX "committee").
Parenthetically, this is where the idea that all entities are completely the same really fall s apart
for me. They may be a pati of the whole, but they function in different ways, so absolutely
un.ifonn rules don't make sense if "Councils" get a special rule.
As a matter of governance, if something called a "committee," a "workgroup," a special

committee," or any other catchall designation, can be established under two different Atiicles of
the bylaws providing for different memberships, different voting requirements, etc., it may cause
substantial confusion if it is not made clear whether an entity is an Atiicle IX entity or an Article
IV C. entity. For example, I recall a discussion some time back in which Jean McElroy stated
that the Sections Policy Workgroup was an Atiicle IX workgroup. However, it seemed to operate
conceptually, at least initially, as an Atiicle IV C. workgroup.
One fix for the future might be for the chatier or originating document to state under which
Article it has been constituted, e.g.: "The BOG will designate under which Bylaw Article it
establishes an entity."
4
485
Page3of4
Why Not Rename Article IX?
In keeping with the comments above, Article IX could be renamed " BAR ENTITIES" rather
than enumerating three types of such entities. The text makes it clear that this Article is not
limited to "committees, task forces, and councils," and "committees" could refer back to Article
IV. C.
"The Work Of The Bar" And Other Wording In IX.A.
IX.A. I. should without question read:
"The work of the Bar is accomplished by the BOG, [the officers of the Bar*,] the staff of the Bar,
and the Bar's volunteers.
*Something that is a little murky to me still about Article IV is that the Officers of the Bar
appear to be, by definition, members of the Board of Governors, if not before becoming officers,
then by virtue of their becoming officers of the Bar. If this is the case, it is redundant to call those
officers out separately.
I think using the word "delegate" in Article IX as opposed to Article IV isn't quite right. When
BOG establishes a "BOG entity," it's assigning different BOG-specific work to specific
Governors within BOG who, by virtue of their election or appointment, have obligations to the
organization. That seems to me like pure delegation. When BOG establishes a "Bar entity,"
however, it is reaching out more broadly to "incorporate[ e] expe1tise and additional viewpoints
from the broader community"-in other words, it is tapping volunteer resources. I think more
expressive language might be: "To faci litate the work of the Bar * * * the BOG may establish
Bar entities tasked with this work."
IX.A.3., in keeping with the theme of sin1plification, should say, "A list of the current Bar
entiti es and their functions will be maintained by the Executive Director and posted on the Bar's
website." Recuning and nomecurring "committee" reference should be to "Bar entity." Might
not be a bad idea to include in the list any entity tennination dates.
The "General Duties and Responsibilities" section currently in IX.B .3. could in large pa1i be
merged into IX A. Some of the language in IX.B .3., for example, appears to be redundant to
IX.A.2. I will leave it to the Workgroup's capable hands to work through these additional
changes if it feels that this strnctural change has merit. It may be that you may not want some of
these to apply to councils, but some of them clearly already do. I think it would the document
easier to fo llow.
Structure of IX B. and IX C.
It doesn't make sense to put the catchall provision, IX.B, "Committees and Other Bar entities,"
inunediately before the specific provision, IX.C, "Councils." You could change IX.C.
5
486
Letter to Bylaws Workgroup - September 9, 20 16
Page 4 of 4
"Councils" to IX B. You then could break old IX.B. to two sections: IX.C. "Committees" and
IX.D. "Other Bar Entities." This might eliminate a lot of repetitive language.
I have spent probably more time than I should pondering whether something is "created and
authotized" by the BOG or whether the word order should be "authorized and created" (we don't
want BOG creating entities before they are authorized!) and then whether it was necessary to say
that a "committee" is "authorized" by the BOG when it is actually the bylaws that authorize
BOG to create (or establish) a committee. My conclusion is that the word "authorized" is
redundant here. Futihennore, to keep your language consistent with IX.A, only a page earlier in
your document, it would be more elegant to say that Bar entities are "established" by the BOG
(that, or change "established" to " created" in IX.A.2).
Other Comments
I don't see any requirement that each Article IX. Bar entity have a specific chaiier or originating
document. I think it would be helpful in understanding each entity' s scope of work.
I hope these comments are helpful to the Workgroup. 1 will try to provide other comments as my
responsibilities permit.
Sincerely,
WECHSLER BECKER, LLP
ON: cn-Auth Llur.1 Edlund.
OWcchslct Bcdtrr. LLP, OU,
em;ail.:mt~wt<hsl~bcck cr.com,
c-US
Rcason:GR JO digital signturc
.
r~:,, (t-. ...1
~
.ift.. 1... -
~.
l oc.1ion: Seattle, WA
'011t:2016.09.09 1l:J9:'48 07'00
AdcbeAcrobilll VCfSIOn: 11.0.17
Ruth Laura Edlund
RLE/dag
6
487
From : SNiillls
To: WSBABylaws
Subject: FW: proposed WSBA bylaw changes re sections
Date: Wednesday, September 14, 2016 9:55:34 AM
Paris A. Eriksen I Sections Program Manager

Washington State Bar Association I 'a' 206.239.2 116 I parise@wsba.org I sections@wsba .org
1325 Fourth Avenue #600 I Sea ttle, WA 98101-2539 I www. wsba.org
From: Richard Potter [mailto:potterre@frontier.com]

Sent: Friday, September 09, 2016 1:17 PM
To: Sections
Cc: potterre@frontier.com
Subject: proposed WSBA bylaw changes re sections
Proposed C.2. is inconsistent with proposed F. 1., and 2., and p roposed F. 1., and 2. are
inconsistent w ith proposed F.3. and proposed H.1.
C. MEMBERSHIP
2. If provided for in the section byl aws, any Emeritus/ Pro Bono member
pursuant to APR 8{e), Hou se Counsel under APR 8{f), professor at a
Washington law school {whether licensed in Washington or not}, or any
lawyer who is a full time lawyer in a branch of the milita ry who is stationed in
Washington but not licensed in Washington, may be a voting member of the
section and eligible for election to office in the Section. {Emphasis added.)
Vs
F. SECTION EXECUTIVE COMM ITIEE.

1. *** Voting members of a section executive committee mu st be Active
members of the Bar and a member of the section for their entire term of
office on the executive committee. ***
2. Officers. Officers of a section executive committee must be Active members
of the Bar and elected by the section membership to complete the one-year
term of office.***
3. At-Large Members. At -large members of the section executive committee
shall be voting members. ***
(Emphasis added.)
7
488
1. The section executive committee shall appoint, by a majority vote, voting
members to fil l vacancies on the section exec ut ive committee. ***
C.2. would allow several types of non-WSBA-a ctive members to be "a voting member of the
section and eligible for election to office in the Section." (Emphasis added.} But F. 1. and 2.
would require section officers to be " be Active members of the Ba r," w hile t here is no such
requ irement in F.3. or H.l.
Proposed I. is unclear.
I. OTHER COMMITIEES.
The section executive committee may create other committees pursuant to this
provision, as necessary to fu rther the purposes of the section. Section committees,
section committee chairs, and section committee members serve at the discretion of
the section execut ive comm ittee.*** (Emphasis added.)
What does "pursuant to this provision" mean. If it simply means that the "I. OTHER
COMMITIEES" bylaw provision authorizes section executive committees to create section
committees, " pursuant to this provision" is unnecessa ry and, therefore, confusing, in which
case it shou ld be deleted . If it is supposed to mean something else, further expla nation is
required.
Richard E. Potter
8
489
From : ~
To: WSBABylaws
Subject: FW: [section-leaders] WSBA Bylaws: Learn More and Share your Feedback!
Dat e: Wednesday, September 14, 2016 9:55:42 AM
Attachments: Page from July2016PublicSession.doc.docx
Page from July2016PublicSession.doc.pdf

Washington St at e Bar Association I ~ 206.239.2116 I oarise@wsba.org I sections@wsba.o rg
1325 Fourth Avenue 11600 I Seattle, WA 98101-2539 I www.wsba.org
From: Gray
Sent: Friday, September 09, 2016 4: 15 PM
To: WSBA Section Leaders
Subject: RE : [section-leaders] WSBA Bylaws: Learn More and Share your Feedback!
Thank you for the graphic that you shared. I had not realized that I cannot become an
Emeritus/Pro Bono member, after my 37 years of public service, because I have not actively
practiced law for five of the last ten years, by t he bar's definition.
I raised my desire to continue to be eligible to be a member of the Administrative Law Section

Executive Committee with my Governor, Phil Brady, early on in this process, and another two
times during the past year. Currently I cannot serve as an officer, but can parti cipate on the
Executive Committee. If these new proposals are adopted, I may not even be able to be an active
member of th e section.
I had the stron g impression that Phil Brady heard my conce rns, and that judicial members were
going to be able to be members of Section s, Section executive boards, and t o particip ate more
complete ly in the Bar while working as administrative judges and after our judicial terms end.
I have to say that I don't see why th ese changes would be considered good for the Bar.
Rega rds, Marjorie
From: Ruth Edlund [mailto:rle@wechslerbecker.com]

To: Gray, Marjorie (DSHS/PER)
Subject: RE: [section-leaders] WSBA Bylaws: Learn More and Share your Feedback!
Marjorie,
Under the current/proposed definition I believe "judicial" status is not "active" status.
(My cyn ica l speculat ion is because th e licensing f ees for judicial members are only $50, so they
9
490
don't wa nt to give them full benefits)
However, they * could * be were th e definition drafted differently.
Ruth Laura Edlund (adm itted NY, WA)

Wechsler Becker, LLP
701 Fifth Avenue, Ste 4550
Seattle, WA 98104
206.624.4900
From: Gray, Marjorie (DSHS/PER) [mailto:GrayMR2@dshs.wa.gov]

To: Ruth Edlund <rle@wechslerbecker.com>
Subject: RE : [section-leaders] WSBA Bylaws: Learn More and Share your Feedback !
Ruth, is it your understanding that "judicial m~mbers" of the bar, who pay dues and report CLE
hours, are a subset of th e set "active members?" I know at one point you were looking at t his in
some detail. Thanks,
Marjorie Gray, WSBA #9607
From: Ruth Laura Edlund [mailto:rle@wechslerbecker.com]

Subject: FW: [section-leaders] WSBA Bylaws: Learn More and Share your Feedback!
If I have misunderstood the t imeline, and the actual oppo rtu nities that I will have, outside of my
role as a workgroup m ember, t o provide written mate rials to the Board of Governors on these
criti ca lly important issues, please correct me.
Tim e is very short for m e to make add itiona l submissions. I am not a conspiracy theorist and
conseq uently I know that th e BOG w ishes t o hear w hat I have to say.
Ruth Laura Edlund (admitted NY, WA)

701 Fifth Avenue, St e 4550
Seattle, WA 98104
206.624.4900
From: Ruth Laura Edlund [m ailto:rle@wechslerb ecker. co m]

Sent : Thursday, September 8, 2016 2:57 PM
To: WSBA Section Leaders <se cti on-leaders@list.wsba.org>
Subject: RE: [section-leaders] WSBA Bylaws: Learn More and Share your Feedback !
10
491
Paris (I think you' re just the messenger here):
Thank you for your response.
As I parse through the origina l email and your followup, it appears that the only way that I as an
individual can be assured that any materials ("feedback") I submit will be included in the Board
materials, is to send them by thi s coming Wednesday:
"If you would like your feedback included in the Board materials, please submit it by September
14."
AND
"Both * workgroups * will have the opportunity to su bmit or modify thei r materials as late
materials." (emphasis added).
From the above t wo sentences read in pari materia, I conclude that * individuals* will not have the
opportunity to submit or modify their materials sent to the BOG as late materia ls after
Wednesday.
As an individual, therefore, it appears that I can only submit written materials to be inclu ded in th e
BOG book if I submit them before the last two workgroup meetings are even held (and if I want to
participate in the Town Hall, I won't even have until the end of the day to submit my comments,
because that meeting starts at 4 p.m. on 9/14). My written materials will therefore be out-of-date
before they are ever considered by the BOG.
My other option, apparently, is t o provide feedback in-person at the BOG meeting. Although I am
grateful to be extended this opportunity: (1) there is no guarantee that I will be called on. I do not
have a right to *speak* at those meetings, only atte nd them. {2) Some of the more technical
comments I may wish to make will get lost in the sh uffle, because they will req uire cross-
referencing various sections of the Bylaws. Thi s is tedious to do in ora l remarks, and most people
would like to be able to review such cross- referen cing in advance, not min utes before a vote. Small
changes in wording can create big changes in meaning. I can reca ll, and I believe that Mr. Gipe can
confirm, that I rais ed four separate issues at th e August 23 BOG meeting about language problems
in the then -current Bylaw drafts th at would need to be addressed, because I had made "va lid
points." Based on my review of th e language that I believe to be the most current draft of the
Bylaws, however, there are other issues that I believe need to be addressed purely from a drafting
perspective regardless of how one feels about the policy issues. In other words, I have reason t o
be lieve that I have other points to make that others will acknowledge to be valid as well.
I understand that many people involved in th ese issues are volunteers. I rema in puzzled why their
work produ ct, which will be the operating document of a multi-million dollar association, is being
promulgated in a way which is minimizing the opportunity for actual constructive (althoug h loyal!)
critiqu e. I have no illusions that I am the smartest bunny on the block and I am absolutely certain
11
492
that other pairs of sharp eyes can catch other prob lems. (For years I made people proofread
important briefs of mine with a do llar-per-typo-found bounty. I'm not suggesting any payouts
here, but I don't understand why t he assistance of t he membe rship, who are all grownups with
some skil l, is seemingly being discouraged rather t ha n encouraged).
I believe I have pointed out befo re t hat t he first dra fts of any actu al bylaw revisions we re not
circulat ed for discussi on until Decembe r 2015. The scope of t he revisions in some cases went
co nsiderably beyond the BOG's response t o t he Gove rnan ce Task Fo rce Report. The rece nt
emphasis, th erefo re, of th e Bylaw changes being th e "cul mination " of a " long process" is not
entirely apro pos. The actu al wording being proposed t o implement the process is quite recent; th e
precise w ording is, in my mind , quite import ant; and the se verely t runca ted schedule for review
and comment is stifling adeq uate consideration of t hese important proposed cha nges and a full
understanding of their possible consequences, including the effect on the finances of the
association.
If I have misunderstood t he timeline, and t he actual opportunit ies that I will have, outside of my
role as a wo rkgroup member, t o provide w ritten materials t o th e Boa rd of Governors on these
critically important issues, pl ease correct me.
Rega rd s,
Ru t h

701 Fifth Ave nue, Ste 4550
Seattle, WA 98104
206.624.4900
From: Paris Eriksen [mailto:parise@wsba .org]

Sent: Thursday, September 8, 201 6 1:52 PM
To: Ruth Edlund <rle @wechslerbecker.com>; WSBA Section Leaders <secti on-
leaders@list .ws ba.o rg>
Subject: RE: [secti on-l eaders] WSBA Bylaws: Lea rn M ore and Share your Feedback!
Rut h,
Thank you fo r your questio n.
This ema il was intend ed t o remind section leaders of t he diffe rent channels available t o share
feedback. Someone may choose to share t heir feedback directly with the Board by having a written
response included in th e BOG mat eria ls, or in-pe rson at th e Boa rd meeting. Someone may choose
t o provide feed back to one or both of th e workgro ups fo r th eir consideratio n. Both workgroups
12
493
w ill have the opportunity to submit or mod ify thei r mate rials as late materials. Individual feedback
provided to t he workgroups may not be shared w ith the Board in its original format. It is also
possible t hat someone may wa nt to communicate bot h directly t o the Board and to the most
releva nt workgroup.

Was hington St ate Ba r Association I.. 206.239.2116 I oarise@wsba.org I sections@wsba.org
1325 Fourth Avenue #600 I Seattle, WA 98101-2539 I www.wsba.org
From: Ruth Edlund [mailto:rle@wechslerbecker.com]

Sent: Thursday, September 08, 2016 12:50 PM
To: Paris Eriksen; WSBA Section Leaders
Subject: RE: [section-leaders] WSBA Bylaws: Learn More and Share your Feedback!
If the deadline for feedback to the Board of Governors is 9/14, but the Sections Policy Workgroup
and th e Bylaws Workgroups are not meeting until 9/15, how are we going to be able to give
feed back that will be relevant to the materials that w ill actually be considered by the Board of
Governors on 9/29 to 9/30?
Re spect fully,
Ruth Ed lund

Seattle, WA 98104
206.624.4900
From: Paris Eriksen [mailto :parise@wsba.org]

To: WSBA Secti on Lea ders <sectjon-leade rs@ list.wsba.org>
Subject: [sect ion-leade rs] WSBA Bylaws: Learn More and Share your Feedback !
Section Leaders,
There are ma ny ways to learn about, provide feedback, and participate in a dia logue regarding the
proposed changes to t he WSBA Bylaws. Please review t he below list of important dates and
information regarding these proposals.
As a reminder, info rmation about the .8..ilii, the Sections Policy Workgroup and the Bylaws
Workgroup can be fou nd onli ne .
13
494
Sections Policy Workgroup Feedback Deadline: September 13
Please provide any feedba ck, questions, or conce rn s you have regarding the proposed cha nges to
Article XI of the WS BA Bylaws re lating to sections attached. These are unchanged from the version
we se nt August 16. Share your feedback t o any member of the Sections Policy Workgroup or to
sections@wsba.org. All Wo rkgroup members have been asked to share the written feedback with
the rest of the Workgroup in advance of the Workgroup's meeting on Thursday, September 15.
Please note: the Sept embe r 15 Workgroup meeting (agenda atta che d} is t he final meeting for this
Workgroup as it is currently constituted.
Some of the proposed changes to Article XI of the WSBA Bylaws include :

adding language regarding minimum standards for executive committee composition and
governance,
changing the number of active members required for form ing or t erminating a section, and
providing a uniform nominations and elections process.
BOG Materials Deadline: September 14

Please provide any feedback, quest ions or concerns you have regard ing the proposed changes to
the entirety of the WSBA Bylaws, including Article XI. Send feedback to any member of the Board
of Governo rs, secti ons@wsba.org, or WSBAbylaws@wsba .org. If you would like your feedback
includ ed in the Board materials, please submit it by September 14. The next Board of Governors
meeting is sched uled for September 29 - 30 at WSBA. You are encouraged to attend the Board
meeting in September to participate in the continued discussion.
Some of the proposed changes to the WSBA Bylaws include :

expanding the definition of members of WSBA to be inclusive of LLLTs and LPOs,
removing the te rm Association from the orga nization's name,
adding seats on the Board to be held by a member of the public and a LLLT or LPO, and
cla rifying language rega rding the Bar's open meetin g policy.
Important Upcoming Dates:

Septembe r 13 - Feedback due rega rding Article XI of the WSBA Bylaws - Section s Policy
Workgroup
September 14 - WSBA Town Hall Discussion (with Chief Justice Madsen as a panelist)
September 14 - Feed back deadline for inclusion in the mate rial s - September BOG Meeting
Septem ber 15 - Sectio ns Policy Workgroup Meeting
Septe mber 29 - 30 - WSBA Boa rd of Govern ors Meeting
Thank you in advance for taking the time to provide feedba ck rega rding the proposed changes t o
the WSBA Bylaws.
Cheers,
'PeNVW

W ashington State Bar Association I ~ 206.239.2116 Ipar ise@wsba.org I sectioo s@wsba.org
1325 Fourth Avenue #600 I Seattle, WA 98101-2539 I www .w sba.org
14
495
You are currently subscribed to section-leaders as: rle@wechslerbecker.com. If you wish to
unsubscribe, please contact the WSBA List Administrator.
You are currently subscribed to section-leaders as: rle@wechslerbecker.com. If you wish to

You are currently subscribed to section-leaders as: !rraymr2@dshs.wa.gov. If you wish to

You are currently subscribed to section-leaders as: sections@wsba.org. If you wish to unsubscribe,
please contact the WSBA List Administrator.
15
496
1. ACTIVE
ACTIVE LAWYER MEMBER 1. WSBA administration (including Finance, Administration, the Board of $385.00
Full license fee Governors, Communications, Human Resources, Office of General Counsel
MCLE; annual Professional Liability Ins. and Trust account reporting and Technology)
Annual LFCP assessment 2. Services that benefit or protect the public (such as access to justice,
License to practice law; WSBA voting member; access to all services outreach and education, the Practice of Law Board, and Regulatory
Services)
3. Member benefits programs (such as CaseMaker, LAP, LOMAP, Sections,
NWLawyer, Licensing and Membership records
4. Discipline , Audits and Professional Responsibility Program
New Attorneys have lower MCLE reporting requirements for first four years and reduced license fee for first two 5. Services supporting entry into practice, such as Admissions/Bar Exam, $192.50
years after licensed to practice in any jurisdiction as per WSBA policy Young Lawyers, New Lawyer Education
6. Services supporting active WSBA members (including Bar Leaders,
Sections Administration )
2. INACTIVE
INACTIVE - LAWYER MEMBER 1-3 above and Discipline apply to Inactive lawyers $200.00
May not practice law; non-voting member
Not required to earn/report MCLE credits; no Professional Liability Ins. or Trust account reporting Functions/services not applicable to Inactive Lawyers:
Continued affiliation with WSBA facilitales membership change to Active 4. Audits and professional Responsibility Program
Eligible for certain member benefits (e.g. CaseMaker, LAP, LOMAP, Sections non-voting membership, 5. Services supporting entry into practice
NWLawyer, licensing/membership records assistance) 6. Services supporting active WSBA members
INACTIVE - HONORARY MEMBER: available to all 50 year members (Active/Judicial); may not engage in $0.00
practice of law; remain member but no license fee, LFCP assessment, MCLE, Professional Liability Ins. or Trust
account reporting
INACTIVE - DISABILITY MEMBER: disabled; may not practice law; no license fee, MCLE or other reporting $0.00
requirements; to return to Active, must demonstrate disability has been removed
3. EMERITUS/PRO BONO
Retired lawyer who has actively practiced law (a) for at least 5 of last 10 years in WA; or (b} at least 10 of last Same as for Inactive; may serve on Task Forces, Councils or Institutes; up to two $200.00
15 years outside jurisdiction. Must complete required training; may only practice on volunteer basis for may serve on pro bono legal aid committee, including service as Chair, Co-Chair,
Qualified Legal Services Provider. or Vice-Chair.
Remain member who can engage in limited practice of law; not required to earn/report MCLE credit or
complete professional liability or trust account reporting. May be voting member of some sections.
4. JUDICIAL
Option available to Judicial Officers not engaged in practice of law. Must provide annual registry information; Same as for Inactive; may serve on WSBA Task Forces, Councils or Institutes. $50.00
may pay annual license fee to preserve eligibility to transfer to other membership class upon leaving judicial 98
service. ALJs must meet Active Member MCLE requirements.
497
September 12, 2016
Board of Governors
1325 Fourth Ave., Suite 600
Seattle, WA 98101-2539
Re: Comments on Proposed Bylaw Amendments
Dear Members of the Board of Governors and other WBSA Leaders,
I provide these comments solely as a member of the WSBA, not in my capacity as Chair of the Corporate
Counsel Section, as a member of the Securities Law Committee of the Business Law Section or as a
Section Leader Representative of the Sections Policy Workgroup.
Increasing Centralization at the WSBA
Consistent with my remarks at the Board of Governors ("BOG") meeting in Walla Wa lla on July 22, and
at the BOG meeting in Seattle on August 23, the proposed Bylaw amendments seem to be part of a
larger trend in w hich the WSBA is becoming more centralized and more insulated from its members.
Among other concerns I have already pointed out:
In addition to these significa nt Bylaw amendments under hurried and somewhat haphazard
consideration now, the BOG will soon also consider whether and how to limit members'
referendum rights. President Hyslop made it very clear to me at the August 23 meeting that the
BOG intends to address this issue separately. That, in fact, is part of my concern, as explained
more completely below.
No specific reasons have been provide d to justify or explain the proposed Rule 12 changes and it
remains unclear to me whether or not the WSBA leadership seeks through these and/or other
changes to place the WSBA under tighter control and supervision by the Washingt on State
Supreme Court (the "Court"). If so, why, and w hat would that look like ultimately?
At the August 23 meeting, with Chief Justice Madsen seated off to my right (invited I' m sure to
facilitate the free flow of constructive feedback from members), I asked Executive Director
Littlewood the same question. She replied simply that she envisions no changes.
Other BOG members added in later discussions that no substantive changes are intended with
the Rule 12 changes .
These answers beg the question of why the Rule 12 changes are necessary or appropriate. They
must be important to someone. Please explain. What is changing vis-a -vis the Court? Why is
every aspect of WSBA activity increasingly conside red to be "state action" by the WSBA
leadership? This is becoming increasingly problematic from the perspective of many members,
myself included. I hope to be able to ask Chief Justice Madsen for greater clarity at the Town
Hall on September 14, but I am not optimistic about receiving a more expansive explanation.
17
498
Just months ago the BOG debated rel inquish ing its right to terminate t he WSBA Executive
Director unless such termination is approved by t he Court. This is presumably someth ing that
cou ld come up again and I w ould like to understand why this wou ld be good for t he WSBA. And
how woul d the Court go about making such a decision?
The origina l proposals of the Sections Policy Workgroup would have taken all of t he Sections'
fund s away, along with much of their ability to self-govern.
The Sections Policy Workgroup's surprising initial proposals may or may not have been part of a
larger, integrated plan to transform th e Bar, but it would be illogical for members to ignore (i)
the fact that the Sections Policy Workgroup and the By laws Workgroup are both simultaneously
chaired by th e same person, Anthony Gipe, (ii) the fact that Mr. Gipe also played a key role on
th e Governan ce Task Force from w hich the proposed Bylaw amendments have emanated, or (iii)
the fact that Mr. Gipe was appointed and not elected by the members to both the BOG and to
the Presidency.
If nothin g else, Mr. Gipe's rise to power w ithout being elected and his subsequent role in
bringing about rapid and substantial changes demonstrates the fact of and t he relevance of bot h
(i) centralization and (ii) the simultaneou s redu ction of the role of members in govern ing t he
WSBA.
Reducing Members' Governance Influence Insulates th e WSBA Leadership
Many of th e proposed chan ges com ing from th e current WSBA leadersh ip tend to reduce the abi lity of
the members to influence WSBA governance. I believe th e justification for this is a desire to make the
WSBA more like a government agency that is directly accountable to the public for delivering a more just
and equitable lega l system . From a governance perspective, however, I am very concerned that cha nges
th at reduce th e members' say in gove rna nce actually insulate the WSBA leadership from constructive
critique and also further alienate the members. These unintended consequences could substantially
reduce the effectiveness of the WSBA in meeting the very objectives it might be hoping to pursue w ith a
more free hand and a free purse.
As noted above, it is unclear t o me how the BOG or the WSBA executive leadership want to change t he
WSBA's relationship w ith the Court, but I believe any increase in th e Court's day-to-day contro l over
WSBA administration w ill insulate the existing WSBA Executive staff from criti que by the members,
especia lly in the near term, give n the close personal relationships that appear t o exist between the
Court and th e WSBA' s se nior staff (according to persons w ho are more knowledgeable about such
behind th e scenes details than I am).
Where are These Cha nges Leadi ng?
At the August 23 meeting I said t hat I w ish the WSBA leadership's approach to the proposed Bylaw
amendments more closely resembled what is required under th e Williams Act w hen a person or
co mpany starts buying up th e stock of a company. Specifically, Item 4 of Schedu le 130 req uires one to:
"... state the purpose or purposes of the acquisition of securities" and "describe any plans or
proposals which the reporting persons may have which relate to or would result in certain"
18
499
enumerated types of changes in the management, composition, operation and policies of the
issuer."
As a former SEC lawyer, this strikes me as a perfect parallel for the disclosures I would like to see. Please
tell us the big picture.
There are analogous concepts throughout the law that BOG members should be familiar with, including
the requirement in an Environmental Impact Statement to disclose and analyze future anticipated
activities and their "cumulative impacts" when combined with presently proposed activities, and also
the "step transaction doctrine" in tax law, under which a series of formally separate steps is combined,
resu lting in tax treatment as a si ngle integrated event.
The members simply do not understand how the proposed Bylaw amendments, Rule 12 changes,
possible changes to the referendum rules, clamping down on routine Section budgeting and spending,
changes to the Executive Director's terms of office, and other aspects of decision making authority that
might be turned over to the Court all fit into the overall vision that the WSBA leadership has in mind.
Absent any other explanation, my hypothesis is that the Court, through Chief Justice Madsen, is
consulting w ith the WSBA leadership, perhaps behind the scenes, to steer the WSBA in a more
centralized direction, with less risk of member interference, in order to impose even more aggressive
strategies toward the. lau dable goals of increasing access to justice and increasing diversity in the
profession. Perhaps the Chief Justice will shed light on whether and how she would like to re-shape, re-
direct or reinvent the WSBA at the September 14 Town Hall meeting.
As noted above and below, I not believe centralization and decreasing member influence in governance
will actually enhance the WSBA's ability to pursue its goals and aspirations.
Member Sentiment is Shifting Regarding Bifurcation
Another observation I made at the August 23 meeting is the increasing number of members who tell me
they have given up on the WSBA. Many have decided to take their professional activities and interests
elsewhere - voting with their feet to commit their volunteer time and energy to other groups. They're
gone. I also noted that a number of other very experienced and respected members are now actually
committed to the goal of bifurcating the Bar. These members say, each in their own way, that they have
lost interest in the increasingly fut ile struggle to meaningfully influence the WSBA. For these folks, the
uncertainty, the difficu lty and the potential benefits of bifurcation now look better than staying the
course with a professional relation ship that dates back some 133 years.
The WSBA leadership shou ld consider asking members a simple question - " Dear Member, if the
professional association side of the house was offered a clean, supportive break from the licensing and
regulatory side, would you vote to stay or go?"
I believe the answer would be surprising to all - and much different today than just a couple years ago.
The BOG's recent actions seem to be greatly increasing the popularity of bifurcation as a solution to a
growing range of concerns and grievances.
At the August 23 meeting, I asked Executive Director Littlewood if bifurcation might not be the best
solution for the professional association side of the house. I was pleased to hear her say that th e WSBA
19
500
is much stronger as an integrated Bar. In responding, though, she added that bifurcation would require
approval by the Court and she said, as I recall, that such approval was unlikely. In saying this, I believe
she even gestured toward the Chief Justice.
As I responded then, and as I say here again, in slightly different words, I would not be so confident that
a group of 30,000+ lawyers wouldn't be able to successfully devise a plan to take back their professional
association, particularly if the benefits of doing so clearly and substantially outweigh the costs.
Transaction lawyers and litigators frequently take on "impossible" causes with great success.
Many years ago at Plum Creek Timber, Inc. I worked on the successful 1-90 Land Exchange. Many
environmental groups initially opposed the transaction and it looked fairly impossible. But through
ingenuity and persistence we succeeded and it yielded great benefits for the company and for the
public. Not much after that we also converted Plum Creek into the first publicly traded timber-REIT. I
remember splitting the company into 14 separate operating entities, paying $20 million for a single-
purpose tax insurance policy, arguing with the SEC and fighting a major proxy battle. Again, complex,
uncertain, expensive and heavily litigated for sure, but not impossible. And ultimately quite successful
and worth the effort, as might be bifurcation at some point.
Proposed Bylaw Amendments
In my following comments on the proposed amendments I am focusing on just a few issues - the
proposals that I believe w ill cause the most harm to the unity and functioning of t he WSBA and that will
be the most difficult to reverse in the future.
An important change I'm not addressing is the addition of LLLTs and LPOs as full "Members" of the
WSBA. I tend to favor an inclusive view of the Bar Association. I accept the overall logic of the limited
licensee program and I believe integrating those persons fully into the WSBA is the best way to protect
and best serve the public. That said, there are persons in other Sections who are much closer to these
issues and they should take the lead in commenting on them.
Ruth Edlund, for example, has pointed out several important unaddressed concern s, including that the
projected cost of member benefits by the 2018 dues cycle is well in excess of what the limited licensees
will be contributing and yet there has apparently been no financia l assessment of that imba lance by the
BOG as the WSBA's fiduciaries.
Name Change
First, I continue to urge the BOG to vote against dropping the word "Association" from the WSBA's
name - a name in continuous use since 1883. Frankly, in the present context, this proposal looks and
feels like a symbolic slap in the face to th e members.
The initial reason for the change, offered early on by the Governance Task Force, was "to correct th e
erroneous impression" that the WSBA is "something like a trade association." The WSBA may not be
"something like a trade association," but to most members it is something like a professional
association. And yes, I know the WSBA leadership now wa nts to give a different reason or two for the
proposed change, but that's not how it works - noun-showing your cards, sorry. If the current
leadership ca res to show that it's not downgrading the relevance of the members it should ditch this
wholly unnecessary and highly divisive proposal.
20
501
Creation of Three More Board of Governors Seats
The proposed Bylaw ch anges to create th ree more BOG seat s beyond t hose provided in the Bar Act
directly red uce member infl ue nce ove r WSBA governa nce.
As I and ot hers have noted, giving limited license practitioners t wo seats on t he BOG is vastly out of
proport ion t o th eir numbers - are there eve n t wenty regist ered limited license practitioners yet? Two
seat s fo r such a small group is fa cia lly unreasonable.
The t hird proposed seat on th e BOG is for a member of the public. The most common ly offered reason
for this recommendation is that bot h Ca lifornia and Oregon have members of the public on their Bar
Boa rds of Governors and have fo und t hem helpfu l. I do not find this logic or any other explanations
provided to date com pelling. I have seen no evidence t hat either of those states' Bars are doing a better
job in any res pect th an we are. I also have seen no out cry for public represent ation on the BOG
anywhere in th e media.
I urge th at th e BOG scale back th ese proposed amendment s t o eliminate th e public BOG seat and to
provide the LLLTs and LPOs w it h one BOG seat, elect ed by all of the mem bers, not appointed, for the
reasons described below .
Appointing Versus Electing Board of Govern ors M embers
I and others have spoken out agai nst creating more "appo inted" BOG seat in violation of the Bar Act.
There are already three appoi nted seat s - seat s w hich just as easily could have been elected seats. As I
said at both the July 22 and August 23 meeti ngs, appoint ments are clearly undemocrat ic and subject to
more potent ial mischief fro m a gove rnance perspective t han free elections. As expla ined herein, the
currently appointed seat s are al ready having outs ized impacts t hat the members seem powerless to
questio n, underst and or resist.
At t he August 23 meeting, incom ing WSBA President Robin Haynes gave a spirited defense of appointing
the proposed seats, arguing that appoi ntments are necessary t o ensu re diversity and adding that far too
many of the elected seat s still go to o lder w hite males.
I emphatically reject M s. Haynes logic and the accuracy of her st at ement. Many of the elect ed seats are
held by perso ns who are not o lder w hite males and th e BOG is diverse by any measu re. The suggestion
that more "a ppointed" seat s are necessary t o ma ke the BOG diverse is fa lse. If there must be any new
BOG seats, th ere is sim ply no co mpelling reason for those seat s not t o be elected by the members.
The appointed leadership model is the ru le in China because th e Ch inese government believes it makes
better decisions than t he people. The Ch inese people don't like it and nor do I.
21
502
On a final not e, Ms. Haynes' position in support of appo inting the members of the BOG is not surprising,
as she t oo was appointed and not elected t o her BOG seat and to her position as in-coming President of
the WSBA. The power- of her appointments and Mr. Gipe's, and the resulting changes t hose
appointments are now rapidly producing, dramatically underscore t hat power in the WSBA is shifting
substantially away from the members and that the members are largely powerless to object.
Thank you for considering my feedback.
Sincerely,
Paul Swegle, #18186

pswegle@gmail.com
22
503
DOUGLAS P. BECKER
WB~
LAW OFFICE RUTH LAURA EDLUND*
ALAN S. FUNK
WECHSLER BECKER, LLP MICHAEL W. LOUDEN
Family Law Litigation, Mediation & Arbitration Est.1988 DOMINI K MUSAFIA
LINDA M. ROUBIK
FRANCES TUREAN
RACHEL L. CULVER
AMY FRANKUN -BIHARY
ANTONIA C. KOENIG
*Admitted to practice in New York and Washington state
rle@wechslerbecker.com Darla A. Gates, Paralegal to Ms . Edlund
Email: darla@wechslerbecker.com
September 13, 2016
SENT VIA EMAIL

REVISED LETTER
Bylaws Workgroup
c/o Washington State Bar Association
1325 Fourth Avenue, Sixth Floor
Seattle, WA 98101
Re: Bylaws Workgroup/A rticle XIV Issues and Comments
Dear Anthony and Other Bylaws Workgroup Members:
I have had the opportunity to begin my review of proposed Bylaw Article XIV on the subject of
Indemnification.
Review Of Available Materials
The Amended Memo to the Board of Governors (hereafter "BOG") dated August 17, 2016 (the
"Amended Memo") transmitting the draft Bylaws for first reading provides the following
Slllmnary regarding this provision:
"Article XIV of the Bylaws relates to the Bar indemnifying its volunteers in relationship
to the activities canied on by the Bar. Although the Task Force and the BOG Governance
Report made no direct recommendations with regard to this provision, the issue of
indemnification was discussed extensively in the last two years in regards to a number of
issues in governance, including the Supreme Court created boards administered by the
Bar and with regard to the scope of authority for various Bar entities. As a result, the
Workgroup decided to propose the attached amended bylaw on indemnification."
(Emphasis added.) l have reviewed the minutes of the Bylaws Workgroup that are publicly
available on the WSBA website. From those minutes I have been able to determine the
following:
( 1) The Workgroup fonned five subcommittees (always refeJTed to in later minutes as

"subgroups") in November 2015 to work on the various Articles of the Bylaws (see
minutes of 11/3/2015 meeting, page 2). The November 20 15 minutes do not specify
I I
70 1 FI FTH AVENU E SU ITE4550 SEATTLE, WA98104
Te l: 206-624-4900 I
F nx: 206-386 - 7896
IV w IV. w e ch s Ie r bee ker. co m
23
504
Letter to Bylaws Workgroup - September 13, 20 16
Page 2 of7
which Articles were assigned to which subcommittee for revision, nor how the
Workgroup members were distributed amongst the subcommittees.
(2) The Workgroup assigned the task ofrevising of Article XIV on Indemnification to
Subgroup 5. That Subgroup did not have any report to make at the December 2015
meeting (minutes of 12/21/2015 meeting, page 2). The 12/21/2015 minutes do not
indicate who was assigned to Subgroup 5.
(3) At the 2/ 1112016 meeting, Subgroup 5 repo1ied the following:
"Subgroup 5 researched the indemnification policies of other jurisdictions and will make
adjustments to their draft to be presented at a later meeting They discussed the
conforming edits to qualified action and expressed concern that it might be too broad.
Other changes will be to clarify the meaning of indemnity, define who would be covered
under the policy, and review costs that are not addressed. Members suggested the
subgroup review the Bar's own insurance policy and see whether their draft tracks
closely to language there" (minutes of2/l l /20 16 meeting, page 2).
I did not see any followup in the minutes on WSBA's insurance policy, which is a shame
because this would have been very interesting and useful infonnation.
(4) At the 4/7/2016 meeting, I find the following in the minutes regarding Article XIV:
"Subgroup 5 (Art. XIV, Indemnification) is working on an internal draft."
By this point l was cu1ious to find out which Workgroup members participated in this
subgroup.
(5) There was achial (although still anonymous) discussion on 6/02/2016 about Aliicle XIV:
"The work group discussed various qualified indemnitees, such as hearing officers, and
suggested the bylaw maintain a full descriptive listing of indemnitees. Discussion
followed regarding the potential of multiple insurance coverage plans coming into
play (e.g., the volunteer's own professional liability insurance) , which is an issue not
covered under the bylaw. The work group decided this issue should be highlighted for
the BOG. The work group also discussed the need for a broad policy to provide
protection for all volunteers, including individual sections members, and concerns about
the Board's fiduciary duty. The work group suggested getting input from the bar general
counsel on the issue."
Emphasis added.
(6) Finally, on 7/ 14/2016, Article XIV was discussed:
"The draft was updated since the last work group meeting, but there were no new
24
505
Page 3 of 7
changes. The subgroup suggested getting feedback from the BOG regarding the
issue of r ecourse to insurance held by an indemnified party."
Emphasis added.
Preliminary Questions
(1) Which Workgroup members were assigned to Subgroup 5? It is nothing to be ashamed

of, but the minutes omit this infonnation entirely. I would have liked to obtain input
about matters such as the wording of the Bar's insurance policies.
(2) The minutes quoted above suggest that there were repeated concerns raised about
subrogation, and this issue was going to be "highlighted" for the BOG. However, the
Amended Memo does no t identify this issue at all, and the proposed Bylaw does not
address subrogation. Why was the subrogation issue abandoned if a comprehensive
overview of this Article was intended?
Scope/Necessity Concerns
Article XIV As W ritten Not Limited To Volunteers. The Amended Memo infonns the BOG that
Article XIV "relates to the Bar indemnifying its volunteers," see above. This is not an accurate
summary: the definition of "qualified i:ndemnitees" includes "members of the staff of the Bar,"
who are most ce1iainly not volunteers, and gives shoti shrift to the many service capacities filled
by volunteers of the Bar (I have elsewhere mourned the Bar's failure to qualify, as far as I know,
the dollar value of this tremendous resourse). The Board of Governors has a truly Herculean
task, as I have commented before, to review the numerous changes to the Bylaws, and is very
likely to be relying on the Workgroup' s summaries. T here is nothing in the Workgroup's
minutes that I have seen indicating wh y this indemnification provision should include those on
WSBA' s payroll if WSBA has E&O coverage for paid staff. There is, of course, abso lutely
nothing wrong with WSBA providing defense costs or indemnifying its employees, but that's an
administrative decision. The focus of this Article, as I understand it, and as was represented to
the BOG, is the protection of WSBA's volunteers, from its officers on down to the lowliest
volunteer in W SBA-sponsored legal clinics. Even if BOG does not care about the humble rank-
and-file-1 still have faith that it does- BOG certainly should be interested in making sure that
its own protections are strong.
No Consideration of RCW 4.24.670 and other statutory immunity.
I'm going to quote RCW 4.24.670 in full because WSBA seems to fall within the definition of
"nonprofit organization" under RCW 4.24.670(5)(d)(ii), but needs to have an insurance policy of
$500,000 under RCW 4.24.670(e)(iii) to take fu ll advantage of the statutory protection (which
I'm sure it does, bu t wouldn't be nice to highlight this for a very busy BOG?). In addition, even
if the BOG wants to persist in the fantasy that WSBA is a governmental entity across the board,
which is obviously is not, see Graham v. State Bar Association, 86 Wn.2d 624, 548 P .2d 3 10
(1976), and WSBA v. State of Washington, 125 Wn.2d 901, 890 P .2d 1047 (1995), this statute
applies to volunteers of governmental entities, and RCW 4.24.490 would shield WSBA staff
from liability (even though they are not supposed to be the focus of this Article). See also
25
506
letter to Bylaws Workgroup - September 13, 2016
Page 4 of7
Beryamin v. WSBA, 138 Wn.2d 506, 980 P.2d 782 (1999)(qualified inununity to Dermis
Harwick). The minutes of the Bylaws Workgroup give no indication that these statutes were
considered. It may be that they are inapplicable, in which case the discussion would be
illuminating.
RCW 4.24.670 provides:
(1) Except as provided in subsection (2) of this section, a volunteer of a nonprofit

organization or governmental entity shall not be personally liable for harm caused by
an act or omission of the volunteer on behalf of the organization or entity if:
(a) The volunteer was acting within the scope of the volunteer's responsibilities in the
nonprofit organization or governmental entity at the time of the act or omission;
(b) If appropriate or required, the volunteer was properly licensed, certified, or authorized
by the appropriate authorities for the activities or practice, where the activities were or
practice was undertaken within the scope of the volunteer's responsibilities in the
nonprofit organization or governmental entity;
(c) The harm was not caused by willful or criminal misconduct, gross negligence,
reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the
individual hanned by the volunteer;
(d) The harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft,
or other vehicle for which the state requires the operator or the owner of the vehicle,
craft, or vessel to either possess an operator's license or maintain insurance; and
(e) The nonprofit organization carries public liability insurance covering the
organization's liability for harm caused to others for which it is directly or
vicariously liable of not less than the following amounts:
(i) For organizations with gross revenues of less than twenty-five thousand dollars, at
least fifty thousand dollars due to the bodily injury or death of one person or at least one
hundred thousand dollars due to the bodily injury or death of two or more persons;
(ii) For organizations with gross revenues of twenty-five thousand dollars or more but
less than one hundred thousand dollars, at least one hundred thousand dollars due to the
bodily injury or death of one person or at least two hundred thousand dollars due to the
bodily injury or death of two or more persons;
(iii) For organizations with gross revenues of one hundred thousand dollars or
more, at least five hundred thousand dollars due to bodily injury or death.
(2) Nothing in this section shall be construed to affect any civil action brought by any
nonprofit organization or any governmental entity against any volunteer of the
organization or entity.
(3) Nothing in this section shall be construed to affect the liability, or vicarious
liability, of any nonprofit organization or governmental entity with respect to harm
caused to any person, including harm caused by the negligence of a volunteer.
(4) Nothing in this section shall be construed to apply to the emergency workers
registered in accordance with chapter 38.52 RCW nor to the related volunteer
organizations to which they may belong.
(5) The definitions in this subsection apply throughout this section unless the context
clearly requires other\vise.
26
507
Letter to Bylaws Workgroup - .September 13, 201 6
Page 5 of7
(a) "Economic loss" means any pecuniary loss resulting from hann, including the loss of
earnings or other benefits related to employment, medical expense loss, replacement
services loss, loss due to death, burial costs, and loss of business or employment
opportunities.
(b) "Hann" includes physical, nonphysical, economic, and noneconomic losses.
(c) "Noneconomic loss" means loss for physical and emotional pain, suffering,
inconvenience, physical impainnent, mental anguish, disfigurement, loss of enjoyment of
life, loss of society and companionship, loss of consortium other than loss of domestic
service, hedonic damages, injury to reputation, and all other nonpecuniary losses of any
kind or nature.
(d) "Nonprofit organization" means: (i) Any organization desc1ibed in section
50l(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 50l(c)(3)) and exempt
from tax under section 50 l (a) of the internal revenue code; (ii) any not-for-profit
organization that is organized and conducted for public benefit and operated
primarily for charitable, civic, educational, religious, welfare, or health purposes; or
(iii) any organization described in section 50l(c)(l4)(A) of the internal revenue code of
1986 (26 U.S.C. Sec. 501(c)(l4)(A)) and exempt from tax under section 50l(a) of the
internal revenue code.
(e) "Volunteer" means an individual performing services for a nonprofit
organization or a governmental entity who does not receive compensation, other than
reasonable reimbursement or allowance for expenses actually incuned, or any other thing
of value, in excess of five hundred dollars per year. "Volunteer" includes a volunteer
serving as a director, officer, trustee, or direct service volunteer.
Summary of Drafting Concerns
In reviewing the "REDLINE 8.15 .2016," in addition to the inclusion of paid WSBA staff within
the ambit of the provision, which was represented not to be the purpose of this Article, I have
identified the following additional areas of concern/possible improvement.
A. Structure. The Article would read better if the definitions were pulled into a separate section,
Section A. In addition to the te1ms called out, I would add a definition for "Prospective
Indemnitee," because it makes the later sections cleaner, and a simple (perhaps too simple)
definition of indemnity and defense costs.
It was not clear to me upon reading the draft Article XIV whether a Qualified Action could be
perfonned by a volunteer with apparent authority, acting in good faith, but no actual authority.
The "reasonable belief' and "good faith" language appears to be hint at the notion of apparent
authority, but the "within the scope ... expressly or impliedly delegated" takes it away. Implied
authority is not the same thing as apparent authority.
I would make Section B "Duty to Defend and Obligation to Indenmify" because this part of the
draft appears to be struggling to accomplish both, differing, tasks, without noting that these are
differing obligations. I would make "Cumulative, Non-Exclusive Right" the new Section C.
27
508
Letter to Bylaws Workgroup - September 13 , 20 16
Page 6 of 7
B. Duty to Defend Versus Duty to Indemnify. I don't know what kinds of "expenses" this Article
contemplates would be advanced to a Qualified Indemnitee, other than defense costs. The duty to
defend is broader than the duty to indemnify, a point which some of the language towards the
end of the Article is struggling to convey. If there was some other kind of expense being
contemplated, perhaps it could be more clearly specified.
C. Selection Of Defense Counsel. I don't see any problems with a requirement that any
Prospective Indemnitee put WSBA on notice of a "threatened or pending action" (perhaps we
should call this a "claim" if time is granted for redrafting). However, such a requirement raises a
potential subtle conflict of interest if, under this provision, WSBA has no obligation to put its
own insurer on notice of the claim. 1 (If WSBA has notice of a "threatened or pending action,"
but does not put its own insurer(s) on notice, WSBA will have problems if it seeks defense costs
or indemnification from its insurer(s) later on down the road, to the extent that the insurer was
prejudiced by the failure to give notice. This could potentially leave the volunteer exposed when
coverage might otherwise have been available. WSBA might prefer not to give notice to the
insurer for fear that questions might be asked, or premiums raised, in subsequent years. As a
policy matter, requiring a "pass-through" of notice resolves the potential conflict. The ultimate
question raised by this section is, who is the "insured" entitled to a defense? ls it the volunteer
perform.i ng the action giving rise to the claim? Or is it WSBA? WSBA might prefer that the
volunteer not qualify as an indemnitee at all, but this Article is intended to protect the
Association's loyal volunteers. Again, as a policy matter, this question can be resolved by a
requirement that WSBA add volunteers as additional insureds to its policies (if they are not
already included).
In addition, if a claim is tendered to WSBA's insurer(s), I am here to tell you that it is not the
"Bar" who will be selecting counsel for the volunteer, not matter what precatory language is
included in the Bylaws, but WSBA's insurer(s). Johnson v. Continental Casualty Co., 57 Wn.
App. 354, 788 P .2d 598 ( l 990)(noting "enhanced obligation of fairness") . I do not believe that, if
the volunteer rejects the insurer's/WSBA's choice of counsel, WSBA would have the right to
veto a volunteer's choice of independent counsel retained at his or her own expense. I am further
not comfortable with the idea that BOG could approve a settlement of a claim over the objection
of the volunteer, as the proposed language appears to provide, for example a settlement above
policy limits.
I have time to note only in passing that RCW 4.22.040 may come into play in this section as well
and I look to wiser minds than mine to tease out its implications.
Detennining Whether Action Qualified Or Indemnitee Qualified. A detennination whether an

action, or an indemnitee, was "qualified" is uniquely the province of a court, not BOG. Because
BOG members are a primary class of potential indemnitees themselves, there is certainly an
appearance of a lack of impartiality in this provision. Would BOG ever decide that it had acted
beyond the scope of its own autho1ity?
t Considerations of strategic issues relating to tender of the defense of a claim, although truly fascinating, are
beyond the scope of these comments.
28
509
Page 7 o f7
ln the interest of better bylaws fo r the Association, I have attached my own edit of Article XlY,
prepared with some input from highly-expe1ienced insurance broker. I used, as m y point of
departure, the 8.15.201 6 redline, incorporating the changes described above which I think help
implement what this Article appears to be trying to do . I deleted the "will not inure" provision
because it would eliminate subrogation and contribution rights.
I hope my thoughts can provide some modest h elp to the Workgroup and to the Board of
Governors as they consider these very far-reaching issues.
Best regards.
Sincerely,
"WECHSLER BECKER, LLP
ON CtlRuth LIUl.1 Edlund. D=-\'/e:th\h!f
B cc~ er, LLP. ou.
~mM~~!,= ~~~~:~~~~~~~! 't=~-;~ /.tr~/A_ f:i:RIM,/_-

Loc.lhon: Sc;11ttc., WA
'O.i1e: l0 16.09.1l 10.Q&47 .0700
.Adobe Ac:tobit virn .1on: 11,0 17
Ruth Laura Edlund
RLE/dag
Encl.
29
510
From : ~
To: WSBABylaws
Subject: FW: [section-leaders] "All of the information was made available ... on the WSBA website"

Washington State Bar Association I ~ 206.239.2116 I parise@wsba.org I sections@wsba.org
1325 Fourth Avenue 11600 I Seattle, WA 98101-2539 I www.wsba.org
From: Randall Winn [mailto:rewinn2003@yahoo.com]

Sent: Sunday, September 11, 2016 10:37 AM
Cc: Keith Black; Anthony Gipe
Subject: [section-leaders] "All of the information was made available ... on the WSBA website"
Dear President H yslop
It is puzzling to read the line "All of the information was made available to members and to the
public on the WSBA website", on page 10 of the September 2016 issue o fN\'<'Lawyers.
Evidence in support of that claim is difficult to obtain.
Review of the website reveals very little if any of the member input on this matter, and any that
there may be is difficult to locate. Can you point to it?
There is now now a "Bylaws \V'ork Group" page, but the evidence shows that th.is page was
created too recently to have been a significant factor during the life of the workgroup.
Furthermore, that page does not appear to have much, if any, of the "input from members" to
which your quote alludes.
One example is that Section Leaders were told in writing that a member, expert in Antitrust Law,
advised BOG about the antitrust implications of the word "Association" in WSBA's name. \Y'hen
I asked for that information, I was told in writing that this information would not be disclosed at
all. This is a plain contradiction of the claim in N\'<'Lawyers, and that's just one example.
Many of the proposed changes appear to touch on Administrative Law, and yet there is no
information about the Administrative Law Section's comments. The name change has been
justified as a matter touching on Antitrust Law, and yet there is no information from the relevant
WSBA Section. Many of the changes directly affected WSBA Sections, and yet there is little if any
of the input provided by actual members of Section Leadership to the workgroups.
Recently a talking-points memo was provided purporting to link to a dozen or more N\'<'Lawyer
articles on the work.groups. However, analysis of those links show half had no substantive
content, and most of the rest were conclusory announcements, notably lacking in "member
input".
30
511
This is not merely carping. The changes proposed may be wise or they may be unwise but there is
no way for WSBA Members or the public to know because the information and arguments in
favor of and opposed to them have not been provided in a form reasonably calculated to inform
or to provide professional, expert commentary.
\Vithout that commentary, there is no way for the BOG to know whether the proposals are good
or not. The opinions of small Workgroups naturally support their work product and should be
balanced by commentary from outside experts.
In the year 2016 openness requires more than it did when we all started practice. We now live in
an environment in which openness goes far beyond public meetings controlled from the top
down and bereft of actual dialogue. Rather, experience teaches us that active dialogue and co-
development of products (such as bylaws changes) leads to substantively better work product,
greater stakeholder buy-in, and increased legitimation of the organization.
Does not WSBA and the public and profession it serves, need and deserve that better product,
buy-in, and legitimation?
If so, let us open up the whole thing to broad comment and co-development. We can all be proud
of the result.
Sincerely,
Randy Winn, WSBA #25833
You are currently subscribed to section-leaders as: secti ons@wsba .org. If you wish to unsubscribe,
31
512
From: ~
To: WSBABylaws
Subject: FW: [section-leaders] "All of the information was made available ... on the WSBA website"

Washington State Bar Association I ~ 206.239.2116 I parise@wsba.org I sect ions@wsba.org
1325 Fourth Avenue 11600 I Seattle, WA 98101-2539 I www.wsba .org
From: Schrum
Sent: Tuesday, September 13, 2016 5:28 PM
Subject: RE: [section-leaders] "All of the information was made available ... on the WSBA website"
Sign ificant changes to the governance of the WSBA, as these are, require proportional efforts to
notify the membership and educate them about the problems to be resolved and the proposed
solutions. These are major changes, deserving of a cover article in NW La wyer and sustained
outreach t o the members. Posting stuff on a website w ithout any indication why members shou ld
read is useless . It gives disingenuousness a bad name.
Scott Schrum
Senior Intellectual Property Counsel
IT & E-Commerce Group, Corporate Legal Services
Liberty Mutual Insurance
(206) 473-6826 office
(206) 473-6722 fax
(206) 225-0193 mobile
Scott. Schrum@LibertyM utual.com
From: President Hyslop [ mailto:whyslop@lu kins.com]

Sent: Tuesday, Sept ember 13, 2016 1:07 PM
To: WSBA Secti on Leade rs <sectj on-!ea ders@ list.wsba.org>
Cc: Keith Black <keithmb lack.!aw@gmai l.com>; Anthony Gipe <adgi pewsba@gma il. com>; WSBA
Section Leaders <section-leaders@ list .wsba.org>
Subject : RE: [section-leaders] "All of th e information was made available ... on the WS BA website"
M r. Win n:
Tha nk you for your email and input.
You and all members are also certainly invited t o attend or participate online in the September 14,
2016 WSBA Town Hall meeting. Here is the link for more info rmation:
http://www.wsba .org/ Events-Ca le nda r /201 6/Sept em ber /Town-HaII- Discussion
Li kew ise, yo u are invited to attend or participate on line in t he Septemb er 29-30 meeting of the
32
513
Board of Governors. Here is the lin k for more information: http://www.wsba.org/About-
WSBA/Gove rnance/Boa rd-Meeting-Schedule-Mate ria Is
Best regards,
Bill
William D. Hyslop
President
Lukins & Annis PS

717 W. Sprague Ave., Suite 1600
Spokane WA 99201-0466
Phone: (509) 455-9555
FAX: (509) 747-2323
Email: w hys lop@ lukins.com
Web: www.lukjns.com
I LUKINS &ANNIS IAfTORHE'r~
From: Randall Winn [ mailto:rewinn2003@yahoo.com]

Sent: Sunday, September 11, 2016 10:37 AM
Subject: [section-leaders] "All of the information was made available ... on the WSBA website"
D ear President H yslop
It is puzzling to read the line "All of the information was made available to members and to th e
public on the WSBA website", on page 10 of the September 2016 issue of N \VLawyers.
Evidence in support of that claim is difficult to obtain.
Review of the website reveals very little if any of the member input on this matter, and any that
there may b e is difficult to locate. Can you point to it?
There is now now a "Bylaws \\fork Group" page, but the evidence shows that this page was
created too recently to have been a significant factor during the life of the workgroup.
Furthermore, that page does not appear to have much, if any, o f the "input from members" to
which your quote alludes.
One example is that Section Leaders were told in writing that a member, expert in Antitrust Law,
advised BOG about the antitrust implications of the word "Association" in WSBA's name. When
I asked for that information, I was told in writing that this information would not be disclosed at
all. This is a plain contradiction of the claim in N\VLawyers, and that's just one example.
Many of the proposed changes appear to touch on A dministrative Law, and yet there is no
information about the Administrative Law Section's comments. T he name change has been
33
514
justified as a matter touching on Antitrust Law, and yet there is no information from the relevant
WSBA Section. Many of the changes directly affected WSBA Sections, and yet there is little if any
of the input provided by actual members of Section Leadership to the workgroups.
Recently a talking-points memo was provided purporting to link to a dozen or more N\\/Lawyer
articles on the workgroups. However, analysis of those links show half had no substantive
content, and most of the rest were conclusory announcements, notably lacking in "member
input".
This is not merely carping. The changes proposed may be wise or they may be um.vise but there is
no way for WSBA Members or the public to know because the information and arguments in
favor of and opposed to them have not been provided in a form reasonably calculated to inform
or to provide professional, expert commentary.
Without that commentary, there is no way for the BOG to know whether the proposals are good
or not. The opinions of small Workgroups naturally support their work product and should be
balanced by commentary from outside experts.
In the year 2016 openness requires more than it did when we all started practice. We now live in
an environment in which openness goes far beyond public meetings controlled from the top
down and bereft of actual dialogue. Rather, experience teaches us that active dialogue and co-
development of products (such as bylaws changes) leads to substantively better work product,
greater stakeholder buy-in, and increased legitimation of the organization.
Does not \'V'SBA and the public and profession it senres, need and deserve that better product,
buy-in, and legitimation?
If so, let us open up the whole thing to broad comment and co-development. We can all be proud
of the result.
Sincerely,
Randy Winn , WSBA #25833
You are currently subscribed to section-leaders as: whyslop@l ukins.com. If you wish to
Discla imer
This message has been scanned for viru ses and dangerous content by Lukins & Annis, P.S.
NOTICE: Th is email may contain confidentia l or privileged material, and is intended solely for use by t he
above referenced recipient . Any review, copying, printing, disclosure, distribution, or any other use, is
strictly prohibited .
If you are not the recipient, and believe that you have received t his in error, please notify the sender and
delete the copy you received .
Thank You!
34
515
You are currently subscribed to section-leaders as: scott.schrnm@libertvmutual.com. If you wish to
You are currently subscribed to section-leaders as: sections@wsba.org. If you wish to unsubscribe,
please contact the WSBA List Ad mi nistrator.
35
516
September 13, 20 16
Board of Governors
1325 Fmuth Ave., Suite 600
Seattle, WA 98 10 1-2539
Re: Corrnnents on Proposed Changes to WSBA Bylaws
Dear Members of the Board of Governors and other WBSA Leaders,
Summary
Bylaws are the operating code of an organizatio n The techniques of w1iting successful code
have vastly improved in recent years, but the legal profession has not kept up. The current
p roject to improve WSBA's Bylaws suffers from this.
In paiticular, the drafting of the Proposals has so far failed as an exercISe m openness. Openness
in writing code serves three purposes:
Quality: The effectiveness of the code is maximized when all stakeholders can review
drafts of the code, test them, and submit criticism and edits in an interactive process.
Education: The process of open review and editing educates stakeholders as to the
pwpose and functionality of the code.
Legitimation: Open processes support the feeling that the code was fairly created. One
may not agree with the result, but when all are involved in the process, the results tend to
be accepted as legitimate .
As to each of these three elements, the development of the Bylaws Proposals is lacking. The
quality has not been tested by broad independent review. Stakeholders have not b een educated
as to the content. The process is widely seen as not open and legitimate .
As a result, whether the Proposals are wise or not, their implementation may cause the
organization and its goals to suffer unnecessarily.
The responsible thing for BOG to do in such a case is to open the Proposals up for global review
by all stakeholders (crowdsourcing, if you will), including all WSBA members and includ ing
such others as BOG sees fit. Only an open process of quality review, education and legitimation
can have the best result for the goals of the organization in the long run.
What Is Openness?
Recently the Washingto n State Bar Associatio n unintentionally ran an expe1iment with the
concept of "openness". Its Board of Governors ("BOG") created Workgroups that held a series
of meetings that produced Proposals for major revisions to its Bylaws (the "Proposals").
36
517
The Workgroups maintain that the process was "open" because they held meetings to
which all were invitedi.
Critics of the Workgroups maintain that the process was not "open" because the vast
majority of WSBA members have no idea of the content of the proposals, nor the reasons
for or against.
The most intractable arguments are often those for which both sides have a point. Both the
Workgroups and the C1itics have their points.
Classic Openness: Top-Domi Control
The Workgroups used a traditional version of "Openness" familiar to those of us who came of
age before the internet. Small and dedicated Workgroups set hearings where they accepted oral
and written messages that they may or may not have used to change the code. They invited every
member of WSBA to the meetings, but few attended . Most WSBA members have day jobs that
don't allow time off for Bar meetings. Even among that fraction of members who have
scheduling autonomy, attending bar meetings is an expensive loss of billable time and, given
skepticism that attendance would make a difference, difficult to justify in tenns ofresults. Also,
the meetings were poorly publicized and the reasons for attending not publicized effectivelyii.
Some of the arguments for and against the proposals are secret. For example, the entire argument
about antitrust risk was given in WSBA BOG Executive Session and so concealed from the
membership to this day. Most of the rest of the argumentation is inaccessible because it was
given orally or provided in a fonnat not reasonably calculated to educate. For example, the
motion to create the Sections Workgroup was only vaguely alluded to in BOG minutes and
stated explic itly only on page 357 of inaccessible Meeting Materialsiii. It is unlikely that anyone
outside BOG or the Workgroups even knew where to look.
A small number of writers drafted the Proposals. The Proposals were kept private, or distributed
modestly. The final product was not available until the last possible moment, a few days before a
BOG meeting called suddenly in August.
This is what "Open" meant in the old model
21st Century Openness: The Wisdom Of Crowds
Coding in the CUlTent era uses a different model of "openness", empowering all parties to
meaningfully contnbute to debate, drafting, testing and bugfixing. Publication of interim
products and written debate inviting large teams of stakeholders, using ubiquitous self-
docUlnenting mediaiv are the standard.
This model has advantages:

1. It enables and encolllages debate from all interested patties, regardless of geographical or
temporal limits. This collects the best ideas.
2. It lets everyone parse and ponder preliminary proposals, illuminating conflicts and defects.
2
37
518
No Workgroup, however intelligent, can match the brainpower of 30,000+ WSBA members,
even if each member devotes but a single how in review and contnbution.
3. It develops neatly stmctmed arguments for and against, which promotes education of the
proposals that emerge.
4. It develops buy-in to the final product, by enabling access to the proposals and arguments
from sta11 to finish. No-one will agree to everything in the result, but eve1yone can feel they had
a voice.
Whether the Workgroup proposals are good or bad can not be determined without a review of
them that is "open" in the 21 s1-centllly sense:
Were the proposals made available in a timely manner for the legal professionals of the
WSBA to review?
Was debate in fact enabled and encomaged among all stakeholders ?
Were structmed arguments for and against crafted to promote understanding?
Was buy-in created?
Does the process appear open and legitimate to most stakeholders?
To each question, the evidence suggests the answer is "No. It 's nobody's fault, but no".
Some Evidence
Debate, buy-in and legitimation depends on awareness. There is no evidence that the vast
majority of WSBA members were aware of the need for or content of the Proposals <luting
development, or even now that they have been presented to BOG.
Ask Any Lawyer: Recently hundreds ofWSBA members have been asked for their opinion of
the Proposals, through Section listserves. Few Members indicated awareness of the Proposals'
existence, much less their content. Regardless of the sincerity of efforts to raise awareness of the
Proposals, the effect of these efforts is failw-e.
NWLawyer: NWLawyer is WSBA's publication ofrecord. It did not provide coverage

reasonably calculated to inform the members. Its cover has never hinted that Bylaws changes are
in the works and its inte1ior coverage has been scanty at best.
Recently, proponents circulated a list of about a dozen NWLawyer references. Most of these are
merely meeting announcements devoid of substance. Most of the other references are to a few
vague paragraphs hidden within general pwpose aiticles with uninformative titles, such as
"President's Comer". The exceptions are a small nwnber of substantive articles that presented
summary statements, without the text of proposals or the arguments for or against, of limited
pa1ts of the proposals. None of them are cover stories or even mentioned on the cover.
WSBA.org: In the most recent issue of NWLawyers, there is a claim that "All" member
comments were provided on the WSBA websitev. This claim is puzzling. Searches of the website
have not found the comments. The Bylaws Workgroup webpage on wsba.org was put up only in
midsummer 20 16, well past the bulk of the process. Few if any member comments are available
3
38.
519
on the website or, if they are, locating them is difficult.
References on the website to meetings are too vague to inform members as to the subject matter
or why anyone should attend vi. Nor does WSBA blog or Facebook presence say anything
significant.
Incoming Board Members: Proponents have argued that the proposals must be voted on in
September 2016 because one-third of the Board members will thereafter rotate off, taking with
them knowledge of the proposals. This proves the lack of openness in the process.
Incoming Board members are among the best-informed and most highly-motivated WSBA
members. If this core group is not fully aware of the content and reasons for and against the
Bylaws changes, then the process itself is not open even to them.
Putative Laziness of WSBA Members: Some Workgroup or BOG members have complained
that any lack of awareness is the fuult of WSBA Members who failed to attend meetings or to
read the documents. vii If trne, that is evidence that the process is not open, but rather stiuctured
(undoubtedly unintentionally because no-one is motivated to do it on purpose) so that the
average WSBA member cannot participate.
One method that the Workgroups could use to engage WSBA Members is to submit texts to
relevant subject matter Sections, just as is done in considering whether to comment on
legislation. Many of the proposed changes appear to touch on Administrative Law, and yet there
was no effort to ask the Administrative Law Section fo r advice. Likewise, the WSBA name
change has been justified as a matter touching on Antitrnst Law, and yet there was no inquiry to
the Antitrust, Consumer Protection and Unfair Business Practices Section viii . Many of the
changes directly affected WSBA Sections, and yet for most of the process Section Leadership
was excluded until late in the game. The problem is not the fault of the Membership, nor
necessarily that of the Workgroups, but of the structure of the work process itself.
Sidebars
Sidebar - Urgency: It has been argued that the Proposals are good and necessary because they
are in suppo11 of mgent needs, in pa11icular, closing the well-known Justice Gap ix . This is a non
sequitur. Quality does not arise from urgency. To the contiaiy: the more imp011ant the code's
goa~ the more impo11ant that it be w1itten to the highest quality. Open review is essential to
solving urgent, underfunded problems.
Sidebar - Court Power: Some appear to feel that openness doesn't matter, because the Supreme
Cow1 can do whatever it likes with WSBA as pa11 of regulating the practice of law. This would
prove too much: BOG has been tasked with presenting the Court with the best possible
proposals, not merely with proposals that have passed through a process. Openness in developing
these proposals is all the more important when the CoLU1 relies on WSBA's work.
The argument is also dangerous. Undoubtedly the CoLU1 can do just about whatever it wants to
4
39
520
"admit, eruoll, disbar, and discip line" plus closely related administrative functions. Fees are
legitimate to fund this minimum set of functions. To go beyond them and to tax lawyers to fund
other projects somewhat related to the practice of law is open to question.
As a practical matter, there is on the order of 30,000 lawyers subject to Colllt jlllisdiction, and
not enough wealth among us to fund closing a Justice Gap of $30 million and growing. There is
a substantial ir!justice in requiting lawyers, and lawyers alone, to bear this bUlden instead of
taxpayers at large. If the Colllt wishes to tax patties on the basis of their prosperity and relation
to the legal system, law school foU11dations and the student loan industry may be a more
approp1iate source of funds.
Ultimately, there is a limit to the Court's power to compel servitude of lawyers or to take their
property even for the best of causes. Members of a professional association (whether authorized
by the Legislatllle or simply an association protected by the First Amendment) are free to fund
charitable causes through the democratic processes of its elected Board. To the extent that the
WSBA molecule has elements of a First Amendment and/or Legislatively autho1ized
professional association, it likewise has their powers to fund charity. In contrast, every element
of government is limited, and as we are finding with great frustration in the reahn of education,
the Judiciary can not tax nor do things similar to taxing. Neither can WSBA to the extent that it
is an element of the Colllt. To discover the dividing line between fees and taxes through a second
Keller is probably not an effective way to close the Justice Gap.
Proposal: Crowdsource Open Review

BOG has an oppo1tunity to use the present need for Bylaws revisions to create and to practice
2 1st centuiy openness in WSBA governance.
The legal profession is conservative in its procedures. This is a viitue in its predictability, but in
other ways a vice. In particular, it may have encouraged many of the problems in the cuITent
Workgroup experiment - again, not the fuult of the Workgroups, but of the process.
Old habits die hard. Going from a traditional model of decision making to a 2151 centuiy model
has challenged bigger enterp1ises than WSBA. However, histmy tells us that the outcome is
always better when debate is real and encouraged, proposals are widely examined and criticized,
the argllinents for and against both presented, and buy-in is developed among the membership.
Grasping this opportunity depends on no pa1ticular opinion as to whether the Proposals are good
or bad. Indeed, an informed opinion is not possible on this until the proposals have been openly
reviewed and debated by WSBA's many expert members.
The Proposals have just recently been made public, and the debate has begun The first round of
open code review, staited only last week, has predictably revealed defectsX, as is typical at this
stage of the process. In the nomial cowse of review, more issues will sutface, but it takes time.
BOG should provide this time.
5
40
521
Relating each code change to the strategic goals justifying them is in a much less advanced state.
Neither the financ ia 1 analysis of their impact nor analysis of their projected effect on access to
justice appears complete. Also, there is seen little would-be attempt to seek buy-in from
stakeholdersxi by involving them in the review process. BOG should encourage this, perhaps
through Section liaisons and outreach to member districts.
It is natural for the writers of code changes to advocate for them, and perhaps to feel
disappointment at c1it:icism This commentary is not intended to disparage their effo1ts, but it
inay be a hard read for them, and for that I apologize.
However, it is not best practice to rely solely upon the advocacy of a code change's writers m
deciding whether to adopt it. Until there is open and thorough review of the Proposals by
WSBA's Membership and perhaps other experts, BOG is not in a position to vote on them To
publish the proposals, and the arguments for and against each, in a fonnat pennitting a debate,
and then to let the debate proceed for an extended period, may appear to be a radical concept in
democracy and openness, but it is also a prudent exercise in BOG's fiduciary duty to protect
WSBA's assets and goals.
Such wide open discussion may not be easy, because WSBA has not done it before; we are stuck
in the old model But other enterprises have succeeded at this . If Bylaws revisions a.re w01th
doing, then they are w01th doing well Crowdsourcing the code review can ultiinately reduce the
overall workload of the BOG and WSBA Staff while maximizing quality.
Let us therefore take this oppo1turlit:y to move, stumblingly if necessary, into 21 51 centuty
governance. BOG should execute a thoroughly open code review before making decisions on the
Bylaws Proposals.
Respectful! y,
Randy Winn
WSBA #25833
Rewinn2003@yahoo.com
6
41
522
Notes
i Gipe (by way ofE1ickson), "Bylaws Work Group - Materials for 8/8/2016 Meeting/Highlights '',
Section-Leaders listserve, Aug 16, 2016 11 :36 AM.
ii See Bernheim, ''RE: More on Openness in WSBA Governance", Section-Leaders listserve, Aug
31, 2016, 2:19 PM.
iii Oddly, BOG minutes do not include the exact text of motions voted on. Therefore, it can be
hard for future Boards, as well as Members and the Public, to figure out precisely what BOG has
authmized. WSBA's General Counsel stated in wiiting that it is not necessa1y to make a precise
wiitten record of motions passed. See McEh-oy, ''Your March 5 20 16 Email" rep ly crossposted
Section-Leaders listserve Mar 11, 20 16 6:22 AM. This may be a problem
iv Typically the internet or an intranet, but sometimes a wiki and/or an email listserve with an
accessible archive, or some newer technology.
v Hyslop, NWLawyer, September 2016, p 10.
vi Bernheim, supra.
vii Risenmay, "RE: Bylaw Changes", Aug 16, 2016 7:23 PM, Crossp osted to Section-Leaders
listserve Aug 16, 2016 10:14 PM.
viii Noble, "? AntiTrust Litigation and Renaming!Repurposing WSBA?", Section-Leaders
listserve, August 11, 20 16 3:16 pm
ix Risenmay, supra.
x For example, See Simbmg, "Definition of'Member" --Technica l Comments on Alticle Ill",
Section-Leaders listserve, Aug 17, 2016 2:23 PM; Edltmd, ''Draft Bylaws Article IX
Comments", Section-Leaders listserve, Sep 9, 2016l1:42AM.
xi Two front articles in September 2016 NWLawyer have just made their b1ief case for the
Proposals as w1itten. However, as we learned dUiing the late Referendum debacle, Bar News
aiticles, however sincerely intended, rarely create buy-in; that comes only from active
engagement.
7
42
523
From : ~
To : WSBABylaws
Subject: FW: A Modest Proposal
Paris

Washington State Bar Association I 206.239.2116 Jparise@wsba.org I sections@wsba.org
-----Original Message-----
From: Ruth Laura Edlund [mailto:rle@wechslerbecker com]
Sent: Tuesday, September 13, 2016 10:43 PM
Subject: [section-leaders] A Modest Proposal
There seems to have been a lot of electronic ink spilled over making sure Article I of the Bylaws tracks proposed
amended GR 12.
Why do the Bylaws not s imply incorporate the prov isions of GR 12 by reference? There is then no
coordination/revision problem.
Ruth Edlund
- *- *- *- *- *- *-
Seattle, WA 98 104
206.624.4900
You are currently subscribed to section-leaders as: sections@wsba.org. If you wish to unsubscribe, please contact
the WSBA List Administrator or send an email to TCL MERGE ERROR ( 09/13/20 1622:43:12 ): "invalid
command name "unsub.email'"'
Outmail !D: 166884, List: 'section-leaders', MemberID: 16705700
SCRIPT: "unsub.email"
43
524
September 14, 2016
Board of Governors
Re: Comments on Proposed Changes to WSBA Bylaws - Email Meetings and Minutes
Dear Members of the Board of Governors and othei WBSA Leaders,
Proposed changes to WSBA bylaws include a two items concerning meetings meriting corrnnent.
A. Meeting By Email
The proposals ban meeting by email (presumab ly including cousins to email such as threaded
forums.) The reason given is openness; there is an expressed desire to permit members of the
public to observe, participate, record and/or subsequently learn about the conduct of meetings.
The ban should not be enacted, because it contradicts the reason
When done properly, meeting by email gives the public greater oppo1tunity for observation,
paiticipation and reading the record than does meeting by conventional oral means. Conventional
meetings requires simultaneity; that is, you can attend a conventional meeting only if you
happen to be available when it is held. This is a great barrier to the public and serves little
purpose.
It may be objected that meetings by email can be abused. This is an issue with conventional
meetings as well The solution in both cases is to regulate, not ban.
For a real-world example: The World Peace 1brough Law Section has faced the fact that our
Executive Corrnnittee could not find a time at which all of us could meet. Our members reside in
various time zones, and requiting them all to be available when it is convenient to our Seattle
majority was both impractical and discriminatory. Member of the Section or the public were also
generally unavailable at any pa1ticular meeting time.
We experimented with meeting via email on the Section listserve, and the result was success.
Instead of opening meetings by sitting by the phone hoping enough members called in to fonn a
quorum, we opened meeting exactly on time by sending an agenda to the listserve, initiating
discussions, offe1ing motions and voting on them. This had the extra benefit of letting all
members of the Section observe and paiticipate, and of later having an exact record of what was
said by whom.
Should any member of the public express the slightest desire to paiticipate in meetings of the
WPTL Executive Committee, they would included and welcomed by simply adding a CC.
Alternatively, WSBA could relax its ban on members of the public paiticipating in Section
44
525
listserves.
Meetings by email automatically record their proceedings. This serves the pmpose of openness
far better than meetings conducted orally because the records are exact, searchable and
published. Fwthennore they are more acconunodating to members of the public with perceptual
or linguistic situations outside the dominant paradigm Compared to oral meetings, email
meetings are far more accominodating to persons with non-majoiitarian heaiing capabilities or
who do not speak English
Therefore, I ask BOG not to approve bylaws change that would prevent meeting by email or the
like. Suitable regulation laying out minimum standards would be helpful
B. Motions In The Minutes

The proposed bylaws changes do not make clear that Minutes must include the exact text of any
motion voted on.
One would think that this would not be necessa1y to state to any organiz.ation of professionals.
One would be wrong. Inspection of BOG minutes reveals that exact texts of motions have often
not been recorded. WSBA's General Council recently informed the Section-Leaders listserve
that there is no requirement that BOG - and by extension, all WSBA entities - record the exact
text on which it votes.
It feels odd to have to state to an organiz.ation of lawyers the significance of recording precisely
what one is authorizing or declining to authorize. It may suffice to note that the cost ofrecording
an exact text is small, and the risk of failw-e to do so is great.
Therefore, I wge BOG to amend the bylaws to require Minutes to include the exact text of any
motion voted on.
Respectful! y,
Randy Winn
WSBA #25833
Rewinn2003@yahoo.com
2
45
526
Cotton Law Offices
~Jean A. Cotton 507 W Wu/drip St.

Allorney & Counselor At Law P. 0. Box 13 ll Office 360-482-6 100
Elma, Washington 98541 Fax 360-482-6002
September 14, 2016
Board of Governors
1325 Fourth Avenue, Suite 600
Re: Proposed Amendments to WSBA By-Laws and Other Court Rules
Dear Governors:
I write these comments so lely in my capacity as a private individual who is an attorney licensed
to practice law in the State of Washington and who is a current member in good standing of the
Washington State Bar Association. This letter is not intended to be nor should it be construed to
be presented in my capac ity as a long-time WSBA Section Leader, member of any particular
WSBA Section or other entity. It should further be acknowledged that the comments presented
herein are not intended as a personal criticism of any particular individual or individuals but
rather as constructive feedback to facilitate an open dialog of controversial issues and a better
work product reflecting the best practices of an organization I have long held in high esteem.
The issues presented by the proposed amendments to the WSBA By-Laws, GR 12, and the APRs
now before the Board of Governors (BOG) for consideration are so vast and far-reaching that it
is extremel y difficult, if not impossible, to prepare a comprehensive, yet concise, presentation of
what I and many of my co lleagues perceive to be problematic about them. To that end , this letter
is, sadly, quite lengthy and detailed but is, by no means, a complete analysis of all of the issues
raised or presented by the proposed amendments. To facilitate a sense of organization, this letter
is presented in sections and a set of exhibits to help the reader. These sections are as follows:
I. An overview of the concerns and questions for which I seek feedback from the BOG;
II. A general list of observations that apply to all of the proposed amendments;
Ill. A general list of observations/question as to each Article of the WSBA By-Laws
supported by a detailed breakdown of comments, Article by Article, provided in a
separate Exhibit which focuses primarily on the specific Article; and
IV. A summary and closing with requests presented to the BOG .
I. OVERVIEW
At the outset I would like to acknowledge the tremendous amount o f time and effort that many
individuals have put into the proposed amendments. Having personally served on committees
and task forces that have tackled major projects that required years of work, 1do appreciate -
probably better than most - what a Herculean effort such a project requires. I also appreciate,
however, that working for so long on a project can result in the creators of the work product
becoming too close to the work thereby resulting in fa ilure to catch important errors or details as
well as the likelihood of becoming too invested in the product. For that reason alone, rather than
trying to push for an exped ited approva l, it is always helpful to subject the product to ' fresh eyes '
in order to gain a better quality product, to avoid unintended consequences, and to achieve user
buy-in.
46
527
Page 2
September 14, 2016
In addition, I have been regularly attending the BOG meetings on for the past ten years or more.
During that time I have witnessed many issues of importance to the members come before the
BOG and, when the members have expressed not onl y interest but concern about the proposals,
the BOG has taken the necessary time to have mu ltiple readings of the proposal and take
questions and feedback from the members and other stakeholders often without regard to their
own expiring terms. One such example was the effort expended prior to approv ing the guide lines
for indigent representation a few years ago.
Th is brings me to my first observation/questi on.
What is the necessity of pushing the proposed ame ndmen ts through after only one short-set first
reading before the BOG?
The answers provided thus far have foc used on assertions that:
(A) this process has been goi ng on for about four years (since appointment by fo rmer
President Crossland of the Governance Task Force (GTF) following passage of the dues
referendum);
(B) this has been a transparent process that has been available to members of WSBA via the
official website al www.wsba.org,;
(C) action needs to be taken before the four governors whose terms are ending in September
20 16 and a past pres ident rotate off the BOG: and
(D) an ongo ing reference to a need to approve and implement these amendments to avoid
anti-trust litigation from the federal government based on the North Carolina Dental case
and, more recently, a vei led reference to some illusive legislation that may be
forthcomi ng to tax attorneys Lo fu nd a new program to provide legal services to middle
income members of the pub\ ic
As to (A). whi le it may be true that th is process started in 2 01 2 , many of the faces in vo lved since
that time have rotated off the BOG or off the task fo rces and work groups involved. The BOG
itself demanded a fu ll year to review the recommendations of the GTF, broken into discrete
pieces to be reviewed one al a Lime at indi vidual BOG meetings, in order to prepare its own
responses and recommendaLions. Thereafter, BOG created a By-Laws Workgrou p (BL W) to take
that work product and tu rn it into proposed by-law and rule amendments for consideration by the
BOG. That process took yet another year but the work product was not even made avai lable to
the members for rev iew and comment until rough ly five business days prior to a Spec ial BOG
Meeting on J\ ugust 23 , 2016, at which the notorious fi rst reading occurred. Onl y then was it
learned that the proposals included things that were not part of the prior two task forces'
recommendations. Moreover. a po11i on of the proposals arc still not complete including those
associated with the Sections Policy Workgroup (S PW)- yet another topic for another time - that
has not even submitted its final recommendat ions to the BOG (nor will it do so prior to the cutoff
imposed on members to comment on the present proposals in order for those comments to appear
in the September BOG Book. In addition, only at that August 23"1meeting was it disc losed that
there were stil l unreso lved questions about what result certai n proposed amendment s actually are
intended to produce. Once such example identi tied was whether the BOG actually intended to
approve the Article that, as curren tly proposed, wo uld al low non-lawyers to run not only for
specific new At-Large gubernatorial seats but also for Congressiona l BOG seats presentl y onl y
availab le to lawyer members of the WSBA .
47
528
Page 3
September 14, 20 16
Why should the current members of the WS BA not be given the same extensive opportunity to
digest and com ment on the proposals that has been afforded to the BOG itself? What makes the
members' input less valuable, appreciated, or important?
As to (B), transparency, it is true that much of the in formation has been placed on the WSBA
webs ite; however, that does not mean that all of the information has been there nor that it has
been there in a timely fashion nor that it has been made easy to locate. It also would be
completely disingenuous to imply that the average member act ually visits the website on a regular
basis, knows how to navigate it, or had act ual knowledge of what has been going on. If that
means the BOG has an excuse to say 'shame on you' to the members, then so be it. I
wholehea1tedly agree. I have been begging the Sections and other stakeholders to assign and
send representatives to every BOG meeting for years but most do not understand the value nor the
importa nce of do ing unless there is a specific topic on an age nda that is of interest to that
pa1ticular stakeholder group. Likewise, it is extremely costly to miss a full day (or more) of
work to attend a meeting that may or may not have any bus iness about which the individual
member holds interest. Unlike those who choose to ru n for WSBA leadership positions and
knowi ngly commit by so doing to the extensive amount of time required to perform the duties of
their office, most members simply do not share the abi lity to do so either in terms of time or
fi nancial expenditure. However, perhaps that has now begun to change with the level of interest
that has been generated by the debac le over the S PW letter of December 3 I, 2015, that has
awakened the Secti on Leaders!
Despite all of that, holding short-set Special BOG meetings du ring the middle of the work week
when most of the members have commitments in court, to clients, or to their employers that
cannot be ignored, is not provid ing members with a meaningful opportun ity to participate.
Allowing attendance by wcbcast without providing. the ability for real-time, interaction by the
on line attendees with one another as well as with those attend ing in person is not transparency nor
is it a good commun ications practice. Withhold ing stakeholder comments and questions
expressed during BOG meeti ngs from the minutes themselves is not transparency nor is that a
good com mu nications practice. Citing to non-existent su rveys or pools as a defense to a work
product is not transparency nor is it a good communications practice. BOG members not visiting
the local bar associations in their district or not visiting the Sections to whom they are a liaison is
not transparency nor is it a good communications practice. All of these things are real and all of
these th ings destroy trust between the BOG and the members. 13ut there is still time to repair this
relati onshi p and rebuild that trust if on ly the BOG will listen to the voices so desperately bei ng
raised now.
As to (C ). does not the BOG have an obligation (and do not the members have the right) to
provide its members an eq ual amount of time to review these work products and provide
important feedback to thei r elected representatives? If not, why not? Neither the BOG nor any
member of WSBA is omni potent and all can ce1tain ly benefit from listening to and considering
the opinions and expertise of their learned colleagues. So again I ask, what is the urgency here?
The proposed amendments arc not routine housekeeping updates that typically require little
discussion or in depth research. These arc major changes that req uire an exceptional effort to
review and clearly express quest ions. concerns. suggestions. and comments.
48
529
Page 4
September 14, 2016
Re: Proposed Amendments to WSl3A By-Laws and Other Court Rules
The amo unt of hard work that has gone into the drafting of proposed By-Law and rule
amendments is certainly appreciated. I, for on<:, understand that type of effon and sacrifice from
personal experience. A good work product. however, wiII stand the test of time and new eyes -
so why not allow the members a real opportunity to become educated and respond rather than
only giving them lip service? Please do not get stuck on a polarizi ng position of "we did our job
and gave yo u notice, you just ignored it'' vs. "how did we know when it's so hard to fi nd anythi ng
on the website and the stuff there is so vague or incomplete". Such a dialog produces no good
result and certainly does not engender eithe r trust or good wi ll. Moreover, it doesn' t add ress the
real issue - the proposed changes to rules and By-Laws that may forever alter the future of this
organization and the practice of law in the state of Washington .
While it is human natu re to take pride in ones authorship of a document, such pride can be one's
ru in and cause minds to close to fresh perspectives or cause the creators to become defen sive
rather than being open to dialog and change. Such closed mindedness creates an environment
where things are overlooked, phrases are inanfully worded, and other work product flaws
nourish. It, unfort unately, appears more and more that the latter is happen ing with regard to the
proposed amendments.
As to (D) , if there has been an y anti-trust suit brought or legis lation dropped, then when and
where has that occurred? While admitted ly I may be wrong, I am unaware of any suit that has
been brought against WSBA (or any other Bar Assn) to date by the feds asserting anti-trust - so
why rush? This is the same argument that was raised to justify creati ng LLLTs and yet there has
been no such suit fi led, to my knowled ge, in an y state in the entire United States. Wou ld it not
be better to know the allegations actuall y invo lved in such a sui t in order to respond app ropriately
or take appropriate corrective action rather than speculate by conducting such a wholesale,
enormous change with onl y the hope it' s what is needed/expected to avoid suit? Why be afraid?
There are over thi1ty tho usand lawyer-members of our Bar Association many of whom are
extraord inarily gifted at their craft and most of whom take on cases every day and work them
th ro ugh in a logical order to success full y resolv<.: the issues in volved . As to any potential
legislation that may be forth coming. essentiall y the same observations apply. In ei ther situation.
acting in haste sends a message thal our leadership has no faith in the skills of our members to
successfully defend against any such sui t or legislation. That certain ly cannot be the intent of the
WSBA leadership or so I wou ld hope it is not.
In summary, all of the reaso ns presented to date to j ustify rushing this process rather than
pmviding for a thorough vett ing of the questions presented arc noth ing more than excuses to
prevent member parti cipation in this process when it has bee n so loudly requested by so many.
II. GENERAL OBSERVAT IONS AS TO PROPOSED AMENDMENTS
Because of the short timcline provided, I have found it to be impossible Lo provide any comment
specific to the proposed changes to the APRs or to GR IJ.. Having said that, however, it is my
observation that those proposed rule changes and inextricably linked to the proposed amendments
to the WSB/\ By-Laws such that neither can or shou ld be submitted without a fu ll vetting of all to
assure consistency and avoid contradiction.
I. PROPOSED WSl3A BY-LJ\W AMENDMENTS.
49
530
Page 5
September 14, 20 16
Re: Proposed Amendments to WS BA By- Laws and Other Cou11 Rules
Thro ughout the proposed By-Law amendments are various substitutions of terms now in use with
new wo rds whose use appears to be suggested in order to encompass non-lawye rs under the
WSl3A By-Laws as full members on equal footi ng with lawyers. The problem is that it becomes
the si tuation of putting a square peg in a rou nd hole. It j ust doesn' t fit.
While many of the functions, purposes, and acti vities (both those authorized and those not
authorized) set forth in the current WSBA By-Laws may be appropri ate to set forth in the By-
laws or Charters of the Boards specifically applicable to LPOs and LLLTs, the merging of them
into the document originally designed to apply onl y to lawye rs is one of those square peg-round
ho le dilemmas in that it changes the mea ning as ori ginall y applied and di mini shes the value to the
current (ori ginal) members of WSBA; i.e. the lawyers.
Many entities arc accountable or report directly to the state Supreme Court but that does not make
all of them (nor should they be) subject to becomin g par1 of the WSBA; i.e. AOC, SCJA, BJ A,
etc. Each of these entities has their own structure, regu latory authori ty, and budget. The same
should be true for the limited license non-lawyer regu latory boards and program s created fo r the
benefit of these Iimited license non-lawyers. Although in 201 2 the state Supreme Court ordered
WSBA to prov ide administrative support to those Boards and hand le the budgets and funds for
those entities, it did not dictate tha t these limited license non-lawyers were to ass ume equal
standing with lawyers as members of the WSBA. Moreover, in the di ssenting opinion to that
20 12 order, it was quite eloquentl y pointed out that requ iring the lawyers of this state to fund
those programs was equi valent to taxing those lawyers and that the authority of the Court to do so
was questionable.
If Iimited license non-lawyers wish to form a professional assoc iation to represent their uniq ue
interests, they should be encouraged to do so. That, however, does not mean that they should be
rolled into an assoc iat ion that was formed for the uniq ue purpose of representing the inte rests of
lawyers. The two are not one and the same and should not be treated as such.
It has been pointed out recently that there has been no ap parent an alysis performed by the WSBA
as to the cost of extending full member benefits to non-lawyers and to renecting those costs in the
non-lawyer license foes in the same manner as the costs of mem bership are calculated and
included in the license fees fo r this state's lawyers (and the proposed lawyer license fee increases
to be voted on at the September 2016 BOG meeting). Due to the unknown fi scal impact of the
issues assoc iated with this question, the matter needs to be full y vetted and the membership made
aware of the resulting research before the pro posed By-Law amendments should be presented fo r
fin al app roval.
!\long the same area of concern is the proposal to acid non-lawyers to the governing body of the
WSBA ; i.e. the BOG. As has become the custom in the last coup le of years, comments in
opposition to this proposal and suggestions for less dramatic pro posa ls have fa llen on deaf ears.
I, for one, strongly oppose such additions to the BOG. T hat being said, however, non-voting non-
lawyer mem bers on the BOG or non-lawyer members of an advisory committee to the BOG are
more attracti ve al tern ati ves if, in fac t, the point is to obtain feedback from and consider the
perspect ives of these non-lawyer groups.
Most of the members of WSBA who have become even slightly in formed about the proposed By-
Law amendments are awa re that there is a proposal to add three new at-large governor seats to the
BOG to be ti lled by non-lawyers. What is of considerably greater importance, however, is the oft
50
531
Page 6
September 14, 20 16
Re: Proposed Amendments lo WSBA By- Laws am! Other Court Rules
overlooked proposed wording in Article VI, ELECT IO NS, and the likely consequence of the
proposed By-Law amendments that may result from the language prese nted . That consequence
is that non-la wyers >vould be eligible and could run for the current BOG seats presentl y only
available onl y to lawyers and voted on by members based on Congressional District. In addi tion,
based on this same proposed language, these same non-lawyers wo uld be eligibl e and could run
for every officer position of the BOG except that filled by the Executive Director as ex officio
Secretary. This would leave onl y the three at large seats reserved for lawyers (i.e. one for Young
Lawyers and two for under-represented or di versity gro ups). Under this possibility, 14 of the 17
possible positions could ul timately be filled by non-lawyers! That is unacceptable .
Another significant area of concerns 1ies wi th the effo1t fo r force all WSBA Sections (currently
28 of them) to be cookie cutter, Stepford wives on one another; an outcome that wo uld essentially
destroy the very essence and value of the Sections. Each Section is a reflection of the unique
areas of practice or interest with their only com mon denominator being that each Section serves
the need s of the lawyers who arc dedicated to improving that area of practice and to bener protect
the clients they represent along with the citizens of the State of Wash ington as a whole. The
unique needs, goals, and composition of each Section demands something other than a cookie
cutter approach. One size all does not fit them all. [fthat is the goal of the proposed
amendments, then wh y not just abol ish the Sections and refund all of the voluntary dues the
members have paid to be a part of those spec ial entities or allow the Sections to break away from
the WSBA to form their own organization s ak in to the Minority Bar Associations now present
within our State.
What will the cost be to implement all of the proposed amendments within the operational
infrastructure of the Bar? T he cost to upgrade the various computer systems and redesign tools
like the lawyer director alone will undoubtedl y be substantia l. So, where are the estimates for
these costs? What was included in them? Were studies even performed to address this issue?
There has been a great dea l o f commentary and discussion regarding whether or not WSBA is a
state agency. Some argue that it is while others argue the opposite. Some on both sides argue
that it must be/or can't be in support of their interpretations of what such a designation (or lack
thereof) means in term s of allowable activities and functions. Some argue that it is not a State
Agency and therefore not subject to the Open Public Meetings Action while at the same time
defending its status as a " pseudo" State Agency (or, the other terminology being "agency of the
state") to justify things such as WSB/\ empl oyees being the beneficiaries of falling under highl y
enviable state retirement programs. Either it is a state agency or it is not. If it is not, get out of
the state retirement system and save a ton of money. lfit is, then get rid ofthe open public
meeting policy within the By-Laws and si mply operate in accordance with the Open Public
Meetings Act.
Ill. EXHIBITS WITll /\RTICLF.-BY-ARTlCLE COMMENTS/QUESTIONS
Attached to thi s letter are individual Exhibits numbered A-I thro ugh A-XVI one to coincide wi th
each Article within the By-Laws. It is within these exhibits that /\ 11icle-spec ific questions and
comments are presented so as to aid the reader in matching the questi ons and comments more
easily with each Article.
IV. SUM MARY AND C l.OSING
51
532
Page 7
September 14, 2016
Re: Proposed Amendments to WSBA By-Laws and Other Coun Rules
/\s with the observations presented in the preceding sections of this letter and the exhibits thereto,
every effort has been made to be thorough but it must be emphasized that the information
presented is NOT intended to be an exhaustive presentation of every possible question or
comment. There is simply insufficient time to do so and the body of knowledge necessary to
provide an exhaustive analys is requires mind s and resources far more well-equipped than what I
have to offer.
There are so many significant (as well as several ve ry subtle) issues presented in the proposed
By-Law amendments abo ut which there is simply insufficient time for one person to provide a
thoughtful and complete commentary by the deadline imposed.
Several of my colleagues have submitted their own effort for your consideration. Not all of us
agree on every issue but we all respect one another's effort in bringing these varying perspectives
to you r attention. I also do not disagree with every proposed amend ment being brought fo11h.
And I wi ll endeavor to identify and provide you with my comments/questions on new issues that
are identified hereafter.
With all that has been discussed th us far, it should be crystal clear to any reader that this unique
and vast set of proposed amendments demands a level of expe1tise and precision that does not
presently exist in the documents that were put fo1t h for first reading at the August 23. 2016,
Special BOG Meeting.
For so many reasons, it is respectfull y requested that the BOG decline to take a final vote on the
proposed By-Law and rule amendments scheduled to be considered at the September 2016 BOG
Meeting and to, instead, schedule a series of meetings over then next year to address a Ii mi ted set
of Articles at each such meeting in the same manner that it analyzed and vetted the GTl-
Recommendations in between June 2014 and September 20 15.
cc: WSBA President Bill Hyslop

WSBA Section Leaders
Washington Supreme Cou11
Governor-Elect Christine Meserve
Governor-Elect Dan Bridges
Governor-Elect Rajeev Majumdar
52
533
EXHIBIT A-I
ARTICLE I. FUNCTIONS
Comments/Questions:
A. PURPOSES ON GENERAL
removes "Association" from name of organization
See comment below re 1110 and 1111.
"Association" has been a part of the name of this organization since its inception in 1933. Even
today, the Washington State Bar Association can be found on the Department of Revenue and
Department of Licensing websites identified as "Entity type: Associati on" and with the NAICS
(North American Industry Classification System) Code 813920 defined as a Professional
Organization.
111 changes "Bar" to "legal profession"
What does this mean? There are a lot of people who are a part of the "legal profession" who
are not included; i.e . secretaries, legal assistant s, court clerks, court administrators, process
servers, and so forth .
It also becomes confusi ng in that the t erm "Bar" has a well-established meaning, fun ction, and
purpose that has been developed over ce nturies . Think of places where it is part of our lingo;
for example, Bench-Bar.
Black's Law Dictionary describes "bar associati on" t o mean an organization that is compose d of
attorneys.
This history of t he term "bar" is delightfully presented in the on the website of the Florida ba r
association as foll ows:
"The history of t he term "bar" as representing a legal organization dates from the early
13400s. The word originated w hen Ki ng Edward II established a system of courts
throu ghout his kingdom to set t le disputes among the people. Judges moved from
village to village to hear and settle disagreements in the surrounding comm unities. The
people of t his early era derived most of their entertainment and education in public
gathering places. Hearing the plights and disputes of fellow villagers was a great
diversion for them. As th e courts grew in number, more people began attending t hese
sessions as a social gathering. Consequently, the court sessions had to be held in fields
or commons t o accommodate the crowds. It soon became necessary to set up
boundaries to se parat e the spectators from the proceedings . This was accomplished by
surrounding the court with a square of logs. Only those person who were part of the
Exhibit A-1-1
53
534
court or party to the argument were allowed within the square of logs of "bars". Thus,
the terminology, "admission to the bar," became synonymous with practicing law. The
term "bar" since has come to mean an organized group practicing law in a given
loca lity."
The proposed change is more than semantics, it would change the entire meaning and
purpose of the sentence and should not be approved.
~ 3 adds "and the public"
What "services" does this organization provide to the public? It does not represent them in
litigation. It does not offer them treatment if they have problems that affect their work ethic. It
does not require them to maintain continuing legal education credits. It does not discipli ne
members of the public. It does not grant them a license of any kind. The only way this
organization "serves" the public is through the regulatory functions of assuring that persons
licensed and practicing law in this state are properly vetted prior t o admission, maintain proper
continuing legal education to assure competence, providing assistance to members who are
experiencing a crisis or problem that affects their work (i.e. addiction, mental health, etc.), and
disciplining those who fail to uphold the standards imposed upon them by rules, statutes, and
case law. Co-mingling the term "and the public" in this sentence is not only highly misleading, it
is also quite confusing and subject to misinterpretation.
A possible solution would be to add a separate item in the list that says something like "Serves
the public by assuring that the standards imposed upon its members as set forth in the RPCs,
APRs, and other applicable rules, statutes, and case law are fully enforced ." This, however, is
already provided in subparagraph 7 which is addressed below and therefore would seem to be
redundant and unnecessary.
~6 Assuming that LLLTs and LPOs are to be elevated to full members of the WSBA, the statement
seems to be benign; however, it would be more clear if a clause were added at the beginning of
the statement such as "As delegated by the Washington Supreme Court, ... "
That being said, what if the ultimate decision is NOT to place LLLTs, LPOs, and Lawyers on equal
membership footing within the WSBA? This begs the question of why non-lawyers should be
included as full members of the WSBA. The only answer being expressed by some at WSBA is
something to the effect that this is required because they have a limited license to practice law
per Supreme Court Order and the Supreme Court has delegated the administrative function for
these individuals to the WSBA. That's not good enough. The LLLTs have their own Board -the
Limited License Legal Technician Board (APR 29(C))- and the LPOs have their own Board - the
Limited Practice Board (APR 12(b)). Both Boards include representatives of that type of
practitioner and all Board members are appointed by the Sup reme Court. If they (the LLLTs and
LPOs) wish to amend those rules so that they have a vote in select ing their Board members, that
would seem the place to do so - not under the Board historically designed specifically for
lawyers?
Exhibit A-1-2
54
535
In addition, why remove the word "misconduct" from the statement? Is it not an allegation of
misconduct that is being investigated? We are certainly not opening investigations based oon
bad hairdos or bad breath are we?
~10 and 11 changes "association" to "organization"
Acco rding to Black's La w Dictionary Free Online Legal Dictionary 2"d Edition, a " Bar Association"
is an o rganization that is composed of attorneys. "Attorneys" are defined as a lawyer, counsel,
a member of the bar and an officer of the courts who is engaged by a client to represent them
and try a case. "Attorney at Law" is defined as an advocate, counsel, official agent employed in
preparing, managing, and trying cases in the courts. An officer in a court of justice who is
employed by a party in a cause to manage the same for him. When used with refe rence to the
proceedings of courts, or the t ransaction of business in the cou rts, the term attorney always
means "attorney at law". An "Association" is described as the act of a number of persons who
unite or join together for some special purpose or business; the union of a company of persons
for the transaction of designated affairs, or the attainment of some common object; an
unincorporated society; a body of persons united and acting together without a charter, but
upon the methods and forms used by incorporated bodies for the prosecution of some common
enterprise . An "Organization", on the other hand, is simply a group of people, structured in a
specific way to achieve a series of shared goals.
Removi ng the word association from its companion word, Bar, is technically a misnome r and
inaccurate.
~6. This paragraph assumes that the WSBA is the body responsible for receiving and investigating
complaints and disciplining, etc. LPOs and LLLTs when, in fact, APR 12 and APR 28 provide that
the Boards for each of those entities have those duties. WSBA has only been delegated the
authority to handle the budgets and funds for those entities and provide administrative support
to those Boards (see APR 12(b)(3) and APR 28(C}(4). Neither of the AP Rs provide for the WSBA
to absorb all functions of the applicable limited practice boards nor that WSBA must absorb the
members of those limited license professions into the WSBA as "mem bers" of the WSBA.
In addition to the types of problems/concerns suggested above, there are also those that are
more about substance than semantics. Specifically, see l.B.22 and 23.
~22. This authorizes the WSBA to establish the amount of all license and other fees as well as the
amount charged (presumably to members?) for services provided by the bar but then trumps
that with a provision allowing the Supreme Court to mod ify the amounts established by WSBA if
that body doesn't like it. There is no accountability here, for example, to require WSBA (or the
Court) to distinguish and clearly publish what portion of a license fee is necessary for the
regulatory functions such as admissions, discipline, or regulatory matters versus what portion is
for non-mandatory, permissive or discretionary functions of WSBA; i.e. the function of serving
the professional association for lawyers.
Exhibit A-1 -3
55
536
I have taken the time to conduct a limited, yet enlightening, amount of research to ascerta in
factual or supporting information as to some statements made by some proponents of the
proposed By-Law amendments. In that effort, I have attempted to look briefly at each of the 50
state bars' websites. I found it interesting that several actual publish the various parts of the
license fees for their jurisdiction b segregating out the mandatory regu latory functions from the
other functions of their respective associations . Why doesn't WSBA do so?
~23 Why must this item be listed? There is great concern that if the Supreme Court wants t he WSBA
or some other entity to administer the boards the court has created, then the court should
assure funding for those boards is provided by those benefitting or reliant upon them; i.e. the
public, the Legislature, the Executive Branch, or the practice area (LPO or LLLT) - but not funds
mandated on other practitioners who are not governed by nor and have any authority over
those other entities' boards. It is a tax upon lawyers with no benefit to them; an unfunded
mandate; a taking. Is that not the same type of conduct attempted by a cruel, mad English King
over two hundred years ago that resulted in the infamous Boston Tea Party?
C. ACTIVITIES NOT AUTHORIZED
No comment.
Exhibit A-1-4
56
537
EXHIBIT A -II
ARTICLE II . DEFINITIONS AND GENERAL PROVISIO NS
COMMENTS/QUESTIONS:
A. HEADQUARTERS
why change "shall" to "will" - what is the functional purpose of t his?
B. SEAL
why change "shal l" to "will"
note that t he Seal will continue to use the word "Association"
C. FILING PAPERS WITH THE BAR
no comment
D. COMPUTATION OF TIME
why remove the word "shall" - is the intent simply to make the sentence a bit less
cumbersome? What about lega l holidays designated by the US Congress?
E. DEFINITIONS AND USE OF TERMS
112 - refers to "membership" w it hout a definition fo r same later; also refers to "members" and
therefore is subject to comments concerning what should constitute who is a member of the
organization that appear throughout this correspondence.
114 -why are all ot her documents such as t hose handwritten, typed, and electronic writings
excluded such as emai ls, scanned documents, etc.? May want to red raft to restate as "including
but not necessarily limited to ... "
115 - what about digital media (not just video which implies a different technology); again may
be more appropriate to include a phrase "including but not necessarily limited to" in this
definition to account for changing technology
116 - does 11electronic form" mean digital? Based on the preceding defi nit ion for " electronic
means", why not have a definition for "electronic form"?
117 - why remove the word "shal l" - is the intent simply to make the sentence a bit less
11
cumbersome? and same comments as to 112 re word member"
Exhibit A-11-1
57
538
~10 - "member" - please see comments in letter as to this definition
~11- "may" is not a term to describe a RIGHT; it is discretionary and, at most, a privilege;
suggest changing "has a right to" to "is allowed to" or removing the phrase completely
Why no definition of either "shall" or "will"? Since these terms are either being used or
replaced throughout the by-laws, there should be a clear, concise definition of each. They are
no less important than the terms "may" and "must" which do have their own definitions!
Why are there several other Articles with "Definitio ns" sections within them (and some with
none whatsoever) rather than having ALL definitions located in one place for ease in reference
AND to assure no term of art within these By Laws is overlooked? For example, Article VII,
MEETINGS, uses the term "Bar entity" (or its plural) many t imes without a specific definition for
this new term of art. That article has its own " Definitions" section as well. So why is that terms
of art not defined anywhere?
F. PARLIAMENTARY PROCEDURE
Why is this subject being eliminated from this Article and moved to ARTICLE VII?
Exhibit A-1 1-2
58
539
EXHIBIT A -Ill
ARTICLE VIII. MEMBERSHIP
Th e greatest dilemma with regard to this sect io n of the by-laws appears to be an inte rm ixing of the
function of licensure and the functi on of membership without consideration of the differences between
the two. Th e t erms are not synonymous but the proposed amendments attempt to t reat them as such.
The primary basis for this conundrum is the apparent attempt to pu ll under one umbrella three (or
more) separate t ypes of service providers when the core function of each type of service provider is
substantially different as are their interests, needs, and fi nancial re alities.
To utilize the term "member", or its derivative "mem bership", when referring to a licensure function is
extremely misleading and is causing substantial confusion when discussions ensue regarding the
proposed amendments to the by-laws.
While I wholeheartedly oppose the att empt to include non-lawyers under the umbrella of the WSBA, if
that is the reality that is goi ng to happen despite the objections of lawyers for w ho m the WSBA was
created to represe nt and serve, then perhaps a better method of handling the non-lawye r service
provider cat egories would be t o have separate Articles fo r each group; i.e. Article VIII. Lawyer
Membership; Article XIV. Limited Li cense Lega l Technician Membership; and Article XV. Limited Practice
Officer Membership .
Throughout thi s enti re Article there is great inconsistency in the use ofterminology which must be
corrected for purposes of clarity and accuracy. Some examples of t his are cited in th e following
comments but, as a t ime-saving measure, not all incidents are noted.
A. CLASSES OF MEMBERSHIP
1
The section is completely new and replaces the existing Sect ion A of Article VII I that is now addressed
under a new Section Bin Article VIII that is entitled "Status Classifications". The existing version of this
Section describes the various classifications available to attorneys (i.e. lawyers) based on th eir licensure
status; i.e. active, inactive, etc.
In the exist ing version, t here was no need to breakout the Section into t wo separate ones because only
one type of service provider was being addressed and all persons who fell into that category had the
same things in common; i.e. educational requirements, licensing fees, membership interests and
benefits, financial obligations and needs, etc.
Perhaps the better method of rewriting this Article's Section would have been as indicated above, a
separate Article for each type of service provider cat egory with each new Article having its own Sections
for the various classifications, etc. That would then allow for this particular Article to start by simply
1
The use of "exist ing" refers to the By-Laws of the Washington State Bar Associa tion last approved by BOG on
September 18, 2015.
Exh ibit A-1 11-1
59
540
changing the heading of this Section to MEMBERSHIP STATUS under which the various status categories
are/should be addressed as in the existing Article Ill.
That being said, if the decision is to maintain all categories of service providers under one Article, then,
at the very least, the title of this Section should be changed from CLASSES OF MEMBERSHIP to TYPES OF
LICENSURE to distinguish it from the next Section that discusses "classifications" .
~1 - The intermingling of the concept of membership and licensure is put to the forefront in the
introductory sentence - this is problematic
a. For attorneys, the proposed language limits membership to those admitted to practice law
pursuant to only APR 3 and APR 5 even though those qualified to practice pursuant to APR 8
and APR 14 are currently members of the WSBA and pay fees to WSBA pursuant to those
two latter rules .
b. Why is not similar additional language such as " admitted and licensed to practice in a
limited capacity pursuant to APR 28" included for the LLLT "members" as was for the
attorney members?
c. Why is not similar additional language such as " admitted and licensed to practice in a
limited capacity pursuant to APR 12" included for the LPO "members" as was for the
attorney members?
The final, unnumbered paragraph of Section A.1 rambles and could be considerably more
concise.
~2 - Why are those licensed pursuant to APR 8 and APR 14 being excluded from membership in the
Bar when they are required to pay fees to WSBA and the current APRs describe them as
members? What's the benefit of excluding them? And, if excluded from membership status,
why should they have to pay any fees?
The final sentence of the paragraph should, in its entirety, be a separate, numbered paragraph
and should be redrafted to be considerably more concise. Would not a simple sentence such as
"Membership in the Bar ends upon termination or revocation of a member's license, whether or
not such act is voluntary."
B. STATUS CLASSIFICATIONS
This Section, now a new one, is the proposed rewriting of the existing Article's Section A.
Again, by attempting to combine descriptions for the status of a lawyer-member with those of non-
lawyer service providers, the wording in this Section is often convoluted, difficult to read, and inartfully
crafted.
The heading of this Section could be more accurately relayed by changing the heading to MEMBERSHIP
STATUS TYPES. Then, if all such service provides must be addressed in this one Section, it would be much
more appropriate to provide applicable titles to sub-sections for each t ype of service provider that are
Exhibit A-111-2
60
541
appropriately titled; i.e. Active-Lawyer, Active-LLLT, Active-LPO, etc. rather than trying to address them
all in the manner presented in the proposed amendments. This specific concern/comment is applicable
when addressing Article IV.
These sub-categories of service provider types would be most beneficial when transferred to the WSBA
member directory. Currently when looking up an attorney, the on-line directory displays a field entitled
"Status". Right now, because only attorneys are in the directory, that status field simply reflects
"Active" or some other status. If all service provider types are going to be lumped together, it would be
difficult to distinguish between an Active lawyer versus an Active LPO or an Active LLLT. That would be
EXTREMELY misleading to the public as well as to other WSBA members. This fact alone justifies
breaking out the service providers into separate sections within the by-laws rather than lumping all into
one.
To begin the Section, I would suggest a re-write of the introductory sentence. One suggestion could be:
There are XXX types of membership status. The qualifications, privileges, and restrictions for each t ype
of status are set forth in the sub-sections hereafter."
Why aren't the other classes of licensure included under this Section when they are clearly mentioned
later in this Article without the same type of descriptive information; i.e. Disbarred, Resign in Lieu of
Disbarment, Voluntary Resignation, Resignation in Lieu of Discipline, Revocation? Aren't all of these akin
to subcategories within a "Revoked" status? What about Administrative Suspension?
111 - if changed to address the service provider type, the title of this sub-section should be "Active-
Lawyer"; otherwise "Active Status"; In addition, removal of the phrase "or disbarred .. ." and
leaving only the disqualifying act of being suspended is misleading and incomplete. What about
members who are not only disbarred but are inactive, have resigned, or are some other status
other than fully active? This needs to be further fleshed out to be concise and comprehensive.
111.b.2 Considering the practice elsewhere in the by-laws, why list all of these " entities" and just simply
say "other Bar Entity"?
111.b.4 This is not accurate if non-lawyers become Active bar members as is being proposed. Each
Section currently has its own by-laws, some of which exclude certain types of practitioners such
as non-lawyers. Sections shou ld be allowed to make such a determination rather than being
forced to take in a new class of members - voting or non-voting - without their consent - a topic
yet to be fleshed out in that Article and a separate workgroup's efforts. Suggest adding clause
at end of statement that states "if allowed under the Section's by-laws".
111.b.S This is a debatable issue as the cost and funding to support such additional members' access to
full member benefits now financed solely by attorney membe rs of the Bar.
112 The introductory paragraph that is being deleted is informative and helpful. It is suggested that
this remain in the updated by-laws and possibly expanded to include "Inactive-Non lawyer". Are
inactive members going to be allowed to serve on other " Ba r entities"? Why list only
committees and boards?
Exhibit A-111-3
61
542
112.a.l Again, this should remain the decision of each Section and be subject to the provisions set forth
in their by-laws. One size does not fit all and should not.
112.a.5 What member benefits are being offered to inactive membe rs and what are t he costs of this as
well as the source of funding? Has any ana lysis been perform ed? If so, where can this
informat ion be found?
112.b.2) Is the intent to call this status " disability inactive" or simply " inactive"? If the latte r, then a
simple statement under the preceding statement to indicate inclusion of such individuals would
be more concise and sufficient. If the former, then clearly use t he two-word term throughout
whenever referring to that status classification would be more appropriate.
112.b.3) Why are " honorary" members included under this status classification? Why not a separate one
or, as stated for 2.b.2) above, why not list them under the inactive class description? Rea ding
the description in this paragraph begs for the class to be a separate, st andalone one and not
part of the inactive classification.
113 Throughout this section t here is reference t o "resign" and "voluntarily resigned" - th e use
should be made consistent to say one or the other but not use both. It is somewhat misleading
and confusi ng otherwise.
113.d.2 Considering the practice elsewhere in th e by-laws, why list all of these "entities" and j ust simply
11 3.d.3 What member benefits are being offered to judici al members and what are th e costs of this as
well as th e source of funding? Has any analysis been performed? If so, where can this
information be found?
113.d.4 Again, th is sho uld remain the decision of each Section and be subject to the provisions set fo rth
in their by-laws. One size does not fit all and should not.
113. d.5 What does thi s mean? If they ca n se rve on Bar entities, why wouldn't they be eligi ble to vote or
hold an officer/chai r type of position wit hin that entity? Th is seems to be contrad icting 3.d.2
above.
114.a Considering th e practice elsewhere in t he by-laws, why list all of these "entiti es" and just simply
114.b Again, t his should remain the decision of each Section and be subject to the provisions set forth
in their by-laws. One size does not fit all and should not .
114.d What member benefits are being offered to Emeritus Pro Bono members and what are the costs
of this as w ell as the source of funding? Has any analysis been perform ed? If so, where can this
information be found?
Exhibit A-111-4
62
543
115 The statement that "Members of any type can ... " [emphasis added) have their membership
suspended is not only inaccurate but also grammatically inco rrect. First, any type would
arguably include disbarred members (recognizing that this status is not currently identified
under this Section of the Article but arguably should be identified) and it appears the writer only
intended "any" to include active and inactive status classes included by the statement. Second,
"can" imparts that the member "is able to" and therefore has a choice or cont rol over the
decision when, in fact, that is not true . If I understand the intent of the writer, I believe t he
statement should be rewritten to indicate that the Supreme Cou rt has authority to order any
member to be suspended based on some criteria specified in the statement.
C. REGISTER OF MEMBERS
No comment .
D. CHANGE OF MEMBERSHIP STATUS TO ACTIVE
111 What include the second sentence? Would it not be better to add a clause at the conclusion of
the preceding sentence stating "and as set forth in applicable APRs"?
111.b What does the newly added last sentence mean?
112 Why is the reinstatement/readmission course only required for lawyer members?
E. CHANGE OF MEMBERSHIP STATUS TO INACTIVE through H. VOLUNTARY RESIGNATION
Comments that may be applicable to th ese Sections are not provided in this document due to t he time
restrictions for submittal of position letters to the BOG. The writer reserves the right to provide
additional feedback at a later date if necessary.
I. ANNUAL LICENSE FEES AND ASSESSMENTS
116 This provision DOES NOT belong in this Article and should be removed and placed under Article
VIII.
J. SUSPENSION through 0. EXAMINATION REQUIRED
Comments that may be applicable to t hese Sections are not provided in this document due to the time
restrictions for submittal of position letters to the BOG. The writer reserves the right to provide
add itional feedback at a later date if necessary
Exhibit A-111-5
63
544
EXHIBIT A-IV
ARTICLE IV. GOVERNANCE
COMMENTS/QUESTIONS:
There are 3 versions provided in the materia ls disseminated for t he August 23'd meeting. Having
insufficient time to address all three versions, only Version 1 is addressed below.
Why isn't the Executive Committee described in this Article instead of only being mentioned in Article
VII????? Since by its very Charter the Executive Committee is clearly a function of governance, it should
be fully addressed under thi s Article.
If removing "Boa rd of Governors" essentially throughout the Article (and elsewhere in these By Laws)
and replacing it with "BOG", then, for co nsistency, every reference to " BOG" should be prefaced with
the word "the" or it shouldn' t be - not both. The prefa cing "the" is not consistently used in these
Why rep lace "sha ll" with "will" o r "must" here and in other Articles? What is the purpose/rationale to
do so?
A. BOARD OF GOVERNORS
~ 1. - cha nging three at large Govern ors to six at large Governors -
First, rega rdl ess of the Governance Task Force recommendation s, I have found th e most members
of the Bar oppose this change as do I. Second, why cal l these "elected" Governors when they are
really just appointed by the BOG? Say that. They are appointed. They have no representative
capacity as t o any grou p of the membership . The same is true of the President. See subparagraph
2b comment s.
~ 2. - a. It is tru e th at th e BOG elects the President, but why is t hat the case? Why isn't the President
elect ed by the members? What would be wrong with that? Wit h electronic voting now available, it
wou ld be simple to do and provide much greater support by the members than t he current methods
w hich often appea r to sim ply provide an existing inside r with th e upper hand in the selection
process over one not a current BOG member (look at the last t wo selections)!
b. Th e sentence is missing an "and" after the newly proposed clause and the existing clause that
begins with "annually .... "
c. Each Governor is elected to represent the interests of their district's members and in doing so,
represents the interests of all members. Representing one's district does not mean that the
Governor is absolutely bound by misinformed or uninformed members (which would occur less
often with better communications from the Governo rs to their districts). Even more important is
that the Gove rnors DO NOT represe nt the public w ho are not members of the Bar ! While the Bar
may serve the public through the its obligation to assure competency in its members, it does NOT
represent and is NOT elected by the general public. Use of the word "represen t" in this paragraph is
Exhibit A- IV-1
64
545
a misapplication of the term itself as well as applied to t he role of the governors and should not be
used.
d. As written in the existing version of the bylaws, th e statement is accurate. As proposed in the
amended version, the st atement is not only inaccurate but also dilutes t he duties and
responsibilities of the elected governors.
e. There should be some recourse against Governors who are appointed to serve as BOG liaisons
but who do not attend the meetings nor communicate with those entities to which they are to be
liaising. Moreover, there should be no specia l treatment that requires an entity to allow such a
Governor to attend their executive sessions. This change from a permissive to a mandatory in the
proposed amendment is inappropriate and not well received. Moreover, why is/should not the
same courtesy be extended to entity liaisons to the BOG?
f. - Is the int ent of the amended portion of this paragraph to excuse Governors from attending
other functions that, prior to these proposed amendments, they have historically been expected to
attend?
114 b 2) - Why not conduct a specia l election as described in section 4.b.3) under th is circumstance and
whe re the Governor in question is one elected based on Congressiona l District, rather than have
the BOG select the successor Governor? It makes sense for BOG t o appoint a successor when it
was BOG who made the original appointment but not when the original Governor was elected
by the members.
Based on the forego ing concerns/comments, the BOG is urged to NOT approve the proposed
amendments as written at this time.
B. OFFICERS OF THE BAR
Considering the core, unresolved problem of who will be an "Active" member under the proposed bylaw
amendments and whether there needs to be one or more subcategories of active members (i.e. Active-
lawyer, Active-LLLT, Active-LPO, etc.) requires an answer before being able to accurately comment on
parts of this Section of Article IV and other applicable Articles.
In this case, the clause indicating that "all officers must be Active members of the Bar" is highly
misleading without that clarification being in place. Using only th e term Active member in this situation
w ithout more clarification wi ll mean that one or more non-lawyer members of the BOG (assuming th at
provision is adopted) could be officers of the Bar. That is completely unacceptable since not a single one
of those individuals would be elected by th e lawyer members of the Bar.
111- Why list all of the potential bar entities here when elsewhere throughout these proposed
by-law amendments the effort is being made to eliminate such lists other than in a
definition? Why is the President only expected to provide one report to the members of the
activities of t he Bar? Why isn't it a minimum of one report with an expectation of multiple
reports?
11 6 - Why change from the word "pleasure" to "direction"? Would it not be more accurate to say
that th e "Executive Director serves at the pleasure of the BOG as directed and is subj ect to
Exhibit A-IV-2
65
546
an annual performance review by th e BOG ." This implies that the position will not be subject
to hiring/firing/disciplining by the employer as any other employee would be. Is that the
desired intent?
~ 7 a- Same question/comment as to why isn't the President elected by the members rather than
by the BOG? This topic requires discussion involving fill of the current members of the
association.
~7 b- Same comment as for paragraph 6 above. In addition, despite the Governance Task Force
Report recommendation to the contrary, the Supreme Court should play no role in the
selection or termination of the Executive Director of this organization. That individual is an
employee of the organization mandated to follow the directives and serve at the pleasure of
the BOG . If the Supreme Court has issue with those directives, they should be addressed
directly to the BOG, not to its employee. Moreover, as illustrated in case law that has been
cited by others in their presentations to BOG over the last few weeks, the Supreme Court
only has authority over the regulatory/discipline/licensure side of the organization and not
the professional side of it that shou ld be representing the members' interests. This would
undoubtedly cross that line and place too much authority in t he hands of the Supreme Court
over issues it should not be involved in.
C. BOARD OF GOVERNORS COMMITIEES
~1 - Here is another example of why trying to make a one-size fits all set of By-Laws is cumbersome
and confusing to the reader. Are BOG committees subject to the same rules and regulations
(bylaws) as all other Bar entities that are supposedly being lumped into that one term, Bar
entity? If not, why not? If BOG Committees are special, then what limitations are there on
creating new ones or eliminating old ones on a whim or to silence dissenting members? What's
the difference between a BOG Standing Committee, a BOG Special Committee, a BOG Work
Group, any other BOG subgroup, and non-Bog committees, work groups, or other subgroups?
~2 - Why, in subparagraph 2, aren't non-BOG or non-Bar staff persons listed as potential members of
these "committees"? And, if there are such members, why are they not automatically voting
members? Why shouldn't they be? [Also, th e last sentence in the subparagraph needs a
rewrite to make it more concise and clear.]
~3 - Subparagraph 3 contradicts provisions elsewhere in these proposed by-laws as t o who may

attend and under what circumstances. There needs to be work done to make these various
provisions consistent with one another.
~4 - Why is this Committee segregated out and made a part of the By-Laws when the others listed in
paragraph 1 are not?
Why is this committee on ly required to have a 2/3 {67%) majority for determining either that
the legislation complies with GR 12.1 or for purposes of taking a legislative position WHEN
SECTIONS ARE REQUIRED TO HAVE A % {75%) MAJORITY in order to do either???????
D. POLITICAL ACTI VITY
Exhibit A-IV-3
66
547
no comments
E. REPRESENTATION OF THE BAR
This introductory paragraph is yet another example of missing what is being promoted elsewhere in
these proposed by-law amendments - Why list all of the potential bar entities when elsewhere
throughout these by-laws th e effort is being made to eliminate such lists other than in a definition?
For all of the above concerns/comments, the BOG is urged NOT to approved the proposed amendments
to Article IV.
Exhibit A-IV-4
67
548
EXHIBIT A -V
ARTICLE IV. APPROPRIATIONS AND EXPENSES
COMMENTS/QUESTIONS.
Genera lly, the ve rb tense in this Article is not consist ent within the Article itself and also does not match
that of other Articles and should be modified to be consistent throughout the By-Laws.
Same general comment as to substitutions such as the word "wi ll" for "shall", etc.
A. APPROPR IATIONS
11 1.a. an example of the general comment above; i.e. "sha ll appoint" is more consistent than
"appoi nts".
Also, the paragraph following subparagraph 1.c. appears to be part of the primary
paragraph and, as such, the margin should be extended to the left to line up with the
primary paragraph . Same general comment about verb tense. Also, is it the intent of the
last sentence in this paragraph to al low/include non-BOG members on the BOG Budget and
Audit Committee and, if so, wha t type of individuals are envisioned: i.e. staff, members of
the pub lic, lawyer members of the Bar, others? Please clarify .
B. EXPENSES; LIMITED LIABILITY
11 2 Typographica l error resulting from substation of "is" for "sha ll" without removing word "be"
needs to be corrected.
11 3 and 11 4 - Both of these statements appear to require cross referencing to Article XIV,
INDEMNIFICATION, and should be consistent with that latter Article. Is it the intent of either or
both of these provisions to impose personal li ability on such individuals or entities when the
liability has been incurred through no fau lt of their own? That is what is implied.
EXHIBIT A-V-1
68
549
EXHIBIT A -VI
ARTICLE VI. ELECTIONS
COMMENTS/QUESTIONS:
There are 3 versions provided in the materials disseminated for the August 23'd meeting. Having
insufficient t ime to address all t hree versions, only Version 1 is addressed below.
A substantial amount of comments have already been provided regarding the contents of this Article
and therefore I will not spend a great deal of t ime on detail here. However, there are some quite
substantial issues that the BOG was unable to answe r during the August 23, 2016, Special BOG Meeting
w ith respect to the intent of the use of certain terms w ithin this Article. In fact, it was acknowledged
during that meeting that the question posed as to the intent of the proposed changes in this Article had
been previously discussed but not resolved as to what the intent will be.
The question posed surrounds the drafted language where the t erms "Active member" and "Active
lawyer member" are utilized . This is the primary issued below in each of the affected sections and
paragraphs.
A. ELIGIBILITY FOR MEMBERSHIP ON BOARD OF GOVERNORS
~ 1 The existing Congressional District Governors are now elected by the members and
currently only lawyer members of the Bar are eligible to fill these posit ions; the term used to
indicate this currently is "Active member". However, ifthe term "active" is amended (as
suggested in Article Ill) to include non-lawyer limited licensed individuals, this changes
completely who may be eligible to run for a Congressional District Gubernatorial seat and
would potentially mean that non-lawyers wou ld be allowed to fill any or all of these 11 seats
in addition to the proposed new at-large seats reserved for non-lawyers. This brings the
t ota l potential seats a non-lawyer could fi ll to 14 of t he total 17 seats on the BOG as well as
being eligible to run for the Presidency of the Bar.
This is completely unacceptable and should not be allowed.
~ 2 This section addresses the At Large Gove rnor positio ns all of which are appointed by the 11
Congressional District Governors rather than by the members of the Bar. There are
currently on ly three such positions on the BOG; a Young Lawyer position and two positions
designed for members representative of traditionally underrepresented or otherwise
diverse candidates. The proposed amendments would add three addit ional at large
governor positions; two for limited license non-lawyers and one for a layperson.
~ 2.a. addresses the t wo lawyer positions and ~ 2.b. addresses the Young Lawyer position -
all of which the proposal continues to identify as avai lable only for active lawyer members.
B. NOMINATI ONS AND APPLICATIONS
EXH IBIT A-Vl-1

69
550
I have no particular comments or questions as to the procedural aspects of the nominations and
applications processes as set forth in this Section of the Article.
My question/comments only has to do with w hy there should be any appointment process other
than t o fill a position vacated due to resignatio n, death, or similar disability.
It has never been clear why the at-large positions are appointed by the BOG rather than being
elected by the members they are intended to represent; i.e. the Young Lawyer position by young
lawye rs and the other two positions by the members (lawyers) of the entire Bar. There have been
severa l recent comments by others that have call ed t his practice into question and I concur with
their voices that the time has come for all members of the BOG to be elected by their int ended
constituents rath er than appointed by the BOG.
C. ELECTION OF GOVERNORS
11 2.a. - see comment above as to Section A 111.
11 2.c.1-why not base the deadline on the date postmarked instead of t he date de livered to the Bar
office. For many ru ra l communities, the standa rd "3-day" delay for mail t o be received is pure
ficti on. I, for one, live in a community w here w hen I mail a letter to an adjacent community
immediately west of my city using the US Post al Service, that pi ece of mail is fi rst sent by my
post office to the main sortin g posta l center 40-50 miles t o t he east of my town and t hen
processed and sent to the address on the mai ling label I prepared that is only 10 miles to my
west. I have tracked this process and discovered th at it is not unusual for my letter to be
received at its intended recipient's address anywhere from the next day to 10 days later.
However, if the postmark shows the date of mailing, there is proof of the t imeliness of my act of
mailing by any particu la r deadl ine. It wou ld seem logical that this same method be used by the
Bar for the mailing of ballots until such time as all ba llots are cast only via electronic voting
(then the problem of power and internet outages come into play).
11 2.e Please clarify what the place to w hich the ballots are del ivered is intended to be; i.e. 10 days
afte r the date the ballots are delivered to the vote r or to the Bar.
112.f Pl ease clarify w hat type of "active members" are being referred to in this pa ragraph.
D. ELECTIONS BY BOARD OF GOVERNORS
111 -11 3 - See comments above as to Section A 111. and as to Section B.
F. MEMBER RECALL OF GOVERNORS
Same question as to what constitutes an Active member for purposes of this Section. Would it be
allowed for a non-lawyer "Active" member to generate a recall of a lawyer governor and vice-versa?
111 - Raising the threshold for a recall petition from 5% to 25% of the act ive members of the
Gove rnor's Congressional District would req uire, in many cases, more signatures t han the
EXHIBIT A-Vl-2
70
551
number of active members who actually vote for their governors. This is just WRONG ! It also
brings to mind a new question: If it is determined that the Congressional District Governors
shall remain all lawyer governors, the when counting who may vote for a Governor in a
Congressiona l District, will "Active" member non-lawyers be included in that headcount and
balloting for the lawyer members?
~ 2 At least in terms of a recall of a Young Lawyer Governor, only Young Lawyers would be allowed
to participate in any vote and petition process. However, once again, raising the th reshold for a
recall petition from 5% to 25% of the active Young Lawyer members is just not right and should
not be approved.
What about recall of one of the proposed new at large governor seats as well as the remaining current
two at large governor seats? What is the process for each of these and why is it not included in this
Article?
EXH IBIT A-Vl-3

71
552
EXHIBIT A -VII
ARTICLE VII. MEETINGS
COMMENTS/QUESTIONS:
Although Sections A and B appea r to be intended to apply to all " Ba r entities" (includ ing committees,
Sections, task forces, etc.), they are really applicable only to BOG and do not reflect the realit y of
meetings of other entit ies.
A. GENERAL PROVISIONS; DEFINITIONS
See comment under Article II, Definitions.
11 a. Why eliminate the description for " Regular meetings" yet include a special description for
"Specia l Meetings"? Such drafting is inconsistent and potentially misleading. W hat was
misleading or inconsistent about the existing sentence concerning regular meetings? What is the
rationale behind this change?
11 b. All the other terms t hat are defined in this section begi n with t he term being defined EXCEPT
FOR "Bar entity" (or its plural). To be consistent in t he formatting, th is paragraph should be
rewritten to fo llow the same layout. More appropriate would be t o move all definitions,
includ ing t his one to Article II.
In addition, under the proposed amendment, the individ ual entities delin eated in th e existing
Article are stricken-through and replaced by the term "bar entity" (or its plural); however, the
procedures and practices covered are, in actuality, more akin to the procedures and practices of
the BOG rather than of many of the other bar entities involved. For example, where BOG may
not allow proxies for purposes of voting, other entities through their approved By-Laws do.
11 c. Since it is broken out into a separate pa ragraph, why not separately enumerate the definition
for "final action" to maintain consistent formatting?
11 d. This is a new definition fo r "minutes" that is not in the existing By-Laws. Why?
Th is addition to the By Laws is particularly interesting in that it will now codify th e excuse for no
longer listing liaison and guest attendees at BOG meetings that began earlier this year. When
asked why these individuals were no longer included in the minutes of BOG meetings, the
answer given by the Executive Director was that the By Laws did not require their identificat ion !
A gradual sterilization of the minutes of BOG meetings has occurred over the last two years
beginning with the elimination of any reference to questions/comm ents from liaisons and
guests with the minutes produced in the September 2014 BOG Book and now the complete
elimination of any record whatsoever that these individuals even attended the BOG meetings
either on their own behalf or in a representative ca pacity for another organization. Despite the
removal of any mention of member attendees, Bar staff (employees) are routinely listed in the
minutes as attendees as is their input on issues/topics th us placing them in a what appears to be
a priority position over the actual members. Such sterilizing of the minutes is not
Exhibit A-Vll-1
72
553
representative of a transparent organization, does not promote the involvement nor interest of
the members, nor promote good will and should be discouraged.
Based on the foregoing, the BOG is urged NOT to approve the proposed amendments to Section A of
Article VII at this time .
B. OPEN MEETINGS POLICY
It is understood that the BOG is not satisfied w ith simply adopting t he provision of the long standing
statutory provision known as the Open Public Meetings Act. It is not understood why that Act is
insufficient for use by WSBA nor why its scope is apparently considered to be too narrow for use by
WSBA. Please explain.
~ 1. Why eliminate.the introductory paragraph 1 that is included in the existing By Laws? What
purpose does eliminating it serve?
As t o the second paragraph (the first in the proposed amendments), whether or not
intended to be so, the second sentence can be viewed as a restrictive measure rather than a
non-exhaustive, permissive list for meeting format. Some bar entities have authorized email
meetings/discussions as an additional means of timely discussion. With the way this
sentence is written, it could be viewed as prohibiting that. If t his is the intent, why? What
purpose does it serve? In addition, as techno logy advances, t here may be ot her meaningful
methods of conducting open meetings that would serve the purpose of transparency.
Again, limiting language does not necessarily anticipate such future t echnological advances.
~ 2. Why aren't matters regulated by the LLLT RPCs included in the list of entities set forth in this
paragraph?
~ 3. Here's another big change related to minutes. Presently the minutes of each BOG meeting
are drafted and included in the BOG Book of the next BOG meeting for approval. Under t his
proposed amendment, only approved minutes would be made available to the public and
the promptness requirement in generating those minutes is remove d. In addition, the last
sentence makes no sense. What entities are not required to record minutes or not allowed
to take final action on a matter and why? Finally, once again the question arises of why
substitute the words "will" or "must fo r the word "shall"?
~4 Another instance of the question of why substitute the words "will" or "must for the word
"shall"?
~ 6 This is an example of an instance specific to BOG meetings that the proposed amendment
appears to be making applicable to all bar entities; i.e. voting for At Large Governors, etc.
There are no votes for at large governors by most if not all other bar entit ies. The entire
paragraph is somewhat inartfully written and effort should be made to draft a better
proposal. The existing paragraph 6 is straightforward and concise and should be retained.
~ 7 The existing paragraphs 7 through 9 are now renumbered to 8 th rough 10 with this new
paragraph 7 (and its new subpa ragraphs) being added by the proposed amendments to
specifically address Executive Sessions.
Exhibit A-Vll-2
73
554
~ 7a. This new paragraph is an example of a provision that is specific to BOG meetings by its very
language. As such, it should not be under Section B of this Arti cl e but rather under Section
C. Moreover, the items de lineated beneath it in subparts 1 through 6 are either overly
wordy or expand the purpose of an executive session to processes normally prohibited to
occur in an executive session based on the Open Public Meetings Act. Subparagraph 6 is
specifically far too permissive and essentially provides limitless authority to the President to
rai se and discuss anything in secret rather than in a public meeting. This is NOT
transparency. This is NOT good practice. This does NOT promote trust.
The ending paragraph to subparagraph 7a is unnumbered but, again, is not on ly overly broad but may
directly contradict or be inconsistent with provisions in Article IV.
~ 7b & 7c. These new paragraphs are examples of provisions that are specific to bar entit ies other
than BOG. Why break out BOG Committees separate from other ba r entities? This
contradicts th e basic prem ise being put forth that all bar entities other than BOG are to be
treated the same. It that prem ise is true, then paragraphs 7b and 7c should be combined
and applicable to all such other bar entities. If, on the other hand, the comm ittee described
is such a unique entity, then tell us which committee(s) is/are at issue.
As above, the ending paragraph to subparagraph 7b is essentially ident ical to that provided for BOG and
shou ld not be. It is also not consistent with the provision set forth in Article IV.
This paragraph supposedly is applicable to a committee not th e BOG. In add ition, as above, th e items
delineated beneath it in subparts 1 through 6 are either overly wordy or expand the purpose of an
executive session to processes normally prohibited to occur in an executive session based on the Open
Public Meetings Act. Subparagraph 6 is specifically far too permi ssive and essenti ally provides lim itless
authority to the Committee Chair to raise and discuss anything in secret rat her than in a public meeting.
This is NOT transparency. This is NOT good practice. This does NOT promote trust.
As to the content of paragraph 7c, it is far less expansive than either 7a or 7b and is more akin to t hat
set forth in t he Open Public Meetings Act. It is a better example of what would be more acceptable
und er both paragraphs 7a and 7b. Most important, it does not include the overly expansive
subparagraph 6 of the other two paragraphs discussed above.
The ending paragraph to subparagraph 7c is unnumbered but, again, is not only overly broad but may
directly contradict or be inconsistent with provisions in Article IV. Moreover, why should Bar staff and
the BOG liaison have an absolute right of attendance to such an entity's executive sessions?
~ 8 thru ~ 10 - no ch anges of substance; more substituting "will" fo r " shall" without good cause.
Based on th e foregoing comments, th e BOG is urged to NOT approve the proposed amendments to
Section B of Article VII at this time .
C. MEETINGS OF THE BOARD OF GOVERNORS
~ 1- No changes of su bstan ce. This does not, howeve r, mea n that there is not good cause fo r at
least one minor change that may promote greater transparency, notices, and good will.
That minor cha nge would be to req uire th e posting of th e prelim inary and the fi nal BOG
Exhibit A-Vll-3
74
555
agendas as well as the BOG book on the Bar webs ite by dates certain. For example, the
preliminary agenda should be posted at the same t ime as t he meeting notice at least 45
days prior t o the meeting. The final agenda and book should be posted at least 14 days
prior to the meeting with the ability to post supplemental materials thereafter. As it is now,
there is often consid erably less time between the posting of the book and the actual
meeting leaving little t ime for anyone t o give due consideration or obtain feedback from
liaison's or rep resent ative's constituents .
~ 2a - Why expand the list of who can call for a special meeting t o include 3 members of t he
" Executive Committee"? (See question under Section Das to membership on the Executive
Committee)
~ 2b - Since the ED is already an ex officio officer (secretary), is not listing the ED here redundant?
(see Article IV Section B) Remove the "and" prior to "the general Counsel". Why not make
the t ime for notice of a special meeting a minimum of five business days rather than five
days? Does the last sentence mean that the notice of cancellation and all supporting
documents must also be posted on the website?
~ 5- The new location for Parliamentary Procedure. Why not utilize t he same la nguage t hat is
proposed for removal from existi ng Article 2F and copy it here rather tha n changing the
language as is now proposed?
Based on th e foregoing comments/questions, the BOG is urged NOT t o approve the proposed
amendments t o Section C of Article VII at this time.
D. EXECUTIVE COMMITIEE OF THE BOG
Is the Chair of the BOG Personnel Comm ittee a Governor or a Bar Staff member?
This Executive Committee is the result of a recomme ndation of the Governance Task Force. When this
topic came before BOG for discussion, there was considerable debate over whether the ED or any other
unelected individual se rving on this EC should be allowed a vote on committee busi ness when such
persons have no vote on BOG. Despite that, th e formation documents for t he committee authorized
that privilege, once again diluting the authori ty of the m embers over the governance of t heir
association.
Where is the policy for w heth er or not these meetings are subject t o the Open Meeting Po licy? If th ey
are not, why not?
Unti l this issue is resolved and addressed in the By Laws, the BOG is urged NOT to approve Section D of
Article VII at this time.
E. FI NAL APPROVAL OF ACTION BY THE BOARD OF GOVERNORS
no comme nt
Exhibit A-Vll-4
75
556
EXHIBIT A -VIII
ARTICLE VIII. MEMBER REFERENDA AND BOG REFERRALS TO MEMBERSHIP
COMMENTS/QUESTIONS :
There has bee n a great deal of reference made during recent BOG meet ings of forthcoming proposed
amendments to t his Article that have yet to be provided for review and comment. This is a topic of
great concern and interest. While the present stance of some By-Laws Workgroup members is that
there will be no such forthcoming amendments, there is already a member referenda proposed
amendment within these current proposed By-Law amendments but that item is not under this Article
as it shou ld be. Rather, that proposed change is inappropriately placed at Article 111.1.6.
Pending release of any additional proposed amendments to this Article (or topic), the comments below
are limited on ly to the existing document now under review and should not be construed later as
comments on a future document released for consideration by the BOG.
A. MEMBER REFER ENDA
~ 2.c - Because proposed amendments to GR 12 are running parallel to these proposed by-law
amendments, references within this Section to the "new" GR 12.1 may be premature . A simple
reference to GR 12 and its subparts wou ld cover everythi ng applicable regardl ess of whether or
not the new GR 12. 1 is adopted.
~ 2.d - With notification of fina l actions of the BOG normally coming only via th e issuance of the BOG
minutes and with a gap in BOG meetings periodically throughout the year, it is not only possible
but probable that an action may not become known within 90 days of th e action being taken.
This wou ld be particularly true if the draft minutes of a BOG meeting are no longer released
prior to fina l approval as that process w ill add, at a min imum, an additional 30 day period
between th e final action occurring and the members being awa re of it via th e approved minutes
being rel eased. A solution to this problem is to start that 90 day clock upon release of the
approved minutes via an eblast of those approved minutes to the members.
B. BOG REFERRALS TO MEMBERSHIP
Reference is made within this Section to procedures set forth in these By-Laws for the BOG to refer a
proposed reso lution, etc. to a vote of the members. Where is that procedure set forth?
This Section (as well as other references to Active Members elsewhere in this Article) refers to the
"Active membership". As exists today, that would include only active lawyer members of the Bar. Is the
intent to include non-lawyer members, if th e a provision in Article Ill is adopted, in the future? Or,
would the references to Active be amended to limit such matters only to Active Lawyer Members?
EXHIBIT A-Vlll-1
76
557
EXHIBIT A -IX
ARTICLE IX. COM MITIEES, TASK FORCES, AND COUNCILS
COMMENTS/QUESTIONS
Same overall question of why substituting the word "shall" with "will" o r "must.
A. GENERALLY
~ 1- The rewrite would appear to limit the BOG's ability to delegate a work effort to more than one
Bar entity when, in fact, it may be preferable to leave the option available to the BOG to
delegate whole or only discrete portions of a work effort to multiple entities to ensure a
comprehensive assessment of whatever the question is along with a comprehensive
recommendation. This reference to a single entity can be found twice in the second sentence
of th is paragraph.
In addition, the last clause that begins with "however... " is redundant and should be deleted.
~ 3- Rather than repeatedly list the various types of entities, at t his stage of the provision it should
be sufficient to restate that particular clause with "A list of the current Bar entities ..." and
continue the sentence thereafter as written.
The second and third sentences in this paragraph could be construed to contradict one another.
A simple fix would be to add at the end of the third sentence language such as " .. .or by ot her act
of the BOG".
B. COMMITIEES AND OTHER BAR ENTITIES
~ 1- What is the difference between a committee under this Article and a BOG Committee under
Article IV?
~ 1.a. - Here is a situation where the BOG's determination of whether the term "Active member" should
be further expanded to provide whether the intent is for only lawyer-members to fill the role
described or whether the intent to for non-lawyer members to do so. This should be discussed
and cla rified before passi ng on this provision.
~ 1.b. - It appears that two paragraphs were scrunched together rather than being separate and
distinct. As to the first paragraph, why substitute "are" for " shall be" - what is gained/ lost by
doing so? As to the second paragraph, the substitution of "is" for " shall" fa iled to remove the
"be" following the word shall. It the substitution is to be allowed, that typographical error
should be corrected. Again, however, why the substitution of terms in this paragraph - what is
the benefit or consequence of doing so?
EXHIBIT A-IX-1
77
558
111.c. - Suggest eliminating t he phrase "with the BOG having the authority to accept or reject that
select ion" and replacing it w ith "subject t o BOG confirmation''.
111.d. - Suggest adding "ba lance" immediately preceding the word "unexpired".
112.a. Same comment as stated above for 111.c. The addition of the word "committee" in the last
sentence is inappropriate - this paragraph is addressing other Bar entiti es NOT comm ittees. In
addition, it is suggested that the ending phrase beginning w ith "or until such ... " be replaced w ith
something akin to "or, in the event of a vacancy, until the vacant position's successor is
appointed."
112.b. Same comment as stated above for 111.c.
11 3.b. Was it intended that this subpart not apply to committees? If so, why?
11 3.c. Since there is reference in the title to t his sub-section to two separat e groups; i.e. committees
and other bar entities, what is t he term "These Bar entities" intended to mean - both or only
one of the groups?
11 3.e. Is it really the intent of the w riters to req uire distribution of minutes to each entity member
rather than simply posting to the applicable website? If so, then way isn't the BOG required to
distribute its minutes to every member of the WSBA? Why t he disparate treatment? Further, if
an entity has its own website, why should its minutes be posted to t he WSBA website rather
than its own? Also, please refer to th e comment s under Article VII as to the definition of
"minutes".
11 3.f. Subpa ragraphs 1 and 2 again adds the word "comm ittee" where the term should be eliminated
as this su bpart is supposed to be appl icable to committees and other Bar entities.
C. COU NCI LS
Gene rally this entire section of the Article should be eliminat ed as a council would fall under the
defin ition of a Bar entity that is su bject to only perform the work and duties set forth in its found ing
charter or other o ri ginating document. It is simply contradictory and redundant to maintain this section
of the Article for the reaso ns stated.
EXHI BIT A-IX-2
78
559
EXHIBIT A -X
ARTICLE X. REGULATORY BOARDS
COMMENTS/QUESTIONS:
As with several other Articles, once again there appears to be a w holesale elimination of the word
"shall" without explanation being provided. The original wording of the Articl e is preferable to this
reader.
Although both the existing and the proposed Article provide that Governors and Staff are not voting
members of Regulatory Boards, neither indicate how these two types of attendees may participate in
executive sessions or confidential deliberations. Both versions clearly do not allow Liaisons (no
definition of "Liaison" provided) to participate in such sessions/deliberations although Liaisons are
supposed to be allowed to attend them. (From personal experience, I know that this has not always
been the practice despite this Article's exist ence.) Therefore, please clarify t he distinction between
Gove rnors, Staff, and Liaisons for purposes of either executive sessions or delibe rations and provide
some definition of the word "Liaison" so as to clarify to whom it refers.
As to the rewording of the final sentence, should it not say "Liaisons may not be excluded from ... "
rather than the wording that is currently proposed?
EXHI BIT A-X-1
79
560
EXHIBIT A -XI
ARTICLE XI. SECTIONS
COMMENTS/QUESTIONS :
With the final body of recommendations not yet forthcoming from the Section Policy Workgroup, it
would be purely speculative to provide accurate, responsive comments or questions to this Article
prior to having had an opportunity to fully read and digest those recommendations. Therefore, there
1
will undoubtedly be a separate submittal as to this Article transmitted prior to the September 29 h
BOG meeting.
A. DESIGNATION AND CONTINUATION
B. ESTABLISHING SECTIONS
c. MEMBERSHI P
D. DU ES
E. BYLAWS AND POLI CIES
F. SECTION EXECUTIVE COMM ITIEE
G. NOM INATIONS AND ELECTIONS
H. VACANCIES AND REMOVAL
I. OTHER COMMITIETES
J. BUDGET
K. SECTION REPORTS
L. TERM INATI NG SECTI ONS
EXHIBIT A-Xl-1
80
561
EXHIBIT A -XII
ARTICLE XII. YOUNG LAWYERS
COMMENTS/QUESTIONS:
As a who le, the changes appear to be okay EXCEPT for, once again, the w holesa le substitution of the
word "will" fo r t he word "shall". What is the reason for such a change and why is it considered
appropriate?
Moreover, now that WSBA has eliminated the WYLD (Washingt on Young Lawyer Division) and, in
essence, demoted Young Lawyers to a "committee" status, why is this Article necessary as a standalone
one rather than simply becoming a subpart of Article IX, COMMITIEES, TASK FORCES, and COUNCILS"?
That is, after all, the heading under which the Young Lawyers Committee is located on the WSBA
website.
EXH IBIT A-Xll-1
81
562
EXHIBIT A -XIII
ARTICLE XIII. RECORDS DISCLOSURE & PRESERVATION
COMMENTS/QUESTIONS:
11 A. Why eliminate t he entire first paragraph of the Article? The statement contained with the
paragraph t he proposal delet es appears to be meaningful and to relay an intention of being transparent.
Is that not what the Bar is promoting? If there is some reason necessitating the deletion of the
paragraph, it would be helpfu l to know what that reason is. Until such time as this issue is fully vetted
with the members, it is recommended that the changes to this Article NOT be approved at this time.
EXHIBIT A-Xlll-1
82
563
EXHIBIT A -XIV
ARTICLE XIV. INDEMNIFICATION
COMMENTS/QUESTIONS:
This Article has been rew ritten its entirety. Because it is impossible, in the limited time provided, to
review and fully comprehend the essence and purpose of the changes, a thoughtful analysis could not
be compl eted. It is therefore requested th at this Article NOT be approved without a full and thorough
vetting of the reasons for th e complete rewrite and the contemplated improvements the rewrite
provides, if any.
For additional thoughtful insight, please refer to the revised letter of September 13, 2016, submitted by
Ruth Ed lund to the Bylaws Workgroup.
EXHIB IT A-X IV-1
83
564
EXHIBIT A -XV
ARTICLE XV. KELLER DEDUCTION
COMMENTS/QU ESTIONS:
Throughout t his Article, the draft ers have substituted the words "will" or "must" for the word "shall" in
a manner that appea rs t o t his reader t o be inapprop ri ate in many inst ances. It is recommended t hat
these wholesa le cha nges not be adopted but rather than each use of the word "shall" be considered
careful ly as to w hether a substitution of terms is actually appropriate.
These wholesale proposed By-Law amendments raise a new question as to what is/is not now included
in the Keller deduction calculation performed by WSBA and whether t hat process requires a fresh look
to assure that all expenses other than those specifically limited to the regulation/discipline/ad mission of
lawyers are included in the deduction.
EXHIBIT A-XV-1
84
565
EXHIBIT A-XVI
ARTICLE XVI. AM ENDMENTS
This By-Law is generally without controversy as it normally would be applicable on those rare occasions
when a minor adjustment to an outdated by-law required amendment to make it more accurate.
However, whenever there is a major change to the By-Laws, the Article is simply lacking in appropriate
seve rity to guarantee an honest and ethical effort is made to inform t he members that something major
is about to occur that requires t heir utmost attention. Such an occurrence should be preceded by an
extremely well-adve rtised campaign to notify the members of the significant changes under
consideration and to facilitate a meaningful series of opportu nit ies to exchange ideas, ask questions,
obtain answers, and build trust.
A significant rewriting of the entire By-Laws is one such event that mandates more than what this simple
Article requires.
Major changes such as those now facing the Bar should be discussed in segments - Article-by-Art icle
over several months to assure complete and exhaustive efforts are made t o produce the best possible
work product. The BOG asked for, and received, no less when it chose to consider, recommendation-
by-recommendation, t he report of th e Governance Task Force . The members of t he Bar should have
nothing less offered to them when it is their By-Laws being completely rewritten.
Thi s Article should be amended to address such major changes and the BOG is urged NOT to pass the
proposed Article now before it until that occurs.
EXHIBIT A-XVl -1
85
566
From : ~
To : WSBABylaws
Subject: FW: [section-leaders] Feedback on Bylaws Changes
Date: Wednesday, September 14, 2016 12:53:35 PM
Older e mail, but relevant. Thanks!

Washi ngton State Bar Association I 'il' 206.239.2116 Iparise@wsba.org I sectio ns@wsba.o rg
From: Wynnia Kerr [mailto:wynnia.kerr@gmail.com]

Sent: Thursday, August 25, 2016 2:51 PM
Subject: [section-leaders] Feedback on Bylaws Changes
Dear Section Leaders,
A founding Animal Law Section Member and fo1merly active ALS Leader, Kim Thornton,
recently returned to Washington State from a few years in Florida. We are fo1tunate to have
Kim back!
Upon Kim's return to Washington, she jumped right into the fray and filed the following
comments with Mr. Gipe.
At Kim's request, and to serve as a "vi1tual" introduction to Kim, I am sharing her
communication with you.
Best regards,
Wynnia Ke1T
ALS Chair Elect
----- Forwarded Message-----

From: KAT <macneil 98@yahoo com>
To: "adgipe@shatzlaw com" <adgipe@shatzlaw.com>
Sent: Wednesday, Aug ust 24 , 20 16 7:41 PM
Subject: Feedback on Bylaws Changes
Anthony,
It was a pleasure to meet you at yesterday's Special Meeting of the Board of

Governors. I have been living in Florida for the last six years and have
not followed the progress of either the Bylaws or Section Policy workgroups
until my return to Washington last month. I want to provide you with some
feedback based on my limited review of the work product of those groups
and the discussion at yesterday's meeting . Please forgive me if I repeat
comments made by other individuals or groups, as I have not likely seen
most of them due to the large volume of information on the website. I have
tried to focus on the most current versions of the proposed documents.
Please also let me kn ow if I have misread any of the provisions or if the
86
567
group has already discussed the same issues and is in process of resolving
them.
Proposed WSBA Bylaw Amendments
1. I agree with comments made at yesterday's meeting that language

regarding referenda on licensing fees needs to be clarified. There is
an apparent disconnect between Section 111.1.6 and Section Vll l.A. 1.a.
In Section 111.1.6, entitled License Fee Referendum, the phrase "shall
be subject to the same referendum process as other BOG actions"
has been deleted. This change suggests that the intention was to
remove the referendum power over license fees from the
membership, notwithstanding the qualifying lang uage at the end of the
sentence stating the license fees may not be modified as part of a
referendum on the Bar's "budget." At yesterday's meeting, one board
member commented that the referendum power over licensing fees is
retained by Section Vlll.A.1 .a, which states that membership
referenda may be initiated to reverse "a final action by the BOG."
However, the vague phrase "a final action by the BOG" and the more
specific language of 11 1.1.6, which more specifically addresses license
fee referenda should be harmonized .
2. I am also opposed to amending the Bylaws or the APR to allow the

Washington Supreme Court to establish licensing fees without regard
to the wishes of the WSBA membership. Members of the WSBA
should always have the right to determine the cost of membership.
While the WSBA is not technically a democracy in the true sense of
that word, it is a professional organization whose purpose is partly to
serve its members. It cannot properly serve them if they have no
control over the cost of that service or what is included.
3. I agree with several speakers at yesterday's meeting that the three

classes of members in Section 11 1.A.1 should not receive comparable
benefits if they pay disparate licensing fees. Some effort should be
made to align the fees with the benefits.
4. I have no comment at this time about the composition of the BOG and
provision for additional members. I see value in various opinions
expressed in yesterday's meeting and need to give this issue further
consideration .
Suggested Amendments to Bylaws Article XI (Sections)
First , as a former and future section leader, let me note that I have
participated in at least one section, and at times more than one, since I
began law school. Section membership constitutes the majority of my
interaction with the WSBA. This history colors my comments regarding the
87
568
I. Section Xl.B.1 increases the number of section members required to

establish a new section. Likewise, Xl.L.1 increases the number of
voting members for determining continued "viabil ity." What is the
basis for these increases? I don't agree that small sections do not
have value or provide service to members or the public. In fact, they
often provide services that might not otherwise be available because
of that group's more narrow area of practice.
2. Although I agree, in principle, that the sections are "entities of the bar,"
as section XI.A has been amended to read, with all the hierarchical
connotations that accompany that phrase, I oppose rep lacing the
word "jurisdiction" in section Xl.B.1.a with the word "purpose." It
clearly devalues the sections at the outset and does not comport with
my understanding of the sections pivotal role in serving members and
the public. As I noted above, the majority of my interaction with the
WSBA has been through section activities. By denigrating the
sections' importance in the WSBA's Bylaws, this wording
change gives sections a minor role in the WSBA.
3. I have several issues related to Section Xl.D. First, although

it appears to be a completely new section, it directly conflicts with
recommendations made by the Sections Policy Workgroup. Section
Xl.D states that the section executive committees are responsible for
setting the amount of section dues each year. The December 30,
2015 Phase 1 Report of the Sections Policy Workgroup overtly
contradicts this new Section Xl.D of the Bylaws by recommending that
the WSBA Budget & Audit Committee shou ld set the same section
member dues for all sections. If the dues are the same for all
sections, why would the section executive committees need to set
dues for their sections? The Workgroup further recommends that
although the sections apparently retain the rig ht to set their own
budgets (in section Xl.J), individual section funds should be pooled
and administered centrally by the WSBA for the support of ALL
sections (my emphasis). I fail to see why sections should set their
own budgets if they do not retain the authority to control them. I am
beginning to understand why the BOG specifically tabled discussion
of fi scal policies at yesterday's meeting. There appears to be a lot of
work left to do on fiscal policy. I also note that there was a lot of
negative feedback from the sections about pooling and redistribution
of section dues. I emphatically oppose the pooling of section fu nds,
as well as the transfer of control over section budgets to the WSBA.
Sections are the lifeblood of the WSBA. They are run by volunteers
who provide quality education, networking and public outreach for
their members. If their hands are ti ed by even more bureaucracy than
88
569
currently exists within the WSBA, they will not be nearly as effective.
4. Section Xl.G.1.b states that the executive committee should reflect

"diverse perspectives." I'm really struggling with what this phrase
means. Does it mean diversity regarding the section's goals , views
about the practice area that the section represents, or regional
location? In other words, does this refer to diversity of opinion
or representation? Are the sections, which provide "educational
programming" and "networking forums" based on "practice areas or
particular areas of focus" (quoting the Phase 1 Draft Report of the
Sections Policy Workg roup) , expected to include in their executive
committees and membership individuals who have no interest in that
"practice area" in order to achieve "diverse perspectives"? Is
executive committee representation in the sections insufficiently
diverse in some way now? I would like to understand better what is
motivating this language.
Again, I'm sorry this feedback is coming to you so late in the process but I am
interested in becoming more involved now that I am back in the state.
Kim Thornton
You are currently subscribed to section-leaders as: sections@wsba org. If you wish to unsubscribe,
89
570
From: Paris Eriksen
To: WSBABylaws
Subject: FW: APR Cleanup: APR 13(a) and Possible Related Changes
Paris

Washington State Bar Association I 206.239.2116 Jparise@wsba.org I sections@ wsba.org
1325 Fourth Avenue #600 I Seattle, WA 98101-2539 J www.wsba.org
Sent: Friday, September 09, 2016 8:37 AM
Cc: WSBA Section Leaders
Subject: [section-leaders] APR Cleanup: APR 13(a) and Possible Related Changes
Jean, other fr iends:
I promised at the 8/23 BOG meeting to email you a technical comment about APR 13(a). As 1 look at the redline the
problematic may predate the red line.
By its terms APR 13(a) governs "all pleadings and other papers signed by a lawyer, LLLTor LPO *and* filed with
a court * * * ."
(I) The heading says it applies to the "signing" of "pleadings and other papers" but that is not what APR 13(a)
actually addresses. APR 13(a), if you look at its language, *does not require* licensees to sign pleadings or other
papers they prepare. What it DOES require is that IF the licensee signs the pleading or other paper, *then* the
licensee must include his or her Bar number in the signature block.
(2) The language of APR 13(a) is both overinclusive and (possibly) underinclusive.
It is overinclusive because an LPO's scope of practice as understand it from APR 12 does not include the preparation
of pleadings at all, let alone filing them with a court, or the filing of the "other papers" with an LPO's scope of
practice with a cou1i (since deeds would be filed with the county recorder's office.
It is underinclusive *if* (but only if) the intent of this language is to require LPOs to sign and include their Bar
numbers on papers that they do prepare. APR 12(e)(2), however, contains a final sentence that is indented so that it
appears to be a part of APR l2(e)(2)(v) but which I believe is intended to be a separate paragraph applicable to
subsections (i) through (v) inclusive, and should therefore be both flush left and further spaced, stating that the LPO
must identify in a *separate* signed disclosure statement signed and including his or her Bar number all the
documents prepared, but there appears to be no current requirement that an LPO sign the documents prepared.
Possible Related Changes:
( 1) APR 280.(4) provides that "a document prepared by an LLLT shall include the LLLT's name, signature, and
license number beneath the signature of the client." However, "document" is not a defined term in APR 28. It is not
clear fro m looking at this rule if an LLLT who reviews a pleading for a cl ient and advises the cl ient about any
changes, or hands the client a draft pleading that the client then prepares on his or her own computer, is considered
to have "prepared" the document and should affix his or her name, signature and license num ber. Compare APR
90
571
28F.(6) to APR F.(9) A review of the plain language mandatory forms as they currently are constituted contains no
place for a LLLT to sign anywhere. Does that mean they are not expected to sign?
[A side comment: as long as the rules are being revised, why not change the format of A PR 28 so that it is consistent
with earlier AP Rs? A PR 13's top headings, to take one example, are (a), (b), (c) and so on. It is structurally jarring
to switch to 28 A., 8 ., C. and so on. This is a great opportunity to make a harmonizing change!]
(2) Civil Rule 11:
The current version of CR 11 specifies the effect of a "party" or an "attorney" s igning a pleading and can allow the
imposition of sanctions.
Is Ci vi i Rule 11 going to be revised to provide the same or a similar effect to the signing of a pleading by an LLLT?
Regards,
Ruth "more than a proofreader" Edl und
-*-*-*-*-*- *-
Seattle, WA 98104
206.624.4900
aan
You are currently subscribed to section-leaders as: parise@wsba.org. If you wish to unsubscribe, please contact the
WSBA List Administrator or send an e mail to TCL MERGE ERROR ( 09/09/2016 08:36:49 ): "invalid command
name "unsub.email""
Outmai ll D: 166615, List: 'section-leaders', Member!D: 16705701
91
572
From: Paris Eriksen
To: WSBABylaws
Subject: FW: APR Cleanup: APR 13(a) and Possible Related Changes
Paris

Washington State Bar Association I 206.239.2116 lparise@wsba.org I sections@ wsba.org
From: Ruth Laura Edlund [mailto:r!e@wechslerhecker.com]
Sent: Friday, September09, 2016 8:54 AM
Cc: Jean McElroy
Subject: RE:[section-leaders] APR Cleanup: APR 13(a) and Possible Related Changes
PS : It's a pretty straightforward fix for CR l l(b):
BEGIN LANGUAGE
(b) In helping to draft a pleading, motion or document filed by the otherwise self-represented person, the attorney or
LLLT certifies that the attorney or LLLT has read the pleading, motion, or legal memorandum, and that to the best
of the attorney's or LLLT's knowledge, information, and belief, formed after an inquiry reasonable under the
circumstances:
(1) it is well grounded in fact;
(2) it is warranted by existing law or a good faith argument for the extension, modification, or reversal of
existing law or the establishment of new law;
(3) it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless
increase in the cost of litigation; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are
reasonably based on a lack of information or belief. The attorney or LLLT in providing such drafting assistance
may rely on the otherwise self-represented person's representation of facts, unless the attorney or LLLT has reason
to believe that such representations are false or materially insufficient, in which instance the attorney or LLLT shall
make an independent reasonable inquiry into the facts.
END LANGUAGE
This assumes that LLLTs should sign pleadings they "help" prepare even if they do not "prepare" them per APR 28.
It might be easier to jigger AP R 28 more than to jigger CR 11 more.

Seattle, WA 98 104
92
573
206.624.4900
From: Ruth Laura Edlund [majlto:rle@wechslerbecker.com]
Sent: Friday, September 9, 2016 8:37 AM
To: WSBA Section Leaders <section-leaders@list.wsba.org>
Cc: WSBA Section Leaders <section-leaders@list.wsba.org>
Subject: [section-leaders] APR Cleanup: APR 13(a) and Possible Related Changes
Jean, other friends:
I promised at the 8/23 BOG meeting to email you a technical comment about APR 13(a). As I look at the redline the
problematic may predate the redline.
By its terms APR 13(a) governs "all pleadings and other papers signed by a lawyer, LLLTor LPO *and* filed with
a court * * * ."
(1) The heading says it applies to the "signing" of"pleadings and other papers" but that is not what APR 13(a)
actually addresses. APR 13(a), if you look at its language, *does not require* licensees to sign pleadings or other
papers they prepare. What it DOES require is that IF the licensee signs the pleading or other paper, *then* the
licensee must include his or her Bar number in the signature block.
(2) The language of APR 13(a) is both overinclusive and (possibly) underinclusive.
It is overinclusive because an LPO's scope of practice as understand it from APR 12 does not include the preparation
of pleadings at all, let alone filing them with a court, or the filing of the "other papers" with an LPO's scope of
practice with a court (since deeds would be filed with the county recorder's office.
It is underinclusive *if* (but only it) the intent of this language is to require LPOs to sign and include their Bar
numbers on papers that they do prepare. APR 12(e)(2), however, contains a fina l sentence that is indented so that it
appears to be a part of APR 12(e)(2)(v) but which I believe is intended to be a separate paragraph applicable to
subsections (i) through (v) inclusive, and should therefore be both flush left and further spaced, stating that the LPO
must identify in a *separate* signed disclosure statement signed and including his or her Bar number all the
documents prepared, but there appears to be no cun-ent requirement that an LPO sign the documents prepared.
Possible Related Changes:
(1) APR 28G.(4) provides that "a document prepared by an LLLT shall include the LLLT's name, signature, and
license number beneath the signature of the client." However, "document" is not a defined term in APR 28. It is not
clear from looking at this rule if an LLLT who reviews a pleading for a client and advises the client about any
changes, or hands the client a draft pleading that the client then prepares on his or her own computer, is considered
to have "prepared" the document and should affix his or her name, signature and license number. Compare APR
28F.(6) to APR F.(9) A review of the plain language mandatory forms as they cun-ently are constituted contains no
place for a LLLT to sign anywhere. Does that mean they are not expected to sign?
[A side comment: as long as the rul es are being revised, why not change the format of APR 28 so that it is consistent
with earl ier AP Rs? APR 13's top headings, to take one example, are (a), (b), (c) and so on. It is structurally jan-ing
to switch to 28 A., B., C. and so on. Th is is a great opportunity to make a harmonizing change!]
(2) Civil Rule 11:
The current version of CR l l specifies the effect of a "party" or an "attorney" signing a pleading and can allow the
imposition of sanctions.
ls Ci vii Rule l l going to be revised to provide the same or a similar effect to the signing of a pleading by an LLLT?
93
574
Regards,
Ruth "more than a proofreader" Edlund
-*-*-*-*-*-*-
701 Fifth Avenue, Ste4550
Seattle, WA 98104
206.624.4900
aan
You are currently subscribed to section-leaders as: rle@wechslerbecker.com. If you wish to unsubscribe, please
contact the WSBA List Administrator or send an email to TCL MERGE ERROR ( 09/09/2016 08:36:50 ): "invalid
command name "unsub.email""
OutmaillD: 166615, List: 'section-leaders', MemberID : 15607844
You are currently subscribed to section-leaders as: parise@wsba.org. If you wish to unsubscribe, please contact the
WSBA List Administrator or send an email to TCL MERGE ERROR ( 09/09/20 16 08:53:56 ): "invalid command
name "unsub.email""
OutmailID: 1666 18, List: 'section-leaders', MemberlD : 16705701
94
575
PROPOSED ALTERNATIVE BYLAWS LANGUAGE
1. Modification of Committee version of IV.Al, first sentence only.
1. Composition of the Board of Governors
The BOG will_consist of (a) the President (b) one Governor elected from and representin g
each Congressional District. . .
2. ModifcationModification of IV.A.2.d.
d. Each Governor represents a constituency of the Bar as defined by these bylaws. As-a
representative, ef;ach Governor is expected to communicate engage with members about
Board BOG actions and issues, and to convey member viewpoints to the Board, and to
fulfill liaison duties as assigned. ln representinQ a Congressional Distric t. a Governor
shall at a mi nimum: (I) bring to BOG the perspective, values and circumstances of her or
his district to be applied in the best interests of a ll members. the publ ic and the Bar: and
(?)bring in formation to the members in the district that promotes appreciation or actions
and issues affecting the membership as a whole. the public and the oruanization.
95
W:\OGC\GENERAL\Committees\Byl aws Work Group (2015)\Member Comment s 09-2016\17 NEW PROPOSED ALTERNATIVE BYLAWS LANGUAGE.DOCX
576
COMMENTS RECEIVED IN ADDITION
TO THOSE RECEIVED BY
THE BYLAWS WORK GROUP
577
Margaret Shane
From: Marjorie Simmons <lawyer@ marjoriesimmonsesq.com>

Sent: Tuesday, August 23, 2016 12:40 AM
To: Margaret Shane
Cc: bef@furlongbutler.com; rajeev@northwhatcomlaw.com
Subject: Opposition to proposed amendments to the WSBA Bylaws and Aug 23rd reading
To the WSBA Board of Governors:
The WBSA President Bill Hyslop sent an email notice on Friday August 12 of the August 23 meeting, with no link to, nor
an agenda, nor indication of a deadline for responses. A one-business-day deadline is per se unreasonable, and I
therefore ask the Board grant a meeting day post-deadline response.
I oppose adoption of the proposed amendments to the WSBA Bylaws at this time, and as written, as damaging to the
public, to the Association, and to the practice of law, regardless of the type of license involved, as well as needlessly
adding to burdens carried by the judiciary.
Procedurally, the opaque process leading to the imminent adoption of these amendments, collectively having such a
sweeping scope, has been without proper notice and opportunity for all stakeholders to weigh in, and it has not been
transparent. For example, the handful of public workgroup meetings that some people could have attended were not
followed up with bulletins to the general membership with even executive summaries of workgroup progress and
decisions, and such bulletins should have been created and at the very least posted on the WSBA website and/or in
NWLawyer for those who could not attend the public meetings. In order for any member to be fully informed, they
would have had to attend all the meetings and read though over 1,500 pages of material, at minimum. For another
example, for this August 23rd meeting, the email notice sent one week prior to the meeting did not address the
response deadline, even though it was only one business day after the email, nor include a link to further information.
Therefore, as proposed, adoption of the proposed amendments is premature and must be tabled for further
consideration by the membership for at least the next six months, after the membership has been afforded full and
complete disclosure.
Substantively, I oppose the proposals as follows.
First, the proposal to expand the number of the Board of Governo rs by three unelected non-lawyers is prohibited by the
Bar Act, RCW 2.48.030. The fact that such additional Board members wou ld be appointed by the Supreme Court adds to
the burdens of the Court, and the current membership has not been afforded opportunity under RCW 2.48.50(7) to
weigh in given such a fundamental change in its governance. The proposal also does not prevent some as yet
unidentified subjectivity or cronyism, and by assigning the appointments to the Court's ever-growing list of duties, with
due respect to the Court, there is no concomitant procedure proposed to ensure reasonability or guarantee that such
appointments affecting the membership would result from a transparent or fair process.
Second, and possibly more importantly:
(A) LLLTs and LPOs are not lawyers, and yet, LLLTs and LPOs are proposed to have a seat at the table that governs the
practice of law, and
(B) the proposals reduce the proportionality of democratically elected voting Board members by including Board
representation for LLLTs and LPOs.
A better proposal is to create an anci ll ary association of LLLTs and LPOs with a suitable board of its own.
578
1
It is not news, but it is releva nt, that the pra ctice of law by non-lawyer LLLTs is strongly opposed not only by the Family
Law Section w hose business they will affect most,(n. 1) but by a large number of scholars and other Bar members for
many reasons, chief among them reasonable concern that LLLTs will hurt the public, burden the judiciary, and will not by
their exist ence ach ieve the goal of red ucing the expe nse to the public for legal assistance.(n. 2) Connected to that
(curre ntly overrul ed) concern is that, at present, Bar members are represe nted on the Board at a ratio of one Board
membe r for approximately 3,800 lawyers. With ten Board members total, one Board member to represent a tiny
number of LLLTs and another for a small number of LPOs drastica lly dilutes re presentation of lawyers by the Board that
exists to represent lawyers, in an association of lawyers, in favo r of non-lawyers.
The obvious question presented is: is this Bar an association of lawyers or not? The proposal to seat one Board member
each for LPOs and LLLTs answers that question decidedly in the negative, and I am opposed to it, as we must ensure
fundamental fairness in this Association of members of a profession by proper representation of their interests, and
protect the public's interest by keeping non-lawyers from governing the practice of law: LLLTs and LPOs have no
business sitting on the Board of Governors for our Association, but they should have an ancillary association and board
suited to their limited type of licenses.
Additionally, the proposed equal membership in WSBA of differing license classes is also problematic, because although
all membership classes are proposed to have seats on the Board, those membership classes do not contribute similar
fees to support the WSBA. For example, LPOs and LLLTs are assessed fees for licensure, but not fees for cost of program s
or membership, as are lawyers, as far as one can tell from the materials presented thus far. Adoption of the proposal
would result in lawyers paying for LPOs' and LLLTs' share of membership and program fees.
It is also unclea r from the proposals whether LPOs and LLLTs must contribute t o a fund for client protection, as lawyers
do, or whether the fees assessed lawyers are intended t o make up for LLLTs and LPOs not paying t o a f und that protects
LPOs' and LLLTs'
clients from harm. If so, what particular logic results in lawye rs paying for LLLTs' and LPOs' mist akes and misdeeds? LPOs
and LLLTs must be assessed fees to protect their clients, just as lawye rs are, and lawyers shou ld not be financially
responsible for non-lawyers who are not under thei r supervision. If t he actual intent of the uneven license classes is fo r
lawyers to pay for the non-lawyers as part of an overall effort to reduce fees for t he public, then the uneven license
classes are simply assessing a tax on lawyers to support non-lawye rs, and t he Supreme Court might as well set a
schedule of fees for all lawyers' services. How, exactly, is that reasonable?
Third, the proposal to strike the word "Association" from the WSBA via Bylaw, contrary to the terms of the State Bar Act,
and to strike refere nces to t he WSBA serving its members and the membership, is nonsensical. The WBSA, like all other
state bar associations, is an association of lawyers who se rve the public as officers of the Court, and the Association
serves its members, w hether through continuing ed ucatio n, discipline, social events, or any of many different ways . Bar
associations are also the nexus of co llegia lity among pee rs, serving the pub lic interest by strengthening lawyers' sense of
ethical duty, holding lawyers to account not only befo re the Court, but among their peers in the Association, 'peers'
being the operative word and meaning colleagues with a similar level of education and knowledge. Collegiality and the
se nse of ethical duty among lawyers, and therefore before the co urts, will be irreparably harmed by this and the other
proposals' enactment, beca use their cumulative effect, if enacted, w ill be to gut the Association's identity, and the public
perception of law practice in this stat e as a professio n, already damaged by the promotion of LLLTs and LPOs as full Bar
members rather than lim ited licensees. In its place will be left a shell covering disassociated people with no sense of
duty to each other as members of a collegial association of professional people. How, in any way, does this serve the
interest of the Bar, of the courts, or of the public? This and the other proposals mentioned here serve none of them and
sho uld not be enacted as proposed, instea d, due to their sweeping nature and the fundamental changes they would
make in our Associat ion, must be fully reviewed, discussed, and vot ed on by the membership, and only after full
disclosure.
Fourth, w ith the oversight of the Supreme Court, t his Association's members exercise their duty to manage their own
association through th eir Board, and the proposal to revoke the membership's ability to set Bar dues through t he Board,
(and axiomatically, Association budget s), cedes that duty to the Supreme Court in derogation of RCW 2.48.50, w hich
2
579
reserves the duty to the Bar's Board of Governors. No notice to or vote of the membership pursuant to RCW 2.48.50(7)
has been taken to voluntarily cede that duty to the Court. When purse strings are pulled away, there is a reason, and
generally not a pleasant one. There has been no showing of a pattern of financial mismanagement on the part of the Bar
of its own resources, nor any suggestion of it, that would require the Court to intercede. What purpose then, has the
proposal for the removal of that duty from the remit of the Board? The Court has its own business to do, and like all
courts, its remit far exceeds its resources. How does this proposal to transfer the duty to set Bar dues to the Court serve
the Court, the membership, or the public interest? Until some showing is made for the need of such a transfer, and
w ithout a vote of the general membership per RCW 2.48.50(7), I oppose it as needlessly adding to the duties of an
already overburdened judiciary, and assuming a priori financial incompetence on the part of the Association, with no
ca use showing.
The proposals presented would weaken the Bar and contribute nothing to the practice of law, the administration of
justice, or the public good. While I have been a WSBA member for close to only a year, I have been a member of the
South Carolina Bar for 19 years, and I have seen efforts to weaken bar associations before. None of them turned out well
for the Bars, the judiciary, or the public.
(n. 1) While I am a member of the Family Law Section, my business will be undiminished by LLLTs' activities given that I
limit my focus to QDROs and data security, areas in which neither LLLTs or LPOs may work, and LLLTs' mistakes may
actually increase my business, unfortunately for the public.
(n. 2} As enumerated in the Annual Report for 2015, Washington had a population of 31,126 lawyers with 74 disciplinary
actions, and
768 LPOs and nine LLLTs with one disciplinary action, making the 2015 disciplina ry occurrence rate 0.00237743365675
for lawyers and
0.0012870012870013 for LLLTs and LPOs, comparatively. However, LLLTs have only been in existence for a year and it is
statistically likely that LLLTs' incidence of disciplinary actions will rise with the number of 'admitted' LLLTs. The
revocations and suspensions for LPOs listed on the WSBA website
(http://www. wsba .org/Licensi ng-a nd-Lawye r-Cond u ct/Limited-Licenses/Limited-Practice-Office rs/ LPO-Pu bl ic-N otices)
also do not match the statistics given in the Annual Report.
Sincerely,
Marjorie Simmons (admitted SC, WA)

Marjorie Simmons, Esq .
PO Box 688
Burlington WA 98233
{360) 299-1121
3
580
From: Randall Winn [mailto:rewinn2003@yahoo.com]
Sent: Tuesday, August 23, 2016 11:11 PM
To: potterre@frontier.com; robin@mcneicewheeler.com; wynnia.kerr@qmail.com;
mqhosh@qhoshlawfirm.com; koptun@dshs.wa.gov; WSBA Section Leaders; Keith Black; Anthony Gipe;
Paula Littlewood; William D. Hyslop
Subject: GREAT Opportunity to Practice Openness in WSBA Governance
My friends on the WSBA Board of Governors and Section Leaders:
Recently the Washington State Bar Association unknowingly ran a multiyear experiment with
the concept of "openness". Its staff and Board of Governors created Workgroups that held a
series of meetings that produced proposals for major revisions to its Bylaws.
The content and worth of those proposals is not the present subject; rather, the subject is
" openness" m
. 21st century governance.
The Workgroups maintain that the process was "open" because they held meetings to which all
were invited.
The Critics of the Workgroups maintain that the process was not "open" because the vast
majority of WSBA members have no idea of the content of the proposals, nor the reasons for or
against.
The most intractable, and least productive, arguments are often those for which both sides have a
point. Both the Workgroups and the Critics have their points.
19th Century Openness

The Workgroups used a traditional 19111 century version of "Openness" familiar to all of us who
came of age in the 1960s. A small and dedicated group set hearings and accepted written
messages that may or may not have influenced the outcome. Every member of WSBA was
invited; the fraction who attended is not known with precision but was on the order of 1%. After
all, most WSBA members have day jobs and, even among that fraction of members who have
scheduling autonomy, attending bar meetings is not billable.
Some of the argumentation for and against the proposals were kept secret (e.g. the entire
argument about antitrust risk was given in WSBA BOG Executive Session and so concealed .
from the membership to this day). Most of the rest of the argumentation is inaccessible because it
was given orally or provided in a format not reasonably calculated to educate (e.g. vaguely
alluded to in BOG minutes and stated explicitly only on page 357 of Meeting Materials).
A small number of people drafted the Proposals. The proposals were kept private, or distributed
modestly. The final product was not available until the last possible moment.
This is what "Open" means in the old model.
581
21st Century Openness
When developing complex projects, the current era uses a different model. A 21st Century model
of Openness requires publication of interim products and written debate inviting large teams of
stakeholders, using ubiquitous self-documenting media (typically the internet or an intranet, but
sometimes a wiki and/or an email listserve with an accessible archive.)
This model has advantages:

1. It enables and encourages debate from all interested parties, regardless of geographical or
temporal limits, resulting in the collection of the best ideas.
2. It lets everyone parse and ponder preliminary proposals, illuminating conflicts and defects.
As any wikiuser has experienced, no Workgroup, however intelligent, can match the brainpower
of 30,000+ WSBA members even if each member devotes but a single hour in contribution.
3. It develops neatly structured arguments for and against, which promotes understanding of the
proposals that emerge.
4. It enables access to the proposals and arguments from start to finish, which encourages buy-
in to the final product. No-one will agree to everything, but everyone can feel they had an equal
voice.
Again, whether these Workgroup proposals were good or bad is not the issue; rather, the issue is
whether the process is "open" in the sense of the 21 st_century.
Was debate in fact enabled and encouraged?
Were the proposals available in a timely manner to be parsed and pondered by the
30,000+legal professionals of the WSBA?
Were neatly structured arguments for and again crafted to promote understanding?
Was buy-in created?
To each question, the evidence suggests the answer is "No. It 's nobody 's fault, but no".
There is no evidence that the vast majority of WSBA members are aware of the content of the
proposals. To the contrary, most of the references to them in NWLawyer are merely meeting
announcements, and they always refer to the proposals being presented in September, not
August. The WSBA blog doesn' t say anything significant and the few webpages on wsba.org
were put up only within the past month or two. Perhaps the best evidence is the argument by
some that the proposals must be voted on in September because one-third of the Board members
will rotate off, taking with them knowledge of the proposals. But Incipient Board members are
among the best-informed members of the Bar; if they themselves are not fully aware of the
content and reasons for and against the Bylaws changes, then the process itself is fatally flawed.
Some Workgroup or BOG members have complained that the problem is the fault of the
members who failed to attend meetings or read hundreds of pages of documents. That is a strong
argument that the process is not open in the modem sense; it is structured so that the average
WSBA member cannot participate.
Finally, some have asserted that all this talk of openness doesn't matter, because the Supreme
Court regulates the practice of law and can therefore do whatever it likes with WSBA. But this
582
proves too much: openness in developing these proposals is all the more important, so that the
Court is not presented with proposals that have not been reviewed by ten thousand lawyers,
instead of a few dozen. (And the argument is itself dangerous: undoubtedly the Court can do
whatever it wants to "admit, enroll, disbar, and discipline" plus related administrative functions,
but whether it can tax lawyers to fund other projects somewhat related to the practice of law is a
subject that true friends of Access To Justice would prefer not put to the test. There is a limit; do
we really want to find it the hard way?)
The Opportunity
The legal profession is conservative in its procedures. This is a virtue in its predictability, but in
other ways a vice. In particular, it may have encouraged many of the problems in the current
Workgroup experiment.
Old habits die hard. Going from a 19th century model of decision making to a 21st century model
has challenged bigger enterprises than WSBA. However, history tells us that the outcome is
always better when debate is real and encouraged, proposals are widely examined and criticized,
the arguments for and against both presented, and buy-in is developed among the membership.
BOG has an opportunity to use the present need for Bylaws revisions to create and to practice
21st century openness in WSBA governance.
Grasping this opportunity depends on no particular opinion on whether the Proposals are good or
bad. Indeed, an informed opinion is not possible until the proposals have been openly published
to, and made available for debate by, WSBA's 30,000+ members.
I urge BOG to publish the proposals, and the arguments for and against each, in a format
permitting a debate, and then to let the debate proceed for as long as it takes. This won't be easy,
because we have not done it before. But if Bylaws revisions are worth doing, then they are worth
doing well.
This can also be a model for further experiments in 21st century governance. Perhaps we can
reduce the workload on BOG members by crowdsourcing some of the work. Why not try? What
principled argument is there against trying?
Sincerely
Randy Winn
(Writing for myself, not as): 2016 Chair, WSBA World Peace Through Law Section
583
From: Mr.Larry R Schreiter [mailto:larrv@schreiterlaw.com]
Sent: Wednesday, August 24, 2016 12:01 PM
To: Solo and Small Practice Section
Cc: solo-and-small-practice-section@! ist. wsba .org
Subject: [solo-a nd-small-practice-section] LPOs and LLLTs
As I recall, many members of the bar back in the 70s complained that title companies, whose people
were closing escrow, were engaged in the " unauthorized practice of law", as arguab ly were real estate
brokers and agents in completing real estate purchase and sale contracts. Rather than confront that, the
Supreme Court and the Bar came up w ith the idea of licensing people to do specific, limited tasks
involved in filling out pre-approved forms in the real estate and mortgage industry. Thus was born the
Limited Practice Officer (LPO), and the rules around licensed real estate professionals to use pre-
approved Multiple Listing forms, who no longer would be deemed to be practicing law without a license.
The LLLT {limited license legal technician?) is a much more recent creation, out of concern that we actual
lawyers and Bar members are too expensive, plus we can still decline clients who cannot pay. I think this
is an idea to give non-law schoo l grads who do not have to pass the Bar exam the right legally to engage
in so me limited practice areas. Still experimental, but the Supreme Court and the Bar seem to be all
gung-ho about it.
I personally do not view increasing encroachment by non-law grads as a good thing. But I guess it may
be preferable to mandatory pro bono and free services, w hen many lawyers, especial ly small firms and
solos, have a hard time making a sufficient income that covers their expenses and pays back their loans.
Time will tell whether the profession ends up splintered like the medical field with lawyers the analog to
doctors, and all the permitted non-lawyers doing certain things the analog to the many kinds of
specialized nu rses. I do agree with Erin's feeling that the Bar is not transparent, and w ill do whatever
the powers that be and the activists decide, no matter what the membership may feel.
Just my two cents.
Larry R. Schreiter
Attorney at Law
1700 Seventh Avenue, Suite 2100
Seattle, WA 98101
Ph . 206-357-8480
email: larry@schreiterlaw.com
Mailing address:
Larry R. Schreiter
PO Box 2314
Issaquah, WA 98027
584
Sent: Wednesday, August 24, 2016 1:14 AM
Subject: [section-leaders] Board of Governors Special Meeting August 23, 2016 - " Licensees" versus
"Members"
Dear Friends of the Sections:
I would like to take the opportunity to thank all involved--Bar Staff, Governors and officers of the
Washington State Bar Association ("Association"), the Association's rank-and-file, and others who
contributed to today's meeting. I believe that the discussion that was begun has the potential--if
encouraged to continue--to be productive for our common goals.
I personally appreciated the opportunity to ask questions about fundamental issues that I believe to be
of great importance to the Association. I came away from the meeting, however, with more questions in
my mind than I had when I arrived.
I think it is well past time for everyone to examine the proposed change in the definition of
"membership" in the Association and make certain that we all understand: *what* is being proposed,
*why* it is being proposed, what the *consequences* of that proposal will be, and whether there are
*other* options to meet the stated objective, once we agree on what our objective is, that might have
less drastic consequences than some that seem highly likely at this juncture. It is easy to fall into the t ra p
of either reacting *against* the change, or reacting * in favor* of the change w ithout suspend ing
judgment whi le considering the pros and co ns dispassionately.
Let me begin by noting (again) that there is a disti nction between classes of licensure to practice law in
Washington, and membership in the Association. Despite the fact that the Association styles itself a
"mandatory" bar, you can actually be a member of the Association and be unable to practice law here in
a number of circumstances, and you can actually practice law in Washington state and not be a member
of the Association in a number of other circumstances [you can also, in certain other circumstances,
legitimately practice law in Washington state in some contexts without being a member of th e
Association, having a license or being a lawyer at all--ask me for details if you want to know.]
I thought it was worthy of note that when I raised the classification of APR 9 Licensed Legal Interns as
licensees, which they clearly are, and wondered whether they shouldn't be included as members, I
received a re sponse that seemed discordant. I was told that they are "law students," which is imprecise.
A Licensed Lega l Intern can hold a valid license under APR 9 for up to 18 months after graduat ion from
law school or comp letion of the APR 6 program. I was also told that there were "very few " of them. I
believe the number quoted was 400. This is, it is true, a sma ll number of licensees compared to the
31,000 active lawyer licenses. It is, however, greater by many orders of magnitude than the fifteen LLLTs
currently licensed in Washington for whom we are instituting massive structural changes.
It also seems odd, because our Bylaws have been undergoing an extensive examination, and Bylaws
Section XI I remained virtually untouched. That Section esta blishes a "member segment" (whatever that
is--1have no idea what a "segment" is supposed to be) to encou ra ge the interest and participation of
young lawyers and law students in the activities of the Bar. Law students, whose st atus as students is
limited in time in the much the sa me way as Licensed Lega l Interns, can be non-voting members of
Sections. It seems logical that if Section XII has any continued utility (and it must, or the Bylaws Work
585
Group wou ld have re commended getting rid of this Section, rather than lightly editing it), one way to
fulfill its purpose wo uld be to create for Licensed Lega l Interns a type of Bar membership t o "encourage"
the " interest and participation" of these limited licensees w ho may be expected to be full members
someday. W ithout meaning to be unkind, LLLTs are the shiny new thing for the Association, and in
(some of our) zea l to incorporate them into the membershi p structure, we overlook the old toy (APR 9s)
and purposes of the Association stated in places that we just forget to look (like Section XII).
If Bylaws Section XII has no meaning, why don't we get rid of it? If it still has meaning, then why aren't
we trying to implement it? And if we as an Associa tion are trying to be consistent about making LLLTs
and LPOs *full* members (a goa l about w hich I co ntinue to have reserva tions), why is Bylaws Section XII
limited t o young "lawyers," when that Section should by rights be encouraging t he interest and
participation of "yo ung lega l professiona ls" (unless you want to create parallel Sections of the Bylaws for
them--not that I'm advocating that)? And, of course, rethinking Section XII, which I think we must, may
require rethinking how the Young La wyer's current slot on the Board of Governors is to be configured.
I also thought t here w as an odd answer given to the question raised about potential future annual
assessments on LLLTs and LPOs for contribution to the [Lawyer's] Fund for Client Protection. First, I do
not believe t hat the forecasting conta ined in the July 2016 BOG book used a specific estimated
co ntributio n from these licensees. I believe it was a BOG member who made the comment th at because
the scope of practices pursuant to these licenses is limited, t he Fund's exposure t o claims from these
licensees would be limited, and therefore the assessments wou ldn't need t o be very big. If the license is
limited, and the obligation s are limited, why would it not follow that the memberships associated w ith
those license classes could be limited as we ll?
I th ink it was obvious to everyone in the room, whe n thi s point was raised, that there hasn't been any
forecasting/planning to determine the financial consequences of extending member benefits and
services to these additional classes of licensees, and wha t adjustments should be made to their licensing
fees, given the high estimate of the costs of these be nefits and the very low license fees these licensees
currently enj oy. If the argument is that the scope of practice for t hese licenses are lim ited, so their
licensing fees should be lower, then we are provid ing fu ll membe r benefits to these licensees at a cost of
zero, and these benefits are being subsid ized 100% by lawyer-members of the Association. I think many
members will have a problem with such a subsidy. To those w ho would again point t o the low current
number of LLLTs, I point out the Association is committed to increasing th e numbers of LLLTs, and there
are substantially more LPOs at present.
I again have the impression that LLLTs are also the shiny new thing w hen compared t o LPOs. LPOs have
been around since the early 1980s, and we are just now getting around to thinking about making th em
"members" of the Association. Our sudden interest in them now appears to be a by-product of the
promotion of the LLLT license class. W hat kind of outreach is being done to LPOs? What do they want
from the Association? What role do they see themselves playing? I see that Governor Karmy is the BOG
liaison to the Limited Pract ice Board. I would be particularly inte rested in her t houghts on effective
outreach to these licensees given her existing role.
I would also like to see a discussio n about whether the active/inactive/jud icial etc. "status" of a
licensee's membership could be subject to some variation, for example to allow a Section the discretion,
for examp le, to allow ALJs whose membership is in judicial status to be voting members if it so desi red.
I rema in concerned that there are other important aspects to the current proposal to expand
586
membership that have yet to be id entified given the lack of time which ha s been spent discussing this
issue. I invite others' thoughts.
Ruth Edlund
. . . *. . . *""* . . . *. . . *"'*,....,
Ruth Laura Edlund (admitted NY, WA}
Seattle, WA 98104
206.624.4900
587
Aug ust 25, 2016
Dear President Hyslop, President-Elect Haynes , Past President Gipe, Governors, Ms.
Littlewood, and Ms. McElroy,
I am so pleased to have been free to attend Tuesday's special meeting of the Board of
Governors and to have heard , firsthand, all of the presentations and dialogue that went
into your deliberations on the proposed changes to the WSBA bylaws and the
Admission to Practice Rules. Having had some exposure to the public materials
prepared for Tuesday's meeting, and having followed , a little, the reports of the
Governance Task Force and the BOG's response to them , I can only say that I stand in
awe of the tremendous amount of work you are all doing to chart the course of the legal
profession in Washington for the years to come . As just one member of the bar, I want
to thank you .
I've had the privilege also, during the last two Character and Fitness Board meetings, to
hear related presentations about the proposed APR's for LPO's and LLLTs and their
place in an overall scheme of possibilities as WSBA's staff contemplates ways to more
efficiently administer our admissions and disciplinary systems. I'm grateful for the
chance this has given me and others to glimpse this vision and to share our views about
it.
Many well-considered comments were offered Tuesday by lawyers more senior and
more prepared than me. I attended the meeting to hear what others had to say, and felt
that my first duty then was to listen. I came in my own capacity, not representing anyone
else, and wanted time to reflect on what I heard, to confront my own views, and to see
whether anything I might add would be new. I'm writing for myself alone, but hope that
what I say gives voice to lawyers whose first concern for clients' priorities demands their
full attention.
If my comments seem random , or reflect basic misunderstandings, I apologize in

advance.
Almost all of my legal career has been devoted to regulatory activities. I've been an
assistant prosecuting attorney, a professional licensing administrator and disciplinary
attorney, and a tax appeals ALJ. I sit on the Character and Fitness Board and the
Commission on Judicial Conduct. So I speak from a regulatory perspective and am
personally invested in protecting the public. But I've also spent years training for
ministry, and have been steeped in teachings about how people feel , about how they
react to change, about the symbolic impact of language, about how culture shapes
thought and belief, and about commun ity. I've also read a fair bit about Washington's
history.
We lawyers don't speak openly about feelings, about symbolism, or about community ,
but we all experience and are influenced by them , whether we can admit it or not. We
don't speak about culture, except in some diversity context, but we have a professional
588
culture and care about it tremendously. We've spoken about WSBA's history, but not so
much about its relationship to Washington's history and what makes that history and
spirit unique. Feelings, symbolism, culture , community, and history are important. In my
view, they lie at the heart of all of our discussions about the bylaw s, the APR's, sections
policy, licensing fees v dues, and WSBA's identity. They fuel the dissension that has
been voiced , and the degree to which they can be embraced may determine how well
Washington 's lawyers can live with any changes made. Washington is one of 50
jurisdictions talented lawyers can choose from in deciding where to practice. I want to
see it at the top of the list.
WSBA is a mandatory bar and the Supreme Court has the final say about how all legal
professionals in Washington will conduct ourselves. But no regulatory body can
succeed without voluntary compliance. No governing agency can enforce civility,
collegiality, cultural competence, or any of the values WSBA works to instill. These
values and the ethics lawyers live by depend on a sense of community and a shared
consensus in their embrace. Only minimum standards of conduct can be enforced, and
WSBA's mission and goals reach beyond these.
WSBA's great strength is that it is the one body that unites all of us. To me, that is why
the word "Association" as part of WSBA's name has symbolic and aspirational
significance. It represents the desire that there should be a partnership between the
corporate instrumentality of the Court and among member lawyers and legal
professionals to champion justice together. The reminder of that desired partnership can
serve to strengthen and inform everything we do. To remove it suggests an adversarial
tension between the corporate instrumentality and the lawyers it regulates. To remove it
suggests that lawyers individually and collectively are not personally invested in
protecting the public - that the Washington State Bar should define a regulatory office
on Fourth Avenue in Seattle and not the statewide body of professionals it represents .
When I think of the Washington bar, I want it to mean me.
I wonder whether some of the dissension around WSBA's identity doesn't reflect our
state's unique history and culture. We are one of the youngest states in the nation. We
still retain and cherish a pioneer spirit. Our culture is grounded in rugged individualism.
We're not like California or Arizona or most other states, and don't want to be. To the
extent it prevails, I wonder whether this consciousness doesn't lie beneath the surface
of how Washington lawyers want to be governed.
The BOG has labored long over WSBA's identity, and all of Tuesday's discussions
reflect that. To me, the questions of who we are and who we want to be drive all of the
discussions about rules, bylaws, and policies. Whatever we call ourselves, I hope some
way can be found to celebrate both the regulatory and the relational expressions of
WSBA and to draw strength from that partnership.
Thank you very much.
589
Respectfully,
/s/
Elizabeth M Rene
Attorney at Law
WSBA#10710
KCBA#21824
rene0373@gmail.com
590
From: KAT [niailto :macneil 98@yahoo.com]
Sent: Friday, August 26, 2016 11:07 AM
To: William D. Hyslop; robin @mcneicewheeler.com
Subject: Fw: Feedback on Bylaws Changes
Bill and Robin,
I sent the following comments regarding Tuesday's Special Meeting of the Board of Governors to Anthony
Gipe, as he is the chair of both the Bylaws Workg roup and the Sections Policy Workgroup. My email was
forwarded to the Section Leaders mailing list and one of the members suggested that I also forward a
copy of the email to at least some members of the Board of Governors. Since there is no centralized
mailing list for the entire Board of Governors, I am sending a copy of my email to you for further
dissemination to the BOG.
Thank you for providing this forum for comments.
Kim Thornton
----- Forwarded Message -----

From: KAT <macneil 98@yahoo.com>
To: "adgipe@shatzlaw.com" <adgipe@shatzlaw.com>
Sent: Wednesday, August 24, 2016 7:41 PM
Subject: Feedback on Bylaws Changes
Anthony,
It was a pleasure to meet you at yesterday's Special Meeting of the Board of Governors. I have been
living in Florida for the last six years and have not followed the progress of either the Bylaws or Section
Policy workgroups until my return to Washington last month. I want to provide you with some feedback
based on my limited review of the work product of those groups and the discussion at yesterday's
meeting. Please forgive me if I repeat comments made by other individuals or groups, as I have not likely
seen most of them due to the large volume of information on the website. I have tried to focus on the
most current versions of the proposed documents. Please also let me know if I have misread any of the
provisions or if the group has already discussed the same issues and is in process of resolving them.
Proposed WSBA Bylaw Amendments
1. I agree with comments made at yesterday's meeting that language reg arding referenda on
licensing fees needs to be clarified. There is an apparent disconnect between Section 111.1.6 and
Section V lll.A.1 .a. In Section 111.1.6, entitled License Fee Referendum, the phrase "shall be
subject to the same referendum process as other BOG actions" has been deleted. This change
suggests that the intention was to remove the referendum power over license fees from the
membership, notwithstanding the qualifying language at the end of the sentence stating the
license fees may not be modified as part of a referendum on the Bar's "budget." At yesterday's
meeting, one board member commented that the referendum power over licensing fees is
retained by Section V lll .A. 1.a, which states that membership referenda may be initiated to
reverse "a final action by the BOG." However, the vague ph rase "a final action by the BOG" and
the more specific language of 111.1.6, which more specifically addresses license fee referenda
should be harmon ized .
2. I am also opposed to amending the Bylaws or the APR to allow the Washington Supreme Court
to establish licensing fees without regard to the wishes of the WSBA membership. Members of
the WSBA should always have the right to determine the cost of membership. While the WSBA
is not technically a democracy in the true sense of that word, it is a professional organization
whose purpose is partly to serve its members. It cannot properly serve them if they have no
control over the cost of that service or what is included .
3. I agree with several speakers at yesterday's meeting that the three classes of members in
Section 111.A.1 should not receive comparable benefits if they pay disparate licensing fees. Some
effort should be made to align the fees with the benefits.
591
4. I have no comment at this time about the composition of the BOG and provision for additional
members. I see value in various opinions expressed in yesterday's meeting and need to give this
issue further consideration.
Suggested Amendments to Bylaws Article XI (Sections)
First, as a former and future section leader, let me note that I have participated in at least one section,
and at times more than one, since I began law school. Section membership constitutes the majority of
my interaction with the WSBA. This history colors my comments regarding the proposed amendments.
1. Section Xl.B.1 increases the number of section members required to establish a new
section. Likewise, Xl.L.1 increases the number of voting members for determining
continued "viability." What is the basis for these increases? I don't agree that small sections do
not have value or provide service to members or the public. In fact, they often provide services
that might not otherwise be available because of that group's more narrow area of practice.
2. Although I agree, in principle, that the sections are "entities of the bar," as section XI.A has been
amended to read, with all the hierarchical connotations that accompany that phrase, I oppose
replacing the word "ju risdiction" in section XI. B.1.a with the word "purpose." It clearly devalues
the sections at the outset and does not comport with my understanding of the sections pivotal role
in serving members and the public. As I noted above, the majority of my interaction with the
WSBA has been through section activities. By denigrating the sections' importance in the
WSBA's Bylaws, this wordi ng change gives sections a minor role in the WSBA.
3. I have several issues related to Section Xl. D. First, although it appears to be a completely new
section , it directly conflicts with recommendations made by the Sections Policy
Workgroup. Section Xl.D states that the section executive committees are responsible for setting
the amount of section dues each year. The December 30, 2015 Phase 1 Report of the Section s
Policy Workgroup overtly contradicts this new Section Xl. D of the Bylaws by recommending that
the WSBA Budget & Audit Committee should set the same section member dues for all
sections. If the dues are the same for all sections, why would the section executive committees
need to set dues for their sections? The Workgroup further recommends that although the
sections apparently retain the right to set their own budgets (in section Xl.J), individual section
funds should be pooled and administered centrally by the WSBA for the support of ALL sections
(my emphasis). I fail to see why sections should set their own budgets if they do not retain the
authority to control them. I am beginning to understand why the BOG specifically
tabled discussion of fiscal policies at yesterday's meeting. There appears to be a lot of work left
to do on fiscal policy. I also note that there was a lot of negative feedback from the sections
about pooling and redistribution of section dues. I emphatically oppose the pooling of section
funds, as well as the transfer of control over section budgets to the WSBA. Sections are the
lifeblood of the WSBA. They are run by volunteers who provide quality education, networking
and public outreach for their members. If their hands are tied by even more bureaucracy than
currently exists within the WSBA, they will not be nearly as effective.
4. Section X l.G.1.b states that the executive committee should reflect "diverse perspectives." I'm
really struggling with what this phrase means. Does it mean diversity regarding the section's
goals, views about the practice area that the section represents, or regional location? In other
words, does this refer to diversity of opinion or representation? Are the sections, which provide
"educational programming" and "networking forums" based on "practice areas or particular areas
of focus" (quoting the Phase 1 Draft Report of the Sections Policy Workgroup), expected
to include in their executive committees and membership individuals who have no interest in that
"practice area" in order to achieve "diverse perspectives"? Is executive committee representation
in the sections insufficiently diverse in some way now? I would like to understand better what is
motivating this language.
Again, I'm sorry this feedback is coming to you so late in the process but I am interested in becoming
more involved now that I am back in the state.
Kim Thornton 592

September 12, 2016
Board of Governors
Re: Comments on Proposed Bylaw Amendments
Dear Members of the Board of Governors and other W BSA Leaders,
I provide these comments solely as a member of the WSBA, not in my capacity as Chair of the Corporate
Counsel Section, as a member of the Securities Law Committee of the Business Law Section or as a
Section Leader Representative of the Sections Policy Workgroup.
Increasing Centralization at the WSBA
Consistent with my remarks at the Board of Governors ("BOG") meeting in Walla Walla on July 22, and
at the BOG meeting in Seattle on August 23, the proposed Bylaw amendments seem to be part of a
larger trend in w hich the WSBA is becoming more centralized and more insulated from its members .
Among other concerns I have already pointed out:
In addition to these significant Bylaw amendments under hu rried and somewhat haphazard
consideration now, the BOG will soon also consider whether and how to limit members'
referendum rights. President Hyslop made it very clear to me at the August 23 meeting that the
BOG intends to address this issue separately. That, in fact, is part of my concern, as explained
more completely below.
No specific reasons have been provided to justify or explain the proposed Rule 12 changes and it
remains unclear to me whether or not the WSBA leadership seeks through these and/or othe r
changes to place the WSBA under tighter control and supervision by the Washington State
Supreme Court {the "Cou rt"). If so, why, and what would that look like ultimately?
At the August 23 meeting, with Chief Justice Madsen seated off to my right (invited I'm sure to
facilitate the free flow of constructive feedback from members), I asked Executive Director
Littlewood the same question. She replied simply that she envisions no changes.
Other BOG members added in later discussions that no substantive changes are intended with
the Rule 12 changes.
These answers beg the question of why the Rule 12 changes are necessary or appropriate. They
must be important to someone. Please explain. What is changing vis-a-vis the Court? Why is
every aspect of WSBA activity increasingly considered to be "state action" by the WSBA
leadership? This is becoming increasingly problematic from the perspective of many members,
myse lf included. I hope to be able to ask Chief Justice Madsen for greater clarity at the Town
Hall on September 14, but I am not optimistic about receiving a more expansive explanation.
593
Just months ago the BOG debated relinquishing its right to terminate the WSBA Executive
Director unless such t ermination is approved by the Court. Th is is presumably something that
could come up again and I would li ke to understand why this wou ld be good for the WSBA. And
how would the Court go about making such a decision?
The original proposals ofthe Section s Policy Workgroup would have t aken all of the Sections'
fund s away, along with much of their ability to self-govern.
The Sections Policy Workgroup's surprising initial proposals may or may not have been part of a
larger, integrated plan to transform th e Bar, but it would be illogical for members to ignore (i)
the fa ct that the Sections Policy Workgroup and the Bylaws Workgroup are both simultaneously
chaired by t he same person, Anthony Gipe, (ii) the fact that Mr. Gipe also played a key role on
the Governance Task Force from w hich th e proposed Bylaw amendments have emanated, or (iii)
the fact that Mr. Gipe was appointed and not elected by the members to both the BOG and to
the Presidency.
If nothing else, Mr. Gipe's rise to power without being elected and his subsequent role in
bringing about rapid and substantial changes demonstrates the fact of and the releva nce of both
(i) centralization and (ii) the simu ltaneous reduction of the role of members in governing the
WSBA.
Reducing Members' Gove rnan ce Influence Insulates the WSBA Leadersh ip
Many of the proposed changes coming from th e current WSBA leadership tend to reduce the ability of
the members to influence WSBA governance. I believe the justification for this is a desire to make th e
WSBA more like a government age ncy that is directly accountable to th e public for delivering a more just
and equitable lega l system . From a governance perspective, however, I am very conce rned th at changes
that reduce the members' say in gove rnan ce actually insulate t he WSBA leadership from constructive
critique and also further alienate the members. These unintended consequences could substantially
redu ce the effectiveness of th e WSBA in meeting the very objectives it might be hoping to pursue with a
more free hand and a free purse.
As noted above, it is unclear to me how the BOG or the WSBA executive leadership want to change the
WSBA's relatio nship with the Court, but I believe any increase in th e Court's day-to-day control over
WSBA administration w ill insu late the existing WSBA Executive staff from critique by the members,
especially in the near term, given th e close personal rel ations hips that appear to exist between the
Court and th e WSBA's senior staff (according to persons who are more knowledgea ble about such
behind th e scenes details than I am).
W here are These Changes Leading?
At the August 23 meeting I said that I wish th e WSBA leadership' s approach to the proposed Bylaw
amendment s more closely rese mbled w hat is required under the William s Act w hen a person or
company st arts buying up the stock of a company. Specifically, Item 4 of Schedule 130 requires one to :
"... state the purpose or purposes of the acquisition of securities" and "describe any plans or
proposals which the reporting persons may have which relate to or would result in certain"
594
enumerated types of changes in the management, composition, operation and policies of the
issuer."
As a former SEC lawyer, this strikes me as a perfect parallel for the disclosures I would like t o see. Please
tell us the big picture.
There are analogous concepts throughout the law that BOG members should be familiar with, including
the requirement in an Environmental Impact Statement to disclose and analyze future anticipated
activities and their "cumulative impacts" when combined with presently proposed activities, and also
the "step transaction doctrine" in tax law, under which a series of formally separate steps is combined,
resulting in ta x treatment as a single integrated event.
The members simply do not understand how the proposed Bylaw amendments, Rule 12 changes,
possible changes to the referendum rules, clamping down on routine Section budgeting and spending,
changes to the Executive Director's terms of office, and other aspects of decision making authority that
might be turned over to the Court all fit into the overall vision that the WSBA leadership has in mind.
Absent any other explanation, my hypothesis is that the Court, through Chief Justice Madsen, is
consulting with the WSBA leadership, perhaps behind the scenes, t o steer the WSBA in a more
centralized direction, with less risk of member interference, in order t o impose even more aggressive
strategies toward the laudable goals of increasing access to justice and increasing diversity in the
profession. Perhaps the Chief Justice will shed light on whether and how she would like to re-shape, re-
direct or reinvent the WSBA at the September 14 Town Hall meeting.
As noted above and below, I not believe centralization and decreasing member influence in governance
will actually en hance the WSBA's ability to pursue its goals and aspirations.
Member Sentiment is Shifting Regarding Bifurcation
Another observation I made at the August 23 meeting is the increasing number of members who tell me
they have given up on the WSBA. Many have decided to take their professional activities and interests
elsewhere - voting with their feet to commit their vo lunteer time and energy to other groups. They're
gone. I also noted that a number of other very experienced and respected members are now actually
committed to the goal of bifurca ting the Bar. These members say, each in their own way, that they have
lost interest in the increasingly futile struggle to meaningfully influence the WSBA. For these folks, the
uncertainty, the difficulty and the potential benefits of bifurcation now look better than staying the
course with a professional relation sh ip that dates back some 133 years.
The WSBA leadership should consider asking members a simple question - "Dear Member, if the
professional association side of the house was offered a clean, supportive break from the licensing and
regulatory side, would you vote to stay or go?"
I believe the answer would be surprising to all - and much different today than just a couple years ago.
The BOG's recent actions seem to be greatly increasing the popularity of bifurcation as a soluti on to a
growing range of concerns and grievances.
At the August 23 meeting, I asked Executive Director Littlewood if bifurcation might not be the best
solutio n for the professional association side of the house. I was pleased to hear her say that the WSBA
595
is much stronger as an integrated Bar. In responding, though, she added that bifurcation would require
approval by the Court and she said, as I recall, that such approval was unlikely. In saying this, I believe
she even gestured toward the Chief Justice.
As I responded then, and as I say here again, in slightly different words, I would not be so confident that
a group of 30,000+ lawyers wouldn't be able to successfully devise a plan to take back their professional
association, particularly if the benefits of doing so clearly and substantially outweigh the costs.
Transaction lawyers and litigators frequently take on "impossible" causes with great success.
Many years ago at Plum Creek Timber, Inc. I worked on the successful 1-90 Land Exchange. Many
environmental groups initially opposed the t ransaction and it looked fairly impossible. But through
ingenuity and persistence we succeeded and it yielded great benefits for the company and for the
public. Not much after that we also converted Plum Creek into the first publicly traded timber-REIT. I
remember splitting the company into 14 separate operating entities, paying $20 million for a single-
purpose tax insurance policy, arguing with the SEC and fighting a major proxy battle. Again, complex,
uncertain, expensive and heavily litigated for sure, but not impossible. And ultimately quite successful
and worth the effort, as might be bifurcation at some point.
Proposed Bylaw Amendments
In my following comments on the proposed amendments I am focusi ng on just a few issues - the
proposals that I believe wi ll cause the most harm to the unity and functioning of the WSBA and that w ill
be the most difficult to reverse in the future.
An important change I'm not addressing is the addition of LLLTs and LPOs as full "Members" of the
WSBA. I tend to favor an inclusive view of the Bar Association. I accept the overall logic of the limited
licensee program and I believe integrating those persons fully into the WSBA is the best way to protect
and best serve the public. That said, there are persons in other Sections who are much closer to these
issues and they should take the lead in commenting on them.
Ruth Edlund, for example, has pointed out several important unaddressed concerns, including that the
projected cost of member benefits by the 2018 dues cycle is well in excess of what the limited licensees
w ill be contributing and yet there has apparently been no financial assessment of that imbalance by the
BOG as the WSBA's fiduciaries.
Name Change
First, I continue to urge the BOG to vote against dropping the word "Association" from the WSBA's
name- a name in continuous use si nce 1883. Frankly, in the present context, this proposal looks and
feels like a symbolic slap in the face to the members.
The initial reaso n for the change, offered early on by the Governance Task Force, was " to correct the
erroneous impression" that the WSBA is "something like a trade association." The WSBA may not be
"something like a trade association," but to most members it is something like a professional
association . And yes, I know the WSBA leadership now wants to give a different reason or two for the
proposed change, but that's not how it works - no un-showing your cards, sorry. If the current
leadership cares to show that it's not downgrading the relevance of the members it should ditch this
wholly unnecessary and highly divisive proposal.
596
Creation of Three More Board of Governors Seats
The proposed Bylaw changes to create three more BOG seat s beyond those provided in the Bar Act
directly reduce member influence over WSBA governance.
As I and others have noted , giving limited license practitioners two seats on the BOG is vastly out of
proportion to their numbers - are there even twenty registered limited license practitioners yet? Two
seats for such a small group is facially unreasonable.
The third proposed seat on the BOG is for a member of the public. The most commonly offered reason
for this recommendation is that both California and Oregon have membe rs of the public on their Bar
Boards of Governors and have found them helpful. I do not find this logic or any other explanations
provided to date compelling. I have seen no evidence that either of those states' Ba rs are doing a better
job in any respect than we are. I also have see n no outcry for public representation on the BOG
anywhere in the media.
I urge that the BOG scale back these proposed amendments to eliminate the public BOG seat and to
provide the LLLTs and LPOs w ith one BOG seat, elected by all of the members, not appointed, for the
rea sons described below.
Appointing Versus Electing Board of Governors Members
I and others have spoken out against creating more "appointed" BOG seat in violation of the Bar Act.
There are already th ree appointed seats - seats w hich just as easily could have been elected seats. As I
said at both the July 22 and August 23 meetings, appointments are clearly undemocratic and subject to
more potential mischief from a governance perspective than free elections. As explained herein, the
currently appointed seats are already having outsized impacts that the members seem powerless t o
question, understand or resist.
At the August 23 meeting, incoming WSBA President Robin Haynes gave a spirited defense of appointing
the proposed seats, arguing that appointments are necessary to ensure diversity and adding that far too
many of the elected seats still go to older white males.
I emphatically reject Ms. Haynes logic and the accuracy of her statement. Many of the elected seats are
held by persons who are not older white males and the BOG is diverse by any measure. The suggestion
that more "appointed" seats are necessary to make the BOG diverse is false. If there must be any new
BOG seats, there is sim ply no compelling rea son for those seat s not to be elected by the members.
The appointed leadership model is the rule in China because the Chinese government believes it makes
better decision s than the people. The Chinese people don' t like it and nor do I.
597
On a final note, Ms. Haynes' position in support of appointing the members of the BOG is not surprising,
as she too was appointed and not elected to her BOG seat and to her position as in-comi ng President of
the WSBA. The power of her appointments and Mr. Gipe's, and the resulting changes those
appointments are now rapidly producing, dramatically underscore that power in the WSBA is shifting
su bstantially away from the members and that the members are largely powerless to object.
Thank you for considering my feedback.
Sincerely,
Paul Swegle, #18186

pswegle@gmail.com
598
~--,,-~
, , , :,. ...___---~
Robert J. Keating T: (303) 44BBB01 Thomas P. Lyden T: (360) 296-0344
4450 Arapahoe Avenue F: (BBB) 350-991 7 114 W . Magnolia S treet F: (BBB) 3 509917
Suite 100 Licensed in CO and WA Suite 440 Licensed in WA
KEATING & LYDEN, LLC B oulder, CO B0303

rkeating@keatingandlyden.com
Bellingham, WA 9B225
tlyden@keatingandlyden.com
A T TOR NEY S AT LA W
www.keatingandlyden.com
September 12, 2016
DELIVERED VIA EMAIL
William D. Hyslop, President, WSBA

-.hvs lop:;;~ lukins. wm
Robin L. Haynes, President-Elect, WSBA

robin@,mcne icewheeler.com
Anthony David Gipe, Immediate Past President, WSBA

adgipe@,shatzla w .com
G. Kim Risenmay, Governor, District 1

kim@ risenmaylaw.com
Brad E. Furlong, Governor, District 2

bef@furlongbutler.com
Karen D. Wilson, Treasure r and Governor, At Large

karende nise@kdwilsonlaw.com
Mario M. Cava, Governor, At Large

mario.cava@libe rtymutual.com
Greetings:
The Whatcom Cow1ty Bar Association met September 7, 2016 for its monthly meeting. The
WCBA passed a resolution instructing the Preside nt of WCBA to draft a letter to the Washington State Ba r
Association and appropriate officials expressing the feedback the WCBA President received regarding
proposed changes to the WSBA by-laws . This letter follows the instruction.
The Whatcom CoW1ty Ba r Association respectfully requests the WSBA and its Board of
Governors extend the time-frame for voting on the proposed by-law changes . A de lay is necessary for
more WSBA membe rs, especially those in the Whatcom CoW1ty Bar, to research, process and formally
comment on the proposed changes. While this suggestion does not fit within the current Board of
Governors' prefe rence for timing, and the ir wish to have c losure after severa l years of work on this project,
it does ensure that a ll members of the WSBA, inc luding my constituents, have ample time to reflect and
comment on the proposed changes.
599
The WCBA is aware of the magnitude of time and effort that the WSBA officers and governors
have put into this endeavor. The WCBA is also aware of the desire for the current slate of governors to
finish this project after so many volunteer-hours have been expended in service of the WSBA. However,
the need for expediency and closure is not overcome by the need of the WSBA's membership to fee l it had
adequate time to research, process and respond to its governing members regarding the proposed,
sweeping and significant changes.
The proposed changes are significant in both function and appearance. The overwhelming vocal
response from my Whatcom County colleagues makes clear that the proposed changes are too large, too
substantive, and appear to be moving ahead too quickly for its members to feel comfortable with the
changes. We respectfully ask that you heed our request to postpone action until a larger dialogue can
occur, and afford concerned members of the WSBA the opportunity to further participate in the process of
changing our institution.
Respectfully yours,
Thomas P. Lyden, President

Whatcom County Bar Association
600
RECEIVED
SEP 16 2G:3
SAN JUAN COUNTY BAR ASSOCIATION FURLONG BUTLER
P.O. Box 133
ATTORNEYS
FRIDAY HARBOR
360.317.5951 SAN JUAN ISLAND, WA 98250 SJCBA@ROCKISLAND . COM
September 13, 2016
Brad E. Furlong, Gov. Dist. 2

Board of Governors
Seattle, Washington 98101
VIA EMAIL: bef@furlongbutler~com
RE: Board of Governors' Meeting, Sept. 29 & 30, 2016

Proposed WSBA bylaws amendments and revisions
Dear Governor Furlong:
With approval of more than half of the San Juan Co~ Bar _Association membership voting on short notice, I am
writing to ask you to postpone the scheduled hearing on adoption of the proposed changes and amendments to
the bylaws of the Washington -State Bar Association, currently scheduled for hearing at the next Board of
Governors' meeting on Sept. 29th & 30th, 2016, and to refer the proposed changes arid amendments back to the
WSBA membership at-large for further_review and comment.
In the opinion of the SJCBA members responding, not enough time has been provided for a meaningful review
and commentary on the proposed changes, deletions and additions. Only five days were provided for review and
comment before the proposed changes IJlent before the Board at its meeting on August 23, 2016. The text of the
changes is voluminous; many provisions have been moved to other _
locations in the bylaws; it is proposed to take
away WSBA members' referendum rights regarding licensing fees; and it is also proposed to place three non-
attorneys on the Board by appointment - thus _in positions of authority over attorney-members of the WSBA. The
last two are certainly contentio~~ and deserve to be reviewed and discussed AT LENGTH by the general
membership of the WSBA. Further, adding three appointed positions to the Board would result in 9 appointed
members, and only 11 directly elected by at-large members of the WSBA.
We appreciate the time and effort all concerned have contributed to these revisions, and your own desire to bring
this large project to conclusion during your term -on the Board. But with your election as President Elect,
presumably followed in turn by a term as President and thereafter another term as Immediate Past President, you
have an additional three years to directly address the revisions and amendments, and the serious concerns of
your membership.
Please do not adopt the current version of the proposed WSBA bylaw revisions and amendments. Please vote to
refer the proposed revisions and amendments back to the WSBA membership at large for further review and
comments.
601
l
JWC:cc
cc: file
DELIVERED VIA EMAIL:
William D. Hyslop, President, WSBA

shyslop@lukins.com
Robin L. Haynes, President-Elect, WSBA

robin@mcneicewheeler.com
Anthony David Gipe, Immediate Past President, WSBA

adgipe@shatzlaw.com
G. Kim Risenmay, Governor, District 1

kim@risenmaylaw.com
Karen D. Wilson, Treasurer and Governor, At Large

karendenise@kdwilsonlaw.com
Mario M. Cava, Governor, At Large

mario.cava@libertymutual.com
Rajeev Majumdar, Governor-Elect, Dist. 2

rajeev@northwhatcomlaw.com
Washington local county bar associations via email address on fi le with WSBA
602
Margaret Shane
From: Rebece<~ Bernard <RBERNARD@wapa-sep.wa.gov>

Sent: Wednesday, September 14, 2016 5:01 PM
To: Margaret Shane
Subject: Proposed changes to WSBA bylaws
There are severe objections being raised by many attorneys about changed to the bylaws. Many attorneys object to
new provisions which would take away from WSBA members the referendum right reg ard ing licensing fees. Many
attorneys object to provisions which would allow non-attorneys to be appointed to positions of authority over bar
members who are attorneys. Many attorneys object to provisions which would allow the President or the Committee
Chair to raise and discuss issues in secret instead of in a public meaning, thus frustrating the transparency of the
BOG.
These types of provisions seriously diminish the trust which many WSBA members have in their Bar Association. In
light of the fact that there is so much controversy over the new bylaws, wisdom requires that enactment of new
bylaws be delayed until there is more consensus within the Bar Association about what changes should and should
not be made to the bylaws.
Respectfully.
Rebecca Bernard
Deputy Prosecuting Attorney
Family Support Division
Grays Harbor County Prosecutor's Office
(360) 249-4075
Please Note: Your email is important to us. Our email system uses an aggressive SPAM Filter. If you have not received
a reply to your email, please call our office and we will add you to our SPAM Filter. Thank you.
1
603
From: Gerry Alexander [mailto :qalexander@bqwp.net]
To: William D. Hyslop
Cc: 'ctm@olylaw.com'
Subject: WSBA Change of Name
Bill: I hope you don't mind me kibitzing on the proposa l to change the name of the Washington State
Bar Association to the Washington State Bar. I think the change of name is a bad idea and I am hopeful
that you and the Governors of the WSBA still have an open mind on this subject. I think it is important
to note in regard to this issue, that the State Bar Act of 1933, which is still on th e books, identifies the
bar of this State as the "Washington State Bar Association." Although I recognize that Washington's
courts and the WSBA rarely refer to that act, it was the Bar Act that caused Washington to join the ranks
of states with an integrated bar, Indeed, RCW 2.48.170 provides that "no person sha ll practice law in
this state ... unless he shall be an active member thereof." Jettisoning the name that is set forth in the bar
act amounts to a serious untethering of the WSBA's fealty to the act and would likely encourage those
who favor a bifurcated, rather t han integrated, bar. Going back to the situation that was exta nt prior to
1933 would, in my judgment, be a huge mistake. Thank you for considering my views and for passing
them on to the governors. Gerry
Gerry L. Alexander
Of Counsel
IBEAN, GENTRY, W HEELER & PETERNELL, PLLC

910 Lakeridge Way SW
Olympia, Washington 98502
Phone: (360) 357-2852 Fax: (360) 786-6943
galexander@bgwp. net www.bgwp.net
604
l
j
!
i
l
GRAYS HARBOR COUNTY BAR ASSOCIATION
l
I
l
I
II
l
September 20, 2016
Board of Governors
Seattle, WA 98101
Re: Board of Governors' Meeting, September 29 & 30, 2016

Proposed WSBA bylaw amendments and revisions
Dear Governors:
The Grays Harbor County Bar Association (GHCBA) membership unanimously suppo1i and
endorse the letters from the San Juan County Bar Association and the Whatcom County Bar
Association requesting the scheduled hearing on the proposed changes and amendments to the
bylaws of the Washington State Bar Association, scheduled for September 29 and 30, 2016, be
postponed. The GHCBA requests that the proposed changes and amendments be referred back
to the members at large and the individual county bar associations for fmiher review and
comment.
Given the massive number of changes, additions, and deletions to the bylaws, the short review
and comment period, and the lack of outreach to county bar associations and current WSBA
members gives the current members inadequate access to the process that governs their
professional careers. At a recent bar meeting, a member of GHCBA brought up that she was
directed to wsba.org when requesting information about the bylaw changes and that the WSBA
had indicated it had posted the information on the website for everyone to review. Not only is
posting info1mation on a single website an ineffective form of disseminating it to a large
membership, but a link to infonnation regarding the proposed bylaws is not even on the home
page. When I looked for infonnation regarding the changes to the bylaws, I had to: (1) click the
link for lawyers on the homepage; (2) scroll down to the bottom of the page in the your legal
community section and click WSBA Committees, Boards, Panels, Councils, and Task Forces;
and (3) click Bylaws Work group on the left hand side of the page to bring me to the WSBA's
posted infonnation regarding the changes. There may be a shorter route to this information, but
the point is it is not obvious that there is an imminent vote on a voluminous change to the bylaws
for an attorney that is coming to the WSBA website for another reason, like purchasing a CLE.
1
605
Grays Harbor County Bar Association membership respectfully requests that the WSBA not
adopt the cunent version of the proposed WSBA bylaw revisions and amendments. Please vote
to refer the revisions and amendments back to the members at large and the county bar .:
I
associations for further review and comment. .I
.l
.
. l
Sincerely,
GRAYS HARBOR COUNTY BAR ASSOCIATION
Jtl,!t~
cc:
William D. Hyslop, President, shyslop@lukins.com
Robin L. Hayes, President-elect, robin@mcneicewheeler.com
Anthony David Gipe, hnmediate Past President, adgipe@shatzlaw.com
Pacific County Bar Association
Mason County Bar Association
_________:rhurston_Gmmty_BarAssociation_ _ _ __ _ __ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _~
Jefferson County Bar Association
Clallam County Bar Association
Lewis County Bar Association
2
606
Mr. Rajeev Majumdar, Governor-Elect, District 2
Mr. Dan Bridges, Governor-Elect, District 9
Ms. Chris Meserve, Governor-Elect, District 10
September 22, 2016
Board of Governors
1345 - Fourth Avenue, Suite 600
Dear Board of Governors:
We have watched the debate concerning the proposed amendments to the Bylaws, GR 12, and APRs.
We have reviewed many responses from members and Bar organizations. We write to share our
perspective, reached independently of each other, coming to the same conclusions.
Here, we assume all the amendments have value. Our concern is process. We have heard the Board' s
explanation to members that holding a special meeting in August for a first reading followed in short
order by a vote in September is standard. With the greatest of respect, that does not appear to be the
case as shown by a variety of other matters brought before the Board in the last few months.
We appreciate the time you put into this work and know you view it as the capstone of a long process.
We think, though, this is not "the end," but "the beginning of the end." These proposals deserve as
much opportunity for input and consideration as others coming before the Board, including Escalating
Costs of Civil Litigation, prayers at Indian Law seminars, etc. It is not enough to say there have been
meetings and a time for input. Members do not consider proposals such as this until they are in a final
form and these were not final until last month. Let the members consider them in a reasonable manner.
Our sense is this Board is not giving due weight to how this process is being viewed by the members.
We have heard you acknowledge it but we fear you are underestimating it. The members will, rightly or
wrongly, view this as rushed through before they could even figure out what was going on. They will
view the entire process, including town hall meetings pushed in on the eve of the vote, as contrived.
Again, we take no position whether that is true. However, insofar as the last few months the Bar News
has had on its cover everything except these proposals, members might have basis to argue the Bylaw
changes have been hidden in plain sight.
We agree members have a responsibility to be informed and participate. They are starting to now. Let
them continue. The members are asking for, and we support, more time. We acknowledge President
Hyslop's column in September discussed some (but not all) of the proposals. That is a good start but we
submit more needs to be done. We urge the Board to present these to the members beginning w ith a
cover story in the Bar News and a "pro and con" section within it. We encourage direct outreach at
local bar meetings, in publications, and e-mails to reach the greatest numbers of members possible.
These amendments change the very nature of what the Bar is. We submit they ought to be affirmatively
published and discussed at all levels consistent with that gravity.
607
Board of Governors
September 22, 2016
Page -2-
We do not ask you to reject the proposals. We urge this Board vote to table them and establish a
timeframe for their meaningfu l consideration by the members before a final vote. We appreciate you
have traveled a long road to get to where you are, but for the sake of the Board, the members, and the
Bar as a whole, we urge you to act in a judicious manner. These bylaws, if passed, may last beyond our
mutual lifetimes. If it requires a few months to obtain a meaningful consensus of the members or to
create a better product, that is a small price to pay. The perception there was a rush to judgment could
create a wound which will take a decade or more to heal, if ever. We ask that you proceed carefu lly and
pause before this important final step.
Thank you for your consideration.
Very truly yours,
Rajeev Majumdar
Governor-Elect, District 2
Dan Bridges
Christina Meserve,
608
WSBA
OFFI CE OF T H E GENERAL COUNSEL
Jean K McElroy direct line: 206-727-8277

General Counsel/Chief Regulatory Counsel fa,x: 206-727-8313
e-mail: jeanm@wsba.org

Governors
From: Jean K. McElroy, General Counsel/Chief Regulatory Counsel
Re: Suggested Amendments to Admission and Practice Rules Related to Coordinated
Systems for WSBA Administered Licenses to Practice (Action)
Action Requested : The Board is requested to approve the suggested amendments to

the Admission and Practice Rules for submission to the Court. The attachments show
all of the suggested amendments.
BACKGROUND: Current System. The Washington State Bar currently administers all
admissions, licensing, continuing education, and status change processes for three
separate types of licensed legal practitioners: lawyers, Limited Practice Officers (LPOs)
and Limited License Legal Technicians (LLLTs). In essence, we currently are
administering three separate "Bars", each with its own administrative processes,
timelines, terminology, and structure, within the one framework of the Washington State
Bar.
Additionally, the WSBA administers and processes several other types of applications
for licensing - for all of the limited types of licenses described in APR 8 (pro hac vice,
house counsel, etc.) , and for limited licenses for law students as Rule 9 licensed legal
interns - as well as processing applications for enrollment in the Rule 6 Law Clerk
program (an educational program, not a license to practice law)_ Again, each of these
have different requirements, forms , processes, and in many cases, staff and
technology.
Process for drafting amendments. In drafting these suggested rule amendments,

WSBA staff focused on the similarities in the processes involved and bringing those
processes into alignment as much as possible without changing significant and
important differences among the license types. As the amendments were being drafted ,
the ideas behind the amendments were discussed with the affected Boards, and
amendment language was presented to those Boards when firm drafts became
available.
609
Suggested APR Amendments
Page 2
KEY POINTS: Focus areas for the amendments include:

Clarifying functions to be performed by the Bar (including staff) and
responsibilities for policy oversight among the BOG, LLLT Board , LP Board , and
other Boards - see, e.g., suggested amendments to APR 2;
Combining like functions for the various licenses into one area in the rules -
see suggested amendments to APR 3 for amendments that describe
qualifications to apply for all licenses administered by the Bar;
Eliminating duplication of rules and regulations currently being performed by
different Boards for different licenses - see the numerous changes to APRs 12
and 28 to reflect that many functions covered in those rules and regulations have
been moved into other rules ;
Increasing uniformity of terms by providing some uniform definitions and
changing all references to WSBA (in whatever form) to "the Bar";
Increasing the availability of services and opportunities for LPOs and
LLLTs;
Relocation of rules regarding Emeritus Pro Bono members and expanding
license types that can serve in an Emeritus Pro Bono capacity;
Elimination of license types that are rarely, if ever, used. These include:
a. Non-member Emeritus Pro Bono - It appears that there have only been
four such licensees during the time this license type has existed, and this
category is confusing in that Emeritus Pro Bono is designated as a type of
member in the WSBA Bylaws.
b. Military Lawyers - This license is for full time military lawyers who want to
represent military personnel in some state court matters. This carried with
it certain requirements that were rarely , if ever, met - including initial
training, continuing legal education requirements, and notification to
WSBA if the military lawyer left the state - and it did not include
membership in WSBA. The suggested amendments to the rule would
instead include military lawyer representation of military personnel in
Washington State court matters as pro hac vice appearances, but waive
the requirements of a local, supervising Washington lawyer and waive
payment of the associated fee.
c. Educational - This license type was very rarely used by professors at
Washington law schools who transferred in from other jurisdictions but
didn't want to take the Washington Bar examination. In light of
Washington's switch to the Uniform Bar Exam, and the relatively recent
changes to Washington's admission by motion rules, it is now much easier
for any transferred law professors to become admitted to WSBA without
having to take a new bar examination.
610
Suggested APR Amendments
Page 3
NEW AMENDMENTS SINCE SECOND READING:
In lieu of doing a redline version of the changes since the second reading in August, the
following summary and direction to proposed language is being provided.
1) In APR 3(b) language was added to clarify that in order to qualify to take the UBE
here in Washington , a lawyer applicant must not be eligible to get admitted on
motion or by transfer of a UBE score. This change is intended to prevent a form of
cheating that can occur when people who do not need to take the exam take it in
order to memorize or otherwise capture questions used on the multiple choice
portion of the exam, which could affect the reliability of the exam results.
2) Throughout, we have replaced "any and all assessments" with "any" or "any
mandatory" assessments. There is no change in meaning.
3) Cross references within one rule to other rules have been corrected throughout the
APR so they refer to the intended rule.
4) The language in suggested APR 5U) regarding nonresident lawyers, LLLTs or LPOs
has been shortened to increase clarity.
5) In APR 11, suggested amendments to language regarding the assessment of fees
have been removed and the language returned to the currently existing language, at
the request of the MCLE Board .
6) Language in both APR 12 and APR 28 regarding license fees has been amended to
make it clear that the same procedures described in the WSBA Bylaws for handling
lawyer fees will also apply to LPO and LLLT license fees. The subjects of these
WSBA Bylaw provisions include things like fee reductions, waivers, rebates, etc.
7) Some amendments have been included in APR 15 regarding the LFCP, now that the
LFCP Board has had an opportunity for input and to incorporate the LFCP Board's
request for an amendment to increase the cap on the gift awards.
8) In APR 20, language was added to clarify that the character and fitness rules apply
to applicants for enrollment in the APR 6 law clerk programs as well as for other
application types.
9) The LLLT Board is requesting an amendment of the rule describing the makeup of
that Board, and the new language is included in the suggested amendments to APR
28.C.
In addition, numerous typographical errors were discovered during reviews subsequent

to the Second Reading . Changes have been made to correct those, including to correct
spelling, punctuation , verb tense, etc. We will continue to watch for these typographical
issues if these rules are approved for recommendation to the Court.
ATTACHMENTS:
1. Redline version of Admission and Practice Rules showing all suggested

amendments marked onto the existing APR.
2. Clean version of the Admission and Practice Rules as they would read with all
suggested amendments incorporated into the rules.
611
ADMISSION AND PRACTICE RULES
RULE 1. IN GENERAL; SUPREME COURT; PREREQUISITES TO THE PRACTICE OF LAW;

COMMUNICATIONS TO THE ASSOCIATIONBAR; CONFIDENTIALITY; DEFINITIONS
(a) Supreme Court. The Supreme Court of Washington has the exclusive responsibility and the inherent power
to establish the qualifications for admission to practice law, and to admit and license persons to practice law in this
state. Any person carrying out the functions set forth in these rules is acting under the authority and at the direction of
the Supreme Court.
(b) Prerequisites to the Practice of Law. Except as may be otherwise provided in these rules, a person shall not
appear as an attorney or counsel in any of the courts of the State of Washington, or practice law in this state, unless that
person has passed the \VashiHgtoR State ear an examination for admission, has complied with the other requirements
of these rules, and is an active member of the Washington State Bar AssoeiatioR (referred to in these rules as the Bar
Assoeiation). A person shat! be admitted to the practice of law and become an active member of the Bar Assoeiation
only by order of the Supreme Court.
(c) Communications to the Association. Communications to the Bar Assoeiation, the Board of Governors, the--
Board of Bar farnmiRers, the Charaeter and Fimess Board, the Lavi Clerk Board, mediators, mediation staff, or any
ether individual person, board, committee or other entity administered by the Bar or acting under authority of these
rules, are absolutely privileged, and no lawsuit may be predicated thereon.
(d) Confidentiality.
(1) Unless expressly authorized by the Supreme Court or by the applicant, all application records, including
related investigation files, documents and proceedings, for the admission or for a license limited admission to practice
law and or for enrollment in te the law clerk program are confidential and shall be privileged against disclosure, except
as necessary to conduct an investigation, hearing, and appeal or review pursuant to these rules.
(2) Unless expressly authorized by the Supreme Court, all examination questions, scoring keys and other
examination data used by the Assoeiation Bar to administer the ear exarninatioR aad other EJ:l:lalifyiag .!!!1Y
examinations for admission or licensing are not subject to public disclosure.
(3) Unless expressly authorized by the Supreme Court, the following records of the Board of Bar Examiners,
Mandatory Continuing Legal Education Board, Limited Practice Board, Limited License Legal Technician Board,
Law Clerk Board, Character and Fitness Board, and the La'<'r/ers' fl:lnd for Client Protection Fund Board are
confidential and shall not be disclosed:
(iA) Preliminary drafts, notes, recommendations, and intra-Board memorandums in which opinions are
expressed or policies formulated or recommended;
(ff!!) Records that are relevant to a controversy to which the Board is a party but which records would not be
available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(4) Motions for the limited admission permission to practice law under APR 8(b) are not confidential and may be
disclosed pursuant to a proper request.
(e) Definitions. The following definitions apply throughout these Admission and Practice Rules except where
otherwise stated:
(1) "Active legal experience"
(A) when used to describe a requirement for admission or licensure as, or otherwise regarding. a lawyer
means experience in the active practice of law as a lawyer, or as a teacher at an approved law school, or as a judge of
a court of general or appellate jurisdic tion or any combination thereof, in a state or territory of the United States or in
the District of Columbia or in any jurisdiction where the common law of England is the basis of its jurisprudence;
(B) when used to describe a requirement for licensing as, or otherwise regarding, a LLLT, means active
experience practicing law as an LLLT;
(C) when used to describe a requirement for licensing as, or otherwise regarding, a LPO means active
experience practicing law as a LPO.
(2) "Bar" means the Washington State Bar, including Bar staff.
(3) "Bar counsel" means a staff lawver employed by the Bar.
(4) "Board of Governors" means the Board of Governors of the Washington State B ar.
(5) "LLLT" means limited licensed legal technician.
(6) "LPO" means limited practice officer.
(7) "Member" means a person who is identified as belonging to a group identified as members by the Bar's
Bylaws.
Redline Admission and Practice Rules (APR) September 20 16 Page 1
612
(8) "Qualified legal services provider" means a not for profit legal services organization in Washington State
whose primary purpose is to provide legal services to low income clients.
(9) "Supreme Court" means the Supreme Court of Washington.
RULE 2. BOARD OF GOVERNORS;

(a) Powers. In addition to any other power or authority in other rules, the Board of Governors of the Bar
Association (referred to in these rules as the Board of Go,.emors) shall have the power and authority to:
( 1) Appoint a Board of Bar Examiners from among the active members of the Bar Association for the purposes of
assisting the Board of Governors Bar in conducting grading the-baf examinations for admission or licensing and in
writing and maintaining the Washington Law Component;
(2) Appoint a Law Clerk Board from among the active members of the Bar Association fo r the purposes of
assisting the Board of Governors Bar in supervising the Law Clerk Program;
(3) Appoint a Character and Fitness Board pursuant to rule W23;
(4) Except as otherwise stated in these Admission and Practice Rules, provide for the administration by the Bar of
all aspects of:
(A) developing the form and content, receiving, reviewing, investigating, and approving or denying
applications for ad mission and licensin g examinations, participating in programs administered by the Bar, being
admitted or licensed to practice law, or changing membership status with the Bar, and any other certificate or
document referred to in these Admission and Practice Rules and
(B) recommending to the Supreme Court the approval or denial of applicants for admission or licensure to
practice law;
Approve or deny applieations for permission to talre the bar examination, to enroll in the law elerk program,
to be admitted to practice by motion, or to engage in the limited practice oflaw under pertinent proYisions of rules 8, 9,
~
(5) Investigate all aspeets of an applicant's qualifieations to take the bar e1<arnination, to be admitted to the practice of
law, to engage in the limited praetice oflaw under pertinent provisions of rules 8, 9, and 14 , or to enroll in the law clerk
program;
(6) Recommend to the Supreme Co1:1rt the admission or rejeetion of each applicant who has passed the bar
examination, \ho is applying to he admitted to practice by motion, or .vho is applying to engage in the limited practice
of law under pertineat provisions of rules 8, 9, and 14;
(l+) Approve law schools for the purposes of these rules and maintain a list of such approved law schools-en-file
with the Clerk of the Supreme Court;
(8) Prescribe, with the approval of subj ect to review by the Supreme Court, the amount of any fees required by
these rules; and
(9) Prescriee the form aad conteat of any app lication, certificate, or other doeument referred to in these rules; and
(1.W) Perform any other functions and take any other actions provided for in these rules, or as may be delegated
by the Supreme Court, or as may be necessary and proper to carry out its duties.
(b) Written Request. Any request to the Board of Governors for action on any subject under these rules shall be
in writing and shall be properly filed. For the purpose of these rules, filing shall occur at the headquarters office of the
Bar Association.
RULE 3. APPLICANTS FOR ADMISSION TO PRACTICE LAW

(a) Prerequisite for Admission. Every person desiring to be admitted to the Bar of the State of and the practice of
law in Washington must be of good moral character, and possess the requisite fitness to practice law, and must qualify
for and pass an Sar-examination except as provided for in these rules.
(b) Qualification for Lawver Bar Examination. To qualify to sit for the ~bar examination, a person must
not be eligible for admission by motion or UBE score transfer and must present satisfactory proof of etther:
Qi) graduation with a Juris Doctor (JD) degree from a law school approved by the Board of Governors; or
{ltt) completion of the law clerk program prescribed by these rules; or
(iii) grad1:1ation frorn a United States law school not approved by the Board ofGoremors together with the
completion of an LL.M. degree for the praetice of law as defined by these rules; or
(iv) graduatioa from a uaiversity or law school outside the United States with a degree in law together with the
completion of an LL.M. degree for the practice of law as defined by these rules; or
Red line Admission and Practice Rules (APR) September 20 16 Page 2
613
Q.y) admission to the practice of law, together with current good standing, in any jurisdiction where the common
law of England is the basis of its jurisprudence, and active legal experience for at least Jthree of the ~five years
inunediately preceding the filing of the application_;_m:
(4) graduation with a Master of Laws (LL.M.) degree for the practice of law as defined below and either:
.(Al graduation with a JD degree from a United States law school not approved by the Board of Governors,
ill} graduation from a university or law school in a jurisdiction outside the United States, with a degree in
law that would qualify the applicant to practice law in that jurisdiction.
"Acti,ie legal experience" shall means experience either in the active practice oflaw, or as a teacher at an approved law
school, or as a judge of a court of general or appellate jurisdiction, or any combination thereof, in a state or territory of
the United States or ifl the District of Columbia or in any jurisdiction where the common law of England is the basis of
its jurisprudence.
" LL.M. degree for the practice of law" means an LL.M. program at a law school approved by the Board of Governors
that consists of a minimum of 18,200 minutes of total instruction to include at least 12,000 minutes of instruction on
principles of domestic United States law, which must include:
fi1 (A) a minimum of 2080 minutes in United States Constitutional Law, including principles of separation of
powers and federalism:
W (B) a minimum of2080 minutes in the civil procedure of state and federal courts in the United States;
fffi1 CC) a minimum of 1400 minutes in the history, goals, structure, values, rules and responsibilities of the
United States legal profession and its members; and
ftvj (D) a minimum of 1400 minutes in legal analysis and reasoning, legal research, problem solving, and oral and
written communication.
(c) Lawyer Admission by Motion. Lawyers admitted to practice Jaw in other states or territories of the United States
or the District of Columbia are not required to sit for the ~bar examination if they:
Qi) file a certificate from that jurisdiction certifying the lawyer's admission to practice, and the date thereof, and
current good standing or the equivalent; and
Cf.ii) present satisfactory proof of active legal experience for at least Jthree of the ~five years immediately
preceding the filing of the application.
(d) Lawyer Admission by UBE Score Transfer. Persons with a Uniform Bar Examination score earned in another
state or territory of the United States or the District of Columbia are not required to sit for the lawyer bar examination
in Washington if they:
(l) file a transcript demonstrating that the applicant received a UBE score that is equal to or higher than the score
required to pass the UBE in Washington, and it has been not more than 40 months since the date of the administration
of the UBE in which the score was earned; and
(2) file a transcript demonstrating that the applicant received an MPRE score equal to or higher than the score
required to pass the MPRE in Washington, and the score was received no earlier than three years prior to a nd no later
than 40 months after the date of the administration of the UBE in which the applicant received the UBE score.
(e) Qualification for LLLT examination. To qualify to sit for the LLLT examination. a person must;
(l) be at least 18 years of age.
(2) have the following education, unless wa ived through regulation:
(A) An associate level degree or higher:
(B) 45 credit hours of core curriculum instruction in paralegal studies pursuant to APR 28 Regulation 3 with
instruction to occur at an ABA approved law school, an educational institution with an ABA approved
paralegal education program. or an education institution with an LLLT core curriculum program approved by
the LLLT Board; and
(C) In each practice area in which an applicant seeks licensure. instruction in the approved practice area based
on a curriculum developed by or in conjunction with an ABA approved law school, covering the key
concepts or topics and the number of credit hours of instruction required fo r licensure in that practice area, as
determined by the LLLT Board.
(3) present original proof of passing the Paralegal Core Competency Exam administered by the National
Federation of Paralegal Associations.
(0 Qualification for LPO Examination. To qualify to sit for the LPO examination. a person must be at least 18 years
of age.
(g) Emeritus Pro Bono Admission. A lawyer, LLLT or LPO admitted to practice law in Washington State may app ly
for emeritus pro bono status when the lawyer. LLLT or LPO is otherwise fully retired from the practice of law. An
614
emeritus pro bono lawyer, LLLT or LPO shall provide legal services in Washington State only fo r a qualified legal
service provider as defmed in these rules.
(1) To apply, the lawyer, LLLT or LPO shall
(A) file an application in such form and manne r as prescribed by the Bar ;
CB) present satisfactory proofof active legal experience as defined in APR 1 or at least 5 of the 10 years
immediately preceding the filing of the application;
CC) file a certification from a qualified legal services provider that the applicant' s practice of law will comply
with the terms of this rule;
(D) comply with training requirements prescribed by the Bar; and
(E) furnish whatever additional info rmation or proof that may be required in the course of investigating the
app licant.
(2) Upon approval of the application by the Bar, the lawyer, LLLT or LPO shall pay the current year's annual
license fee in the amount required of inactive lawyers. LLLTs or LPOs, whichever is the applicable license type.
Emeritus pro bono lawyers, LLLTs or LPOs are subject to annual license renewal as provided by the Board of
Governors.
(3) Upon admission under this section. the practice of law by a lawyer, LLLTor LPO shall be limited to
(A) providing legal service for no fee through a qualified legal services provider; or
(B) serving as an unpaid governing or advisory board member or trustee of or providing legal counsel or
service for no fee to a qualified legal services provider.
The prohibition against compensation for emeritus pro bono lawyers, LLLTs or LPOs shall not prevent a qualified
legal services provider from reimbursing an emeritus pro bono lawyer. LLLT or LPO for actual expenses incurred
while rendering lega l services under this rule. A qualified legal services provider shall be entitled to receive all court
awarded attorney's fees for any representation rendered by the emeritus pro bono lawyer, LLLT or LPO.
(4) Emeritus pro bono lawyers. LLLTs or LPOs sha ll pay to the Bar an annual license fee in the amount required
of inactive lawyers. LLLTs or LPOs, whichever is the applicable license type.
(5) The practice of a lawyer, LLLT or LPO admitted under this section shall be subject to the applicable Rules of
Professional Conduct, disciplinary rules, and to all other laws and rules governing lawyers. LLLTs or LPOs admitted
to the Bar.
(6) Emeritus pro bono lawyers, LLLTs or LPOs shall be exempt from compliance with rule 11 concerning
Mandatory Continuing Legal Education.
(7) Emeritus pro bono admission shall be automatically terminated and converted to inactive status when the
lawyer. LLLT or LPO fails to comply with the terms of this rule.
(d) Exeeptiens(h) Withholding Approval or Permission to Take Examinations. The BarBoarel ofG01emors
may, in its discretion, withhold approval of an application or withhold permission to sit for the bartake an examination
for an otherwise qualified applicant, until the applicant establishes that all requirements have been met or until
completion of an inquiry into the applicant's character and fitness, if the applieant (i) has ever beea conYieteel of a
"serio1:1s crime" as Eiefineel ie ELG 7.1 (a)(2), or (i i) has ever beee Eiisbarreel or is preseRtly s1:1speREieel from the practise
of law for Eiiseiplieary reasoes ie aRy j 1:1riselietioa, or (iii) has preYio1:1sly beef!: EieA:ieel admission to the Bar in this or
any otherj uriselictioa for reasons other thaR failure to pass a bar examination. The Board ofGoYemors may also
withholel approYal of an applieation or pennissioa to sit for the bar examiaation i,vhere for aRy other reason there are
serio1:1s anel s1:1bstantial q1:1estioas regareliRg the preseat moral eharaeter or fitaess of the app lieant. The Boarel of
Governors may refer sueh matters to the Gharaeter aA:d Fitness Boarel for ievestigatioR aREi hearieg p1:1rs1:1ant to these
ru-les.
(ie) Fef:msApplications; Fees; F iling.
-~<~ !)~.Every applicant for admission shall:
(A+) Execute and file an application, in the form and manner and within the time limits that may be
prescribed by the BarBoarel ofGoi,emors;
(1!2) Pay upon the filing of the application such fees as may be set by the Board of Governors subjec t to
review bywith the approval of the Supreme Court; and
~J) Furnish whatever additional information or proof may be required in the course of investigating the
applicant's qualification for admission or licensure, and investigating the applicant's good moral characte r and fitness
pursuant to APR 20-25.6.
(2) Refunds of a ny application fees shall be handled according to policies established by the B ar.
(3) Transfers of applicants from administration of one examination to administration of another examination shall
be handled according to polic ies established by the Bar.
Redline Admission and Practice Rules (APR) September 20 16 Page4
615
RULE 4. BAR EXAMINATIONS FOR ADMISSION; NOTIFICATION O F RESULTS
(a) Bal' Examination~. +he-e.J;xamination~ for admission to the-0af practice law shall be conducted by and under
the direction of the BarBoard of Governors with the assistaece of the Board of Bar Examiners. The bar e.J;xamination~
shall be held iR febraar1 aed in JHly of each year, or at such ether times and places as the BarBoard of Governors may
designate, commencing at the times aed in the locations selected by the Board of Governors.
(b) Notification of Results. As soon as practicable after the completion of the-eaf an examination, the Board of
Governors shall ca\:lse each applicants will-te be notified of the results of the bar eJtamination. The BarBoard of
Governors may disclose publicly the names of those applicants who have passed an examination, but not the names of
those who failed an examination unless authorized by the applicant or these rules. There shall be no appeal or review
of examination results. the resHlts to the applicant's law school and the National Conference of Bar Eltaminers. ~To
other ieformation will be divulged to persons other than the applicants concerning the applicants who failed the bar
exaraination.
(c) Repeating -Bal' Examination~. There is no limitation on the number of times an unsuccessful applicant may
apply for and take subsequent administrations of an examination for admission. Any applicant failing a bar
examination may apply to take aaother bar examinatioa.
(d) Lawyer Bar Examination. Unless otherwise provided by these rules, applicants for admission to practice as
a lawver must take and pass the National Conference of Bar Examiners' (NCBE) Uniform Bar Examination (UBE)
and Multistate Professional Responsibility Examination (MPRE).
(1) Washington's UBE minimum passing score is 270.
(2) Washington's MPRE minimum passing score is 85, which must be earned no earlier than three years prior to
and no later than 40 months after the date of the administration of the UBE in which the applicant received the
minimum passing score.
(3) The Bar may disclose the results of the lawyer bar examination to an applicant's law school and the NCBE.
(e) LLLT Examination. Unless otherwise stated in these rules, all applicants for admission to practice law in
Washington as an LLLT must take and pass an LLLT practice area examination and the LLLT professional
responsibility examination.
(1) The practice area examination will test applicants on one specific practice area and knowledge ofLLLT scope
of practice specific to that practice area.
CA) Each practice area examination shall be comprised of three parts: a multiple choice section, an essay
section, and a performance section.
CB) The duration, form, and manner of the exam shall be as prescribed by the LLLT Board.
CC) The minimum passing standard for the practice area examination is a score of75 percent for each section
of the examination. A failing grade in one section shall result in failure of the examination, in which case grading of
any remaining sections shall not be required.
(D) An applicant who fails the practice area examination may request a copy of their essay and performance
sections if graded. An applicant who passes the practice area examination will not receive a copy of the examination.
(2) The LLLT professional responsibility examination will test applicants on their knowledge of the LLLT Rules
of Professional Conduct.
(A) The professional responsibility examination shall be comprised of one multiple choice section.
(B) The minimum passing standard for the professional responsibility examination is a score of75 percent.
(C) The professional responsibility examination must be passed no earlier than 18 months and no later than
40 months from the date of the administration of the practice area examination in which the applicant receives a
passing score.
<D LPO Examination. All applicants for admission to practice law in Washington as an LPO must take and pass the
LPO examination, which shall test applicants on the legal knowledge and skills required fo r LPO practice. as well as
the permissible scope of practice for an LPO and the LPO RPCs, There is not a separate professional responsibility
examination.
CI) The LPO examination consists of three parts, a multiple choice examination, an essay examination. and a
performance examination.
(2) The minimum passing standard for the examination is 75 percent for each section, and applicants must pass all
three sections. A failing grade in one section shall result in failure of the examination in which case grading of any
remaining sections shall not be required.
(3) Those applicants who fail the examination will be informed of their score on each graded section of the
examination.
616
(4) Copies of the examination shall not be available to any applicant.
RULE 5. RECOMMENDATION FOR PRE-ADM ISSION REQUIREMENTS; OATH ;

RECOMMENDATION FOR ADMISSION; ORDER ADMITTING TO PRACTICE LAW; PAYMENT O F
MEMB ERSHIP F EE; OATH O F ATTORNEY; RESIDENT AG ENT
(a) Reeommenaati011 fof' Aamission. The Board ofG01ernors shall recommend to the S1;1preme Co1;1rt the
admission or rejection of each applicant who has passed the bar examiaation or been appro.,ed for admission by
motion, and, who has complied with the preadmission req1;1irements set forth in this rule. A recommendation for
admission shall be based Hp on the Board of Governors determination, after investigation, that the applicant appears to
be of good moral character and in all respects q1;1alified to engage in the practice of law. All recommendations of the
Board of Governors shall be accompanied by the applicaat's applicatioa for admission aad aay other dornmeats
deemed pertiaeat by the Board ofG01ernors or req1;1ested by the S1;1preme Coart. The recommendatioa and all
accompanyiRg doc1;1ments aad papers shall be kept by the Clerk of the 81;1preme Court in a separate file which shall aot
be a pHblic record.
tb}-Preadmission Requirements. Before an applicant who has passed the-baf an examination fo r admission, or who
qualifies for admission without passing the-baf an examination, may be admitted, the applicant must:
(1) pay to the Bar the annual license fee and any mandatory assessments ordered by the Supreme Court for the
current year;
(2) file any and all licensing forms required of active lawyers, LLLTs or LPOs;
(3) take the Oath for the Practice of Law; and
(4) designate a resident agent ifreq uired to do so by APR 13.
(b) Lawyer applicants. In addition to the requirements in section (a) above, lawyer applicants must:
(1) take and pass the Washington Law Component CWLC). The duration, form and manner of the WLC shall be as
prescribed by the Bar. The WLC minimum pass score is 80 percent; and
(2) complete a minimum of 4 hours of education in a curriculum and under circumstances approved by the
BarBoard of Go,,emors;
(3) pay to the Bar Associatioa the ann1;1al license fee aad aRy assessments for the c1;1rrent year;
(4) file aay aad all liceasing forms req1;1ired of active members;
(5) take the Oath of Attorney; aad
(a) desigaate a resident agent ifreq1;1ired to do so by sectioa (f).
(c) LLLT Applicants. In addition to the requirements in section (a) above, LLLT applicants must:
(1 ) demonstrate financial responsibility pursuant to APR 28IC; and
(2) demonstrate completion of 3,000 hours of substantive law-related work experience pursuant to APR 28
Regulation 9.
(d) LPO Applicants. In addition to the requirements in section (a) above. LPO applicants must demonstrate
financial responsibility pursuant to APR 12(f).
(e) E xpiration of Preadmission Requirements. The preadmission requirements must be completed within:
Cl ) 40 months from the date of the administration of the examination for lawyer applicants;
(2) 40 mon ths from the date of the administration of the examination for LLLT applicants;
(3) 12 months from the date of the administration of the examination for LPO applicants;
(4) 12 months from the date of filing the application, fo r lawyer applicants who apply by motion or UBE score
transfer, except for good cause shown.
for applicaats who take aad pass the bar examiaation, the preadmissioa req1;1iremeats m1;1st be completed within 40
months from the date of the administratioa of the bar e1<amiaation iR which the score was earned. for applicaRts who
apply by motion, the preadmission req1;1irements mHst be completed within one year from the date of filing the
applicatioa, except for good ca1;1se showR.
(fe) Oath for the Practice of Lawof Attorney. The Oath for the Practice of Law of Attorney must be taken
before an elected or appointed judge, excluding judges pro tempore, sitting in open court in the state of Washington. In
the event a successful applicant is outside the state of Washington and the Chief Justice is satisfied that it is impossible
or impractical for the applicant to take the oath before an elected or appointed judge in this state, the Chief Justice may,
upon proper application setting forth all the circumstances, designate a person authorized by law to administer oaths,
before whom the applicant may appear and take said oath.
(ga) Contents of O ath. The oath which all app licants shall take is as follows:
OATH FOR THE PRACTICE OF LAW Of ATTOID-IBY
State of Washington, County of - - -- - ss.
617
I, _____, do solemnly declare:
I. I am fully subject to the laws of the State of Washington and the laws of the United States and will abide by the
same.
2. I will support the constitution of the State of Washington and the constitution of the United States.
3. I will abide by the Rules of Professional Conduct approved by the Supreme Court of the State of Washington.
4. I will maintain the respect due to the courts of justice and judicial officers.
5. If there are limitations on my license to practice law, I will confine my activities to those pem1itted pursuant to my
license to practice law and will faithfully disclose any limitations on my services.
~~ I will not counsel, or maintain any suit, or proceeding, which shall appear to me to be unjust, or any defense except
as I believe to be honestly debatable under the law, unless it is in defense of a person charged with a public o ffense. I
will employ for the purpose of maintaining the causes confided to me only those means consistent with truth and
honor. I will never seek to mislead the judge or jury by any artifice or false statement.
]Jr. I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in
connection with the business of my client unless this compensation is from or with the knowledge and approval of the
client or with the approval of the court.
~+. I will abstain from all offensive personalities, and advance no fact prejudicial to the honor or reputation of a party
or witness unless required by the justice of the cause with which I am charged.
2_&. I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay
unjustly the cause of any person.
(signature)
SUBSCRIBED AND SWORN TO before me this _ day of _ _ _ _, 20 _ .
Judge
(h) Recommendation for Admission. The Bar shall recommend to the Supreme Court the admission or rejection
of each applicant who has passed an examination for admission or who qualifies for and has been approved fo r
admission without passing an examination, and who has complied with the preadmission requirements set forth in this
rule. A recommendation fo r admission shall be based upon the Bar's determination, after investigation, that the
applicant has met all the requirements for admission and appears to be of good moral character and fit to engage in the
practice of law. All recommendations of the Bar shall be accompanied by the applicant's application for admission and
any other documents deemed pertinent by the Bar or requested by the Supreme Court. The recommendation and all
accompanying documents shall be kept by the Clerk of the Supreme Court in a record which shall not be a public
record.
(ie) Order Admitting to Practice. After examining the recommendation and accompanying documentation
papeFS-transmitted by the BarBoard ofGo\ernors, the Supreme Court may enter such order in each case as it deems
advisable. For those applicants it deems qualified, the Supreme Court shall enter an order admitting them to the
practice of law.
(if) Nonresident Lawyers, LLLTs or LPOs; Residen t Agent. There shall be no requirement that an applicant,_
lawyer. LLLT or LPO or a member of the Bar AssociatioR be a resident in the state of Washington. Every member,
eKcept a j1:1dicial member, of the Bar Association ,yho does not live or maintain an office in the state of Washington
shall file with the Bar AssociatioR the name aRd address of an ageRt within this state fo r the p1:11=pose of receiving
service of process or of any other doc1:1meRt reEl1:1ired or permitted by statl:lte or co1:1rt F1:1le to be served or delivered to a
resideRt lawyer. Service or delivery to s1:1ch agent shall be deemed service 1:1pon or deliYery to the lawyer.
R ULE 6. LAW CLERK PROGRAM

(a) Purpose. The Law Clerk Program provides access to legal education guided by a qualified tutor using an
apprenticeship model that includes theoretical, experiential, and clinical components. Successful completion of the
Law Clerk Program provides a way to meet the education requirement to apply fo r the \l/ashiRgtoR State~ bar
examination; it is not a special admission or limited license to practice law.
(b) Application. Every applicant for enrollment in the law clerk program shall:
( I) Be of good moral character and fitness. as defined in APR 20;
618
(2) Present satisfactory proof of having been granted a bachelor's degree by a college or university with approved
accreditation; ifthe degree was earned in a non-US jurisdiction, the applicant shall provide supporting documentation
as to its equivalency;
(3) Be engaged in regular, full-time employment in Washington State for an average of32 hours per week with
the primary tutor or primary tutor's employer in a (i) law office, (ii) legal department or (iii) a court of general, limited,
or appellate jurisdiction in Washington State. The employment must include tasks and duties which contribute to the
practical aspects of engaging in the practice of law;
(4) Submit in such form and manner as prescribed on forms 13rovided by the Bar Association (i) an application for
enrollment in the program, (ii) the tutor's application, and, (iii) the application fee;
(5) Appear for an interview, provide any additional information or proof, and cooperate in any investigation, as
may be deemed relevant by the BarBoard of Governors; and
(6) If applicable, present a petition for Advanced Standing based on law school courses completed or courses
completed in this program during a previous enrollment. The BarBoru-d of Governors may grant Advanced Standing to
an applicant approved for enrollment for courses deemed recently and successfully passed and equivalent to courses in
the program.
(7) Where the BarBoard ofG01ernors is satisfied that a primary tutor has arranged a relationship with the
applicant's full-time employer consistent with the purposes of the Program, the requirement that the primary tutor, or
the primary tutor's employer, be t11e law clerk's employer may be waived.
(c) Tutors. To be eligible to act as a tutor in the law clerk program, a lawyer or judge shall:
(1) Act as a tutor for only one law clerk at a time;
(2) Be an active member in good standing of the Bar 1\cssooiation, or be a judicial member who is currently elected
or appointed to an elected position, who has not received a disciplinary sanction in the last 5 years, provided that if
there is discipline pending or a disciplinary sanction has been imposed upon the member more than 5 years preceding
the law clerk's application for enrollment, the BarBoard of Governors shall have the discretion to accept or reject the
member as tutor;
(3) active legal experience in the practice of law as defined by APR 1 or have held the required judicial position
for at least 10 of the last 12 years immediately preceding the filing of the law clerk's application for enrollment. The 10
years of practice must include at least 2 years in Washington state and may be a combination of active practice and
judicial experience but may not include periods of suspension for any reason;
(4) Certify to the applicant's employment as required above and to the tutor's eligibility, and to agree to instruct
and examine the applicant as prescribed under this rule; and
(5) Act as a tutor only upon the approval of the BarBoard of Governors which may be withheld or withdrawn for
any reason.
(d) Enrollment. When an application for enrollment has been approved by the BarBoard of Governors, an
enrolled law clerk shall:
( 1) Pay an annual fee as set by the Board of Governors.
(2) Meet the minimum monthly requirements of an average of 32 hours per week of employment with the tutor
which may include in-office study time and must include an average of 3 hours per week for the tutor's personal
supervision of the law clerk., "Personal supervision" is defined as time actually spent with the law clerk for the
exposition and discussion of the law, the recitation of cases, and the critical analysis of the law clerk's written
assignments.
(3) Complete the prescribed course of study which shall be the equivalent of four years of study. Each year of
study shall consist of 6 courses completed in 12 months. Months of leave, failed courses, and months in which the
enrollee does not meet the minimum number of hours of work and study may not be counted toward the completion of
a course and may extend the length of a year of study. Advanced Standing granted may reduce the months of program
study. The course of study must be completed within 6 years from the initial date of enrollment.
(4) Abide by APR 6 and the Law Clerk Program Regulations approved by the Board of Governors which provide
the course of study, program requirements and other guidelines to successfully complete the program.
(e) Course of Study. The subjects to be studied, the sequence in which they are to be studied, and any other
requirement to successfully complete the program shall be prescribed in the Law Clerk Program Regulations. Progress
toward completion of the program shall be evaluated by submission of examinations, certificates, reports and
evaluations as follows:
(1) Examinations. At the end of each month, the law clerk shall complete a written examination prepared,
administered, and graded by the tutor. The examination shall be answered without research, assistance, or reference to
source materials during the examination~, The examination shall be graded pass/fail.
619
(2) Certificates. The tutor shall submit the examination, including the grade given for the examination and
comments to the law clerk, and a monthly certificate, stating the law clerk's hours engaged in employment, study and
the tutor's personal supervision within 10 business days following the month of study. If an examination is not given,
the monthly certificate shall be submitted stating the reason.
(3) Book Reports. The law clerk shall submit three book reports for the Jurisprudence course requirement
corresponding to each year of study.
(4) Evaluations. Annually, or at other intervals deemed necessary, the law clerk shall participate with the tutor in
an evaluation of the law clerk's progress.
(f) Completion of the program. A law clerk shall be deemed to have successfully completed the program when:
( 1) All required courses have been completed and passed as certified each month by the tutor, and all book reports
have been submitted;
(2) The tutor has certified that the law clerk, in the tutor's opinion, is qualified to take the ~bar examination
and is competent to practice law; and
(3) The Bar-Beare has certified that all program requirements are completed.
(g) Termination. The BarBoard of Go..emors may direct a law clerk to change tutors if approval of a tutor is
withdrawn. The BarBoard of Governors may terminate a law clerk's enrollment in the program for:
( 1) Failure to complete the prescribed course of study within 6 years from the date of enrollment;
(2) Failure of the tutor to submit the monthly examinations and certificates at the end of each month in which they
are due;
(3) Failure to comply with any of the requirements of the law clerk program; and
(4) Any other grounds deemed pertinent.
(h) Effective Date. Revision of this rule shall not apply retroactively. A law clerk may complete the program
under the version of the rule in effect at the start of enrollment.
(i) Confidentiality. Unless expressly authorized by the Supreme Court, the program applicant, or by a current or
former law clerk, enrollment and related records, documents, and proceedings are confidential and shall be privileged
against disclosure, except that the fact of successful completion of the program shall be subj ect to disclosure.
RULE 7. [RESERVEDJINVE8TICATION8; DUTY OF APPLICANT

(a) Ianstigatioas. The Board ofGoYernors may refer any application for perm:ission to take the bar eJrnmination, to
be admitted to tee practice of law or to be admitted to ilie limited practice of law under pertinent provisions of rules 8,
9, and 14, or to eflfoll iB ilie law clerk program to state bar counsel or to ilie Cearacter and Fiteess Board for
in;estigation pursuant to these rules.
(h) DHty of Applieaat. It seall be ilie duty of eery applicant to cooperate with any iB;estigation reqHired by the
Board of Goemors, by promptly furniseing written or oral explanations, documeets, releases, authorii:ations, or
anything else reasonably required by the iBvestigator. Failure to appear as directed or to fumise additional proof or
answers as required or to cooperate fully shall be sufficieet reasoe for the Board of Governors to reject or to
recommend the rejection of an application.
(e) Subpoenas: The chairperson of the Character and Fitness Board or Bar Counsel may issue subpoenas to compel
attendance of an applicant or witness, or tee production of books, documents, or oteer evidence, at a deposition or
eearing. Subpoenas shall be served in tee same manner as in civil cases in the superior court.
RULE 8. NON-MEMBER LAWYER LICENSES TO PRACTICE LAW LIM:ITED ADMISSIONS

(a) In General. Lawyers admitted to the practice oflaw in any state or territory of the United States or the District
of Columbia or in any foreign jurisdiction, who do not meet the qualifications stated in APR 3 requirements of rule l
(b) or 3(c), may engage in the limited practice of law in this state as provided in this rule. Lawyers permitted or
licensed to practice law under this rule are not members of the Bar.
(b) Exception for Particular Action or Proceeding. A~ member in good standing of, and permitted to
practice law in, the barBar of any other state or territory of the United States or of the District of Columbia, or a lawyer
who is providing legal services for no fee through a qualified legal services provider pursuant to rule 8(f), may appear
as a lawyer in any action or proceeding only
(i) with the permission of the court or tribunal in which the action or proceeding is pending, and
(ii) in association with an active ~member of the Washington State Bar Association, who shall be the lawyer
of record therein, responsible for the conduct thereof, and present at proceedings unless excused by the court or
tribunal. The requirement in (ii) is waived for a lawyer who is a full-time active duty military officer serving in the
Redline Admission and Practice Rules (APR) September 2016 Page9
620
office of a Staff Judge Advocate of the United States Anny, Air Force. Navv, Marines. or Coast Guard. a Naval Legal
Service Office or a Trial Service Office, located in the State of Washington.
(1) An application to appear as such a lawyer shall be made by written motion to the court or tribunal before
whom the action or proceeding is pending, in a form approved by the BarBoard of Governors, which shall include
certification b y the lawyer seeking permission admission under this rule and the associated Washington lawyer that
the requirements of this rule have been complied with, and shall inolude an indioationstate the date on which date-the
fee and any mandatory assessment required in part (2) were paid, or indioatingstate that the fee and assessment were
waived pursuant to part (2). The motion shall be heard by the court or tribunal after such notice to the Washington
State Bar Assooiationand payment of fees and assessments as is-required in part (2) below, together Vlith the required
fee and assessment, unless waived pursuant to part (2), and to adverse parties as the court or tribunal shall direct.
Payment of the required fee and assessment shall only be necessary upon a lawyer's first application to any court or
tribunal in the same case. The court or tribunal shall enter an order granting or refusing the motion, and, if the motion
is refused, the court or tribunal shall state its reasons.
(2) The lawyer making the motion shall submit a copy of the motion to the Washington State Bar Assooiation
accompanied by,
@},a nonrefundable fee in each case in an amount equal to the license fee required of active lawyer
members of the Barset by the Board of Governors .vith the approval of the Supreme Court, and
ill.ti}; the Lav1yers' Fund for Client Protection Fund assessment as required of active ~members of the
Bar under these rules.
_ __...(=3.,_)Payment of the fee and assessment shall only be necessary upon a lawyer's first motion to any court or tribunal
in the same case. The associated Washington ~ oounsel shall be jointly responsible for payment of the fee and
assessment. The fee and assessment shall be waived for~
f;{A} a lawyer providing legal services for no fee through a qualified legal services provider pursuant to rule
8(f),
(B) a lawyer rendering service or no fee in either a bar association or governmentally sponsored legal services
organization or in a public defender's office or similar program providing legal services to indigents and only
in that capacity, or
(C) a lawyer w ho is a full-time active duty military officer serving in the office of a Staff Judge Advocate of
the United States Army, Air Force, Navv, Marines, or Coast Guard, a Naval Legal Service Office or a Trial
Service Office, located in the State of Washington, and who is not receiving any compensation from clients in
addition to the military pay to which they are already entitled.
_ __...(~4~)The Washington State Bar Assooiation shall maintain a public record of all motions for admission permission
to practice pursuant to this rule.
QJ) No member of the Bar Assooiation shall lend his or her name for the purpose of, or in any way assist in,
avoiding the effect of this rule.
(c) Exception for Indigent Representation. A member in good standing of the barRaf of another state or
territory of the United States or of the District of Columbia, who is eligible to apply for admission as a lawyer under
rule APR 3 in this state, while rendering service in either a bar association or governmentally sponsored legal services
organization or in a public defender's office or similar program providing legal services to indigents and only in that
capacity, may, upon application and approval, practice law and appear as a lawyer before the courts of this state in any
matter, litigation, or administrative proceeding, subject to the following conditions and limitations:
(1) Application to practice under this rule shall be made to the BarBoard of Governors, and the applicant shall be
subject to the Rules for Enforcement of Lawyer Conduct and to the Rules of Professional Conduct.
(2) In any such matter, litigation, or administrative proceeding, the applicant shall be associated with an active
~member of the Bar Assooiation, who shall be the lawyer of record and responsible for the conduct of the matter,
litigation, or administrative proceeding.
(3) The applicant shall either apply for and take the first available ~bar examination after the date ef'.-the...
applioant's admission the applicant was granted authorization to practice under this rule, or, already have filed an
application for admission by motion or Uniform Bar ExamUBE score transfer.
(4) The applicant's authorizatio!!fight-to practice under this rule (i) may be terminated by the Supreme Court at
any time with or without cause, or (ii) shall be terminated automatically for failure to take or pass the required~
bar examination, or (iii) shall be terminated for failure to become an active ~member of the B ar Assooiation
within 60 days of the date the ~bar examination results are made public, or (iv) shall be terminated automatically
Redline Admission and Practice Rules (APR) September 2016 Page 10
621
upon denial of the application for admission, or (v) in any event, shall be terminated within I year from the original
date of the applicant's admission the applicant was authorized to practice law in this s tate under this rule.
(d) (Reserved.] Exeeptien fer Edaeatienal Purposes. A lawyer v,rho is eru-olled aad in good standiflg as a
postgraduate srudent or as a faculty member ifl a program of afl approYed law school ifl this state, involving clinical
work iR the courts or in the practice of law, may apply to the Board of Governors for admissioR to the limited practice
of law by payiHg afl ifl\estigatioR fee aRd by preseatiag satisfactory proof of (i) admission to the practice of law aad
curreHt good staHdiHg ifl aHy state or territory of the UR:ited States or the District of Columbia, aHd (ii) good moral
character.
(1) UpoH approval of the applicatiofl by the Board of Governors, the applicaHt s hall take the Oath of Attorney, aHd the
Board of Governors shall transmit its recommendatioe to the Sapreme Court '.vhich shall enter aa order admitting the
applicaat to the limited practice of law uader this sectioa.
(2) The practice of an applicant admitted l:lnder this sectioa shall be (i) limited to the period of time the applicaflt
actiYely participates in the program, (ii) limited to the clinical work of the particular col:lrse of srudy in which the
applicant is enrolled or teaching, (iii) free of charge for the sef\ices so rendered, aad (iv) Sl:lbject to the Rl:lles of
Professional Condl:lct and the R-0les for Enforcement of Lavl)'er Conduct.
(3) An applicafl:t adffiitted under this section shall be deemed an acti1e ffieffiber of the Bar Associatioa only for the
purpose ofsef\ing as a supervising lawyer under rule 9, and for no other purpose.
(4) When the applicant ceases actively to participate in the program, the law school deaf! shall immediately notify the
Bar Association and the Clerk of the Sl:lpreme Court so that the applicaat's right to practice may be terminated of
reoord.
(5) The right to practice l:lnder this rule shall tefffiinate three years from the date of admission l:lnder this rule.
(e) !Reserved.) Exeeptien fer Emeritus Pre Bene Membership. A lawyer admitted to the practice of law in a
state or territory of the United States or the District of Columbia, including ',Vashington State, may apply to the Board
of Governors for a limited license to practise law as an emerirus pro bone member in this state when the lavl)'er is
otherwise fully retired from the practice of law. An eR1eritl:ls pro bone member shall provide legal services in
\l/ashington State for a qualified legal sef\ices provider as defined in part (2) below. The lawyer shall apply by (i)
filing an application in the form and manaer that may be prescribed by the Board of Governors; (ii) presenting
satisfactory proof of admission by examination to the practice oflaw and current good standi:Ilg in any state or territory
of the United States or the District of Columbia, pro1ided that if a disciplinary sanction has been imposed upon the
lawyer within 15 years immediately preceding the filing of the application for emerirus status, the Board of Goyernors
shall hare the discretion to accept or reject the application; (iii) presenting satisfactory proofofac ti1e legal experience
as defilled in APR 3(b) for at least 5 of the 10 years iEBmediately preceding the filing of the application for la\'l)'ers
admitteel ifl Washington anel for at least l 0 of the 15 years immediately preceeling the filing of the application for
lawyers oely admitted to practice in jurisdictions other thae Washingtoa; (iv) filing certification from a ql:lalified legal
services proYieier as elefieeel in part (2) below that the applicaet's practice of law will comply with the terms of this
rule; (v) paying such fee as may be set by the Boarel of Governors with approral of the Sl:lpreme Col:lrt; (vi) complying
with training requirements as may be prescribed by the Boarel of Governors; aed (vii) furnishing whate,.er additional
iRformation or proof that may be required in the course of investigating the applicant.
(1) Upon approval of the application by the Board of Governors, the la.vyer shall take the Oath of Attorney, pay the
current year's aooual membership fee in the amount required of inactive members, anel the Board of Governors shall
transn1it its recommendation to the Supreme Court which may enter an order admitting the lawyer to the liffiited
practice of law l:lnder this section. Emerirus pro bone membership shall be for one year subject to annual renewal as
provided by the Board of Governors.
(2) The practice ofa lawyer admitted under this section shall be limited to providing legal sef\ice for no fee through a
ql:lalified legal services provider; or serving as an l:lnpaid governiag or advisory board member or trustee of or
providing legal counsel or service for no fee to a qualified legal services provider. A qualified legal services provider
is a not for profit legal services organization in Washingtoa state whose primary purpose is to provide legal serYices to
low incoffie elieets. The prohibitioa against compensation for emeritus pro boao members shall not preveat a qualified
legal seP1ices provider from reimbursing aa effieritus pro boHo member for acrual expeHses incurred while reHdering
legal services uader this rule. A qualified legal services pro1rider shall be eatitled to receire all court awarded
attorney's fees for aHy represeatatioa rendered by the emerirus pro bone member.
(3) A lav1yer admitted uHder this section shall pay to the Washington State Bar l\ ssocia tiofl afl annual liceese fee ifl the
amouflt required of i:Ilactive members.
622
(4) The practice ofa lawyer admitted Hnder this section shall be Slibject to the Rules of Professional CondHct, tee
Rliles for Enforcement of Lawyer CondHct, and to all other laws and rules governing lavqers admitted to the bar of
th:is state. Jurisdiction snail continHe ""'nether or aot the lawyer retains the limited license and irrespecti'>'e oftne
residence of the lavr1er.
(5) Emerirus pro bone members shall be exempt from co mpliance witn rule 11 concemiRg Contim1ing Legal
Education. However, prior to engagiag in practice as an emerirus pro bone member, the lawyer must complete a
train.i:Rg course or co\irses as approved by the Board of Governors.
(a) An emeritHs pro bone member shall promptly report to the Washington State Bar Association a cha:Rge in
membership statHS in a state or territory of tee United States or District of ColHmbia where the applicant has been
admitted to the practice of law or the cofflJUencemeat of any formal disciplinary proceedi:Rg in any jHrisdiction where
the lawyer has been admitted to the practice of law.
(7) The limited license granted under th:is section shall be aHtomatically termi:Rated when the la.vyer's practice fails to
comply witn part (2) above, the lavryer fails to comply with the terms ofth:is rule, or on suspension or disbarn1ent in a
state or territory of the United States or District of ColHmbia where the applicant has been admitted to the practice of
law. If the lawyer whose limited license is tern1inated was previoHsly admitted to practice in Washington, the lawyer
shall be transferred to inactive membership starus Hpoa termination.
(t) Exception for House Counsel. A lawyer admitted to the practice of law in any jurisdiction may apply to the
BarBoard of Governors for a limited license to practice law as in-house counsel in this state when the lawyer is
employed in Washington as a lawyer exclusively for a profit or not for profit corporation, including its subsidiaries and
affiliates, association, or other business entity, that is not a government entity, and whose lawful business consists of
activities other than the practice of law or the provision of legal services. The lawyer shall apply by:
(i) filing an application in the form and manner that may be prescribed by the BarBoard of Governors;
(ii) presenting satisfactory proof of (I) admission to the practice of law and current good standing in any
jurisdiction and (II) good moral character and fitness to practice;
(iii) filing an affidavit from an officer, director, or general counsel of the applicant's employer in this state
attesting to the fact the applicant is employed as a lawyer for the employer, including its subsidiaries and affiliates, and
the nature of the employment conforms to the requirements of this rule;
(iv) paying the application fees required oflawyer applicants for admission under APR 3; and
( v) furnishing whatever additional information or proof that may be required in the course of investigating the
applicant.
( 1) Upon approval of the application by the BarBoard of Governors, the lawyer shall take the Oath for the Practice
ofLawofAttomey, pay the current year's annual membersh:ip license fee and any mandatory assessments required of
active lawyer members. tThe BarBoard ofGovemors shall transmit its recommendation to the Supreme Court which
may enter an order granting admitting the lawyer a license to engage in the limited practice of law under this section.
(2) The practice of a lawyer licensedadmitted under this section shall be limited to practice exclusively for the
employer, including its subsidiaries and affi liates, furnishing the affidavit required by the rule and shall not include (i)
appearing before a court or tribunal as a person admitted to practice law in this state, and (ii) offering legal services or
advice to the public; or (iii) holding oneself out to be so engaged or authorized.
(3) All business cards and employer letterhead used by a lawyer licensedadmitted under this section shall state
clearly that the lawyer is licensedadmitted to practice in Washington as in-house counsel.
(4) A lawyer licensed admitted under this section shall pay to the \Vashington State Bar Associatioa an annual
license fee in the maximum amount required of active ~members and any mandatorythe La..vyers' fHnd fo r
Client Protection assessments required of active lawyer members of the Bar.
(5) The practice ofa lawyer licensed admitted under this section shall be subject to the Rules of Professional
Conduct, the Rules for Enforcement of Lawyer Conduct, and to all other laws and rules governing lawyers admitted to
the active practice of law in this state. Jurisdiction shall continue whether or not the lawyer retains the limited license
and irrespective of the residence of the lawyer.
(6) The lawyer shall promptly report to the Washington State Bar Association a change in employment, a change
in admission or licensemernbership status in any jurisdiction where the applicant has been admitted to the practice of
law or the comme ncement of any formal disciplinary proceeding in any jurisdiction where the applicant has been
admitted to the practice of law.
(7) The limited license granted under this section shall be automatically tern1inated when employment by the
e mployer furnishing the affidavit required by this rule is terminated, the lawyer has been admitted to the practice of
law pursuant to any other provision of the APR, the lawyer fails to comply with the terms of this rule, the lawyer fails
623
to maintain current good standing in at least one other jurisdiction where the lawyer has been admitted to the practice
of law, or on suspension or disbarment for d iscipline in any jurisdiction where the lawyer has been admitted to the
practice of law. If a lawyer's employment is terminated but the lawyer, within three months from the last day of
employment, is employed by an employer filing the affidavit required by (iii), the license shall be reinstated.
(8) A lawyer admitted in another United Sta tes j urisdiction and authorized to provide legal services under this
Rule may provide legal services in this jurisdiction fo r no fee through a Suggested Araendmeets to Admissioe to
Practice Rules \Vashingtoe State Bar Association qualified legal services provider, as that term is defined in APR_
l&fe1~k If suc h services involve representation before a court or tribunal the lawyer shall seek admissioe permission
under APR 8(b) and any fees for such admission p ennission shall be waived. The prohibition against compensation in
this paragraph shall not prevent a qualified legal services provider from reimbursing a lawyer authorized to practice
under this rule for actual expenses incurred while rendering legal services under this pro bono exception. In addition, a
qualified legal services provider shall be entitled to receive all court awarded attorney's fees for pro bono
representation rendered by the lawyer.
(g) CReserved.JExeeptian far Military Lawyers. / 1 lawyer admitted to the practice of law in a state or territory
of the Ua:ited States or of the District of Columbia, who is a full time active duty military officer servieg iA the office
ofa Staff Judge Advocate of the Ua:ited States Army, Air Force, Navy, Mariees, or Coast G!iard, a Na1al Legal
Service Office or a Trial Service Office, located iR the State of Washi-Rgtoe, may, upon application and appro.,al,
appear as a lawyer and practice law before the colirts of this state iR aay matter, litigatioa, or admiaistrati1e
proceediag, subject to tlle followiag conditioas and limitations set forth in this rule. The applicant must be of good
moral character and shall apply by (i) filing an app lication ie the form aad manner that may be prescribed by the Board
of Go1emors; (ii) presentieg satisfactory proof of admission by examieation to tlle practice of law aad current good
standiAg as a member of the bar in aay state or territory of the United States or the Diskict of Collimbia; (iii)
complying with training requiremeats as set fortll belo\;'; aad (iv) fumishieg whatever additioaal iAformatioa or proof
that may be required ia the course ofprocessiag the applicatioa.
(1) To qualify for admission to practice under this rule, an applicant must, prior to admission, complete at least 15
credit hours of approved continuing legal education oe Washington practice, procedure, and professional
responsibility.
(2) Military lawyers admitted to practice pursuant to this rule are not, and shall not represent themselves to be
members of the WaslriHgton State Bar Association.
(3) The applicant's right to practice under this rule: (i) may be termiflated by the Supreme Court at aey time with or
without cause, or (ii) shall be terminated when tlle military lawyer ends active duty military service iR this state. The
lawyer admitted under this rule and his or her supenisory Staff Judge Advocate or his or her Commandieg Officer are
responsible to advise the Washiegton State Bar Associatioe of any chaege ie status of the lawyer that may affect his or
her right to practice law under tlris rule.
(4) Military lawyers admitted pursuant to tlle rule may represent active duty military persofl:Rel iA ealisted grades E 1
through E 4 and their depeedeets iR eoecriminal matters to the exteet such representation is permitted by the
supervisory Staff Judge Advocate or Commanding Officer, ~laYal Legal Service Office or CommandiAg Officer, Trial
Service Office. Other active duty military personnel and their dependents may be represented if approved by the
Senice Judge Advocate General or his or her designee.
(5) Military lavryers admitted pursuant to this section may not demand or receive any compensation from clients in
(6) T he practice ofa lawyer admitted under this section shall be subject to the R-0les of Professional Conduct, the
Rules for Enforcement of Lawyer Condlict, the Admission to Practice Rules, and to all other lavt'S and rules governing
lawyers admitted to the bar of this state. farisdiction shall continue whether or not tlle lawyer retair,s the right to
practice in Washington and irrespective of the residence of the lawyer.
RULE 9. LICENSED LEGAL INTERNS

(a) P urpose. Supervised professional practice plays an important role in the development of competent lawyers
and expands the capacity of the B ar to provide qua lity legal services while protecting the interests of clients and the
justice system. This rule authorizes supervised professional practice by qualified law students, enrolled law c lerks, and
recent graduates of approved law schools when they are licensed pursuant to this rule to e ngage in the limited practice
of law as " Licensed Legal Interns". T he license granted pursuant to this rule is a limited license, based in part on
recognition of the role practice experience plays in developing the competence of aspiring lawyers and in part on the
Redline Admission and Prac tice Rules (APR) September 201 6 P age 13
624
fact that the Licensed Legal Intern will be supervised by an experienced lawyer. Persons granted such a limited license
and their supervis ing lawyers must comply w ith the obligations and limitations set forth in these rules.
(b) Eligibility. To be el igible to apply to be a Licensed Legal Intern, an applicant must have arranged to be
supervised by a qualifying lawyer and:
(1) Be a student duly enrolled and in good academic standing at an approved law school who has:
(A) successfully completed not less than two-thirds of a prescribed 3-year course of study or five-eighths of a
prescribed 4-year course of study, and
(B) obtained the written approval of the law school's dean or a person designated by such dean and a
certification by the dean or designee that the applicant has met the educational requirements; or
(2) Be an enrolled law clerk who:
(A) is certified by~ Bar staff to be in compliance with the provisions of APR 6 and to have s uccessfully
completed not less than five-eighths of the prescribed 4-year course of study,~ and
(B) has the written approval of the primary tutor; or
(3) Be a graduate of an approved law school who has not been admitted to the practice of law in any state or
territory of the United States or the Distric t of Columbia, provided that the application is made within nine months of
graduation.
(c) Qualifications to Be a Supervising Lawyer. Except in the sections regarding the application for issuance of
a limited license pursuant to this rule, references in this rule to "supervising lawyer" include both the supervising
lawyer named in the application materials and o n the Licensed Legal Intern identification card, and any o ther lawyer
fro m the supervising lawyer's office who meets the qualifications of a supervising lawyer a nd who performs the duties
of a supervising lawyer. A supervising lawyer must be either.
(1) a lav;yer elirreRtly lieeRsed pmsliaRt to APR 8(d) ExeeptioR for EdlieatioRal Plirposes; or
~an active ~member in good standing of the WashingtoR State Bar Assoeiation, who has been actively
engaged in the practic e of law in the State of Washington or in any state or territory of the United States or the District
of Columbia for at least the ,'.;three years immediately preceding the date of the application, who has not been disbarred
or subject to a disciplinary suspension in any jurisdiction within the previous 10 years and does not have a disciplinary
proceeding pending or imminent, and who has not received a disciplinary sanction of any kind within the previous
three years.
(d) Application!, The applicant must submit an application on a form provided by the Bar AssoeiatioR and signed
by both the applicant and the supervisingt lawyer.
(1) The applicant and the supervising lawyer must fully and accurately complete the application, and they have a
continuing duty to correct and update the information on the application while it is pending and during the term of the
limited license. Every applicant and supervising lawyer must cooperate in good faith with any investigatio n by
promptly furnishing written or oral explanations, documents, releases, authorizations, or other information reasonably
required by the Board of Governors or Bar AssoeiatioR staff, or Bar Colinsel. Failure to cooperate fully or to appear as
directed o r to furnish additional informatio n as required shall be sufficient reason fo r the Bar-Bear! to recommend
denial or termination of the license.
(2) T he application must include:
(A) all requested information about the applicant and the Supervising Lawyer;
(B) the required certificatio n from the law school (or confirmation fro m the Bar Assoeiation, for APR 6 Law
Clerks) that the applicant has the required educational qualifications; and
(C) certifications in writing under oath by the applicant and the supervising lawyer(s) that they have read, are
familiar with, and will abide by this rule and the Rules of Professional Conduct.
(3) Full payment of any required fees must be submitted with the application. The fees shall be set by the Board of
Governors subject to review by the Supreme Court.
( 4) Bar 1\.ssoeiatioR staff shall review all applications to determine whether the applicant and the s upervising
lawyer have the necessary qualifications, and whethe r the applicant possesses the requisite good moral c haracter and
fitness to engage in the limite d practice of law provided for in this rule. Bar Assoeiation staff may investigate any
information contained in or issues raised by the application that re flect on the fac tors contained in APR 2 1-24, and any
applicatio n that reflects one or more of the factors set forth in APR 21~ shall be referred to Bar Counsel for
review.
(5) B ar Counsel may conduct such further investigation as appears necessary, and may refer to the C haracter and
Fitness Board fo r hearing any app licant about whom there is a substantial question whether the applicant possesses the
requisite good moral character and fitness to practice law as de fined in APR 20. Such hearing shall be conducted as
provided in APR 20-24,1. Bar Counsel may require any disclosures and conditions of the applicant and s upervising
R edline Admissio n and Practice Rules (APR) September 20 16 Page 14
625
lawyer that appear reasonably necessary to safeguard against unethical conduct by the applicant during the term of the
limited license. No decision regarding the good moral c haracter and fitness to prac tice of an applicant made in
connection with an application for licensing pursuant to this rule is binding on the Bar Association or Character and
Fitness Board at the time an applicant applies for admission to practice law and membership in the WSM.Bar, and
such issues may be reinvestigated and reconsidered by Bar Association staff Bar Counsel, and the Character and
Fitness Board.
(6) The Supreme Court shall issue or refuse the issuance of a limited license for a Licensed Legal Intern. The
Supreme Court's decision shall be forwarded to the Bar Association, which shall inform the app licant of the decision.
(7) Upon Supreme Court approval of an applicant, the Bar Association shall send to the applicant, in care of the
supervising lawyer's mailing address on record with the Bar Association, a letter confirn1ing approval by the Supreme
Court and a Licensed Legal Intern identification card. An app licant must not perform the duties of a Licensed Legal
Intern before receiving the confirming letter and identification card.
(8) Once an application is accepted and approved and a license is issued, a Licensed Legal Intern is subject to the
Rules of Professional Conduct and the Rules for Enforcement of Lawyer Conduct and to all other laws and rules
governing lawyers admitted to the Bar of this state, and is personally responsible for all services performed as a
Licensed Legal Intern. Any offense that would subject a lawyer admitted to practice law in this state to suspension or
disbarment may be punished by termination of the Licensed Legal Intern's license, or suspension or forfeiture of the
Licensed Legal Intern's privilege of taking the ~bar examination and being licensed admitted to practice law in
this state.
(9) A Licensed Legal Intern may have up to two supervising attorneys in different offices at one time. A Licensed
Legal Intern may submit an application for approval to add a supervising attorney in another office or to change
supervising attorneys any time within the term of the limited license. When a Licensed Legal Intern applies to add a
supervising attorney in another office, the Intern must notify both the current supervising attorney and the proposed
new supervising attorney in writing about the application, and both the current and the new supervising attorney must
approve the addition and certify that such concurrent supervision will not create a conflict of interest for the Licensed.
Legal Intern. The qualifications of the new supervising attorney will be reviewed by Bar Association staff who may
approve or deny the supervisor. The Licensed Legal Intern will be notified of approval or denial of the new
supervising attorney as described above and must not perform the duties of a licensed legal intern before receiving a
new confirming letter containing notification of approval and a new identification card.
(e) Scope of Practice, Prohibitions and Limitations. In addition to generally being permitted to perform any
duties that do not constitute the practice of law as defined in General Rule 24, a Licensed Legal Intern shall be
authorized to engage in the limited practice of law only as authorized by the provisions of this rule.
(1) A Licensed Legal Intern may engage in the following activities without the presence of the supervising
attorney:
(A) Advise or negotiate on behalf of a person referred to the Licensed Legal Intern by the supervising lawyer;
(B) Prepare correspondence containing lega l advice to clients or negotiating on behalf of clients, pleadings,
motions, briefs or other documents. All such correspondence, pleadings, motions, and briefs must be reviewed and
signed by the supervising attorney, as well as any other documents requiring the signature of a lawyer. On any
correspondence or legal document signed by the Licensed Legal Intern, the Licensed Legal Intern's signature shall be
followed by the title "Licensed Legal Intern" and the Licensed Legal Intern's identification number;
(C) Present to the court ex parte and agreed orders signed by the supervising lawyer, except as otherwise
provided in these rules;
(D) After a reasonable period of in-court supervision or supervision while prac ticing before an administrative
agency, which shall include participating with the supervising lawyer in at least one proceeding of the type involved
before the same tribunal and being observed by the supervising lawyer while handling one additional proceeding of
the same type before the same tribunal:
(i) Represent the State or the respondent in juvenile court in misdemeanor and gross misdemeanor cases;
(ii) Try hearings, non-jury trials, or jury trials, in courts of limited jurisdiction;
(iii) Represent a client in any administrative adjudicative proceeding for which non-lawyer representation is
not otherwise permitted.
(2) ln any proceeding in which a Licensed Legal Intern appears before the court, the Licensed Legal Intern must
advise the court of the lntern's status and the na me of the Intern's supervising lawyer.
(3) A Licensed Legal Intern may participate in Superior Court and Court of Appeals proceedings, including
depositions, only in the presence of the supervising lawyer or another lawyer from the same office.
626
(4) A Licensed Legal Intern must not receive payment directly from a client for the lntern's services. A Licensed
Legal Intern may be paid for services by the lntern's employer, and the employer may charge fo r the services provided
by the Licensed Legal Intern as may be appropriate.
(5) A Licensed Legal Intern must not try any motion or case or negotiate for or on behalf of any client unless the
client is notified in advance of the status as a Licensed Legal Inte rn and of the identity and contact information of the
Licensed Legal Intern's supervising lawyer.
(6) A Licensed Legal Intern must not perfo rm any of the actions permitted by this rule on behalf of or under the
supervision of any lawyer other than the supervising lawyer or another lawyer employed in the same office who is
qualified for such supervision under this rule.
(7) For purposes of the attorney-client privilege, a Licensed Legal Intern shall be considered a subordinate of the
lawyer providing supervision for the Intern.
(f) Additional Obligations of Super vising Lawyer. Agreeing to serve as the supervising lawyer for a Licensed
Legal Intern imposes certain additional obligations on the supervising lawyer. The failure of a supervising lawyer to
comply with the duties set forth in this rule shall be grounds for disciplinary action pursuant to the Rules for
Enforcement of Lawyer Conduct. In addition to the duties stated or implied above, the supervising lawyer:
(1) must provide training to all Licensed Legal Interns supervised by the supervising lawyer, regarding the Rules
of Professional Conduct and how they rela te to the limited practice of the Licensed Legal Intern, Such training may be
waived if the supervising lawyer otherwise determines that the Licensed Legal Intern has previously received such
training an d the supervising lawyer deems such training sufficient for the limited practice that will be supervised;
(2) must direct, supervise and review all of the work of the Licensed Legal Intern and shall assume personal
professional responsibility for any work undertaken by the Licensed Legal Intern while under the lawyer's
supervision;
(3) must e nsure that all clients to be represented by the Licensed Legal Intern are informed of the intern's status as
a Licensed Legal Intern in advance of the representation;
(4) must revie w and sign all correspondence providing legal advice to clients and all pleadings, motions, briefs,
and other documents prepared by the Licensed Legal Intern and e nsure that they comply with the requirements of this
rule, and must sign the document if it is prepared for presentation to a court;
(5) must take reasonable steps to ensure that the Licensed Legal Intern is adequately prepared and knowledgeable
enough to be able to handle any assigned matters perfo rmed outside the supervising lawyer's presence, but need not be
present in the room while the Licensed Legal Intern is performing such duties unless such presence is specifically
required by this rule;
(6) must supervise no more than
(a) one Licensed Legal Intern at any one time ifthe supervising lawyer is in private p ractice not otherwise
described below;
(b) four Licensed Legal Interns at any one time if the supervising lawyer is employed by a recognized
institution of legal aid, legal assistance, public defense or similar programs furnishing legal assistance to indigents, or
by the legal departments of a state, county or municipality; or
(c) 10 Licensed Legal Interns at any one time if the supervising lawyer is a full-time clinical supervising
lawyer or a member of the faculty of an approved law school for a clinical course offered by the law school where such
course has been approved by its dean and is directed by a member o f its faculty and is conducted within institutions or
legal departments described in the section above or within the law school, provided that a supervising lawyer a ttends
all adversarial proceedings conducted by the legal interns;
(7) must meet with any Licensed Legal Intern he/she is supervising, in person or by telephone, a minimum of one
time per week, to review cases being handled and to provide feedback on performance, additional guidance and
instruction, and to answer questions or issues raised by the Licensed Legal Intern;
(8) must info rm the Bar AssociatioH staff promptly if circumstances arise that cause the supervising lawyer to
have concern about the good moral character or fitness to practice of a Licensed Legal Intern supervised by that
lawyer, and cooperate in any investigation that may follow such a report;
(9) may terminate supervision of a Licensed Legal Intern under this rule at any time, with or without good cause,
and must promptly notify the Bar AssociatioH staff of the effective date of the termination and the reasons for the
termination;
( 10) may be terminated as a supervising lawyer at the d iscretion of the BarB oard of Governors, and when so
terminated, must take steps to ensure that any Licensed Legal Intern previously supervised by the supervising lawyer
ceases to perform duties or ho ld him/herself out as though supervised by the supervising lawyer.
(g) Additional O b ligations and Limi tations. The following additional general obligations and limitations apply:
627
(I) A judge or administrative hearing officer may exclude a Licensed Legal Intern from active participation in a
case in the interest of orderly administration of justice or for the protection of a litigant or witness. In such case, a
continuance shall be granted to secure the attendance of the supervising lawyer, who must assume personal
responsib ility for that matter.
(2) A Licensed Legal Intern or the supervising lawyer must notify the Bar Assoeiatioa staff promptly if the
supervising lawyer named on a Licensed Legal Intem's identification card terminates supervision of the Licensed
Legal Intern, and such Licensed Legal Intern is prohibited from performing any of the actions described in these rules
unless and until a change of supervising lawyer has been approved and a new identification card issued.
(h) Term of Limited License. A limited license issued pursuant to this rule shall be valid, unless it is revoked or
supervision is terminated, for a period of not more than 30 consecutive months, and in no case will it be valid if it has
been more than 18 months since the Licensed Legal Intern graduated from law school or completed the APR 6 Law
Clerk program.
(1) The approval given to a law student by the law school dean or the dean's designee or to a law clerk by the tutor
may be withdrawn at any time by mailing notice to that effect to the Bar A.ssoeiatioe, and must be withdrawn if the
student ceases to be duly enrolled as a student prior to graduation, takes a leave of absence from the law school or from
the clinical program for which the limited license was issued, or ceases to be in good academic standing, or if the APR
6 law clerk ceases to comply with APR 6. When the approval is withdrawn, the Licensed Legal Intem's license must be
terminated promptly.
(2) A limited license is granted at the sufferance of the Supreme Court and may be revoked at any time upon the
court's own motion, or upon the motion of the BarBoard of Governors, in either case with or without cause.
(3) A Licensed Legal Intern must immediately cease performing any services under this rule and must cease
holding himself or herself out as a Licensed Legal Intern upon:
(A) the termination for any reason of the Intem's limited license under this rule;
(B) the termination of the supervision fo r any reason or the upon the resignation of the Intern's supervising
lawyer;
(C) the suspension or tennination by the BarBoard ofGoYemors of the supervising lawyer's status as a
supervising lawyer;
(D) the withdrawal of approval of the Intern pursuant to this rule, or
(E) the failure of the supervising lawyer to maintain qualification to be a supervising lawyer under the terms
of this rule.
RULE 10. [RESERVED]
RULE 11. MANDATORY CONTINUING LEGAL EDUCATION (MCLE)

(a) Purpose. Mandatory continuing legal education ("MCLE") is intended to enhance lawyers', LLLTs' and
LPOs' legal services to their clients and protect the public by assisting lawyers, LLLTs and LPOs in maintaining and
developing their competence as defined in RPC 1. 1 or equivalent rule for LLLTs and LPOs, fitness to practice as
defined in APR ~20, and character as defined in APR 20i.l-. These rules set forth the minimum continuing legal
education requirements for lawyers. LLLTs and LPOs to accomplish this purpose.
(b) Definitions. For the purposes of this rule, the following definitions shall apply:
(1) "Activity" means any method by which a lawyer, LLLT or LPO may earn MCLE credits.
(2) "Assoeiatioa" meaas the Washingtoa State Bar Associatioa.
{J.f) "Attending" means participating in an approved activity or course.
(4}) "Calendar year" means a time period beginning January 1 and ending December 31.
(~) "Identical activity" means any prior course or other activity that has not undergone any substantial or
substantive changes since last offered, provided or undertaken.
(62) "Lawyer, LLLT or LPO" means an active member lawver, LLLT or LPO of the Associatioa Bar, a judicial
member of the Association Bar classified as an administrative law judge, and any other lawyer licensed or authorized
admitted to the limited practice ef-law in Washington who is required by the Admission and Practice Rules (APR) to
comply with this rule.
(+) "Reporting period" means a three-year time period as assigned by the Associatioe Bar in which a lawyer.._
LLLT or LPO must meet the education requirements of this rule.
(Sl) "Sponsor" means a provider of continuing legal education activities.
(c) Education Requirements.
628
(1) Minimum Requirement. Each lawyer must complete 45 credits and each LLLT and LPO must complete 30
credits of approved continuing legal education by December 31 of the last year of the reporting period with the
(i) at least 15 credits must be from attending approved courses in the subject oflaw and legal procedure, as
defined in section (f)(l); and
(ii) at least six credits must be in ethics and professional responsibility, as defined in section (f)(2).
(2) Earning Credits. A lawyer, LLLT or LPO earns one credit for each 60 minutes of attending an approved
activity. Credits are rounded to the nearest quarter hour. A lawyer, LLLT or LPO may earn no more than eight credits
per calendar day. A lawyer, LLLT or LPO cannot receive credit more than once for an identical activity within the
same reporting period.
(3) New Lawyers, LLLTs and LPOs. Newly admitted lawyers, LLLTs and LPOs are exempt for the calendar year
of admission.
(4) Militmy Personnel. Military personnel in the United States Armed Forces may be granted an exemption,
waiver or modification upon proof of undue hardship, which includes deployment outside the United States. A
petition shall be filed in accordance with subsection (i)(5) of these rules.
(5) Exemptions, The following are exempt from the requirements of this rule for the reporting period(s) during
which the exemption applies:
(i) Judicial Exemption. Judicial members of the Association. Bar, except for administrative law judges;
(ii) Supreme Court Clerks. The Washington State Supreme Court clerk and assistant clerk(s) who are
prohibited by court rule from practicing law;
(iii) Legislative Exemption. Members of the Washington State Congressional Delegation or the Washington
State Legislature; and
(iv) Gubernatorial Exemption. The Governor of Washington state.
(6) Comity. The education requirements in Oregon, Idaho and Utah substantially meet Washington's education
requirements for lawyers. These states are designated as comity states. A lawyer may certify compliance with these
rules in lieu of meeting the education requirement by paying a comity fee and filing a Comity Certificate ofMCLE
Compliance from a comity state certifying to the lawyer's subjection to and compliance with that state's MCLE
requirements during the lawyer's most recent reporting period.
(7) Carryover Credits. If a memberlawyer, LLLT or LPO completes more than the required number of credits for
any one reporting period, up to 15 of the excess credits, two of which may be ethics and professional responsibility
credits, may be carried forward to the next reporting period.
(d} MCLE Board
( l) Establishment. There is hereby established an MCLE Board consisting of seven members, six of whom must
be active lawyers, LLLTs or LPOs members of the Bar Association. and one who is not licensed to practice lawnet-a--
member of the Association.. The Supreme Court shall designate one board member to serve as chair of the MCLE
Board. The members of the MCLE Board shall be appointed by the Supreme Court. Appointments shall be staggered
for a 3-year term. No member may serve more than two consecutive tern1s. Terms shall end on September 30 of the
applicable year.
(2) Powers and Duties.
(i) Rules and Regulations. The MCLE Board shall review and suggest amendments or make regulations to
APR 11 as necessary to fulfill the purpose ofMCLE and for the timely and efficient administration of these rules and
for clarification of education requirements, approved activities and approved course subjects. Suggested amendments
are subject to review by the Association.'s Board of Governors and approval by the Supreme Court.
(ii) Policies. The MCLE Board may adopt policies to provide guidance in the administration of APR 11 and
the associated regulations. The MCLE Board will notify the Board of Governors and the Supreme Court of any
policies that it adopts. Such policies will become effective 60 days after promulgation by the MCLE Board.
(iii) Approve Activities. The MCLE Board shall approve and determine the number of credits earned for all
courses and activities satisfying the requirements of these rules. The MCLE Board shall delegate this power to the
Association. Bar subject to MCLE Board review and approval.
(iv) Review. The MCLE Board shall review any determinations or decisions regarding approval of activities
made by the Association. Bar under these rules that adversely affect any lawyer, LLLT or LPO or sponsor upon request
of the lawyer, LLLT or LPO, sponsor or Association. Bar. The MCLE Board may take appropriate action consistent
with these rules after any such review and shall notify the lawyer, LLLT or LPO or sponsor in writing of the action
taken. The MCLE Board's decision shall be final.
629
(v) Fees. The MCLE Board shall detern1ine and adjust fees for the failure to comply with these rules and to
defray the reasonably necessary costs of administering these rules. Fees shall be approved by the Assoeiation's Board
of Governors.
(vi) Waive and Modify Compliance. The MCLE Board shall waive or modify a lawyer's, LLLT's or LPO's
compliance with the education or reporting requirements of these rules upon a showing of undue hardship filed in
accordance with these rules. The MCLE Board may delegate this power to the Assoeiation Bar subject to (l)
parameters and standards established by the MCLE Board, and, (2) review by the MCLE Board.
(vii) Approve Mentoring Programs. The MCLE Board shall approve mentoring programs that meet
requirements and standards established by the MCLE Board for the purposes of awarding MCLE credit under these
rules.
(viii) Audits for Standards Verification. The MCLE Board may audit approved courses to ensure compliance
with the standards set forth in these rules.
(3) Expenses and Administration. Members of the MCLE Board shall not be compensated for their services but
shall be reimbursed for actual and necessary expenses incurred in the performance of their duties according to the
Assoeiation Bar's expense policies. All expenses ine1:1rred and fees eolleeted shall be s1:1bmitted on a b1:1dget approved
by the A-ssoeiation's Board of Governors. The Assoeiation Bar shall provide administrative support to the MCLE
Board.
(e) Approved Activities. A lawyer, LLLT or LPO may earn MCLE credit by attending, teaching, presenting
or participating in activities approved by the Assoeiation Bar. Only the following types of activities may be approved:
(1) Attending, teaching, presenting or participating in or at a course, provided that any pre-recorded audio/visual
course is less than five years old;
(2) Preparation time for a teacher, presenter or panelist of an approved activity at the rate of up to five credits per
hour of presentation time, provided that the presentation time is at least 30 minutes in duration;
(3) Attending law school courses with proof of registration or attendance;
(4) Attending bar review courses for jurisdictions other than Washington with proof of registration or attendance;
(5) Writing for the purpose of lawyer. LLLT or LPO education, when the writing has been published by a
recognized publisher oflegal works as a book, law review or scholarly journal article of at least 10 pages, will earn one
credit for every 60 minutes devoted to legal research and writing;
(6) Teaching law school courses, when the instructor is not a full-time law school professor;
(7) Providing pro bono legal services provided the legal services are rendered through a qualified legal services
provider as defined in APR l&{e);
(8) Participating in a structured mentoring program approved by the MCLE Board provided the mentoring is free
to the mentee and the mentor is an active member of the Association Bar in good standing and has been admitted to the
practice of law in Washington for at least five years. The MCLE Board shall develop standards for approving
mentoring programs; and
(9) Judging or preparing law school students for law school recognized competitions, mock trials or moot court.
The sponsoring law school must comply with all sponsor requirements under this rule.
(f) Approved Course Subjects. Only the fo llowing subjects for courses will be approved:
(1) Law and legal procedure, defined as legal education relating to substantive law, legal procedure, process,
research, writing, analysis, or related skills and techno logy;
(2) Ethics and professional responsibility, defined as topics relating to the general subj ect of professional
responsibility and conduct standards for lawyers, LLLTs, LPOs, and judges, including diversity and anti-bias with
respect to the practice of law or the legal system, and the risks to ethical practice associated with diagnosable mental
health conditions, addictive behavior, and stress;
(3) Professional development, defined as subjects that enhance or develop a lawyer's, LLLT's or LPO's
professional skills including effective lawyering, leadership, career development, communication, and presentation
skills;
(4) Personal development and mental health, defined as subjects that enhance a lawyer's, LLLT's or LPO's
personal skills, well-being and awareness of mental health issues. This includes, stress management, and courses
about, but not treatment for, anxiety, depression, substance abuse, suicide and addictive behaviors;
(5) Office management, defined as subjects that enhance the quality of service to clients and efficiency of
operating an office, including case management, time management, business planning, financial management, office
technology, practice development and marketing, client relations, employee relations, and responsibilities when
opening or closing an office;
630
(6) Improving the legal system, defined as subj ects that educate and inform lawyers, LLLTs or LPOs about
current developments and changes in the practice of law and legal profession in general, including legal education,
global perspectives of the law, courts and other dispute reso lution systems, regulation of the practice of law, access to
justice, and pro bono and low cost service planning; and
(7) Nexus subject, defined as a subject matter that does not deal directly with the practice o f law but that is
demonstrated by the lawyer, LLLT or LPO or sponsor to be related to a lawyer's, LLLT's or LPO's professional role
as a lawyer, LLLT or LPO.
(g) Applying for Approval of an Activity. In order for an activity to be approved for MCLE credit, the
sponsor or lawyer, LLLT or LPO must app ly fo r approval as follows.
(1) Sponsor. A sponsor must apply for approval of an activity by submitting to the Association Bar an application
fee and an application in a form and manner as prescribed by the Association Bar by no later than 15 days prior to the
start or availability of the activity.
(i) Late fee. A late fee will be assessed for failure to apply by the deadline. The Association Bar may waive
the late fee for good cause shown.
(ii) Repeating Identical Course. A sponsor is not required to pay an application fee for offering an identical
course if the original course was approved and the identical course is offered less than 12 months after the original
course.
(iii) Waiver ofApplication Fee. The Association Bar shall waive the app lication fee for a course ifthe course
is offered for free by a government agency or nonprofit organization. This provision does not waive any late fee.
(2) Lawyer. LLLT or LPO. A lawyer. LLLT or LPO may apply for approval of an activity not already approved
or submitted for approval by a sponsor by submitting to the AssociationBar an application in a form and manner as
prescribed by the Associatioe Bar. No application fee is required.
(h) Standards for Approval. Application of the standards for approval, including determination of approved
subject areas and approved activities in subsections (e) and (f) of this rule, shall be liberally construed to serve the
purpose of these rules. To be approved for MCLE credit, all courses, and other activities to the extent the criteria
apply, must meet all of the following criteria unless waived by the Association Bar for good cause shown:
(1) A course must have significant intellectual or practical content designed to maintain or improve a lawyer's.._
LLLT's or LPO' s professional knowledge or skills, competence, character, or fitness;
(2) Presenters must be qualified by practical or academic experience or expertise in the subjects presented and not
disbarred from the practice of law in any jurisdiction;
(3) Written materials in either electronic or hardcopy format must be distributed to all lawyers, LLLTs and LPOs
before or at the time the course is presented. Written materials must be timely and must cover those matters that one
would expect for a professional treatment of the subj ect. Any marketing materials must be separate from the written
subj ect matter materials;
(4) The physical setting must be suitable to the course and free from unscheduled interruption;
(5) A course must be at least 30 minutes in duration;
(6) A course must be open to audit by the Association Bar or the MCLE Board at no charge except in cases of
government-sponsored closed seminars where the reason is approved by the Association Bar;
(7) Presenters, teachers, panelists, etc. are prohibited from engaging in marketing during the presentation of the
course;
(8) A course must not focus directly on a pending legal case, action or matter currently being handled by the
sponsor ifthe sponsor is a lawyer, LLLT, LPO, private law firm, corporate legal department, legal services provider or
govenunentagency; and
(9) A course cannot have attendance restrictions based on race, color, national origin, marital status, religion,
c reed, gender, age, disability or sexual orientation.
(i) Lawyer, LLLT or LPO Reporting Requirements.
(1 ) Certify Compliance. By February 1 of the year following the end ofa lawyer's, LLLT's or LPO's reporting
period, a lawyer, LLLT or LPO must certify compliance, including compliance by comity certification, with the
education requirements for that reporting period in a manner prescribed by the Association Bar.
(2) Notice. Not later than July 1 every year, the Association Bar shall notify all lawyers. LLLTs and LPOs who
are in the reporting period ending December 3 1 of that year, that they are due to certify compliance.
(3) Delinquency. A lawyer, LLLT or LPO who does not certify compliance by the certification deadline or by the
deadline set forth in any petition decision granting an extension may be ordered suspended from the practice of law as
set forth in APR 17.
Redl ine Admission and Practice Rules (APR) September 20 16 Page 20
631
(4) Lawyer, LLLT or LPO Late Fee. A lawyer, LLLTor LPO will be assessed a late fee fo r either (i) or (ii) below
but not both.
(i) Education Requirements Late Fee. A lawyer, LLLT or LPO will be assessed a late fee fo r failure to meet
the minimum education requirements of this rule by December 3 1. Payment of the late fee is due by February 1, or by
the date set forth in any decision or order extending time for compliance, or by the deadline for compliance set forth in
an APR 17 pre-suspension notice.
(ii) Certification and Comity Late Fee. A lawyer, LLLT or LPO will be assessed a late fee fo r failure to meet
the certification requirements or comity requirements by February 1. Payment of the late fee is due by the date set
forth in any decision or order extending time for compliance or by the deadline for compliance set fo rth in an APR 17
pre-suspension notice.
(iii) Failure to Pay Late Fee. A lawyer, LLLT or LPO who fails to pay the MCLE late fee by the deadline for
compliance set forth in an APR 17 pre-suspension notice may be ordered suspended from the practice of law as set
forth in APR 17.
(5) Petition for Extension, Modification or Waiver. A lawyer, LLLT or LPO may file with the MCLE Board an
undue hardship petition for an extension, waiver and/or modification of the MCLE requirements for that reporting
period. In consideration of the petition, the MCLE Board shall consider factors of undue hardship, such as serious
illness, extreme financial hardship, disability, or military service, that affect the lawyer's, LLLT's or LPO 's ability to
meet the education or reporting requirements. The petition shall be filed at any time in a form and manner as
prescribed by the Association Bar but a petition filed later than 30 days after the date of the APR 17 pre-suspension
notice will not stay suspension for the reasons in the APR 17 pre-suspension notice.
(6) Decision on Petition. The MCLE Board shall as soon as reasonably practical notify the lawyer, LLLT or LPO
of the decision on a petition. A lawyer, LLLT or LPO may request review of the decision by filing, within 10 days of
notice of the decision, a request for a hearing before the MCLE Board.
(7) Hearing on Petition. Upon the timely filing of a request for hearing, the MCLE Board shall hold a hearing
upon the petition.
(i) The MCLE Board shall give the lawyer, LLLT or LPO at least 10 days written notice of the time and place
of the hearing.
(ii) Testimony taken at the hearing shall be under oath and recorded.
(iii) The MCLE Board shall issue written findings of fact and an order consistent with these rules as it deems
appropriate. The MCLE Board shall provide the lawyer, LLLT or LPO with a copy of the findings and order.
(iv) The MCLE Board's order is final unless within 10 days from the date thereof the lawyer, LLLT or LPO
files a written notice of appeal with the Supreme Court and serves a copy on the Association Bar. The lawyer, LLLT
or LPO shall pay to the Clerk of the Supreme Court any required filing fees.
(8) Review by the Supreme Court. Within 15 days of filing a notice with the Supreme Court for review of the
MCLE Board's findings and order, after such a non-compliance petition hearing, the lawyer, LLLT or LPO shall cause
the record or a narrative report in compliance with RAP 9.3 to be transcribed and filed with the Bar 1\ssociation.
(i) The MCLE Board chairperson shall certify that any such record or narrative report of proceedings
contains a fair and accurate report of the occurrences in and evidence introduced in the cause.
(ii) The MCLE Board shall prepare a transcript of all orders, findings, and other documents pertinent to the
proceeding before the MCLE Board, which must be certified by the MCLE Board chairperson.
(iii) The MCLE Board shall then file promptly with the Clerk of the Supreme Court the record or narrative
report of proceedings and the transcripts pertinent to the proceedings before the MCLE Board.
(iv) The matter shall be considered by the Supreme Court pursuant to procedures established by order of the
Court, which may in the Court's discretion consist of consideration solely on the basis of the record presented to the
MCLEBoard.
(v) The times set forth in this rule for filing notices of appeal are jurisdictional. The Supreme Court, as to
appeals pending before it, may, for good cause shown ( l) extend the time for the filing or certification of said record or
narrative report of proceedings and transcripts; or (2) dismiss the appeal for failure to prosecute the same diligently.
(9) Compliance Audits. The Association Bar may audit an individual lawyer's, LLLT's or LPO's compliance
certification to substantiate participation in the activities listed in the certification. The Association Bar may request
records from a lawyer, LLLT or LPO or sponsor for the purpose of conducting the audit and the lawyer, LLLT or LPO
must comply with all such requests. Where fac ts exist that indicate a lawyer, LLLT or LPO may not have participated
in the activities certified to, the lawyer, LLLT or LPO, may be referred to the Association Bar's Office of Disciplinary
Counsel and/or credit for the activities may be rescinded.
632
(j)Sponsor Duties. All sponsors must comply with the following duties unless waived by the Association Bar for
good cause shown:
(l) The sponsor must not advertise course credit until the course is approved by the Association Bar but may
advertise that the course credits are pending approval by the Association Bar after an application has been submitted.
The sponsor shall communicate to the lawyer the number of credits and denominate whether the credits are " law and
legal procedure" as defined under section (t)(l ), "ethics and professional responsibility" as defined under section
(t)(2), or "other," meaning any of the other subjects identified in sections (t)(3)-(7).
(2) The sponsor must provide each participant with an evaluation form to complete. The forms or the information
from the forms must be retained for two years and provided to the AssociationBar upon request.
(3) The sponsor must submit an attendance report in a fonn and manner as prescribed by the Association Bar and
pay the required reporting fee no later than 30 days after the conclusion of the course. A late fee will be assessed for
failure to report attendance by the deadline.
(i) Waiver ofReporting Fee. The Association Bar shall waive the reporting fee for a course if the course is
offered for free by a government agency or nonprofit organization. This provision does not waive any late fee.
(4) The sponsor must retain course materials for four years from the date of the course. Upon request of the
Association Bar, a sponsor must submit for review any written, electronic or presentation materials including copies of
audio/visual courses.
(5) The sponsor must keep accurate attendance records and retain them for six years. The sponsor must provide
copies to the Association Bar upon request.
(6) The sponsor shall not state or imply that the Association Bar or the MCLE Board approves or endorses any
person, law firm or company providing goods or services to lawyers, LLLTs, LPOs or law firms.
(7) Accredited Sponsors. The Association Bar may approve and accredit sponsoring organizations as "accredited
sponsors" subject to procedures and fees established by the Association Bar. Accredited sponsors have the same
duties as sponsors but have the additional responsibility of approving their own courses and determining appropriate
MCLE credit in accordance with this rule. Accredited sponsors pay an annual flat fee for all course applications
submitted in lieu of an application fee for each individual course.
(k) Confidentiality. Unless expressly authorized by the Supreme Court or by the lawyer, LLLT or LPO, all
files and records relating to a lawyer's, LLLT's or LPO's individual MCLE requirements are confidential and shall
be privileged against disclosure except as necessary to conduct an investigation, hearing, and appeal or review
pursuant to these rules. This provision does not apply to the Association Bar except that such records shall not be
disclosed to Association Bar staff responsible for creating or marketing CLE products.
RULE 12. LTh1ITED PRACTICE RULE FOR LTh1ITED PRACTICE OFFICERS

(a) Purpose. The purpose of this rule is to authorize certain lay persons to select, prepare and complete legal
documents incident to the closing of real estate and personal property transactions and to prescribe the conditions of
and limitations upon such activities.
(b) Limited Practice Board.
(1) Estah!ishmentComposition. There is hereby established a Limited Practice Board (referred to herein as the
"LP Board") shall consisting of nine members ta-be-appointed by the Supreme Court of the State of Washington. Not
less than fo ur of the members of the LP Board must be lawyers admitted to the practice of law in the State of
Washington. Four ef.the-.members of the LP Board sflal.lmust be business representatives, one each of the following
four industries: escrow, lending, title insurance, and real estate. Appointments shall be for 4;i-year staggered terms. No
member of the LP Board may serve more than two consecutive terms. Terms shall end on December 31 September 30
of the applicable year. The Supreme Court shall designate one of the members of the LP Board as chairperson.
(2) Duties and Powers.
(Ai) Applications. The IJ:_Board shall accept and process applications for certification under this rule.
tffj-LPO Examination. The LP Board shall work with the Bar and others as necessary to create, maintain, and
grade an LPO conduct the examination for certification required byadrnission to practice law under this rule.
The examination shall consist of such questions as the LP Board may select on such subjects as may be listed
by the Board and approved by the Supreme Court. The IJ:_Board shall establish the number of examinations
to be g iYen each year and the dates of the examinations.
(iii) In,iestigation and recommendation for admission. The IJ:_Board shall notify each applicant of the results
of the e1<amination and shall recommend to the Supreme Court the admission or rejection of each applicant
who passes the examination. The Supreme Court shall enter an order admitting to limited practice those
applicants it deems qualified, conditioned upon each applicaHt takiHg an oath that he or she will comply with
633
this rule and paying to the Board the a11Hual fee for the current year. Upon the eetry of such order, the taking
and filing of the oath, and payment of the a11H1:1al fee, an applicant shall be eerolled as a limited practice
officer and shall be entitled to perform those services permitted by this rule. The oath must be taken before a
court of record in the State of Washiegton.
(i;) Education. The Board shall approve iedivid1:1al co1:1rses and may accredit all or portions of the entire
educational program of a giYen organization which, in the Board's judgment, vlill satisfy the ed1:1cational
requirement of these rules. It shall determine the number of credit ho1:1rs to be allowed for each such course. It
shall encourage the offering of such courses and programs by established organizations, 'Nhether offered
within or outside this state.
(~y) Grievances and discipline. The LP Board's involvement in the shall adopt investigation, hearing and
appeal procedures for handling and shall hear complaints of persons aggrieved by the failure of limited
practice officers to comply with the requirements of this rule and of the Limited Practice Officer Rules of
Professional Conduct shall be as established in the Rules for Enforcement of Limited Practice Officer
Conduct (ELPOC). Upon a findieg by the Board that a limited practice officer has failed to comply in any
material ma11Her vlith the requiremeets of this rule, the Board shall take s1:1ch action as may be appropriate to
the degree of the 'riolation, considerieg also the n1:1mber of Yiolations and the previo1:1s disciplinary record of
the limited practice officer. Disciplinary action may include admonitions, reprimands, and recommendations
to the Supreme Court for the suspension or reYocation of the limited practice officer's certification.
('ri) InYestigation. Upon the receipt ofa complaint that a limited practice officer has violated the pro't'isions of
this rule and in other appropriate circumstances, the Board may investigate the conduct of the limited practice
officer to determffie whether the limited practice officer has violated the requirements, conditions or
limitations imposed by this rale.
(~ii) Approval offEorms. The LP Board shall approve standard forms for use by limited practice officers in
the performance of legal services authorized by this rule.
(viii) Fees. The Board shall establish anel collect examination aad aanual fees ia such amounts as are
necessary to carry out the duties aad respoasibilities of the Board.
(Qix) RulesRegulations. The LP Board shall propose to the Supreme Court amendments to these rules as may
appear necessary to implement and carry out the provisions of this rule. regulatioas to implemeat the
provisions of this rule for adoption by the Supreme Court.
(3) Expenses of the Board. Members of the LP Board shall not be compensated for their services. For their actual
reasonable and necessary expenses incurred in the performance of their duties, they shall be reimbursed by the Board
in a maRner coasistent with its rulesaccording to the Bar's expense policies. All s1:1ch e1tpenses shall be paid pursuant
to a budget submitted to and approved by the Washiagton State Bar Associatioa on an amual basis. Funds
accumulated from examination fees, anaual fees, and other reYeaues shall be used to defray all e1tpenses of the Board.
(4) Administration. The administrative support to the LP Board shall be provided by the Washiagton State Bar
Associatioa. All notices and filings required by these Rules, including applications for admission as a Limited Prac tice
Officer. shall be sent to the headquarters of the Bar.
(c) (Reserved.JCertifieatien Requirements. An applicant for certification as a limited practice officer shall:
(1) Age. Be at least 18 years of age.
(2) },forsl Chsrscter snd Fitness. Be of good moral character aad possess the requisite fitness to act as a limited
practice officer.
(3) Ext1minstion. Satisfy the examinatioa requirements established by the Board.
(4) Application. Submit an application in such form as may be required by the Board. Additioaal proof of any fact
stated ia the applicatioa may be required by the Boarel. Ia the eveat of the failure or refusal of an applicant to furnish
any informatioa or proof, the Board may deny the application.
(5) Ex81ninstion Fee. Pay, upon the filiag of aa application, the examinatioa fee.
(d) Scope of Practice Authorized b y Limited Practice Rule. Notwithstanding any provision of any other rule to
the contrary, a person licensedcertified as a limited practice officer under this rule may select, prepare and complete
documents in a form previously approved by the LP Board for use by others in, or in anticipation of, closing a loan,
extension of credit, sale or other transfer of interest in real or personal property. Such documents shall be limited to
deeds, promissory notes, guaranties, deeds of trust, reconveyances, mortgages, satisfactions, security agreements,
releases, Uniform Commercial Code documents, assignments, contracts, real estate excise tax affidavits, bills of sale,
and powers of attorney. Other documents may be from time to time approved by the LP B oard.
Redline Admission a nd Practice Rules (APR) September 2016 Page 23
634
(e) Conditions Under Which Limited Practice Officers May Prepare and Complete Documents. Limited
practice officers may render services authorized by this rule only under the following conditions and with the
following limitations:
{l) Agreement of the Clients. Prior to the performance of the services, all clients to the transaction shall have
agreed in writing to the basic terms and conditions of the transaction. In the case of a power of attorney prepared in
anticipation of a transaction, the principal(s) and attorney(s)-in-fact shall have provided the limited practice officer
consistent written instructions for the preparation of the power of attorney.
(2) Disclosures to the Clients. The limited practice officer shall advise the clients of the limitations of the services
rendered pursuant to this rule and shall further advise them in writing:
(Ai) tha t the limited practice officer is not acting as the advocate or representative of either of the clients;
(.!2.ti) that the documents prepared by the limited practice officer will affect the legal rights of the clients;
(Qffi) that the clients' interests in the documents may differ;
Q2w) that the clients have a right to be represented by lawyers of their own selection; and
Q;-v) that the limited practice officer cannot give legal advice as to the manner in which the documents affect
the clients.
The written disclosure must particularly identify the documents selected, prepared, and/or completed by the limited
practice officer and must include the name, signature and number of the limited practice officer.
(f) Continuing LicenseCertifieatien Requirements.
(1) Continuing Education. Each active limited practice officer must complete a minimum number of credit hours
of approved or accredited continuing education, as prescribed by APR l lreg1;1lation of the Board, d1;1ring each license
year in co1;1rses certified by the Board to be appropriate for srudy by limited practice officers pro1iding services
p1;1rs1;1ant to this rale; provided, that the limited practice officer shall not be required to comply with this s1;1bsection
during the license year in 'Nhich he or she is initially certified.
(2) Financial Responsibility. Each actiYe limited practice officer or employer thereof shall show proof of ab ility to
respoad in damages resultiag from his or her acts or ornissioas in the perfoffflaace of services peffflitted by this rule.
The proof of finaacial respoasibility shall be ia s1;1oh form and ia s1;1ch amo1;1at as the Board may by regulation
presoribeEach active limited practice officer shall submit to the LP Board proof of ability to respond in damages
resulting from his or her acts or omissions in the pe rformance of services permitted under APR 12 in one of the
following described manners.
A. Submit an individual policy for Errors and Omissions insurance in the amount of at least $100,000;
B. Submit an Errors and Omissions policy of the employer or the parent company of the employer who has
agreed to provide coverage for the LPO 's ability to respond in damages in the amount of at least $100,000;
C. Submit the LPO's audited financial statement showing the LPO's net worth to be at least $200,000;
D. Submit an audited financial statement of the employer or other surety who agrees to respond in damages
for the LPO, indicating net worth of$200,000 per each limited practice officer employee to and including five and
an additional $ 100,000 per each limited practice officer employee over five, who may be subj ect to the
jurisdiction of the Limited Prac tice Board; or
E. Submit proof of indemnification by the limited practice officer's government employer.
Each active LPO shall certify annually continued financial responsibility in the form and manner as prescribed by the
Bar. Each LPO shall notify the Bar of any cancellation or lapse in coverage. When an LPO is demonstrating financial
responsibility by 1) an endorsement on the employer's Errors and Omissions insurance policy, or 2) submission of the
employer's audited financial statement accompanied by the Certificate of Financial Responsibility, the Bar shall notify
the employer when the LPO's status changes from Active to another status or when the LPO is no longer admitted to
practice.
(3) A:nmle-/License Fees and Assessments. Each limited practice officer must pay the annual license fee
established by the Board of Governors, subject to review by the Supreme Court, and any mandatory assessments as
ordered by the Supreme Court. Provisions in the Bar's Bylaws regarding procedures for assessing a nd collecting
lawyer license fees and late fees, and regarding deadline, rebates, apportionment, fee reductions, and exemption, and
other issues relating to fees and assessment, shall also apply to LPO license fees and late fees. Failure to pay may result
in suspension from practice pursua nt to APR 17.
(4) Trust Account. Each active limited practice officer shall certify annually compliance with Rules l. 12A and
1.128 of the LPO Rules of Professional Conduct. Such certification shall be filed in a form and manner as prescribed
635
by the Bar and shall include the bank where each account is held and the account number. Failure to certify may result
in suspension from practice pursuant to APR 17.
(g) Existing Law Unchanged. This rule shall in no way expand, narrow or affect existing law in the following
areas:
(1) The fiduciary relationship between a limited practice officer and his or her customers or clients;
(2) Conflicts of interest that may arise between the limited practice officer and a client or customer;
(3) The right to act as one's own attorney under the pro se exception to the unauthorized practice of law including but
not limited to the right of a lender to prepare documents conveying or granting title to property in which it is taking a
security interest;
(4) The lack of authority of a limited practice officer to give legal advice without being licensed to practice law;
(5) The standard of care which a limited practice officer must practice when carrying out the functions permitted by
this rule.
(h) Treatment of Funds Received Incident to the Closing of Real or Personal Property Transactions.
Persons admitted to practice under this rule shall comply with LPORPC l.1 2A and B regarding the manner in which
they identify, maintain and disburse funds received incidental to the closing of real and personal property transactions,
unless they are acting pursuant to APR l 2(g)(3).
(i) Confidentiality and Public Records.
(1) GR 12.4 shall apply to access to LP Board records.
(2) Unless expressly a1:1thoriz:ee by the S1:1preme Co1:1rt or by the applicant, all applieatioR reeores, inel1:16ing relates
ifl1estigatioR files, <:loe1:1ments ane proeeeeiRgs, for the limitee aemission to the praetiee of law as aR LPO are
coRfieential ane shall be priYilegee agaiRst eisclos1:1re, exeept as necessary to eoR<:luct an i:rwestigatioR, heariRg,
appeal, or review purs1:1ant to these rules.
(3) URless expressly a1:1thoriz:ee by the Supreme Co1:1rt, a ll examiRation questions, scoring keys aRe other examinatioR
eata 1:1see by the B eare to aeminister the LPO exaRlinatiORS are flOt sulJjeet to p1:1blic eisclosure.
(4) Unless expressly authoriz:e<:l by the S1:1preme Court or tae LPO, tae following Beare aRe Bar reeor<:ls are exempt
from p1:1blic aeeess: personal infonnation in B eare aRe Bar reeores for LPOs ane Beare members to the extent taat
eisclosure WOl:lle violate taeir rigfit of privacy, inclueing a ome CORtaet infonnatio n (unless Sl:lch info rmation is taeir
aeeress of reeore), Social Sec1:1rity numbers, eriver's lieense numbers, ieentification or sec1:1rity paotograpas hele in
B eare ane Bar reeor<:ls, ane personal data ineludiflg ethnicity, race, disability statl:ls, gender, and sex1:1al orieRtation.
LPO lieense statl:ls, lieense n1:1mber, dates of admission or lieensiflg, addresses of record, aRd business telephone
numbers, facsimile oombers, and eleetronic mail addresses (unless taere aas been a req1:1est that electronic mail
aderesses not be made public) saall aot be exempt, provided that any s1:1ch iflfonnatioa shall be exempt if the Chair of
the Board approYes tae coRfideatiality of that iRfonnation for reasons of personal sec1:1rity or other eompelling reasoR,
whieh appro1al must be reviewee ann1:1ally.
(j) Inactive Status. A LPO may request transfer to inactive status after being admitted. A LPO on inactive status
is req uired to pay an annual license fee as established by the BOG and approved by the Supreme Court .. A LPO on
inactive status is not required to meet the financial responsibility requirements or the MCLE requirements.
(k) Reinstatement to Active Status. A LPO on inactive status or suspended from practice may return to active status
by filing an application and complying with the procedures set forth for lawver members of the Bar in the Bar's By-
laws.
(I) Voluntary Resignation. Any Limited Practice Officer may request to voluntarily resign the LPO license by no-
tifying the Bar in such form and manner as the Bar may prescribe. If there is a disciplinary investigation or proceeding
then pending against the LPO, or if the LPO has knowledge that the filing of a grievance of substance against such
LPO is imminent, resignation is permitted only under the provisions of the applicable disciplinary rules. An LPO who
resigns the LPO license cannot practice Jaw in Washington in any manner, unless they are licensed or authorized to do
so by the Supreme Court.
COMMENT
[1] Comment Re: APR 12(d)
636
Powers of attorney authorizing a person to negotiate and sign documents in anticipation of, or in the closing
of, a transaction are included in the documents limited practice officers are authorized to prepare. Such
documents may include, but are not limited to, purchase and sale agreements fo r real or personal property,
loan agreements, and letters of intent.
(2) Comment Re: LPO Professional Standard Of Care
The purpose of this comment is to discuss the legal standard of care to which a limited practice officer is
subject, while also clarifying the limited duties of a limited practice officer compared to an attorney when
selecting and preparing legal documents and to show the greater breadth of a lawyer's duties and services
which a party may not expect when engaging a limited practice officer.
Generally, when anyone non la ryer selects and prepares a legal document for another, the non lavqer
1
...
engages in the unauthorized practice of law. Despite this, the non lawyer they (including a-licensed limited
practice officer) will be held to the standard of a lawyer: "to comply with the duty of care, an attorney must
exercise the degree of care, skill, diligence, and knowledge commonly possessed and exercised by a
reasonable, careful and prudent lawyer in the practice of law in this jurisdiction .... "Hizey v. Carpenter, 119
Wn.2d 25 1, 261, 830 P.2d 246 (1992). However, when selecting and preparing approved forms a limited
practice officer, though having a limited license to practice law as defined and limited in APR 12, will not be
authorized nor charged with many of the duties of a lawyer. Except as provided otherwise in APR 12 rules
and regulations, these include the duty to investigate legal matters, to form legal opinions (including but not
limited to the capacity of an individual to sign for an entity or whether a legal document is effective), to give
legal advice (including advice on how a legal document affects the rights or duties of a party), or to consult
with a party on the advisability of a transaction. See also LPORPC 1.1 , Competence, and LPORPC 1.3,
Communication.
[Comment amended effective January 1, 2008, and *.]
APPENDIX APR 12. [RESERVED) REGULATIONS OF THE APR 12 LIMITED PRACTICE BOARD
REGULATION 1. IN GENERAL
Every person desiring to be admitted to limited practice as a Limited Practice Officer LPG) pursuant to
Admission and Practice Rule (APR) 12 must submit an application in the form and manHer and within the time
limits established by these Regulations, pay the requisite fee, and satisfy all of the requirements of APR 12.
REGULATION 2. APPLICATIONS
A
1 ... Applieatian. An applicant must submit to the Washington State Bar Association (WSBA):
l. a completed application for admissioa to limited practice uader ,'\FR 12 in the form and manner
prescribed by tile Limited Practice Board;
2. a fingerprint card which has been processed by the applicant at a local police department or
fingerprinting agency;
3. a signed Authorization and Release; and
4. a signed Affidavit of Applicant._
The application shall not be considered complete and will not be approved pursuant to Regulation 3 unless the
applicant has provided a curreat residential address.
B. Fees. An applicant 'Nill pay an e1rnmination fee in aa amount set by the Limited Practice Board with the
approval of the Supreme Court, which must be paid with the application, and each applicant will be sent a receipt
for the application and fee.
637
C. Verifieatian af ,A,.pplieatian Infermatian. Each applicant must submit a fingerprint card which shall be
forwarded to the Washington State Patrol for a criminal history check, and for eacll applicant wllo bas not resided
in tile state of Washington for two years; a federal Bureau oflnvestigation clleck sllall also be conducted. A starus
review on all professional licenses will be conducted for eacll applicant. Tile applicant Nill furnish wllate,.er
additional information or proof may be required in the course of investigating the applicant.
D. Refonds and Transfers.
1. for all applicants there is a nonrefundable administration fee totaling one half the amount of the examination
fee,-
2. .An applicant may withdraw from the current examination by \Witten request received at least 14
days prior to the date set for the eJtamination and may also request a refund of the fee less tile
administration fee.
3. An applicant withdrawing an application less than 14 days prior to the date set for the examination
'Nill receive no refund of any lood.
4. If the application is denied before the examination, the eJEami:Bation fee less tile nonrefundable
admi:Bistration fee will be refunded. If the applicant reapplies to sit for the examination, the
applicant will pay tile full examination fee then required of all applicants.
5. Ifan applicant fails tile examination and applies to repeat the neJEt scheduled eJtamination, the
examination fee shall be the amount set by tile Limited Practice Board with the approval of the
Supreme Court.
E. Filing Deadline . A.n applicant must file the application to take the LPG examination by the deadline
established by the Board. ~lo applications will be accepted after tile deadline.
REGW...,ATION J. APPROVAL OR DENIAL OF APPLICATION

A. AppraYal af Applieatian. The Limited Practice Board will determine if the application meets the criteria
established in APR 12.
B. Denial ef Applieatian. If the application is denied, the applicant will be granted the right to an appeal of the
determination pursuant to Regulation 4.
C . Na tifieatian af Aetian an Applieatian. The applicant will be notified whether the application has been
approved or denied. If the application has been approved, the applicant will be informed of the date, time and
location of the next examination. If the app lication has been denied, the applicant wi ll be notified of the basis for
the denial and of the appeal process of Regulation 4.
REGULATION 4. DENIAL OF APPLICATION RIGHT OF APPEAL

A. Appeals P anel. The Appeals Panel shall be made up of three members of the Limited Practice Board
appo inted by the Cl-lair.
B. Rigl-lt ef Appeal. Every applicant who has been denied admission under APR 12 sllall have a right of appeal
before the Appeals Panel.
C. Time Periad fer Appeal. ,'\n applicant whose application has been denied shall have the right to appeal
denial of admission pursuant to A:.DR 12 by submitting a vffitten request within fourteen (14) calendar days of
the date the denial of application was issued.
D. Praeedure fer Appeal.
638
1. Te hegin t.~e 6PfJeRlpreeed~we. The applieant's written request for appeal must be filed within the time
period fo r appeal and state the applieant's reason for believing that the applieation should be approved.
2. Wrillel'I suhmissiens. The eomplete applieation will be provided to the Appeals Paeel for eonsideration.
The applieaHt may submit other written materials to the Appeals Panel v;hieh may inelude statements,
eorrespondenee, affidavits, memoranda of law or other '>Fitten items that the applieant belie.,es will assist the
Appeals Panel in reviewing the denial. If the Appeals Panel determines the written submissions are merely
eum1:1lative or not relevant to the appeal, the Appeals Panel may exel1:1de any s1:1bmitted materials from
consideration.
Written materials m1:1st be reeeived no later than ten (10) ealendar days prior to the sched1:1led hearing date.
3. Stipul-atiens. Upon agreement of the parties, written stipulations nlay be 1:1tilized by the A:ppeals Panel.
4. Re~iew hy the A-ppea!s PRnel. The Appeals Panel will eonsider all rele't'ant written material submitted in
aeeordanee \vith these Regulations. The Appeals Panel may also req1:1est oral presentations b~ the parties if it
deems them helpful to a final determination. The Appeals PaHel may set time constraints on the oral presentations.
5. Findings eftheAPfJeals .%net. The Appeals Panel will make vlfitten findings and may affirm or reverse the
denial of the applieation or di-rect further inrestigation for the reasons stated in the written f1:Bdings.
e. Timelines Rnd sehedu!ing efthe 8PfJeR!.
a. Upon timely receipt of the request for appeal, the Appeals Panel will sehedule the matter for consideration on a
date not more than fo1:1rteen (14) calendar days from the date the request is received and will notify the applicant
of the scheduled date for the eonsideration of the appeal.
b. The Appeals Panel will not consider aay request for appeal .Yhieh does not strictly eomply with these
1
Regulations.
e. Upon a showing of good eause, the Appeals Panel may waive any of the proced1:1ral req1:1i-rements of these
Regulations or resehedule the appeal for an earlier or later date.
d. Telephone conferences may be held in lieu of a hearing, and oral presentations may be made by telephone if
req1:1ested by the Appeals Panel.
7. l11-8tif-ieRtien offindings. T he Appeals Panel will notify the applieant of the findings of the Appeals Panel. If the
application has been approved, the applieant will be supplied any forms or information necessary to sit for the
examination. If the application has been denied, the applicant will be informed and supplied a eopy oft"1e Appeals
Panel's written findings.
REGULATION S. ADMINISTRJ..TION OF EXAMINATION.

The examination will be administered twice a year at appropriate locations within the state at dates and locations
established by the Limited Practice Board.
REGULATION a. EXAMINATION ST.ANDARDS AND NOTIFICATION OF RESULTS

The passing standard for the examination is 75 percent for each section. A failing grade in one section shall res1:1lt
in fail1:1re of the exam in '>vhich case grading of any remaining sections shall not be req1:1ired. All applicants will be
notified of the applicant's examination results. Those app licaHts who fail the examination will be informed ofthei-r
score on each graded section of the examination. Examination scores shall not be disclosed to those applicants
who pass the examination. Copies of the e1camination shall not be a'raila0le to any applicant.
REGULATION 7. FINA,.l\lCIAL RESPONSIBILITY REQUIREMENT
Redline Admission a nd Practice Rules (APR) September 20 16 Page 28
639
Each lialited practice officer shall submit to the Board proofofability to responEI in damages resulting from his or
her acts or omissions in the performance of services permitted under APR 12 in one of the following described
manners.
1. Submit an individual policy for Errors and Omissions insurance in the amount of at least $100,000;
2. Submit aa Errors aad Omissioas policy oftbe employer or the parent compaay of the employer '>Vho bas agreed
to provide coverage for the applicaat's ability to resp one ia Elamages in the amount of at least $100,000;
3. Submit the app licant's auditeEI frnancial statemeat showing the applicant's net worth to be at least $200,000;
4. Submit an audited financial statement of the employer or other surety who agrees to resp one in Elamages for the
applicant, indicating net worth of$200,000 per ease limited practise officer employee to ans insluding five and
an aaditional $100,000 per eash limiteEI prastise offiser employee O't'er fiYe, who may be subj est to the
jurisdiction of the Limited Practice Boars; or
5. Subnlitted proof of inaefflRifisatioa of the limiteEI practice offiser's government employer.
REGULATION 8. CERTIFICATION OF RESULTS TO SUPREME COURT; OATII

A. AElmissiee OFEleF.
Tee Limited Prastice Board will submit to the Washington State Supreme Court the names ef those persons who
ha,e passed the examination for admissioe pursuant ta APR 12, taken the oath as pressribeEI by these rules, and
furnished proof of the_applisant's finansial responsibility requirement pursuant to regulation 7.
The names of successful applisants will be submitted only after somplianse with APR 12 and these Regulations,
ans the applicants will be admitteEI unaer APR 12 only after the admission order has been entereEI by the Supreme
GeUf4.-
Eash successful applicant shall complete all the requirements for certification within nine (9) months of the date
the applicant is notified of the examinatioa results. If an applicant fails to satisfy all the re<'luirements for
sertification within this period, the applicaat shall not be eligible for admission uaaer APR 12 with01:1t submitting
a new applicatioa for admissioa.
B. Centeets ef Oath. The oath which all applicants shall take is as follows:
OATH FOR LilVIITED PRACTICE OFFICERS

STATE OF WASHINGTON
COill>!TY OF
I, , Ela solenmly deslare:
1. I am fully subject to the laws of the State of Washington and Rlile l? of the Admission and Practice Rliles aad
APR 12 Regulations adopted by the Washiagtoa State Supreme Court aad will abide by the same.
2. I will support the constitutioas of the state of Washiagton aaEI of the Unites States of A.meris a.
3. I will abide by the Limited Prastise Offis er Rules of Professional Conduct ans Rliles for Enforsemeat ofLPO
Conaust_approved by the Supreme Court of the State ofWashingtoa.
4. I will confine my astivities as a Limited Prastise Offiser to those activities alloweEI by law, rule ans regulation
ans will only utilize documeats appro~ed pursuant to /\PR 12.
5. I will fait hfully Elisclose the lirRitations of my services, that I am not able to ast as the a evocate or represeatative
of aRy party, that ElosumeRts prepared will affect legal rigets of the parties, that the parties' interests in the
640
eloc1:1ments may eliffer, that the parties haYe a right to be represented by a la.vyer of their own selection, anel that I
carmot gie legal aelvice regarding the manner in which the eloc1:1ments affect the parties.
I 1:1nelerstanel that I may inc1:1r personal liability if I vio late the applicable stanelarel of care of a Limiteel Practice
Officer. Also, I 1:1nelerstanel that I only ha\'e a1:1thority to act as a Limited Practice Officer el1:1ring the times that my
financial responsibility coverage is in effect. Ifl am coYereel 1:1neler my employer's errors anel omissions ins1:1rance
policy or by my employer's certificate of financial responsibility, my coverage is limited to sen ices performed in
1
the co1:1rse of my employment.
Signarure Limited Practice Officer
1:1bscribeel anel sworn to before me this _ _ _ elay of _ _ _ __ _ _, _ _ _.
JUDGE
REGULl..TION 9: ANNUAL FEE

A. Ex.sept as set forth in section B of this Reg1:1lation, every Limited Practice Officer shall pay an ar.n1:1al fee in an
amo1:1nt set by the Limited Practice Beare! with the approval of the 1:1preme Co1:1rt, waich is d1:1e on or before
A1:1g1:1st l of each year anel shall co.1er the aRF11:1al license period ofJuly l to June 30. A.rnmal fees paid after Aug1:1st
l shall be s1:1bject to a late fee eq1:1al to one half the ann1:1al fee. Failure to pay the aRF11:1al fee shall s1:1bj ect the LPO
to s1:1spension from limited practice as a Limited Practice Officer. The Beare! saall provide at least 30 elays written
notice of intent to seek s1:1spension to an LPO at tee LPO's address of record. Written notice shall be sent by
eertifieel mail. After s1:1ca notice, the Co1:1rt may enter an order s1:1spending the LPO from limited practice. If the
LPO fails to comply with conditions for reinstatement p1:1rs1:1ant to Reg1:1lation 10 within 9 months of the elate of
suspension, the license of the s1:1spended LPO will be revoked.
B. The prorated aRF1ual fee for LPOs who pass the q1:1alifying ex.amination given in the spring and who request
actiYe status prior to July l of that same calendar year shall be one half the amount of the aE1:B:1:1al fee. LPOs shall
pay the armual fee set forth in Regulation 9(A) to retain their active starus after June 30 of the calendar year of
their admission.
C . A:11 LPO shall provide his or lier residential address to the Board at the time of payment of tee aanual fee.
REGULATION Hl. REINSTATEMENT AFTER SUSPENSION FOR NONPAYMENT OF A.~NUAL FEE.

An LPO who is s1:1spended p1:1rs1:1ant to Reg1:1lation 9(.A) shall be reinstated if the LPO has within nine (9) months
of the date of suspension:
1. submitted an application for reinstatement in the form prescribed by the Beare!;
2. eontinueel to meet the qualifications set 01:1t in APR 12 and these Reg1:1lations; anel
3. paiel a sum equal to the amo1:1nt of all delinq1:1ent ammal fees, late fees, and any in,iestigation fees as may be
determined by the Board.
REGULATION 11. CONTINUING FINANCIAL RESPONSffilLITY AND TRUST ACCOUNT

DECLARATIONS
A. Each acti,re LPO shall certify ann1:1ally by A1:1g1:1st l continued financial responsibility in the form and malller
as prescribed by the Board. Each LPO shall notify the Limited Practice Board of any cancellation or lapse in
co,rerage.
B. Each active LPO shall certify ann1:1ally co mpliance with R1:1les 1.12A anel l.12B of the LPO R1:1les of
Professional Conduct. Such eleclaration shall be filed by A1:1gust 1 in a form and manner as prescribed by the
Beare! and saall incl1:1de tee bank .vhere each acco1:1nt is held and the account number.
641
C. During any period that an LPO has not reported in accordance with these Regulations, or is not on inactive
status pursuant to Regulation 13, the license of the LPO shall be suspended. The Board shall provide at least 30
days 'tvritten notice of intent to seek suspension to an LPO at the LPO's address of record. Written notice shall be
sent by certified mail. l\fter such notice, the Court may enter an order suspending the LPO from limited practice.
Each suspended LPO must demonstrate compliance v1ith the requirements of l\,.!>R 12 within nine (9) months of
the date of the suspension or the license of the suspended LPO will be revoked.
REGULATION 12. CONTINUING EDUCATION

Every LPO shall attend a minimum often (10) hours of approved continuing education during each license year
(July 1 to June 30). Two (2) hours of the required ten (10) hours of continuing education shall be on liability
issues. If an LPO completes more than ten ( 10) credit hours in a given license year, the eirness credit, up to ten
credits, may be carried forward and applied to such LPO's education requirements for the next calendar year.
Every LPO shall submit proof of compliance with the continuing education attendance requirements by filing an
Affidavit of Attendance as prescribed by the Continuing Education Regulations of the Limited Practice Board.
Failure to comply with the continuing education requirements will subject the LPO to suspension of license as a
Limited Practice Officer. The Board shall provide at least 30 days 'Nritten notice of intent to seek suspension to an
LPO at the LPO 's address of record. Written notice shall be sent by certified mail. After such notice, the Court
may enter an order suspending the LPO from limited practice. If the suspended LPO fails to comply with
conditions for reinstatement pursuant to Continuing Education Regulations of the Limited Practice Board within
nine (9) months of the date of suspension, the license of the suspended LPO will be revoked.
REGULATION B . INACTIVE STATUS

An LPO may request transfer to inactive status after being certified. An LPO who has been transferred to inactive
status must continue to meet all continuing education requirements applicable during the period of inactive status.
An LPO on inactive status is required to pay the annual fee required by these Regulations.
If an LPO does not meet the continuing education requirements or the annual fee requirement, the LPO may be
suspended.
An LPO on inactive status is not required to meet the financial responsibility requirements prescribed by these
regulations during the period of inactive status.
An LPO on inacth,e status may return to active status by filing a petition to return to active status with the Board.
To be granted active status, the LPO must be current on the payment of the annual fees, the continuing education
requirements and the financial responsibility requirements prescribed by these Regulations.
REGULATION 14. VOLUNTARY CERTIFICATION CANCELLATION

Any Limited Practice Officer may request to voluntarily surrender the LPO certification by notifying the Limited
Practice Board in writing of the desire to cancel and returning the LPO license with the request. The Limited
Practice Board may deny requests for voluntary cancellation from any LPO who is the subject ofa pending
disciplinary investigation or proceeding. The Limited Practice Board will notify the LPO of the effective date of
the cancellation if approved.
After entry of the cancellation order, the former LPO shall not accept any new clients or engage in work as an
LPO in any matter.
The Board will cause a notice of the cancellation to be published in the same manner as notices of discipline under
ELPOC 3.5(b).
REGULATION lS. CHANCE IN STATUS

When an LPO is demonstrating financial responsibility by 1) an endorsement on the employer's Errors and
Omissions insurance policy, or 2) submission of the employer's audited fieancial statement accompanied by the
Certificate of Financial Responsibility, the Limited Practice Board shall notify the employer when the LPO is
Redline Admission and Practice Rules (APR) September 2016 Page 3 1
642
transferred to one of the following statuses: inactive status, voluntary certification cancellation, disability inactive
status, or the license is suspended or revoked.
REGULATION Hi. REINSTATEMENT AFTER REVOCATION

16.1 RESTRICTIONS AGAINST PETITIONING
A. When Petitian May Be Filed. l'fo petition for reinstaternent shall be filed within a period of two (2) years after
revocation or vithin one ( 1) year after an adverse decision of the Suprerne Court upon a former petition, or vlithin
a period of six (6) rnonths after an adverse recommendation of the Board on a former petition when that
recommendation is not submitted to the Supreme Court. If prior to revocation the LPO was suspended pursuant to
the provisions of Title 7 of the R-0les for Enforcement ofLPO Conduct (ELPOC), or any comparable rule, the
period of suspension shall be credited toward the two (2) years referred to abo11e.
B. Paymeat af Obligations. No re11oked LPO may file a petition for reinstatement until costs and expenses
assessed pursuant to these rules, and restitution ordered as provided, have been paid by the revoked LPO, or the
revoked LPO has entered into a payment plan for any such obligations as provided for under ELPOC 13.9.
16.2 REVERSAL OF COl'NICTION

If an LPO has been revoked solely because of the LP O's conviction of a crime and the conviction is later reversed
and the charges dismissed on their rnerits, the Supreme Court may in its discretion, upon direct application by the
LPO, enter an order reinstating the LPO to limited practice under APR 12. At the time such direct application is
filed with the court, a copy shall be filed with the Board.
16.3 FORM OF PETITION

A petition for reinstaternent as an LPO after re1ocation shall be in vffiting in such form as the Board may
prescribe. The petition shall set forth the age, residence and address of the petitioner, the date of revocation, and
a concise statement of facts claimed to justify reinstatement. The petition shall be accompanied by the total fees
required for application under APR 12.
16.4 Il'fVESTIGATION
The Board may, in its discretion, refer the petition for reinstatement for investigation and report to counsel
appointed by the Board, if any, or such other person or persons as may be determined by the Board.
16.5 HEARING BEFORE BOARD

A. Natiee. The Board rnay fo< a time and place for a hearing on the petition and shall serve notice thereof ten ( 10)
days prior to the hearing upon the petitioner and upon such other persons as may be ordered by the Board. Notice
of the hearing shall also be published in such newspaper or periodical as the Board shall direct. Such published
notice shall contain a statement that a petition for reinstatement has been filed and shall give the date fixed for the
hearing.
B. Statement in Support or Opposition. On or prior to the date of hearing, anyone wishing to do so may file
.vith the Board a v.'Fitten statement for or against reinstaternent, such statements to set forth factual rnatters
shoNing that the petitioner does or does not meet the requirements of Regulation 16.6A. Except by its leave, no
person other than the petitioner or petitioner's counsel shall be heard orally by the Board.
16.6 ACTION BY BOARD

A.Requirements far FaYarable Reeommendation. Reinstatement may be recommended by the Board only
upon an affirmative showing that the petitioner possesses the qualifications and meets the requirements as set
forth by the Board and APR 12, and that the LPO's reinstatement will not be contrary to the public interest.
B. ,'\etian on Reeammendation. The recommendation of the Board shall be served upon the petitioner. If the
Board recommends reinstatement, the record and recommendation shall be transmitted to the Supreme Court for
disposition. If the Board recommends against reinstatement, the record and recommendation shall be retained by
the Board unless the petitioner requests that it be submitted to the Supreme Court. If the petitioner so requests, the
record and recommendation shall be transmitted to the Supreme Court for disposition. If the petitioner does not
643
so request, the examination fee shall be refunded to the petitioner, but the petitioner shall still be responsible for
payment of costs incidental to the reiastatement proceeding as directed by the Board.
Hi.7 ACTION ON SUPREME COURTS DETERMINATIO~l

A. Petitiaa App raved. If the petition for reiastatement is granted by the Supreme Court, the reiastatement shall
be subject to the petitioner's taking and passiag the e1tamination for APR 12 applicants and paying the costs
iacidental to the reiastatement proceeding as directed ey the Supreme Court.
B. PetitiaR Deaied. If the petition for reinstatement be denied, the examination fee shall be refunded to the
petitioner, but the petitioner shall still be responsible for payment of the costs incidental to the reinstatement
proceeding
REGULATION 17. [RESERVED)
REGULATION 18. NOTICE AND FILING; ADMINISTRATION

All notices and filings required by these Regulations, includiag applications for admission as a Limited Practice
Officer, shall ee sent to the headquarters of the Washington State Bar Association. The Washington State Bar
Association shall provide administrative support for the Limited Practice Board pursuant to APR 12(b)(3).
"Clerk" as used in these regulations means \VSBA staff designated to support the Board.
REGULATION 19. A1VIENDMENT.

These Regulations may be altered, amended, or repealed by vote of the Board on approYal of the Supreme Court.
RULE 13. SIGNING OF PLEADINGS AND OTHER PAPERS; ADDRESS OF RECORD; ELECTRONIC
MAIL ADDRESS; NOTICE OF CHANGE OF ADDRESS, TELEPHONE NUMBER, OR NAME;_
RESIDENT AGENT
(a) Signing of Pleadings and Other Papers. All pleadings and other papers signed by an attorney lawyer, LLLT
or LPO and filed with a court shall include the attorney's lawyer's, LLLT's or LPO's Washington State Bar
Association membership number in the signature block. The law department of a municipality, county, or state, public
defender organization or law firm is authorized to make an application to the Supreme Court Clerk for an office
identification number. An office identification number may be assigned by the Supreme Court Clerk upon a showing
that it will facilitate the process of electronic notification. If an office identification number is granted, it shall appear
with the attorney's lawyer's, LLLT's or LPO 's Washington State Bar Association membership number in the
signature block.
(b) Address of Record; Change of Address. An attorney lawyer, LLLT or LPO must advise the Washington
State-Bar Association of a current mailing address and telephone number. The mailing address shall be the attorney's.
lawyer's, LLLT 's or LPO's public address of record. An attorney lawyer, LLLT or LPO whose mailing address or
telephone number changes shall, within I 0 days after the change, notify the Washington State Bar Association, who
shall forward changes weekly to the Administrative Office of the Clerk of the Supreme Court for entry into the state
computer system. The notice shall be in a form acceptable to the Bar Association and shall include (1) the attorney's_
lawyer's, LLLT's or LPO's full name, (2) the lawyer's, LLLT's or LPO's attorney's Washington State Bar
l\ssociation membership number, (3) the previous address and telephone number, clearly identified as such, (4) the
new address and telephone number, clearly identified as such, and (5) the effective date of the change. The courts of
this state may rely on the address information contained in the state computer system in issuing notices in pending
actions.
(c) Electronic mail address. An attorney lawyer. LLLT or LPO shall advise the 'Nashington State Bar
Association of a current electronic mail address. A lawyer, LLLTor LPO whose electronic mail address changes shall,
within 10 days after the change, notify the Washingtoa State Bar AssociatioR, who shall forwa rd changes weekly to
the Administrative Office of the Clerk of the Supreme Court for entry into the state computer system. Use of electronic
mail addresses for court notice, service and filing must comply with GR 30.
(d) Change of Name. A lawyer, LLLT or LPO whose name changes shall, within 10 days after the change, notify
the Washington State Bar AssociatioR, who shall forwa rd changes weekly to the Administrative Office of the Clerk of
the Supreme Court for entry into the state computer system. The notice shall be in a form acceptable to the Bar
Association and shall contain (I) the full previous name, clearly identified as such, (2) the full new name, clearly
644
identified as such, (3) the attorneys lawyer's, LLLT's or LPO's Washiagtoa State Bar AssociatioH membership
number, and (4) the effective date of the c hange.
(e) Requirements of Local and Other Court R ules Not Affected , The responsibility of a party or an attorney
lawyer, LLLT or LPO to keep the court and other parties and attorneys lawyers, LLLTs or LPOs informed of the
party's or attorney's lawyer's, LLLT's or LPO 's correct name and current address, as may be required by local or other
court rule, is not affected by this rule.
(Q Resident Agen t If the address of record required under this rule is no t in the state of Washington or is not a
physical street address, the lawyer, LLLT or LPO shall file with the Bar the name and address of an agent within this
state for the purpose of receiving service of process or of any other document required or permitted by statute or court
rule to be served or delivered to a resident lawyer, LLLT or LPO. Service or delivery to such agent shall be deemed
service upon or delivery to the lawyer, LLLT or LPO. The name and address of the resident agent shall be a public
record. If the address or name of the resident agent changes, the lawyer, LLLT or LPO shall notify the Bar of the
change within 10 days after the change. Judicial and honorary members of the Bar are exempt from the requirements
of this section.
RULE 14. LIMITED P RACTICE R ULE FOR FOREIGN LAW C O NSULTANTS

(a) P urpose. The purpose of this rule is to authorize lawyers from a foreign country to advise or consult about
foreign law and to prescribe the conditions and limitations upon such limited practice.
(b) Q u alifications.
(1) To qualify as a Foreign Law Consulta nt applicant for admission to the limited practice of law in the State of
Washington as provided in these rules, a person must:
(i) Present satisfactory proof of both admission to the practice of law, together with current good standing, in
a foreign jurisdiction, and active legal experience as a lawyer or counselor at law or the equivalent in a foreign
jurisdiction for at least 5 of the 7 years immediately preceding the application; and
(ii) Possess the-good moral character and fitness to practice law requisite for a member of the Bar of the State
ofWashiagtoaas defined in APR 20; and
(iii) Execute under oath and file with the Bar AssociatioH two copies of an application in such fo rm as may be
required by the BarBoard of Gorernors; and
(iv) File with the application a certificate from the authority in such foreign country having final jurisdiction
over professional discipline, certifying as to the applican(s admission to practice, and the date thereof, and as to the
good standing of such lawyer or counselor at law or the equivalent, together with a duly authenticated English
translation of such certificate, if it is not in English; and
(v) File with the application a letter of recommendation from one of the members of the executive body of
such authority or from one of the judges of the highest law court or courts of original j urisdiction of such foreign
country, together with a duly authenticated English translation of such letter, if it is not in English; and
(vi) Provide with the application such other evidence of the applican(s educational and professional
qua lifications, good moral character and fitness and compliance with the requirements of this rule as the Board of
Governors may require; and
(vii) Pay upon the filing of the application a fee equal to that required pursuaat to rule 3(d)(2) to be paid by an
attorneylawyer applicant to take the lawyer ba r examination.
(2) Upon a showing that strict compliance with the provisions of subsections (b)(l)(iv) or (b)(l)(v) would cause
the applicant unnecessary hardship, the BarBoard of Governors may at its disc re tion waive or vary the application of
such provisions and permit the applicant to furnish other evidence in lieu thereof.
(c) Procedu re. The BarBoard ofGorernors shall approve or disapprove applications for admissioa of Foreign
Law Consultants licenses. Additional proof of any facts stated in the application may be required by the BarBeard. In
the event of the failure or refusal of the applicant to furnish any information or proof, or to answer any inquiry of the
Board pertinent to the pending application, the Bar&ard may deny the application. Upon approval of the application
by the BarBoard of Governors, the Bar&ard shall recommend to the Supreme Court the admissioa of that the
appl icant be granted a license for the purposes herein stated. The Supreme Court may enter an order admitting
licensing to practice those applicants it deems qualified, conditioned upon such applicants:
(1) Taking and filing with the C lerk of the Supreme Court the Oath for the Practice ofLawofAttorney pursuant to
rule APR 5; and
(2) Paying to the Bar AssociatioH its membershipthe license fee and any mandatory assessments for the current
year in the maximum amount required of active~ me mbers; and
645
(3) Filing with the Bar 1\ssociatioH in writing his or her address in the State of Washington, or the name and
address of his or her registered agent as provided in APR .Ll.~, together with a statement that the applicant has read
the Rules of Professional Conduct and Rules for Enforcement of Lawyer Conduct, is familiar with their contents and
agrees to abide by them.
(d) Scope of Practice. A Foreign Law Consultant shall be authorized to engage in the limited practice oflaw only
as authorized by the provisions of this rule. A Foreign Law Consultant may not:
(1) Appear for a person other than the Foreign Law Consultant as lawyer in any court or before any magistrate or
other judicial officer in this state (other than upon admissioHpermission for a particular action or proceeding pursuant
to rule 8(b)) or prepare pleadings or any other papers or issue subpoenas in any action or proceeding brought in any
court or before any judicial officer of this state;
(2) Prepare any deed, mortgage, assignment, discharge, lease or any other instrument affecting title to real estate
located in the United States; or
(3) Prepare any will or trust instrument affecting the disposition on death of any property located in the United
States and owned by a resident thereof; or any instrument re lated to the administration of a decedents estate in the
United States; or
(4) Prepare any instrument with respect to the marital relations, rights or duties of a resident of the United States,
or the custody or care of the children of such a resident; or
(5) Render legal advice on the law of the State of Washington, of any other state or territory of the United States,
of the District of Columbia or of the United States (whether rendered incident to preparation of legal instruments or
otherwise) unless and to the extent that the Foreign Law Consultant is admitted to practice law before the highest court
of such other jurisdiction; or
(6) In any way hold himself or herself out as a member of the Bar of the State of Washington; or
(7) Use any title other than "Foreign Law Consultant'', the firm name, and/or authorized title used in the foreign
country where the Foreign Law Consultant is admitted to practice. In each case, such title or name shall be used in
conjunction with the name of such foreign country.
(e) Regulatory Provisions. A Foreign Law Consultant shall be subj ect to the Rules for Enforcement of Lawyer
Conduct and the Rules of Professional Conduct as adopted by the Supreme Court and to all other laws and rules
governing lawyers admitted to the Bar of this state, except for the requirements of APR 11 relating to mandatory
continuing legal education. Jurisdiction shall continue whether or not the Consultant retains the authority for the
limited practice of law in this state, and regardless of the residence of the Consultant.
(t) Continuing Requirements.
(1) Annual Fee and Assessments. A Foreign Law Consultant shall pay to the B ar Association its membership an
annual license fee and any mandatory assessments for the current year in the maximum amount required of active
~members.
(2) Report. A Foreign Law Consultant shall promptly report to the Bar AssociatioH any change in his or her status
in any jurisdiction where he or she is admitted to practice law.
(g) Termination of License. A limited license is granted at the sufferance of the Supreme Court and may be
revoked at any time upon the courts own motion, or upon the motion of the BarBoard of Governors, with or without
cause, including failure to comply with the terms of this rule.
(h) Reciprocity. A Foreign Law Consultant applicant shall demonstrate that the country or jurisdiction from
which he or she applies does not impose, by any law, rule or regulation, any requirements, limitations, restrictions or
conditions upon the admission of members of the Washington State Bar Association as Foreign Law Consultants in
that foreign country or jurisdiction which are significantly more limiting or restrictive than the requirements of this
rule. The Supreme Court may deny a license admission to a Foreign Law Consultant applicant upon that basis, or may
impose similar limitations, restrictions or conditions upon foreign legal consultant applicants from that foreign
country or jurisdiction.
RULE 15. LAWYERS' FUND FOR-CLIENT PROTECTION FUND

(a) Purpose. The purpose of this rule is to create a Lav"yers' Fund for Client Protection Fund (the Fund), to be
maintained and administered as a trust by the WasB.ington State Bar Association (WSBA), in order to promote public
confidence in the administration of justice and the integrity of the legal profession.
(b) Establishment. The Fund shall be established and funded through assessments ordered by the Supreme Court
to be paid by members and other licensees to the Bar.
(1) The Board of Governors shall act as Trustees for the Fund.
R edline Admission and Practice Rules (APR) September 20 16 P age 35
646
(2) The Board of Governors shall appoint a C lient Protection Board, to help administer the Fund pursuant to these
rules. The Client Protection Board shall consist of 11 lawyers. LLLTs or LPOs and two community representatives
who are not licensed to practice law, who shall be appointed to serve staggered three-year terms.
) Funds accruing and appropriated to the Fund may be used for the purpose of relieving or mitigating a
_ _ (=3..._
pecuniary loss sustained by any person by reason of the dishonesty of, or failure to account for money or property
entrusted to, any lawyer, LLLT or LPO member of the BarWSM as a result of or directly re lated to the lawyer's,
LLLT's or LPO'smember's practice of law (as defieed in GR 24), or while acting as a fiduciary in a matter directly
related to tlle lawyer's, LLLT's or LPO's mea1ber's practice ofla w. Suc h funds may also, through the Fund, be used to
relieve or mitigate like losses sustained by p ersons by reason of similar acts of an individual who was at one time a-
member of the WSBA admitted to the practice of law in Washington as a lawyer, LLLT, or LPO but who was at the
time of the act complained of under a court ordered suspension.
filThe Fund shall not be used for the purpose of relieving any pecuniary loss resulting from aa attorney's g__
lawyer's, LLLT's or LPO 's negligent performance of services or for acts performed after a lawyer, LLLT or
LPOn1ember is disbarred or revoked.
filPayments from the Fund shall be considered gifts to the recipients and shall not be considered entitlements.
(c) Funding. The Supreme Court may by order provide fo r funding by assessment of lawyers, LLLTs and LPOs
members of the WSBA in amounts determined by the court upon the recommendation of the B oard of Govemors-ef-
the WSBA.
(d) En forcement. Failure to pay any fee assessed by the ffili'tSupreme Court in the manner and by the date
specified by the Bar oa or before the date speeified by the eourt shall be a cause fo r suspension from practice until
payment has been made.
(e) Restitution. A lawyer, LLLT or LPO whose conduct results in payment to an applicant shall be liable to the
Fund for restitution.
( 1) A lawyer, LLLT or LPO on Active status must pay restitution to the Fund in full within 30 days of final
payment by the Fund to an applicant unless the attorney lawyer, LLLT or LPO enters into a periodic payment plan
with Bar counsel assigned to the Client Protection Board.
(2) Lawyers, LLLTs or LPOs on disciplinary or administrative suspension, disbarred or revoked lawyers, LLLTs
or LPOs, and lawyers, LLLTs or LPOs on any status other than disability inactive must pay restitutio n to the F und in
full prior to returning to Active status, unless the attorney enters into a periodic payment plan with Bar counsel
assigned to the C lient Protection Board.
(3) An attorney lawyer, LLLT or LPO who returns from disability inactive status as to whom an award has been
made shall be required to pay restitution if and as provided in Procedural RtileRegulation 6(1).
( 4) Restitution not paid within 30 days of final payment by the Fund to an applicant shall accrue interest at the
maximum rate permitted under RCW 19.52.050.
(5) Bar counsel assigned to the Client Protection Board may, in his or her sole discretion, enter into an agreement
with an attorney a lawyer. LLLT or LPO for a reasonable periodic payment plan if the attorneylawyer. LLLT or LPO
demonstrates in writing the present inability to pay assessed costs and expenses.
(A) Any payment plan entered into under this rule must provide for interest at the maximum rate permitted
under RCW 19.52.050.
(B) A lawyer, LLLT or LPO An attorney may ask the fime!Client Protection Board to review an adverse
de tennination by Bar counsel regarding specific conditions fo r a periodic payment plan. The Chair of the C lient
P rotection Board directs the procedure for fime!Client Protection Board review, and the fime!Client Protection
Board's decision is not subj ect to further review.
(6) A lawyer 's, LLLT's or LPO 's 1\a attorney's failure to comply with an approved periodic payment plan or to
otherwise pay restitution due under this Rule may be grounds for denial of status change or fo r discipline.
(f) Administration. The Bar shall maintain and administer the Fund in a manner consistent with these rules and
Regulations.Fued shall be maiatained and administered by the B oard of Governors aetiag as trustees for tile Fund. The
Board shall appoint the Lawyers' Fund for Clieat Proteetion Board (Client Proteetion Board) to adfflinister the Fund
pursuant to rules adopted by the B oard of Governors and appro'1ed by the Supreme Court. The Clieat Proteetion Board
shall eoasist of 11 lawyers and 2 nonlaw"ters, v1ho will be appointed to serve staggered 3 year terms.
(g) Subpoenas. A lawyer member of the Client Protection Board, or Bar s~ounsel for the Washiagtoe State Bar
Assoeiatioe assigned to the CornmitteeClient Protection Board, shall have the power to issue subpoenas to compel the
attendance o f the lawyer, LLL T or LPO be ing investigated or of a witness, or the production of books, or documents,
or other evidence, at the taking of a deposition. A subpoena issued pursuant to this rule shall indicate on its face that
647
the subpoena is issued in connection with an investigation under this rule. Subpoenas shall be served in the same
manner as in civil cases in the superior court.
(h) Reports. The BarBoard of Governors, ia eoasultatioa with the Clieat Proteetioa Board, shall file with the
Supreme Court a full report on the activities and finances of the Fund at least annually and may make other reports to
the court as necessary.
(i) Communications to the BarAsseeiatiea. Communications to the BarAssoeiatioa, Board of Governors
(Trustees), Client Protection Board, Assoeiatioa Bar staff, or any other individual acting under authority of these rules,
are absolutely privileged, and no lawsuit predicated thereon may be instituted against any applicant or other person
providing information.
LAWYERS' FUND FOR CLIENT PROTECTION FUND (APR 15)

PROCEDURAL RULESREGULATIONS
IWLEREGULATION 1. PURPOSE
f!}A. The purpose of these rulesregulations is to establish procedures pursuant to Rule 15 of the Admission teand
Practice Rules, to maintain and administer a Lawyers' fuad for Client Protection Fund established as a trust by the
Wasfiiagton State Bar Assoeiatioa (WSBA), in order to promote public confidence in the administration of justice and
the integrity of the legal profession.
{Q}&. Funds accruing and appropriated to the Fund may be used for the purpose of relieving or mitigating a
entrusted to, any memberlawyer, LLLT or LPO of the WSBA.Bar as a result of or directly related to the lawyer's,
LLLT's or LPO'smember's practice of law (as defiaed in GR 24), or while acting as a fiduciary in a matter directly
related to the mernber'slawyer's, LLLT's or LPO's practice of law. Such funds may also, through the Fund, be used to
relieve or mitigate like losses sustained by persons by reason of similar acts of an individual who was at one time a
memberlawyer, LLLT or LPO of the WSBA.Bar but who was at the time of the act complained of under a court
ordered suspension.
.f.1G. The Fund shall not be used for the purpose of relieving any pecuniary loss resulting from aa attorney's !!
lawyer's, LLLT's or LPO 's negligent performance of services.
IWLEREGULATION 2. ESTABLISHMENT OF THE FUND.

f!}A. Trustees. Pursuant to APR 15, the members of the Board of Governors oftfie WSBAwill serve during their
terms of office as Trustees (Trustees) for the Fund to hold funds assessed by the Supreme Court for the purposes of the
Fund. The WSBA.Bar President will serve as President of the Trustees.
ili.}B. Funding. The Trustees may recommend to the Supreme Court that it order an annual assessment of all
active memberslawyer's, LLLT's and LPOs of the WSBA.Bar in an amount recommended by the Trustees to be held
by them in trust for the purposes of the Fund .
.f.1G. Enforcement. Any active memberlawyer, LLLT or LPO failing to pay any annual assessment on or before
the date set for payment by the Supreme Court shall, after 60 days written aotiee seat to bis or her last kaowa business
address as sfiown ia the reeords of tfie WSBA, be ordered suspended from the practice of law in accordance with APR
17 and the Bar's Bylaws until the assessment is paid.
IWLEREGULATION 3. LAWYERS' FUND FOR CLIENT PROTECTION BOARD

f!}A. Membership. The Lawyers' fuad for Client Protection Board shall consist of 11 lawyers LLLTs or LPOs
and 2 nonlawyers two community representatives who are not licensed to practice law, appointed by the Trustees for
terms not exceeding Jthree years each.
ili.}B. Vacancies. Vacancies on the Client Protection Board shall be filled by appointment of the Trustees.
{lb. Officers. The Trustees shall appoint a chairperson of the Client Protection Board for a term of one-year or
until a successor is appointed. The secretary of the Client Protection Board shall be a staff member of the W@ABar
assigned to the Client Protection Board by the Executive Director of the WSBA.Bar.
@D. Meetings. The Client Protection Board shall meet not less than once per year upon call of the chairperson,
or at the request of the staff member of the WSBA.Bar, who shall not be entitled to vote on Client Protection Board
matters .
.(filE. Quorum. A majority of the Client Protection Board members, excluding the secretary, shall constitute a
quorum.
ffiF. Record of Meetings. The secretary shall maintain minutes of the Client Protection Board deliberations and
recommendations.
648
{g}G. Authority and Duties of Client Protection Board. The Client Protection Board shall have the power and
authority to:
(1) Consider claims for reimbursement of pecuniary loss and make a report and recommendation regarding
payment or nonpayment on any claim to the Trustees.
(2) Provide a full report of its activities annually to the Supreme Court and the Trustees and to make other reports
and to publicize its activities as the Court or Trustees may deem advisable.
fh}H. Conflict of Interest.
(1) A Client Protection Board member who has or has had a lawyer/client relationship or financial relationship
with an applicant or lawyer, LLLT or LPO who is the subject of an application shall not participate in the investigation
or deliberation of an application involving that applicant or lawyer, LLLT or LPO.
(2) A Client Protection Board member with a past or present relationship, other than that as provided in section
(1), with an applicant or lawyer, LLLT or LPO who is the subject of an application, shall disclose such relationship to
the Client Protection Board and, if the Client Protection Board deems it appropriate, that member shall not participate
in any action relating to that application.
RYbEREGULATION 4. APPLICATIONS FOR PAYMENT

WA. Application~-F6rm. All applications for payment through the Law. yers Fund for Client Protection Fund
shall be made by submitting to the Bar an application in such form and manner as determined by the Baron a form
appro,,ed by the Board, and shall include all information requested on the form.
(b)B. Disciplinary Grievances. Before an application for payment from the Fund will be considered, the
applicant must also file a disciplinary grievance with the Office of Disciplinary Counsel, unless the lawyer, LLLT or
LPO is disbarred, revoked or deceased, or unless the Client Protection Board in its discretion finds that no disciplinary
grievance is required.
(c) Information about the Fund. C. Netiee by Offiee ef Diseiplinary Counsel. Any person who has filed a
disciplinary grie;ance with the WBA alleging a loss occasioned by the dishonest conduct of a law1er should be
provided with a Lavqers fund for Client Protection .E!!fillapplication form and given information about the Fund.The
application and information about the Fund shall be published on the Bar's public website and provided to any person
on request.
RYbEREGULATION 5. ELIGIBLE CLAIMS

WA. Eligibility. To be eligible for payment from the Fund, the loss must be caused by the dishonest conduct of a
lawyer, LLLT or LPO or the failure to account for money or property entrusted to a lawyer, LLLT or LPO as a result
of or directly related to the lawyer's, LLLT's or LPO 's practice of law (as defined in GR 24). The loss must also have
arisen out of and by reason of a client-lawyer relationship or a fiduciary relationship in a matter directly related to the
lawyer's, LLLT's or LPO 's practice of law.
{!tlB. Time Limitations. Any application must be made within three years from the date on which discovery of
the loss was made or reasonably should have been made by the applicant, and in no event more than three years from
the date the lawyer, LLLT or LPO dies, is disbarred or revoked, is disciplined for misappropriation of funds, or is
criminally convicted for matters relating to the applicant's loss, provided that the Client Protection Board or Trustees
in their discretion may waive any limitations period for excusable neglect or other good cause.
!1C. Dishonest Conduct. As used in these rules and regulations, "dishonest conduct" or "dishonesty" means
wrongful acts committed by a lawyer, LLLT or LPO in the nature of theft or embezzlement of money or the wrongful
taking or conversion of money, property or other thing of value, including but not limited to refusal to refund unearned
fees or expenses as required the Rules of Professional Conduct.
@D. Excluded Losses. Except as provided by Section E of this RegulationR!ile, the following losses shall not be
reimbursable:
(1) Losses incurred by related persons, law partners and associate attomeyslawyers, LLLTs or LPOs of the
lawyer, LLLT or LPO causing the loss. For purposes of these Rules and Regulations, " related persons" includes a
spouse, domestic partner, child, grandchild, parent, grandparent, sibling, or other Rrelative or individual with whom
the lawyer, LLLT or LPO maintains a close, familial relationship;
(2) Losses covered by any bond, surety agreement, or insurance contract to the extent covered thereby, including
any loss to which any bonding agent, surety, or insurer is subrogated, to the extent of that subrogated interest;
(3) Losses incurred by any financial institution which are recoverable under a "banker's blanket bond" or similar
commonly available insurance or surety contract;
649
(4) Losses incurred by any business entity controlled by the lawyer, LLLT or LPO or any person or entity
described in Regulation&ule 5 D (I ), (2) or (3);
(5) Losses incurred by an assignee, lienholder, or creditor of the applicant or lawyer, LLLT or LPO, unless
application has been made by the client or beneficiary or the client or beneficiary has authorized such reimbursement;
(6) Losses incurred by any governmental entity or agency;
(7) Losses arising from business or personal investments not arising in the course of or arising out of the
client-lawyer or client-LLLT relationship, or the provision ofLPO services;
(8) Consequential damages, such as lost interest, or attorney's fees or other costs incurred in seeking recovery of a
loss .
.(filE: Special and Unusual Circumstances. In cases of special and unusual circumstances, the Client Protection
Board may, in its discretion, consider an application which would otherwise be excluded by reason of the procedural
requirements of these rules and regulations.
ffiF. Unjust Enrichment. In cases where it appears that there will be unjust enrichment, or that the applicant
contributed to the loss, the Client Protection Board may, in its discretion, recommend the denial of the application. No
rule should be interpreted as to provide a financial windfall to a claimant from the fEund .
.{g}G. Investment Victims. When considering gifts to claimants who were victimized after investing with a
lawyer, LLLT or LPO, the Client Protection Board may consider such factors as the sophistication of the investor, the
length of the relationship with the lawyer, LLLT or LPO, and whether the investor was aware that the lawyer, LLLT or
LPO had non lawyer partners who were not lawyers, LLLTs or LPOs .
.{hlH: Exhaustion of Remedies. The Client Protection Board may consider whether an applicant has made
reasonable attempts to seek reimbursement of a loss before taking action on an application. This may include, but is
not limited to, the following:
(I) Filing a claim with an appropriate insurance carrier;
(2) Filing a claim on a bond, when appropriate;
(3) Filing a claim with any and all banks which honored a financial instrument with a fo rged endorsement;
(4) As a prelude to possible suit under part (5) below, demanding payment from any business associate or
employer who may be liable for the actions of the dishonest lawyer, LLLT or LPO; or
(5) Commencing appropriate legal action against the lawyer, LLLT or LPO or against any other party or entity
who may be liable for the applicant's loss.
Rl:l=bEREGULATION 6. PR OCEDURES
ll!}A. Ineligibility. Whenever it appears that an application is not eligible for reimbursement pursuant to Rule 5,
the applicant shall be advised of the reasons why the application may not be eligible for reimbursement.
.(Q)B. Investigation and Report. The WSBABar staff member assigned to the Client Protection Board shall
conduct an investigation regarding any application. The investigation may be coordinated with any disciplinary
investigation regarding the lawyer, LLLT or LPO. The staff member shall report to the Client Protection Board and
make a recommendation to the Client Protection Board .
.(f}G-: Notification of lawyer, LLLT or LPO. The lawyer, LLLT or LPO, or his or her representative, regarding
whom an application is made shall be notified of the application and provided a copy of it, and shall be requested to
respond within 20 days. If the lawyer's, LLLT or LPO's address of record on file with the WSBABar is not current,
then a copy of the application should be sent to the lawyer, LLLT or LPO at any other address on file with the
WSBABar. A copy of these Rules and Regulations shall be provided to the lawyer, LLLT or LPO or representative.
@ D. Withdrawal of Application/Restitution. If, during the investigation of an application, the Applicant
withdraws the Application or the Applicant receives full restitution of the amount stated in the Application, the
Applicant and the lawyer, LLLT or LPO shall be advised that the file will be closed without further action.
.(filE: Testimony. The Client Protection Board may request that testimony be presented to complete the record.
Upon request, the lawyer, LLLT, LPO or applicant, or their representatives, may be given an opportunity to be heard at
the discretion of the Client Protection Board.
ffiF. Finding of Dishonest Conduct. The Client Protection Board may make a finding of dishonest conduct for
purposes of considering an application. Such a determination is not a finding of dishonest conduct for purposes of
professional discipline.
.{g}G. Evidence and Burden of Proof. Consideration of an application need not be conducted according to
technical rules relating to evidence, procedure and witnesses. Any relevant evidence shall be admitted if it is the sort of
evidence commonly accepted by reasonably prudent persons in the conduct of their affairs. The applicant shall have
the burden of establishing eligibility for reimbursement by a clear preponderance of the evidence.
650
i!!.lB. Pending Discip linary Proceedin gs. Unless the Client Protection Board or Trustees otherwise direct, no
app lication shall be acted upon during the pendency of a disciplinary proceeding or investigation involving the same
act or conduct that is alleged in the claim.
fill. Deferred Disciplinary Proceedings; L awyer, LLLT or LPO on Disability Inactive Status.
(1) If an application relates to a lawyer, LLLT or LPO on disability inactive status, and/or a d isciplinary
proceeding or investigation is deferred due to a lawyer's, LLLT's or LPO's transfer to d isability inactive status, the
~Client Protection Board may act on the application when received or may defer processing the application for up
to three years if the lawyer, LLLT or LPO remains on disability inactive status.
(2) A lawyer, LLLT or LPO on disability inactive status seeking to return to Active status may, while pursuing
reinstatement pursuant to the Rules for Enforcement of Conduct or other applicab le discipline rules, request that the
lawyer's, LLLT or LPO's obligation to make resti tution for any applications approved while the lawyer, LLLT or LPO
was on disability inactive status be reviewed.
(A) If the request for review is based in, whole or in part on the merits of the application(s), the lawyer, LLLT
or LPO may request the ~ Client Protection Board review and reconsider any such applications. The Fwld-Client
Protection Board 's decision on review shall be reported to the Trustees, which shall have sole authority for the final
decision. If the Trustees determine that the application(s) should not have been approved, the lawyer, LLLT or LPO
w ill not be responsible for restitution and the applicant(s) shall not be required to repay the Fund. If the Trustees
determine that the applications were appropriately granted and the lawyer, LLLTor LPO is responsible fo r restitution,
the rules regarding restitution shall apply.
(B) If the lawyer, LLLT or LPO does not contest the merits of the applications but simply wants to request
that restitution be waived, the request shall be submitted to the Bar eCounsel for the Fund, who shall submit the
request to the Trustees together with Fund oounsel'sBar Counsel's recommendation. The decision of the Trustees shall
be final and is not subj ect to appeal.
fil.J. P ub lic Participa tion. Public participation at C lient Protection Board meetings shall be pem1itted only by
prior pennission granted b y the Client Protection Board chairperson.
ili}K. Client Protection Board Action.
(1 ) Actions of the Client Protection Board Which Are Final Decisions: A decision by the C lient Protection Board
on an application for payment of $25,000 or less--whether such decision be to make payment, to deny payment, to
defer consideration, or fo r any action other than payment of more than $25,000--shall be final and without right of
appeal to the Trustees.
(2) Actions of the Client Protection Board Which Are Recommendations to the Trustees: A decision by the Client
Protection Board (a) on an application for more than $25,000, or (b) involving a payment of more than $25,000
(regardless of the amount stated in the app lication), is not fi nal and is a recommendation to the Trustees which shall
have sole authority for final decisions in such cases.
Rm,.EREGULATION 7. ADJUDICATION BY TRUST EES

.(filk A recommendation by the Client Protection Board (a) concerning applications for more than $25,000, or (b)
that payments of more than $25,000 be made to applicants regarding a ny one lawyer, LLLT or LPO, shall be reported
to the Trustees which may, in its discre tion, adopt, modify, disapprove or take any other appropriate action on the
C lient Protection Board's recommendatio n.
f!2)B. A decision of the Trustees shall be fi nal and there shall be no right of appeal from that decision.
IWbEREGULATION 8. NOTIFICATION OF APPLICANT AND LAWYER, LLLT OR LPO

Both the applicant and the lawyer, LLLT or LPO who is the subj ect of an application shall be advised of any decision
of the Client Protection Board or the Trustees.
Rm,.EREGULATION 9. LIMITATIONS ON REIMBURSEMENT

D!}A. The Trustees may, at their discretion, set limitations on the amount of reimbursement.
DUB-: The maximum allowable amount of a gift is $150,000. There is no linlit on the number of gifts that can be
made to reimburse clients fo r the wrongful acts of any one lawyer, LLLT or LPO.
filApplications approved for $5,000 or less shall be paid in full upon approval by the Client Protection Board
(and the Trustees, if required under these Ru les and Regulations). Applications approved for more than $5,000 shall be
paid $5,000 upon approval by the Client Protection Board (and the Trustees, if required under these R ules and
Regulations); payment of the remaining balance approved shall be deferred until fiscal year end and shall be subject to
any proration which may be approved by the Trustees.
651
@ G. At the last meeting; of the Trustees for each fiscal year, the Fune Client Protection Board shall report the
total outstanding balance on approved gifts and shall recommend whether the outstanding balance should be paid in
full or prorated. When approved gifts are prorated, the prorated payment shall reflect the total amount of the gift, less
the initial $5,000 payment made upon approval by the Client Protection Board. By way of illustration:
Example 1: T he application is for an a mount in excess of $ 150,00075,000,00. The f:tm6 C lient Protection Board
recommends and the Board of Governors, as Trustees, approves a gift in the maximum allowable amount of
$ 1 50,00~. $5,000 is paid upon approval by the Trustees. At fiscal year end, the f:tm6 Client Protection Board
recommends and the Board of Governors, as T rustees, approves using a prorating formula that would result in
applicants receiving 20% of their unpaid gifts. 20% of $ 145,000+Q,OOO is $29,000-l+,OOO, so a second payment of
$29,000-l+,OOO is issued to the applicant.
Example 2: In the same fiscal year another applicant applies fo r and receives a gift in the a mount of $7 ,500.
$5,000 is paid upon approval. At fiscal year end, a second payment is issued for $500.
RtJI,EREGULATION 10.
Any and all payments made to applicants in connection with the Lavl)'ers' Fund for Client Protection Fund are
gratuitous and are at the sole discretion of the Trustees.
ll!.lA. Restitution. A lawyer, LLLT o r LPO whose conduct results in payment to an applicant shall be liable to the
Fund fo r restitution, and the Trustees may bring such action as they deem advisable to enforce restitution.
{!!}&Subrogation. As a condition of payment, an applicant shall be required to provide the Fund with a pro tanto
transfer of the applicant's rights against the lawyer, LLLT or LPO, the lawyer 's, LLLT's or LPO's legal representative,
estate or assigns; and of the claimant's rights against any third party or entity who may be liab le for the applicant's loss.
Failure to return a signed subrogation agreement to the Fund within three years of approval of the app lication will
result in revocation of that approval.
{}Go Action to Enforce Restitution. In the event the Trustees commence a judicial action to enforce restitution,
they shall advise the applicant who may then join in the action to recover any unreimbursed losses. If the applicant
commences such an action against the lawyer, LLLT or LPO or another entity who may be liable for the loss, the
app licant shall notify the Fund who may join in the action.
@D. Duty to Cooperate. As a condition of payment, the applicant shall be required to cooperate in all efforts
that the Fund undertakes to achieve restitution.
No lawyer shall charge or accept any payment for prosecuting an application on behalf of an applicant, unless such
charge or payment has been approved by the Trustees.
ll!.lA. Matters Which Are Public. On approved applications, the fac ts and circumstances which generated the
loss, the Client Protection Board's recommendations to the Trustees with respect to payment of a claim, the amount of
claim, the amount ofloss as determined by the C lient Protection Board, the name of the lawyer, LLLT or LPO causing
the loss, and the amount of payment authorized and made, shall be public.
{!!}&Matters Which Are Not Public. The Client Protection Board's file, including the application and response,
supporting documentation, a nd staff investigative report, and deliberations of any application; the name of the
applicant, unless the applicant consents; and the name of the lawyer, LLLT or LPO unless the lawyer, LLLT or LPO
consents or unless the lawyer's, LLLT's or LPO 's name is made public pursuant to these rules and regulations, shall
not be public.
Notice of approval of an application to the Fund may be published in the Washinglen SIBie Bsr News official
publication of the Bar and elsewhere at the direction of the Client Protection Board or Trustees. Notice may also be
posted electronically on any web site maintained by the ~ar. If the lawyer, LLLT or LPO has made full
restitution to the Fund, any notice posted electronically by the ~ar may, at the request of the lawyer, LLLT or
LPO, be removed.
Redline Admission and Practice R ules (APR) September 2016 Page 41
652
These Rules and Regulations may be amended, altered or repealed on the recommendation of the Client Protection
Board by a vote of the Trustees, with the approval of the Supreme Court.
RULE 16. [RESERVEDJMEDIATION

(a) Paliey. It is the policy of the 8\:lpreme Co\:lrt to eRco1:1rage thro1:1gh a conciliatory process the iaformal aRd prompt
resol1:1tioR of disp1:1tes between lav,.yers aRd thei:r clients, disp\:ltes between lawyers aRd other lawyers, aRd other
disp\:ltes, inel\:lding disp\:ltes between lavryers and other professioRals regarding expert witRess fees.
(b) Mediatiefl Program. The WashiRgtoR State Bar AssociatioR is a\:lthorized to maintaifl aRd administer a Mediation
Program for the resol1:1tion of disp\:ltes vol1:1Rtarily s1:1bmitted by the parties, or referred by the Office of DiscipliRary
Co1:1asel, 'Nhen mediation appears appropriate, aAd to be governed by S\:lch g\:lidelines as may be adopted by the Bar
Association's Board of Governors and approved by the 8\:lpreme Co\:lrt.
(e) Confidentiality. Mediation \:lnder this rule shall be confidential, and comm\:lnicatioRs made or materials s1:1bmitted
in, or in connection with, the mediation proceediRg will be privileged and eonfideRtial as provided by RCW 5.00.070,
provided that no party to the mediation will be precl\:lded from filing or p\:lrS\:liRg a grievance \:lnder the R\:lles for
Eaforcement ofLavryer Cond\:lct.
(d) Seleetien and Appointment ef Mediators. Mediators may be agreed \:lpon by the parties or shall be assigned
from a list appro1ed by the Board of Governors and maintained by the Bar Association of both lawyers and
non lawyers with the appropriate training and experieace to serve effectively in a facilitati"'e role. Lawyers assigned as
mediators shall be acti1e members of the Bar Association for at least 7 years.
(e) Cemmunieatiens ta the Asseeiatien. Communications to the Bar AssociatioR, Board of Governors, mediator,
mediation staff, or aRy other iHdivid1:1al acting 1:1nder a\:lthority of these rules, are absol\;ltely pri1ileged, and no laws\:lit
predicated thereoH may be instil\:lted against any party to a mediation, witness or other persoR providiHg iHformatioH.
RULE 17. ADMINISTRATIVE SUSPENSION FROM PRACTICE

(a) Basis for Suspension F rom Practice. The Washington State Bar AssociatioH shall request that the Supreme
Court suspend a memberlawyer, LLLT or LPO from the practice of law upon:
(1) notification from the Department of Social and Health Services that the memberlawyer, LLLTor LPO is more
than six months delinquent in noncompliance with a valid and enforceable order entered by a court of competent
jurisdic tion requiring the memberlawyer, LLLT or LPO to pay child support; or
(2) failure of a mernberlawyer, LLLT or LPO to comply with licensing requirements under these rules, the R\:lles
for Eaforeement of Lawyer Cond\:lctapplicable disciplinary rules, or the Bar~ Association Bylaws. This includes but
is not limited to a memberlawyer's, LLLT's or LPO 's:
(A) failure to pay the annual license fee or late payment fee to the AssoeiationBar;
(B) failure to pay to the Bar the ar.n\:lalany mandatory assessments ordered by the Supreme Court including te
the Lawyers' F1:1nd for Client Protection Fund assessment;
(C) failure to comply with MCLE requirements;
(D) failure to comply with financial responsibility or professional liability insurance requirements;
(E) failure to file annual trust account information;
(F) failure to designate a resident agent when required to do so; and
(G) failure to timely notify the BarAssociatiofl of a change in the lawyer's LLLT's or LPO's name, address,
phone number or email address or resident agent information as required under APR 13.
(b) Notice and Order of Suspension. The Bar AssociatioH shall provide at least 60 days written notice of intent
to seek suspension to a memberlawyer, LLLT or LPO at the memberlawyer's, LLLT' s or LPO 's address ofrecord
with the Bar Association. The Bar AssociatioH shall establish notice procedures consistent with this rule. A
memberlawyer, LLLT or LPO shall have a right to submit proof that the grounds for the suspension do not exist or no
longer exist. After such notice the Court may enter an order suspending the memberlawyer, LLLT or LPO from
practice.
(c) Change of Status After Suspension P u rsuant to This Rule. A memberlawyer, LLLT or LPO who has been
administratively suspended under this rule shall have a right to submit proof to the Bar AssociatioH that the grounds for
suspension no longer exists. The memberlawyer, LLLT or LPO must adhere to status change procedures established
by the Bar AssociatioH. The Court may enter an order changing status upon determination said proof is satisfactory
and so long as the memberlawyer, LLLT or LPO meets all other requirements to prac tice law.
(d) Rules of Professional Conduct Not Superseded. Nothing in this rule supersedes any of the Rules of
Professional Conduct.
653
RULE 18. [RESERVED]
RULE 19. LAWYER, LLLT AND LPO SERVICES

(a) Purpose. The purpose of this rule is to protect the public, to assist lawyers, LLLTs and LPOs in the
performance of their duties and responsibilities in the representation of clients, to maintain and improve the integrity
of the legal profession, and to promote the interests of justice.
(b) Lawyers, LLLTs and LPOs Assistance Program (LAP).
(1) Authorization. The Washington State Bar Assoeiation is authorized to create a program to help prevent and
a lleviate problems that may detrimentally influence a lawyer!s, LLLTs or LPOs perfonnance, including physical
illnesses, emotional problems or addictions.
(2) Confidentiality. Confidential communications between a lawyer LAP client and staff or peer counselors of
the Lawyers', LLLTs' and LPOs' Assistance Program shall be privileged against disclosure without the consent of the
la>.vyefLAP-client to the same extent and subject to the same conditions as confidential communications between a
client and psychologist.
(3) Exoneration From Liability.
(i) Bar Association and Its Agents. No cause of action shall accrue in favor of any person, arising from any
action or proceeding pursuant to these rules, against the Bar Association, or its officers or agents (including but not
limited to its staff, members of the Board of Governors, or any other individual acting under the authority of these
rules) provided only that the Bar Association, offieer or agentor individual shall have acted in good faith. The burden
of proving bad faith in this context shall be upon the person asserting it. The Bar Assoeiation shall provide defense to
any action brought against an officer or agent of the Bar Association for actions take n in good faith under these rules
and shall bear the costs of that defense and shall indemnify the officer or agent against any judgment taken therein.
(ii) Other persons. Communications to the Bar Assestatiefl, Board of Governors, staff, or any other
individual acting under the authority of these rules, are absolutely privileged, and no lawsuit predicated thereon may
be instituted against them or other person providing information.
(c) Fee Arbitration Program. [Reserved.]
(d) Law Office Management Assistance Program (LOMAP).
(1) Authorization. The Wasaington State Bar 1\ssociation is authorized to create a program to help improve the
quality of legal services by assisting lawyers. LLLTs and LPOs to better manage-better their offices and improve the
professional delivery of legal services.
(2) Confidentiality. Infomrntion obtained by Bar staff or agents of the Law Office Management Assistance
Program shall be confidential unless:
(i) the assisted lawyer, LLLT or LPO consents to disclosure;
(ii) disclosure, based upon reasonable belief, is necessary to prevent the assisted lawyer, LLLT or LPO from
committing a crime; or
(iii) pursuant to court order.
(e) Professional Responsibility Program.
(1) Authorization. The Washington State Bar Assoeiation is authorized to maintain a program to assist lawyers.._
LLLTs or LPOs in complying with the ir obligations under the Rules of Professional Conduct, thereby e nhancing the
quality of legal representation provided by Washington lawyers, LLLTs and LPOs.
(2) Professional Responsibility Counsel. " Professional responsibility counsel" denotes a lawyer employed or
appointed by the Bar Association to act as counsel on the Bar Association's behalf in performing duties under part (e)
of this rule, and any other lawyer employed or appointed by the Bar Association, including but not limited to
disciplinary counsel or general counsel, whenever such lawyer is temporarily performing those duties.
(3) Ethics Inquiries. Any member of the Bar Association, or any lawyer, LLLT, LPO or legal intern admitted,
licensed or permitted by rule to practice law in this state, may direct an ethics inquiry to professional responsibility
counsel. Such inquiries should be made by telephone to the Bar Association's designated ethics inquiry telephone line.
The provisions of this rule also apply to ethics inquiries initially submitted in writing, including facsimile, e-mail, or
other electronic means, but do not apply to requests for written ethics opinions directed to the Bar 1\ssociation's Rules
of Professional Conduct Committee on Professional Ethics or its equivalent.
(4) Scope. An inquirer may request the guidance of professional responsibility counsel in identifying, interpreting
or applying the Rules of Professional Conduct as they relate to his or her prospective ethical conduct. If the inquiry
presents a set of facts, those facts should ordinarily be presented in hypothetical forma t. Professional responsib ility
counsel provides no legal advice or opinions, and the inquirer is responsible for making his or her own decision about
the ethical issue presented. The inquiry sha ll be declined if it (i) requires analysis or resolution of legal issues other
654
than those arising under the Rules of Professional Conduct; (ii) seeks an opinion about the ethical conduct of a
~other than the inquirer; or (iii) seeks a n opinion about the ethical propriety of the inquirer's past conduct.
(5) Limitations and Inadmissibility.Neither the making of an inquiry nor the providing of infonnation by
professional responsibility counsel under this rule creates a client-lawyer relationship. Any information or opinion
provided during the course of an ethics inquiry is the informal, individual view of professional responsibility counsel
only. No infonnation relating to an ethics inquiry, including the fact that an inquiry has been made, its content, or the
response thereto, may be asserted in response to any grievance or complaint under the Rules fer EHfereemeat of
Lawyer Coaduetapplicable disciplinary rules, nor is such information admissible in any proceeding under the Ru-les-
fer Enforeemeat of Lawyer Coaduetapplicable disciplinary rules.
(6) Records. Professional responsibility counsel shall not make or maintain any pem1anent record of the identity
of an inquirer or the substance of a specific inquiry or response. Professional responsibility counsel may keep records
of the number of inquiries and the nature and type of inquiries and responses. Such records shall be used solely to aid
the Bar Assoeiatioa in developing the Professional Responsibility Program and developing additional educational
programs. Such records shall be exempt from public inspection and copying and shall not be subject to discovery or
disclosure in any proceeding.
(7) Confidentiality. Communications between an inquirer and professional responsibility counsel are confidential
and shall be privileged against disclosure except by consent of the inquirer or as authorized by the Supreme Court.
Professional responsibility counsel shall not use or reveal information learned during the course of an ethics inquiry
except as RPC 1.9 would permit with respect to information of a former client. The provisions ofRPC 8.3 do not apply
to information received by professional responsibility counsel during the course of an ethics inquiry.
(t) Communications to the Bar,A,.sseeiatiee. Communications to the Bar AssoeiatioH, Board of Governors, staff,
or any other individual acting under the authority of this rule, a re abso lutely privileged, and no lawsuit predicated
thereon may be instituted against them or other person providing infonnation.
RULE 20. DEFINITIONS RELATING TO CHARACTER AND FITNESS DETERMINATIONS
(a) Applicant. "Applicant" as used in APR 20-25.6 means every applicant for admission to practice law, for
limited admission or licensure to practice law, for enrollment in the APR 6 law clerk program. or for change of
membership class or status under the Bar.'... Assoeiatio HBylaws. In matters involving investigations or hearings
pursuant to the filing of a petition for reinstatement by a disbarred or revoked lawyer, LLLTor LPO. "Applicant" shall
also include a petitioner for reinstatement.
(b) Bar Counsel. "Bar Counsel" as used in APR 20-25 .6 means one or more lawyers employed by the Bar
AssoeiatioH who shall represent the Bar AssoeiatioH in reviewing applications for admission, readmission and
licensure or at hearings before the Character and Fitness Board and/or act as counsel to the Characte r and Fitness
Board. Bar Counsel who represents the Bar AssoeiatioH at hearings before the Character and Fitness Board may make
a recommendation in support of or in opposition to the admission, licensure. enro llment or reinstatement of an
Applicant.
(c) Good Moral Character. Good moral character is a record of conduct manifes ting the qualities of honesty,
fairness, candor, trustworthiness, observance of fiduciary responsibilities, adherence to the law, and a respect for the
rights of other persons and the judicial process.
(d) Fitness to Practice Law. Fitness to practice law is a record of conduct that establishes that the Applicant meets
the essential eligibility requirements for the practice of law.
(e) Essential Eligibility Requirements. The essential eligibility requirements for the practice of law are:
(1) The ability to exercise good judgment and to conduct oneself with a high degree of honesty, integrity, and
trustworthiness in financial dealings, legal obligations, professional relationships, and in one's professional
business.
(2) The ability to conduct oneself in a manner that engenders respect for the law and adheres to the Washington
Rules of Professional Conduct.
(3) The ability to diligently, reliably, and timely perform legal tasks and fulfi ll professional obligations to clients,
attomeyslawvers, LLLTs, LPOs, courts and others.
655
(4) The ability to competently undertake fundamental lawyeringlegal skills commensurate with the lawyer,
LLLT or LPO license applied for, such as legal reasoning and analysis, recollection of complex factual
information and integration of such information with complex legal theories, problem solving, and
recognition and resolution of ethical dilemmas; and
(5) The ability to communicate comprehensibly with clients, attorneyslawyers. LLLTs, LPOs, courts, and others,
with or without the use of aids or devices.
(t) Health Diagnosis. "Health diagnosis" as used in APR 20-25.6 means a determination or conclusion regarding
a sensory, mental, or physical condition that:
(1) Is medically cognizable or diagnosable; or
(2) Exists in a record or history; or
(3) Is perceived to exist whether or not it exists in fact.
(g) Disbarred or Disbarment. Disbarred or disbarment as used in APR 20-25.6 includes those terms as applied to
lawyers or others and also includes the terms revoked or revocation when referring to LLLT and LPO licenses.
RULE 20.1 APPLICATION OF RULES

These rules and any subsequent amendments will apply in their entirety on the effective date as ordered by the
Supreme Court to any pending matter except as would not be feasible or would work an injustice. The Chair may rule
on the appropriate procedure with a view to insuring a fair and orderly proceeding.
RULE 21. FACTORS CONSIDERED WHEN DETERMINING CHARACTER AND FITNESS

(a) Factors Considered. The following factors shall be considered when determining an Applicant's good moral
character and fitness to practice law:
(1) unlawful conduc t;

(2) academic misconduct;
(3) making of false statements or omitting material information in connection with an application for limited
admission to practice law, to sit-feftake an earexamination required for admission, or otherwise for a lioe0se licensure
or admission to the practice ef law;
(4) misconduct in employment;
(5) acts involving dishonesty, making false statements, fraud, deceit or misrepresentation;
(6) abuse of legal process;
(7) neglect of financial responsibilities;
(8) disregard of professional obligations;
(9) violation of a court order;
(10) conduct demonstrating an inability to meet one or more essential eligibility requirements for the practice of
law;
( 11) denial of admission to the bar in this or another jurisdiction on character and fitness grounds;
( 12) disciplinary action by any professional licensing or disciplinary agency of any jurisdiction;
(13) conduct that physically threatens or harms another person; and
(14) any other conduct which reflects adversely on moral charac ter or fitness of the App licant to practice law.
(b) Aggravating and Mitigating Factors. The following factors shall be considered in mitigation or aggravation
when detennining an applicant's good moral character or fitness to practice law:
( 1) Applicant's age at the time of the conduct;

(2) Recency of the conduct;
(3) Reliability of the information concerning the conduct;
(4) Seriousness of the conduct;
(5) Factors or circumstances underlying the conduct;
(6) Cumulative nature of the conduct;
(7) Candor in the admissions process and before the Character and Fitness Board;
(8) Materiality of any omissions or misrepresentations; and
(9) Evidence of rehabilitation, recovery, or remission, which may include but is not limited to the fo llowing, no
single one of which is determinative:
656
(i) absence of recent misconduct;
(ii) compliance with any disciplinary, judicial or administrative order arising out of the misconduct;
(iii) sufficiency of punishment;
(iv) restitution of funds or property, where applicable;
(v) Applicant's attitude toward the misconduct, including without limitation acceptance of responsibility and
remorse;
(vi) personal assurances, supported by corroborating evidence, of a desire and intent to engage in exemplary
conduct in the future;
(vii) constructive activities and accomplishments since the conduct in question;
(viii) the Applicant's understanding and acceptance of the factors leading to the misconduct and how similar
misconduct may be avoided in the future;
(ix) leng th of time in which the Applicant has been in recovery or remission, where applicable, and if it is Jess
than two years, expert opinion that the period of treatment, recovery or remission is adequate for the applicant to meet
the essential eligibility requirements for the practice of Jaw; and
(x) compliance with any recommended or prescribed treatment plans.
(c) Non-Discrimination Policy. In determining good moral character and fitness to practice Jaw, the Bar
Association and the Character and Fitness Board shall not discriminate against any applicant on the basis of:
( I) Race, color or ethnic identity;

(2) Gender or gender identity;
(3) Sexual orientation;
(4) Marital status;
(5) Creed or religion;
(6) Political beliefs or affiliation;
(7) Sensory, mental or physical disability;
(8) National origin;
(9) Age;
( 10) Honorably discharged veteran or military status;
( 11) Use ofa trained service animal by a person with a disability; or
(12) Any other class protected under state or federal Jaw.
RULE 22. CHARACTER AND FITNESS REVIEW OF APPLICATIONS FOR ADMISSION; APPLICANT
DUTIES AND RIGHTS
RULE 22.1 REVIEW OF APPLICATIONS
(a) Admissions Staff Review. All applications for admission or licensure to practice law in Washington state or
to change membership class or status with the Bar Association, and all petitions for readmission to the practice of law
in Washington state shall be reviewed by the Bar Association admissions staff for purposes of determining whether
any of the factors set forth in Rule 21 (a) are present.
(b) Referral to Bar Counsel--Standard. All applications and petitions which reflect one or more of the factors
set forth in Rule 21(a) shall be referred to Bar Counsel for review.
(c) R eview By Bar Counsel. Upon receiving a referral from theBar admissions staff, Bar Counsel may conduct
such further investigation as he or she deems necessary. Bar counsel may issue subpoenas to compel attendance of an
applicant or witness, or the production of books, documents, or other evidence, at a deposition or hearing. Subpoenas
shall be served in the same manner as in civi l cases in the superior court. Any investigation or inquiry into a health
d iagnosis, alcohol or drug dependence, or treatment for either must comply with sections (e) and (t) of this Rule.
(d) Referral for Hearing-Standard. Bar Counsel shall refer to the Character and Fitness Board for hearing
any Applicant about whom there is a substantial question whether the Applicant possesses the requisite good moral
character and fitness to practice law. In determining whether a substantial question exists, Bar Counsel shall apply the
657
factors and considerations set forth in Rule 2 1(a) and review the material evidence in the light most favorable to the
Bar Assoeiatioa's obligation to recommend the Iicensure or admission to the practice of law of only those persons who
possess good moral character and fitness to practice law.
(e) Basis for Inquiry into Health Diagnosis and Drug or Alcohol Dependence. Any inquiry by the Bar
Assoeiatioa or the Character and Fitness Board about drug or alcohol dependence, a health diagnosis, or treatment for
either can occur only if it appears that the Applicant has engaged in conduct that demonstrates the inability to meet one
o r more of the essential eligibility requirements and ( 1) the drug or alcohol dependence, health diagnosis, or treatment
information was disclosed voluntarily to explain the conduct or as a voluntary response to any question on the
application; or (2) the Assoeiatioa or the Character and Fitness Board learns from a third-party source that the drug or
alcohol dependence, health diagnosis, or treatment was raised as an explanation for the conduct.
(f) Scope of Inquiry into Health Diagnosis and Drug or Alcohol Dependence. When a basis for an inquiry by
the Bar Assoeiatioa or the Character and Fitness Board has been established under section (e), any such inquiry must
be narrowly, reasonably, and individually tailored and adhere to the following:
(1) The first inquiry will be to request statements from the Applicant;
(2) Following completion of the inquiry in section (f)( 1) above, additional statements may be requested from
treatment providers if reasonably deemed necessary by the Bar Assoeiatioa or the Character and Fitness Board. The
statements of treatment providers shall be accorded considerable weight; and
(3) In those cases in which the statements from the Applicant and treatment providers do not resolve reasonable
concerns about the Applicant's ability to meet the essential eligibility requirements, the Bar Assoeiatioa or Character
and Fitness Board may seek medical or treatment records. Any requests for medical or treatment records shall be by
way of narrowly tailored requests and releases that provide access only to information that is reasonably necessary to
assess the Applicant's ability to meet the essential eligibility requirements.
(4) Any testimony or records from medical or other treatment providers may be admitted into evidence at a
hearing on, or review of, the Applicant's fitness and transmitted with the record on review to the Disciplinary Board
and/or the Supreme Court. Records and testimony regarding the Applicant's fitness shall otherwise be kept
confidential in all respects and neither the records nor the testimony of the medical or treatment provider shall be
discoverable or admissible in any other proceeding or action without the written consent of the Applicant.
R ULE 22.2 APPLICANT D UTIES AND RIGHTS
(a) Duty of Applicant. It shall be the duty of every Applicant to cooperate in good faith with any investigation by
promptly furnishing written or oral explanations, documents, releases, authorizations, or anything else reasonably
required by Bar Counsel, the Bar Assoeiatioa or the Character and Fitness Board consistent with these rules. Failure to
appear as directed or to furnish additional proof or answers as required or to cooperate fully shall be sufficient reason
for the Board to reject or recommend the rejection of an application.
(b) Ap plican t Contact with Char acter and Fitness Board. Applicants shall not have direct contact with any
member of the Character and Fitness Board from the time the Applicant's application is filed with the Bar Assoeiatioa
until the matter is finally resolved by the Character and Fitness Board or the Supreme Court, except to the extent direct
contact is required during the hearing. If the Applicant believes that communication with the Character and Fitness
Board is necessary outside the hearing, such communication shall take place through Bar Counsel. If the App licant
believes that contact about the Applicant's matter with members of the Character and Fitness Board is necessary after
the matter is finally resolved by the Character and Fitness Board or the Court, such contact should be made only
through Bar Counsel.
(c) Applicant Right to Counsel. An applicant may be represented by counsel at any time during the application
process.
R ULE 23. CHARACTER AND FITNESS BOARD
(a) Composition. The Character and Fitness Board shall consist of not less than three community representatives
who are not la'<vyerslicensed to practice law, appointed by the Supreme Court, and not less than one lawyer, LLLT or
LPO member from each congressional district, appointed by the Board of Governors. The validity of the Character and
658
Fitness Board's actions is not affected ifthe Character and Fitness Board's makeup differs from the stated constitution
due to a temporary vacancy in any of the specified positions.
(b) Qualifications. Lawyer, LLLT or LPO members must be active lawyers, LLLTs or LPOsmemeers of the Bar
Assoeiation and have been active memeers of the Bar Assoeiation for at least 5 years.
(c) Character and Fitness Board Chair. The Board of Governors shall annually designate one lawyer member
of the Character and Fitness Board to act as chair and another as vice-chair. The vice-chair shall serve as chair in the
absence of or at the request of the chair. If both the chair and the vice-chair will be absent from a meeting or hearing,
the chair may appoint another member of the Character and Fitness Board to serve as chair pro tern at any hearing.
{d) Vacancies. Vacancies in lawyer membership on the Character and Fitness Board and in the office of the chair
and vice-chair shall be filled by the Board of Governors. Vacancies in community representative membership shall be
filled by the Supreme Court. A person appointed to fill a vacancy shall complete the unexpired term of the person he or
she replaces, and if that unexpired term is less than 24 months he or she may be reappointed to a consecutive term.
(e) Quorum. A majority of the Character and Fitness Board members shall constitute a quorum. Given a quorum,
the concurrence of a majority of those present shall constitute action of the Character and Fitness Board. In the event a
quorum is not present, Bar Counsel and the Applicant may agree to waive the requirement of a quorum.
(t) Disqualification. In the event a grievance is made to the Bar Assoeiation alleging an act of misconduct by a
lawyer, LLLT or LPO member of the Character and Fitness Board, the procedures specified in ELC 2.3(b)(5) shall
apply.
(g) Pro Tern pore Members. When a member of the Character and Fitness Board is disqualified or unable to
function on a case for good cause, the chair of the Character and Fitness Board may, by written order, designate a
member pro tempore to sit with the Character and Fitness Board to hear and determine the cause. A member pro
tempore may be appointed from among those persons who have previously served as members of the Character and
Fitness Board (or its predecessor Character and Fitness Committee), or from among lawyers, LLLTs or LPOs
appointed as alternate Character and Fitness Board members by the Board of Governors and community
representatives appointed as alternate Character and Fitness Board members by the Supreme Court. A lawyer, LLLTs
or LPO shall be appointed to substitute for a lawyer, LLLT or LPO member of the Character and Fitness Board, and a
community representative to substitute for a community representative member of the Character and Fitness Board.
(h) Voting. Each member, whether community representative or lawyer, LLLT or LPO, shall have one vote.
(i) Terms of Office. The term of office for a member of the Character and Fitness Board shall be 3 years. Newly
created Character and Fitness Board positions may be filled by appointments of less than 3 years, as designated by the
Supreme Court or the Board of Governors, to permit as equal a number of positions as possible to be fi lled each year.
All terms of office begin October 1 and end September 30 or when a successor has been appointed, whichever occurs
later. Members may not serve more than two nonconsecutive tem1s with a minimum of three years between terms
except as otherwise provided in these rules. Members shall continue to serve until replaced.
RULE 23.1. AUTHORITY OF CHARACTER AND FITNESS BOARD
(a) The Character and Fitness Board shall have the power and authority to:
(1) Conduct hearings concerning matters of character and fitness bearing upon the qualification of Applicants
referred to the Character and Fitness Board by Bar Counsel and of all petitioners for reinstatement;
(2) Request medical or other treatment records, hear testimony from and ask questions of medical or other
treatment providers in accordance with Rule 22. l(e) and (f);
(3) Request an Applicant to submit to an Independent Medical Examination in accordance with Rule 24.1 (f);
(4) Recommend the approval or denial of an Applicant's application after hearing;
Redline Admission and Prac tice Rules (APR) September 20 16 Page 48
659
(5) Issue subpoenas to compel attendance of an applicant or witness. or the production of books. documents, or
other evidence. at a deposition or hearing. on the Character and Fitness Board's behalf or at the request of an
Applicant. Subpoenas shall be served in the same manner as in civil cases in the superior court: and,
Perform such other functions and take such other actions as provided in these rules or as may be delegated
to it by the Board of Governors or Supreme Court, or as may be necessary and proper to carry out its duties.
(b) No Character and Fitness Board member shall offer an opinion to an Applicant on whether the Applicant's record
establishes good moral character and fitness to practice law until after the completion of a hearing regarding that
App licant's application or petition.
RULE 23.2 MEETINGS
The Character and Fitness Board shall hold meetings at such times and places as it may determine. Where the chair of
the Character and Fitness Board determines that prompt action is necessary for protection of the public, and that
circumstances do not permit a full meeting of the Character and Fitness Board, the Character and Fitness Board may
vote on a matter otherwise ready for review without meeting together, through telephone, electronic or written
communication.
RULE 23.4 CLERK
The Executive Director of the Bar Assoeiatioa may appo int a suitable person or persons to act as Clerk to the
Character and Fitness Board, and to assist the Character and Fitness Board in carrying out its fu nctions under these
rules.
RULE 23.5. SERVICE
Unless otherwise agreed by the parties in writing, service of papers and documents shall be made by first class postage
prepaid mail to the Applicant's, or his or her counsel's, last known address on record with the Bar Assoeiatioa. If
properly made, service by mail is deemed accomplished on the date of the mailing. Any notice of change of address
shall be submitted in writing to the Bar Assoeiatioa.
RULE 24. CHARACTER AND FITNESS BOARD HEARINGS
RULE 24.1 HEARING PROCEDURE
(a) Notice. The Character and Fitness Board may fix a time and place fo r a hearing on the application, and Bar
Counsel shall serve notice thereof not less than 30 days prior to the hearing upon the Applicant and upon such other
persons as may be ordered by the Character and Fitness Board. This notice requirement may be waived by the
Applicant.
(b) Appearance and Right to Counsel. Applicants shall appear in person at any hearing before the Character and
Fitness Board, unless the Applicant's presence is waived by the Character and Fitness Board for good cause shown.
The presumption is that the Applicant's personal attendance at the hearing will be required. An Applicant may be
represented by counsel.
(c) Burden of Proof. An Applicant must establish by clear and convincing evidence that he or she is of good
moral character and possesses the requisite fitness to practice law.
(d) Proceedings Not Civil or Criminal. Hearings before the Character and Fitness Board are not civil or criminal
but are sui generis hearings to determine whether an Applicant is of good moral character and possesses the requisite
fitness to practice law.
(e) Rules of Evidence.
660
(1) Evidentiary rulings shall be made by the Character and Fitness Board chair. A majority of Character and
Fitness Board members present may by vote overrule a ruling by the chair.
(2) Consistent with section (d) of this rule, evidence, including hearsay evidence, is admissible if in the chair's
judgment it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their
affairs. The chairperson may exclude evidence that is irrelevant, immaterial, or unduly repetitious.
(3) Witnesses shall testify under oath; all testimony shall be transcribed by a certified court reporter.
(4) Expert witnesses shall appear and testify in person or by telephone or video conference before the Character
and Fitness Board, unless in the discretion of the Character and Fitness Board their appearance before the Character
and Fitness Board is waived.
(5) Generally, all documentary evidence to be submitted to the Character and Fitness Board for consideration
must be delivered to Bar Counsel not less than 30 days prior to the hearing. Bar Counsel will provide copies of all
documentary evidence, and any hearing briefs, memoranda, or other documentary material, to the Character and
Fitness Board members and to the Applicant prior to the hearing date.
(6) The Character and Fitness Board may take notice of any judicially cognizable facts, or technical or scientific
facts within a Character and Fitness Board member's specialized knowledge.
(7) Questioning of the Applicant and the Applicant's witnesses shall be conducted by Bar Counsel, by members of
the Character and Fitness Board, and by the Applicant or the Applicant's counsel.
(8) The Character and Fitness Board may question medical or other treatment providers and seek medical or other
treatment records consistent with the provisions of Rule 22.l(e), 22.l(f) and Rule 24.l(f).
(f) Independent Medical Examination. An independent medical examination may be requested by the
Character and Fitness Board only when a basis for an inquiry by the Character and Fitness Board exists under Rule
22. l (e) and only after testimony and evidence presented at the hearing has failed to resolve the Character and Fitness
Board's reasonable concerns regarding the Applicant's ability to meet the essential eligibility requirements to practice
law. If the applicant has not previously been requested to provide information under APR 22.l(f)(l), (2) and (3), the
Character and Fitness Board shall provide the applicant with the opportunity to submit such information, within such
reasonable timelines as the Character and Fitness Board shall establish, prior to requesting the independent medical
examination.
( 1) Time and Place. Any independent medical examination shall occur at a time and place convenient to the applicant
and shall be conducted by a provider mutually agreed upon by the applicant and the Bar Assoeiatioa.
(2) Failure to Comply: The failure of an Applicant to agree to or submit to a required independent medical
examination shall result in the Applicant's application or petition being denied.
(3) Costs: The cost of any independent medical examination required by the Character and Fitness Board shall be
borne by the Bar Association.
(4) Report: The examining professional shall issue a written report of his or her findings which report shall be
provided to the Applicant and his or her counsel, Bar Counsel and the Character and Fitness Board.
(5) Confidentiality of IME: Any report and testimony of an examining professional may be admitted into evidence at
a hearing on, or review of, the Applicant's fitness and transmitted with the record on review to the Disciplinary
Board and/or the Supreme Court. Reports and testimony regarding the Applicant's fitness shall otherwise be kept
confidential in all respects and neither the report nor the testimony of the examining professional shall be
discoverable or admissible in any other proceeding or action without the consent of the Applicant.
661
(6) Rebuttal to IME: Applicants shall have the right to provide rebuttal medical information from their treating
clinicians if such information is provided within thirty (30) days from the receipt of the independent medical
examination report provided pursuaRt to seetioe (i).
(g) Confidentiality: All hearings and documents before the Character and Fitness Board on applications for
admission or limited admissioR to the Bar AssoeiatioRlicensure to practice law, admissioR toenrollment in the law
clerk program, and return to active membership are confidential, but may be provided to the Disciplinary Board or
Supreme Court in connection with any appeal or review, or to other entities with the written consent of the applicant.
RULE 24.2. DECISION AND RECOMMENDATION
(a) Decision. Within 30 days after the proceedings are concluded, or if a transcript is ordered, within 30 days after
the transcript is received by the Character and Fitness Board, unless a greater or shorter period is directed by the
Character and Fitness Board chair, the Character and Fitness Board will file with the Bar 1\ssoeiation writte n findings
of fac t, conclusions of law, and a recommendation. Any C haracter and Fitness Board member or members may file a
written dissent within the same time period.
(b) Action on Character and Fitness Board Recommendation. The recommendation of the Character and
Fitness Board shall be served upon the Applicant pursuant to Rule 23.5.
( l) If the Character and Fitness Board recommends admission, the record, recommendation and all exhibits shall
be transmitted to the Supreme Court for disposition.
(2) If the Character and Fitness Board recommends against admission, the record and recommendation shall be
retained in the office of the Bar Asso eiatioR unless the Applicant requests that it b e submitted to the Supreme Court by
filing a Notice of Appeal with the Character and Fitness Board within 15 days of service of the recommendation of the
Character and Fitness Board. If the Applicant so requests, the Character and Fitness Board will transmit the record,
including the transcript, exhibits, and recommendation to the Supreme Court for review and disposition. The
Applicant must pay to the Supreme Court any fee required by the Court in connection with the appeal and review.
(c) Reapplication. No application fo r admission or a license to practice law may be filed within a period of one
year after a decision of the Character and Fitness Board recommending against admission or licensure that is not
appealed to the Supreme Court, and the Bar l\ssoeiatioR shall maintain a record of the application, hearing and
Character and Fitness Board recommendation in the Bar Assoeiation records.
RULE 24.3. ACTION ON SUPREME COURT'S DETERMINATION
(a) Application Approved. If the application is approved by the Supreme Court, admission shall be subject to the
Applicant's taking and passing any required qualifying examinations and complying with all other requireme nts for
admission or the license to practice law.
(b) Application Denied. If the application is denied, the Bar AssoeiatioR shall maintain a record of the
application, hearing, and appeal in the Bar AssooiatioR records. No new petition fo r admission or a license to practice
law shall be filed within a period of one year after the date of the Supreme Court decision denying the application.
RULE 25. PETITIONS FOR REINSTATEMENT AFTER DISBARMENT

RULE 25.1. RESTRICTIONS ON REINSTATEMENT
(a) Petitions For Reinstatement. All Petitions for Reinstatement after D isbarment shall be referred fo r hearing
before the Character and Fitness Board. The provisions of Rules 20 through 24.3 shall apply to Petitions for
Reinstatement unless otherwise provided for in rules 25 through 25 .6.
(b) When Petition May Be Filed. No petition fo r reinstatement shall be filed within a period of five years after
disbarment or w ithin a period of two years after an adverse decision of the Supreme Court upon a forme r petition, or
after an adverse recommendation of the Character and Fitness Board or the Disciplinary Board on a former petition
when that recommendation is not submitted to the Supreme Court. If prior to disbam1ent the lawyer, LLLT or LPO
was suspended from the practice of law pursuant to the provisions of T itle 7 of the Rules for Enforcement of Lawyer
Red line Admission and Practice Rules (APR) September 20 16 Page 5 1
662
Conduct, or any comparable rule, the period of such suspension shall be credited toward the five years referred to
above.
(c) When Reinstatement May Occur. No disbarred lawyer, LLLT or LPO may be reinstated sooner than six
years following disbarment. If prior to disbarment the lawyer, LLLT or LPO was suspended from the practice of law
pursuant to the provisions of Title 7 of the Rules for Enforcement of Lawyer Conduct, or any comparable rule, the
period of such suspension shall be credited toward the six years referred to above.
(d) Payment of Obligations. No disbarred lawyer, LLLT or LPO may file a petition for reinstatement until costs
and expenses and restitution ordered by the Disciplinary Board or the Supreme Court have been paid and until
amounts paid out of the Lawyers' Fund for Client Protection Fund for losses caused by the conduct of the Petitioner
have been repaid to the client protection fund, or until periodic payment plans for costs and expenses, restitution and
repayment to the client protection fund have been entered into by agreement between the Petitioner and disciplinary
counsel. A Petitioner may seek review by the Chair of the Disciplinary Board of an adverse determination by
disciplinary counsel regarding the reasonableness of any such proposed periodic payment plan. Such review will
proceed as directed by the Chair of the Disciplinary Board and the decision of the Chair of the Disciplinary Board is
final unless the Chair of the Disciplinary Board determines that the matter should be reviewed by the Disciplinary
Board, in which case the Disciplinary Board review will proceed as directed by the Chair and the decision of the
Disciplinary Board will be final.
RULE 25.2. REVERSAL OF CONVICTION
If a lawyer, LLLT or LPO has been disbarred solely because of his or her conviction of a crime and the conviction is
later reversed and the charges dismissed on their merits, the Supreme Court may in its discretion, upon direct
application by the lawyer, LLLT or LPO, enter an order reinstating the lawyer, LLLT or LPO upon such conditions as
determined by the Supreme Court. At the time such direct application is filed with the court a copy shall be filed with
the Bar Assoeiation. The Supreme Court may request a response to the application from the Bar Assoeiation.
RULE 25.3. PETITIONS AND INVESTIGATIONS
(a) Form of Petition. A petition for reinstatement after disbarment shall be in writing and filed with the Bar
Assoeiation. The petition shall set forth the residence and address of the Petitioner, the date of disbarment, and a
concise statement of facts claimed to justify reinstatement. The petition shall be accompanied by the total fees required
of a lawyer, LLLT or LPO Applicant for admission under these rules, and by a completed application for admission.
(b) Investigations. The petition for reinstatement shall be referred to the Character and Fitness Board for hearing.
Bar Counsel and BarAdmissions staff shall conduct such investigation as appears necessary, and in accordance with
APR 20-24.3.
(c) Duty to Cooperate. It shall be the duty of every Petitioner to cooperate in good faith with any investigation by
required by the Character and Fitness Board or Bar Counsel. Failure to appear as directed or to furnish additional proof
or answers as required or to cooperate fully shall be sufficient reason for the Board to recommend the rejection of a
petition. .
(d) Proceedings Public. A petition for reinstatement after disbarment shall be a public proceeding from the time
the petition is filed.
(e) Protective Orders. To protect a compelling interest, a Petitioner may, on a showing of good cause, move for
a protective order prohibiting the disclosure or release of specific information, documents, or pleadings, and directing
that the proceedings be conducted so as to implement the order.
RULE 25.4. HEARING BEFORE CHARACTER AND FITNESS BOARD
(a) Notice. The Character and Fitness Board may fix a time and place for a hearing on the petition, and Bar
Counsel shall serve notice thereof not less than 30 days prior to the hearing upon the Petitioner and upon such other
persons as may be determined by Bar Counsel or as ordered by the Character and Fitness Board. Notice of the hearing
shall also be published at least once in the Bar Assoeiation's official publicationmembers' magazine and such other
newspaper or periodical as the Character and Fitness Board may direct. Such published notice shall contain a
statement that a petition for reinstatement has been filed and shall give the date fixed for the hearing.
(b) Statement in Support or Opposition. On or prior to the date of hearing, anyone wishing to do so may file
with the Character and Fitness Board a written statement for or against the petition, such statements to set forth factual
matters showing that the Petitioner does or does not meet the requirements for reinstatement as set forth in these rules.
(c) Hearings. Hearings shall be conducted pursuant to Rule 24. l except to the extent that provis ions of rules
25-25.6 conflict with the provisions of Rule 24.1, and except that such hearings shall be public.
RULE 25.5. ACTION BY CHARACTER AND FITNESS BOARD
663
(a) Requirements for Favorable Recommendation. Reinstatement may be recommended by the Character and
Fitness Board only upon a showing, supported by clear and convincing evidence, that the Petitioner possesses the
requisite good moral character and fitness to practice law as set forth in these rules and that the Petitioner has been
rehab ilitated.
(b) Rehabilitation--Factors Considered by the Character and Fitness Board. In reaching the decision of
whether the Petitioner has been rehabilitated, the Character and Fitness Board shall consider the fac tors set forth in
Rule 21(b), where applicable, and the following factors:
(i) The Petitioner's character, standing, and professional reputation in the community in which the Petitioner
resided and practiced prior to disbarment;
(ii) The ethical standards which the Petitioner observed in the practice of law;
(iii) The nature and character of the conduct for which the Petitioner was disbarred;
(iv) The sufficiency of the punislunent undergone in connection therewith, and the making or failure to make
restitution where required;
(v) The Petitioner's attitude, conduct, and reformation subsequent to disbarment;
(vi) The time that has elapsed since disbannent;
(vii) The Petitioner's current proficiency in the law; and
(viii) The sincerity, frankness, and truthfulness of the Petitioner in presenting and discussing the factors relating to
the Petitioner's disbarment and reinstatement.
(c) Non-Discrimination. The Bar Assoeiatioa and the Character and Fitness Board shall not discriminate against
any petitioner based on the factors in Rule 2l(c).
(d) Action on Character and Fitness Board Recommendation. The recommendation of the Character and
Fitness Board shall be served upon the Petitioner pursuant to Rule 23.5. If the Character and Fitness Board
recommends reinstatement, the record and recommendation shall be transmitted to the Supreme Court for disposition.
If the Character and Fitness Board recommends against reinstatement, the record and recommendation shall be
retained in the office of the Bar Assoeiatioa unless the Petitioner requests that it be submitted to the Disciplinary Board
by filing with the Clerk of the Disciplinary Board a request for Disciplinary Board review within 15 days of service of
the recommendation of the Character and Fitness Board. If the Petitioner so requests, the record and recommendation
shall be transmitted to the Disciplinary Board for disposition and the review will be conducted under the procedure of
rules 11 . 9 and 11 .12 of the Rules for Enforcement of Lawyer Conduct. If the Petitioner does not so request, the record
and recommendation shall be retained in the records of the Bar Assoeiatioa and the Petitioner shall still be responsible
for payment of the costs incidental to the reinstatement proceeding as directed by the Character and Fitness Board.
(e) Action on Disciplinary Board Recommendation. The recommendation of the Disciplinary Board shall be
served upon the Petitioner. If the Disciplinary Board recommends reinstatement, the record and recommendation shall
be transmitted to the Supreme Court for disposition. If the Disciplinary Board recommends against reinstatement, the
record and recommendation shall be retained in the office of the Bar Assoeiatioa unless the Petitioner requests that it
be submitted to the Supreme Court by filing with the Clerk of the Disciplinary Board a request for Supreme Court
review within 30 days of service of the recommendation. If the Petitioner so requests, the record and recommendation
shall be transmitted to the Supreme Court for disposition. If the Petitioner does not so request, the record and the
recommendation shall be retained in the records of the Bar Assoeiatioa and the Petitioner shall still be responsible for
payment of the costs incidental to the reinstatement proceeding as directed by the Disciplinary Board under the
procedure of rule 13.9 of the Rules for Enforcement of Lawyer Conduct.
(a) Petition Approved. If the petition for reinstatement is approved by the Supreme Court, the reinstatement shall
be subj ect to the Petitioner's taking and passing the 6aT examination required for the relevant license type, completing
all requirements for admission, paying to the Bar Associatioa it's the required license fee in the appropriate amount for
the current year plus any mandatory assessments, and paying the costs incidental to the reinstatement proceeding as
directed by the Supreme Court.
(b) Petition Denied. If the petition for reinstatement is denied, the Petitioner shall still be responsible fo r payment
of the costs incidental to the reinstatement proceeding as directed by the Supreme Court.
RULE 26. INSURANCE DISCLOSURE

(a) Each active ~member of the Bar Assoeiatioa shall certify annually in a form and manner approved by
the BarBoard of Governors by the date specified by the Barferm ( 1) whether the lawyer is engaged in the private
practice of law; (2) if engaged in the private practice of law, whether the lawyer is currently covered by professional
liab ility insurance; (3) whether the lawyer intends to maintain insurance during the period of time the lawyer is
Redline Admission and Practice Ru les (APR) September 2016 Page 53
664
engaged in the private practice of law; and (4) whether the lawyer is engaged in the practice of law as a full-time
govenunent lawyer or is counsel employed by a n organizational client and does not represent clients outside that
capacity. Each active lawyer admitted to the actiYe practice of law who reports being covered by professional liability
insurance shall certify in a form and manner prescribed bj'Hettfy the Bar Associatiofl in writing within 30 days if the
insurance policy providing coverage lapses, is no longer in effect o r terminates for any reason.
(b) The information submitted pursuant to this rule will be made available to the public by such means as may be
designated by the BarBoard ofGo,remors, which may include publication on the website maintained by the Bar
Assoeiatiofl.
(c) Any active lawyer admitted to the active practice oflav,r who fails to comp ly with this rule by the date specified
by the Bar ifl sectiofl (a) may be ordered suspended from the practice of law by the Supreme Court until such time as
the lawyer complies. Supplying false infonnation in response to this rule shall subject the lawyer to appropriate
disciplinary action.
RULE 27. PROVISION OF LEGAL SERVICES FOLLOWING DETERMINATION OF MAJOR

DISASTER
(a) Determination of Existence of Major Disaster. Solely for purposes of this Rule, the Supreme Court shall
determine when an emergency affecting the justice system, as a result of a natural or other major disaster, has occurred
in:
( 1) Washington and whether the emergency caused by the major disaster affects the entirety or only a part of the
State of Washington, or
(2) another jurisdiction, but only after such a determination and its geographical scope have been made by the
highest court of that jurisdiction. The authority to engage in the temporary practice of law in Washington pursuant to
paragraph (c) shall extend only to lawyers who principally prac tice in the area of such other jurisdiction detennined to
have suffered a major disaster causing an emergency affecting the justice system and the provision of legal services.
(b) Temporary Practice in Washington Following Major Disaster in Washington. Following the
detennination of an emergency affecting the justice system in Washington pursuant to paragraph (a) of this Rule, or a
determination that persons displaced by a major disaster in another jurisdiction and residing in Washington are in need
of pro bono services and the assistance of lawyers from outside of Washington is required to help provide such
assistance, a lawyer authorized to practice law in another United States jurisdiction, and not disbarred, suspended from
practice or otherwise restricted from practice in any jurisdiction, may provide legal services in Washington on a
temporary basis. Such legal services must be provided on a pro bono basis without compensation, expectation of
compensation or other direct or indirect pecuniary gain to the lawyer. Such legal services shall be supervised by a
lawyer licensed to practice in Washington and assigned by a qualified legal services provider as defined in APR !Rule
8{ej or as otherwise ordered by the Supreme Court. A qualified legal services provider shall be entitled to receive all
court-awarded attorney's fees for any representation rendered by the assigned lawyer pursuant to this Rule. When a
lawyer authorized to practice under this rule signs correspondence or p leadings, the lawyer's signature shall be
followed by the title "active disaster re lief lawyer."
(c) Temporary Practice in Washington Following Major Disaster in Another Jurisdiction. Following the
detem1ination of a major disaster in another United States jurisdiction, a lawyer who is authorized to practice law and
who principally practices in that affected jurisd iction, and who is not disbarred, suspended from practice or otherwise
restricted fro m practice in any jurisdiction, may provide legal services in Washington on a temporary basis. Those
legal services must arise out of and be reasonably related to that lawyer's practice of law in the jurisdiction, or area of
such other jurisdiction, where the maj or disaster occurred.
(d) Duration of Authority for T emporary Practice. The authority to practice law in Washington granted by
paragraph (b) of this Rule shall end whe n the Supreme Court determines that the emergency affecting the justice
system caused by the maj or disaster in Washington has ended except that a lawyer then representing clients in
Washington pursuant to paragraph (b) is authorized to continue the provision of legal services for such time as is
reasonably necessary to complete the representation, but the lawyer shall not thereafter accept new clients. The
authority to practice law in Washington granted by paragraph (c) of this Rule shall end 60 days after the Supreme
Court declares that the emergency affecting the justice system caused by the maj or disaster in the affected jurisdiction
has ended.
(e) Court Appearances. The authority granted by this Rule does not include appearances in court except:
( 1) pursuant to Rule 8(b) and, if such authority is granted, any fees for such admission shall be waived; or
Red line Admission a nd Prac tice Rules (APR) September 20 16 Page 54
665
(2) ifthe Supreme Court, in any determination made under paragraph (a) ofthis Rule, grants blanket pemlission to
appear in all or designated courts of Washington to lawyers providing legal services pursuant to paragraph (b) of this
Rule. If such an authorization is included, any admission fees shall be waived.
(0 Disciplinary Authority and Registration Requirement and Approval. Lawyers providing legal services in
Washington pursuant to paragraphs (b) or (c) are subject to the disciplinary authority of Washington and the
Washington Rules of Professional Conduct as provided in Rule 8.5 of the Rules of Professional Conduct. Lawyers
providing legal services in Washlngton under paragraphs (b) or (c) must file a registration statement with the
WashiRgton State Bar Assoeiation. The registration statement shall be in a form prescribed by the Bar Assoeiation.
Any lawyer seeking to provide legal services pursuant to this rule must be approved by the Supreme Court before
being authorized to provide such legal services. Any lawyer who provides legal services pursuant to this Rule shall not
be considered to b e engaged in the unlawful practice of law in Washington.
(g) Notification to Clients. Lawyers licensed to practice law in another United States jurisdiction who provide
legal services pursuant to this Rule shall inform clie nts in Washington of the jurisdiction in which they are licensed to
practice law, any limits on that license, and that they are not authorized to practice law in Wasllington except as
pennitted by tllis Rule. They shall not state or imply to any person that they are otherwise licensed to practice law in
Washington.
R ULE 28. LTh1ITED PRACTICE R ULE FOR LTh1ITED LICENSE LEGAL TECHNICIANS
A. Purpose. The Civil Legal Needs Study (2003), commissioned by the Supreme Court, clearly established that
the legal needs of the consuming public are not currently being met. The public is entitled to be assured that legal
services are rendered only by qualified trained legal practitioners. Only the legal profession is authorized to provide
such services. The purpose of this rule is to authorize certain persons to render limited legal assistance or advice in
approved practice areas of law. Thls rule shall prescribe the conditions of and limitations upon the provision of such
services in order to protect the public and ensure that only trained and qualified legal practitioners may provide the
same. This rule is intended to permit trained Limited License Legal Technicians to provide limited legal assistance
under carefully regulated circumstances in ways that expand the affordability of quality legal assistance which
protects the public interest.
B. Definitions. For purposes of this rule, the following definitions will apply:
(1) "APR" means the Supreme Court's Admission to Practice Rules.
(2) "LLLT Board" wheR used aloRe means the Limited License Legal Technician Board.
(3) "Lawyer" means a person licensed as a lawyer and eligible to practice law in any United States jurisdiction.
(4) " Limited License Legal Technician" (LLLT) means a person qualified by education, training and work
experience who is authorized to engage in the limited practice oflaw in approved practice areas of law as specified by
this rule and related regulations. The legal technician does not represent the client in court proceedings or negotiations,
but provides limited legal assistance as set forth in this rule to a pro se client.
(5) "Paralegal/legal assistant" means a person qualified by education, training, or work experience; who is
employed or retained by a lawyer, law office, corporation, governmental agency, or other entity; and who performs
specifically delegated substantive law-related work for which a lawyer is responsible.
(6) "Reviewed and approved by a Washington lawyer" means that a Washington lawyer has personally supervised
the legal work and documented that supervision by the Washington lawyer's signature and bar number.
(7) "Substantive law-related work" means work that requires knowledge of legal concepts and is customarily, but
not necessarily, performed by a lawyer.
(8) "Supervised" means a lawyer personally directs, approves; and has responsibility for work performed by the
Limited License Legal Technician.
(9) "Washington lawyer" means a person licensed and eligible to practice law in Washington and who is an active
or emeritus pro bono lawyer member of the Washington State Bar Assoeiation.
(IO) Words of authority:
(a) "May" means "has discretion to," " has a right to," or " is permitted to."
(b) " Must" or "shall" means "is required to."
(c) "Should" means "recommended but not required."
C. Limited License Legal Technicia n Board
( 1) Establishment. There is hereby established a Limited License Legal Technician Board (LLLT B oard). T he_
LLLT Board shall consist of+.; 15 voting me mbers appointed by the Supreme Court of the State of Washiagtoa, RiRe
of whom shall be aetive WashiagtoR lawyers, aRd four of Nhom shall be aonlavl)'er . and one non-voting ex officio
1
member who is a representative of the Washington State B oard of Community and Technical Colleges. At least one
Red line Admission a nd Practice Rules (APR) September 20 16 Page 55
666
member shall be a legal educator. At least 11 members shall be Washington lawyers, LLLTs or LPOs. Of those 11
members, at least nine shall be active lawyers or LLLTs, and no more than two may be LPOs. or judicial or emeritus
pro bono lawyers or LLLTs. Four members of the LLLT Board shall be Washington residents who do not have a
license to practice law. The members shall initially be appointed to staggered terms of one to three years. Thereafter,
aAppointments shall be for staggered three year terms. No member may serve more than two consecutive full three
year terms. The validity of the Board's actions is not affected if the Board 's makeup d iffe rs from the stated
constitution due to a temporary vacancy in any of the specified positions.
(2) LLLT Board Responsibilities. The LLLT Board shall be responsible for the following:
(a) Recommending practice areas oflaw fo r LLLTs, subj ect to approval by the Supreme Court;
(b) Processing applications and fees, and screening applicants;
tej Working with the Bar and other appropriate entities to select, create, maintain, and grade Administering the
examinations required under this rule which shall, at a minimum, cover the rules of professional conduct applicable
to LLLTs, rules relating to the attorney-client privilege, procedural rules, and substantive law issues related to ene-
or more approved practice areas;
(d) Determining LLLT Continuing Legal Education (LLLT CLE) requirements and approYal of LLLT CLE
programs;
~e) Approving education and experience requirements for licensure in approved practice areas;
(Qf) Establishing and overseeing committees and tenure of members;
(g) Establishing and collecting examination fees, LLLT CLE fees, aRRual license fees, and other fees in such
amounts approved by the Supreme Court as are necessary to carry out the duties and responsibilities of the Board;
(~h) Establishing and maintaining criteria fo r approval of educational programs that offer LLLT core curriculum;
and
(ffi) Such other activities and functions as are expressly provided fo r in this rule.
(3) Rules and Regulations. The LLLT Board shall propose rules, and-regulations and amendments to these rules and
regulations, to implement and carrv out the provisions of this, fo r adoption by the Supreme Court" thaF.
(a) establish p roced\ires for grievances and disciplinary proceedings;
(b) establish trust acco\int requirements and procedures;
(c) establish rules of professional and ethical conduct; and
(d) Implement the other pro'1isions of this rule.
(4) Administration andE,<penses efthe Beard. The Washington State Bar Association shall provide reasonably
necessary administrative support for the LLLT Board. Members of the Board shall not be compensated for their
services but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties
according to the Washington State Bare Association's expense policies. funds accunlulated from examiflation fees,
aflflujal fees, and other re1en\ies shall be used to defray the expenses of the Board. All anticipated expenses and
revenues shall be submitted on a proposed budget for approval by the Washington State Bar Associatioa's Board of
GoYernors. All notices and filings required by these Rules, including applications for admission as a LLLT, shall be
sent to the headquarters of the Bar.
(5) Expenses ofthe LLLT Board. Members of the LLLT Board shall not be compensated fo r their services but shall be
reimbursed for actual reasonable and necessary expenses incurred in the performance of their duties according to the
Bar's expense policies.
D. [Reser ved.]Ref1uirements fe r Aflfllieants. An applicant for licensure as an LLLT shall :
(1) Age. Be at least 18 years of age.
(2) Mernl Charneter and Fitness te Pre.etiee. Be of good moral character and demonstrate fitness to practice as an
I,LLT;
(3) Educatien. Have the follo.,.ing education, unless v;aived by the Board through regulatioa:
(a) An associate level degree or higher;
(b) 45 credit hours of core curriculum instruction in paralegal studies as approved by the Board with instruction to
occur at:
(i) an A.BA approved la'u school;
(ii) an educational institution with an A.BA approved paralegal ed\ication program; or
(iii) an educational institution '+'>'ith ae LLLT core curriculum program approved by the Board.
(c) ln eaeh practice area in which an applicant seeks licens\ire, instruction in the approved practice area, which must
be based on a curriculum deve loped by or in conjunction with an A.BA approved law school. for each approved
667
practice area, the Board shall determine the key concepts or topics to be covered in the c1:1rric1:1 l1:1rn and the n1:1rnber of
credit hol:lfs of instruetion req1:1ired for admission in that praetiee area,
(d) for the p1:1rposes of satisfying APR 28(D)(3), one credit ho1:1r shall be eq1:1ivalent to 450 min1:1tes of instruction.
(4) App!ic6tian. Exee1:1te 1:1nder oath and file with the Board h:is/her application, in s1:1ch form as the Board req1:1ires. An
applieant's fail1:1re to furnish information req1:1ested by the Board or pertinent to the pending app lication may be
gro1:1nds for denial of the application.
(5) Ex6min6tian F'ee. Pay, 1:1pon the filing of the applieation, the examination fee and any other req1:1ired application
fees as established by the Board and approved by the S1:1preme Co1:1rt.
E. [Reserved.]Lieensing Requirements. In order to be licensed as a Limited License Legal Techflician, all
applicants rn1:1st:
(l) Ex6mi1u1tiaN. Take and pass the examinations req1:1ired 1:1nder these rules;
(2) E.'lperience. Acq1:1ire 3,000 ho1:1rs ofs1:1bstantie law related work experience s1:1pervised by a lieensed lawyer. The
experience m1:1st be aeq1:1ired no more than three years prior to licens1:1re and no more than three years after passing the
examination;
(3) Amw6l License Fee. Pay the ann1:1al license fee;
(4) Fi1umei6l Responsibility. Show proofof ability to respond in damages res1:1lting from his or her acts or omissions in
the performance of services permitted by th:is rules. The proof of financial responsibility shall be in s1:1eh form and in
s1:1eh amo1:1nt as the Board may by regulation prescribe; and
(5) Meet all other licensing req1:1irements set forth in the rules and reg1:1lations proposed by the Board and adopted by
the S1:1preme Co1:1rt.
F. Scope of Practice Authorized by Limited Practice Rule. The Limited License Legal Technician shall
ascertain whether the issue is within the defined prac tice area for which the LLLT is licensed. It if is not, the LLLT
shall not provide the services required on this issue and shall inform the client that the client should seek the services
of a lawyer. If the issue is within the defined practice area, the LLLT may undertake the following:
(1) Obtain relevant facts, and explain the re levancy of such information to the client;
(2) lnfom1 the client of applicable procedures, including deadlines, documents which must be filed, and the
anticipated course of the legal proceeding;
(3) Inform the client of applicable procedures for proper service of process and filing of legal documents;
(4) Provide the client with self-help materials prepared by a Washington lawyer or approved by the LLLT B oard,
which contain information about relevant legal requirements, case law basis for the client's claim, and venue and
jurisdiction requirements;
(5) Review documents or exhibits that the client has received from the opposing side, and explain them to the
client;
(6) Select, complete, file, and effect service of forms that have been approved by the State of Washington, either
through a governmental agency or by the Administrative Office of the Courts or the content of which is specified by
statute; federal forms ; forms prepared by a Washington lawyer; or forms approved by the LLLT Board; and advise the
client of the significance of the selected forms to the client's case;
(7) Perform legal research;
(8) Draft letters setting forth legal opinions that are intended to be read by persons other than the client, and draft
documents beyond what is permitted in paragraph (6), ifthe work is reviewed and approved by a Washington lawyer;
(9) Advise a clie nt as to other documents tha t may be necessary to the client's case, and explain how such
additional documents or pleadings may affect the client's case;
( 10) Assist the client in obtaining necessary documents, such as birth, death, or marriage certificates.
G. Conditions Under Which A Limited License Legal Technician May Provide Services
(1) A Limited Lieense Legal Teebr.:ician m1:1st have a prineipal place ofb1:1siness having a physical street address
for the aeeeptance of serviee of proeess in the State of Washington;
t2-j-A Limited License Legal Teclmician must personally perform the authorized services for the client and may not
delegate these to a nonlicensed person. Nothing in this prohibition shall prevent a person who is not a licensed LLLT
from performing translation services;
(.f3) Prior to the performance of the services fo r a fee, the Limited License Legal Technician shall enter into a
written contract with the client, signed by both the client and the Limited License Legal Technician, that includes the
fo llowing provisions:
(a) An explanation of the services to be performed, including a conspicuous statement that the Limited License
Legal Technician may not appear or represent the client in court, formal administrative adjudicative proceedings, or
R edline Admission and Practice Rules (APR) September 2016 Page 57
668
other formal dispute resolution process or negotiate the client's legal rights or responsibilities, unless permitted
under GR 24(b);
(b) Identification of all fees and costs to be charged to the client for the services to be performed;
(c) A statement that upon the client's request, the LLLT shall provide to the client any documents submitted by the
client to the Limited License Legal Technician;
(d) A statement that the Limited License Legal Technician is not a lawyer and may only perform limited legal
services. This statement shall be on the first page of the contract in minimum twelve-point bold type print;
( e) A statement describing the Limited License Legal Technician's duty to protect the confidentiality of information
provided by the client and the Limited License Legal Technician's work product associated with the services sought
or provided by the Limited License Legal Technician;
(f) A statement that the client has the right to rescind the contract at any time and receive a full refund of unearned
fees. This statement shall be conspicuously set forth in the contract; and
(g) Any other conditions required by the rules and regulations of the LLLT Board.
Q4) A Limited License Legal Technician may not provide services that exceed the scope of practice authorized by
this rule, and shall inform the client, in such instance, that the client should seek the services of a lawyer.
(1~) A document prepared by an LLLT shall include the LLLT's name, signature, and license number beneath the
signature of the client.
H. Prohibited Acts. In the course of dealing with clients or prospective clients, a Limited License Legal Technician
shall not:
(I) Make any statement that the Limited License Legal Technician can or will obtain special favors from or has
special influence with any court or governmental agency;
(2) Retain any fees or costs for services not performed;
(3) Refuse to return documents supplied by, prepared by, or paid for by the client, upon the request of the client.
These documents must be returned upon request even if there is a fee dispute between the Limited License Legal
Technician and the client;
(4) Represent or advertise, in connection with the provision of services, other legal titles or credentials that could
cause a client to believe that the Limited License Legal Technician possesses professional legal skills beyond those
authorized by the license held by the Limited License Legal Technician;
(5) Represent a client in court proceedings, formal administrative adjudicative proceedings, or other formal dispute
resolution process, unless permitted by GR 24;
(6) Negotiate the client's legal rights or responsibilities, or communicate with another person the client's position or
convey to the client the position of another party, unless permitted by GR 24(b);
(7) Provide services to a client in connection with a legal matter in another state, unless permitted by the laws of that
state to perform such services for the client;
(8) Represent or otherwise provide legal or law related services to a client, except as permitted by law, this rule or
associated rules and regulations;
(9) Otherwise violate the Limited License Legal Technicians' Rules of Professional Conduct.
I. Continuing Licensing Requirements
(I) Continuing Education Requirements. Each active Limited License Legal Technician amrually must complete~
minimum number of credit hours of approved or accredited education, as prescribed by APR 11.the Board approved
number of eredit hours in eourses or activities approved by the Board, provided that the Limited Lieense Legal
Teehnieian shall not be required to comply with this subseetion during the calendar year in which he or she is initially
lieensed.
(2) Financial Responsibility. Each LLLT shall show proof of ability to respond in damages resulting from his or her
acts or omissions in the performance of services permitted under APR 28 by:
a. submitting an individual professional liability insurance policy in the amount of at least $ 100.000 per claim
and a $300,000 annual aggregate limit;
b. submitting a professional liability insurance policy of the employer or the parent company of the employer
who has agreed to provide coverage for the LLLT's ability to respond in damages in the amount of at least
$100,000 per claim and a $300,000 annual aggregate limit; or
c. submitting proof of indemnification by the LLLT's government employer.
Eaoh Limited Lioense Legal Tech.-.ieian shall annually provide proof of financial responsibility in sueh form and in
such amount as the Board may by regulation preseribe.
(3) License Fees and Assessments. Each Limited License Legal Technician must pay the annual license fee es-
669
tablished by the Board of Governors, subj ect to review by the Supreme Court, and any mandatory assessments as
ordered by the Supreme Court. Provisions in the Bar's Bylaws regarding procedures for assessing and collecting
lawyer license fees and late fees, and regarding deadlines. rebates. apportionment, fee reductions. and exemptions. and
any other issues relating to fees and assessments. shall also apply to LLLT license fees and late fees. Failure to pay
may result in suspension from practice pursuant to APR 17.. Amwe! Fee. Each Limited License Legal Tech."l:ician
shall pay the arun:1al license fee established by the Board and approved by the Supreme Court.
(4 ) Trust Account. Each active Limited License Legal Technician shall annually certify compliance with Rules
l .15A and l. 15B of the LLLT Rules of Professional Conduct. Such certification shall be filed in a form and manner as
prescribed by the Bar and shall include the bank where each account is held and the account number. Failure to certify
may result in suspension from practice pursuant to APR 17.
J. Existing Law Unchanged. This rule shall in no way modify existing law prohibiting the unauthorized practice
of law nonlawyers from practicing law or giving legal advice other than as authorized under this rule or associated
rules and regulations.
K. Pr ofessional Responsibility and L imited License Legal Technician-Client Relationship
(1) Limited License Legal Technicians acting within the scope of authority set forth in this rule shall be held to the
standard of care of a Washington lawyer.
(2) Limited License Legal Technicians shall be held to the ethical standards of the Limited License Legal
Technicians' Rules of Professional Conduct, which shall create an LLLT IOLTA program fo r the proper handling of
funds coming into the possession of the Limited License Legal Technician.
(3) The Washington law of attorney-client privilege and law of a lawyer's fiduciary responsibility to the client shall
apply to the Limited License Legal Technician-client relationship to the same extent as it would apply to an
attorney-client relationship.
L. Confidentiality and P ublic Records. -
fB-GR 12.4 shall apply to access to LLLT Board records.
(2) UB:!ess expressly authorized by the Supreme Court or by the applicant, all application reco rds, includiRg related
in1estigation files, documents, and proceedmgs, for the limited admission to the practice of law as an LLLT are
confidential and shall be privileged against disclosure, except as necessary to conduct an investigation, hearing,
appeal, or reYiew pursuant to these rules.
(3) Unless expressly authorized by the Supreme Court, all exammation questions, scormg keys, and other
examination data used by the Board to administer the LLLT licensing examinations are not subject to public
disclosure.
(4) Unless expressly authorized by the Supreme Court or the LLLT, the following Board and Bar records are exempt
from public access: personal information in Board and Bar records for LLLTs and Board members to the extent that
disclosure '.vould violate their right of privacy, including home contact informa tion (unless such information is their
address of record), Social Security numbers, driver's license numbers, identification or security photographs held in
Board and Bar records, and personal data includiRg ethnicity, race, disability status, gender, and sexual orientation.
LLLT license status, license number, dates of admission or licensing, addresses of record, and business telephone
numbers, facsimile numbers, and electronic mail addresses (unless there has been a request that electronic mail
addresses not be made public) shall not be exempt, provided that any such information shall be exempt if the Chair of
the Board approves the confidentiality of that information for reasons of personal security or other compelling reasons,
which approYal must be reviewed annually.
M. Inactive Status. An LLLT may request transfer to inactive status after being admitted. An LLLT on inactive
status is required to pay an annual license fee as established by the Board of Governors and approved by the Supreme
Court.
N. Reinstatement to Active Status. An LLLT on inactive status may return to active status by filing an appli-
cation and complying with the procedures set fo rth for lawyer members of the Bar in the Bar's Bylaws.
670
0. Voluntary Resignation. Any Limited License Legal Technician may request to voluntarily resign the LLLT
license by notifying the Bar in such form and manner as the Bar may prescribe. If there is a disciplinary investigation
or proceeding then pending against the LLLT, or ifthe LLLT has knowledge that the filing ofa grievance of substance
against such LLLT is imminent, resignation is permitted only under the provisions of the applicable disciplinary rules.
An LLLT who resigns the LLLT license cannot practice law in Washington in any manner, unless they are otherwise
licensed or authorized to do so by the Supreme Court.
APPENDIX APR 28. REGULATIONS OF THE APR 28 LIMITED LICENSE LEGAL TECHNICIAN
BOARD
REGULATION 1: !RESERVED.JIN GENERAL

Every persoa desiriag to be liceased aad to maiataia liceasure as a Limited Licease Legal Techniciaa (LLLT)
pursuaat to Admissioa to Practice Rule (APR) 28 saall satisfy all of the requiremeats of APR 28 aad AppeadiJ< APR
~
To facilitate prompt administratioa of APR 28 and these regulations, desigaated staff of the Washington ~tate Bar
Association (Associatioa) may act oa beaalf of tae LLLT Board under APR 28 aad taese regulatioas.
REGULATION 2: PRACTICE AREAS--SCOPE OF PRACTICE AUTHORIZED BY LIMITED LICENSE

LEGAL TECHNICIAN RULE
In each practice area in which an LLLT is licensed, the LLLT shall comply with the provisions defining the scope of
practice as found in APR 28 and as described herein.
A. Issues Beyond the Scope of Authorized Practice.
An LLLT has an affirmative duty under APR 28F to inform clients when issues arise that are beyond the authorized
scope of the LLLT's practice. When an affirmative duty under APR 28F arises, then the LLLT shall inform the client
in writing that:
l. the issue may exist, describing in general terms the nature of the issue;
2. the LLLT is not authorized to advise or assist on this issue;
3. the failure to obtain a lawyer's advice could be adverse to the client's interests; and,
4. the client should consult with a lawyer to obtain appropriate advice and documents necessary to protect the
client's interests.
After an issue beyond the LLLT's scope of practice has been identified, if the client engages a lawyer with respect to
the issue, then an LLLT may prepare a document related to the issue only if a lawyer acting on behalf of the client has
provided appropriate documents and written instructions for the LLLT as to whether and how to proceed with respect
to the issue. If the client does not engage a lawyer with respect to the issue, then the LLLT may prepare documents that
relate to the issue if:
l. The client informs the LLLT how the issue is to be determined and instructs the LLLT how to complete the
relevant portions of the document, and
2. Above the LLLT's signature at the end of the document, the LLLT inserts a statement to the effect that the
LLLT did not advise the client with respect to any issue outside of the LLLT's scope of practice and completed
any portions of the document with respect to any such issues at the direction of the client.
The LLLT may proceed in the manner described above only if no other defined prohibitions apply.
B. Domestic Relations.
1. Domestic Relations, Defined. For the purposes of these Regulations, domestic relations shall include only: (a)
child support modification actions, (b) dissolution actions, (c) domestic violence actions, except as prohibited by
Regulation 2B(3), (d) committed intimate relationship actions only as they pertain to parenting and support issues, (e)
legal separation actions, (f) major parenting plan modifications when the tem1s are agreed to by the parties before the
onset of the representation by the LLLT, (g) minor parenting plan modifications, (h) parenting and support actions, (i)
paternity actions, and (j) relocation actions, except as prohibited by Regulation 2B(3).
2. Scope ofPractice for Limited License Legal Technicians -- Domestic Relations. LLLTs in domestic relations
may provide legal services to clients as provided in APR 28F, except as prohibited by APR 28H and Regulation 2B(3).
Unless an issue beyond the scope arises or a prohibited act would be required, LLLTs may advise and assist clients ( l)
to initiate and respond to actions and (2) regarding motions, discovery, trial preparation, temporary and final orders,
and modifications of orders.
671
3. Prohibited Acts. In addition to the prohibitions set forth in APR 28IT, in the course of dealing with clients or
prospective clients, LLLTs licensed to practice in domestic relations:
a. shall not represent more than one party in any domestic relations matter;
b. shall not provide legal services:
i. in defacto parentage or nonparental custody actions; and
ii. if25 U.S.C. Chapter 2 1, the Indian Child Welfare Act, or RCW 13.38, the Washington State Indian Child
Welfare Act, applies to the matter;
c. shall not advise or assist clients regarding:
i. division of owned real estate, formal business entities, or retirement assets that require a supplemental order to
divide and award, which includes division of all defined benefit plans and defined contribution plans;
ii. bankruptcy, including obtaining a stay from bankruptcy;
iii. disposition of debts and assets, if one party is in bankruptcy or files a bankruptcy during the pendency of the
proceeding, unless: (a) the LLLT's client has retained a lawyer to represent him/her in the bankruptcy, (b) the
client has consulted with a lawyer and the lawyer has provided written instructions for the LLLT as to whether
and how to proceed regarding the division of debts and assets in the domestic relations proceeding, or (c) the
bankruptcy has been discharged;
iv. anti-harassment orders, criminal no contact orders, anti-stalking orders, and sexual assault protection orders in
domestic violence actions;
v. jointly acquired committed intimate relationship property issues in committed intimate relationship actions;
vi. major parenting plan modifications unless the terms were agreed to by the parties before the onset of the
representation by the LLLT;
vii. the determination of Uniform Child Custody Jurisdiction and Enforcement Act issues under RCW 26.27 or
Uniform Interstate Family Support Act issues under RCW 26.2 lA unless and until jurisdiction has been resolved;
viii. objections to relocation petitions, responses to objections to relocation petitions, or temporary orders in
relocation actions;
ix. final revised parenting plans in relocation actions except in the event of default or where the terms have been
agreed to by the parties.
d. shall not appear or participate at the taking of a deposition; and
e. shall not initiate or respond to an appeal to an appellate court.
REGULATION 3: EDUCATION REQUIREMENTS FOR LLLT APPLICANTS AND APPROVAL OF

EDUCATIONAL PROGRAMS
An applicant for lieeasl::lre admission as an LLLT shall satisfy the following education requirements:
A. Core Curriculum.
1. Credit Requirements. An applicant for licensure shall have earned 45 credit hours as required by APR _1_
2&D(3)(b). The core curriculum must include the following required subject matters with minimum credit hours
earned as indicated:
1. Civil Procedure, minimum 8 credit hours;
2. Contracts, minimum 3 credit hours;
3. Interviewing and Investigation Techniques, minimum 3 credit hours;
4. Introduction to Law and Legal Process, minimum 3 credit hours;
5. Law Office Procedures and Technology, minimum 3 credit hours;
6. Legal Research, Writing and Analysis, minimum 8 credit hours; and
7. Professional Responsibility, minimum 3 credit hours.
The core curriculum courses in which credit for the foregoing subject matters is earned shall satisfy the curricular
requirements approved by the LLLT Board and published by the BarAS'sooiatioa. If the required courses completed by
the applicant do not total 45 credit hours, then the applicant may earn the remaining credit hours by taking legal or
paralegal elective courses. All core curriculum course credit hours must be earned at an ABA approved law school, an
educational institution with an ABA approved paralegal program, or at an educational institution with an LLLT core
curriculum program approved by the LLLT Board under the Washington State LLLT Educational Program Approval
Standards.
For purposes of satisfying APR 3(e)(2), one credit hour shall be equivalent to 450 minutes of instruction.
2. LLLT Educational Program Approval Requirements for Programs Not Approved by the ABA. The LLLT Board
shall be responsible for establishing and maintaining standards, to be published by the Association, for approving
672
LLLT educational programs that are not otherwise approved by the ABA. Educational programs complying with the
LLLT Board's standards shall be approved by the LLLT Board and qualified to teach the LLLT core curriculum.
B. Practice Area Curriculum. An applicant for licensure in a defined practice area shall have completed the
prescribed curriculum and earned course credits for that defined practice area, as set forth below and in APR
28D(3)(c).l(tl. Each practice area curriculum course shall satisfy the curricular requirements approved by the LLLT
Board and published by the BarAssociation.
1. Domestic Relations.
a. Prerequisites: Prior to enrolling in the domestic relations practice area courses, applicants shall complete the
following core courses: Civil Procedure; Interviewing and Investigation Techniques; Introduction to Law and Legal
Process; Legal Research, Writing, and Analysis; and Professional Responsibility.
b. Credit Requirements: Applicants shall complete five credit hours in basic domestic relations subjects and ten
credit hours in advanced and Washington specific domestic relations subjects.
REGULATION 4: LIMITED TIME WAIVERS

A. Limited Time Waiver, Defined. For the limited time between the date the Board begins to accept applications and
December 31 , 2023+6, the LLLT Board shall grant a waiver of the minimum associate-level degree requirement
and/or the core curriculum education requirement set forth in APR Q}2&) if an applicant meets the requirements set
forth in Regulation 4B. The LLLT Board shall not grant waivers for applications filed after December 31, 2023+6. The
LLLT Board shall not waive the practice area curriculum requirement. The limited time waiver application will be
separate from the application process for licensure admission set forth in these regulations.
B. Waiver Requirements and Applications. To qualify for the limited time waiver, an applicant shall pay the
required fee, submit the required waiver application form, and provide proof, in such form as the Bar&are requires,
that he/she has:
1. Passed a LLLT Board approved national paralegal certification examination;
2. Active certification from a LLLT Board approved national paralegal certification organization; and
3. Completed 10 years of substantive law-related experience supervised by a licensed lawyer within the 15 years
preceding the application for the waiver. Proof of 10 years of substantive-law related experience supervised by a
licensed lawyer shall include the following:
a. the name and bar number of the supervising lawyer(s),
b. certification by the lawyer that the work experience meets the definition of substantive law-related work
experience as defined in APR 28, and
c. the dates of employment or service.
C. Review of Limited Time Waiver Application. The BarAssociation shall review each limited time waiver
application to determine if the application meets the waiver requirements. Any application that does not meet the
limited time waiver requirements as established by this Regulation shall be denied by the BarAssociation on
administrative grounds, with a written statement of the reason(s) for denial.
D. Review of Denial. An applicant whose application for waiver has been denied by the BarAssociation may request
review by the LLLT Board chair. Such request shall be filed with the BarAssociation within 14 days of the date of the
notification of denial. The applicant shall be provided with written notification of the chair's decision, which is not
subject to review.
E. Expiration of Limited Time Waiver Approval. Approval of the limited time waiver application shall expire
December 31 , 2025+&. After expiration of the approval, any subsequent application for licensure by the applicant shall
meet all of the standard requirements for licensure admission without waiver.
REGULATION 5: IRESERVED.JAPPLICATIONS
A,. Fees. All applications shall be accompanied by the required examination and application fee .
B. Application fer Lieensure. An applicant for licensure as an LLLT shall complete and file with the Association:
1. a completed application for licensure in a form and manner prescribed by the Board;
2. elidence in a form and manner prescribed by the Board demonstrating completion of
a. at a minimum, an associate le el degree, eirnept applicants who have been approed for a limited time waiver
1
pursuant to Regulation 4,
b. the eore curriculum required pursuant to Regulation 3A, except applicants who have been approved for a limited
time waiver pursuant to Regulation 4, and
c. the practice area curriculum required pursuant to Regulation 3B;
3. original proof of passing the Core Curriculun1 Examination as required by Regulation 8; and
673
4. a signed and notarized Authorization, Release and Affidavit of Applieant.
C. Applieation far Additional Praetiee A:rea. An LLLT seeking lieensure in aR additional practice area must
con1plete aad file with the AssociatioR:
1. a completed practice area applicatioR in a form and maooer preseribed by the Board;
2. evideRce in a fonn aRd manner preseribed by the Board demonstrating eompletioR of the practice area currieulum
required uRder Regulation 3B; and
3. a signed and notarized Authorization, Release aRd Affidavit of Applicant.
D. Background Cheek Eaeh applieant for licensure shall submit a fingerprint eard to the Federal Bureau of
ln'>estigation (FBI) for a criminal history record check and provide to the FBI a release for the results of the eriminal
history check to be seRt direetly to the AssoeiatioR. A Washington LLLT applyiRg for lieensure in an additional
praetice area shall not be required to submit a fingerprint eard, unless it has been more than two years since the LLLT
was last issued a license.
The applicant shall furnish whatever additioRal information or proof may be required in the course of i1westigatiRg the
applieant, and failure to furnish such information may be grounds for denial of licensure.
REGULATION 6: (RESERVED.JAPPROVAL OR DENIAL OF APPLICATION ON ADMINISTRA.TIVE

GROUNDS
A. Review of Applieation. The Association shall review each applieatimt to determine if the app lication meets the
criteria for licensure established in A.PR 28. A.ny application that does aot meet the initial criteria for lieensure as
established by A.PR 28 shall be denied by the Association on administrative grounds, except for those applications
where there is a substantial question as to the applicant's good moral character or fitness to practice. The applieant will
be notified whether the applieation has been appro t'ed or denied. If the applieation has been denied, the applicant will
1
be notified of the grounds for the denial and the re.,iew process.
B. Re,riew of Denial. Every applicant v,rho has been denied licensure under APR 28 on administratiYe grounds may
request review by the Board chair. To request review, an applieant shall submit a v.ritten request within 14 days of the
date the denial of applieation was issued and state the reason for the request.
C. Praeedure far Review. The Board ehair shall coasider the request for review on the written reeord only and shall
hear no oral arguments. The chair shall enter a writtea decision whieh may affirm or re't'erse the denial of the
application or direct further in\estigation.
REGULATION 7: [RESERVED.JCHARA.CTER A.ND FITNESS

A. QuestioR of C haraeter and Fitness. Each applicant for licensure as an LLLT shall establish good moral
character aRe fitness to practiee as defined in APR 2 1 ane APR 22(a). When coRsieeriRg aR applieant's gooe moral
charaeter ane fitness to practice, the Board, AssoeiatioR staff, ane Bar Counsel shall apply the factors set forth in APR
24.2. If there is a substantial questioa as to the good moral eharaeter or fitness to practice of an applicant for admission
or aemission after eisciplinary reYocation then the app lication will be referred to the Character ane Fitness Committee
of the Beare for hearing.
B. Charaeter and Fitness Committee. The Character and Fitness Committee shall be maee up of three members of
the Beare appointee by the Board Chair. The Beare Chair shall designate one member of the Beare to act as chair of
the Committee.
The Character and Fitness Committee shall ha\e the power ane authority to aecept referrals from the Assoeiation
concerning matters of character ane fitness of applicants, oreer further investigation of matters rele..,aat to the
applieations, conduct hearings, perform such other functions as necessary and proper to caR)' out its duties, and make
appropriate recommendations.
C. Assoeiation ReYie'"' The Association shall review each applieation to eetermiRe whether any of the factors set
forth in APR 24 .2 are present. The Association shall re't'iew the material evieence in a light most favorable to the
Association's obligatioa to recommend the licensing or aemissioa to the limited practice of law only those persoRs
.vho possess gooe moral character aad fitaess to practice.
D. Serviee. ~ervice of papers aad documents shall be made by first class postage prepaid mail to the applicant's,
LLLT's, or his or her couRsel's, last Im.own address ea record with the Association. If properly maee, service by mail
is deemee accomp lished on the date of the mailing. Any notice of change of address shall be submitted in writing to
the Association.
E . Duty of Applieant. It shall be the duty of e1ery app licaRt to cooperate in gooe faith and furnish whatever
aeeitional information or documentation may be required in the course of investigating the app licant. Failure to
furnish such information may be grounds for eenial of the application. Applicants shall Rot ha.,e eirect contact with
674
any member of the Committee or Board from the date of filing the application with the Association t1ntil the matter is
resolved by the Board or St1preme Cot1rt, except to the extent direct contact is reqt1ired dt1ring tae hearing.
F. HeariRgs. APR 24 .3 shall apply eqt1ally to character and fitness B.earings condt1cted pt1rst1ant to this Regt1lation
and is incorporated herein by reference, except taat the Character and Fitness Board as referenced in APR 24 .3 shall
mean the Character and Fitness Committee of the LLLT Board. Reference to the caair or chairperson in APR 24 .3, as
applied in this rule, shall mean the Character and Fitness Committee Chair. Applicants shall appear in person at any
hearing before the Character and Fitness Committee, linless the Committee waives the applicant' s presence for good
cat1se sho'+vn.
C . DecisioRs and RecommeRdation of Character and Fitness Committee.
1. Findings ef Charecter and Fitness Cemmittee. The Character and Fitness Committee .vill timely file with the
1
Association '.Vritten findings of fact, conclt1sions of law, and a recommendation or direct further investigation for the
reasons stated in the written findings.
2. Action on Recommendation.
a. If the Committee recommends admission, the record, recommendation, and all eJ<hibits shall be transmitted to the
St1preme Cot1rt for disposition.
b. If the Committee recommends against licens\:lre, the record and recommendation shall be retained in the office of
the Association \:lnless the applicant st1bmits a written req\:lest for re'>'iev,r by the Board within 15 days of service of the
recommendation. If the applicant so reqt1ests, the Committee will transmit the record, recommendation, and all
exhibits to the Board for a recommendation. No additional evidence, materials, or arg\:lment shall be considered by the
Bear&.
H. Review by the Board.
1. Decisien efthe Board. After receipt of the record, the Board will enter a wi'itten decision and may affirm or reverse
the findings of the Character and Fitness Committee or direct further iw;estigation for the reasons stated in the v,rritten
decision.
2. Action on Recommendation.
a. If the Board recommends admission, the record, recommendation, and all eJEhibits shall be transmitted to the
St1preme Co\:lrt for disposition.
b. If the Board recommends against admission, the record and recommendation shall be retained in the office of the
Association \:lnless the applicant reqt1ests that it be st1bmitted to the S\:lpreme Colirt by filing a Notice of A-p peal .vith
the Board within 15 days of service of the recommendation of the Board. If the applicant so req\:lests, the Board will
transmit the record, including the transcript, exhibits, and recommendation to the Supreme Co\:lrt for revie'>V and
disposition. The applicant must pay to the Supreme Co\:lrt any fee required by the Court in connection with appeal and
~
I. Action oR Supreme Court's Determination.

1. Application Approved. If the application is approYed by the Supreme Court, admission shall be subject to the
applicant's taking and passing of the licensing examination and complying with all other requiY"ements for licensure.
2. Application Denied. If the application is denied by the S\:lpreme Court, the Board shall maintain a record of the
application, hearing, and appeal in the Association records.
J. Reapplication.
No application for admission may be filed '+vithin a period of one year after a fit'lal decision of the Character and
Fitness Committee, Board, or Supreme Comt recommending against admission.
REGULATION 8: IRESERVED.JEXAJ\UNATIONS; NOTIFICATION OF RESULTS

A. Administration of Examinations. The examinations will be administered at such times and locations as the Board
may designate.
An applicant for initial licensure shall pass a core curriculum examination, a practice area examination, and a
professional responsibility examination.
An LLLT who applies for licensure in an additional practice area shall be required to take only the q\:lalifying practice
area examination in the practice area for which he or she is seeking licensure.
B. Core Curriculum Examination. The core curriculum examination shall be satisfied by passing a national
certifying paralegal eJtamination as approved by the Board.
C . Practice Area Examination. The practice area eJtamination will test applicants on one specific practice area and
knowledge of LLLT scope specific to the practice area. All practice area examinations shall be comprised of three
parts: a m\:lltiple choice section, an essay section, and a performance section. The duration, form, and manner of the
eirnm shall be as prescribed by the Board. The passing standard for the practice area eMmination is a score of 75
675
percent for eaeh seetimi. of the exam. A failing grade in one seetion shall result in failure of the exam, in which ease
grading of any remaining seetions shall not be completed.
D. Prnfessianal Respausihility Exami11atia11. The professional responsibility examination will test applieants on
LLLT ethical duties as set forth in APR 28, the LLLT R-0les of Professional Conduct, and knowledge of the LLLT
seope of practiee as set forth in APR 28F and H. The professional responsibility e1rnmination shall be eomprised of
one multiple ehoiee seetion. The duration, form, and manner of the exam shall be as preseribed by the Board. The
passing standard for the professional responsibility examination is a seore of 75 %.
E. Results. Eaeh applieant will be notified of the applieant's praetiee area and professional responsibility examination
results. An applieant w-ho fails the praetiee area e1rnmination may request a eopy of the essay and perfonnanee
seetions. An applieant who passes the praetiee area exam will not reeeive a eopy of the exam. An applieant may not
request a eopy of the professional responsibility examination.
A.n applieant "v-ho passes the praetiee area e1tamination but fails the professional responsibility examination or viee
versa may retake the failed e1rnm at the next two administrations of the e1rnm. The passing seore shall be valid for one
year from the date the applieant is notified of the exam results. If the applicant does not pass the failed exam within one
year of sueh notifieation, the applieant shall be required to retake the exam he or she passed.
REGULATION 9: SUBSTANTIVE LAW-RELATED WORK EXPERIENCE REQUIREMENT

Each applicant for licensure as a limited license legal technician shall show proof of having completed 3,000 hours of
substantive law-related work experience supervised by a licensed lawyer as required by APR 28E(2). The experience
requirement shall be completed within no more than three years before er-after and 40 months after the date the-
applieant is notified of passing both the praetiee area and professional responsibility qualifying examinationsof the
LLLT practice area examination that the applicant passed. The proof shall be provided in such form as the Bar:Beaffi
requires, but shall include at a minimum:
1. the name and bar number of the supervising lawyer;
2. certification that the work experience meets the definition of substantive law-related work experience as defined in
APR28;
3. the total number of hours of substantive law-related work experience performed under the supervising lawyer; and
4. certification that the requisite work experience was acquired within the time period required by this regulationAP-R
~
REGULATION 10: CERTIFICATION OF RESULTS TO SUPREME COURT; OATHADDITIONAL

PRACTICE AREAS
A. Reeammendatian fer Lieensure. The Board shall reeornmend to the Washington State Supreme Court the
lieensure of all applieants who have met all lieensing requirements set forth in APR 28 and these regulations, ineluding
good moral eharaeter and fitness to praetiee. All reeommendations of the Board shall be aeeompanied by the
application for lieensure and any other doeuments deemed pertinent by the Board or requested by the Supreme Court.
The reeommendation and all aeeompanying doeuments and papers shall not be publie reeord.
B. Pre lieensure Requirements. Before an applieant who has passed the qualifying examinations may be lieensed,
the applicant shall:
l. furnish proof of eompletion of the requisite hours of substantive law related "vork experienee supervised by a
lieensed lawyer as required by Regulation 9;
2. furnish proof of finaneial responsibility as required by Regulation 12;
3. pay the annual lieense fee and any assessments for the eurrent year as required by Regulation 11;
4. file any and all lieensing forms required for aetive limited lieense legal teehnieians; and
5. take the Oath of Limited Lieense Legal Teehnician.
The pre lie ensure requirements shall be eompleted within three years of the date the applieant is notified of the
examination results. Ifan applicant fails to satisfy all the requirements for lieensure within this period, the applieant
shall not be eligible for lieensure under ,'\PR 28 without submitting a nevi applieation for lieensure and retaking the
praetiee area and professional responsibility examinations.
Application for Additional Practice Area. An LLLT seeking admission in an additional practice area must complete
and file with the Bar:
1. a completed practice area application in a fom1 and manner prescribed by the Bar;
2. evidence in a form and manner prescribed by the Bar demonstrating completion of the practice area curriculum
required under Regulation 3(B); and
676
3. a signed and notarized Authorization, Release and Affidavit of Applicant.
BC. Additional Practice Area Pre-licensure Requirements. An LLLT who is seeking licensure in an additional
practice area shall:
1. take and pass the additional practice area examination;
2. pay the annual license fee as stated in the fee schedule; and
3. file any and all licensing forms required for active limited license legal technicians.
The requirements above shall be completed within one year of the date the applicant is notified of the practice area
examination results. If an LLLT fails to satisfy all the requirements for licensure in an additional practice area within
this period, the LLLT shall not be eligible for licensure in the additional practice area without submitting a new
application and retaking the practice area examination.
D . Oath ef Limited Lieense Legal Teehnieian. The Oath of Limited Licease Legal Techniciaa shall be takea before
aa elected or appoiated jHdge, exclHdiag jHdges pro tempo re, sittiag in open coHrt ia the state of Wasllington.
E. Centents ef Oath. The oath which all applicants shall take is as follows:
OATH FOR LIMITED LICENSE LEGAL TECHNICIA..."J\j'S
STATE OF WASHINGTON
COill-ITYOF
I, _ ____, do solemfily declare:
1. I am fully sHbj ect to the laws of the state of Washiagton, the laws of the United States, RHle 28 of tR.e Admissioa to
Practice RHles, and APR 28 RegHlations adopted by the Wasllington State SHpreme CoHrt and '<Yill abide by the same;
2. I will SHpport the constirutions of the State of WasR.iagton and of the Uaited States of America;
3. I will abide by the Limited Licease Legal Teehnieiaa RHles of Professional CondHet approved by the SHpreme
CoHrt oftR.e State of Washington;
4. I will confine my activities as a Limited License Legal Technician to those activities allowed by law, rule and
regHlation and will only Htili2'e doeHmeats approved pHrsHant to APR 28;
5. I will faithfully disclose the limitations of my services and that I am not a law)'er;
e. I will maintain the confidence and preserve ia,iolate the secrets of my client and will accept no eompeasation in
connection with the bHsiness of my elieat, Haless this compensation is from or with the knowledge and appro'>'al of the
client or with the approval of the coHrt;
7. I will abstain from all offensive personalities and advance no fact prejHdicial to the hoaor or repHtation ofa party or
witaess Haless reqHired by the jHstice of the eaHse with .vllich I am charged;
8. I will ae 1er reject, from any consideration personal to myself, the caHse of the defenseless or oppressed, or delay
1
HRj Hstly the caHse of aay person.
Signarure Limited Lieease Legal Technician
SHbseribed and sworn to before me this_ day of _ __ _ _
JUDGE
F. Order Admitting ta Limited Prnetiee as LLLT. After examining the recommendatioa and aeeoa1panying
doeHments transmitted by the Board, the SHpreme CoHrt may enter sHeh order in each ease as it deems advisable. For
those applieaats it deems qHalified, the SHpreme CoHrt shall enter aa order admitting them to limited practice as
LLLTs. Applieaats shall be admitted Hnder APR 28 only after the order has beea eatered by tR.e SHpreme CoHrt.
CC. Order Admitting LLLT to Limited Practice in Additional Practice Area. After examining the
recommendation and accompanying docume nts transmitted by the Bar&afd, the Supreme Court may enter such order
in each case as it deems advisable. For those LLLTs it deems qualified, the Supreme Court shall enter an order
admitting them to limited practice in the additional practice area.
D. Voluntary Termination of Single Practice Area License. An LLLT licensed in two or more practice areas
may request to voluntarily terminate a single practice area by notifying the Bar in writing. After tenninating the
practice area license, the LLLT sha ll not accept any new clients or engage in work as an LLLT in any matter in the
terminated practice area. The Bar will notify the LLLT of the effective date of the termination.
677
REGULATION 11: !RESERVED.JANNUAL LICENSE FEES
A. e~ceept as set forth in seetion B of this Reg1:1lation, e'tery Limites Lieense Legal Teehnician shall pay an arumal
lieense fee ifl an amo1:1nt set by an establishes fee sches1:1le approves by the Boars ans the S1:1preme Go1:1rt. The aeJ11:1al
lieense fee is s1:1e A1:1g1:1st l of eaeh year ans shall eover the arumal lieense perios ofJ1:1ly I to J1:1ne 30. Ann1:1al lieense
fees pa is after A1:1g1:1st l shall be s1:1bjeet to a late fee eEJ1:1al to one half the ann1:1a\ license fee.
B. LLLTs who pass the EJl:lalifying examination after Jan1:1ary l b1:1t before foly I and who reEJ1:1est active stat1:1s prior to
J1:1ly l of that same ealendar year shall pay a prorated ann1:1al lieense fee of one half the amo1:1nt of the ann1:1al lieense
fee. LLLTs shall pay the ann1:1:al lieense fee set forth in Reg1:1lation 11 A to retain their acti>re stakls after J1:1ne 30 of the
ealendar year ofthei:r liee0s1:1re.
C. AR LLLT shall provide his or her reside0tial ans b1:1siness assresses, telepho0e 01:1mbers, and b1:1siness email
adElress ta the Board at the time ofpayme0t of the ammal license fee. An LLLT whose adElress, telephone n1:1mber, or
email adsress changes shall notify the Association within I 0 says after the ehange.
REGULATION 12: !RESERVED.JFINANCIAb RESPONSIBILITY

A. lns1:1ranee ReEJ1:1irement. each limited lieense legal teehniciafl shall show proof of ability to respo0d in samages
res1:1lti0g from his or her acts or omissions in the performa0ee ofserviees permitted 1:10der APR 28 by:
I. S1:1bmittiRg an individ1:1al professional liability insmanee poliey iR the amo1:1nt of at least $100,000 per elaim a0d a
$300,000 arumal aggregate limit;
2. S1:1bmitting a professio0al liability ins1:1ra0ee polis)' of the employer or the parent eompany of the employer who has
agrees to provide eoverage for the LLLT's ability to respoRd iR damages in the amo1:10t of at least $100,000 per daim
and a $300,000 anJ11:1:al aggregate limit; or
3. S1:1bmitting proofofindernnifieation by the LLLT's govemme0t employer.
B. Centin1:1ing Req uirement. each aetive LLLT shall eertify ann1:1 ally by A1:1g1:1st I fiflaneial responsibility in a form
ans manner as prescribed by the Board. each LLLT shall notify the Board of a0y cancellation or lapse in coverage.
REGULATION 13. !Reserved.JTRUST ACCOUNT DECLARATION

R1:1les 15.4(a) and (b) a0d 15.7 of the R1:1\es for Bnforceme0t of Lawyer Cond1:1ct (ELG) shall apply to LLLT IOLTA
(Interest on Lawyer Trnst Acco1:1:nt) acco1:1nts. Ann1:1ally, each actiYe LLLT shall eertify compliance with R1:1les l. I 5A
and 1. I 5B of the Limited License Legal Technician R1:1les of Professio0al Gond1:1:ct. S1:1ch deelaration shall be filed by
A1:1g1:1st I in a form and manner as prescribed by the Board and shall incl1:1:de the bank where each acco1:1nt is held ans
the acco1:1et e1:1mber.
REGULATION 14: [RESERVED.JCONTINUJNG EDUCATION

A. Minim1:1m ReEfuirement. An LLLT shall con:1plete a miRim1:1m often ho1:1rs of approved contin1:1ing ed1:1cation
each lieense year by fone 30. A nev,rly licensed LLLT shall be exempt for the first license year. The ed1:1cation m1:1st
relate to the LLLT's area of practice, scope of practice or the s1:1bject matter covered in the reEJ1:1ired LLLT core
c1:1rrie1:1l1:1m and shall incl1:1:de a minim1:1m of two ho1:1rs in legal ethics and professional responsibility per lieense year.
Baeh e0ntin1:1ing ed1:1cation co1:1rse shall be appro'ted in accorsanee with the proced1:1res set forth in contin1:1iflg
ed1:1cation policies approYed by the Board.
B. Preef ef Cemplianee. An LLLT shall certify an.n1:1ally by A1:1g1:1st 1 compliance with the contin1:1i:ng ed1:1cation
reEJ1:1irements in a form and manner as prescribes by the Board.
C. Pelieies and Fees. The Board shall establish contin1:1mg ed1:1catio0 policies for the efficient administration of this
reg1:1lation and shall incl1:1de, b1:1t not be limited to, standards for approval of co0tin1:1ing ed1:1cation eo1:1rses, proeed1:1res
for reporting attendance, and sponsor d1:1ties. The Board shall detennine and adj1:1st fees to defray the reasonably
neeessary easts of administering this reg1:1lation.
REGULATION 15: !RESERVED.JADMINlSTRATIVE SUSPENSION FROM LIMITED PRACTICE

A. Basis fer S1:1 spension from Limited Praetiee. The Boars shall reEJ1:1est that the S1:1preme Go1:1rt s1:1spend an LLLT
from limited practice 1:1:pon:
I. notifieation from the Department ofSocial and Health SePriees that an LLLT is more than six months delinEJ1:1eet in
noneomplianee with a valid and enforeeable order entered b)' a eo1:1rt of eompetent j1:1risdiction reEJ1:1i:ring the LLLT to
pay ehild s1:1pport; or
2. fa il1:1re of an LLLT to eomply with lieensing reEJ1:1irements 1:1nder APR 28 and these Reg1:1lations. This inel1:1des b1:1t
is not limited to an LLLT's:
a. fail1:1re to pay the ann1:1al lieense fee as set forth in Reg1:1lation 11 A;
Red line Admission and Practice Ru les (APR) September 2 016 Page 67
678
9. faihue ta cemply with frnancial respaRsieility requi:remeRts as set forth ifl RegulatiaR 12;
c. failure ta file an annual-trast accaunt declaratiaR as set forth iR Regulatian 13;
d. failure ta camply with cantinuiflg educatiaR requi:remeRts as set forth ifl Regulatiae 14; and
e. failure ta timely Ratify the AssaciatiaR af a change af address, telephane numeer, er email address pursuaRt ta
RegulatiaR I IC.
8. Natiee aRd Order af SuspensioR. The Beard shall previde at least 30 days writteR Ratice of iflteRt to seek
suspeRsioR to aR LLLT at the LLLT's address of record with the Board. \l/ritteR notice shall ee seRt ey certified mail.
The Board shall estaelish precedures coRsisteRt with these RegulatioRs. An LLLT shall have a right to suemit preof
that the grouflds for suspeasian de net er Ra laRger e>cist. After such Retice, the C01:1rt rnay eRter an order suspeRdiflg
the LLLT fram limited practice.
C. Change of Status after Suspension Pursuant ta This Regulation. An LLLT who has eeeR admiRistrathely
suspeRded URder this rule shall have a right to suemit preof iR a manner afld form prescrieed ey the Board that the
grauRds for suspeRsion no longer e>dst. The Court may eRter aR order changing status upoR determ inatioR said preof
is satisfactory afld sa loRg as the LLLT meets all other requi:remeRts for limited practice uRder APR 28 and these
regulatiaRs.
REGULATION 16: [RESERVED.JINACTIVE STATUS

AR LLLT may request transfer to iflacti'le status after eeiRg admitted. An LLLT who has eeeR traRsferred to iflactive
status shall coatiHue to meet all coetinuiflg requi:remeRts uRder APR 28 aRd these regulatioRs eKcept for the fulaRcial
respoRsieility aRd trust account declaratioR requi:remeRts.
AR LLLT OR iflactive status may return to acthe status ey filiRg an applicatioa to return to active status with the Board.
To ee granted active status, the LLLT shall ee curreRt OR all liceRsiflg requi:remeRtS, iflcludiRg paymeAt of the aooual
fees, the coRtifluiflg education requi:remeRts, aRd the fiRaRcial respoRsieility requiremeRts.
REGULATION 17: !RESERVED.JVOLUNTARY Cf..NCELLATION OF LICENSE

A. Valuntary Caneellatian of LLLT Lieense. Any LLLT may request to voluntarily surrender the LLLT license by
Ratifying the Board ifl writiHg afthe desire ta cancel the LLLT license. The Board may deny requests for \'Olootary
caRcellation fram any LLLT who is the subject of a pending disciplinary ifl'lestigation or proceediRg. After entry af
the caRcellatiaR arder by the Supreme Caurt, the former bbLT shall not accept any new elieRts or engage iR work as afl
LLLT iR aRy matter. The Board will natify the LLLT of the effective date of the cancellatioR if approved. The former
LLLT shall then promptly aotify by registered er certified mail, return receipt request, all clients ifl peRdiflg matters of
the liceRse cancellation and the consequeRt iRability to act as an LLLT.
8. Voluntary Caneellation of Siegle Praetiee Area Lieense. A11 LLLT licensed ifl two or more practice areas may
request to Yoluntarily surrender a single practice area liceRse by notifyiflg the Board ifl writiRg af the desire to cancel
the LLLT siflgle practice area license. The Board may deRy requests for voluntary caf\cellatioR ofa siflgle practice
area liceRse from any LLLT 'Nho is the subject ofa peRding disciplinary iH'lestigation or proceeding. After eRtry of
the caRcellation order b)' the Supreme Co1:1rt, the LLLT shall aot accept aRy new clieRts or eRgage in work as aR LLLT
iR aRy matter ifl the voluntarily cancelled practice area. The Board will notif) the LLLT of the effecti1e date of the
caRcellatiaR ifappro1ed. The former LLLT shall theR promptly natify by registered or certified mail, return receipt
req1:1est, all clients with pending matters in the v0l1:1ntarily caflcelled practice area of the liceflse cancellation and the
c0Rseq1:1eflt iRability to act as afl LLLT in the specific practice area.
C. Reinstatemeat after Voluntary CancellatiaR. In order ta be reiflstated, aR LLLT who \'01ufltarily cancels his or her
liceflse must reapply, pass the certifying eKamiRations, and complete all other requi:remefltS for liceflsure purs1:1ant to
APR 28 aRd these Regulations.
REGULATION 18: IRESERVED.JREAPPLICATION FOR LICENSURE AFTER DISCIPLINARY

REVOCATION
}>fo applicatioR for liceRsure after discipliflary revocatioR shall be filed withifl a period of five years after re1ocatio0 or
withiR ORe year after an ad',rerse decision of the S1:1preme Co1:1rt 1:1pon a former application, or within one year after an
adverse recammendation of the Board on a former applicatioA when that recommendatioR is not s1:1bmitted to the
Supreme Court. If prior to revocation the bbbT was s1:1spended on an iHterim basis pendiRg discipliRa1y proceediflgs,
the period of s1:1spension shall be credited toward the five years referred to above.
REGULATION 19: [RESERVED.INOTICE AND FILING

679
All Retiees aRd filiRgs required by these RegulatieRs, iReludiflg applieatieRs fur lieeRsure as a Limited LieeRse Legal
TeehRieiaR, shall be deli1ered ta the headquarters ef the AsseeiatieR.
REGULATION 20: AMENDMENT AND BOARD POLICIES

These Regulations may be altered, amended, or repealed by vote of the LLLT Board on approval of the Supreme
Court. The LLLT Board has ongoing authority to adopt policies for the administration of the LLLT program
consistent with APR 28 and these Regulations.
R edline Adm ission and Practice Rules (APR) September 2016 Page 69
680
ADMISSION AND PRACTICE RULES
RULE 1. IN GENERAL; SUPREME COURT; PREREQUISITES TO THE PRACTICE OF LAW;

COMMUNICATIONS TO THE BAR; CONFIDENTIALITY; DEFINITIONS
(a) Supreme Court. The Supreme Court of Washington has the exclusive responsibility and the inherent power
to establish the qualifications for admission to practice law, and to admit and license persons to practice law in this
state. Any person carrying out the functions set forth in these rules is acting under the authority and at the direction of
the Supreme Court.
(b) Prerequisites to the Practice of Law. Except as may be otherwise provided in these rules, a person shall not
appear as an attorney or counsel in any of the courts of the State of Washington, or practice law in this state, unless that
person has passed an examination for admission, has complied with the other requirements of these rules, and is an
active member of the Washington State Bar (referred to in these rules as the Bar). A person shall be admitted to the
practice of law and become an active member of the Bar only by order of the Supreme Court.
(c) Communications to the Association. Communications to the Bar, the Board of Governors, or any individual
person, board, committee or other entity administered by the Bar or acting under authority of these rules, are
absolutely privileged, and no lawsuit may be predicated thereon.
(d) Confidentiality.
(1) Unless expressly authorized by the Supreme Court or by the applicant, all application records, including
related investigation files, documents and proceedings, for admission or fo r a license to practice law or for enrollment
in the law clerk program are confidential and shall be privileged against disclosure, except as necessary to conduct an
investigation, hearing, and appeal or review pursuant to these rules.
(2) Unless expressly authorized by the Supreme Court, all examination questions, scoring keys and other
examination data used by the Bar to administer any examinations for admission or licensing are not subject to public
disclosure.
(3) Unless expressly authorized by the Supreme Court, the following records of the Board of Bar Examiners,
Mandatory Continuing Legal Education Board, Limited Practice Board, Limited License Legal Technician Board,
Law Clerk Board, Character and Fitness Board, and the Client Protection Fund Board are confidential and shall not be
disclosed:
(A) Preliminary drafts, notes, recommendations, and intra-Board memorandums in which opinions are
expressed or policies formulated or recommended;
(B) Records that are relevant to a controversy to which the Board is a party but which records would not be
available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(4) Motions for permission to practice law under APR 8(b) are not confidential and may be disclosed pursuant to
a proper request.
(e) Definitions. T he following definitions apply throughout these Admission and Practice Rules except where
otherwise stated:
(1) "Active legal experience"
(A) when used to describe a requirement for admission or licensure as, or otherwise regarding, a lawyer
means experience in the active practice of law as a lawyer, or as a teacher at an approved law school, or as a judge of
a court of general or appellate jurisdiction or any combination thereof, in a state or territory of the United States or in
the District of Columbia or in any j urisdiction where the common law of England is the basis of its jurisprudence;
(B) when used to describe a requirement for licensing as, or otherwise regarding, a LLLT, means active
experience practicing law as an LLLT;
(C) when used to describe a requirement for licensing as, or otherwise regarding, a LPO means active
experience practicing law as a LPO.
(2) "Bar" means the Washington State Bar, including Bar staff.
(3) "Bar counsel" means a staff lawyer employed by the Bar.
(4) "Board of Governors" means the Board of Governors of the Washington State Bar.
(5) "LLLT" means limited licensed legal technician.
(6) "LPO" means limited practice officer.
(7) "Member" means a person who is identified as belonging to a group identified as members by the Bar's
Bylaws.
(8) "Qualified legal services provider" means a not for profit legal services organization in Washington State
whose primary purpose is to provide legal services to low income clients.
(9) "Supreme Court" means the Supreme Court of Washington.
Redline Admission and Practice Rules (APR) September 20 16 Page l
681
RULE 2. BOARD OF GOVERNORS;
(a) Powers. In addition to any other power or authority in other rules, the Board of Governors shall have the
power and authority to:
( 1) Appoint a Board of Bar Examiners from among the active members of the Bar for the purposes of assisting the
Bar grading examinations for admission or licensing and in writing and maintaining the Washington Law Component;
(2) Appo int a Law C lerk Board from among the active members of the Bar for the purposes of assisting the Bar in
supervising the Law Clerk Program;
(3) Appoint a Character and Fitness Board pursuant to rule 23;
(4) Except as otherwise stated in these Admission and Practice Rules, provide for the administration by the Bar of
all aspects of:
(A) developing the form and content, receiving, reviewing, investigating, and approving or denying
applications for admission and licensing examinations, participating in programs administered by the Bar, being
admitted or licensed to practice law, or changing membership status with the Bar, and any other certificate or
document referred to in these Admission and Practice Rules and
(B) recommending to the Supreme Court the approval or denial of applicants fo r admission or licensure to
practice law;
(5) Approve law schools for the purposes of these rules and maintain a list of such approved law schools;
(6) Prescribe, subject to review by the Supreme Court, the amount of any fees required by these rules; and
(7) Perform any other functions and take any other actions provided for in these rules, or as may be delegated by
the Supreme Court, or as may be necessary and proper to carry out its duties.
(b) Written Request. Any request to the Board of Governors for action on any subject under these rules shall be
in writing and shall be properly filed. For the purpose of these rules, filing shall occur at the headquarters office of the
Bar.
RULE 3. APPLICANTS FOR ADMISSION TO PRACTICE LAW

(a) Prerequisite for Admission. Every person desiring to be admitted to the Bar and the practice of law in
Washington must be of good moral character and possess the requisite fitness to practice law, and must qualify for and
pass an examination except as provided fo r in these rules.
(b) Qualification for Lawyer Bar Examination. To qualify to sit for the lawyer bar examination, a person must
not be eligible for admission by motion or UBE score transfer and must present satisfactory proof of:
(I) graduation with a Juris Doctor (JD) degree from a law school approved by the Board of Governors; or
(2) completion of the law clerk program prescribed by these rules; or
(3) admission to the practice of law, together with current good standing, in any jurisdiction where the common
law of England is the basis of its jurisprudence, and active legal experience for at least three of the five years
immediately preceding the filing of the application; or
(4) graduation with a Master of Laws (LL.M.) degree for the practice of law as defined below and either:
graduation with a JD degree from a United States law school not approved by the Board of Governors,
or
ill} graduation from a university or law school in a jurisdiction outside the United States, with a degree in
law that would qualify the applicant to practice law in tha t jurisdiction.
"LL.M. degree for the practice oflaw" means an LL.M. program at a law school approved by the B oard of Governors
that consists of a minimum of 18,200 minutes of total instruction to inc lude at least 12,000 minutes of instruction on
principles of domestic United States law, whic h must include:
(A) a minimum of 2080 minutes in United States Constitutional Law, including principles of separation of
powers and federalism:
(B) a minimum of2080 minutes in the civil procedure of state and federal courts in the United States;
(C) a minimum of 1400 minutes in the history, goals, structure, values, rules and responsibilities of the
U nited States legal profession and its members; and
(D) a minimum of 1400 minutes in legal analysis and reasoning, legal research, problem solving, and oral and
written communication.
(c) Lawyer Admission by Motion. Lawyers admitted to practice law in other states or territories of the United States
or the District of Columbia are not required to sit for the lawyer bar examination if they:
( I) file a certificate fro m that jurisdiction certifying the lawyer's admission to practice, and the date thereof, and
current good standing or the equivalent; and
Redline Admission and Practice Ru les (APR) September 20 16 Page 2
682
(2) present satisfactory proof of active legal experience for at least three of the five years immediately preceding
the filing of the application.
(d) Lawyer Admission by UBE Score Transfer. Persons with a Uniform Bar Examination score earned in another
state or territory of the United States or the District of Columbia are not required to sit fo r the lawyer bar examination
in Washington if they:
(1) file a transcript demonstrating that the applicant received a UBE score that is equal to or higher than the score
required to pass the UBE in Washington, and it has been not more than 40 months since the date of the administration
of the UBE in which the score was earned ; and
(2) file a transcript demonstrating that the applicant received an MPRE score equal to or higher than the score
required to pass the MPRE in Washington, and the score was received no earlier than three years prior to and no later
than 40 months after the date of the administration of the UBE in which the applicant received the UBE score.
(e) Qualification for LLLT examination. To qualify to sit for the LLLT examination, a person must;
( 1) be at least 18 years of age.
(2) have the following education, unless waived through regulation:
(A) An associate level degree or higher:
(B) 45 credit hours of core curriculum instruction in paralegal studies pursuant to APR 28 Regulation 3 with
instruction to occur at an ABA approved law school, an educational institution with a n ABA approved
paralegal education program, or an education institution with an LLLT core curriculum program approved by
the LLLT Board; and
(C) In each practice area in which an applicant seeks licensure, instruction in the approved practice area based
on a curriculum developed by or in conjunction with an ABA approved law school, covering the key
concepts or topics and the numbe r o f credit hours of instruction required for licensure in that practice area, as
determined by the LLLT Board.
(3) present original proof of passing the Paralegal Core Competency Exam administered by the National
Federation of Paralegal Associations.
(t) Qualification for LPO Examination. To qualify to sit for the LPO examination, a person must be at least 18 years
of age.
(g) Emeritus Pro Bono Admission. A lawyer, LLLT or LPO admitted to practice law in Washington Sta te may apply
for emeritus pro bono status when the lawyer, LLLT or LPO is otherwise full y retired from the practice of law. An
emeritus pro bono lawyer, LLLT or LPO shall provide legal services in Washington State only for a qualified legal
service provider as defined in these rules.
(1 ) To apply, the lawyer, LLLT or LPO shall
(A) file an application in such form and manner as prescribed by the Bar;
(B) present satisfactory proof of active legal experience as defined in APR 1 or at least 5 of the 10 years
immediately preceding the filing of the application;
(C) file a certification from a qualified legal services provider that the applicant's practice of law will comply
with the terms of this rule;
(D) comply with training requirements prescribed by the Bar; and
(E) furnish whatever additional information or proof that may be required in the course of investigating the
applicant.
(2) Upon approval of the application by the Bar, the lawyer, LLLT or LPO shall pay the current year's annual
license fee in the amount required of inactive lawyers, LLLTs or LPOs, whichever is the applicable license type.
Emeritus pro bono lawyers, LLLTs or LPOs are subjec t to annual license renewal as provided by the Board of
Governors.
(3) Upon admission under this section, the practice oflaw by a lawyer, LLLT or LPO shall be limited to
(A) providing legal service for no fee through a qualified legal services provider; or
(B) serving as an unpaid governing or advisory board member or trustee of or providing legal counsel or
service for no fee to a qualified legal services provider.
The prohibition against compensation for emeritus pro bono lawyers, LLLTs or LPOs shall not prevent a qualified
legal services provider from reimbursing an emeritus pro bono lawyer, LLLT or LPO for actual expenses incurred
while rendering legal services under this rule. A qualified legal services provider shall be entitled to receive all court
awarded attorney's fees fo r any representation rendered by the emeritus pro bono lawyer, LLLT or LPO.
(4) Emeritus pro bono lawyers, LLLTs or LP Os shall pay to the Bar an annual license fee in the amount required
of inactive lawyers, LLLTs or LPOs, whichever is the applicable license type.
Redline Admission and Practice Rules (APR) Septe mber 20 16 Page 3
683
(5) The practice of a lawyer, LLLT or LPO admitted under this section shall be subject to the applicable Rules of
Professional Conduct, disciplinary rules, and to all other laws and rules governing lawyers, LLLTs or LPOs admitted
to the Bar.
(6) Emeritus pro bono lawyers, LLLTs or LPOs shall be exempt from compliance with rule 11 concerning
Mandatory Continuing Legal Education.
(7) Emeritus pro bono admission shall be automatically terminated and converted to inactive status when the
lawyer, LLLT or LPO fails to comply with the terms of this rule.
(h) Withholding Approval or Permission to Take Examinations. The Bar may, in its discretion, withhold
approval of an application or withhold permission to take an examination for an otherwise qualified applicant, until the
applicant establishes that all requirements have been met or until completion of an inquiry into the applicant's
character and fitness.
(i) Applications; Fees; Filing.
(1 ) Every applicant for admission shall:
(A) Execute and file an application, in the form and manner and within the time limits that may be prescribed
by the Bar;
(B) Pay upon the filing of the application such fees as may be set by the Board of Governors subject to review
by the Supreme Court; and
(C) Furnish whatever additional information or proof may be required in the course of investigating the
applicant's qualification for admission or licensure, and investigating the applicant's good moral character and fitness
pursuant to APR 20-25.6.
(2) Refunds of any application fees shall be handled according to policies established by the Bar.
(3) Transfers of applicants from administration of one examination to administration of another examination shall
be handled according to policies established by the Bar.
RULE 4. EXAMINATIONS FOR ADMISSION; NOTIFICATION OF RESULTS

(a) Examinations. Examinations for admission to practice law shall be conducted by and under the direction of
the Bar. Examinations shall be held at such times and places as the Bar may designate.
(b) Notification of Results. As soon as practicable after the completion of an examination, applicants will be
notified of the results. The Bar may disclose publicly the names of those applicants who have passed an examination,
but not the names of those who failed an examination unless authorized by the applicant or these rules. There shall be
no appeal or review of examination results.
(c) Repeating Examinations. There is no limitation on the number of times an unsuccessful applicant may apply
for and take subsequent administrations of an examination for admission.
(d) Lawyer Bar Examination. Unless otherwise provided by these rules, applicants for admission to practice as
a lawyer must take and pass the National Conference of Bar Examiners' (NCBE) Uniform Bar Examination (UBE)
and Multistate Professional Responsibility Examination (MPRE).
(1) Washington' s UBE minimum passing score is 270.
(2) Washington's MPRE minimum passing score is 85, which must be earned no earlier than three years prior to
and no later than 40 months after the date of the administration of the UBE in which the applicant received the
minimum passing score.
(3) The Bar may disclose the results of the lawyer bar examination to an applicant's law school and the NCBE.
(e) LLLT Examination. Unless otherwise stated in these rules, all applicants for admission to practice law in
Washington as an LLLT must take and pass an LLLT practice area examination and the LLLT professional
responsibility examination.
(1) The prac tice area examination will test applicants on one specific practice area and knowledge ofLLLT scope
of practice specific to that practice area.
(A) Each practice area examination shall be comprised of three parts: a multiple choice section, an essay
section, and a performance section.
(B) The duration, fonn, and manner of the exam shall be as prescribed by the LLLT Board.
(C) The minimum passing standard for the practice area examination is a score of75 percent for each section
of the examination. A failing grade in one section shall result in failure of the e xamination, in which case grading of
any remaining sections shall not be required.
(D) An applicant who fails the practice area examination may request a copy of their essay and performance
sections if graded. An applicant who passes the practice area examination will not receive a copy of the examination.
684
(2) The LLLT professional responsibility examination will test applicants on their knowledge of the LLLT Rules
of Professional Conduct.
(A) The professional responsibility examination shall be comprised of one multiple choice section.
(B) The minimum passing standard for the professional responsibility examination is a score of75 percent.
(C) The professional responsibility examination must be passed no earlier than 18 months and no later than
40 months from the date of the administration of the practice area examination in which the applicant receives a
passing score.
(t) LPO Examination. All applicants for admission to practice law in Washington as an LPO must take and pass the
LPO examination, which shall test applicants on the legal knowledge and skills required for LPO practice, as well as
the pennissible scope of practice for an LPO and the LPO RPCs, There is not a separate professional responsibility
examination.
(1) The LPO examination consists of three parts, a multiple choice examination, an essay examination, and a
performance examination.
(2) The minimum passing standard for the exa1nination is 75 percent for each section, and applicants must pass all
three sections. A failing grade in one section shall result in failure of the examination in which case grading of any
remaining sections shall not be required.
(3) Those applicants who fail the examination will be informed of their score on each graded section of the
examination.
(4) Copies of the examination shall not be available to any applicant.
RULE 5. PRE-ADMISSION REQUIREMENTS; OATH; RECOMMENDATION FOR ADMISSION;

ORDER ADMITTING TO PRACTICE LAW
(a) Preadrnission Requirements. Before an applicant who has passed an examination for admission, or who
qualifies for admission without passing an examination, may be admitted, the applicant must:
(1) pay to the Bar the annual license fee and any mandatory assessments ordered by the Supreme Court for the
current year;
(2) file any and all licensing forms required of active lawyers, LLLTs or LPOs;
(3) take the Oath for the Practice of Law; and
(4) designate a resident agent ifrequired to do so by APR 13.
(b) Lawyer applicants. In addition to the requirements in section (a) above, lawyer applicants must:
(1) take and pass the Washington Law Component (WLC). The duration, form and manner of the WLC shall be as
prescribed by the Bar. The WLC minimum pass score is 80 percent; and
(2) complete a minimum of 4 hours of education in a curriculum and under circumstances approved by the Bar.
(c) LLLT Applicants. In addition to the requirements in section (a) above, LLLT applicants must:
(1) demonstrate financial responsibility pursuant to APR 28I; and
(2) demonstrate completion of3,000 hours of substantive law-related work experience pursuant to APR 28
Regulation 9.
(d) LPO Applicants. In addition to the requirements in section (a) above, LPO applicants must demonstrate
financial responsibility pursuant to APR 12(f).
(e) Expiration of Preadrnission Requirements. The preadmission requirements must be completed within:
(1) 40 months from the date of the administration of the examination for lawyer applicants;
(2) 40 months from the date of the administration of the examination for LLLT applicants;
(3) 12 months from the date of the administration of the examination for LPO applicants;
(4) 12 months from the date of filing the application, fo r lawyer applicants who apply by motion or UBE score
transfer, except for good cause shown.
(t) Oath for the Practice of Law. The Oath fo r the Practice of Law must be taken before an elected or appointed
judge, excluding judges pro tempore, sitting in open court in the state of Washington. In the event a successful
applicant is outside the state of Washington and the Chief Justice is satisfied that it is impossible or impractical for the
applicant to take the oath before an elected or appointed judge in this state, the Chief Justice may, upon proper
application setting forth all the circumstances, designate a person authorized by law to administer oaths, before whom
the applicant may appear and take said oath.
(g) Contents of Oath. The oath which all applicants shall take is as follows:
OATH FOR THE PRACTICE OF LAW
State of Washington, County of _ ____ ss.
685
I, _____, do solemnly declare:
I. I am fully subject to the laws of the State of Washington and the laws of the United States and wi ll abide by the
same.
2. I will support the constitution of the State of Washington and the constitution of the United States.
3. I will abide by the Rules of Professional Conduct approved by the Supreme Court of the State of Washington.
4. I will maintain the respect due to the courts of justice and judicial officers.
5. If there are limitations on my license to practice law, I will confine my activities to those permitted pursuant to my
license to practice law and will faithfully disclose any limitations on my services.
6. I will not counsel, or maintain any suit, or proceeding, which shall appear to me to be unjust, or any defense except
as I believe to be honestly debatable under the law, unless it is in defense of a person charged with a public offense. I
will employ for the purpose of maintaining the causes confided to me only those means consistent with truth and
honor. I will never seek to mislead the judge or jury by any artifice or false statement.
7. I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in
connection with the business of my client unless this compensation is from or with the knowledge and approval of the
client or with the approval of the court.
8. I will abstain from all offensive personalities, and advance no fact prejudicial to the honor or reputation of a party or
witness unless required by the justice of the cause with which I am charged.
9. I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay
unjustly the cause of any person.
(signature)
SUBSCRIBED AND SWORN TO before me this _ day of _ _ _ _, 20 _ .
Judge
(h) Recommendation for Admission. The Bar shall recommend to the Supreme Court the admission or rejection
of each applicant who has passed an examination for admission or who qualifies for and has been approved for
admission without passing an examination, and who has complied with the preadmission requirements set forth in this
rule. A recommendation for admission shall be based upon the Bar's determination, after investigation, that the
applicant has met all the requirements fo r admission and appears to be of good moral character and fit to engage in the
practice of law. All recommendations of the Bar shall be accompanied by the applicant's application for admission and
any other documents deemed pertinent by the Bar or requested by the Supreme Court. The recommendation and all
accompanying documents shall be kept by the Clerk of the Supreme Court in a record which shall not be a public
record.
(i) Order Admitting to Practice. After examining the recommendation and accompanying documentation
transmitted by the Bar, the Supreme Court may enter such order in each case as it deems advisable. For those
applicants it deems qualified, the Supreme Court shall enter an order admitting them to the practice of law.
(j) Nonresident Lawyers, LLLTs or LPOs. There shall be no requirement that an applicant, lawyer, LLLT or
LPO be a resident in the state of Washing ton.
RULE 6. LAW CLERK PROGRAM

(a) Purpose. The Law Clerk Program provides access to legal education guided by a qualified tutor using an
apprenticeship model that includes theoretical, experiential, and clinical components. Successful completion of the
Law Clerk Program provides a way to meet the education requirement to apply for the lawyer bar examination; it is not
a special admission or limited license to practice law.
(b) Application. Every applicant for enrollment in the law clerk program shall:
(1) Be of good moral character and fitness, as defined in APR 20;
(2) Present satisfactory proof of having been granted a bachelor's degree by a college or university with approved
accreditation; ifthe degree was earned in a non-US jurisdiction, the applicant shall provide supporting documentation
as to its equivalency;
(3) Be engaged in regular, full-time employment in Washington State for an average of32 hours per week with
the primary tutor or primary tutor's employer in a (i) law office, (ii) legal department or (iii) a court of general, limited,
686
or appellate j urisdiction in Washington State. The employment must include tasks and duties which contribute to the
practical aspects of engaging in the practice of law;
(4) Submit in such form and manner as prescribed by the Bar (i) an application fo r enro llment in the program, (ii)
the tutor's application, and, (iii) the applicatio n fee;
(5) Appear for an interview, provide any additional info rmation o r proof, and cooperate in any investigation, as
may be deemed re levant by the B ar; and
(6) If applicable, present a petition fo r Advanced Standing based on law school courses completed or courses
completed in this program during a previo us enrollment. The Bar may grant Advanced Standing to an applicant
approved for enrollment for courses deemed recently and successfully passed and equivalent to courses in the
program.
(7) Where the Bar is satisfied that a primary tutor has arranged a relationship w ith the applicant's full-time
employer consistent with the purposes of the Program, the requirement that the primary tutor, or the primary tutor's
employer, be the law clerk's employer may be waived.
(c) Tutors. To be eligible to act as a tutor in the law clerk program, a lawyer or judge shall:
( 1) Act as a tutor for only one law clerk at a time;
(2) Be an active member in good standing of the Bar, o r be a judicial member who is currently e lected or
appointed to an elected position, who has not received a d isciplinary sanction in the last 5 years, provided that if there
is discipline pending o r a disciplinary sanc tion has been imposed upon the member more than 5 years preceding the
law clerk's application for enrollment, the Bar shall have the discretion to accept or reject the member as tutor;
(3) active legal experience in the practice of law as defined by APR 1 or have held the required judicial position
fo r a t least 10 of the last 12 years immediate ly preceding the filing of the law clerk's application for enrollment. T he 10
years of practice must include at least 2 years in Washington state and may be a combination of active practice and
judicial experience but may not include periods of su spension fo r any reason;
(4) Certify to the applicant's employment as required above and to the tutor's eligib ility, and to agree to instruct
and examine the applicant as prescribed under this rule ; a nd
(5) Act as a tutor only upon the approval of the Bar which may be withheld or withdrawn for any reason.
(d) Enrollment. When an application fo r enrollment has been approved by the Bar, an enro lled law clerk shall:
( 1) Pay an annua l fee as set by the Board of Governors.
(2) Meet the minimum mo nthly requirements of an average of 32 hours per week of employment with the tutor
which may inc lude in-office study time and must include an average of 3 hours per week for the tutor's personal
supervision o f the law clerk. " Personal supervision" is defined as time actually spent with the law clerk for the
exposition and discussion of the law, the recitation of cases, and the critical analysis of the law clerk's written
assignments.
(3) Complete the prescribed course of study which shall be the equivalent of four years of study. Each year of
study shall consist of 6 courses completed in 12 months. Months of leave, failed courses, and months in which the
enrollee does no t meet the minimum number of hours of work and study may not be counted toward the completion of
a course and may e xtend the length of a year of study. Advanced Standing granted may reduce the months of program
study. T he course of study must b e completed within 6 years from the initial date of enrollment.
(4) Abide by APR 6 and the Law C lerk Program Regulations approved by the Board of Governors which provide
the course of study, program requirements and other guidelines to successfull y complete the program.
(e) Course of Study. The subj ects to be studied, the sequence in whic h they are to be studied, and any other
requirement to s uccessfull y comple te the program shall be prescribed in the Law Clerk Progra m Regulations. Progress
toward comple tion of the program shall be evaluated by submission of examinations, certifica tes, reports and
evaluatio ns as fo llows:
( 1) Examinations. At tl1e end of each month, the law clerk shall complete a written examination prepared,
administered, and graded by the tutor. The examination shall be answered without research, assistance, or refere nce to
source materia ls during the examination. T he examination shall be graded pass/fai l.
(2) Certificates. The tutor shall submit the examination, including the grade given for the examination and
comments to the law clerk, and a monthly certificate, stating the law clerk's hours engaged in employment, study and
the tutor's personal supervisio n w ithin I 0 business days fo llowing the month of study. If an examination is no t given,
the mo nthly certificate shall be submitted stating the reason.
(3) Book Reports. The law clerk shall s ubmit three book reports fo r the Jurisprudence course requirement
correspond ing to each year of study.
(4) Evaluations. Annually, o r at othe r intervals deemed necessary, the law clerk shall participate wi th the tutor in
an evaluation of the law clerk's progress.
Redline Ad mission and Practice Rules (APR) September 2016 Page 7
687
(t) Completion of the program. A law clerk shall be deemed to have successfully completed the program when:
(l) All required courses have been completed and passed as certified each month by the tutor, and all book reports
have been submitted;
(2) The tutor has certified that the law clerk, in the tutor's opinion, is qualified to take the lawyer bar examination
and is competent to practice law; and
(3) The Bar has certified that all program requirements are completed.
(g) Termination. The Bar may direct a law clerk to change tutors if approval of a tutor is w ithdrawn. The Bar may
terminate a law clerk's enrollment in the program for:
(1) Failure to complete the prescribed course of study within 6 years from the date of enrollment;
(2) Failure of the tutor to submit the monthly examinations and certificates at the end of each month in which they
are due;
(3) Failure to comply with any of the requirements of the law clerk program; and
(4) Any other grounds deemed pertinent.
(h) Effective Date. Revision of this rule shall not apply retroactively. A law clerk may complete the program
under the version of the rule in effect at the start of enrollment.
(i) Confidentiality. Unless expressly authorized by the Supreme Court, the program applicant, or by a current or
former law clerk, enrollment and related records, documents, and proceedings are confidential and shall be privileged
against disclosure, except that the fact of successful completion of the program shall be subject to disclosure.
RULE 7. [RESERVED]
RULE 8. NON-MEMBER LAWYER LICENSES TO PRACTICE LAW

(a) In General. Lawyers admitted to the practice oflaw in any state or territory of the United States or the District
of Columbia or in any foreign jurisdiction, who do not meet the qualifications stated in APR 3, may engage in the
limited practice oflaw in this state as provided in this rule. Lawyers permitted or licensed to practice law under this
rule are not members of the Bar.
(b) Exception for Particular Action or Proceeding. A lawyer member in good standing of, and permitted to
practice law in, the bar of any other state or territory of the United States or of the District of Columbia, or a lawyer
who is providing legal services for no fee through a qualified legal services provider pursuant to rule 8(f), may appear
as a lawyer in any action or proceeding only
(i) with the permission of the court or tribunal in which the action or proceeding is pending, and
(ii) in association with an active lawyer member of the Bar, who shall be the lawyer of record therein, responsible
for the conduct thereof, and present at proceedings unless excused by the court or tribunal. The requirement in (ii) is
waived for a lawyer who is a full-time active duty military officer serving in the office of a Staff Judge Advocate of the
United States Army, Air Force, Navy, Marines, or Coast Guard, a Naval Legal Service Office or a Trial Service
Office, located in the State of Washington.
(!)An application to appear as such a lawyer shall be made by written motion to the court or tribunal before
whom the action or proceeding is pending, in a form approved by the Bar, which shall include certification by the
lawyer seeking permission under this rule and the associated Washington lawyer that the requirements of this rule
have been complied with, and shall state the date on which the fee and any mandatory assessment required in part (2)
were paid, or state that the fee and assessment were waived pursuant to part (2) . The motion shall be heard by the court
or tribunal after such notice to the Bar and payment of fees and assessments as required in part (2) below, unless
waived pursuant to part (2), and to adverse parties as the court or tribunal shall direct. Payment of the required fee and
assessment shall only be necessary upon a lawyer's first application to any court or tribunal in the same case. The court
or tribunal shall enter an order granting or refusing the motion, and, ifthe motion is refused, the court or tribunal shall
state its reasons.
(2) The lawyer making the motion shall submit a copy of the motion to the Bar accompanied by
(A) a nonrefundable fee in each case in an amount equal to the license fee required of active lawyer members
of the Bar, and
(B) the Client Protection Fund assessment as required of active lawyer members of the Bar.
(3) Payment of the fee and assessment shall only be necessary upon a lawyer's fust motion to any court or tribunal
in the same case. The associated Washington lawyer shall be jointly responsible for payment of the fee and
assessment. The fee and assessment shall be waived for:
(A) a lawyer providing legal services for no fee through a qualified legal services provider pursuant to rule
8(f),
688
(B) a lawyer rendering service or no fee in either a bar association or governmentally sponsored legal services
organization or in a public defender's office or similar program providing legal services to indigents and only
in that capacity, or
(C) a lawyer who is a full-time active duty military officer serving in the office of a Staff Judge Advocate of
the United States Army, Air Force, Navy, Marines, or Coast Guard, a Naval Legal Service Office or a Trial
Service Office, located in the State of Washington, and who is not receiving any compensation from clients in
(4) The Bar shall maintain a public record of all motions for permission to practice pursuant to this rule.
(5) No member of the Bar shall lend his or her name for the purpose of, or in any way assist in, avoiding the effect
of this rule.
(c) Exception for Indigent Representation. A member in good standing of the bar of another state or territory of
the United States or of the District of Columbia, who is eligible to apply for admission as a lawyer under APR 3 in this
state, while rendering service in either a bar association or governmentally sponsored legal services organization or in
a public defender's office or similar program providing legal services to indigents and only in that capacity, may, upon
application and approval, practice law and appear as a lawyer before the courts of this state in any matte r, litigation, or
administrative proceeding, subject to the following conditions and limitations:
(1) Application to practice under this rule shall be made to the B ar, and the applicant shall be subject to the Rules
for Enforcement of Lawyer Conduct and to the Rules of Professional Conduct.
(2) In any such matter, litigation, or administrative proceeding, the applicant shall be associated with an active
lawyer me mber of the Bar, who shall be the lawyer of record and responsible for the conduct of the matter, litigation,
or administrative proceeding.
(3) The applicant shall either apply for and take the first available lawyer bar examination after the date the
applicant was granted authorization to practice under this rule, or, already have filed an application for admission by
motion or UBE score transfer.
(4) The applicant's authorization to practice under this rule (i) may be terminated by the Supreme Court at any
time with or without cause, or (ii) shall be termina ted automatically for failure to take or pass the required lawyer bar
examination, or (iii) shall be terminated for failure to become an active lawyer member of the Bar within 60 days of the
date the lawyer bar examination results are made public, or (iv) shall be termina ted automatically upon denial of the
application fo r admission, or (v) in any event, shall be terminated within l year from the original date the applicant
was authorized to practice law in this state under this rule.
(d) [Reserved.)
(e) [Reserved.]
(f) Exception for House Counsel. A lawyer admitted to the practice of law in any jurisdiction may apply to the
Bar for a limited license to practice law as in-house counsel in this state when the lawyer is employed in Washington
as a lawyer exclusively for a profit or not for profit corporation, including its subsidiaries and affiliates, association, or
other business entity, that is not a government entity, and whose lawful business consists of activities other than the
practice of law or the provision of legal services. The lawyer shall apply by:
(i) filing a n application in the form and manner that may be prescribed by the Bar;
(ii) presenting satisfactory proof of (I) admission to the prac tice of law and current good standing in any
jurisdiction and {II) good moral character and fitness to practice;
(iii) filing an affidavit from an officer, director, or general counsel of the applicant's employer in this state
attesting to the fact the applicant is employed as a lawyer for the employer, including its subsidiaries and affiliates, and
the nature of the employment conforms to the requirements of this rule;
(iv) paying the application fees required of lawyer applicants for admission unde r APR 3; and
(v) furnishing whatever additional information or proof that may be required in the course of investigating the
applicant.
(1) Upon approval of the application by the B ar, the lawyer shall take the Oath for the Practice of Law, pay the
curre nt year's annual license fee and any mandatory assessments required of active lawyer members. The Bar shall
transmit its recommendation to the Supreme Court which may e nter an order granting the lawyer a license to engage in
the limited prac tice of law under this section.
R edline Admission and Prac tice Rules {APR) September 20 16 Page 9
689
(2) The practice of a lawyer licensed under this section shall be limited to practice exclusively for the employer,
including its subsidiaries and affiliates, furnishing the affidavit required by the rule and shall not include (i) appearing
before a court or tribunal as a person admitted to practice law in this state, and (ii) offering legal services or advice to
the public; or (iii) holding oneself out to be so engaged or authorized.
(3) All business cards and employer letterhead used by a lawyer licensed under this section shall state clearly that
the lawyer is licensed to practice in Washington as in-house counsel.
(4) A lawyer licensed under this section shall pay to the Bar an annual license fee in the maximum amount
required of active lawyer members and any mandatory assessments required of active lawyer members of the Bar.
(5) The practice of a lawyer licensed under this section shall be subject to the Rules of Professional Conduct, the
Rules for Enforcement of Lawyer Conduct, and to all other Jaws and rules governing lawyers admitted to the active
practice of law in this state. Jurisdiction shall continue whether or not the lawyer retains the limited license and
irrespective of the residence of the lawyer.
(6) The lawyer shall promptly report to the Bar a change in employment, a change in admission or license status in
any jurisdiction where the applicant has been admitted to the practice of law or the commencement of any formal
disciplinary proceeding in any jurisdiction where the applicant has been admitted to the practice of law.
(7) The limited license granted under this section shall be automatically terminated when employment by the
employer furnishing the affidavit required by this rule is tenninated, the lawyer has been admitted to the practice of
law pursuant to any other provision of the APR, the lawyer fails to comply with the terms of this rule, the lawyer fails
to maintain current good standing in at least one other jurisdiction where the lawyer has been admitted to the practice
of law, or on suspension or disbarment for discipline in any jurisdiction where the lawyer has been admitted to the
practice of law. If a lawyer's employment is terminated but the lawyer, within three months from the last day of
employment, is employed by an employer filing the affidavit required by (iii), the license shall be reinstated.
(8) A lawyer admitted in another United States jurisdiction and authorized to provide legal services under this
Rule may provide legal services in this jurisdiction for no fee through a Bar qualified legal services provider, as that
term is defined in APR l. If such services involve representation before a court or tribunal the lawyer shall seek
permission under APR 8(b) and any fees for such permission shall be waived. The prohibition against compensation in
this paragraph shall not prevent a qualified legal services provider from reimbursing a lawyer authorized to practice
under this rule for actual expenses incurred while rendering legal services under this pro bono exception. In addition, a
qualified legal services provider shall be entitled to receive all court awarded attorney's fees for pro bono
representation rendered by the lawyer.
(g) [Reserved.)
RULE 9. LICENSED LEGAL INTERNS

(a) Purpose. Supervised professional practice plays an important role in the development of competent lawyers
and expands the capacity of the Bar to provide quality legal services while protecting the interests of clients and the
justice system. This rule authorizes supervised professional practice by qualified law students, enrolled law clerks, and
recent graduates of approved law schools when they are licensed pursuant to this rule to engage in the limited practice
of law as "Licensed Legal Interns". The license granted pursuant to this rule is a limited license, based in part on
recognition of the role practice experience plays in developing the competence of aspiring lawyers and in part on the
fact that the Licensed Legal Intern will be supervised by an experienced lawyer. Persons granted such a limited license
and their supervising lawyers must comply with the obligations and limitations set forth in these rules.
(b) Eligibility. To be eligible to apply to be a Licensed Legal Intern, an applicant must have arranged to be
supervised by a qualifying lawyer and:
(1) Be a student duly enrolled and in good academic standing at an approved law school who has:
(A) successfully completed not less than two-thirds of a prescribed 3-year course of study or five-eighths of a
prescribed 4-year course of study, and
(B) obtained the written approval of the Jaw school's dean or a person designated by such dean and a
certification by the dean or designee that the applicant has met the educational requirements; or
(2) Be an enrolled law clerk who:
(A) is certified by Bar staff to be in compliance with the provisions of APR 6 and to have successfully
completed not less than five-eighths of the prescribed 4-year course of study, and
(B) has the written approval of the primary tutor; or
Redline Admission and Practice Rules (APR) September 20 l 6 Page JO
690
(3) Be a graduate of an approved law school who has not been admitted to the practice of law in any state or
territory of the United States or the District of Columbia, provided that the application is made within nine months of
graduation.
(c) Qualifications to Be a Supervising Lawyer. Except in the sections regarding the application for issuance of
a limited license purs uant to this rule , references in this rule to "supervising lawyer" include both the supervising
lawyer named in the application materials and on the Licensed Legal Intern identification card, and any other lawyer
from the supervising lawyer's office who meets the qualifications ofa supervis ing lawyer and who perforn1s the duties
of a supervising lawyer. A supervising lawyer must be an active lawyer member in good standing of the Bar, who has
been actively engaged in the practice of law in the State of Washington or in any state or territory of the United States
or the District of Columbia for at least the three years immediately preceding the date of the application, who has not
been disbarred or subject to a disciplinary suspension in any jurisdiction within the previous 10 years and does no t
have a disciplinary proceeding pending or imminent, and who has not received a disciplinary sanction of any kind
within the previous three years.
(d) Application. The applicant must submit an application o n a form provided by the Bar and signed by both the
applicant and the supervising lawyer.
(1) The applicant and the supervising lawyer must fully and accurately complete the application, and they have a
continuing duty to correct and update the information on the application while it is pending and during the term of the
limited license. Every applicant and s upervising lawyer must cooperate in good faith with any investigation by
promptly furnishing written or oral explanations, documents, releases, authorizations, or other information reasonably
required by the Bar. Failure to cooperate fully or to appear as directed or to furnish additional information as required
shall be suffic ient reason for the B ar to recommend denial or termination of the license.
(2) The app lication must include:
(A) all requested information about the applicant and the Supervising Lawyer;
(B) the required certification from the law school (or confirmation from the Bar, for APR 6 Law Clerks) that
the applicant has the required educational qualifications; and
(C) certifications in writing under oath by the applicant and the supervising lawyer(s) that they have read, are
familiar with, and w ill abide by this rule and the Rules of Professional Conduct.
(3) Full payment of any required fees must be submitted with the application. The fees shall be set by the Board of
Governors subject to review by the Supreme Court.
(4) Bar staff shall review all applications to determine whether the applicant and the supervising lawyer have the
necessary qualifications, and whether the app licant possesses the requisite good moral character and fitness to engage
in the limited practice of law provided for in this rule. Bar staff may investigate any information contained in or issues
raised by the applicatio n that reflect on the factors contained in APR 2 1-24, and any appl ication that reflects o ne or
more of the facto rs set forth in APR 2 1 shall be referred to Bar Counsel for review.
(5) Bar Counsel may conduct such further investigation as appears necessary, and may refer to the Character and
Fitness Board for hearing any applicant about whom the re is a substantial question whether the applicant possesses the
requisite good moral character and fitness to practice law as defined in APR 20. Such hearing shall be conduc ted as
provided in APR 20-24.3. Bar Counsel may require any d isclosures and conditions of the applicant and supervising
lawyer that appear reasonably necessary to safeguard against unethical conduct by the applicant during the term of the
limited license. No decision regarding the good moral character and fitness to practice of an applicant made in
connection with an application for licensing pursuant to this rule is binding on the Bar or Character and Fitness Board
at the time an app licant applies for admission to practice law and membership in the Bar, and such issues may be
reinvestigated and reconsidered by Bar staff Bar Counsel, and the Character and Fitness Board.
(6) The Supreme Court shall issue or refuse the issuance of a limited license for a Licensed Legal Intern. The
Supreme Court's decision shall be forwarded to the Bar, which shall inform the applicant of the decis ion.
(7) Upon Supreme Court approval of an applicant, the Bar shall send to the applicant, in care of the supervising
lawyer's mailing address on record with the Bar, a letter confirming approval by the Supreme Court and a Licensed
Legal Intern identification card. An applicant must not perform the duties of a Licensed Legal Intern before receiving
the confirming letter and identification card.
(8) Once an applicatio n is accepted and approved and a license is issued, a Licensed Legal Intern is subject to the
Rules of Professional Conduct and the Rules for Enforcement of Lawyer Conduct and to a ll other laws and rules
governing lawyers admitted to the Bar of this state, and is personally responsible for a ll services performed as a
Licensed Legal Intern. Any offense that would subject a lawyer admitted to practice law in this state to suspension or
disbarment may be punished by termination of the Licensed Legal Intem's license, or suspension or forfeitu re of the
Licensed Legal Intem's privilege of taking the lawyer bar examination and being admitted to practice law in this state.
Redline Admission a nd Practice R ules (APR) September 20 16 Page 11
691
(9) A Licensed Legal Intern may have up to two supervising attorneys in different offices at one time. A Licensed
Legal Intern may submit an application for approval to add a supervising attorney in another office or to change
supervising attorneys any time within the term of the limited license. When a Licensed Legal Intern applies to add a
supervising attorney in another office, the Intern must notify both the current supervising attorney and the proposed
new supervising attorney in writing about the application, and both the current and the new supervising attorney must
approve the addition and certify that such concurrent supervision will not create a conflict of interest for the Licensed.
Legal Intern. The qualifications of the new supervising attorney will be reviewed by Bar staff who may approve or
deny the supervisor. The Licensed Legal Intern will be notified of approval or denial of the new supervising attorney
as described above and must not perform the duties of a licensed legal intern before receiving a new confirming letter
containing notification of approval and a new identification card.
(e) Scope of Practice, Prohibitions and Limitations. In addition to generally being permitted to perform any
duties that do not constitute the practice of law as defined in General Rule 24, a Licensed Legal Intern shall be
authorized to engage in the limited practice of law only as authorized by the provisions of this rule.
( 1) A Licensed Legal Intern may engage in the following activities without the presence of the supervising
attorney:
(A) Advise or negotiate on behalf of a person referred to the Licensed Legal Intern by the supervising lawyer;
(B) Prepare correspondence containing legal advice to clients or negotiating on behalf of clients, pleadings,
motions, briefs or other documents. All such correspondence, pleadings, motions, and briefs must be reviewed and
signed by the supervising attorney, as well as any other documents requiring the signature of a lawyer. On any
correspondence or legal document signed by the Licensed Legal Intern, the Licensed Legal Intem's signature shall be
followed by the title " Licensed Legal Intern" and the Licensed Legal Intern's identification number;
(C) Present to the court ex parte and agreed orders signed by the supervising lawyer, except as otherwise
provided in these rules;
(D) After a reasonable period of in-court supervision or supervision while practicing before an administrative
agency, which shall include participating with the supervising lawyer in at least one proceeding of the type involved
before the same tribunal and being observed by the supervising lawyer while handling one additional proceeding of
the same type before the same tribunal:
(i) Represent the State or the respondent in juvenile court in misdemeanor and gross misdemeanor cases;
(ii) Try hearings, non-jury trials, or jury trials, in courts of limited jurisdiction;
(iii) Represent a client in any administrative adjudicative proceeding for which non-lawyer representation is
not otherwise permitted.
(2) In any proceeding in which a Licensed Legal Intern appears before the court, the Licensed Legal Intern must
advise the court of the Intern's status and the name of the Intern's supervising lawyer.
(3) A Licensed Legal Intern may participate in Superior Court and Court of Appeals proceedings, including
depositions, only in the presence of the supervising lawyer or another lawyer from the same office.
(4) A Licensed Legal Intern must not receive payment directly from a client for the Intern's services. A Licensed
Legal Intern may be paid fo r services by the Intern's employer, and the employer may charge for the services provided
by the Licensed Legal Intern as may be appropriate.
(5) A Licensed Legal Intern must not try any motion or case or negotiate for or on behalf of any client unless the
client is notified in advance of the status as a Licensed Legal Intern and of the identity and contact infonnation of the
Licensed Legal Intern's supervising lawyer.
(6) A Licensed Legal Intern must not perform any of the actions permitted by this rule on behalf of or under the
supervision of any lawyer other than the supervising lawyer or another lawyer employed in the same office who is
qualified for such supervision under this rule.
(7) For purposes of the attorney-client privilege, a Licensed Legal Intern shall be considered a subordinate of the
lawyer providing supervision for the Intern.
(t) Additional Obligations of Supervising Lawyer. Agreeing to serve as the supervising lawyer for a Licensed
Legal Intern imposes certain additional obligations on the supervising lawyer. The failure of a supervising lawyer to
comply with the duties set forth in this rule shall be grounds for disciplinary action pursuant to the Rules fo r
Enforcement of Lawyer Conduct. In addition to the duties stated or implied above, the supervising lawyer:
( 1) must provide training to all Licensed Legal Interns supervised by the supervising lawyer, regarding the Rules
of Professional Conduct and how they relate to the limited practice of the Licensed Legal Intern, Such training may be
waived if the supervising lawyer otherwise determines that the Licensed Legal Intern has previously received such
training a nd the supervising lawyer deems such training sufficient for the limited practice that will be supervised;
692
(2) must direct, supervise and review all of the work of the Licensed Legal Intern and shall assume personal
professional responsibility for any work undertaken by the Licensed Legal Intern while under the lawyer's
supervision;
(3) must ensure that all clients to be represented by the Licensed Legal Intern are inforn1ed of the intern's status as
a Licensed Legal Intern in advance of the representation;
(4) must review and sign all correspondence providing legal advice to clients and all pleadings, motions, briefs,
and o ther documents prepared by the Licensed Legal Intern and ensure that they comply with the requirements of this .
rule, and must sign the document if it is prepared for presentation to a court;
(5) must take reasonable steps to ensure that the Licensed Legal Intern is adequately prepared and knowledgeable
enough to be able to handle any assigned matters performed outside the supervising lawyer's presence, but need not be
present in the room while the Licensed Legal Intern is performing such duties unless such presence is specifically
required by this rule;
(6) must s upervise no more than
(a) one Licensed Legal Intern at any one time if the supervising lawyer is in private practice not otherwise
described below;
(b) fo ur Licensed Legal Interns at any one time ifthe supervising lawyer is employed by a recognized
institution of legal aid, legal assistance, public defense or similar programs furnishing legal assistance to indigents, or
by the legal departments of a state, county or municipality; or
(c) 10 Licensed Legal Interns at any one time ifthe supervising lawyer is a full-time clinical supervising
lawyer or a member of the faculty of an approved law school for a clinical course offered by the law school where such
course has been approved by its dean and is directed by a member of its faculty and is conducted within institutions or
legal departments described in the sectio n above o r within the law school, provided that a supervising lawyer attends
all adversarial proceedings conducted by the legal interns;
(7) must meet with any Licensed Legal Intern he/she is supervising, in person or by telepho ne, a minimum of one
time per week, to review cases being handled and to provide feedback on performance, additional guidance and
instruction, and to answer questions or issues raised by the Licensed Legal Intern;
(8) must inform the Bar staff promptly if c ircumstances arise that cause the supervising lawyer to have concern
about the good moral character or fitness to prac tice of a Licensed Legal Intern supervised by that lawyer, and
cooperate in any investigation that may follow s uch a report;
(9) may terminate supervision of a Licensed Legal Intern under this rule at any time, w ith or without good cause,
and must promptly notify the Bar staff of the effective date of the termination and the reasons for the termination;
(10) may be terminated as a supervising lawyer at the discretion of the Bar, and when so terminated, must take
steps to ensure that any Licensed Legal Intern previously supervised by the supervising lawyer ceases to perform
duties or hold him/herself out as thoug h supervised by the supervising lawyer.
(g) Additional Obligations and Limitations. T he following additional general obligations and limitations apply:
(1) A j udge or administrative hearing officer may exclude a Licensed Legal Intern from active participation in a
case in the interest of orderly administration of justice or fo r the protection of a litigant or witness. In such case, a
continuance shall be granted to secure the attendance of the supervising lawyer, who must assume personal
responsibility for that matter.
(2) A Licensed Legal Intern or the supervising lawyer must no tify the B ar staff promptly if the supervising lawyer
named on a Licensed Legal Intem's identification card terminates supervision of the Licensed Legal Intern, a nd such
Licensed Legal Intern is prohibited from performing any of the actions described in these rules unless and until a
change of supervising lawyer has been approved and a new identification card issued.
(h) Term of Limited L icense. A limited license issued pursuant to this rule shall be valid, unless it is revoked or
supervision is terminated, for a period of no t more than 30 consecutive months, and in no case will it be valid if it has
been more than 18 months since the Licensed Legal Intern graduated from law school or completed the APR 6 Law
Clerk program.
( 1) The approval given to a law student by the law school dean or the dean's designee or to a law clerk by the tutor
may be withdrawn at any time by mailing notice to that effect to the B ar, and must be withdrawn if the student ceases
to be duly enrolled as a student prior to graduation, takes a leave of absence from the law school or from the clinical
program for which the limited license was issued, or ceases to be in good academic standing, or if the APR 6 law clerk
ceases to comply with APR 6. When the approval is withdrawn , the Licensed Legal Intem 's license must be terminated
promptly.
(2) A limited license is granted at the sufferance of the Supreme Court and may be revoked at any time upon the
court's own motion, or upon the motion of the Bar, in either case with or without cause.
Redline Admission and Practice Rules (APR) Septembe r 20 16 Page 13
693
(3) A Licensed Legal Intern must immediately cease performing any services under this rule and must cease
holding himself or herself out as a Licensed Legal Intern upon:
(A) the termination for any reason of the Intern's limited license under this rule;
(B) the termination of the supervision for any reason or the upon the resignation of the Intern's supervising
lawyer;
(C) the suspension or termination by the Bar of the supervising lawyer's status as a supervising lawyer;
(D) the withdrawal of approval of the Intern pursuant to this rule, or
(E) the failure of the supervising lawyer to maintain qualification to be a supervising lawyer under the terms
of this rule.
RULE 10. [RESERVED]
RULE 11. MANDATORY CONTINUING LEGAL EDUCATION (MCLE)

(a) Purpose. Mandatory continuing legal education ("MCLE") is intended to enhance lawyers ', LLLTs' and
LPOs' legal services to their clients and protect the public by assisting lawyers, LLLTs and LPOs in maintaining and
developing their competence as defined in RPC 1.1 or equivalent rule for LLLTs and LPOs, fitness to practice as
defined in APR 20, and character as defined in APR 20. These rules set forth the minimum continuing legal education
requirements for lawyers, LLLTs and LPOs to accomplish this purpose.
(b) Definitions. For the purposes of this rule, the following definitions shall apply:
(1) "Activity" means any method by which a lawyer, LLLT or LPO may earn MCLE credits.
(2) "Attending" means participating in an approved activity or course.
(3) "Calendar year" means a time period beginning January 1 and ending December 31.
(4) "Identical activity" means any prior course or other activity that has not undergone any substantial or
substantive changes since last offered, provided or undertaken.
(5) "Lawyer, LLLT or LPO" means an active lawyer, LLLT or LPO of the Bar, a judicial member of the Bar
classified as an administrative law judge, and any other lawyer licensed or authorized to practice law in Washington
who is required by the Admission and Practice Rules (APR) to comply with this rule.
(6) "Reporting period" means a three-year time period as assigned by the Bar in which a lawyer, LLLT or LPO
must meet the education requirements of this rule.
(7) "Sponsor" means a provider of continuing legal education activities.
(c) Education Requirements.
(1) Minimum Requirement. Each lawyer must complete 45 credits and each LLLT and LPO must complete 30
credits of approved continuing legal education by December 31 of the last year of the reporting period with the
(i) at least 15 credits must be from attending approved courses in the subject of law and legal procedure, as
defined in section (f)(l); and
(ii) at least six credits must be in ethics and professional responsibility, as defined in section (f)(2).
(2) Earning Credits. A lawyer, LLLT or LPO earns one credit for each 60 minutes of attending an approved
activity. Credits are rounded to the nearest quarter hour. A lawyer, LLLT or LPO may earn no more than eight credits
per calendar day. A lawyer, LLLT or LPO cannot receive credit more than once for an identical activity within the
same reporting period.
(3) New Lawyers, LLLTs andLPOs. Newly admitted lawyers, LLLTs and LPOs are exempt for the calendar year
of admission.
(4) Militmy Personnel. Military personnel in the United States Armed Forces may be granted an exemption,
waiver or modification upon proof of undue hardship, which includes deployment outside the United States. A
petition shall be filed in accordance with subsection (i)(S) of these rules.
(5) Exemptions. The following are exempt from the requirements of this rule for the reporting period(s) during
which the exemption applies:
(i) Judicial Exemption. Judicial members of the Bar, except for administrative law judges;
(ii) Supreme Court Clerks. The Supreme Court clerk and assistant clerk(s) who are prohibited by court rule
from practicing law;
(iii) Legislative Exemption. Members of the Washington State Congressional Delegation or the Washington
State Legislature; and
(iv) Gubernatorial Exemption. The Governor of Washington state.
694
(6) Comity. The education requirements in Oregon, Idaho and Utah substantially meet Washington's education
requirements for lawyers. These states are designated as comity states. A lawyer may certify compliance with these
rules in lieu of meeting the education requirement by paying a comity fee and filing a Comity Certificate of MCLE
Compliance from a comity state certifying to the lawyer's subjection to and compliance with that state's MCLE
requirements during the lawyer's most recent reporting period.
(7) Canyover Credits. Ifa lawyer, LLLT or LPO completes more than the required number of credits for any one
reporting period, up to 15 of the excess credits, two of which may be ethics and professional responsibility credits,
may be carried forward to the next reporting period.
(d) MCLE Board
( 1) Establishment. There is hereby established an MCLE Board consisting of seven members, six of whom must
be active lawyers, LLLTs or LPOs of the Bar and one who is not licensed to practice law. The Supreme Court shall
designate one board member to serve as chair of the MCLE Board. The members of the MCLE Board shall be
appointed by the Supreme Court. Appointments shall be staggered for a 3-year tern1. No member may serve more than
two consecutive terms. Terms shall end on September 30 of the applicable year.
(2) Powers and Duties.
(i) Rules and Regulations. The MCLE Board shall review and suggest amendments or make regulations to
APR 11 as necessary to fulfill the purpose ofMCLE and for the timely and efficient administration of these rules and
for clarification of education requirements, approved activities and approved course subjects. Suggested amendments
are subject to review by the Board of Governors and approval by the Supreme Court.
(ii) Policies. The MCLE Board may adopt policies to provide guidance in the administration of APR 11 and
the associated regulations. The MCLE Board will notify the Board of Governors and the Supreme Court of any
policies that it adopts. Such policies will become effective 60 days after promulgation by the MCLE Board.
(iii) Approve Activities. The MCLE Board shall approve and determine the number of credits earned for all
courses and activities satisfying the requirements of these rules. The MCLE Board shall delegate this power to the Bar
subject to MCLE Board review and approval.
(iv) Review. The MCLE Board shall review any determinations or decisions regarding approval of activities
made by the Bar under these rules that adversely affect any lawyer, LLLT or LPO or sponsor upon request of the
lawyer, LLLT or LPO, sponsor or Bar. The MCLE Board may take appropriate action consistent with these rules after
any such review and shall notify the lawyer, LLLT or LPO or sponsor in writing of the action taken. The MCLE
Board's decision shall be final.
(v) Fees. The MCLE Board shall determine and adjust fees for the failure to comply with these rules and to
defray the reasonably necessary costs of administering these rules. Fees shall be approved by the Board of Governors.
(vi) Waive and Modify Compliance. The MCLE Board shall waive or modify a lawyer's, LLLT's or LPO's
compliance with the education or reporting requirements of these rules upon a showing of undue hardship filed in
accordance with these rules. The MCLE Board may delegate this power to the Bar subject to (1) parameters and
standards established by the MCLE Board, and, (2) review by the MCLE Board.
(vii) Approve Mentoring Programs. The MCLE Board shall approve mentoring programs that meet
requirements and standards established by the MCLE Board for the purposes of awarding MCLE credit under these
rules.
(viii) Audits for Standards Verification. The MCLE Board may audit approved courses to ensure compliance
with the standards set forth in these rules.
(3) Expenses and Administration. M embers of the MCLE Board shall not be compensated for their services but
shall be reimbursed for actual and necessary expenses incurred in the performance of their duties according to the
Bar's expense policies. The Bar shall provide administrative support to the MCLE Board.
(e) Approved Activities. A lawyer, LLLT or LPO may earn MCLE credit by attending, teaching, presenting
or participating in activities approved by the Bar. Only the following types of activities may be approved:
( 1) Attending, teaching, presenting or participating in or at a course, provided that any pre-recorded audio/visual
course is less than five years old;
(2) Preparation time for a teacher, presenter or panelist of an approved activity at the rate of up to five credits per
hour of presentation time, provided that the presentation time is at least 30 minutes in duration;
(3) Attending law school courses with proof of registration or attendance;
(4) Attending bar review courses for jurisdictions other than Washington with proof of registration or attendance;
(5) Writing for the purpose of lawyer, LLLT or LPO education, when the writing has been published by a
recognized publisher oflegal works as a book, law review or scholarly journal article of at least 10 pages, will earn one
credit for every 60 minutes devoted to legal research and writing;
695
(6) Teaching law school courses, when the instructor is not a full-time law school professor;
(7) Providing pro bono legal services provided the legal services are rendered through a qua lified legal services
provider as defined in APR 1;
(8) Participating in a structured mentoring program approved by the MCLE Board provided the mentoring is free
to the mentee and the mentor is an active member of the Bar in good standing and has been admitted to the practice of
law in Washington for at least five years. The MCLE Board shall develop standards for approving mentoring
programs; and
(9) Judging or preparing law school students for law school recognized competitions, mock trials or moot court.
The sponsoring law school must comply with all sponsor requirements under this rule.
(t) Approved Course Subjects. Only the following subj ects for courses will be approved:
(1) Law and legal procedure, defined as legal education relating to substantive law, legal procedure, process,
research, writing, analysis, or related skills and techno logy;
(2) Ethics and professional responsibility, defined as topics relating to the general subject of professional
responsibility and conduct standards for lawyers, LLLTs, LPOs, and judges, including diversity and anti-bias with
respect to the practice of law or the legal system, and the risks to ethical practice associated with diagnosable mental
health conditions, addictive behavior, and stress;
(3) Professional development, defined as subjects that enhance or develop a lawyer's, LLLT's or LPO's
professional skills including effective lawyering, leadership, career development, communication, and presenta tion
skills;
(4) Personal development and mental health, defined as subjects that enhance a lawyer' s, LLLT's or LPO's
personal skills, well-being and awareness of mental health issues. This includes, stress management, and courses
about, but not treatment for, anxiety, depression, substance abuse, suicide and addictive behaviors;
(5) Office management, defined as subjects that enhance the quality of service to clients and efficiency of
operating an office, including case management, time management, business p lanning, fina ncial management, office
technology, practice development and marketing, client relations, employee relations, and responsibilities when
opening or closing an office;
( 6) Improving the legal system, defined as subjects that educate and inform lawyers, LLLTs or LPOs about
current developments and changes in the practice of law and legal profession in general, including legal education,
global perspectives of the law, courts and other dispute resolution systems, regulation of the practice of law, access to
justice, and pro bone and low cost service planning; and
(7) Nexus subject, defined as a subj ect matter that does not deal directly with the practice of law but that is
demonstrated by the lawyer, LLLT or LPO or sponsor to be related to a lawyer's, LLLT's or LPO' s professional role
as a lawyer, LLLT or LPO.
(g) Applying for Approval of an Activity. In order for an activity to be approved for MCLE credit, the
sponsor or lawyer, LLLT or LPO must apply for approval as follows.
( 1) Sponsor. A sponsor must apply for approval of an activity by submitting to the Bar an application fee and an
application in a form and manner as prescribed by the Bar by no later than 15 days prior to the start or availability of
the activity.
(i) Late fee. A late fee will be assessed for failure to apply by the deadline. The Bar may waive the late fee
for good cause shown.
(ii) Repeating Identical Course. A sponsor is not required to pay an application fee fo r offering an identical
course if the original course was approved and the identical course is offered less than 12 months after the original
course.
(iii) Waiver of Application Fee. The Bar shall waive the application fee for a course if the course is offered
for free by a government agency or nonprofit organization. This provision does not waive any late fee.
(2) Lawyer, LLLT or LPO. A lawyer, LLLT or LPO may apply for approval of an activity not already approved
or submitted for approval by a sponsor by submitting to the Bar an application in a form and manner as prescribed by
the Bar. No application fee is required.
(h) Standards for Approval. Application of the standards for approval, including determination of approved
subject areas and approved activities in subsections (e) and (f) of this rule, shall be liberally construed to serve the
purpose of these rules. To be approved for MCLE credit, all courses, and other activities to the extent the c riteria
apply, must meet all of the following c riteria unless wa ived by the Bar for good cause shown:
( 1) A course must have significant intellectual or practical content designed to maintain or improve a lawyer's,
LLLT's or LPO 's professional knowledge or skills, competence, character, or fitness;
696
(2) Presenters must be qualified by practical or academic experience or expertise in the subjects presented and not
disbarred from the practice of law in any jurisdiction;
(3) Written materials in either electronic or hardcopy fo rmat must be distributed to all lawyers, LLLTs and LPOs
before or at the time the course is presented. Written materials must be timely and must cover those matters that one
would expect for a professional treatment of the subject. Any marketing materials must be separate from the written
subject matter materials;
(4) The physical setting must be suitable to the course and free from unscheduled interruption;
(5) A course must be at least 30 minutes in duration;
(6) A course must be open to audit by the Bar or the MCLE Board at no charge except in cases of
government-sponsored closed seminars where the reason is approved by the Bar;
(7) Presenters, teachers, panelists, etc. are prohibited from engaging in marketing during the presentation of the
course;
(8) A course must not focus directly on a pending legal case, action or matter currently being handled by the
sponsor ifthe sponsor is a lawyer, LLLT, LPO, private law firm, corporate legal department, legal services provider or
government agency; and
(9) A course cannot have attendance restrictions based on race, color, national origin, marital status, religion,
creed, gender, age, disability or sexual orientation.
(i) Lawyer, LLLT or LPO Reporting Requirements.
(1) Certify Compliance. By February l of the year following the end ofa lawyer's, LLLT's or LPO's reporting
period, a lawyer, LLLT or LPO must certify compliance, including compliance by comity certification, with the
education requirements for that reporting period in a manner prescribed by the Bar.
(2) Notice. Not later than July 1 every year, the Bar shall notify all lawyers, LLLTs and LPOs who are in the
reporting period ending December 3 1 of that year, that they are due to certify compliance.
(3) Delinquency. A lawyer, LLLT or LPO who does not certify compliance by the certification deadline or by the
deadline set forth in any petition decision granting an extension may be ordered suspended from the practice of law as
set forth in APR 17.
( 4) Lawyer, LLLT or LPO Late Fee. A lawyer, LLLT or LPO will be assessed a late fee fo r either (i) or (ii) below
but not both.
(i) Education Requirements Late Fee. A lawyer, LLLT or LPO will be assessed a late fee for failure to meet
the minimum education requirements of this rule by December 31. Payment of the late fee is due by February 1, or by
the date set forth in any decision or order extending time for compliance, or by the deadline for compliance set forth in
an APR 17 pre-suspension notice.
(ii) Certification and Comity Late Fee. A lawyer, LLLT or LPO will be assessed a late fee for failure to meet
the certification requirements or comity requirements by February 1. Payment of the late fee is due by the date set
forth in any decision or order extending time for compliance or by the deadline for compliance set forth in an APR 17
pre-suspension notice.
(iii) Failure to Pay Late Fee. A lawyer, LLLT or LPO who fails to pay the MCLE late fee by the deadline fo r
compliance set forth in an APR 17 pre-suspension notice may be ordered suspended from the practice of law as set
forth in APR 17.
(5) Petition/or Extension, Modification or Waiver. A lawyer, LLLT or LPO may file with the MCLE Board an
undue hardship petition for an extension, waiver and/or modification of the MCLE requirements for that reporting
period. In consideration of the petition, the MCLE Board shall consider factors of undue hardship, such as serious
illness, extreme financial hardship, disability, or military service, that affect the lawyer's, LLLT's or LPO's ability to
meet the education or reporting requirements. The petition shall be filed at any time in a form and manner as
prescribed by the Bar but a petition filed later than 30 days after the date of the APR 17 pre-suspension notice will not
stay suspension for the reasons in the APR 17 pre-suspension notice.
(6) Decision on Petition. The MCLE Board shall as soon as reasonably practical notify the lawyer, LLLT or LPO
of the decision on a petition. A lawyer, LLLT or LPO may request review of the decision by filing, within 10 days of
notice of the decision, a request for a hearing before the MCLE Board.
(7) Hearing on Petition. Upon the timely filing of a request for hearing, the MCLE Board shall hold a hearing
upon the petition.
(i) The MCLE Board shall give the lawyer, LLLT or LPO at least 10 days written notice of the time and place
of the hearing.
(ii) Testimony taken at the hearing shall be under oath and recorded.
Redline Admission and Practice Rules {APR) September 20 16 . Page 17
697
(iii) The MCLE Board shall issue written findings of fact and an order consistent with these rules as it deems
appropriate. The MCLE Board shall provide the lawyer, LLLT or LPO with a copy of the findings and order.
(iv) The MCLE Board 's order is final unless within 10 days from the date thereof the lawyer, LLLT or LPO
fi les a written notice of appeal with the Supreme Court and serves a copy on the Bar. The lawyer, LLLTor LPO shall
pay to the Clerk of the Supreme Court any required filing fees.
(8) Review by the Supreme Court. Within 15 days of filing a notice with the Supreme Court fo r review of the
MCLE Board's findings and order, after such a non-compliance petition hearing, the lawyer, LLLT or LPO shall cause
the record or a narrative report in compliance with RAP 9.3 to be transcribed and filed with the Bar.
(i) The MCLE Board chairperson shall certify that any such record or narrative report of proceedings
contains a fair and accurate report of the occurrences in and evidence introduced in the cause.
(ii) The MCLE Board shall prepare a transcript of all orders, findings, and other documents pertinent to the
proceeding before the MCLE Board, which must be certified by the MCLE Board chairperson.
(iii) The MCLE Board shall then file promptly with the Clerk of the Supreme Court the record or narrative
report of proceedings and the transcripts pertinent to the proceedings before the MCLE Board.
(iv) The matter shall be considered by the Supreme Court pursuant to procedures established by order of the
Court, which may in the Court's discretion consist of consideration solely on the basis of the record presented to the
MCLEBoard.
(v) The times set forth in this rule for filing notices of appeal are jurisdictional. The Supreme Court, as to
appeals pending before it, may, fo r good cause shown ( 1) extend the time for the filing or certification of said record or
narrative report of proceedings and transcripts; or (2) dismiss the appeal for fai lure to prosecute the same diligently.
(9) Compliance Audits. The Bar may audit an individual lawyer's, LLLT's or LPO's compliance certification to
substantiate participation in the activities listed in the certification. The Bar may request records from a lawyer, LLLT
or LPO or sponsor for the purpose of conducting the audit and the lawyer, LLLT or LPO must comply with all such
requests. Where facts exist that indicate a lawyer, LLLT or LPO may not have participated in the activities certified to,
the lawyer, LLLT or LPO, may be referred to the Bar's Office of Disciplinary Counsel and/or credit for the activities
may be rescinded.
U)Sponsor Duties. All sponsors must comply with the following duties unless waived by the Bar for good cause
shown:
(1) The sponsor must not advertise course credit until the course is approved by the Bar but may advertise that the
course credits are pending approval by the Bar after an application has been submitted. The sponsor shall
communicate to the lawyer the number of credits and denominate whether the credits are " law and legal procedure" as
defined under section (f)( l), "ethics and professional responsibility" as defined under section (f)(2), or "other,"
meaning any of the other subjects identified in sections (f)(3)-(7).
(2) The sponsor must provide each participant with an evaluation form to complete. The forms or the information
from the forms must be retained fo r two years and provided to the Bar upon request.
(3) The sponsor must submit an attendance report in a form and manner as prescribed by the Bar and pay the
required reporting fee no later than 30 days after the conclusion of the course. A late fee will be assessed for failure to
report attendance by the deadline.
(i) Waiver ofReporting Fee. The Bar shall waive the reporting fee for a course if the course is offered for
free by a government agency or nonprofit organization. This provision does not waive any late fee.
(4) The sponsor must retain course materials for four years from the date of the course. Upon request of the Bar,
a sponsor must submit for review any written, electronic or presentation materials including copies of audio/visual
courses.
(5) The sponsor must keep accurate attendance records and retain them for six years. The sponsor must provide
copies to the Bar upon request.
(6) The sponsor shall not state or imply that the Bar or the MCLE Board approves or endorses any person, law
firm or company providing goods or services to lawyers, LLLTs, LPOs or law firms.
(7) Accredited Sponsors. The Bar may approve and accredit sponsoring organizations as "accredited sponsors"
subj ect to procedures and fees established by the Bar. Accredited sponsors have the same duties as sponsors but have
the additional responsibility of approving their own courses and determining appropriate MCLE credit in accordance
with this rule. Accredited sponsors pay an annual flat fee for all course applications submitted in lieu of an application
fee for each individual course.
(k) Confidentiality. Unless expressly authorized by the Supreme Court or by the lawyer, LLLT or LPO, all
files and records relating to a lawyer's, LLLT's or LPO 's individual MCLE requirements are confidential and shall
be privileged against disclosure except as necessary to conduct an investigation, hearing, and appeal or review
698
pursuant to these rules. This provision does not apply to the Bar except that such records shall not be disclosed to Bar
staff responsible for creating or marketing CLE products.
RULE 12. LITED PRACTICE RULE FOR LITED PRACTICE OFFICERS

(a) Purpose. The purpose of this rule is to authorize certain persons to select, prepare and complete legal
documents incident to the closing of real estate and personal property transactions and to prescribe the conditions of
and limitations upon such activities.
(b) Limited Practice Board.
(1) Composition. The Limited Practice Board (referred to herein as the "LP Board") shall consist ofnine members
appointed by the Supreme Court. Not less than four of the members of the LP Board must be lawyers admitted to the
practice oflaw in the State of Washington. Four members of the LP Board must be business representatives, one each
of the following four industries: escrow, lending, title insurance, and real estate. Appointments shall be for 3-year
staggered terms. No member of the LP Board may serve more than two consecutive terms. Terms shall end on
September 30 of the applicable year. The Supreme Court shall designate one of the members of the LP Board as
chairperson.
(2) Duties and Powers.
(A) LPO Examination. The LP Board shall work with the Bar and others as necessary to create, maintain, and
grade an LPO examination for admission to practice law under this rule. The examination shall consist of
such questions as the LP Board may select on such subjects as may be listed by the Board and approved by
the Supreme Court.
(B) Grievances and discipline. The LP Board 's involvement in the investigation, hearing and appeal
procedures for handling complaints of persons aggrieved by the failure of limited practice officers to comply
with the requirements of this rule and of the Limited Practice Office r Rules of Professional Conduct shall be
as established in the Rules for Enforcement of Limited Practice Officer Conduct (ELPOC).
(C) Approval of Forms. The LP Board shall approve standard forms for use by limited practice o fficers in the
performance of legal services authorized by this rule.
(D) Rules. The LP Board shall propose to the Supreme Court amendments to these rules as may appear
necessary to implement and carry out the provisions of this rule.
(3) Expenses of the Board. Members of the LP Board shall not be compensated fo r their services. For their actual
reasonable and necessary expenses incurred in the performance of their duties, they shall be reimbursed according to
the Bar's expense policies.
(4) Administration. The administrative support to the LP Board shall be provided by the Bar. All notices and
filings required by these Rules, including applications for admission as a Limited Practice Officer, shall be sent to the
headquarters of the Bar.
(c) [Reserved.]
(d) Scope of Practice Authorized by Limited Practice Rule. Notwithstanding any provision of any other rule to
the contrary, a person licensed as a limited practice officer under this rule may select, prepare and complete documents
in a form previously approved by the LP Board for use by others in, or in anticipation of, closing a loan, extension of
credit, sale or other transfer of interest in real or personal property. Such documents shall be limited to deeds,
promissory notes, guaranties, deeds of trust, reconveyances, mortgages, satisfactions, security agreements, releases,
Uniform Commercial Code documents, assignments, contracts, real estate excise tax affidavits, bills of sale, and
powers of attorney. Other documents may be from time to time approved by the LP Board.
(e) Conditions Under Which Limited Practice Officers May Prepare and Complete Documents. Limited
practice officers may render services authorized by this rule only under the following conditions and with the
following limitations:
(1) Agreement of the Clients. Prior to the perforn1ance of the services, all clients to the transaction shall have
agreed in writing to the basic terms and conditions of the transaction. In the case of a power of attorney prepared in
anticipation of a transaction, the principal(s) and attorney(s)-in-fact shall have provided the limited practice officer
consistent written instructions for the preparation of the power of attorney.
(2) Disclosures to the Clients. The limited practice officer shall advise the clients of the limitations of the services
rendered pursuant to this rule and shall further advise them in writing:
(A) that the limited practice officer is not acting as the advocate or representative of either of the clients;
(B) that the documents prepared by the limited practice officer will affect the legal rights of the clients;
(C) that the clients' interests in the documents may differ;
699
(D) that the clients have a right to be represented by lawyers of their own selection; and
(E) that the limited practice officer cannot give legal advice as to the manner in which the documents affect
the clients.
The written disclosure must particularly identify the documents selected, prepared, and/or completed by the limited
practice officer and must include the name, signature and number of the limited practice officer.
(t) Continuing License Requirements.
(l) Continuing Education. Each active limited practice officer must complete a minimum number of credit hours
of continuing education, as prescribed by APR 11.
(2) Financial Responsibility. Each active limited practice officer shall submit to the LP Board proof of ability to
respond in damages resulting from his or her acts or omissions in the perfornrnnce of services permitted under APR 12
in one of the following described manners.
A. Submit an individual policy for Errors and Omissions insurance in the amount of at least $100,000;
B. Submit an Errors and Omissions policy of the employer or the parent company of the employer who has
agreed to provide coverage for the LPO's ability to respond in damages in the amount of at least $ 100,000;
C. Submit the LPO's audited financial statement showing the LPO's net worth to be at least $200,000;
D. Submit an audited financial statement of the employer or other surety who agrees to respond in damages
for the LPO, indicating net worth of$200,000 per each limited practice officer employee to and including five and
an additional $100,000 per each limited practice officer employee over five, who may be subject to the
jurisdiction of the Limited Practice Board; or
E. Submit proof of indemnification by the limited practice officer's government employer.
Each active LPO shall certify annually continued financial responsibility in the form and manner as prescribed by the
Bar. Each LPO shall notify the Bar of any cancellation or lapse in coverage. When an LPO is demonstrating financial
responsibility by 1) an endorsement on the employer's Errors and Omissions insurance policy, or 2) submission of the
employer's audited financial statement accompanied by the Certificate of Financial Responsibility, the Bar shall notify
the employer when the LPO's status changes from Active to another status or when the LPO is no longer admitted to
practice.
(3) License Fees and Assessments. Each limited practice officer must pay the annual license fee established by the
Board of Governors, subject to review by the Supreme Court, and any mandatory assessments as ordered by the
Supreme Court. Provisions in the Bar's Bylaws regarding procedures for assessing and collecting lawyer license fees
and late fees, and regarding deadline, rebates, apportionment, fee reductions, and exemption, and other issues relating
to fees and assessment, shall also apply to LPO license fees and late fees. Failure to pay may result in suspension from
practice pursuant to APR 17.
(4) Trust Account. Each active limited practice officer shall certify annually compliance with Rules l.12A and
l. l 2B of the LPO Rules of Professional Conduct. Such certification shall be filed in a form and manner as prescribed
by the Bar and shall include the bank where each account is held and the account number. Failure to certify may result
in suspension from practice pursuant to APR 17.
(g) Existing Law Unchanged. This rule shall in no way expand, narrow or affect existing law in the following
areas:
( 1) The fiduciary relationship between a limited practice officer and his or her customers or clients;
(2) Conflicts of interest that may arise between the limited practice officer and a client or customer;
(3) The right to act as one's own attorney under the prose exception to the unauthorized practice of law including but
not limited to the right of a lender to prepare documents conveying or granting title to property in which it is taking a
security interest;
(4) The lack of authority of a limited practice officer to give legal advice without being licensed to practice law;
(5) The standard of care which a limited practice officer must practice when carrying out the functions permitted by
this rule.
(h) Treatment of Funds Received Incident to the Closing of Real or Personal Property Transactions.
Persons admitted to practice under this rule shall comply with LPORPC l. l 2A and B regarding the manner in which
they identify, maintain and disburse funds received incidental to the closing of real and personal property transactions,
unless they are acting pursuant to APR 12(g)(3).
(i) Confidentiality and Public Records.
(l) GR 12.4 shall apply to access to LP Board records.
700
U) Inactive Status. A LPO may request transfer to inactive status after being admitted. A LPO on inactive status
is required to pay an annual license fee as established by the BOG and approved by the Supreme Court.. A LPO on
inactive status is not required to meet the financial responsibility requirements or the MCLE requirements.
(k) Reinstatement to Active Status. A LPO on inactive status or suspended from practice may return to active status
by filing an application and complying with the procedures set forth for lawyer members of the Bar in the Bar's By-
laws.
(l) Voluntary Resignation. Any Limited Practice Officer may request to voluntarily resign the LPO license by no-
tifying the Bar in such form and manner as the Bar may prescribe. If there is a disciplinary investigation or proceeding
then pending against the LPO, or if the LPO has knowledge that the filing of a grievance of substance against such
LPO is imminent, resignation is permitted only under the provisions of the applicable disciplinary rules. An LPO who
resigns the LPO license cannot practice law in Washington in any manner, unless they are licensed or authorized to do
so by the Supreme Court.
COMMENT
[1) Comment Re: APR 12(d)
Powers of attorney authorizing a person to negotiate and sign documents in anticipation of, or in the closing
of, a transaction are included in the documents limited practice officers are authorized to prepare. Such
documents may include, but are not limited to, purchase and sale agreements for real or personal property,
loan agreements, and letters of intent.
[2] Comment Re: LPO Professional Standard Of Care
The purpose of this comment is to discuss the legal standard of care to which a limited practice officer is
subject, while also clarifying the limited duties of a limited practice officer compared to an attorney when
selecting and preparing legal documents and to show the greater breadth of a lawyer's duties and services
which a party may not expect when engaging a limited practice officer.
Generally, when anyone selects and prepares a legal document for another, they (including licensed limited
practice officers) will be held to the standard of a lawyer: "to comply with the duty of care, an attorney must
exercise the degree of care, skill, diligence, and knowledge commonly possessed and exercised by a
reasonable, careful and prudent lawyer in the practice of law in this jurisdiction .... " Hizey v. Carpenter, 119
Wn.2d 251, 261, 830 P.2d 246 (1992). However, when selecting and preparing approved forms a limited
practice officer, though having a limited license to practice law as defined and limited in APR 12, will not be
authorized nor charged with many of the duties of a lawyer. Except as provided otherwise in APR 12 rules
and regulations, these include the duty to investigate legal matters, to form legal opinions (including but not
limited to the capacity of an individual to sign for an entity or whether a legal document is effective), to give
legal advice (including advice on how a legal document affects the rights or duties of a party), or to consult
with a party on the advisability of a transaction. See also LPORPC 1.1 , Competence, and LPORPC 1.3,
Communication.
APPENDIX APR 12. [RESERVED]
RULE 13. SIGNING OF PLEADINGS AND OTHER PAPERS; ADDRESS OF RECORD; ELECTRONIC
MAIL ADDRESS; NOTICE OF CHANGE OF ADDRESS, TELEPHONE NUMBER, OR NAME;
RESIDENT AGENT
(a) Signing of Pleadings and Other Papers. All pleadings and other papers signed by a lawyer, LLLT or LPO
and filed with a court shall include the lawyer's, LLLT's or LPO's Bar number in the signature block. The law
department of a municipality, county, or state, public defender organization or law firm is authorized to make an
application to the Supreme Court Clerk for an office identification number. An office identification number may be
701
assigned by the Supreme Court Clerk upon a showing that it will facilitate the process of electronic notification. If an
office identification number is granted, it shall appear with the lawyer's, LLLT's or LPO 's Bar number in the
signature block.
(b) Address of Record; Change of Address. A lawyer, LLLT or LPO must advise the Bar of a current mailing
address and telephone number. The mailing address shall be the lawyer's, LLLT's or LPO's public address of record.
A lawyer, LLLT or LPO whose mailing address or telephone number changes shall, within 10 days after the change,
notify the Bar, who shall forward changes weekly to the Administrative Office of the Court for entry into the state
computer system. The notice shall be in a form acceptable to the Bar and shall include (1) the lawyer's, LLLT's or
LPO's full name, (2) the lawyer's, LLLT's or LPO's Bar number, (3) the previous address and telephone number,
clearly identified as such, (4) the new address and telephone number, clearly identified as such, and (5) the effective
date of the change. The courts of this state may rely on the address information contained in the state computer system
in issuing notices in pending actions.
(c) Electronic mail address. A lawyer, LLLT or LPO shall advise the Bar ofa current electronic mail address. A
lawyer, LLLT or LPO whose electronic mail address changes shall, within 10 days after the change, notify the Bar,
who shall forward changes weekly to the Administrative Office of the Court for entry into the state computer system.
Use of electronic mail addresses for court notice, service and filing must comply with GR 30.
(d) Change of Name. A lawyer, LLLT or LPO whose name changes shall, within 10 days after the change, notify
the Bar, who shall forward changes weekly to the Administrative Office of the Court for entry into the state computer
system. The notice shall be in a form acceptable to the Bar Association and shall contain ( 1) the full previous name,
clearly identified as such, (2) the full new name, clearly identified as such, (3) the lawyer's, LLLT's or LPO' s Bar
number, and (4) the effective date of the change.
(e) Requirements of Local and Other Court Rules Not Affected. The responsibility of a party or a lawyer,
LLLT or LPO to keep the court and other parties and lawyers, LLLTs or LPOs informed of the party's or lawyer's,
LLLT' s or LPO's correct name and current address, as may be required by local or other court rule, is not affected by
this rule.
(f) Resident Agent. If the address ofrecord required under this rule is not in the state of Washington or is not a
physical street address, the lawyer, LLLT or LPO shall file with the Bar the name and address of an agent within this
state fo r the purpose of receiving service of process or of any other document required or permitted by statute or court
rule to be served or delivered to a resident lawyer, LLLT or LPO. Service or delivery to such agent shall be deemed
service upon or delivery to the lawyer, LLLT or LPO. The name and address of the resident agent shall be a public
record. If the address or name of the resident agent changes, the lawyer, LLLT or LPO shall notify the Bar of the
change within 10 days after the change. Judicial and honorary members of the Bar are exempt from the requirements
of this section.
RULE 14. LIMITED PRACTICE R ULE FOR FOREIGN LAW CONSULTANTS

(a) Purpose. The purpose of this rule is to authorize lawyers from a foreign country to advise or consult about
fo reign law and to prescribe the conditions and limitations upon such limited practice.
(b) Qualifications.
( l ) To qualify as a Foreign Law Consul tant applicant for admission to the limited practice of law in the State of
Washing ton as provided in these rules, a person must:
(i) Present satisfactory proof of both admission to the practice of law, together with current good standing, in
a foreign jurisdiction, and active legal experience as a lawyer or counselor at law or the equivalent in a foreign
jurisdiction for at least 5 of the 7 years immediately preceding the application; and
(ii) Possess good moral character and fitness to practice law as defined in APR 20; and
(iii) Execute under oath and file with the Bar an application in such form as may be required by the Bar; and
(iv) File with the application a certificate from the authority in such foreign country having final jurisdiction
over professional discipline, certifying as to the applicant's admission to practice, and the date thereof, and as to the
good standing of such lawyer or counselor at law or the equivalent, together with a duly authenticated English
translation of such certificate, if it is not in English; and
(v) File with the application a letter ofreconunendation from one of the members of the executive body of
such authority or from one of the judges of the highest law court or courts of original jurisdiction of such foreign
country, together with a duly authenticated English translation of such letter, if it is not in English; and
702
(vi) Provide with the application such other evidence of the applicant's educational and professional
qualifications, good moral character and fitness and compliance with the requirements of this rule as the Board of
Governors may require; and
(vii) Pay upon the filing of the application a fee equal to that required to be paid by a lawyer applicant to take
the lawyer bar examination.
(2) Upon a showing that strict compliance with the provisions of subsections (b)(l )(iv) or (b)(l)(v) would cause
the applicant unnecessary hardship, the Bar may at its discretion waive or vary the application of such provisions and
pem1it the applicant to furnish other evidence in lieu thereof.
(c) Procedure. The Bar shall approve or disapprove applications for Foreign Law Consultant licenses. Additional
proof of any fac ts stated in the application may be required by the Bar. In the event of the failure or refusal of the
applicant to furnish any information or proof, or to answer any inquiry of the Board pertinent to the pending
application, the Bar may deny the application. Upon approval of the application by the Bar, the Bar shall recommend
to the Supreme Court that the app licant be granted a license for the purposes herein stated. The Supreme Court may
enter an order licensing to practice those applicants it deems qualified, conditioned upon such applicants:
(1) Taking and filing with the Clerk of the Supreme Court the Oath for the Practice of Law pursuant to APR 5; and
(2) Paying to the Bar the license fee and any mandatory assessments for the current year in the maximum amount
required of active lawyer members; and
(3) Filing with the Bar in writing his or her address in the State of Washington, or the name and address of his or
her registered agent as provided in APR 13, together with a state ment that the applicant has read the Rules of
Professional Conduct and Rules for Enforcement of Lawyer Conduct, is familiar with their contents and agrees to
abide by them.
(d) Scope of Practice. A Foreign Law Consultant shall be authorized to engage in the limited practice of law only
as authorized by the provisions of this rule. A Foreign Law Consultant may not:
(1) Appear for a person other than the Foreign Law Consultant as lawyer in any court or before any magistrate or
othe r judicial officer in this state (other than upon pem1ission for a particular action or proceeding pursuant to rule
8(b)) or prepare pleadings or any other papers or issue subpoenas in any action or proceeding brought in any court or
before any judicial officer of this state;
(2) Prepare any deed, mortgage, assignment, discharge, lease or any other instrument affecting title to real estate
located in the United States; or
(3) Prepare any will or trust instrument affecting the disposition on death of any property located in the United
States and owned by a resident thereof; or any instrument related to the administration of a decedents estate in the
United States; or
(4) Prepare any instrument with respect to the marital relations, rights or duties of a resident of the United States,
or the custody or care of the children of such a resident; or
(5) Render legal advice on the law o f the State of Washington, of any other state or territory of the United States,
of the District of Columbia or of the United States (whether rendered incident to preparation of legal instruments or
otherwise) unless and to the extent that the Foreign Law Consultant is admitted to practice law before the highest court
of such other jurisdiction; or
(6) In any way hold himself or herself out as a member of the B ar of the State of Washington; or
(7) Use any title other than "Foreign Law Consultant", the firm name, and/or authorized title used in the foreign
country where the Foreign Law Consultant is admitted to practice. In each case, such title or name shall be used in
conjunction with the name of such foreign country.
(e) Regulatory Provisions. A Foreign Law Consulta nt shall be subject to the Rules fo r Enfo rcement of Lawyer
Conduct and the Rules of Professional Conduct as adopted by the Supreme Court and to all other laws and rules
governing lawyers admitted to the Bar of this state, except for the requirements of APR 11 relating to mandatory
continuing legal education. Jurisdiction shall continue whether or not the Consultant retains the authority fo r the
limited practice of law in this state, and regardless of the residence of the Consultant.
(f) Continuing Requirements.
(1) Annual Fee and Assessments. A Foreign Law Consultant shall pay to the Bar an annual license fee and any
mandatory assessments for the current year in the max imum a mount required of active lawyer members.
(2) Report. A Foreign Law Consultant shall promptly report to the Bar any change in his or her status in any
j urisdiction where he or she is admitted to practice law.
(g) Termin ation of License. A limited license is granted at the sufferance of the Supreme Court and may be
revoked at any time upon the courts own motion, or upon the motion of the Bar, with or without cause, including
failure to comply with the terms of this rule.
703
(h) Reciprocity. A Foreign Law Consultant applicant shall demonstrate that the country or jurisdiction from
which he or she applies does not impose, by any law, rule or regulation, any requirements, limitations, restrictions or
conditions upon the admission of members of the Bar as Foreign Law Consultants in that foreign country or
jurisdiction which are significantly more limiting or restrictive than the requirements of this rule. The Supreme Court
may deny a license to a Foreign Law Consultant applicant upon that basis, or may impose similar limitations,
restrictions or conditions upon foreign legal consultant applicants from that foreign country or jurisdiction.
RULE 15. CLIENT PROTECTION FUND

(a) Purpose. The purpose of this rule is to create a Client Protection Fund (the Fund), to be maintained and
administered as a trust by the Bar, in order to promote public confidence in the administration of justice and the
integrity of the legal profession.
(b) Establishment. The Fund shall be established and funded through assessments ordered by the Supreme Court
to be paid by members and other licensees to the Bar.
{l) The Board of Governors shall act as Trustees for the Fund.
(2) The Board of Governors shall appoint a Client Protection Board, to help administer the Fund pursuant to these
rules. The Client Protection Board shall consist of 11 lawyers, LLLTs or LPOs and two community representatives
who are not licensed to practice law, who shall be appointed to serve staggered three-year terms.
(3) Funds accruing and appropriated to the Fund may be used for the purpose of relieving or mitigating a
pecuniary loss sustained by any person by reason of the dishonesty of, or failure to account fo r money or property
entrusted to, any lawyer, LLLT or LPO of the Bar as a result of or directly related to the lawyer's, LLLT's or LP O's
practice of law, or while acting as a fiduciary in a matter directly related to the lawyer's, LLLT's or LPO's practice of
law. Such funds may also, through the Fund, be used to relieve or mitigate like losses sustained by persons by reason
of similar acts of an individual who was at one time admitted to the practice oflaw in Washington as a lawyer, LLLT,
or LPO but who was at the time of the act complained of under a court ordered suspension.
(4) The Fund shall not be used for the purpose of relieving any pecuniary loss resulting from a lawyer's, LLLT's
or LPO's negligent performance of services or for acts performed after a lawyer, LLLT or LPO is d isbarred or
revoked.
(5) Payments from the Fund shall be considered gifts to the recipients and shall not be considered entitlements.
(c) F unding. The Supreme Court may by order provide for funding by assessment of lawyers, LLLTs and LPOs
in amounts determined by the court upon the recommendation of the Board of Governors.
(d) Enforcement. Failure to pay any fee assessed by the Supreme Court in the manner and by the date specified
by the Bar shall be a cause for suspension from practice until payment has been made.
(e) Restitution. A lawyer, LLLT or LPO whose conduct results in payment to an applicant shall be liable to the
Fund for restitution.
(I) A lawyer, LLLT or LPO on Active status must pay restitution to the Fund in full within 30 days of final
payment by the Fund to an applicant unless the lawyer, LLLT or LPO enters into a periodic payment plan with Bar
counsel assigned to the Client Protection Board.
(2) Lawyers, LLLTs or LPOs on disciplinary or administrative suspension, disbarred or revoked lawyers, LLLTs
or LPOs, and lawyers, LLLTs or LPOs on any status other than disability inactive must pay restitution to the Fund in
full prior to returning to Active status, unless the attorney enters into a periodic payment plan with Bar counsel
assigned to the Client Protection Board.
(3) A lawyer, LLLT or LPO who returns from disability inactive status as to whom an award has been made shall
be required to pay restitution if and as provided in Procedural Regulation 6(1).
(4) Restitution not paid within 30 days of final payment by the Fund to an applicant shall accrue interest at the
maximum rate permitted under RCW 19.52.050.
(5) Bar counsel assigned to the Client Protection Board may, in his or her sole discretion, enter into an agreement
with a lawyer, LLLT or LPO for a reasonable periodic payment plan ifthe lawyer, LLLT or LPO demonstrates in
writing the present inability to pay assessed costs and expenses.
(A) Any payment plan entered into under this rule must provide for interest at the maximum rate permitted
under RCW 19.52.050.
(B) A lawyer, LLLTor LPO may ask the Client Protection Board to review an adverse determination by Bar
counsel regarding specific conditions for a periodic payment plan. The Chair of the Client Protection Board directs
the procedure for Client Protection Board review, and the Client Protection Board's decision is not subject to further
review.
704
(6) A lawyer' s, LLLT's or LPO's failure to comply with an approved periodic payment plan or to otherwise pay
restitution due under this Rule may be grounds for denial of status change or for discipline.
(t) Administration. The Bar shall maintain and administer the Fund in a manner consistent with these rules and
Regulations.
(g) Subpoenas. A lawyer member of the Client Protection Board, or Bar Counsel assigned to the Client
Protection Board, shall have the power to issue subpoenas to compel the attendance of the lawyer, LLLT or LPO being
investigated or of a witness, or the production of books, or documents, or other evidence, at the taking of a deposition.
A subpoena issued pursuant to this rule shall indicate on its face that the subpoena is issued in connection with an
investigation under this rule. Subpoenas shall be served in the same manner as in civil cases in the superior court.
(h) Repor ts. The Bar shall file with the Supreme Court a full report on the activities and finances of the Fund at
least annually and may make other reports to the court as necessary.
(i) Communications to the Bar. Communications to the Bar, Board of Governors (Trustees), Client Protection
Board, Bar staff, or any other individual acting under authority of these rules, are absolutely privileged, and no lawsuit
predicated thereon may be instituted against any applicant or other person providing information.
CLIENT PROTECTION FUND (APR 15)

PROCEDURAL REGULATIONS
REGULATION 1. PURPOSE
(a) The purpose of these regulations is to establish procedures pursuant to Rule 15 of the Admission and Practice
Rules, to maintain and administer a Client Protection Fund established as a trust by the Bar, in order to promote public
confidence in the administration of justice and the integrity of the legal profession.
(b) Funds accruing and appropriated to the Fund may be used for the purpose of relieving or mitigating a
entrusted to, any lawyer, LLLT or LPO of the Bar as a result of or directly related to the lawyer's, LLLT's or LPO's
practice oflaw, or while acting as a fiduciary in a matter directly related to the lawyer's, LLLT's or LPO's practice of
law. Such funds may also, through the Fund, be used to relieve or mitigate like losses sustained by persons by reason
of similar acts of an individual who was at one time a lawyer, LLLT or LPO of the Bar but who was at the time of the
act complained of under a court ordered suspension.
(c) The Fund shall not be used for the purpose ofrelieving any pecuniary loss resulting from a lawyer's, LLLT's
or LPO's negligent performance of services.
REGULATION 2. ESTABLISHMENT OF THE FUND.

{a) Trustees. Pursuant to APR 15, the members of the Board of Governors will serve during their terms of office
as Trustees (Trustees) for the Fund to hold funds assessed by the Supreme Court for the purposes of the Fund. The Bar
President will serve as President of the Trustees.
(b) Funding. The Trustees may recommend to the Supreme Court that it order an annual assessment of all active
lawyer's, LLLT's and LPOs of the Bar in an amount recommended by the Trustees to be held by them in trust for the
purposes of the Fund.
( c) Enforcement. Any active lawyer, LLLTor LPO failing to pay any annual assessment on or before the date set
for payment by the Supreme Court shall be ordered suspended from the practice oflaw in accordance with APR 17 and
the Bar's Bylaws until the assessment is paid.
REGULATION 3. CLIENT PROTECTION BOARD

(a) Membership. The Client Protection Board shall consist of 11 lawyers, LLLTs or LPOs and two community
representatives who are not licensed to practice law, appointed by the Trustees for terms not exceeding three years
each.
(b) Vacancies. Vacancies on the Client Protection Board shall be filled by appointment of the Trustees.
(c) Officers. The Trustees shall appoint a chairperson of the Client Protection Board for a term of one-year or
until a successor is appointed. The secretary of the Client Protection Board shall be a staff member of the Bar assigned
to the Client Protection Board by the Executive Director of the Bar.
{d) Meetings. The Client Protection Board shall meet not less than once per year upon call of the chairperson, or
at the request of the staff member of the Bar, who shall not be entitled to vote on Client Protection Board matters.
(e) Quorum. A majority of the Client Protection Board members, excluding the secretary, shall constitute a
quorum.
705
(t) Record of Meetings. The secretary shall maintain minutes of the Client Protection Board deliberations and
recommendations.
(g) Authority and Duties of Client Protection Board. The Client Protection Board shall have the power and
authority to:
(1) Consider claims for reimbursement of pecuniary loss and make a report and recommendation regarding
payment or nonpayment on any claim to the Trustees.
(2) Provide a full report of its activities annually to the Supreme Court and the Trustees and to make other reports
and to publicize its activities as the Court or Trustees may deem advisable.
(h) Conflict of Interest.
(1) A Client Protection Board member who has or has had a lawyer/client relationship or financial relationship
with an applicant or lawyer, LLLT or LPO who is the subject of an application shall not participate in the investigation
or deliberation of an application involving that applicant or lawyer, LLLT or LPO.
(2) A Client Protection Board member with a past or present relationship, other than that as provided in section
(1), with an applicant or lawyer, LLLT or LPO who is the subject of an application, shall disclose such relationship to
the Client Protection Board and, if the Client Protection Board deems it appropriate, that member shall not participate
in any action relating to that application.
REGULATION 4. APPLICATIONS FOR PAYMENT

(a) Applications. All applications for payment through the Client Protection Fund shall be made by submitting to
the Bar an application in such form and manner as determined by the Bar, and shall include all information requested
on the form.
(b) Disciplinary Grievances. Before an application for payment from the Fund will be considered, the applicant
must also file a disciplinary grievance with the Office of Disciplinary Counsel, unless the lawyer, LLLT or LPO is
disbarred, revoked or deceased, or unless the Client Protection Board in its discretion finds that no disciplinary
grievance is required.
(c) Information about the Fund. The application and information about the Fund shall be published on the Bar's
public website and provided to any person on request.
REGULATION 5. ELIGIBLE CLAIMS

(a) Eligibility. To be eligible for payment from the Fund, the loss must be caused by the dishonest conduct of a
lawyer, LLLT or LPO or the failure to account for money or property entrusted to a lawyer, LLLT or LPO as a result
of or directly related to the lawyer's, LLLT's or LPO 's practice of law. The loss must also have arisen out of and by
reason of a client-lawyer relationship or a fiduciary relationship in a matter directly related to the lawyer's, LLLT's or
LPO 's practice of law.
{b) Time Limitations. Any application must be made within three years from the date on which discovery of the
loss was made or reasonably should have been made by the applicant, and in no event more than three years from the
date the lawyer, LLLT or LPO dies, is disbarred or revoked, is disciplined for misappropriation of funds, or is
criminally convicted for matters relating to the applicant's loss, provided that the Client Protection Board or Trustees
in their discretion may waive any limitations period for excusable neglect or other good cause.
(c) Dishonest Conduct. As used in these rules and regulations, "dishonest conduct" or "dishonesty" means
wrongful acts committed by a lawyer, LLLT or LPO in the nature of theft or embezzlement of money or the wrongful
taking or conversion of money, property or other thing of value, including but not limited to refusal to refund unearned
fees or expenses as required the Rules of Professional Conduct.
(d) Excluded Losses. Except as provided by Section E of this Regulation, the following losses shall not be
reimbursable:
(1) Losses incurred by related persons, law partners and associate lawyers, LLLTs or LPOs of the lawyer, LLLT
or LPO causing the loss. For purposes of these Rules and Regulations, "related persons" includes a spouse, domestic
partner, child, grandchild, parent, grandparent, sibling, or other relative or individual with whom the lawyer, LLLT or
LPO maintains a close, familial relationship;
(2) Losses covered by any bond, surety agreement, or insurance contract to the extent covered thereby, including
any loss to which any bonding agent, surety, or insurer is subrogated, to the extent of that subrogated interest;
(3) Losses incurred by any financial institution which are recoverable under a "banker's blanket bond" or similar
commonly available insurance or surety contract;
(4) Losses incurred by any business entity controlled by the lawyer, LLLT or LPO or any person or entity
described in Regulation 5 D (1), (2) or (3);
706
(5) Losses incurred by an assignee, lienholder, or creditor of the applicant or lawyer, LLLT or LPO, unless
app lication has been made by the client or beneficiary or the client or beneficiary has authorized such reimbursement;
(6) Losses incurred by any governmental entity or agency;
(7) Losses arising from business or personal investments not arising in the course of or arising out of the
client-lawyer or client-LLLT relationship, or the provision ofLPO services;
(8) Consequential damages, such as lost interest, or attorney's fees or other costs incurred in seeking recovery of a
loss.
(e) Special and Unusual Circumstances. In cases of special and unusual circumstances, the Client Protection
Board may, in its discretion, consider an application which would otherwise be excluded by reason of the procedural
requirements of these rules and regulations.
(f) Unjust Enrichment. In cases where it appears that th ere will be unjust enrichment, or that the applicant
contributed to the loss, the Client Protection Board may, in its discretion, recommend the denial of the application. No
rule should be interpreted as to provide a financial windfall to a claimant from the Fund.
(g) Investment Victims. When considering gifts to claimants who were victimized after investing with a lawyer,
LLLT or LPO, the Client Protection Board may consider such factors as the sophistication of the investor, the length of
the relationship with the lawyer, LLLT or LPO, and whether the investor was aware that the lawyer, LLLT or LPO had
partners who were not lawyers, LLLTs or LPOs.
(h) Exhaustion of Remedies. The Client Protection Board may consider whether an applicant has made
reasonable attempts to seek reimbursement of a loss before taking action on an application. This may include, but is
not limited to, the following:
(1) Filing a claim with an appropriate insurance carrier;
(2) Filing a claim on a bond, when appropriate;
(3) Filing a claim with any and all banks which honored a financial instrument with a fo rged endorsement;
(4) As a prelude to possible suit under part (5) below, demanding payment from any business associate or
employer who may be liable for the actions of the dishonest lawyer, LLLT or LPO; or
(5) Commencing appropriate legal action against the lawyer, LLLT or LPO or against any other party or entity
who may be liable for the applicant's loss.
REGULATION 6. PROCEDURES
(a) Ineligibility. Whenever it appears that an application is not eligible for reimbursement pursuant to Rule 5, the
app licant shall be advised of the reasons why the application may not be eligible for reimbursement.
(b} Investigation and R eport. The Bar staff member assigned to the Client Protection Board shall conduct an
investigation regarding any application. The investigation may be coordinated with any disciplinary investigation
regarding the lawyer, LLLT or LPO. The staff member shall report to the Client Protection Board and make a
recommendation to the Client Protection Board.
(c) Notification of lawyer , LLLT or LPO. The lawyer, LLLT or LPO, or his or her representative, regarding
whom an application is made shall be notified of the application and provided a copy of it, and shall be requested to
respond within 20 days. If the lawyer's, LLLT or LPO's address of record on file with the Bar is not current, then a
copy of the application should be sent to the lawyer, LLLT or LPO at any other address on file with the Bar. A copy of
these R ules and Regulations shall be provided to the lawyer, LLLT or LPO or representative.
(d) Withdrawal of Application/Restitution. If, during the investigation of an application, the Applicant
withdraws the Application or the Applicant receives full restitution of the amount stated in the App lication, the
Applicant and the lawyer, LLLT or LPO shall be advised that the file will be closed without further action.
(e) Testimony. The C lient Protection Board may request that testimony be presented to complete the record.
Upon request, the lawyer, LLLT, LPO or applicant, or their representatives, may be given an opportunity to be heard at
the discretion of the Client Protection Board.
(f) Finding of Dishonest Conduct. The Client Protection Board may make a finding of dishonest conduct for
purposes of considering an application. Suc h a determination is not a finding of dishonest conduct for purposes of
professional d iscipline.
(g) Evidence and Burden of Proof. Consideration of an application need not be conducted according to
technical rules relating to evidence, procedure and witnesses. Any relevant evidence shall be admitted if it is the sort of
evide nce conunonly accepted by reasonably prudent persons in the conduct of their affairs. The app licant shall have
the burden of establishing eligibility for reimburseme nt by a clear preponderance of the evidence.
Redline Admission and Practice Rules {APR) September 2016 Page 27
707
{h) Pending Disciplinary Proceedings. Unless the Client Protection Board or Trustees otherwise direct, no
application shall be acted upon during the pendency of a disciplinary proceeding or investigation involving the same
act or conduct that is alleged in the claim.
(i) Deferred Disciplinary Proceedings; Lawyer, LLLT or LPO on Disability Inactive Status.
(1) If an application relates to a lawyer, LLLT or LPO on disability inactive status, and/or a disciplinary
proceeding or investigation is deferred due to a lawyer 's, LLLT's or LPO's transfer to disability inactive status, the
Client Protection Board may act on the application when received or may defer processing the application for up to
three years ifthe lawyer, LLLT or LPO remains on disabili ty inactive status.
(2) A lawyer, LLLT or LPO on disability inactive status seeking to return to Active status may, while pursuing
reinstatement pursuant to the Rules for Enforcement of Conduct or other applicable discipline rules, request that the
lawyer's, LLLT or LPO's obligation to make restitution for any applications approved while the lawyer, LLLT or LPO
was on disability inactive status be reviewed.
(A) If the request for review is based in, whole or in part on the merits of the application(s), the lawyer, LLLT
or LPO may request the Client Protection Board review and reconsider any such applications. The Client Protection
Board 's decision on review shall be reported to the Trustees, which shall have sole authority for the final decision. If
the Trustees determine that the application(s) should not have been approved, the lawyer, LLLT or LPO will not be
responsible for restitution and the applicant(s) shall not be required to repay the Fund. If the Trustees determine that
the applications were appropriately granted and the lawyer, LLLT or LPO is responsible for restitution, the rules
regarding restitution shall apply.
(B) If the lawyer, LLLT or LPO does not contest the merits of the applications but simply wants to request
that restitution be waived, the request shall be submitted to Bar Counsel for the Fund, who shall submit the request to
the Trustees together with Bar Counsel's recommendation. The decision of the Trustees shall be final and is not
subject to appeal.
(j) Public Participation. Public participation at Client Protection Board meetings shall be permitted only by prior
permission granted by the Client Protection Board chairperson.
(k) Client Protection Board Action.
( 1) Actions of the Client Protection Board Which Are Final Decisions: A decision by the Client Protection Board
on an application for payment of $25,000 or less--whether such decision be to make payment, to deny payment, to
defer consideration, or fo r any action other than payment of more than $25,000--shall be final and without right of
appeal to the Trustees.
(2) Actions of the Client Protection Board Which Are Recommendations to the Trustees: A decision by the Client
Protection Board (a) on an application for more than $25,000, or (b) involving a payment of more than $25,000
(regardless of the amount stated in the application), is not final and is a recommendation to the Trustees which shall
have sole authority for final decisions in such cases.
REGULATION 7. ADJUDICATION BY TRUSTEES

(a) A recommendation by the Client Protection Board (a) concerning applications for more than $25,000, or (b)
that payments of more than $25,000 be made to applicants regarding any one lawyer, LLLT or LPO, shall be reported
to the Trustees which may, in its discretion, adopt, modify, disapprove or take any other appropriate action on the
Client Protection Board's recommendation.
(b) A decision of the Trustees shall be final and there shall be no right of appeal from that decision.
REGULATION 8. NOTIFICATION OF APPLICANT AND LAWYER, LLL T OR LPO

Both the applicant and the lawyer, LLLT or LPO who is the subject of an application shall be advised of any decision
of the Client Protection Board or the Trustees.
REGULATION 9. LIMITATIONS ON REIMBURSEMENT

(a) The Trustees may, at their discretion, set limitations on the amount of reimbursement.
(b) The maximum allowable amount of a gift is $ 150,000. There is no limit on the number of gifts that can be
made to reimburse clients for the wrongful acts of any one lawyer, LLLT or LPO.
(c) Applications approved for $5,000 or less shall be paid in full upon approval by the Client Protection Board
(and the Trustees, if required under these Rules and Regulations). Applications approved for more than $5,000 shall be
paid $5,000 upon approval by the Client Protection Board (and the Trustees, if required under these Rules and
Regulations); payment of the remaining balance approved shall be deferred until fiscal year end and shall be subject to
any proration which may be approved by the Trustees.
708
(d) At the last meeting; of the Trustees for each fiscal year, the Client Protection Board shall report the total
outstanding balance on approved gifts and shall recommend whether the outstanding balance should be paid in full or
prorated. When approved gifts are prorated, the prorated payment shall reflect the total amount of the gift, less the
initial $5,000 payment made upon approval by the Client Protection Board. By way of illustration:
Example 1: The application is for an amount in excess of$ l 50,000. The Client Protection Board recommends and
the Board of Governors, as Trustees, approves a gift in the maximum allowable amount of $1 50,000. $5,000 is paid
upon approval by the Trustees. At fiscal year end, the Client Protection Board recommends and the Board of
Governors, as Trustees, approves using a prorating formula that would result in applicants receiving 20% of their
unpaid gifts. 20% of$145,000 is $29,000, so a second payment of$29,000 is issued to the applicant.
Example 2: In the same fiscal year another applicant applies for and receives a gift in the amount of $7,500.
$5,000 is paid upon approval. At fiscal year end, a second payment is issued for $500.
REGULATION 10.
Any and all payments made to applicants in connection with the Client Protection Fund are gratuitous and are at the
sole discretion of the Trustees.
REGULATION 11.
(a) Restitution. A lawyer, LLLT or LPO whose conduct results in payment to an applicant shall be liable to the
Fund for restitution, and the Trustees may bring such action as they deem advisable to enforce restitution.
(b) Subrogation. As a condition of payment, an applicant shall be required to provide the Fund with a pro tanto
transfer of the applicant's rights against the lawyer, LLLT or LPO, the lawyer's, LLLT's or LP O's legal representative,
estate or assigns; and of the claimant's rights against any third party or entity who may be liable fo r the applicant's loss.
Failure to return a signed subrogation agreement to the Fund within three years of approval of the app lication will
result in revocation of that approval.
(c) Action to Enforce Restitution. In the event the Trustees commence a j udicial action to enforce restitution,
they shall advise the applicant who may then join in the action to recover any unreimbursed losses. If the applicant
commences such an action against the lawyer, LLLT or LPO or another entity who may be liable for the loss, the
applicant shall notify the Fund who may join in the action.
(d) Duty to Cooperate. As a condition of payment, the applicant shall be required to cooperate in all efforts that
the Fund undertakes to achieve restitution.
REGULATION 12.
No lawyer shall charge or accept any payment for prosecuting an application on behalf of an applicant, unless such
charge or payment has been approved by the Trustees.
REGULATION 13.
(a) Matters Which Are Public. On approved applications, the facts and circumstances which generated the loss,
the Client Protection Board's recommendations to the Trustees with respect to payment of a claim, the amount of
claim, the amount of loss as determined by the Client Protection Board, the name of the lawyer, LLLT or LPO causing
the loss, and the amount of payment authorized and made, shall be public.
(b) Matters Which Are Not Public. The Client Protection Board's file, including the application and response,
supporting documentation, and staff investigative report, and deliberations of any app lication; the name of the
applicant, unless the applicant consents; and the name of the lawyer, LLLT or LPO unless the lawyer, LLLT or LPO
consents or unless the lawyer's, LLLT's or LPO 's name is made public pursuant to these rules and regulations, shall
not be public.
REGULATION 14.
Notice of approval of an application to the Fund may be published in the official publication of the Bar and elsewhere
at the direction of the Client Protection Board or Trustees. Notice may also be posted electronically on any web site
maintained by the Bar. If the lawyer, LLLT or LPO has made full restitution to the Fund, any notice posted
electronically by the Bar may, at the request of the lawyer, LLLT or LPO, be removed.
REGULATION 15.
These Rules and Regulations may be amended, al tered or repealed on the recommendation of the Client Protection
Board by a vote of the Trustees, with the approval of the Supreme Court.
709
R ULE 16. [RESERVED]
RULE 17. ADMINISTRATIVE SUSPENSION FROM PRACTICE

(a) Basis for Suspension From Practice. The Bar shall request that the Supreme Court suspend a lawyer, LLLT
or LPO from the practice of law upon:
(1) notification from the Department of Social and Health Services that the lawyer, LLLT or LPO is more than six
months delinquent in noncompliance with a va lid and e nforceable order entered by a court of competent jurisdiction
requiring the lawyer, LLLT or LPO to pay child support; or
(2) failure of a lawyer, LLLT or LPO to comply with licensing requirements under these rules, the applicable
disciplinary rules, or the Bar's Bylaws. This includes but is not limited to a lawyer's, LLLT's or LPO 's:
(A) failure to pay the annual license fee or late payment fee to the Bar;
(B) failure to pay to the B ar any mandatory assessments ordered by the Supreme Court including the Client
Protection Fund assessment;
(C) failure to comply with MCLE requirements;
(D) failure to comply with financial responsibility or professional liability insurance requirements;
(E) fail ure to file annual trust account information;
(F) failure to designate a resident agent when required to do so; and
(G) failure to timely notify the Bar of a change in the lawyer's LLLT's or LPO's name, address, phone
number or email address or resident agent information as required under APR 13.
(b) Notice and Order of Suspension. The Bar shall provide at least 60 days written notice of intent to seek
suspension to a lawyer, LLLT or LPO at the lawyer's, LLLT's or LPO 's address ofrecord with the B ar. The Bar shall
estab lish notice procedures consistent with this rule. A lawyer, LLLTor LPO shall have a right to submit proof that the
grounds for the suspension do not exist or no longer exist. After such notice the Court may enter an order suspending
the lawyer, LLLT or LPO from practice.
( c) Change of Status After Suspension Pursuant to T his Rule. A lawyer, LLLT or LPO who has been
administratively suspended under this rule shall have a right to submit proof to the Bar that the grounds for suspension
no longer exist. The lawyer, LLLT or LPO must adhere to status change procedures established by the Bar. The Court
may enter an order changing status upon determination said proof is satisfactory and so long as the lawyer, LLLT or
LPO meets all other requirements to practice law.
(d) Rules of Professional Conduct No t Superseded. Nothing in this rule supersedes any of the Rules of
RULE 18. [RESERVED)
R ULE 19. LAWYER, LLLT AND LPO SERVICES

(a) Purpose. The purpose of this rule is to protect the public, to assist lawyers, LLLTs and LPOs in the
performance of their duties and responsibilities in the representation of clients, to maintain and improve the integrity
of the legal profession, and to promote the interests of justice.
(b) Lawyers, LLLTs and LPOs Assistance Program (LAP).
( 1) Authorization. The Bar is authorized to create a program to help prevent and alleviate proble ms that may
detrimentally influence a lawyers, LLLTs or LPOs performance, including physical illnesses, emotional problems or
addictions.
(2) Confidentiality. Confidential communications between a LAP client and staff or peer counselors of the
Lawyers', LLLTs' and LPOs' Assistance Program shall be privileged against disclosure without the consent of the
LAP-client to the same extent and subject to the same conditions as confidential communications between a client and
psychologist.
(3) Exoneration From Liability.
(i) Bar and Its Agents. No cause of action shall accrue in favor of any person, arising from any action or
proceeding pursuant to these rules, against the Bar, or its officers or agents (including but not limited to its staff,
members of the Board of Governors, or any other individual acting under the authority of these rules) provided only
that the Bar , or individual shall have acted in good faith. The burden of proving bad faith in this context shall be upon
the person asserting it. The Bar shall provide defense to any action brought against an officer or agent of the Bar for
actions taken in good faith under these rules a nd shall bear the costs of that defense and shall indemnify the officer or
agent against any judgment taken therein.
Redline Admission a nd Practice Rules (APR) September 2016 Page 30
710
(ii) Other persons. Communications to the Bar, Board of Governors, staff, or any other ind ividual acting
under the authority of these rules, are absolutely privileged, and no lawsuit predicated thereon may be instituted
against them or o ther person providing information.
(c) Fee Arbitration Program. [Reserved.]
(d) Law Office Management Assistance Program (LOMAP).
(1) Authorization. The Bar is authorized to create a program to help improve the quality of legal services by
assisting lawyers, LLLTs and LPOs to better manage their offices and improve the professional delivery of legal
services.
(2) Confidentiality. Information obtained by Bar staff or agents of the Law Office Management Assistance
Program shall be confidential unless:
(i) the assisted lawyer, LLLT or LPO consents to disclosure;
(ii) disclosure, based upon reasonable belief, is necessary to prevent the assisted lawyer, LLLT or LPO fro m
committing a crime; or
(iii) pursuant to court order.
(e) Professional Responsibility Program.
(1 ) A uthorization. The Bar is authorized to maintain a program to assist lawyers, LLLTs or LPOs in complying
with their obligations under the Rules of Professional Conduct, thereby enhancing the quality of legal representation
provided by Washington lawyers, LLLTs and LPOs.
(2) Professional Responsibility Counsel. " Professional responsibility counsel" denotes a lawyer employed or
appointed by the Bar to act as counsel on the Bar 's behalf in performing duties under part (e) of this rule, and any other
lawyer employed or appointed by the Bar, including but not limited to disciplinary counsel or general counsel,
whenever such lawyer is temporarily perfo rming those duties.
(3) Ethics Inquiries . Any member of the Bar, or any lawyer, LLLT, LPO or legal intern admitted, licensed or
permitted by rule to practice law in this state, may direct an ethics inquiry to professional responsibility counsel. Such
inquiries should be made by telephone to the Bar's designated ethics inquiry telephone line. The provisions of this rule
also apply to ethics inquiries initially submitted in writing, including facsimile, e-mail, or other electronic means, but
do not apply to requests for written ethics opinions directed to the Bar's Committee on Professional Ethics or its
equivalent.
(4) Scope. An inquirer may request the guidance of professional responsibility counsel in identifying, interpreting
or applying the Rules of Professional Conduct as they relate to his or her prospective ethical conduct. If the inquiry
presents a set of fac ts, those facts should ordinarily be presented in hypothetical format. Professional responsibility
counsel provides no legal advice or opinions, and the inquirer is responsible for making his or her own decision about
the ethical issue presented. The inquiry shall be declined if it (i) requires analysis or resolution of legal issues other
than those arising under the Rules of Professional Conduct; (ii) seeks an opinion about the ethical conduct of a person
other than the inquirer; or (iii) seeks an opinion about the ethical propriety of the inquirer's past conduct.
(5) Limitations and Inadmissibility. Neither the making of an inquiry nor the providing of information by
professional responsibility counsel under this rule creates a client-lawyer relationship. Any information or opinion
provided during the course of an ethics inquiry is the informal, individual view of professional responsibility counsel
only. No information relating to an ethics inquiry, including the fact that an inquiry has been made, its content, or the
response thereto, may be asserted in response to any grievance or complaint under the applicable d isciplinary rules,
nor is such info nnation admissible in any proceeding under the applicable disciplinary rules.
(6) Records. Professional responsibility counsel shall not make or maintain any permanent record of the identity
of an inquirer or the substance of a specific inquiry or response. Professional responsibility counsel may keep records
of the number of inquiries and the nature and type of inquiries and responses. Such records shall be used solely to aid
the Bar in developing the Professional Responsibility Program and developing additional educational programs. Such
records shall be exempt from public inspection and copying and shall not be subject to discovery or disclosure in any
proceeding.
(7) Confidentiality. Communications between an inquirer and professional responsibility counse l are confidential
and shall be privileged against disclosure except by consent of the inquirer or as authorized by the Supreme Court.
Professional responsibility counsel shall not use or reveal information learned during the course of an ethics inquiry
except as RPC 1.9 would permit with respect to in fo rmation of a former client. The provisions of RPC 8.3 do not apply
to information received by professional responsibility counsel during the course of an ethics inquiry.
(f) Communications to the Bar. Communications to the Bar, Board of Governors, staff, or any other individual
acting under the authority of this rule, are abso lutely privileged, and no lawsuit predicated thereon may be instituted
against them or other person providing information.
711
RULE 20. DEFINITIONS RELATING TO CHARACTER AND FITNESS DETERMINATIONS
(a) Applicant. "Applicant" as used in APR 20-25.6 means every applicant for admission to practice law, for
limited admission or licensure to practice law, for enrollment in the APR 6 law clerk program, or for change of
membership class or status under the Bar's Bylaws. In matters involving investigations or hearings pursuant to the
filing of a petition for reinstatement by a disbarred or revoked lawyer, LLLT or LPO, "Applicant" shall also include a
petitioner for reinstatement.
(b) Bar Counsel. "Bar Counsel" as used in APR 20-25.6 means one or more lawyers employed by the Bar who
shall represent the Bar in reviewing applications for admission, readmission and licensure or at hearings before the
Character and Fitness Board and/or act as counsel to the Character and Fitness Board. Bar Counsel who represents the
Bar at hearings before the Character and Fitness Board may make a recommendation in support of or in opposition to
the admission, licensure, enrollment or reinstatement of an Applicant.
(c) Good Moral Character. Good moral character is a record of conduct manifesting the qualities of honesty,
fairness, candor, trustworthiness, observance of fiduciary responsibilities, adherence to the law, and a respect for the
rights of other persons and the judicial process.
(d) Fitness to Practice Law. Fitness to practice law is a record of conduct that establishes that the Applicant meets
the essential eligibility requirements for the practice of law.
(e) Essential Eligibility Requirements. The essential eligibility requirements for the practice of law are:
(1) The ability to exercise good judgment and to conduct oneself with a high degree of honesty, integrity, and
trustworthiness in financial dealings, legal obligations, professional relationships, and in one's professional
business.
(2) The ability to conduct oneself in a manner that engenders respect for the law and adheres to the Washington
Rules of Professional Conduct.
(3) The ability to diligently, reliably, and timely perform legal tasks and fulfill professional obligations to clients,
lawyers, LLLTs, LPOs, courts and others.
(4) The ability to competently undertake fundamental legal skills commensurate with the lawyer, LLLT or LPO
license applied for, such as legal reasoning and analysis, recollection of complex factual information and
integration of such information with complex legal theories, problem solving, and recognition and resolution
of ethical dilemmas; and
(5) The ability to communicate comprehensibly with clients, lawyers, LLLTs, LPOs, courts, and others, with or
without the use of aids or devices.
(t) Health Diagnosis. "Health diagnosis" as used in APR 20-25.6 means a determination or conclusion regarding
a sensory, mental, or physical condition that:
(1) Is medically cognizable or diagnosable; or
(2) Exists in a record or history; or
(3) Is perceived to exist whether or not it exists in fact.
(g) Disbarred or Disbarment. Disbarred or disbam1ent as used in APR 20-25.6 includes those terms as applied to
lawyers or others and also includes the terms revoked or revocation when referring to LLLT and LPO licenses.
RULE 20.1 APPLICATION OF RULES

These rules and any subsequent amendments will apply in their entirety on the effective date as ordered by the
Supreme Court to any pending matter except as would not be feasible or would work an injustice. The Chair may rule
on the appropriate procedure with a view to insuring a fair and orderly proceeding.
RULE 21. FACTORS CONSIDERED WHEN DETERMINING CHARACTER AND FITNESS

(a) Factors Considered. The following factors shall be considered when determining an Applicant's good moral
character and fitness to practice law:
(1) unlawful conduct;
712
(2) academic misconduct;
(3) making of false statements or omitting material information in connection with an application for limited
admission to practice law, to take an examination required for admission, or otherwise for licensure or admission to
practice law;
(4) misconduct in employment;
(5) acts involving dishonesty, making false statements, fraud, deceit or misrepresentation;
(6) abuse of legal process;
(7) neglect of financial responsibilities;
(8) disregard of professional obligations;
(9) violation of a court order;
(10) conduct demonstrating an inability to meet one or more essential eligibility requirements for the practice of
law;
(11) denial of admission to the bar in this or another jurisdiction on character and fitness grounds;
( 12) disciplinary action by any professional licensing or disciplinary agency of any jurisdiction;
(13) conduct that physically threatens or harms another person; and
( 14) any other conduct which reflects adversely on moral character or fitness of the Applicant to practice law.
(b) Aggravating and Mitigating Factors. The following factors shall be considered in mitigation or aggravation
when determining an applicant's good moral character or fitness to practice law:
( l) Applicant's age at the time of the conduct;

(2) Recency of the conduct;
(3) Reliability of the information concerning the conduct;
(4) Seriousness of the conduct;
(5) Factors or circumstances underlying the conduct;
(6) Cumulative nature of the conduct;
(7) Candor in the admissions process and before the Character and Fitness Board;
(8) Materiality of any omissions or misrepresentations; and
(9) Evidence of rehabilitation, recovery, or remission, which may include but is not limited to the following, no
single one of which is determinative:
(i) absence of recent misconduct;

(ii) compliance with any disciplinary, judicial or administrative order arising out of the misconduct;
(iii) sufficiency of punishment;
(iv) restitution of funds or property, where applicable;
(v) Applicant's attitude toward the misconduct, including without limitation acceptance of responsibility and
remorse;
(vi) personal assurances, supported by corroborating evidence, of a desire and intent to engage in exemplary
conduct in the future;
(vii) constructive activities and accomplishments since the conduct in question;
(viii) the Applicant's understanding and acceptance of the factors leading to the misconduct and how similar
misconduct may be avoided in the future;
(ix) length of time in which the Applicant has been in recovery or remission, where applicable, and if it is less
than two years, expert opinion that the period of treatment, recovery or remission is adequate for the applicant to meet
the essential eligibility requirements for the practice of law; and
(x) compliance with any recommended or prescribed treatment plans.
(c) Non-Discrimination Policy. In determining good moral character and fitness to practice law, the Bar and the
Character and Fitness Board shall not discriminate against any applicant on the basis of:
( l) Race, color or ethnic identity;

(2) Gender or gender identity;
(3) Sexual orientation;
(4) Marital status;
(5) Creed or religion;
713
(6) Political beliefs or affiliation;
(7) Sensory, mental or physical disability;
(8) National origin;
(9) Age;
( 10) Honorably d ischarged veteran or military status;
{11) Use of a trained service animal by a person with a d isability; or
( 12) Any other class protected under state or federal law.
RULE 22. CHARACTER AND FITNESS REVIEW OF APPLICATIONS FOR ADMISSION; APPLICANT
DUTIES AND RIGHTS
RULE 22.1 REVIEW OF APPLICATIONS
(a) Admissions Staff Review. All applications for admission or licensure to practice law in Washington state or
to change membership class or status with the Bar, and all petitions for readmission to the practice of law in
Washington state shall be reviewed by the Bar admissions staff for purposes of determining whether any of the factors
set forth in Rule 21(a) are present.
(b) Referral to Bar Counsel--Standard. All applications and petitions which reflect one or more of the factors
set forth in Rule 2 l (a) shall be referred to Bar Counsel fo r review.
( c) Review By Bar Counsel. Upon receiv ing a referral from Bar admissions staff, Bar Counsel may conduct such
further investigation as he or she deems necessary. Bar counsel may issue subpoenas to compel attendance of an
app licant or witness, or the production of books, documents, or other evidence, at a deposition or hearing. Subpoenas
shall be served in the same manner as in civil cases in the superior court. Any investigation or inquiry into a health
diagnosis, alcohol or drug dependence, or treatment for either must comply with sections (e) and (f) of this Rule.
(d) Referral for Hearing-Standard. Bar Counsel shall refer to the Character and Fitness Board for hearing
any Applicant about whom there is a substantial question whether the Applicant possesses the requisite good moral
character and fitness to practice law. In determining whether a substantial question exists, Bar Counsel shall apply the
factors and considerations set forth in Rule 2 l {a) and review the material evidence in the light most favorable to the
Bar's obligation to recommend the licensure or admission to the practice of law of only those persons who possess
good moral character and fi tness to practice law.
(e) Basis for Inquiry into Health Diagnosis and Drug or Alcohol Dependence. Any inquiry by the Bar or the
Character and Fitness Board about drug or alcohol dependence, a health diagnosis, or treatment for either can occur
only if it appears that the Applicant has engaged in conduct that demonstrates the inability to meet one or more of the
essential eligibility requirements and (1 ) the drug or alcoho l dependence, health diagnosis, or treatment information
was disclosed voluntarily to explain the conduct or as a voluntary response to any question on the application; or (2)
the or the Character and Fitness Board learns from a third-party source that the drug or alcohol dependence, health
diagnosis, or treatment was raised as an explanation fo r the conduct.
(t) Scope of Inquiry into H ealth Diagnosis a nd Drug or Alcohol Dependence. When a basis for an inquiry by
the Bar or the Character and Fitness Board has been established under section (e), any such inquiry must be narrowly,
reasonably, and individually tailored and adhere to the following:
( 1) The first inquiry will be to request statements from the Applicant;
(2) Following completion of the inquiry in section (f)(l) above, additional statements may be requested from
treatment providers if reasonably deemed necessary by the Bar or the Character and Fitness Board. The statements of
treatment providers shall be accorded considerable weight; and
(3) In those cases in which the statements from the Applicant and treatment providers do not resolve reasonable
concerns about the Applicant's ability to meet the essential eligibility requirements, the Bar or Character and Fitness
Board may seek medical or treatment records. Any requests for medical or treatment records shall be by way of
narrowly tailored requests and releases that provide access only to information that is reasonably necessary to assess
the Applicant's ab ility to meet the essential eligibility requirements.
Red line Admission a nd Practice Rules (APR) Stptember 20 16 Page 34
714
(4) Any testimony or records from medical or other treatment providers may be admitted into evidence at a
hearing on, or review of, the Applicant's fitness and transmitted with the record on review to the Disciplinary Board
and/or the Supreme Court. Records and testimony regarding the Applicant's fitness shall otherwise be kept
confidential in all respects and neither the records nor the testimony of the medical or treatment provider shall be
discoverable or admissible in any other proceeding or action without the written consent of the Applicant.
RULE 22.2 APPLICANT DUTIES AND RIGHTS
(a) Duty of Applicant. It shall be the duty of every Applicant to cooperate in good faith with any investigation by
required by Bar Counsel, the Bar or the Character and Fitness Board consistent with these rules. Failure to appear as
directed or to furnish additional proof or answers as required or to cooperate fully shall be sufficient reason to reject or
recommend the rejection of an application.
(b) Applicant Contact with Character and Fitness Board. Applicants shall not have direct contact with any
member of the Character and Fitness Board from the time the Applicant's application is filed with the Bar until the
matter is finally resolved by the Character and Fitness Board or the Supreme Court, except to the extent direct contact
is required during the hearing. If the Applicant believes that communication with the Character and Fitness Board is
necessary outside the hearing, such communication shall take place through Bar Counsel. If the Applicant believes
that contact about the Applicant's matter with members of the Character and Fitness Board is necessary after the matter
is finally resolved by the Character and F itness Board or the Court, such contact should be made only through Bar
Counsel.
(c) Applicant Right to Counsel. An applicant may be represented by counsel at any time during the application
process.
RULE 23. CHARACTER AND FITNESS BOARD
(a) Composition. The Character and Fitness Board shall consist of not less than three community representatives
who are not licensed to practice law, appointed by the Supreme Court, and not less than one lawyer, LLLT or LPO
member from each congressional district, appointed by the Board of Governors. The validity of the Character and
Fitness Board's actions is not affected ifthe Character and Fitness Board's makeup differs from the stated constitution
due to a temporary vacancy in any of the specified positions.
{b) Qualifications. Lawyer, LLLT or LPO members must be active lawyers, LLLTs or LPOs of the Bar and have
been active for at least 5 years.
(c) Character and Fitness Board C hair. The Board of Governors shall annually designate one lawyer member
of the Character and Fitness Board to act as chair and another as vice-chair. The vice-chair shall serve as chair in the
absence of or at the request of the chair. If both the chair and the vice-chair will be absent from a meeting or hearing,
the chair may appoint another member of the Character and Fitness Board to serve as chair pro tern at any hearing.
{d) Vacancies. Vacancies in lawyer membership on the Character and Fitness Board and in the office of the chair
and vice-chair shall be filled by the Board of Governors. Vacancies in community representative membership shall be
filled by the Supreme Court. A person appointed to fill a vacancy shall complete the unexpired term of the person he or
she replaces, and if that unexpired term is less than 24 months he or she may be reappointed to a consecutive term.
(e) Quorum. A majority of the Character and Fitness Board members shall constitute a quorum. Given a quorum,
the concurrence of a majority of those present shall constitute action of the Character and Fitness Board. In the event a
quorum is not present, Bar Counsel and the Applicant may agree to waive the requirement of a quorum.
(I) Disqualification. In the event a grievance is made to the Bar alleging an act of misconduct by a lawyer, LLLT
or LPO member of the Character and Fitness Board, the procedures specified in ELC 2.3(b)(5) shall apply.
Redline Admission and Practice Rules {APR) September 20 16 Page 35
715
(g) Pro Tempo re Members. When a member of the Character and Fitness Board is disqualified or unable to
function on a case for good cause, the chair of the Character and Fitness Board may, by written order, designate a
member pro tempore to sit with the Character and Fitness Board to hear and determine the cause. A member pro
tempore may be appointed from among those persons who have previously served as members of the Character and
Fitness Board (or its predecessor Character and Fitness Committee), or from among lawyers, LLLTs or LPOs
appointed as alternate Character and Fitness Board members by the Board of Governors and community
representatives appointed as alternate Character and Fitness Board members by the Supreme Court. A lawyer, LLLTs
or LPO shall be appointed to substitute for a lawyer, LLLT or LPO member of the Character and Fitness Board, and a
conununity representative to substitute for a community representative member of the Character and Fitness Board.
(h) Voting. Each member, whether community representative or lawyer, LLLT or LPO, shall have one vote.
(i) Terms of Office. The term of office for a member of the Character and Fitness Board shall be 3 years. Newly
created Character and Fitness Board positions may be filled by appointments of less than 3 years, as designated by the
Supreme Court or the Board of Governors, to permit as equal a number of positions as possible to be filled each year.
All terms of office begin October 1 and end September 30 or when a successor has been appointed, whichever occurs
later. Members may not serve more than two nonconsecutive terms with a minimum of three years between terms
except as otherwise provided in these rules. Members shall continue to serve until replaced.
RULE 23.1. AUTHORITY OF CHARACTER AND FITNESS BOARD
(a) The Character and Fitness Board shall have the power and authority to:
(1) Conduct hearings concerning matters of character and fitness bearing upon the qualification of Applicants
refened to the Character and Fitness Board by Bar Counsel and of all petitioners fo r reinstatement;
(2) Request medical or other treatment records, hear testimony from and ask questions of medical or other
treatment providers in accordance with Rule 22. l(e) and (f);
(3) Request an Applicant to submit to an Independent Medical Examination in accordance with Rule 24.l(f);
(4) Recommend the approval or denial of an Applicant's application after hearing;
(5) Issue subpoenas to compel attendance of an applicant or witness, or the production of books, documents, or
other evidence, at a deposition or hearing, on the Character and Fitness Board's behalf or at the request of an
Applicant. Subpoenas shall be served in the same manner as in civil cases in the superior court; and,
(6) Perform such other functions and take such other actions as provided in these rules or as may be delegated
to it by the Board of Governors or Supreme Court, or as may be necessary and proper to carry out its duties.
(b) No Character and Fitness Board member shall offer an opinion to an Applicant on whether the Applicant's record
establishes good moral character and fitness to practice law until after the completion of a hearing regarding that
Applicant's app lication or petition.
RULE 23.2 MEETINGS
The Character and Fitness Board shall hold meetings at such times and places as it may determine. Where the chair of
the Character and Fitness Board determines that prompt action is necessary for protection of the public, and that
circumstances do not permit a full meeting of the Character and Fitness Board, the Character and Fitness Board may
vote on a matter otherwise ready for review without meeting together, through telephone, electronic o r written
conununication.
RULE 23.4 CLERK
The Executive Director of the Bar may appoint a suitable person or persons to act as Clerk to the Character and Fitness
Board, and to assist the Character and Fitness Board in carrying out its functions under these rules.
RULE 23.5. SERVICE
716
Unless otherwise agreed by the parties in writing, service of papers and docume nts shall be made by first class postage
prepaid mail to the Applicant's, or his or her counsel's, last known address on record with the Bar. If properly made,
service by mail is deemed accomplished on the date of the mailing. Any notice of change of address shall be submitted
in writing to the Bar.
RULE 24. CHARACTER AND FITNESS BOARD HEARINGS
RULE 24.1 HEARING PROCEDURE
(a) Notice. The Character and Fitness Board may fix a time and place for a hearing on the application, and Bar
Counsel shall serve notice thereof not less than 30 days prior to the hearing upon the Applicant and upon such other
persons as may be ordered by the Character and Fitness Board. This notice requirement may be waived by the
Applicant.
(b) Appearance and Right to Counsel. Applicants shall appear in person at any hearing before the Character and
Fitness Board, unless the Applicant's presence is waived by the Character and Fitness Board for good cause shown.
The presumption is that the Applicant's personal attendance at the hearing will be required. An Applicant may be
represented by counsel.
(c) Burden of Proof. An Applicant must establish by clear and convincing evidence that he or she is of good
moral character and possesses the requisite fitness to practice law.
(d) Proceedings Not Civil or Criminal. Hearings before the Character and Fitness Board are not c ivil or criminal
but are sui generis hearings to determine whether an Applicant is of good moral character and possesses the requisite
fitness to practice law.
(e) Rules of Evidence.
(1) E~identiary rulings shall be made by the Character and Fitness Board chair. A majority of Character and
Fitness Board members present may by vote overrule a ruling by the chair.
(2) Consistent with section ( d) of this rule, evidence, including hearsay evidence, is admissible if in the chair's
judgment it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their
affairs. The chairperson may exclude evidence that is irrelevant, immaterial, or unduly repetitious.
(3) Witnesses shall testify under oath; all testimony shall be transcribed by a certified court reporter.
(4) Expert witnesses shall appear and testify in person or by telephone or video conference before the Character
and Fitness Board, unless in the discretion of the Character and Fitness Board their appearance before the Character
and Fitness Board is waived.
(5) Generally, all documentary evidence to be submitted to the Character and Fitness Board for consideration
must be delivered to Bar Counsel not less than 30 days prior to the hearing. Bar Counsel will provide copies of all
documentary evidence, and any hearing briefs, memoranda, or other documentary material, to the Character and
Fitness Board members and to the Applicant prior to the hearing date.
(6) The Character and Fitness Board may take notice of any judicially cognizable facts, or technical or scientific
facts within a Character and Fitness Board member's specialized knowledge.
(7) Questioning of the Applicant and the Applicant's witnesses shall be conducted by Bar Counsel, by members of
the Character and Fitness Board, and by the Applicant or the Applicant's counsel.
(8) The Character and Fitness Board may question medical or other treatment providers and seek medical or other
treatment records consistent with the provisions of Rule 22. l (e), 22. l(f) and Rule 24.1 (f).
717
(t) Independent Medical Examination. An independent medical examination may be requested by the
Character and Fitness Board only when a basis for an inquiry by the Character and Fitness Board exists under Rule
22. l (e) and only after testimony and evidence presented at the hearing has failed to resolve the Character and Fitness
B oard 's reasonable concerns regarding the Applicant's ability to meet the essential eligibility requirements to practice
law. If the applicant has not previously been requested to provide information under APR 22. l(f)(l), (2) and (3), the
Character and Fitness Board shall provide the applicant with the opportunity to submit such information, within such
reasonable timelines as the Character and Fitness Board shall establish, prior to requesting the independent medical
examination.
(1) Time and Place. Any independent medical examination shall occur at a time and place convenient to the applicant
and shall be conducted by a provider mutually agreed upon by the applicant and the Bar.
(2) Failure to Comply: The failure of an Applicant to agree to or submit to a required independent medical
examination shall result in the Applicant's application or petition being denied.
(3) Costs: The cost of any independent medical examination required by the Character and Fitness Board shall be
borne by the Bar.
(4) Report: The examining professional shall issue a written report of his or her findings which report shall be
provided to the Applicant and his or her counsel, Bar Counsel and the Character and Fitness Board.
(5) Confidentiality ofIME: Any report and testimony of an examining professional may be admitted into evidence at
a hearing on, or review of, the Applicant's fitness and transmitted with the record on review to the Disciplinary
Board and/or the Supreme Court. Reports and testimony regarding the Applicant's fitness shall otherwise be kept
confidential in all respects and neither the report nor the testimony of the examining professional shall be
discoverable or admissible in any other proceeding or action without the consent of the Applicant.
(6) Rebuttal to IME: Applicants shall have the right to provide rebuttal medical infonnation fro m their treating
clinicians if such information is provided within thirty (30) days from the receipt of the independent medical
examination report.
(g) Confidentiality: All hearings and documents before the Character and Fitness Board on applications for
admission or licensure to practice law, enrollment in the law clerk program, and return to active membership are
confidential, but may be provided to the Disciplinary Board or Supreme Court in connection with any appeal or
review, or to other entities with the written consent of the applicant.
RULE 24.2. DECISION AND RECOMMENDATION
(a) Decision. Within 30 days after the proceedings are concluded, or if a transcript is ordered, within 30 days after
the transcript is received by the Character and Fitness Board, unless a greater or shorter period is directed by the
Character and Fitness Board chair, the C haracter and Fitness Board will file with the Bar written findings of fact,
conclusions of law, and a recommendation. Any Character and Fitness Board member or members may file a written
dissent within the same time period.
(b) Action on Character and Fitness Board Recommendation. The recommendation of the Character and
Fitness Board shall be served upon the Applicant pursuant to Rule 23.5.
( 1) If the Character and Fitness Board recommends admission, the record, recommendation and all exhibits shall
be transmitted to the Supreme Court for disposition.
(2) If the Character and Fitness Board recommends against admission, the record and recommendation shall be
retained in the office of the Bar unless the Applicant requests that it be submitted to the Supreme Court by filing a
Notice of Appeal with the Character and Fitness Board within 15 days of service of the recommendation of the
C haracter and Fitness Board. If the Applicant so requests, the Character and Fitness Board will transmit the record,
718
including the transcript, exhibits, and recommendation to the Supreme Court for review and disposition. The
App licant must pay to the Supreme Court any fee required by the Court in connection with the appeal and review.
(c) Reapplication. No application for admission or a license to practice law may be filed within a period of one
year after a decision of the Character and Fitness Board recommending against admission or licensure that is not
appealed to the Supreme Court, and the Bar shall maintain a record of the application, hearing and Character and
Fitness Board recommendation in the Bar records.
RULE 24.3. ACTIO N O N SUPREME COURT'S DETERMINATION
(a) Application Approved. If the application is approved by the Supreme Court, admission shall be subject to the
Applicant's taking and passing any required qualifying examinations and complying with all other requirements for
admission or the license to practice law.
(b) Application Denied. If the application is denied, the Bar shall maintain a record of the application, hearing,
and appeal in the Bar records. No new petition for admission or a license to practice law shall be filed within a period
of one year after the date of the Supreme Court decision denying the application.
RULE 25. PETITIONS FOR REINSTATEM ENT AFTER DISBARMENT

RULE 25.1. RESTRICTIONS ON REINSTATEMENT
(a) Petitions For Reinstatement. All Petitions fo r Reinstatement after Disbarment shall be referred for hearing
before the Character and Fitness Board. The provisions of Rules 20 through 24.3 shall apply to Petitions for
Reinstatement unless otherwise provided fo r in rules 25 through 25.6.
(b) W hen Petition M ay Be Filed. No petition for reinstatement shall be filed within a period of five years after
disbarment or within a period of two years after an adverse decision of the Supreme Court upon a former petition, or
after an adverse recommendation of the Character and Fitness Board or the Disciplinary Board on a former petition
when that recommendation is not submitted to the Supreme Court. If prior to disbarment the lawyer, LLLT or LPO
was suspended from the practice of law pursuant to the provisions of Title 7 of the Rules for Enforcement of Lawyer
Conduct, or any comparable rule, the period of such suspension shall be credited toward the five years referred to
above.
(c) When Reinstatement May Occur. No disbarred lawyer, LLLT or LPO may be reinstated sooner than six
years following disbarment. If prior to disbarment the lawyer, LLLT or LPO was suspended from the practice of law
pursuant to the provisions of Title 7 of the Rules for Enforcement of Lawyer Conduct, or any comparable rule, the
period of such suspension shall be credited toward the six years referred to above.
(d) Payment of O bligations. No d isbarred lawyer, LLLT or LPO may file a petition for reinstatement until costs
and expenses and restitution ordered by the Disciplinary Board or the Supreme Court have been paid and until
amounts paid out of the Client Protection Fund for losses caused by the conduct of the Petitioner have been repaid to
the client protection fund, or until periodic payment plans for costs and expenses, restitution and repayment to the
client protection fund have been entered into by agreement between the Petitioner and disciplinary counsel. A
Petitioner may seek review by the Chair of the Disciplinary Board of an adverse determination by disciplinary counsel
regarding the reasonableness of any such proposed periodic payment plan. Such review will proceed as directed by the
Chair of the Disciplinary Board and the decision of the Chair of the Disciplinary Board is final unless the Chair of the
Disciplinary Board determines that the matter should be reviewed by the Disciplinary Board, in which case the
Disciplinary Board review will proceed as directed by the Chair and the decision of the Disciplinary Board will be
final.
R ULE 25.2. REVE RSAL OF CONVICTION
If a lawyer, LLLT or LPO has been disbarred solely because of his or her conviction of a crime and the conviction is
later reversed and the charges dismissed on their merits, the Supreme Court may in its discretion, upon direct
application by the lawyer, LLLT or LPO, enter an order reinstating the lawyer, LLLT or LPO upon such conditions as
determined by the Supreme Court. At the time such direct application is filed with the court a copy shall be filed with
the Bar. T he Supreme Court may request a response to the application from the Bar.
RULE 25.3. PETITIONS AND INVESTIGATIONS
(a) F or m of Petition. A petition for reinstatement after disbarment shall be in writing and filed with the Bar. The
petition shall set forth the residence and address of the Petitioner, the date of d isbarment, and a concise statement of
719
facts claimed to justify reinstatement. The petition shall be accompanied by the total fees required of a lawyer, LLLT
or LPO Applicant for admission under these rules, and by a completed application for admission.
(b) Investigations. The petition for reinstatement shalJ be referred to the Character and Fitness Board for hearing.
Bar Counsel and Bar staff shall conduct such investigation as appears necessary, and in accordance with APR 20-24.3.
(c) Duty to Cooperate. It shall be the duty of every Petitioner to cooperate in good faith with any investigation by
promptly furnishing written or oral explanations, documents, releases, authorizations, or anything e lse reasonably
required by the Character and Fitness Board or Bar Counsel. Failure to app ear as directed or to furnish additional proof
or answers as required or to cooperate fully shall be sufficient reason for the Board to recommend the rejection of a
petition.
(d) Proceedings Public. A petition for re instatement after disbarment shall be a public proceeding from the time
the petition is filed.
(e) Protective Orders. To protect a compelling interest, a Petitioner may, on a showing of good cause, move for
a protective order prohibiting the disclosure or release of specific information, documents, or pleadings, and directing
that the proceedings be conducted so as to implement the order.
RULE 25.4. HEARING BEFORE CHARACTER AND FITNESS BOARD
(a) Notice. The Character and Fitness Board may fix a time and place for a hearing on the petition, and Bar
Counsel shall serve notice thereof not less than 30 days prior to the hearing upon the Petitioner and upon such other
persons as may be determined by Bar Counsel or as ordered by the Character and Fitness Board. Notice of the hearing
shall also be published at least once in the Bar's official publication and such other newspaper or periodical as the
Character and Fitness B oard may direct. Such published notice shall contain a statement that a petition for
reinstatement has been filed and shall give the date fixed for the hearing.
(b) St atement in Support or Opposition. On or prior to the date of hearing, anyone wishing to do so may file
with the Character and Fitness B oard a written statement for or against the petition, such statements to set forth factual
matters showing that the Petitioner does or does not meet the requirements for reinstatement as set forth in these rules.
(c) Hearings. Hearings shall be conducted pursuant to R ule 24. 1 except to the extent that provisions of rules
25-25.6 conflict with the provisions of Rule 24. 1, and except that such hearings shall be public.
RULE 25.S. ACTION BY CHARACTER AND FITNESS BOARD
(a) Requirements for Favorable Recommendation. Reinstatement may be recommended by t11e Character and
Fitness Board only upon a showing, supported by clear and convincing evidence, that the Petitioner possesses the
requisite good moral character and fitness to practice law as set forth in these rules and that the Petitioner has been
rehabilitated.
(b) Rehabilitation--Factors Considered by the Character and Fitness Board. In reaching the decision of
whether the Petitioner has been rehabilitated, the Character and Fitness B oard shall consider the factors set forth in
Rule 2 1(b ), where applicable, and the following fac tors:
(i) The Petitioner's character, standing, and professional reputation in the community in which the Petitioner
resided and practiced prior to disbarment;
(ii) The ethical standards which the Petitioner observed in the practice of law;
(iii) The nature and character of the conduct for which the Petitioner was disbarred;
(iv) The sufficiency of the punishment undergone in connection therewith, and the making or failure to make
restitution where required;
(v) The Petitioner's attitude, conduct, and reformation subsequent to disbannent;
(vi) The time that has elapsed since disbarment;
(vii) The Petitioner's current proficiency in the law; and
(viii) The sincerity, frankness, and truthfulness of the Petitioner in presenting and discussing the factors relating to
the Petitioner's disbarment and reinstatement.
(c) Non-Discrimination. The Bar and the Character and Fitness Board shall not discriminate against any
petitioner based on the factors in Rule 2 l (c).
(d) Action on C haracter and Fitness Boa rd Recommendation. The recommendation of the Character and
Fitness Board shall be served upon the Petitioner pursuant to Rule 23.5. If the Character and Fitness Board
recommends reinstatement, the record and recommendation shall be transmitted to the Supreme Court for disposition.
If the Character and Fitness Board recommends against reinstatement, the record and recommendation shall be
retained in the office of the B ar unless the Petitioner requests that it be submitted to the Disciplinary Board by filing
with the Clerk of the Disciplinary Board a request for Disciplinary Board review within 15 days o f service of the
recommendation of the Character and Fitness Board. If the Petitioner so requests, the record and recommendation
shall be transmitted to the Disciplinary Board for disposition and the review will be conducted under the procedure of
Redline Admission and Prac tice Rules (APR) September 20 16 Page 40
720
rules 11. 9 and 11 .12 of the Rules for Enforcement of Lawyer Conduct. If the Petitioner does not so request, the record
and reconunendation shall be retained in the records of the Bar and the Petitioner shall still be responsible for payment
of the costs incidental to the reinstateme nt proceeding as directed by the Character and Fitness Board.
(e) Action on Disciplinary Board Recommendation. The recommendation of the Disciplinary B oard shall be
served upon the Petitioner. If the Disciplinary Board recommends reinstatement, the record and recommendation shall
be transmitted to the Supreme Court for disposition. If the Disciplina1y Board recomme nds against reinstatement, the
record and recommendation shall be retained in the office of the Bar unless the Pe titioner requests that it be submitted
to the Supreme Court by filing with the Clerk of the Disciplinary Board a request for Supreme Court review within 30
days of service of the recommendation. If the Petitioner so requests, the record and recommendation shall be
transmitted to the Supreme Court for disposition. If the Petitioner does not so request, the record and the
recommendation shall be retained in the records of the Bar and the Petitioner shall still be responsible for payment of
the costs incidental to the reinstatement proceeding as directed by the Disciplinary Board under the procedure of rule
13.9 of the Rules for Enforcement of Lawyer Conduct.
(a) Petition Approved. If the petition for reinstatement is approved by the Supreme Court, the reinstatement shall
be subj ect to the Petitioner's taking and passing the examination required for the relevant license type, completing all
requirements for admission, paying to the Bar the required license fee in the appropriate amount for the current year
plus any mandatory assessments, and paying the costs incidental to the reinstatement proceeding as directed by the
Supreme Court.
(b) Petition Denied. If the petition for reinstatement is denied, the Petitioner shall still be responsible for payment
of the costs incidental to the reinstatement proceeding as directed by the Supreme Court.
RULE 26. INSURANCE DISCLOSURE

(a) Each active lawyer member of the Bar shall certify annually in a form and manner approved by the B ar by the
date specified by the Bar ( 1) whether the lawyer is engaged in the private practice of law; (2) if engaged in the private
practice of law, whether the lawyer is currently covered by professional liability insurance; (3) whether the lawyer
intends to maintain insurance during the period of time the lawyer is engaged in the private practice oflaw; and (4)
whether the lawyer is engaged in the practice of law as a full-time government lawyer or is counsel employed by an
organizational client and does not represent clients outside that capacity. Each active lawyer who reports being
covered by professional liability insurance shall certify in a form and manner prescribed by the Bar in writing within
30 days if the insurance policy providing coverage lapses, is no longer in effect or terminates for any reason.
(b) The information submitted pursuant to this rule will be made available to the public by such means as may be
designated by the Bar, which may include publication on the website maintained by the Bar.
(c) Any active lawyer who fails to comply with this rule by the date specified by the B ar may be ordered
suspended from the practice of law b y the Supreme Court until such time as the lawyer complies. Supplying false
information in response to this rule shall subj ect the lawyer to appropriate disciplinary action.
RULE 27. PROVISION OF LEGAL SERVICES FOLLOWING DETERMINATION OF MAJOR

DISASTER
(a) Determination of Existence of Major Disaster. Sole ly for purposes of this Rule, the Supreme Court shall
determine when an emergency affecting the justice system, as a result of a natural or other maj or disaster, has occurred
m:
(1) Washington and whether the emergency caused by the major disaster affects the entirety or only a part of the
State of Washington, or
(2) another jurisdiction, but only after such a determination and its geographical scope have been made by the
highest court of that jurisdiction. The authority to engage in the temporary practice of law in Washington pursuant to
paragraph (c) shall extend only to lawyers who principally practice in the area of such other jurisdiction determined to
have suffered a major disaster causing an emergency affecting the justice system and the provision of legal services.
(b) Temporary Practice in Washington Following Major Disaster in Washington. Following the
determination of an emergency affecting the justice system in Washington pursuant to paragraph (a) of this Rule, or a
determination that persons displaced by a major disaster in another jurisdiction and residing in Washington are in need
of pro bono services and the assistance of lawyers from outside of Washington is required to help provide such
assistance, a lawyer authorized to practice law in another United States jurisdiction, and not disbarred, suspended from
practice or otherwise restricted from practice in any jurisdiction, may provide legal services in Washington on a
temporary basis. Such legal services must be prov ided on a pro bono basis without compensation, expectation of
721
compensation or other direct or indirect pecuniary gain to the lawyer. Such legal services shall be supervised by a
lawyer licensed to practice in Washington and assigned by a qualified legal services provider as defined in APR 1 or as
otherwise ordered by the Supreme Court. A qualified legal services provider shall be entitled to receive all
court-awarded attorney's fees for any representation rendered by the assigned lawyer pursuant to this Rule. When a
lawyer authorized to practice under this rule signs correspondence or pleadings, the lawyer's signature shall be
followed by the title "active disaster relief lawyer."
(c) Temporary Practice in Washington Following Major Disaster in Another Jurisdiction. Following the
determination of a major disaster in another United States jurisdiction, a lawyer who is authorized to practice law and
who principally practices in that affected jurisdiction, and who is not disbarred, suspended from practice or otherwise
restricted from practice in any jurisdiction, may provide legal services in Washington on a temporary basis. Those
legal services must arise out of and be reasonably related to that lawyer's practice of law in the jurisdiction, or area of
such other jurisdiction, where the major disaster occurred.
(d) Duration of Authority for Temporary Practice. The authority to practice law in Washington granted by
paragraph (b) of this Rule shall end when the Supreme Court detern1ines that the emergency affecting the justice
system caused by the major disaster in Washington has ended except that a lawyer then representing clients in
Washington pursuant to paragraph (b) is authorized to continue the provision of legal services for such time as is
reasonably necessary to complete the representation, but the lawyer shall not thereafter accept new clients. The
authority to practice law in Washington granted by paragraph (c) of this Rule shall end 60 days after the Supreme
Court declares that the emergency affecting the justice system caused by the major disaster in the affected jurisdiction
has ended.
(e) Court Appearances. The authority granted by this Rule does not include appearances in court except:
( 1) pursuant to Rule 8(b) and, if such authority is granted, any fees for such admission shall be waived; or
(2) ifthe Supreme Court, in any determination made under paragraph (a) of this Rule, grants blanket permission to
appear in all or designated courts of Washington to lawyers providing legal services pursuant to paragraph (b) of this
Rule. If such an authorization is included, any admission fees shall be waived.
(f) Disciplinary Authority and Registration Requirement and Approval. Lawyers providing legal services in
Washington pursuant to paragraphs (b) or (c) are subject to the disciplinary authority of Washington and the
Washington Rules of Professional Conduct as provided in Rule 8.5 of the Rules of Professional Conduct. Lawyers
providing legal services in Washington under paragraphs (b) or (c) must file a registration statement with the Bar. The
registration statement shall be in a form prescribed by the Bar. Any lawyer seeking to provide legal services pursuant
to this rule must be approved by the Supreme Court before being authorized to provide such legal services. Any lawyer
who provides legal services pursuant to this Rule shall not be considered to be engaged in the unlawful practice oflaw
in Washington.
(g) Notification to Clients. Lawyers licensed to practice law in another United States jurisdiction who provide
legal services pursuant to this Rule shall inform clients in Washington of the jurisdiction in which they are licensed to
practice law, any limits on that license, and that they are not authorized to practice law in Washington except as
permitted by this Rule. They shall not state or imply to any person that they are otherwise licensed to practice law in
Washington.
RULE 28. LIMITED PRACTICE RULE FOR LIMITED LICENSE LEGAL TECHNICIANS
A. Purpose. The Civil Legal Needs Study (2003), commissioned by the Supreme Court, clearly established that
the legal needs of the consuming public are not currently being met. The public is entitled to be assured that legal
services are rendered only by qualified trained legal practitioners. Only the legal profession is authorized to provide
such services. The purpose of this rule is to authorize certain persons to render limited legal assistance or advice in
approved practice areas of law. This rule shall prescribe the conditions of and limitations upon the provision of such
services in order to protect the public and ensure that only trained and qualified legal practitioners may provide the
same. This rule is intended to permit trained Limited License Legal Technicians to provide limited legal assistance
under carefully regulated circumstances in ways that expand the affordability of quality legal assistance which
protects the public interest.
B. Definitions. For purposes of this rule, the following definitions will apply:
(1) "APR" means the Supreme Court's Admission to Practice Rules.
(2) "LLLT Board" means the Limited License Legal Technician Board.
(3) "Lawyer" means a person licensed as a lawyer and eligible to practice law in any United States jurisdiction.
(4) "Limited License Legal Technician" (LLLT) means a person qualified by education, training and work
experience who is authorized to engage in the limited practice of law in approved practice areas of law as specified by
722
this rule and related regulations. The legal technician does not represent the client in court proceedings or negotiations,
but provides limited legal assistance as set forth in this rule to a pro se client.
(5) "Paralegal/legal assistant" means a person qualified by education, training, or work experience; who is
employed or retained by a lawyer, law office, corporation, governmental agency, or other entity; and who performs
specifically delegated substantive law-related work for which a lawyer is responsible.
(6) "Reviewed and approved by a Washington lawyer" means that a Washington lawyer has personally supervised
the legal work and documented that supervision by the Washington lawyer's signature and bar number.
(7) "Substantive law-related work" means work that requires knowledge of legal concepts and is customarily, but
not necessarily, perfom1ed by a lawyer.
(8) "Supervised" means a lawyer personally directs, approves; and has responsibility for work performed by the
Limited License Legal Technician.
(9) "Washington lawyer" means a person licensed and eligible to practice law in Washington and who is an active
or emeritus pro bono lawyer member of the Bar.
(10) Words of authority:
(a) "May" means "has discretion to," "has a right to," or "is permitted to."
(b) "Must" or "shall" means "is required to."
(c) "Should" means "recommended but not required."
C. Limited License Legal Technician Board
( l ) Establishment. There is hereby established a Limited License Legal Technician Board (LLLT Board). The
LLLT Board shall consist of 15 voting members appointed by the Supreme Court, and one non-voting ex officio
member who is a representative of the Washington State Board of Community and Technical Colleges. At least one
member shall be a legal educator. At least 11 members shall be Washington lawyers, LLLTs or LPOs. Of those 11
members, at least nine shall be active lawyers or LLLTs, and no more than two may be LPOs, or judicial or emeritus
pro bono lawyers or LLLTs. Four members of the LLLT Board shall be Washington residents who do not have a
license to practice law. Appointments shall be for staggered three year terms. No member may serve more than two
consecutive full three year terms. The validity of the Board's actions is not affected ifthe Board's makeup differs from
the stated constitution due to a temporary vacancy in any of the specified positions.
(2) LLLT Board Responsibilities. The LLLT Board shall be responsible for the following:
(a) Recommending practice areas of law for LLLTs, subj ect to approval by the Supreme Court;
(b) Working with the Bar and other appropriate entities to select, create, maintain, and grade the examinations
required under this rule which shall, at a minimum, cover the rules of professional conduct app licable to LLLTs,
rules relating to the attorney-client privilege, procedural rules, and substantive law issues related to approved
practice areas;
(c) Approving education and experience requirements for licensure in approved practice areas;
(d) Establishing and overseeing committees and tenure of members;
(e) Establishing and maintaining criteria for approval of educational programs that offer LLLT core curriculum; and
(f) Such other activities and functions as are expressly provided for in this rule.
(3) Rules and Regulations. The LLLT Board shall propose rules, regulations and amendments to these rules and
regulations, to implement and carry out the provisions of this, for adoption by the Supreme Court.
(4) Administration. The Bar sha ll provide reasonably necessary administrative support for the LLLT Board. All
notices and filings required by these Rules, including applications for admission as a LLLT, shall be sent to the
headquarters of the Bar.
(5) Expenses ofthe LLLT Board. Members of the LLLT Board shall not be compensated fo r their services but shall be
reimbursed for actual reasonable and necessary expenses incurred in the performance of their duties according to the
Bar's expense policies.
D. [Reserved.)
E. [Reserved.]
F. Scope of Practice Authorized by Limited Practice Rule. The Limited License Legal Technician shall
ascertain whether the issue is within the defined practice area for which the LLLT is licensed. It if is not, the LLLT
shall not provide the services required on this issue and shall inform the client that the client should seek the services
of a lawyer. If the issue is within the defined practice area, the LLLT may undertake the following:
( 1) Obtain relevant facts, and explain the relevancy of such information to the client;
(2) Inform the client of applicable procedures, including deadlines, documents which must be filed, and the
anticipated course of the legal proceeding;
(3) Infonn the client of app licable procedures for proper service of process and filing of legal documents;
723
(4) Provide the client with self-help materials prepared by a Washington lawyer or approved by the LLLT Board,
which contain infomrntion about relevant legal requirements, case law basis for the client's claim, and venue and
jurisdiction requirements;
(5) Review documents or exhibits that the client has received from the opposing side, and explain them to the
client;
(6) Select, complete, file, and effect service of forms that have been approved by the State of Washington, either
through a governmental agency or by the Administrative Office of the Courts or the content of which is specified by
statute; federal forms; fonns prepared by a Washington lawyer; or forms approved by the LLLT Board; and advise the
client of the significance of the selected forms to the client's case;
(7) Perform legal research;
(8) Draft letters setting forth legal opinions that are intended to be read by persons other than the client, and draft
documents beyond what is permitted in paragraph ( 6), if the work is reviewed and approved by a Washington lawyer;
(9) Advise a client as to other documents that may be necessary to the client's case, and explain how such
additional documents or pleadings may affect the client's case;
(10) Assist the client in obtaining necessary documents, such as birth, death, or marriage certificates.
G. Conditions Under Which A Limited License Legal Technician May Provide Services
(1) A Limited License Legal Technician must personally perform the authorized services for the client and may not
delegate these to a nonlicensed person. Nothing in this prohibition shall prevent a person who is not a licensed LLLT
from performing translation services;
(2) Prior to the performance of the services for a fee, the Limited License Legal Technician shall enter into a written
contract with the client, signed by both the client and the Limited License Legal Technician, that includes the
following provisions:
(a) An explanation of the services to be performed, including a conspicuous statement that the Limited License
Legal Technician may not appear or represent the client in court, formal administrative adjudicative proceedings, or
other formal dispute resolution process or negotiate the client's legal rights or responsibilities, unless permitted
under GR 24(b);
(b) Identification of all fees and costs to be charged to the client for the services to be performed;
(c) A statement that upon the client's request, the LLLT shall provide to the client any documents submitted by the
client to the Limited License Legal Technician;
(d) A statement that the Limited License Legal Technician is not a lawyer and may only perfonn limited legal
services. This statement shall be on the first page of the contract in minimum twelve-point bold type print;
( e) A statement describing the Limited License Legal Technician's duty to protect the confidentiality of information
provided by the client and the Limited License Legal Technician's work product associated with the services sought
or provided by the Limited License Legal Technician;
(f) A statement that the client has the right to rescind the contract at any time and receive a full refund of unearned
fees. This statement shall be conspicuously set forth in the contract; and
(g) Any other conditions required by the rules and regulations of the LLLT Board.
(3) A Limited License Legal Technician may not provide services that exceed the scope of practice authorized by
this rule, and shall inform the client, in such instance, that the client should seek the services of a lawyer.
(4) A document prepared by an LLLT shall include the LLLT's name, signature, and license number beneath the
signature of the client.
H. Prohibited Acts. In the course of dealing with clients or prospective clients, a Limited License Legal Technician
shall not:
(1) Make any statement that the Limited License Legal Technician can or will obtain special favors from or has
special influence with any court or governmental agency;
(2) Retain any fees or costs for services not performed;
(3) Refuse to return documents supplied by, prepared by, or paid for by the client, upon the request of the client.
These documents must be returned upon request even if there is a fee dispute between the Limited License Legal
Technician and the client;
(4) Represent or advertise, in connection with the provision of services, other legal titles or credentials that could
cause a client to believe that the Limited License Legal Technician possesses professional legal skills beyond those
authorized by the license held by the Limited License Legal Technician;
(5) Represent a client in court proceedings, formal administrative adjudicative proceedings, or other formal dispute
resolution process, unless pennitted by GR 24;
724
(6) Negotiate the client's legal rights or responsibilities, or communicate with another person the client's position or
convey to the client the position of another party, unless permitted by GR 24(b);
(7) Provide services to a client in connection with a legal matter in another state, unless permitted by the laws of that
state to perforn1 such services for the client;
(8) Represent or otherwise provide legal or law related services to a client, except as permitted by law, this rule or
associated rules and regulations;
(9) Otherwise violate the Limited License Legal Technicians' Rules of Professional Conduct.
I. Continuing Licensing Requirements
(1) Continuing Education Requirements. Each active Limited License Legal Technician must complete a minimum
number of credit hours of approved or accredited education, as prescribed by APR 11.
(2) Financial Responsibility. Each LLLT shall show proof of ability to respond in damages resulting from his or her
acts or omissions in the performance of services pernutted under APR 28 by:
a. submitting an individual professional liability insurance policy in the amount of at least $100,000 per claim
and a $300,000 annual aggregate limit;
b. submitting a professional liability insurance policy of the employer or the parent company of the employer
who has agreed to provide coverage for the LLLT's ability to respond in damages in the amount of at least
$100,000 per claim and a $300,000 annual aggregate limit; or
c. submitting proof of indemnification by the LLLT's government employer.
(3) License Fees and Assessments. Each Limited License Legal Technician must pay the annual license fee es-
tablished by the Board of Governors, subject to review by the Supreme Court, and any mandatory assessments as
ordered by the Supreme Court. Provisions in the Bar's Bylaws regarding procedures for assessing and collecting
lawyer license fees and late fees, and regarding deadlines, rebates, apportionment, fee reductions, and exemptions, and
any other issues relating to fees and assessments, shall also apply to LLLT license fees and late fees. Failure to pay
(4) Trust Account. Each active Limited License Legal Technician shall annually certify compliance with Rules
l. l 5A and l. l 5B of the LLLT Rules of Professional Conduct. Such certification shall be filed in a form and manner as
prescribed by the Bar and shall include the bank where each account is held and the account number. Failure to certify
J . Existing Law Unchanged. This rule shall in no way modify existing law prohibiting the unauthorized practice
of law.
K. Professional Responsibility and Limited License Legal Technician-Client Relationship
( 1) Limited License Legal Technicians acting within the scope of authority set forth in this rule shall be held to the
standard of care of a Washington lawyer.
(2) Limited License Legal Technicians shall be held to the etlucal standards of the Limited License Legal
Technicians' Rules of Professional Conduct, which shall create an LLLT IOLTA program for the proper handling of
funds coming into the possession of the Limited License Legal Technician.
(3) The Washington law of attorney-client privilege and law of a lawyer's fiduciary responsibility to the client shall
apply to the Limited License Legal Technician-client relationship to the same extent as it would apply to an
attorney-client relationship.
L. Confidentiality and Public Records.
GR 12.4 shall apply to access to LLLT Board records.
M. Inactive Status. An LLLT may request transfer to inactive status after being admitted. An LLLT on inactive
status is required to pay an annual license fee as established by the Board of Governors and approved by the Supreme
Court.
N. Reinstatement to Active Status. An LLLT on inactive status may return to active status by filing an appli-
cation and complying with the procedures set forth for lawyer members of the Bar in the Bar's Bylaws.
0. Voluntary Resignation. Any Limited License Legal Technician may request to voluntarily resign the LLLT
license by notifying the Bar in such form and manner as the Bar may prescribe. If there is a disciplinary investigation
or proceeding then pending against the LLLT, or if the LLLT has knowledge that the filing of a grievance of substance
725
against such LLLT is imminent, resignation is pem1itted only under the provisions of the applicable disciplinary rules.
An LLLT who resigns the LLLT license cannot practice law in Washington in any manner, unless they are otherwise
licensed or authorized to do so by the Supreme Court.
APPENDIX APR 28. REGULATIONS OF THE APR 28 LITED LICENSE LEGAL TECHNICIAN
BOARD
REGULATION 1: [RESERVED.]
REGULATION 2: PRACTICE AREAS--SCOPE OF PRACTICE AUTHORIZED BY LITED LICENSE

LEGAL TECHNICIAN RULE
In each practice area in which an LLLT is licensed, the LLLT shall comply with the provisions defining the scope of
practice as found in APR 28 and as described herein.
A. Issues Beyond the Scope of Authorized Practice.
An LLLT has an affirmative duty under APR 28F to inform clients when issues arise that are beyond the authorized
scope of the LLLT's practice. When an affirmative duty under APR 28F arises, then the LLLT shall inform the client
in writing that:
1. the issue may exist, describing in general terms the nature of the issue;
2. the LLLT is not authorized to advise or assist on this issue;
3. the failure to obtain a lawyer's advice could be adverse to the client's interests; and,
4. the client should consult with a lawyer to obtain appropriate advice and documents necessary to protect the
client's interests.
After an issue beyond the LLLT's scope of practice has been identified, if the client engages a lawyer with respect to
the issue, then an LLLT may prepare a document related to the issue only if a lawyer acting on behalf of the client has
provided appropriate documents and written instructions fo r the LLLT as to whether and how to proceed with respect
to the issue. If the client does not engage a lawyer with respect to the issue, then the LLLT may prepare documents that
relate to the issue if:
l . The client informs the LLLT how the issue is to be determined and instructs the LLLT how to complete the
relevant portions of the document, and
2. Above the LLLT's signature at the end of the document, the LLLT inserts a statement to the effect that the
LLLT did not advise the client with respect to any issue outside of the LLLT's scope of practice and completed
any portions of the document with respect to any such issues at the direction of the client.
The LLLT may proceed in the manner described above only if no other defined prohibitions apply.
B. Domestic Relations.
1. Domestic Relations, Defined. For the purposes of these Regulations, domestic relations shall include only: (a)
child support modification actions, (b) dissolution actions, (c) domestic violence actions, except as prohibited by
Regulation 2B(3), (d) committed intimate relationship actions only as they pertain to parenting and support issues, (e)
legal separation actions, (f) maj or parenting plan modifications when the terms are agreed to by the parties before the
onset of the representation by the LLLT, (g) minor parenting plan modifications, (h) parenting and support actions, (i)
paternity actions, and (j) relocation actions, except as prohibited by Regulation 2B(3).
2. Scope ofPractice f or Limited License Legal Technicians -- Domestic Relations. LLLTs in domestic relations
may provide legal services to clients as provided in APR 28F, except as prohibited by APR 28H and Regulation 2B(3).
Unless an issue beyond the scope arises or a prohibited act would be required, LLLTs may advise and assist clients (1)
to initiate and respond to actions and (2) regarding motions, discovery, trial preparation, temporary and fi nal orders,
and modifications of orders.
3. Prohibited Acts. In addition to the prohibitions set fo rth in APR 28IT, in the course of dealing with clients or
prospective clients, LLLTs licensed to practice in domestic relations:
a. shall not represent more than one party in any do mestic relations matter;
b. shall not provide legal services:
i. in defacto parentage or nonparental custody actions; and
ii. if 25 U.S.C. Chapter 2 1, the Indian Child Welfare Act, or RCW 13.38, the Washington State Indian Child
Welfa re Act, applies to the matter;
c. shall not advise or assist clients regarding:
726
i. division of owned real estate, formal business entities, or retirement assets that require a supplemental order to
divide and award, which includes division of all defined benefit plans and defined contribution plans;
ii. bankruptcy, including obtaining a stay from bankruptcy;
iii. disposition of debts and assets, if one party is in bankruptcy or files a bankruptcy during the pendency of the
proceeding, unless: (a) the LLLT's client has retained a lawyer to represent him/her in the bankruptcy, (b) the
client has consulted with a lawyer and the lawyer has provided written instructions for the LLLT as to whether
and how to proceed regarding the division of debts and assets in the domestic relations proceeding, or (c) the
bankruptcy has been discharged;
iv. anti-harassment orders, criminal no contact orders, anti-stalking orders, and sexual assault protection orders in
domestic violence actions;
v. j ointly acquired committed intimate relationship property issues in committed intimate relationship actions;
vi. major parenting plan modifications unless the terms were agreed to by the parties before the onset of the
representation by the LLLT;
vii. the determination of Uniform Child Custody Jurisdiction and Enforcement Act issues under RCW 26.27 or
Uniform Interstate Family Support Act issues under RCW 26.2 1A unless and until jurisdiction has been resolved;
viii. objections to relocation petitions, responses to objections to relocation petitions, or temporary orders in
relocation actions;
ix. final revised parenting plans in relocation actions except in the event of default or where the terms have been
agreed to by the parties.
d. shall not appear or participate at the taking of a deposition; and
e. shall not initiate or respond to an appeal to an appellate court.
REGULATION 3: EDUCATION REQUIREMENTS FOR LLLT APPLICANTS AND APPROVAL OF

EDUCATIONAL PROGRAMS
An applicant for admission as an LLLT shall satisfy the following education requirements:
A. Core Curriculum.
I. Credit Requirements. An applicant for licensure shall have earned 45 credit hours as required by APR 3. The
core curriculum must include the following required subject matters with minimum credit hours earned as indicated:
1. Civil Procedure, minimum 8 credit hours;
2. Contracts, minimum 3 credit hours;
3. Interviewing and Investigation Techniques, minimum 3 credit hours;
4. Introduction to Law and Legal Process, minimum 3 credit hours;
5. Law Office Procedures and Technology, minimum 3 credit hours;
6. Legal Research, Writing and Analysis, minimum 8 credit hours; and
7. Professional Responsibility, minimum 3 credit hours.
The core curriculum courses in which credit fo r the foregoing subject matters is earned shall satisfy the curricular
requirements approved by the LLLT Board and published by the Bar. If the required courses completed by the
applicant do not total 45 credit hours, then the applicant may earn the remaining credit hours by taking legal or
paralegal elective courses. All core curriculum course credit hours must be earned at an ABA approved law school, an
educational institution with an ABA approved paralegal program, or at an educational institution with an LLLT core
curriculum program approved by the LLLT Board under the Washington State LLLT Educational Program Approval
Standards.
For purposes of satisfying APR 3(e)(2), one credit hour shall be equivalent to 450 minutes of instruction.
2. LLLT Educational Program Approval Requirements for Programs Not Approved by the ABA. The LLLT Board
shall be responsible for establishing and maintaining standards, to be published by the Association, for approving
LLLT educational programs that are not otherwise approved by the ABA. Educational programs complying with the
LLLT Board's standards shall be approved by the LLLT Board and qualified to teach the LLLT core curriculum.
B. Practice Area Curriculum. An applicant for licensure in a defined practice area shall have completed the
prescribed curriculum and earned course credits for that defined practice area, as set forth below and in APR 3(e).
Each practice area curriculum course shall satisfy the curricular requirements approved by the LLLT Board and
published by the Bar.
1. Domestic Relations.
a. Prerequisites: Prior to enrolling in the domestic relations practice area courses, applicants shall complete the
following core courses: Civil Procedure; Interviewing and Investigation Techniques; Introduction to Law and Legal
Process; Legal Research, Writing, and Analysis; and Professional Responsibility.
727
b. Credit Requirements: Applicants shall complete five credit hours in basic domestic relations subjects and ten
credit hours in advanced and Washington specific domestic relations subjects.
REGULATION 4: LIMITED TIME WAIVERS

A. Limited Time Waiver, Defined. For the limited time between the date the Board begins to accept applications and
December 31, 2023, the LLLT Board shall grant a waiver of the mininmm associate-level degree requirement and/or
the core curriculum education requirement set forth in APR (3) if an applicant meets the requirements set forth in
Regulation 4B. The LLLT Board shall not grant waivers for applications filed after December 31, 2023. The LLLT
Board shall not waive the practice area curriculum requirement. The limited time waiver application will be separate
from the application process for admission set forth in these regulations.
B. Waiver Requirements and Applications. To qualify for the limited time waiver, an applicant shall pay the
required fee, submit the required waiver application form, and provide proof, in such form as the Bar requires, that
he/she has:
l. Passed a LLLT Board approved national paralegal certification examination;
2. Active certification from a LLLT Board approved national paralegal certification organization; and
3. Completed 10 years of substanti ve law-related experience supervised by a licensed lawyer within the 15 years
preceding the application for the waiver. Proof of l 0 years of substantive-law related experience supervised by a
licensed lawyer shall include the following:
a. the name and bar number of the supervising lawyer(s),
b. certification by the lawyer that the work experience meets the definition of substantive law-related work
experience as defined in APR 28, and
c. the dates of employment or service.
C. Review of Limited Time Waiver Application. The Bar shall review each limited time waiver application to
determine if the application meets the waiver requirements. Any application that does not meet the limited time waiver
requirements as established by this Regulation shall be denied by the Bar on administrative grounds, with a written
statement of the reason(s) for denial.
D. Review of Denial. An applicant whose application for waiver has been denied by the Bar may request review by
the LLLT Board chair. Such request shall be filed with the Bar within 14 days of the date of the notification of denial.
The applicant shall be provided with written notification of the chair's decision, which is not subject to review.
E. Expiration of Limited Time Waiver Approval. Approval of the limited time waiver application shall expire
December 31, 2025. After expiration of the approval, any subsequent application for licensure by the applicant shall
meet all of the standard requirements for admission without waiver.
REGULATION 9: SUBSTANTIVE LAW-RELATED WORK EXPERIENCE REQUIREMENT

Each applicant for Iicensure as a limited license legal technician shall show proof of having completed 3 ,000 hours of
substantive law-related work experience supervised by a licensed lawyer as required by APR 28E(2). The experience
requirement shall be completed no more than three years before and 40 months after the date of the LLLT practice area
examination that the applicant passed. The proof shall be provided in such form as the Bar requires, but shall include at
a minimum:
1. the name and bar number of the supervising lawyer;
2. certification that the work experience meets the definition of substantive law-related work experience as defined in
APR28;
3. the total number of hours of substantive law-related work experience performed under the supervising lawyer; and
4. certification that the requisite work experience was acquired within the time period required by this regulation.
REGULATION 10: ADDITIONAL PRACTICE AREAS
728
A. Application for Additional Practice Area. An LLLT seeking admission in an additional practice area must
complete and file with the Bar:
1. a completed practice area application in a form and manner prescribed by the Bar;
2. evidence in a form and manner prescribed by the Bar demonstrating completion of the practice area curriculum
required under Regulation 3(B); and
3. a signed and notarized Authorization, Release and Affidavit of Applicant.
B. Additional Practice Area Pre-licensure Requirements. An LLLT who is seeking Ii censure in an additional
practice area shall:
l. take and pass the additional practice area examination;
2. pay the annual license fee as stated in the fee schedule; and
3. file any and all licensing fonns required for active limited license legal technicians.
The requirements above shall be completed within one year of the date the applicant is notified of the practice area
examination results. If an LLLT fails to satisfy all the requirements for licensure in an additional practice area within
this period, the LLLT shall not be eligible for licensure in the additional practice area without submitting a new
application and retaking the practice area examination.
C. Order Admitting LLLT to Limited Practice in Additional Practice Area. After examining the
recommendation and accompanying documents transmitted by the Bar, the Supreme Court may enter such order in
each case as it deems advisable. For those LLLTs it deems qualified, the Supreme Court shall enter an order admitting
them to limited practice in the additional practice area.
D. Voluntary Termination of Single Practice Area License. An LLLT licensed in two or more practice areas
may request to voluntarily terminate a single practice area by notifying the Bar in writing. After terminating the
practice area license, the LLLT shall not accept any new clients or engage in work as an LLLT in any matter in the
terminated practice area. The Bar will notify the LLLT of the effective date of the termination.
REGULATION 11: [RESERVED.)
REGULATION 20: AMENDMENT AND BOARD POLICIES

These Regulations may be altered, amended, or repealed by vote of the LLLT Board on approval of the Supreme
Court. The LLLT Board has ongoing authority to adopt policies for the administration of the LLLT program
consistent with APR 28 and these Regulations.
729
WSBA
OFFICE OF THE GE NERAL COUNSEL
Jean K. McElroy direct line: 206-727 -8277

General Counsel/Chief Regulatory Counsel fa.~: 206-727-8313
e-mail: jeanm@wsba.org

Governors
From: Jean K. McElroy, General Counsel/Chief Regulatory Counsel
Frances Dujon-Reynolds, Human Resources Director
Re: Religious and Spiritual Practices Policy (Action Requested- Deferral for further
consideration)
Action Requested : Defer final action adopting or declining to adopt a policy, so that
further consideration, research, and discussions can occur.
DISCUSSION: The Board of Governors has not previously had a formal policy that
either did or did not permit religious practices to occur at WSBA events, although there
has been a practice of generally not authorizing religious and spiritual practices at
WSBA events. WSBA staff has requested guidance from the Board of Governors, in the
form of a policy, so they have direction about how to respond to requests to have such
practices occur at WSBA events.
The BOG has previously seen and considered two drafts of policies. The original Policy
A from that meeting is attached to the memorandum as Attachment 1. At the BOG
meeting in July, the BOG received a significant amount of input regarding the two draft
policies. Much of the input was from, or regarding issues raised by, the WSBA Indian
Law Section. The BOG requested that General Counsel review the input from the Indian
Law Section and meet with representatives from the Indian Law Section to discuss their
input to try to arrive at a policy that addresses the concerns of both the Indian Law
Section and the WSBA.
On August 261h, Human Resources Director Frances Dujon-Reynolds and General

Counsel McElroy had a telephone conversation with Diana Bob from the Indian Law
Section and Steve Suagee from the Elwha Tribe, both of whom had provided comments
at the Board of Governors meeting. We listened to the concerns and ideas expressed
by Ms. Bob and Mr. Suagee, and requested their assistance with identifying other
resources that it would be helpful for us to review.
730
BOG Memo
Religious and Spiritual Practices Policy
Page 2
Subsequent to this conversation, General Counsel McElroy reviewed additional

materials suggested in the conversation and other materials such as Washington state
agency websites, various policies, published Washington Attorney General Opinions,
and existing case law, and Assistant General Counsel Kirsten Schimpff spoke with the
Governor's legal counsel, Nicholas Brown, and Craig Bill, Executive Director of the
Governor's Office of Indian Affairs.
After considering this input, Policy A was revised in an attempt to clarify the exception
that exists for educational activities around religious and spiritual practices at WSBA
educational events and to include an exception to the policy for WSBA events held on
property owned or controlled by federally recognized Indian Tribes, which are sovereign
entities. A redlined version of the revised Policy A is attached to this memorandum as
Attachment 2.
This revised Policy A was shared with Ms. Bob and Mr. Suagee in order to allow them
to comment. We have received their suggested edits to the revised Policy A, and that
version is also attached to this memorandum as Attachment 3.
Policy B has not been redrafted and is being included in supplemental materials.
A further policy regarding free expression at WSBA events has been submitted by
Governor Risenmay, also for consideration by the BOG. This policy is attached to this
memorandum as Attachment 4.
In light of the timing of these events and the BOG meeting, there is insufficient time to
fully consider all of these issue before the BOG meeting . Therefore, we are requesting
that the Board of Governors allow additional time for further research, review and input
before making a determination about the policy.
Attachments
1. Original Draft of Policy A.

2. Revised Policy A - Redlined version showing suggested edits to Policy A.
3. Edited Revised Policy A - Redlined version showing Bob and Suagee
suggested edits to Revised Policy A.
4. Risenmay Draft Policy.
731
Policy A- Original
POLICY REGARDING RELIGIOUS OR SPIRITUAL PRACTICES AT WSBA EVENTS
The WSBA is committed to diversity and inclusion, which includes increasing the awareness or
cultural competence of legal professionals regarding different cultures and faith traditions, and
respecting the diversity of the wide variety of religious denominations, faiths, and other belief
systems represented and practiced (or not practiced) among legal professionals and the
communities they serve. The WSBA recognizes that many individuals, groups, communities and
cultures consider their own religious or spiritual practices, or absence of same, to be a core part
of their identity; the WSBA also recognizes that specific religious or spiritual practices at WSBA
events, while welcome by some, can feel non-inclusive, oppressive or coercive to others
attending those same events. The WSBA further acknowledges that its functions are secular,
not religious, in nature.
The WSBA also has a constitutional obligation to avoid endorsing particular religious or spiritual
activities or practices or placing members or others attending WSBA events in a position of
feeling obligated to participate in religious or spiritual activities or practices.
To comply with applicable constitutional law and in recognition of the secular purpose of the
WSBA and its events, it is the WSBA's policy that religious or spiritual practices are not
permitted at WSBA events, including events for which WSBA is a sponsor or co-sponsor. This
policy applies to all religious or spiritual practices and to cultural practices that a reasonable
observer would conclude are religious or spiritual in nature. Events covered by this policy may
include committee or board meetings, CLE offerings, Section events, and others. This policy is
not meant to address and should not be read to restrict discussion of religious or spiritual issues
relevant to the content of the event (for example, as an educational component of a CLE).
Rather, this policy addresses only the actual practice of religious or spiritual exercises, not the
subject matter or discussion of these issues.
732
Redlined Policy A - Original Plus WSBA Proposed Edits
cultural competence of legal professional s regarding different cultures and fa ith tradition s, and
systems represented and practiced (or not practiced) among legal professionals and the
communities they serve. The WSBA recognizes that many individuals, groups, communities and
events, while welcome by some, can feel non inclusive, oppressive or coercive to others
attending those same events. The WSBA further acknowledges that its function s are secular,
not religious, in nature.
The WSBA also has a constitutional obligation to avoid endorsing particular religious or spiritual
activities or practices or placing members or others attending WSBA events in a position of
feeling obligated to participate in religious or spiritual activities or practices.
To comply w ith applicable constitutional law and in recognition of the secular purpose of the
WSBA and its events, it is the WSBA's policy that religious or spiritual practices are not
permitted at WSBA events, including events for which WSBA is a sponsor or co-sponsor, except
as permitted within the guidelines in this policy with respect to educational activities and
events that are held in an area that is then currently owned or controlled by a federally
recognized Indian tribe. This policy applies to all religious or spiritual practices and to cultural
practices that a reasonable observer would conclude are religious or spiritual in nature. Events
covered by this policy may include committee or board meetings, CLE offerings, Section events,
and others. This policy is not meant to address and should not be read to restrict discussion of
rel igious or spiritual issues relevant to the content of the event (for example, as an educational
component of a CLE). Rather, this policy addresses only the actual practice of religious or
spiritual exercises, not the subject matter or discussion of these issues.
In addition, understanding religious or spiritual pract ices within various cultures can be crucial
for competently practicing law within the cultures and for understanding how those practices
fit within the legal systems of the cultures. Th erefore, educational activities revolving around
religious or spiritua l practices may occur at some WSBA educational events.
Finally, because federally recognized Indian tribes are sovereign entities (see, e.g., the
Centennial Accord Between the Federally Recognized Indian Tribes in Washington State and the
State of Washing), WSBA will respect and honor the traditions of the tribe at WSBA events held
in an area that is then currently owned or controlled by a federally recognized Indian tribe .
733
Redlined Policy A - With ILS Proposed Edits
cultural competence of legal professionals regarding different cultures and faith traditions, and
systems represe nted and practiced (or not practiced} among legal professionals and the
communities they serve. The WSBA recognizes that many individual s, groups, communities and
events, while welcome by some, may seem can feel non inclusive, oppressive or coercive to
others attending those same events. The WSBA further acknowledges that its function s are
secular, not religious, in nature.
The WSBA may also haves a constitutional obligation to avoid endorsing particular religious or
spiritual activities or practices or obligating placing members or others attending WSBA events
in a position of feeling obligated to participate in religious or spiritual activities or practices.
In recognition of potentia lly To comply with applicable constitutional law and in recognition of
the secu lar purpose of the WSBA and its events, it is the WSBA's policy that religious or spiritual
practices are not permitted at WSBA events, including events for which WSBA is a sponsor or
co-spon sor, except as permitted within the guidelines in this policy with respect to educational
activities. This policy applies to all religious or spiritua l practices and to cultural practices that a
reasonable observer v1ould conclude are religious or spiritual in nature. Events covered by this
policy may include committee or board meetings, CLE offerings, Section events, and others.
This policy is not meant to address and should not be read to restrict discussion of religious or
spiritual issues relevant to the content of the event (for example, as an edu cational component
of a CLE). Rather, this policy addresses only the actual practice of rel igious or spiritual
exercises, not the subject matter or discussion of these issues.
In addition, understanding religious or spiritual practices, or unique cultural practices, within

various cultures can be crucial for competently practicing law within the cultures, -aA-1-for
understanding how those practices fit within the legal system s of the cultures, and for
understanding how a culture views th e majoritarian legal system. Therefore, educational
activities revolving around or including religious or spiritual practices, or unique cultural
practices, may occur at some WSBA educational events.
Finally, because federally recognized Indian tribes are sovereign entities {see, e.g., the
Centennial Accord Between the Federa lly Recognized Indian Tribes in Washington State and the
State of Washington ), WSBA will respect and honor tribal ~traditions of the tribe at WSBA
events involving Indian Law or tribal issues or held at ve nues or in location s an area that is
734
Redlined Policy A - With ILS Proposed Edits
currently owned , -BF-controlled , or supported -by aone or more federally recognized Indian
tribes or dedicated to the practice of tribal culture, such as a longhouse.
735
Policy Drafted by Kim Risenmay
POLICY REGARDING 1ST AMENDMENT EXPRESSIONS AT WSBA EVENTS
The Washington State Bar Association ("WSBA") is committed to diversity
and inclusion, which includes increasing the awareness and cultural
competence of legal professionals regarding different cultures and faith
traditions, and respecting the diversity of the wide variety of religious
denominations, faiths, and other belief systems represented and practiced
among legal professionals and the Washington communities they serve. WSBA
also recognizes the responsibility imposed upon it by the pt and 14th
Amendments to the United States Constitution to protect the unrestricted
freedom of speech in all its forms, including the free exercise of religion, while
at the same time taking no action that would work towards the establishment
of any one religion in preference to another, or to the establishment of
secularism in preference to religion.
To comply with these constitutional obligations, it is WSBA policy that
each WSBA event shall begin with a period of up to ten minutes for the
unrestricted presentation of any form of speech or other expression that is
protected by the pt Amendment (collectively referred to hereafter as "l81
Amendment expressions"). Anyone in attendance or otherwise participating in
any WSBA event may request and shall be granted the right to make any 1st
Amendment expression of their choosing, with each person so requesting being
limited to approximately two minutes to do so. If a total of more than five
people request permission to make 1st Amendment expressions at any WSBA
736
event, the person in charge of the event shall choose by lot the five applicants
who will be granted time to make their individual 1st Amendment expressions.
The person in charge of the WSBA event will take reasonable measures to
ensure that good order and proper decorum prevail at the event while these 1st
Amendment expressions are presented; however, no one shall be required to
participate in any way during these 1st Amendment expressions.
737
~
MlllB MACDONALD HOAGUE & BAYLESS
ATTORNEYS AND COUNSE LORS AT LAW
705 Second Avenue

Suite 1500
Seattle, Washington Alec Bayless (1921-1 991)
98104-1745
Francis Hoague (1909-1993 )
Kenneth A . MacDonald (1917-2012)
Tel 206.622.1604
Fax 206.343.3961
Miguel A. Bocanegra
Tiffany M. Cartwright
Katherine C. Chamberlain
AndrewT. Chan
Kirsten Eklund
Timothy K. Ford
Katrln E. 'Frank
Angela C. Galloway
Ester Greenfield
September 16, 2016 Leslie J. Hagin
Ralph Hua
Joe Shaeffer
David J. Whedbee
Jesse Wing
Lola S. Zakharova

Re: Policy of Facilitating Prayer at WSBA Events
Dear Board of Governors,
I write on behalf of the ACLU of Washington to address the WSBA' s consideration of a

proposed policy that would facilitate prayer at its Board of Governor' s meetings, CLE, and other
events. Adopting such a policy would be ill-advised for several reasons, legal and practical.
At the outset, the Board should consider why the WSBA should, at this point in its long
existence, adopt a new policy of inviting prayer at its events. In the words of Justice Sandra Day
O'Connor, "Those who would renegotiate the boundaries between church and state must
therefore answer a difficult question: Why would we trade a system that has served us so well for
one that has served others so poorly?" McCreary Cty., Ky. v. Am. Civil Liberties Union ofKy .,
545 U.S. 844, 882, 125 S. Ct. 2722, 2746, 162 L. Ed. 2d 729 (2005).
Doing so is inconsistent with the WSBA' s mission, which is "to serve the public and the
members of the Bar, to ensure the integrity of the legal profession, and to champion justice."
http://www.wsba.org/About-WSBA. "The Washington State Bar Association is part of the
judicial branch, exercising a governmental function authorized by the W ashington State Supreme
Court to license the state's nearly 35,000 lawyers." Id.
There is no secular purpose behind introducing prayer into the activities of the State's
body that governs the practice oflaw, oversees the behavior and education of all practicing
lawyers, and the interests of the public. Washington residents and the lawyers who practice here
practice many different religions, some traditional, some new, some orthodox, some not, and
many do not practice or believe in religious tenets at all. The WSBA must serve them all. As
.~.,._:-~--:--;:~-:\ ~'":"':~; .,~--.--.::..-:-.--_-~---.---7":.-:-;---::-,,-:--:~--;. - ~~.-: -- : -::;-~ ~ .,.. -":"T-::-:-:::. -:-:-..:- ... '"'."';' : ~ -- .. -~:. :-:::: ~ - 7'"'':\" - -~-:_:--:--:;---:-~------;;-:-:--.... _..- ~---~-~.~-;-.---:.~ ;:-i
-~,----_:~ ' -r"'.:"-:-:~---:--.
. . . ,df"''"'~~ :;'I ;, >( 2'. ..: > ~: ' _' :. ' '. ::~ .Jt:1illiAa.. L1.1.,f
738 1
September 16, 2016
Page2
part of the judicial branch, it should scrupulously avoid even the appearance of endorsing
religion versus non-religion, as well as any particular religion. 1
The federal courts have repeatedly recognized that official prayer or government
promotion of prayer is unconstitutional.2 The Supreme Court's decision in Town of Greece v.
Galloway, 134 S. Ct. 1811 (2014), did not vitiate the Constitution' s general ban on official
prayer, but dealt instead with a narrow exception inapplicable here. Town of Greece upheld the
constitutionality of invocations delivered during meetings of legislative bodies, and the Court did
so only because of the prayers' unique history dating back to the adoption of the First
Amendment. See id. at 1819 ("The First Congress made it an early item of business to appoint
and pay official chaplains, and both the House and Senate have maintained the office virtually
uninterrupted since that time."); see also Marsh v. Chambers, 463 U.S. 783, 787-88 (1983) ("The
1
There are apparently differing opinions over the WSBA's status when it is not engaged in enrolling or
disciplining attorneys. Whatever the case may be, it is doubtful that the public and the thousands of
attorneys who attend WSBA events and participate in their activities are cognizant of any distinction.
Adopting a policy that introduces prayer at its events is the kind of change that could lead to a judicial
determination that resolves the issue.
2
See, e.g., Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290, 314-16 (2000) (public-school policy
authorizing school-sponsored prayers at football games had "the purpose and perception of
[unconstitutional] school endorsement of student prayer"); Wallace v. Jaffree, 472 U.S. 38, 60 (1985)
(striking down state statute promoting "voluntary prayer" as "not consistent with the established principle
that the government must pursue a course of complete neutrality toward religion"); Engel, 370 U.S. at 430
(prohibiting daily recitation of official public-school prayer"); Mellen v. Bunting, 327 F.3d 355, 373 (4th
Cir. 2003) (ruling that military academy prayers send the "unequivocal message" that government
officials "endorse[] the religious expressions embodied in the prayer[s]"); Ingebretsen v. Jackson Pub.
Sch. Dist., 88 F.3d 274, 278-79 (5th Cir. 1996) (overturning school-prayer statute); NC Civil Liberties
Union Found. v. Constangy, 947 F.2d 1145, 1151 (4th Cir. 1991) ("When ajudge sits on the bench, says
'Let us pause for a moment of prayer,' and proceeds to recite a prayer in court, clearly the court is
conveying a message of endorsement of religion."); Hall v. Bradshaw, 630 F.2d 101 8, 1023 (4th Cir.
1980) (holding state department of transportation's inclusion of "Motorist's Prayer" on official map
violated Establishment Clause); Am. Humanist Ass 'n, Inc. v. City of Ocala, No. 5: 14-cv-65 1- 0c-32PRL,
2015 WL 5123274, at *12 (M.D. Fla. Aug. 31, 2015) ("the state cannot advance prayer activities without
the implication that the state is violating the Establishment Clause"); Newman v. City ofEast Point, 181
F. Supp. 2d 1374, 1380-81 (N.D. Ga. 2002) (holding that city's funding and promotion of prayer
breakfast ran afoul of the Lemon and endorsement tests); cf Milwaukee Deputy Sheriffs' Assoc. v. Clarke,
588 F.3d 523, 528-29 (7th Cir. 2009) (finding that county sheriff had endorsed religion by inviting
religious group to give proselytizing presentations to employees); Doe v. Village of Crestwood, 917 F.2d
1476, 1478 (7th Cir. 1990) (holding that village could not sponsor a mass as part of a municipal festival
because "[a] religious service under governmental auspices necessarily conveys the message of approval
or endorsement").
9999.05 jil68501
739 1
..!
September 16, 2016
Page 3
First Congress, as one of its early items of business, adopted the policy of selecting a chaplain to
open each session with prayer.").
The WSBA, unlike the govemmental bodies at issue in Town of Greece and its
predecessor, Marsh, is not a town council, state legislature, or other type of legislative body;
neither does it have any history of official prayer. Thus, the general rule prohibiting prayer
applies.
Our objections to the proposed policy do not stem from any hostility towards religion, but
rather seek to avoid excessive govemment entanglement with it. The proposed policy suggests
that the WSBA will encourage clergy invited to speak without proselytizing. But that would
require the WSBA impermissibly to shape the content of religious speech, weigh whether and
how disruptive the particular proselytizing was to attendees, and be uniform in its enforcement
across religions to avoid favoritism (Larson v. Valente, 456 U.S. 228, 244 (1982) (" [O]ne
religious denomination cannot be officially preferred over another.")). Or it could avoid
enforcement altogether, potentially running afoul of the law.
Neither does rejecting this policy proposal mean that religion must altogether be excluded
from WSBA events. Our Constitution's commitment to religious liberty ensures speakers at
govemment-sponsored WSBA events can express their own views, religious or not, in
connection with topics relevant to WSBA programs. 3 And anyone who wants to can arrange to
pray together before or after a WSBA event. Religious freedom thrives best when the
government stays out of religion, and that means the government cannot and should not tell us
how or when to pray or encourage religious worship. As the Supreme Court has recognized, the
"First Amendment mandates governmental neutrality between religion and religion, and between
religion and nomeligion." ACLU ofKy. v. McCreary County, 545 U .S. 844, 860 (2005).
Turning a WSBA meeting or event into a vehicle for government sponsored-prayer ignores that
constitutional obligation.
But apart from strictly legal considerations, adopting a policy that injects religious
practices into its events would be harmful to the WSBA's mission. America is deeply divided-
politically, socially, and all too often, religiously. Lawyers are thoughtful people, but there is
little reason to believe that they will leave their own strongly held religious-and non-
religious- views at the door when the WSBA has invited others to express religious opinions to
start events that have nothing to do with religion. Injecting religion into WSBA meetings and
activities would be divisive and alienate countless members. Many members have said as much.
It would substantially reduce attendance and interfere with serving the needs of all its members
and the public.
The ACLU vigorously defends the rights of all individuals to pray and practice their faith. A list of our
work in this area, is available here: https://www.aclu.org/aclu-defense-religious-practice-and-
expression?redirect=defendingreligion.
9999.05 jil 68501
740
.
,
.
..--
~------'..- I
September 16, 2016
Page4
We hope the WSBA will continue its long tradition of staying out of religious activity,
and thereby protect the rights of all Washingtonians, regardless of their religious or non-religious
beliefs.
-
Very truly yours,
\ 3 - W A , Member of Board of ,irectors,
~:~~
cc: Paula Littlewood, Executive Directof./
9999.05jil68501
741
WSBA
TO: Board of Governors
FROM: Anthony Gipe, Immediate Past President

Ann Holmes, Chief Operations Officer
Terra Nevitt, Director of Advancement and Chief Development Officer
RE: Final Update: Sections Policy Workgroup
On August 23, the Board conducted a first reading of revised Bar bylaws, including Article XI SECTIONS.
Following the meeting, Sections Policy Workgroup (workgroup) members and staff solicited feedback
regarding this article of the Bar bylaws. At its September 15 meeting, the workgroup reviewed the
feedback, incorporated several additional revisions, and recommended (all in favor, with one
abstention) that the Board approve the proposed Article XI revisions in September.
As directed by the Board, the workgroup has completed its work and is now dissolved. However, the
workgroup recommends that the Board and staff continue to facilitate discussions with sections on the
following topics:
1. section reserve funds
2. sections and WSBA CLE (including expenses and revenues associated with CLE recorded content)
3. improving engagement between sections and other parts of the Bar,
4. the relationship between section leader volunteers and Bar staff, and
5. a cost/benefit analysis of the value volunteers provide to the organization.
The workgroup believes the first two items involve WSBA policies, are important to section leaders, and
should be prioritized.
The workgroup has previously provided the Board with, and posted, meeting agendas, summaries,
memos and draft proposals resulting from its deliberations before section leader representatives joined
the workgroup in April. Attached are meeting agendas, minutes, and work products of all workgroup
meetings held since that time.
Attachment:
September 15, 2016: Sections Policy Workgroup meeting minutes, with final recommended
revisions to Article XI of the WSBA Bylaws included with the proposed WSBA Bylaw
amendments (item Sh of the September 29-30, 2016 BOG agenda).
Supplemental Materials:
August 15, 2016: Sections Policy Workgroup update memo, with initial proposed revisions to
Article XI of the WSBA Bylaws and Sections Policy Workgroup August 12 meeting minutes.
July 21, 2016: Sections Policy Workgroup update memo to Board (March - July 2016, with
meeting minutes and materials of April 28, June 6, June 20 and July 11 meetings)
742
Sections Policy Workgroup
Meeting Minutes
Se pte mbe r 15, 2016
The Sections Policy Workgroup meeting began its final meeting at 9:30 a.m. on Thursday, September 15.
The meeting focused on: (1) feedback received regarding proposed changes to Article XI of the bar
bylaws, (2) how sections might support each other financially, and (3) future discussion topics. Present
at the meeting were the following workgroup members: Chair Gipe, President-elect Haynes, Governors
Black, Brady, Danieli, Davis, and Wilson; section leaders Edlund, Hunter, Reed, and Swegle; and WSBA
employees Eriksen, Holmes, McElroy, and Nevitt. WSBA Executive Director Littlewood and employees
Unite, Terrenzio, and Plachy also attended. Kimberlee Thornton and Kevin Fay attended as guests.
Workgroup members Doane, Lynch, and Stephens were not present for the meeting.
1. Feedback on Proposed Revisions to Article XI of the Bar Bylaws
Workgroup members discussed feedback received from WSBA members regarding the proposed
changes to Article XI of the Bar bylaws. Based on this feedback, and the additional suggestions from
members of the workgroup, the following changes were made to the proposed changes of Article XI of
the Bar bylaws:
Article Xl.C.2, the term 'judicial member' was added to enable individual sections to further
define voting members of the section to include judicial members.
Article Xl.F.1, this provision was revised to clarify that an individual section may define voting
members of its section. This clarification was also added to Xl.F.2.
Article Xl.H.1, the term "voting" was removed in the first sentence to align with Xl.H.2.
Article Xl.J, a phrase was added to reference Bar fiscal policies and procedures for clarity.
Minor scrivener changes were made to change all uses of the word 'shall' to 'will' or 'must', and
to be sure capitalization and terminology are consistent with the rest of the bar bylaws.
Members agreed (with one abstention) to present the attached proposed changes to Article XI of the
bar bylaws for Board action at the September meeting.
2. Financial Support Among Sections
The workgroup discussed how section reserve funds could be used to support programming by sections
without adequate funds, including: (a) creating a voluntary pool of funds; (b) facilitating direct
contributions from one section to anothe rfor a specific purpose or need; and ( c) collaboration between
sections on specific projects or programs.
The workgroup also discussed what, if any, limit should be placed on the amount of funds accrued in a
section's reserve, expressing general agreement that perhaps a percentage of direct expenses should
be used as a limit; and that the topic warranted a more in-depth discussion.
3. Future Discussion Topics
743
The workgroup identified other t opics to add ress in the next several years. In addition t o section
reserve s, other sugge sted t opics include: sections and CLE (including expenses and revenues associated
with CLE recorded content), improving engagement between sections and oth er parts of the Bar, the
relation ship between section leader volunteers and bar staff, and a cost/benefit analysis of the value
volunteers provide to the organization.
The workgroup noted that policies regarding section reserves and CLEs were particularly important to
address. The workgroup also agreed that some topics might best be covered at the staff /volunteer level
while policy level items would be considered by the Board .
The section leader members of the Workgroup expressed interest in assisting if and when the Board
convenes future discussions on the above topics. The workgroup also recommended that Board and
staff more actively solicit input from the sections, particularly given their subject matter expertise in a
variety of areas.
Meeting adjourned at 1:56 p.m.
For questions, comments or feedback, contact me directly or email secti ons@ws ba.org
Thank you,
Anthony David Gipe, Chairof the Sections Pol icy Workgrou p

Immediate Past Pre sident, WSBA
744
Seattle, WA
June 2-3, 2016
How the Consent Calendar Operates: The item listed below is proposed for approval on the Consent
Calendar. Following introductions in the Public Session, the President will ask the Board if they wish
to discuss any matter on the Consent Calendar. If they do, the item will come off the Consent
Calendar and be included for discussion under First Reading/Action Items on the regular agenda. If no
discussion is requested, a Consent Calendar approval form will be circulated for each Governors
signature.
Consent Calendar Approval

a. July 22-23, 2016, Public Session Minutes.......................................................................................... 746
b. August 23, 2016, Special Meeting Public Session Minutes ............................................................... 753
c. 2017 Keller Deduction Schedule ...................................................................................... late materials
d. WSBA Committee on Mission Performance and Review (CMPR) Report......................................... 759
e. Recommendations re WSBA APEX Awards ....................................................................................... 764
f. WSBA Reserve Policy ......................................................................................................................... 769
g. Construction Law Section Design Professional Model Residential Contracts .................................. 772
h. Proposed Amendments to Civil Rights Law Section Bylaws.............................................................. 790
i. Appoint Member to Continuing Legal Education (CLE) Committee ................................................. 810
j. Appoint Co-Chair to Pro Bono and Public Service Committee.......................................................... 811
745
DRAFT- SUBJECT TO APPROVAL
MINUTES
Public Session
BOARD OF GOVERNORS
Walla Walla, WA
July 22-23, 2016
The Public Session of the Board of Governors of the Washington State Bar Association (WSBA)
was called to order by President Bill Hyslop on Thursday, July 22, 2016, at 10:20 a.m., at the
Marcus Whitman, Walla Walla, Washington. Governors in attendance were:
Keith M. Black (Friday only)

Philip L. Brady
Mario M. Cava
Ann Danieli
Sean M. Davis
Jam es K. Doane
Elijah M. Forde
Bradford E. Furlong
Angela M. Hayes
Andrea S. Jarmon
Jill A. Karmy
William D. Pickett
G. Kim Ri senmay
Karen Denise Wilson
Al so in attendance were Preside nt-elect Robin Haynes, Immediate Past-President Anthony
Gipe, Executive Director Paula Littlewood, General Counsel/Chief Regulatory Counsel Jean
M cElroy, Chief Disciplinary Counsel Doug Ende, Director of Human Resources Frances Dujon-
Reynolds, Chief Communications Officer Debra Carnes, Chief Operations Officer Ann Holmes,
Director of Advancement/Chief Development Officer Terra Nevitt, and Executive Assistant
Margaret Shane.
WSBA Board of Governo rs Public Session Page 1 of 7

July 22-23, 2016 746
WELCOME AND INTRODUCTIONS
Officers, Governors, staff, liaisons, and guests introduced themselves. President Hyslop
welcomed the Board and everyone in attendance to the Marcus Whitman, Walla Walla,
Washington .
The following items were discussed on Friday, July 22, 2016.
CONSENT CALENDAR
a. June 2-3, 2016, Public Session Minutes

b. Appointment of Chairs and Vice-Chairs to WSBA Committees and Boards
c. 2016-2018 WSBA Strategic Goals
d. Suggested Amendments from Office of Disciplinary Counsel to Various Rules for
Enforcement of Lawyer Conduct (ELCs)
e. Revised \t\ISB/\ expense Policy pulled by Governor Risenmay and taken up later in meeting
f. Amendments to Real Property, Probate and Trust Bylaws
g. Adjustment to BOG Nominations Committee Procedures
WSBA COMMITI'EE ON MISSION PERFORMANCE AND REVIEW (CMPR) REPORT - President-

elect Robin Haynes, Chair, and Sue Strachan, Legal Community Outreach Specialist (first
reading)
Chair Haynes explained the work of the CMPR and highlighted the increased inclusion of new
and young lawyers by various committees, diversity work, metrics, and improved reports. She
referred the Board to the recommendations contained in the meeting materials and highlighted
the recommendations regarding the Amicus Curiae Brief Committee and the WSBA Legislative
Committee.
LLLT Board Chair Steve Crossland joined the table to give a history and bring the Board up to
date on the Limited License Legal Technician (LLLT) Program . He advised that the goals for the
Program in 2016 include exploring some limited role for LLLTs in appearing in court, limited
negotiations on behalf of clients, and possibly extending the limited time waiver for another
five years . He noted that a Family Law Advisory Committee has been created to respond to
questions from schools and students and that discussions are being held regarding the inability
of students taking classes through the law schools to obtain financial aid. He concluded by
WSBA Board of Governors Public Session Page 2 of 7

July 22-23, 2016 747
stating that the LLLT Board is in the process of working on a new practice area, which will be
something akin to elder law and guardianships. Discu ssion ensued regarding including
community colleges in offering practice area curriculum in order to help solve financial aid
issues; growth and promotion of the LLLT program; LLLT placements to date; next practice area;
protection for potential liability; training requ irements before practicing; data collection; make-
up of the LLLT Board; and how the BOG can be helpful in advancing the LLLT profession.
WSBA RELIGIOUS OR SPIRITUAL PRACTICES POLICY - Jean McElroy, General Counsel/Chief

Regulatory Counsel; Frances Dujon-Reynolds, Director of Human Resources; and Robin
Nussbaum, Diversity Specialist (first reading)
General Counsel McElroy referred the Board to the two draft Pol icies contained in the meeting
materials and explained each one. Discussion ensued regarding the need to develop a policy in
order to give staff guidance in situations when there is a request to include a religious or
spiritual practice as part of a WSBA event; redline versions of the proposed policy that were
submitted from the WSBA membership; Indian law practice and cultural norms; potential
liability issues for WSBA; and the importance of the Board in fulfilling its fiduciary obligations. It
was the consensus of the Board to continue receiving comments from, and dialogue with,
interested parties. In addition, it was the consensus of the Board that a Work Group will not be
needed to address this issue and t hat all materials subsequently submitted on this item be
made available to the Board and published on line for the membership to review. Also, prior to
the September BOG meeting, WSBA will work with Indian Law Section members to better
understand their input and con cerns.
SUGGESTED AMENDMENTS TO ADMISSION AND PRACTICE RULES (APRs) FOR

ADMINISTRATIVE COORDINATION - Jean McElroy, General Counsel/Chief Regulatory Counsel
(first reading)
Executive Director Littlewood updated the Board on the progress of the Coordinated
Regulatory System project. She advised that she, General Counsel McElroy, and Chief
Disciplinary Counsel Ende met with the Washington Supreme Court Administrative Committee,
in order to explain the ideas for the coordinated system and to obtain feedback before starting
to draft rules for a discipline coordinated system .
WSBA Board of Governors Publi c Session Page 3 of 7

July 22-23, 2016 748
General Counsel McElroy explained that staff is currently administering three different types of
licenses within the Bar, with a net effect of three separate bar associations: Limited Practice
Officers (LPOs}; Limited Legal License Technicians (LLLTs}; and Lawyers. She expressed a desire
to control administrative costs for all of the license types. The plan is to use the same staff and
technologies to administer all license types, and to combine the three separate processes into
one primary administrative process, resulting in increased effectiveness and efficiencies. She
referred the Board to the draft Rules contained in the meeting materials and asked for input.
Discussion ensued regarding clarification of various proposed Rule language.
RECOMMENDATIONS RE WSBA APEX AWARDS - Governor Keith Black, Chair, and Debra
Carnes, Chief Communications Officer (first reading)
Chief Communications Officer Carnes explained the proposed recommendations. Discussion
ensued regarding clarification of the various recommendations.
BOG RESPONSE TO ESCALATING COST OF CIVIL LITIGATION (ECCL) TASK FORCE

RECOMMENDATIONS
President Hyslop referred the Board to the draft BOG Report contained in the meeting
materials. Discussion ensued regarding obtaining clarification from the Washington Supreme
Court concerning when to start work drafting Ru les related to the information contained in the
Report; and convening a Task Force consisting of members with specific expertise. Governor
Karmy moved to approve the BOG Response as contained in the meeting materials and send it
to the Washington Supreme Court with attachments 1-11 as proposed in the Report. Motion
passed unanimously.
UPDATE ON PROPOSED WSBA BYLAW AMENDMENTS - Immediate Past-President Anthony

Gipe, Chair, and Jean McElroy, General Counsel/Chief Regulatory Counsel
Chair Gipe referred the Board to the information contained in the meeting materials and
reported that redlining of the Bylaws is continuing. He advised that the final Work Group
meeting, which is open to the public, is scheduled on August 8 at the WSBA offices where the
redline draft would be finalized for first reading at the Board's Special Meeting on August 23.
Discussion ensued regarding extending the time frame for consideration of this item.

July 22-23, 2016 749
UPDATE ON SECTIONS POLICY WORK GROUP - Immediate Past-President Anthony Gipe,
Chair; Ann Holmes, Chief Operations Officer: and Terra Nevitt, Director of
Advancement/Chief Development Officer
Chair Gipe iterated the topics of discussion for the August 12, 2016, meeting of the Work
Group. He advised that the Work Group will make final minor changes to its recommended
revisions to Article XI of the WSBA Bylaws.
CONSENT CALENDAR
Revised WSBA Expense Policy - Governor Risenmay advised that the issue concerning the
Revised WSBA Expense policy had been resolved, based on his clarified understanding that the
Policy was recommended by the Budget and Audit Committee, consistent with the
recommendations of the Sections Policy Work Group. Governor Brady moved to approve the
revised expense policy as contained in the meeting materials. Motion passed unanimously.
The following items were discussed on Saturday, July 23, 2016.
ELECTION OF 2016-2017 WSBA TREASURER
Governor Wilson nominated Governor Jill Karmy as the 2016-2017 WSBA Treasurer and moved
that the Board approve the nomination. There were no other nominations. Motion passed
unanimously.
DRAFT WSBA FY2017 BUDGET- Governor Karen Denise Wilson, Treasurer; Ann Holmes, Chief
Operations Officer; and Tiffany Lynch, Controller (first reading)
Treasurer Wilson exp lained that the objectives at this meeting are to finalize the FY2017
budget, consider and provide guidance about 2018-2020 license fee models, review proposed
revisions to the WSBA reserve policy, identify costs likely to change between the draft and the
final FY17 budget, and authorize the website redesign project to begin before October 1, 2016.
Chief Operations Officer Holmes introduced the FY2017 WSBA draft budget, which consists of
six budgets: the General Fund Budget; Capital Budget; Continuing Legal Education (CLE) Budget;
Lawyers' Fund for Client Protection (LFCP) Budget; the Western States Bar Conference Budget;
WSBA Board of Governors Public Session Page 5 of7

July 22-23, 2016 750
and the Sections Budget. She provided an overview of the proposed General Fund Budget, as
set forth in the meeting materials. She also noted that insurance premiums will increase in the
final draft due to the addition of cyber coverage and an increase in prof~ssional liability
premiums.
Controller Lynch provided an overview of the Capital Budget and advised that major FY2017
capital projects include the WSBA website redesign; member system upgrade; paperless
accounts payable system; updated mailing equipment; and hardware upgrade to servers and
network equipment. Chief Operations Officer Holmes noted that cost information received
following preparation of the first draft budget for mailing equipment and the website redesign
will be updated in the final budget. Mailing equipment expenses will decrease; the website
redesign project costs will increase by $35,000 based on negotiations with the vendor selected
following a rigorous RFP process. She explained that WSBA would like to contract with the
vendor and begin work now rather than wait until the beginning of FY2017. She then provided
overviews of the CLE budget, the LFCP budget, and WSBA reserves, and explained that the
proposed CLE budget combines the seminars and products cost centers, while the LFCP budget
is funded by an annual assessment on each WSBA member set by the Washington Supreme
Court (currently $30). LFCP reserves, the only legally restricted WSBA reserves, are intended to
cover the cost of gifts made to members of the public who are harmed by the dishonest
conduct of lawyers in Washington state. The LFCP Board is examining options with respect to
growing reserves, including increasing the cap on gift awards. Other than LFCP restricted
reserves, all other WSBA reserves are Board designated. General Fund Reserves include the
Operating Fund Reserve, Capital Fund Reserve, Facilities Fund Reserve, Program Reserve Fund,
and the Unrestricted General Fund Reserves; there are also Board designated reserves for the
CLE and Section Funds. Discussion ensued about the proposed budget, with no changes
identified.
Governor Wilson moved that the Board approve work to proceed immediately on the Website
Redesign Project at the cost of $35,000 over the initial estimate. Motion passed unanimously.

July 22-23, 2016 751
2018-2020 WSBA LAWYER LICENSE FEES - Governor Karen Denise Wilson, Treasurer; Ann
Holmes, Chief Operations Officer; and Tiffany Lynch, Controller (first reading)
Chief Operations Officer Holmes reviewed the history of WSBA license fees and reserves since
2001, included in the meeting materials, and presented the top two options of many that the
Board and the Budget and Audit Committee considered this year. The first model assumes that
reserves should not fall below $1.5 million. In order to maintain this minimum level of reserves,
active lawyer license fees would be set at $343 in 2018, $453 in 2019, and $458 in 2020. The
second model, which the Budget and Audit Committee recommended, assumes that reserves
should not fall below $2.0 million by the end of 2019. Under this model, the active lawyer
license fee would be set at $449 in 2018 $453 in 2019, and $458 in 2020. Following discussion,
the consensus of the Board was to support the model r that maintains a $2 million reserve.
WSBA RESERVE POLICY - Governor Karen Denise Wilson, Treasurer; Ann Holmes, Chief
Operations Officer; and Tiffany Lynch, Controller (first reading)
Chief Operations Officer Holmes reviewed proposed changes to the cu rrent policy as set forth
in the redlined, annotated version conta ined in the meeting materials.
DESIGN PROFESSIONAL MODEL RESIDENTIAL CONTRACTS - Terra Nevitt, Director of

Advancement/Chief Development Officer (first reading)
Director Nevitt referred the Board to the information contained in the meeting materials and
advised that thi s is the fifth model contract from the Construction Law Section brought before
the Board for approval. Immediate Past-President Gipe reviewed the history of the model
contracts and noted that they are of great service to the public.
ADJOURNMENT
There being no further business, the Public Session portion of the meeting was adjourned at
11:55 a.m. on Saturday, July 23, 2016.
Paula C. Littlewood
WSBA Executive Director & Secretary

July 22-23, 2016 752
DRAFT-SUBJECT TO APPROVAL
MINUTES
Public Session
BOARD OF GOVERNORS SPECIAL MEETING
Seattle, WA
August 23, 2016
The Public Session of the Board of Governors of the Washington State Bar Association (WSBA)
was called to order by President Bill Hyslop on Tuesday, August 23, 2016, at 10:00 a.m., at the
WSBA Conference Center. Seattle, Washington. Governors in attendance were:
Keith M . Black
Philip L. Brady
Mario M. Cava (by phone)
Ann Danieli
Sean M . Davis
James K. Doane
Elijah M. Forde
Bradford E. Furlong
Angela M. Hayes
Andrea S. Jarmon
Jill A. Karmy
William D. Pickett
G. Kim Risenmay
Karen Denise Wilson
Also in attendance were President-elect Robin Haynes, Immediate Past-President Anthony
Gipe, Executive Director Paula Littlewood, General Counsel/Chief Regulatory Counsel Jean
McElroy, Chief Disciplinary Counsel Doug Ende, Director of Human Resources Frances Dujon-
Reynolds, Chief Communications Officer Debra Carnes, Chief Operation s Officer Ann Holmes,
Director of Advancement/Chief Development Officer Terra Nevitt, and Executive Assistant
Margaret Shane.
WELCOME AND INTRODUCTIONS
WSBA Board of Governors Special Meeting Public Session Page 1of6

August 23, 2016 753
Officers, Governors, staff, liaisons, and guest s introduced themselves. President Hyslop
welcomed the Board and everyone in attendance to the WSBA Conference Center, Seattle,
Washin gton.
PROPOSED GR 12 AMENDMENTS - Paula Littlewood, Executive Director; Jean McElroy,

General Counsel/Chief Regulatory Counsel; and Doug Ende, Chief Disciplinary Counsel (first
reading)
Executive Director Littl ewood reviewed th e history of the regulation of the practice of law in
Washingt on st ate. General Counsel McElroy referred to t he information contained in the
meetin g materials and explained th at the General Rules had been renumbered in order to add a
section for the Regulatory Objectives, w hich were developed through the American Bar
Association (ABA), and a preamble section that describes the authority of the Washington
Supreme Court (Court) to regulate th e practice of law in Washington state. She then iterated
the remainder of the proposed GR 12 amendm ents. Discussion ensued regarding proposed
amendments to GR 12 bein g a codification of what is already occurring; services provide d
directly to th e public by the bar; the importance of protecting th e rule of law; changing the
name to "Washi ngton State Bar;" adding public members; the Bar's relationship with the Court;
the religious practices issue; integrated versus bifurcated Bar; alleged misrepresentations
regarding the work and proposa ls of the Sections Policy Work Group; and the apparent shift
from an inwa rd-facing organization that serves its members to an outwa rd-facing public-service
entity.
Executive Director Littlewood explained that changing th e Bar's nam e is a more accurate
reflection of the Bar as an organization that is both a professional and regulatory agency, and
that the Bar's focus has been, and continues to be, serving its members in furtherance of its
obligation to serve and protect th e public. In addition, she explained that the Bar is an
instrumentality of the Court and that the Court is the only entity that can de-integrate the Bar.
WSBA Board of Governors Speci al M eeting Public Session Page 2 of 6

August 23, 2016 754
SUGGESTED AMENDMENTS TO ADMISSION AND PRACTICE RULES (APRs) FOR
ADMINISTRATIVE COORDINATION - Jean McElroy, General Counsel/Chief Regulatory Counsel
(second reading)
General Counsel McElroy explained that this item will be on the agenda at the September 29-
30, 2016, Board meeting for action in order to be included in the Washington Supreme Court's
rulemaking cycle thi s year. She noted that the reason for the suggested amendments was
included in the July 22-23, 2016, Board meeting materials. She explained the history and
context of the suggested amendments and noted that the best way to achieve efficiency and
effectiveness is to align all of the 17 different licenses as much as possible into one
administrative process. She noted that some licenses are used infrequently or not at all, and so
it is being suggested those licenses be moved into another category or eliminated.
Chief Justice Madsen extended thanks to the current Board, as well as the Board that worked
on the Governance Task Force report, and noted that the Washington Supreme Court
appreciates and respects the hard work of both Boards. She emphasized how important it is to
speak with one voice and urged the WSBA members not to doubt the motives of this Board; the
Court ha s heard from the Board, seen its work, and knows that it is motivated by the very best
intentions. She concluded by stating that the Wa shington Supreme Court could not be more
proud of this organization.
SECTIONS POLICY WORK GROUP RECOMMMENDATIONS RE SUGGESTED AMENDMENTS TO

BYLAWS ARTICLE XI - Immediate Past-President Anthony Gipe, Chair; Ann Holmes, Chief
Operations Officer; and Terra Nevitt, Director of Advancement/Chief Development Officer
Chair Gipe referred the Board to the information contained in the meeting materials and
reviewed the history ofthe Work Group, including the scope of policies under review. The Work
Group-recommended revisions to Article XI of the WSBA Bylaws were developed following
input by a subgroup composed of the section leader representatives on the Work Group. These
revisions will be on the agenda as an action item at the September 29-30, 2016, Board meeting,
unless significant changes are made at this meeting. He then reviewed and explained the
recommendation s contained in Article XI of the WSBA Bylaws. Discu ssion ensued regarding the
impact the propo se d changes in Article Ill of the WSBA Bylaws may have on Article XI; and
including the defi nition of "member" as it relates to sectio n membership. Chair Gipe noted that
W SBA Board of Governors Speci al M eeting Public Session Page3 of 6

August 23, 2016 755
there are valid concerns regarding how the recommended am endments interface with other
recommended amendments in the WSBA Bylaws, and asked that suggestions for aligning the
recommendations be brought to the next Work Group meeting on September 15, 2016, and to
the Board.
PROPOSED WSBA BYLAW AMENDMENTS - Immediate Past-President Anthony Gipe, Chair,

and Jean McElroy, General Counsel/Chief Regulatory Counsel (first reading)
Chair Gipe reviewed the history and background leading up to the proposed WSBA Bylaw
amendments and referred the Board to the information contained in the meeting materials. He
then gave a summary of the highlights of the proposed amendments in each of the WSBA Bylaw
Articles.
Article I: conform WSBA Bylaws to GR 12.
Article II : general provision s and definition s, including definition of a member.
Article Ill: membership classes; status of each class; changing class. General Counsel McElroy
noted that " class" should be changed to "type." Di scussion ensued regarding licensures;
definition of "members;" budgetary concerns regarding reserves; and clarifying language
regarding license fee referendum in Section 6.
Article IV: governance of the Board . Chair Gipe explained that three versions of Article IV are
being prese nted since Article IV is tied to Article VI on elections and addition of new members
on the Board . Version 1, recommended by the Bylaws Work Group, suggests th at all three
proposed at-large position s be elected by the Board; version 2, reco mmended by th e
Gove rnance Task Force, suggests all three at-large positions be appointed by the Wa shington
Supreme Court; and version 3, recommended by the BOG Executive Com mittee, suggest s a
compromise of versions 1 and 2, which would entail th e LLLT/LPO at-large members be elected
by the Board, and the public at-large members be nominated by th e Board and appointed by
the Supreme Court . He asked that comments be sent to him and to Gen eral Counsel McElroy.
Discu ssion ensued regarding th e fiduciary obligation s and responsibilities of the Board
members; appointing versus electing members of the Board; and active members versus active
lawyer members.
Article V: conforming to style changes.
WSBA Board of Governors Specia l M eeting Public Session Page 4 of 6

August 23, 2016
756
Article VI : inclu sion of th ree new at-large members on the Board in direct response to th e
Governance Ta sk Force Report and th e Board's 2015 Governance Report, which recommended
th e addition of t wo public members and one Limited Pra ctice Officer/ Limited License Legal
Technician member. Discussion ensued rega rding whether to institute proposed vers ion 1, 2, or
3 for se lection of these Board members; and concern regarding voting members of the Board
w ho are not members of WS BA. Further discussion was postponed du e to timing issues. Th e
Board meeting was recessed at 3:30 p.m. in order to hold the Question and Answer Session
with members, and was resumed at 4:20 p.m.
Article VII : meetings. Chair Gipe explained that the Open Public Meetings Act does not apply to
the WS BA as an organization, but it has consistently been the policy of this Board to conduct
open meetings and maintain open reco rds, consistent wit h the approach of th e Washi ngton
Supreme Court and in accordance with Court rules.
Article VI II : member referenda. He advised that the Board withdrew this item from the Bylaws
review at its July 22-23, 2016, meeting and that there is no recommendati on to amend this
Article at thi s time.
Article IX: comm ittees, task force s, cou ncils. Chair Gipe noted t hat most of the proposed
amendments are designed to stop proliferation of naming working bodies without direction.
Article X: regulatory boards. Liaisons may not be excluded from meetings.
Article XI: sect ion s. Discussed earlier.
Article XII: young lawyers. No substantive amendments.
Article XIII: records disclosure and preservation. Conforming to other amendments.
Article XIV: indemnification. Chair Gipe advised that the Board has received a great deal of
advice from Counsel in Executive Session that cannot be shared in Public Session. General
Counsel McElroy explained the two basic positions relating to wh at extent th e Bar wi ll
indemnify its volunteers who hold certain roles. She noted that the question t o be resolved has
to do w ith the relationship of individual and WSBA in surance coverage whe n considering
indemnification . Discussion ensued regarding these co ncepts.
Article XV : Keller deduction. No sub st antive amendments.
Article XV I: amendments. No sub stantive amendments.
WSBA Board of Governors Special Meeting Public Session Page 5 of 6

August 23, 2016 757
Discussion then resumed regarding Article VI: inclusion of three new at-large members on the
Board. A straw vote was taken and it w as the consensus of the Board to proceed with version 1,
recommended by the Bylaws Wo rk Group, which would result in the Board electing all three
proposed at-large positions.
Chair Gipe requested that any language amendments to the proposed Bylaws be written and
se nt to the Bylaws Work Group prior to the September 15, 2016, Bylaws Work Group meeting.
It was announced that there wo uld be a Town Hall event held on September 14, 2016, at the
WS BA Conference Center.
ADJOURNMENT
There being no further business, the Public Session portion of the Special Meeting was
adjourned at 5:10 p.m. on Tuesday, August 23, 2016.
Paula C. Littlewood
WSBA Executive Director & Secretary
WSBA Board of Governors Specia l Meeting Public Session Page6of6

August 23, 2016 758
Committee on Mission Performance and Review
From: Robin L. Haynes, WSBA President Elect and Chair of the BOG Committee on Mission
Performance and Review (CMPR)
Re: Report from the WSBA Committee on Mission Performance and Review
Consent: Approve the FY2016 CMPR Report
At the July 21-22 Board of Governors meeting, the CMPR Report received its first reading.
The Board had questions regarding the lack of diversity demographic information for some of
the committees and boards. In past years, including FY16, demographic information was not
collected by the WSBA for these entities. This was due to the various application processes and
timelines some of the entities used to select their members. Beginning in FY17 the WSBA will
collect uniform demographic data on all boards, committees, and councils.
In addition to the above clarification, all other recommendations contained in the July 13, 2016,
memo will be adopted upon Board consent.
Attachment:
July 13, 2016 Memo to Board from the CMPR (first reading)
Supplemental Materials:
FY16 Annual Reports from boards, committees, and councils
759
WSBA
Committee on Mission Perfonnance and Review
FROM: Robin L. Haynes, WSBA President-Elect and Chair of the BOG Committee on
Mission Performance & Review (CMPR)
RE: Rep011 from the WSBA Committee on Mission Performance & Review
(First reading)
DATE: July 13, 2016
Action: Approve recommendations from WSBA Committee on Mission Performance and

Review (CMPR). (first reading)
The WSBA Committee on Mission Performance & Review (CMPR) annually reviews the work
of the WSBA' s committees, boards, and councils (committees). Through reviewing annual
rep01is, the CMPR assists the BOG in directing the WSBA' s committee work and ensures their
work is relevant and fulfills the WSBA's mission, guiding principles, and strategic direction.
Following this analysis, the CMPR forwards its recommendations to the BOG for review and
action as appropriate.
The FY16 WSBA Committee on Mission Performance & Review met on June 29, 2016. The
CMPR thanks all the WSBA Committees for their work over the past year. Overall, the work
being done was impressive and furthers the WSBA's mission.
After reviewing and discussing the attached FY16 committee reports the CMPR recommends
that:
Recommendations applicable to all committees and boards to be implemented in FYl 7:
All committees should address diversity in two aspects: 1) diversity of the committee
itself, and 2) how the committee's work enhances and addresses diversity and inclusion.
For FYl 7, committees that lack overall diversity wi ll be asked to outline their outreach
plans in order to increase the diversity of the applicant pool. The WSBA Diversity
Specialist and the Diversity Program Manager can be consulted for ideas and assistance.
1 760
Notes and recommendations for specific committees:
Amicus Brief Committee

The CMPR noted that in FY16 there was only one request for an amicus brief, which was
denied due to time constraints.
The work of this committee is valuable and beneficial to the WSBA and the broader legal
community. However, the nature of the work requires a more nimble response to amicus
requests. The recently established BOG Executive Committee meets frequently and could
act upon amicus requests in a more efficient maimer. If an amicus request is received and
the WSBA chooses to participate, the BOG Executive Conm1ittee could delegate the
drafting work to appropriate volunteers on an ad-hoc basis.
For these reasons, the CMPR recommends that the Amicus Brief Committee be sunsetted
in FYJ8.
Court Rules and Procedures Committee

No specific comments.
WSBA Legislative Committee

Vetting of section-proposed legislation is necessary, however the CMPR is concerned
that a more efficient process is needed. The pace of the state legislature and the WSBA
has dramatically changed over the years, thus it is a good time to re-evaluate the
processes we currently utilize.
The CMPR believes the existing committee structure does not meet current needs in light
of the specialized skills required to evaluate proposals, the wide-ranging subjects that are
brought for review, the potential duplicative role of the BOG Legislative Committee, the
best way to utilize WSBA' s volunteers, and the fast-paced climate of the legislature.
During FY17, the CMPR proposes that a work group be formed to determine best
practices for a new and improved process for vetting legislative proposals.from WSBA.
Editorial Advisory Committee (EAC)

The CMPR encourages the EAC to include more people of color and diversity in all
issues of NWLawyer.
Judicial Recommendation Committee (JRC)

The CMPR acknowledges the hard work of this high-functioning committee, and was
impressed that 414 references had been checked.
The Conm1ittee proposes that the JRC explore with the governor' s office a way to place
more emphasis on diversity. For example, wording on the judicial application forms
could be revised to highlight the value of diverse references.
2
761
Pro Bono and Public Service Committee (PBPSC)
The CMPR noted the continuing goal of member education around the topic of
unbundled legal services, and would ask the PBPSC to prioritize this issue in FYI 7.
The CMPR would like to see the PBPSC work with staff to develop metrics/measures on
how people are helped by the WSBA's public service programs.
The CMPR encourages the PBPSC to work with staff to continue to add to WSBA
programming, building on the success of the Moderate Means and Call to Duty
Programs.
The Committee looks forward to meeting with the Public Service Program Manager at its
next meeting to fm1her discuss these ideas and the PBPSC.
Committee on Professional Ethics (CPE)

The Committee is interested to learn how the CPE has implemented a two-step review
process to its consideration of issues going forward since the North Carolina Dental case
opinion from the US Supreme Comt that is, a preliminary review to evaluate whether
there are anti-trust implications raised by the issue to be explored, and, a second step,
assuming the answer to the first inquiry is no, on discussing the issue and offering any
recommendations.
Character and Fitness Board

Law Clerk Board (LCB)

The CMPR requests that the LCB explore options for encouraging diverse applicants to
apply for the program.
Access to Justice (ATJ) Board

The CMPR applauds the completion of domestic relations plain language forms project.
The CMPR appreciates the ATJ Board's willingness to embrace new and young lawyers
on its committees and through the training and networking opportunities it provides.
Lawyers' Fund for Client Protection (LFCP) Board

The CMPR appreciates the LFCP ' s comments regarding new lawyers and their suitability
for this board, and the board's commitment to recruiting newer lawyers.
Disciplinary Board
3 762
Limited Practice Board
Mandatory Continuing Legal Education (MCLE) Board

Practice of Law Board (POLB)

The CMPR noted that the POLB is working thru a backlog of items after its reinstatement
in July 2015 and is excited about the various topics and issue~ the Board is exploring.
The Committee and BOG look forward to continued dialogue and work together with the
Board.
Council on Public Defense

Board of Bar Examiners

CLE Committee
The Committee looks forward to meeting with the CLE Manager at its next meeting to
discuss how the CLE Committee can be most effective and helpful to the CLE
Depaitment.
WSBA Committee on Diversity

Washington Young Lawyers Committee (WYLC)

Limited License Legal Technician (LLL T) Board

The CMPR noted that this is a very hard-working board. It was also noted that the LLLT
Board, the POLB and the WSBA BOG coordinate and work well together.
The CMPR encourages the LLLT Board to add additional practice areas.
The CMPR encourages the LLLT Board to continue to address ways that would make the
innovative LLLT program accessible and affordable for these new legal professionals.
The LLL T Board Chair will join the Committee Chair in Walla Walla to further discuss
the work of the LLL T Board and how best the BOG can supp011 its work.
4
763
WSBA
BOARD OF GOVERNORS
From: Keith Black, Chair of the WSBA Awards Committee

Debra Carnes, Ch ief Communications Officer
Susan Strachan, Legal Community Outreach Specialist
Re: WSBA APEX Awards Recommendations
Consent: Approve Awards Committee recommendations regarding WSBA APEX Awards.
At the July 21-22 Board of Governors meeting, the recommended revision s to the WSBA Apex Awards
were discussed by the board.
The Board supported the recommendations as adopted but wanted reassurance that the language from
the Courageous Award, which was recommended for elimination, was clearly incorporated into the
Award of Merit definition to ensure that the attributes contained in that award were one of the
considerations given when choosing an Award of Merit recipient.
Below is the definition of the Courageous Award which will be eliminated:

This award is presented to an individual who has displayed exceptional courage in the face of
adversity, thus bringing credit to the legal profession.
Below is the current definition of the Award of Merit:

This award is the WSBA 's highest honor and is given for a recent, singular achievement. It is awarded
to individuals only - both lawyers and non-lawyers.
As requested, below is a revised definition of the Award of Merit that incorporates the Courageous
Award language:
This award is the WSBA 's highest honor and is given for a recent, singular achievement. The singular
achievement may involve an individual who has displayed exceptional courage in the face of
adversity, thus bringing credit to the legal profession. It is awarded to individuals only - both legal
professionals and members of the public.
In addition to the above change, all other recommendations contained in the July memo will be adopted
upon consent.
764
WSBA
BOARD OF GOVERNORS
From : Keith Black, Chair of the WSBA Awards Committee

Debra Carnes, Chief Communications Officer
Susan Strachan, Legal Community Outreach Specialist
Date: July 8, 2016
Re: WSBA APEX Awards Recommendations
Action: Approve Awards Committee recommendations regarding WSBA APEX Awards. (first reading)
In 2016 the WSBA Annual Awards were rebranded and became the WSBA APEX Awards. APEX stands
for Acknowl edging Professional Excellence.
During the June 2016 BOG meeting there was discussion of eliminating, consolidating, and adding to the
categories of the WSBA APEX Awards.
The Awards Committee met via conference call on July 8, 2016, and recommends the following revisions
to the WSBA APEX Awards:
ELIMINATE
Courageous Award
This award has not consistently been presented each year, as it has proven challenging to
ascertain what "courageous" means. Some nominations are for courageous acts, such as
restraining a shooter in the courthouse, versus serving one's country in a combat zone as JAG
attorneys do. Given its ambiguity, elimination is recommended with the caveat that language
from the Courageous Award definition be inco rporated into the Award of Merit definition to
capture courageous attributes for consideration when choosing its recipients.
Public Service Award

This overlaps with the Pro Bono award. The definition of the Public Service Award is similar to
the Pro Bono Award and we recommend revising the Pro Bono criteria to ensure it embodies
what was included in this award.
765
RENAME AND ADD A SECOND AWARD:
Pro Bono Award

The current Pro Bono Award will become the Pro Bono and Public Service Award. There will be
two awards presented in this category - one for an individual, or solo or sma ll firm practitioner,
and one for a multi-person firm or organization.
The existing description for the Public Service Award is:

This award recognizes a WSBA member who exemplifies the WSBA's culture of service: one who
gives back in meaningful ways to others, to his/her community, or to the profession.
The existing description of the Pro Bono Award is :

This award is presented to a lawyer, other legal professional, law firm, or bar association for
outstanding cumulative efforts in providing pro bona services.
Proposed revised description of the Pro Bono and Public Service Award:
These awards are presented to an individual, a lawyer, other legal professional, law firm, or
other legal entity for outstanding cumulative efforts in providing pro bona services or who gives
back in meaningful ways to the public, the community, or to the legal profession. Nominations
will be considered in two categories: 1) for an individual, or solo or small firm practitioner; 2) for
a multi-person law firm or organization.
Legal Innovation Award

This new award would recognize lawyers, law firms, courts, law schools, individuals, or other
organizations who demonstrate leadership in promoting innovation in the practice of law.
Innovation may be defined as programs, processes, or technology that advance or streamline
the future of the profession and accessibility/delivery of legal services.
If the above changes are adopted by the Board of Governors, The APEX Awards would consist of the
following 11 categories :
Award of Merit
Excellence in Diversity Award
Legal Innovation Award
Lifetime Service Award
Outstanding Judge Award
Pro Bono and Public Service Award (2) - individual/single/small and multi-person/organization
Professionalism Award
Outstanding Young Lawyer
Norm Ma Ieng Leadership Award (presented jointly by the ATJ Board and the WSBA)
Angelo Petruss Award for Lawyers in Government Service
Sally P. Savage Leadership in Philanthropy Award (presented by the WSB Foundation)
The changes maintain the number of current categories, while streamlining the criteria and eliminating
some duplication. These modifications also recognize the differences in pro bono commitment, ability,
and service between large, fully-staffed legal firms; partnerships between firms, businesses, and legal
aid organizations; and the solo or smaller practitioner. Additionally, the Legal Innovation Award
promotes new ideas and ways of working that enhance the legal profession and service to the public.
766
Current APEX Award Categories
Award of Merit
This award is the WSBA's highest honor and is given for a recent, singular achievement. It is awarded to
individuals only - both lawyers and non-lawyers.
Courageous Award
This award is presented to an individual who has displayed exceptional courage in the face of adversity,
thus bringing credit to the legal profession.
Excellence in Diversity Award

This award is made to a lawyer, law firm, or law-related group that has made a significant contribution
to diversity in the legal profession.
Lifetime Service Award

This award is a special award given for a lifetime of service to the legal community and the public.
Pro Bono Award

This award is presented to a lawyer, non-lawyer, law firm, or bar association for outstanding cumulative
efforts in providing pro bono services.
Professionalism Award
This honor is awarded to a WSBA member who exemplifies the spirit of professionalism in the practice
of law, as defined in the WSBA's Creed of Professionalism.
Public Service Award

This award recognizes a WSBA member who exemplifies the WSBA's culture of service: one who gives
back in meaningful ways to others, to his/her community, or to the profession.
Outstanding Judge Award

This award is presented for outstanding service to the bench and for special contribution to the legal
profession at any level of the court.
Outstanding Young Lawyer Award

This award recognizes one attorney who has made significant contributions to the professional
community, especially the community of young lawyers, within their initial years of practice . Recipients
must be active WSBA members within five years of admission to any bar association or under 36 years
of age.
Norm Maleng Leadership Award

This award is given jointly by the WSBA and the Access to Justice Board, in honor of Norm Maleng's
legacy as a leader. He was an innovative and optimistic leader committed to justice and access to justice
in both civil and criminal settings. Within the profession, his leadership was characterized by his love of
the law and commitment to diversity and mentorship. This award recognizes those who embody these
qualities.
767
Angelo Petruss Award for Lawyers in Government Service
Named in honor of Angelo R. Petruss, a senior assistant attorney general who passed away during his
term of service on the WSBA Board of Governors, this award is given to a lawyer in government service
who has made a significant contribution to the legal profession, the justice system, and the public.
Sally P. Savage Leadership in Philanthropy Award

The Washington State Bar Foundation is accepting nominations for the Sally P. Savage Leadership
in Philanthropy Award, to be awarded at the WSBA Annual Award dinner in September 2016.
Sally Savage led the Bar Foundation's renaissance and was a cata lyst for its refocused mission to sustain
the WSBA's effort to advance justice and diversity. Her clarity, expertise and vision helped establish a
path for enduring support of a strong bar association that provides statewide leadership on matters of
profound importance to the profession and the citizenry. Sally's spirit of generosity and leadership
continue to inspire all who recognize the transformative potential of philanthropy. Philanthropy means
" love of humanity" and focuses on private initiatives for the public good, focusing on quality of life. Sally
Savage emulated th is spirit of philanthropy in her life, and it is in her memory that we continue to honor
donors, volunteers and friends of the Washington State Bar Foundation who embody Sally's spirit.
768
WSBA
From: Budget and Audit Committee
Re: Revisions to WSBA Reserves Policy
Consent: Approve Revised Chapter 4 of the WSBA Fiscal Policies and Procedures Manual
Chapter 4 of the WSBA Fiscal Policies and Procedures Manual, "Fund Ba lance" (WSBA Reserves Policy) is
defined as a "significant policy", which means that any revision must be recommended by the Budget & Audit
Committee and approved by the Board of Governors.
The Committee recommended revisions to the WSBA Reserves Policy in June, which the Board considered on
first reading in July. The revised policy is attached.
769
REVISED CHAPTER 4 AS RECOMMENDED BY THE BUDGET & AUDIT COMMITIEE
(6.13.16}
Chapter 4: Fund Balance
The fund balances, or net assets, of the Washington State Bar Association (WSBA) are the difference
between assets and liabilities. Fund ba lances are either unrestricted or rest ricted. The Board of Governors
may designate, and has designated, portions of the WSBA's unrestricted fund balance for specific purposes.
Annua lly during the budgeting process, the Budget & Aud it Committee shall review all fund balances,
determine if funds allocated to the various reserves shou ld be adjusted taking into account the goals and
purposes of each fund, and make any recommendations for adjustments to the Board of Governors.
UNRESTRICTED RESERVES
GENERAL FUND RESERVES

The General Fund supports the majority of the WSBA's work, including regulatory functions and most services
to members and the public. General Fund reserves are funded by the annual operating income of t he WSBA.
Use of the General Fund reserves is approved by the Board of Governors, usually planned as part of the annual
budget, and is reflected in any annual net loss incurred by the WSBA.
It is fisca lly prudent to maintain reserves to support operations in the event that an unant icipated loss occurs.
Therefore, unless recommended by the Budget & Audit Comm ittee and approved by the Board of Governors,
the total value of the General Fund Reserves sha ll not fall below $2 million dollars.
1. Operating Reserve Fund. The Operating Reserve Fund is a board-designated fund established t o cover
unanticipated expenses in the event of an emerge ncy. As of April 2008, the Operation Reserve Fund
sha ll be $1.5 million . Any use of this fund sha ll be recommended by the Budget and Audit Committee
and approved by the Boa rd of Governors.
2. Facilities Reserve Fund

The Facil it ies Reserve Fund is a board-designated fund established to support future facilities needs
such as an office move or refurbishment of existing office space. As of October 2016, the minimum
balance of this fund shall be $200,000. It is expected that the fund's value will increase as the WSBA
gets closer to lease co mpletion at the end of December 2026. To determine the level of reserve funds
needed for a future move or refurbishment, the Budget and Audit Committee shall seek the guidance of
the Facilities Subcommittee of the Budget and Audit Committee to assist in setting the facilities reserve
f und balance goal no later than 5 years prior to the end of t he WSBA's lease.
3. Unrestricted General Fund Balance

This is th e cumulative balance of net assets from General Fund operations not otherwise restricted or
designated to any other fund.
CONTINUING LEGAL EDUCATION (CLE) RESERVE FUND

The CLE Reserve Fund is a board-designat ed fund th at serves as an operating reserve in the event CLE suffers
an unanticipated financial loss. The CLE reserve is funded by the annual operating income of the CLE Seminars
and Products operations. Reserves may be used to cover any net loss or extraordinary costs. The CLE Fund
shall remain a part of th e WSBA assets and, as such, is subject to the superint endence and control of the Board
of Governors.
SECTIONS FUND
The Sectio ns Fund is a board-designated operating rese rve fund for the WSBA sections, cons isti ng of the
cumulative balance of net assets of all sections. Separate ledgers wi ll be maintained for each section, making
up t he tota l for the Sectio n Fund .
1
770
REVISED CHAPTER 4 AS RECOMMENDED BY THE BUDGET & AUDIT COMMITTEE
(6.13.16)
RESTRICTED RESERVES
LAWYERS' FUND FOR CLIENT PROTECTION (LFCP)

In 1995, the Washington State Supreme Court and the WSBA created the Lawyers' Fund for Client
Protection (LFCP). The purpose of this restricted fund is to relieve or mitigate a loss sustained by any
person due to the dishonesty of, or failure to account for money or property entrusted to, any member of
the WSBA in connection with the member's practice of law, or while acting as a fiduciary in a matter related
to the member's practice of law. The LFCP fund receives a mandatory annual assessment from each active
WSBA member. The difference between revenues and expenses of this fund each year results in the LFCP
restricted fund balance.
2
771
WSBA
FROM: Terra Nevitt, Director of Advancement and Chief Development Officer
RE: Design Professional Model Residential Contracts
Consent: Approve Construction Law Section's Proposed Design Professional Model Construction Contract.
The Executive Committee for the Washington State Bar Association's Construction Law Section is seeking
Board of Governors approval of a "Design Professional Model Construction Contract" to be made available
as a resource to the public, free of charge, on the WSBA website. This contract was presented for "first
reading" at the July 22-23, 2016, Board meeting. No changes to the contract were requested and none
have been made.
This is the fifth model contract that the section has prepared . In 2010 the section created the first two
model residential construction contracts (cost plus and lump sum) . These model contracts we re approved
by the Board of Governors on July 23, 2010, and made available to the public on the WSBA website. In
2013, the section brought forth two additional design-build contracts (lump sum and cost plus). These
were approved at the Board's January 23, 2014, meeting and have also been posted to the WSBA website
as a resource to the public.
772
Construction Law Section
MEMORANDUM
TO: The Board of Governors

FROM: Members of the Construction Law Section
DATE: May 4, 2016
RE: Design Professional Model Construction Contract for General Public Use
ACTION: Please approve the Design Professional Model Residential Contracts. (First Reading)
Many residential construction projects are done without the benefit of a formalized contract for the design
services (architect/engineer) scope of work, or with a contract that is greatly biased toward the design
professional. Additionally, there are many inexperienced design professionals and residential owners who
are unaware of the protections and benefits that can be included in their contracts. These issues can cause
problems for either party when a dispute arises. In an attempt to address this, the Executive Committee for
the Construction Law Section of the Washington State Bar Association has prepared a new form that can be
used when a residential owner is contracting with a design professional.
The forms currently available on the WSBA website include (1) a lump sum contract between owner
and contractor; (2) a cost plus contract between owner and contractor; (3) a design-build lump sum contract
between owner and design builder (when contractor also serves as the designer); and (4) a design-build cost
plus contract between owner and design builder. If a homeowner intends to enter into a lump sum or cost
plus contract directly with a contractor, and not a design builder, the homeowner will need to hire its own
designer to prepare the design for the project. This is the reason we created the design services agreement -
to fill the void in the existing contracts and address the need for owners to have all of the agreements
1
155148.1
773
necessary for a construction project. The Model Residential Design Services Agreement will help
homeowners and designers allocate risk and responsibilities for the design of a project. It is the drafters', the
Executive Committee's, and the WSBA Construction Law Section's hope that this document be provided
for free on the WSBA website. It can be changed and modified as necessary, but it offers a solid framework
for parties to start from.
The Construction Law Section has spent a great deal of time developing these balanced and
functional contracts that contain both alternatives and options for all parties involved. The Section sought
outside review by a lawyer heavily involved in the Design-Build Institute of America/Northwestern Region
and in representation of owners and designers in our area. Additionally, the Section has included a two-page
instruction letter to aid in the use of the contracts. This contract was written and evaluated by leaders in the
Construction Law community. We have seen great success with the other four contracts published on the
WSBA website earlier, and are eager to continue to help the contractors, owners and designers in our state.
We believe this contract will make an excellent addition to these resources.
2
155148.1
774
Welcome to the Model Residential Owner/Design Consultant
Professional Service Agreement
The Council for the Construction Law Section of the Washington State Bar Association prepared
this Model Residential Owner/Design Consultant Professional Service Agreement to help
homeowners and design professionals allocate risk and responsibilities. This form contract
document (the "Document") does not constitute legal advice or recommendations, and there
is no substitute for careful review by the parties and their attorneys. The drafters, the Council,
and the WSBA Constmction Law Section are not responsible for any use of the Document.
Agreement is written with the assumption that Owner will execute a version of the WSBA
Constmction Section's Model Residential Construction Contract Cost Plus between Owner and
Contractor or the Model Residential Construction Contract Lump Sum between Owner and
Contractor.
The following comments are intended to provide background information about some of the
Document provisions. The comments do not modify the language of the Document:
1. Relationship Between the Parties: This Document contemplates that the Owner will be
supplying a contractor with the plans, specifications and/or design documents that will be prepared
by the Consultant. This Document governs the relationship between the Owner and the Consultant
as the Consultant prepares the plans, specification and/or design documents for the project.
2. Scope of Work: The Consultant's scope of work on the project should be specified in an
Exhibit A to this Document. The Consultant's typical scope of work includes a Design
Development Phase, Construction Document Phase, and Construction Administration Phase.
Design Development is when the Consultant works with the Owner to develop a conceptual design
of the project, the Construction Document Phase is when the Consultant prepares the plans,
specifications and/or design documents that will be used to obtain a permit for construction and
also provided to the Contractor for pricing and construction, and the Construction Administration
phase is when the Consultant assists in the administration of the contract with the contractor
selected by the Owner. The Owner and Consultant may choose some to include all or some of
these three phases in the Exhibit A scope of services.
3. Compensation of Consultant: This Document is written to compensate the Consultant
based on unit prices for the Consultant's services with a not to exceed price specified by the
parties. The Consultant will not be entitled to additional compensation in excess of the not to
exceed price without a change in the contract assumptions that entitles the Consultant to additional
compensation or the prior written directive or approval of such services by the Owner.
4. Progress Payments: This Document is written to allow for progress payments during the
course of the Consultant's services on the project. The Document provides that the Owner will pay
the Consultant monthly for the services and the Consultant will provide lien/claim releases that
cover the periods being paid and previously paid by the Owner.
5. Insurance: This Document requires the Consultant to procure its own and insurance and
maintain such insurance during the course of the project. The amount of insurance available may
vary from year to year because the professional liability insurance is written on a claims-made
basis. It is recommended that the Owner confirm with an insurance professional that the amounts
Professional Services Agreement

Page I
775
and scopes of insurance coverage provided by the Consultant are sufficient for the size and scope
of the project.
6. Ownership of the Documents: This Document reserves the Consultant's ownership of all
documents created by the Consultant and related to the project, but provides the Owner with a non-
exclusive license to use such documents for the construction of the project so long as the Owner
pays the Consultant.
7. Dispute Resolution: This agreement contains a mediation clause which requires the parties
to participate in a non-binding mediation before initiating any lawsuit against the other party. In
the event that the parties are not able to resolve their dispute at the mediation either party may
proceed with a lawsuit in a court where the project is located.
8. Revisions: The Document terms are intended to achieve consistency throughout the
Document and the related contract with the Contractor. If revisions are made, care should be
taken that the changes do not contradict other terms in the Document.

Page 2
776
CONTRACT BETWEEN OWNER AND DESIGN CONSULTANT
FOR RESIDENTIAL PROJECT
Parties:
Owner
Consultant
Project:
Address
Tax Parcel No.
Date:
The Owner and Consultant agree as follows:
SECTION I. DESCRIPTION AND STANDARD OF SERVICES
1.1 Consultant will perform for the Project the services described in the document attached hereto as Exhibit A,
together with all other services necessary or incidental to perform services ("Services"). The Services will
include any services perfonned by Consultant on the Project prior to the date hereof.
1.2 Other than as described in Exhibit A, Consultant will not contract with or otherwise use any subconsultants,
subcontractors or other non-employee persons or entities ("Subconsultants") to perfonn the Services
without the prior written approval of Owner. Consultant will be responsible for all acts and omissions of
the Subconsultants.
1.3 Consultant warrants that it and the Subconsultants are fully licensed, registered or otherwise authorized to
perfonn the Services in the jurisdiction where the Project is located the extent applicable law requires such
licensure, registration, or authorization.
1.4 Consultant will coordinate the Services with the services of other Consultants, engineers, consultants and
contractors working on the Project.
1.5 Consultant and the Subconsultants will exercise that degree of care in perfonning the Services in
accordance with that prevailing among finns of comparable standing when perfonning similar services for
projects similar to the Project in the jurisdiction where the Project is located ("Professional Standard").
Consultant will promptly correct or re-perfonn those Services not meeting the Professional Standard
without additional compensation.
1.6 Consultant and the Subconsultants will comply with all applicable laws, statutes, codes, ordinances, rules,
regulations and lawful orders as is consistent with the Professional Standard.
1.7 During the perfonnance of this Contract, Consultant will follow any reasonable Owner policies and
procedures regarding perfonnance of services or work on the Project, and Consultant will cause all
Subconsultants to comply with these policies and procedures. However, nothing in this Section requires
Owner to develop policies and procedures or to provide policies and procedures to Consultant.

Page 3
777
1.8 Owner's review, approval, acceptance, use, or payment for all or any part of the Services hereunder will in
no way alter the Consultant's obligations or Owner's rights hereunder, and will not excuse or diminish
Consultant's responsibility for performing all Services consistent with this Contract.
1.9 If Consultant's proposal is incorporated herein, any conflicts between the proposal and this Contract will be
resolved in favor of this Contract. Any limitations of liability, waivers of damages, or disclaimers of
warranty or liability contained in Consultant's proposal will not apply to the Project or this Contract, unless
specifically listed below:
[List any warranty disclaimer or limitation of liability set forth in the proposal that the parties intend to
become part of this Agreement]
SECTION2. OWNER'S OBLIGATIONS
2.1 If requested by the Consultant, the Owner shall provide a program setting forth the Owner's design
objectives for the project, including space and site requirements.
2.2 If requested by the Consultant, the Owner shall provide surveys to describe the characteristics and legal
definitions/limitations of the project site. Consultant shall have a right to rely upon the survey information
provided by Owner. If the Owner does not provide such surveys, Consultant shall, at Owner's expense and
with prior written authorization by Owner, provide those surveys necessary to perform the Work.
2.3 If requested by Consultant, Owner shall provide the services of a geotechnical engineer to perform such
studies as may be necessary to identify subsoil conditions at the site. Consultant shall have a right to rely
upon the information provided by the geotechnical engineer. If the Owner does not provide such
geotechnical information, Consultant shall, at Owner's expense and with prior written authorization by
Owner, provide the geotechnical information necessary to perform the Work.
2.4 Owner shall timely review and provide information reasonably required by the Consultant to complete its
Services in accordance with the applicable schedule.
2.5 Owner shall provide timely written notice to Consultant if Owner becomes aware of any error, omission, or
inconsistency in Consultant's Work Product or of any fault in Consultant's Services
SECTION 3. COMPENSATION
[Payment Option I: Maximum Price]
3.1 A As full consideration for performance of the Services, Owner will pay Consultant based on the
hourly rates described in Exhibit B, up to a maximum amount payable under this Contract of
$ ("Maximum Price"). Consultant will not be entitled to compensation in excess of
such amount for any Additional Services performed on the Project without the prior written
directive or approval of such Additional Services by Owner. Consultant will not perform any
Additional Services on the Project for which the Consultant will seek compensation in excess of
the Maximum Price without notifying Owner in writing in advance that Consultant considers the
same to be Additional Services and stating the additional compensation Consultant intends to seek
for such Additional Services. Owner may direct Consultant to perform particular services which
both parties agree are additional services but as to which there is no agreement regarding the
amount of additional compensation to be paid for the additional services, in which case Consultant
will proceed to perform the services and the compensation paid for the additional services will be
determined either by a future agreement of the parties or in accordance with Section 14
[Payment Option 2: Percentage of Construction Costs)

Page 4
778
3.1 B As full consideration for performance of the Services, Owner will pay Consultant _ _ __
percent (__%) [Typically 15%] of the total cost of construction of the Project, including
contractor's overhead and profit and Washington State Sales Tax ("Compensation"). Consultant
will not be entitled to Compensation in excess of such amount for any Additional Services
performed on the Project without the prior written directive or approval of such Additional
Services by Owner. Consultant wi ll not perform any Additional Services on the Project for which
the Consultant will seek additional compensation without notifying Owner in writing in advance
that Consultant considers the same to be Additional Services and stating the additional
compensation Consultant intends to seek for such performance. Owner may direct Consultant to
perfonn particular services which both parties agree are additional services but as to which there is
no agreement regarding the amount of additional compensation to be paid for the additional
services, in which case Consultant will proceed to perform the services and the compensation paid
for the additional services will be determined either by a future agreement of the parties or in
accordance with Section 14.
Until such time as a total cost of construction has been established, Consultant will invoice based
on the hourly rates set forth in Exhibit B for services rendered. Payments received during this
period will be deducted from Consultant's total compensation and the balance will be distributed
monthly throughout the duration of the project's construction. At project closeout the final cost of
construction will be calculated and billing will be adjusted accordingly. Any outstanding balance
as determined at that time shall be paid in full within fourteen (14) days.
[Payment Option 3: Time and Material]
3.1 C Consultant' s compensation for Services shall be hourly at the rates set forth in Exhibit B.
Consultant shall also be entitled to compensation for Reimbursable Expenses as set forth and
identified in Exhibit B.
3.2 The parties select the below Payment Option for this Contract:
D 3 .1 A Payment Option 1: Maximum Price

D 3 .1 B Payment Option 2: Percentage of Construction Cost
D 3.1 C Payment Option 3: Time and Material
3.3 If applicable, payments for Reimbursable Expenses are set forth and identified in Exhibit B. Consultant
will not be entitled to reimbursement of any expenses other than those identified in Exhibit B, and
Consultant's reimbursement for reimbursable expenses will be limited to the actual cost of the
Reimbursable Expenses, up to any limitation set forth in Exhibit B unless otherwise approved in writing in
advance by Owner. Consultant shall submit evidence satisfactory to Owner of the cost of the Reimbursable
Expenses with each invoice.
3.4 Consultant will submit monthly invoices to Owner for work completed to the date of the invoice.
Payments under this Contract will be due thirty (30) days after Owner's approval of a properly completed
invoice. As a condition precedent to payment, Consultant will deliver to the Owner lien waivers and
releases signed by Consultant and each of the Subconsultants, using the forms provided in Exhibit C.
Consultant and each Subconsultant shall provide a Conditional Lien Release pending payment by Owner
for the current pay period. Consultant and all Subconsultants shall provide an Unconditional Lien Release
for the previous pay periods to the extent payment has already been made by Owner for such work.
SECTION 4. SCHEDULE
4.1 Consultant shall prepare and update a schedule for its services, and shall identify milestones dates for
decisions to be made by Owner, services provided by Consultant, and completion of documentation by
Consultant. Any changes to the schedule shall be agreed upon by Consultant and Owner in writing.

Page 5
779
Should any action by Owner or Owner's contractor or consultants, or other activity beyond the control of
the Consultant, delay the schedule, the schedule will be revised to reflect any such delay .
SECTION 5. RECORDS/OWNERSHIP AND USE OF DOCUMENTS
5.1 Consultant will maintain all accounting and financial records relating to this Contract in accordance with
generally accepted accounting principles. Consultant will grant Owner and its duly authorized
representatives access at reasonable times to all such records and all other books, documents, papers,
drawings, and writings of Consultant or the Subconsultants that refer or relate in any way to this Contract.
All such records, books, documents, papers, drawings, and writings will be retained by Consultant and kept
accessible for a minimum of six years following final payment, termination of this Contract or substantial
completion of the Project, whichever is later. Consultant will include a provision consistent with this
Section 5.1 in its contracts with the Subconsultants.
5.2 All drawings, specifications, documentation, and other work product prepared by Consultant or its
Subconsultants that result from this Contract ("Work Product"), whether in hard copy or electronic form,
are solely for use on this project. Consultant and its Subconsultants are deemed authors and owners of the
Work Product and will retain all rights to such Work Product. Provided that Owner complies with all
requirements under this Contract, including payment of all sums when due, Consultant grants to Owner a
non-exclusive license to use or reproduce the Work Product for the construction, use, and maintenance of
the project. Owner shall not assign or transfer this license without prior written consent of the author of the
Work Product. Owner may not use the Work Product for future additions or alterations to the project or on
other projects, unless Owner obtains prior written consent from the authors of the Work Product.
Unauthorized use of the Work Product by Owner will be at Owner's sole risk and without liability to
Consultant or its Subconsultants. Submission of any Work Product to permitting authorities, contractor, or
any subcontractors for the purpose of constructing the project shall not be in derogation of the Consultant's,
Subconsultants', or Owner's rights as stated in this Paragraph.
SECTION 6. INDEMNIFICATION
6.1 To the fullest extent permitted by law, Consultant will indemnify and hold harmless Owner, from, for and
against suits, actions, awards, penalties, liabilities, claims, judgments, economic and noneconomic
damages, injuries, losses and expenses, whether actual or merely alleged and whether directly incurred, of
third parties, including but not limited to attorneys' and expert witnesses' fees and related costs,
disbursements and expenses, arising out of or resulting from performance of the Services and subject to the
limitations below.
6.2 Consultant's duty to indemnify and hold Owner harmless shall not apply to claims for damages arising out
of the services performed or to be performed by Consultant, its Subconsultants, or those for whom they are
responsible, or arising out of bodily injury to persons or damage to property caused by or resulting from the
sole negligence of Owner or Owner's agents.
6.3 Consultant's duty to indemnify and hold Owner harmless for claims arising out of the services performed
or to be performed by Consultant, its Subconsultants, or those from whom they are responsible, or arising
out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence
of (a) Owner or Owner's agents, and (b) Consultant, its agents or employees, and Subconsultants, shall
apply only to the extent of negligence of Consultant, its agents or employees, and Subconsultants.
6.4 Consultant specifically and expressly waives any immunity that may be granted it under the Washington
State Industrial Insurance Act, Title 51 RCW, and all other applicable industrial insurance I workman's
compensation acts or their equivalent in the applicable jurisdiction. Further, the indemnification obligation
under this Contract shall not be limited in any way by any limitation on the amount or type of damages,
compensation, or benefits payable to or for any third party under workers' compensation acts, disability
benefits acts, or other employee benefits acts; PROVIDED Consultant's waiver of immunity by the
provisions of this paragraph extends only to indemnification claims against Consultant by Owner and does
not include, or extend to, any claims by Consultant's employees directly against Consultant.
Page 6
780
SECTION 7. INSURANCE
Consultan~ at its own expense, shall carry: ( 1) $1 million of professional liability insurance; and (b) workers'
compensation and employer's liability coverage as required by applicable state law. All policies are available
for inspection at Owner's request and shall be carried for a minimum of three years from the date Consultant
term inates its services on the Project. If Owner desires insurance coverage in addition to or for a longer
period than that specified herein, Consultant will cooperate to obtain such additional insurance, if available,
at Owner's expense.
SECTION 8. ASSIGNMENT
8.1 Neither party will not assign or transfer any of its interest in this Contract, in whole or in part, without the
prior written consent of the other party, which will not unreasonably be withheld.
8.2 The provisions of this Contract will be binding upon and will inure to the benefit of the parties hereto and
their respective successors and permitted assigns.
SECTION 9. INDEPENDENT CONTRACTOR; SAFETY
9.1 Consultant wi ll perform the Services as an independent contractor and employing unit.
9.2 Consultant agrees to immediately provide Owner notice of any claim made against Consultant by any third
party for acts or omissions related to, or that may impact the completion of, the Services.
9.4 Consultant will be responsible for the safety of its employees and those of the Subconsultants, and will take
all reasonable precautions to prevent personal injury, death and property damage resulting from the
Services and its acts and omissions and those of the Subconsultants under this Contract. Consultant,
Subconsultants, and their respective employees and agents shall comply with all safety rules established by
Owner and/or Contractor.
SECTION 10. TERMINATION OF CONTRACT; SUSPENSION OF SERVICES
JO.I Owner may terminate all or any portion of this Contract in whole or in part at any time for its convenience
or for cause. For cause termination must be based on a material breach of the Contract by Consu ltant. For
a termination for convenience, the termination will be effective upon five (5) business days after
Consultant's receipt of Owner's written notice. For a termination for cause, the termination will be
effective ten (I 0) days after Consultant's receipt of Owner's written notice specifying the mate rial breach
and Consultant' s failure during that period to cure the default. In the event of a term ination for
convenience, Consultant will be paid within thirty (30) days of termination for Services actually rendered
through the date of termination, including any costs related to termination, minus any damages,
backcharges or claims incurred or anticipated by Owner caused by Consultant. In the event of termination
for cause, Consultant will be paid for Services satisfactorily rendered within thirty (30) days after Owner's
damages, backcharges or claims caused by Consultant have been finally accounted and settled. If
compensation under this Contract is on a lump sum basis, payment upon termination for convenience or for
cause wi ll be prorated based on percentage completion of the Services as of the date of the written notice of
term ination and payment fo r any reimbursable costs. l f compensation under this Contract is on a
percentage of construction costs basis, payment upon termination for convenience or for cause will be
based upon services provided at the hourly rates set forth in Exhibit B, including payment for any
reimbursable costs. In no event will Consultant be entitled to payment for anticipated profit or overhead on
Services not performed.
I0.2 Consultant may terminate this Contract for cause based upon a material breach of Owner so long as
Consultant gives written notice to Owner specifying the material breach and provides Owner with ten ( 10)
days to cure the default. Consultant may also terminate this Contract if Consultant's Services are
suspended for a period of time in the aggregate in excess of s ix (6) months.
Professional Serv ices Agreement
Page 7
781
10.3 In any circumstance in which Owner or Consultant is entitled under th is Section to terminate this Contract,
that party may instead suspend the performance of the Services upon written notice to the other party. In
the event of such suspension, Owner will pay Consultant for Services performed prior to the suspension.
Notwithstanding the above, in the case of a suspension for cause, Owner may delay the payment and adjust
the amount of any such payment based on the cost of replacement performance and other damages incurred
by Owner. Upon resumption of the Services following a suspension hereunder, the amount of
compensation to be paid to Consultant and the period of time for performance of the Services will be
equitably adjusted. Nothing in this Section l 0.3 w ill remove or reduce Consultant's liab ility for damages
resulting from its performance failures, if any, prior to any suspension of the Services under this Section.
Either party's exercise of its right to suspend perfonnance of the Services under th is Section I 0.3 will be
without effect on its rights, if any, to tenninate this Contract under Sections I 0. 1 or I 0.2.
10.4 The rights and remedies of the parties provided in this Section 10 are not exclusive and are in add ition to
any other rights and remedies provided by Jaw or under this Contract. All rights and remedies the parties
wi ll be cumulative and may be exercised successively or concurrently.
SECTION 11. FORCE MAJEURE
Neither Owner nor Consultant will be held responsible fo r delay or default to the extent caused by fire, riot,
an Act of God, war, terrorist attack or other cause beyond Owner's or Consultant's reasonable control.
Both parties will, however, make all reasonable efforts to mitigate such a cause of delay or default and will,
upon the cessation of the cause, diligently pursue performance of its obligations under this Contract.
SECTION 12. HAZARDOUS MATERIAL AND OTHER SPECIAL CONDITIONS OR

CIRCUMSTANCES
lf Consultant or a Subconsultant is performing the Services on the Project site and becomes aware of an
actual or suspected condition or circumstance at the Project site that (1) may harm property or persons
(such as hazardous materials released on the Project site) or (2) could be harmed by activities at the Project
site (such as an archaeo logical site or wetlands located on the Project site), then Consultant w ill
immediately cease its activities and those of the Subconsultants in that v icinity of the Project site, w ill
immediately notify Owner by the most expeditious means with prompt written confirmation, and will not
resume its activities or those of the Subconsultants in that vicinity until directed by Owner to do so.
SECTION 12. PROJECT ACCESS
Consultant and the Subconsultants wi ll have reasonable access to the Project, but only with the prior
approval of Owner.
SECTION 13. PUBLICITY
With Owner's prior written approval, which shall not be unreasonably withheld, Consultant is authorized
to, describe the project and/or publish images of the project in Consultant's literature and marketing
materials. Consultant is further authorized to submit the project for awards and recogn ition. Owner shall
provide Consultant with reasonable access to the Project site for this purpose.
SECTION 14. MEDIATION, DISPUTES, LIENS, AND LIMITATION PERIODS
14.1 Mediation. The parties agree to attempt to resolve any dispute through good faith negotiation as a
condition precedent to commencing litigation, except where commencing litigation is necessary to preserve
lien or other similar rights. If negotiation is not successful, then, before beginning any legal proceeding,
other than to enforce this Section, the parties agree to engage in non-binding mediation conducted by a
mediator selected by them and in accordance with the Wash ington State version o f the Uniform Mediation
Act. Either party may give written notice to the other party requesting mediation, and the parties agree to
use their best efforts to conduct the mediation within sixty (60) days of the notice. The parties w ill share
th e cost o f mediation equally. Notw ithstanding anyth ing herein, if either party believes that its right to
Page 8
782
commence a legal action may be impaired by the running of a statute of limitations, that party may
commence a legal action but shall stay that action pending the resolution of the mediation. Nothing in this
Agreement shall in any way suspend, toll or otherwise affect any statute of limitations period applicable to
claims filed by either party.
14.2 Forum. The forum for resolving any and all claims, disputes or other matters in question arising out of or
relating to this Contract, whether by mediation, arbitration or litigation, will be commenced and prosecuted
in the County where the Project is located. Consultant will include a provision similar to this Section 14.2
in each of its contracts with the Subconsultants.
14.3 Removal of Subconsultant Liens. Within ten (I 0) days after Owner's demand, Consultant at its expense
will remove from the Project and Project site any mechanics' or design professionals' lien filed by a
Subconsultant of Consultant or any other person or entity claiming an amount due for labor, services,
materials or equipment furnished for the Project. Consultant will remove such lien by payment, settlement
or lien release bond pursuant to applicable law. If Consultant fails or refuses to perform its obligations
under this Section 14.3, Owner may do so at Consultant's expense. Consultant shall indemnify, defend and
hold Owner harmless from all costs and expenses arising out of or relating to such lien claims. This
Section 14.3 will not apply to the extent a lien claim was filed due to Owner's failure to pay amounts due
under this Contract.
SECTION 15. WAIVER
The failure of either party to enforce any provision of this Contract will not constitute a waiver by that
party of that or any other provision of this Contract.
SECTION 16. NOTICES
Any notice or other communication regarding this Contract will be served in one of the following manners:
(1) personal delivery, (2) facsimile transmission or (3) delivery by courier or messenger service that
maintains records of its deliveries.
SECTION 17. GOVERNING LAW
The laws of the state in which Project is located will govern this Contract.
SECTION 18. SEVERABILITY
Owner and Consultant agree that if any term or provision of this Contract is determined to be illegal, in
conflict with any law, void or otherwise unenforceable, and ifthe essential terms and provisions of this
Contract remain unaffected, then the validity of the remaining terms and provisions will not be affected and
the offending provision will be given the fullest meaning and effect allowed by law.
SECTION 19. SURVIVAL
All rights and obligations set out in this Contract and arising hereunder will survive the termination of this
Contract (i) as to the parties' rights and obligations that arose prior to such termination and (ii) as is
necessary to give effect to rights and obligations that arise after such termination but derive from a breach
or performance failure that occurred prior to the termination.
SECTION 20. ADDITIONAL TERMS
20.1 Notwithstanding any other provision contained within this Agreement, nothing shall be construed so as to
void, vitiate or adversely affect any insurance coverages held by either party to this Agreement.
20.2 Optional: Limitation of Liability. Consultant's liability hereunder, whether in tort or in contract, for any
cause of action, inclusive of legal costs, shall be limited as follows:

Page 9
783
(a) for insured liabilities arising out of Consultant's negligence, to the amount of insurance then available to
fund any settlement, award or verdict;
(b) for uninsured liabilities, to the total amount of Consultant's compensation actually paid by Owner to
Consultant under this Contract.
If Owner desires a higher limitation, Consultant may agree, at Owner's request, to increase the limitation of
liability amount to a greater sum in exchange for a negotiated increase in Consultant's compensation. Any
additional charge for a higher limit is consideration for the greater risk assumed by Consultant and is not a
charge for additional professional liability insurance. Any agreement to increase the limitation of liability
amount must be made in writing and signed by both parties in advance of the provision of services under
this Agreement.
Notwithstanding the above, the limitations set forth in Section 20.2(a) shall not apply if proceeds under a
given policy are not available and/or coverage under a given policy, where coverage otherwise would have
existed, is denied because: the Consultant (a) failed to timely pay insurance premiums; (b) failed to timely
provide required notices to any carrier; (c) failed to procure the coverage set forth in this Agreement; or
(d) failed to take any other action within the Consultant's control that is necessary to maintain the coverage
required under this Agreement. In the event a liability is not covered due to Consultant's failure to act as
set forth above, Consultant's total liability, whether in tort or contract, shall be limited to the amount of
coverage that would have been available but for Consultant's action(s) or failure(s) to take action.
By entering into this Agreement, Owner acknowledges that this limitation of liability clause has been
reviewed, understood and is a material part of this Agreement, and that Owner has had an opportunity to
seek legal advice regarding this provision.
The above limitation of liability shall only apply if signed by both Owner and Consultant:
Consultant: _ _ _ __ _ __ __ _ __
20.3 Optional: Attorneys' Fees and Expenses. In any litigation or arbitration instituted to enforce any of the
terms or conditions of this Agreement, the Prevailing Party shall be entitled to receive, as part of any award
or judgment, in addition to costs and disbursements allowed by statutes, its reasonable attorneys' fees and
costs incurred in handling the dispute. For these purposes, the "Prevailing Party" shall be the party who
obtains a litigation or arbitration result more favorable to it than its last formal written offer (made at least
twenty calendar days prior to the formal trial or hearing) to settle such litigation or arbitration.
The above optional attorneys' fees provision shall only apply if signed by both Owner and Consultant:
Owner:
- -- - - - - - - - - - - -
Consultant:
- - - - - - -- - - - --
SECTION 21. ENTIRE CONTRACT
This Contract constitutes the entire, legally-binding contract between the parties regarding its subject
matter. In entering into this Agreement, neither party has relied upon any statement, estimate, forecast,
projection, representation, warranty, action or agreement of the other party except for those expressly
contained in this Agreement. No waiver, consent, modification or change of terms of this Contract will
bind either party unless in writing and signed by both parties. Such waiver, consent, modification or
change, if made, will be effective only in the specific instance and for the specific purpose given. This
Contract supersedes any and all prior or contemporaneous understandings, agreements, or representations,
whether oral or written, not specified herein. No documents referenced, referred to, or incorporated into

Page 10
784
any exhibit to this Contract are incorporated into this Contract unless specifically referenced in this
Contract and included herein. This Contract takes precedence over and replaces any terms and conditions
contained in any document included as an exhibit to this Contract.
SECTION 22. SIGNATURES
This Contract may be executed in several counterparts, each of which will be an original, all of which wi ll
constitute one and the same instrument. A facsimile, PDF or other electronic signature will be considered
an original. The individuals signing this Contract certify that they are authorized to execute this Contract on
behalf of Consultant and Owner, respectively.
SECTION 23. EXHIBITS
The following documents are incorporated into and made a part of this Contract:
Exhibit A - Scope of Work

Exhibit B - Hourly Rates/ Reimbursable Expenses
Exhibit C - Waivers and Releases
CONSULTANT:
Signature: Name:
Title: Date:
Contact Person: Office Phone:
Address: Office Fax:
Tax ID Number:
OWNER:
Signature: Name:
Title: Date:
Contact Person: Office Phone:
Address: Office Fax:

Page 11
785
EXHIBIT A
SCOPE OF WORK
The Services are described in the following documents submitted by Consultant to Owner, copies of which are
attached to this Exhibit A:
EXHIBIT A
Page 1of1
786
EXHIBIT B
HOURLY RATES/REIMBURSABLE EXPENSES
EXHIBIT B
Page 1of1
787
EXHIBIT C-1
CONDITIONAL WAIVER AND RELEASE

UPON PROGRESS PAYMENT
The undersigned has been paid and has received a progress payment in the sum of$_ _ _ _ _ _ __
for labor, services, equipment, or material furnished to _ __ __ __ _ _ _ _ __ _ on the job of

(Maker of Check)
------------~
located at - -- - - - - - - - - - - , - - - - - - - - --
(0 w ner) (Job Description)
and when the check has been properly endorsed and has been paid by the bank upon which it is drawn,
the undersigned does hereby release any mechanic's lien, stop notice, or bond right that the undersigned
has on the above referenced job to the following extent. This release covers a progress payment for labor,
services, equipment, or materials furnished to _ _ __ _ _ _ _ _ _ _ _ through _ _ _ _ __
only and does not cover any retentions retained before or after the release date; extras furnished before the
release date for which payment has not been received; or extras or items furnished after the release date.
Rights based upon work performed or items furnished under a written change order which has been fully
executed by the pa1ties prior to the release date are covered by this release unless specifically reserved by
the claimant in this release. This release of any mechanic's lien, stop notice, or bond right sha ll not
otherwise affect the contract rights, including rights between parties to the contract based upon a
rescission, abandonment, or breach of the contract, or the right of the undersigned to recover
compensation for furn ished labor, services, equipment, or material covered by this release if that
furnished labor, services, equipment, or material was not compensated by the progress payment.
Dated: - -- -- --
(Design Consultant)
By_ __ _ _ _ _ __ __ __ _ _
_ _ _ _ __ _ _ _ (Print Name)
_ _ _ _ __ __ _ (Title)
EXHIBIT C
Page 1 of2
788
EXHIBIT C-2
CONDITIONAL W AIYER AND RELEASE UPON

FINAL PAYMENT
Upon receipt by the undersigned of a check from - -- - - - - -- - -- -- - in the

(Maker of Check)
sum of$_ _ __ _ _ _ payable to - - - - - - - -- - - - -- -- and when the check

(Payee)
has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall
become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job
of _ _ _ _ __ _ _ _ _ _ _ _ _ located at _ __ _ __ __ _ __ __ _ _ _ __
(Owner) (Job Description & Address)
This release covers the final payment to undersigned for all labor, services, equipment, or material
furnished on the job. Before any recipient of th is document relies on it, the party should verify evidence
of payment to the undersigned.
Dated: - - - - -- -
(Design Consultant)
By_ __ _ __ _ _ __ _ __ __ _
- -- - - -- - - ( Print Name)
- - - -- - - - - (Title)
EXHIBIT C
Page 2 of2
789
WSBA
Jean K. McElroy direct line: 206-727-8277

General Counsel/Chief Rq,>'Ulatory Counsel fa.x: 206-727-8313
e-mail: jcanm@wsba.org
To : The President, President-Elect, Immediate Past President, and Board of Governors

From : Jean K. McElroy, General Counsel/Chief Regulatory Counsel
Re: Civil Rights Law Section Bylaws Amendments (Consent)
Consent: Approve proposed amendments to the Civil Rights Law Section bylaws.
DISCUSSION: After following the required procedures for such action, the Civil Rights Law
Section Executive Committee voted to amend the Section bylaws to update them since the
Section ha s been operational for some tim e now; to reflect changes in WSBA communication
and election methods for sections in general ; and to specifically recognize the relationship of
the Section to the WSBA. The Bylaw amendments also add a Yo ung Lawyer Liaison as a votin g
member of the Executive Committee.
The Executive Committee has sub mitted a red line version of the Civil Rights Law Section Bylaws
showing the proposed amendments; a clean version has also been prepared. The two versions
of the Section Bylaws are attached.
I have reviewed these proposed amendments and they appear consistent with current WSBA
policies. The Section Executive Committee is aware of the fact that the BOG is considering
amendments to WSBA Bylaws related to Sections.
ATTACHMENTS:
1. Memo from Civil Rights Law Section Chair re : proposed amendments

2. Redline version of Civil Rights Law Section Bylaws showing proposed amendments
3. Clean version of Civil Rights Law Section Bylaws, after amendment
790
Civil Rights Law Section
July 7, 2016
To: Julianne Unite, Sections Program Lead

From : Alec Stephens, Civil Rights Law Section Chair
Subject: Transmittal of Civil Rights Law Section By-Law Amendments for BOG Approval
Attached, please find a copy of the By-Laws Amendments that have been approved by the Executive Committee of the
Civil Rights Law Section. Th e attached By-Laws are in "tracked changes" format for ease in reading the proposed
changes that the Executive Committee wishes to make.
The Amendments were made in coordination w ith you regarding general updates that were advised regarding express
recognition that the By-Laws are subject to WSBA By-Laws and policies and court rules applicable to WSBA; and the
elimination of " proxy voting". In addition, the following amendments are summarized as follows:
l. Article 2.1, General Provisions: By-Laws Limitations, making them subject to WSBA By-Laws and policies as
discussed.
2. Articles 4.4 & 4.5, Meetings of the Membership: Deleting all references to, and procedures for, proxy voting.
3. Articles 5.2 &5.3, Executive Committee: Deleting provisions for the "Initial Executive Committee" and the " Initial
Election". Rationale: Historical information for the formation of the Section leadership and elections not now
applicable.
4. Article 5.2, Sections A & B, Executive Committee: Adding Section A & B. Section A provides for Elected
Members ofthe Executive Committee, and Section B provides for the Young Lawyer Liaison Position on the
Executive Committee and a process for the appointment and Executive Committee concurrence of the Young
Lawyer Liaison on the Executive Committee. The Young Lawyer Liaison wou ld be a voting member on the
Executive Committee. Rationale: To recognize the Young Lawyer Liaison as a member of the Executive
Committee with voice and vote.
5. Article 5, Executive Committee: Technical Re-numbering of all subsequent sections.
6. Article 5.7, Executive Committee, Quorum : Allows for written or electronic comm unication to establish a
quorum in addition to in person or via telephone, and allow for written or electronic communication in addition
to in person or via telephone for Executive Committee members to vote on action items. Rationale: Allows for
written or electronic polling of members to obtain votes needed for action items.
7. Articl e 7 .4, Election of Officers: Allows for election of officers by w ritten or electronic communication in
addition to in person voting. Deletes proxy voting. Rationale: Allows for voting processes for election of officers
in addition to in-person voting, and deletes proxy voting.
8. Article 7.6, Election of Officers, Nominating Committee: Provides for a Nominating Committee appointed by the
Executive Committee, inst ead of the Immediate Past Chair appointing, w ith the specific duty of the committee
791
to recruit and recommend candidates for officers and trustees. Eliminates specific composition of the
Nominating Committee. Allows flexibi lity regarding the report of the Nominating Committee: "The report 5RaU
should contain at least one nomination fo r each position ... " Rationale: Make the Nominating Committee
process more flexible and specify the duties of the Nominating Committee.
9. Article 7.8, Election of Officers: Deletes "ma iling" notice of nominees for candidates, and replaces that notice
sha ll be " provid ed" by the Nominating Committee to the voting members of the Section. Also requires that the
notice include and invitation for further nominations by Section members. Rationale: Allows for any form of
communication used to provide notice to the members, and invites members to add names for consideration of
officer and trustee candidates.
10. Article 7.9 & 7.10, Election of Officers: In addition to Nominating Comm ittee nominees, allows for self-
nominations, and if others nominate, the nominee shall indicate a willingness t o serve if elected. Rationale:
Ensures an open process for nominees in addition to the candidates placed in nomination by the Nominating
Committee.
11. Article 8.1 & 8.4, Election of Trustees: Revisio ns made for consistency wit h elections processes outline d with
Article 7, Election of Officers. Rationale: Consistency with provisions in Article 7.
12. Article 10.1, Amendments: Revisions to expressly allow for voting on amendments by written or electronic
comm unication in addition to in person or by telephone, and removal of references to voting by proxy.
Rationale: Allows for written or electronic polling of members to obtain votes needed for By-Laws amendments.
These amendments were approved by the Executive Committee in compliance with the By-Laws.
Please do not hesitate to co ntact me by e-ma il or telephone if there are questions regarding these proposed By Law
Amendments at: Alecstephensjr@gmail.com or 206-941-5690
792
CIVIL RIGHTS LAW SECTION

BYLAWS
ARTICLE 1. MISSION
The mission of the Civil Rights Law Section of the Washington State Bar Association
(hereinafter referred to as "Section") shall be to educate and advocate for civil liberties
and equal rights in the context of civil rights law and the legal issues of Washington State
residents, with particular focus on those who have traditionally been denied such rights
and equal heatment under the law including, but not limited to, racial, ethnic, or religious
minorities; elderly; gay, lesbian, bisexual or transgendered; iimnigrants; mentally or
physically disabled; impoverished; and homeless.
ARTICLE 2. GENERAL PROVISIONS
2.1 Establishment and Limitations. The Section is hereby established pursuant to

Article XI, Sections, of the Bylaws of the Washington State Bar Association
(hereinafter referred to as the "Bar"). These Bylaws are subject to WSBA Bylaws
and po licies, and to court rules that apply to the WSBA.
2.2 Purpose. The Section will be concerned with all aspects of law and policy related
to the improvement of the legal practice in the substantive area of civil rights law,
which includes, but is not limited to violations of rights provided under the
constitutions of United States and Washington state, under federal and state
statutes, local laws and regulations; criminal harassment, hate crimes; and
immigration matters. The Section will provide continuing legal education on civil
rights law to its voting and non-voting members and all interested persons. The
Section will provide a network for communications with the civil rights
organizations throughout the State. The Section will submit, to the Board of
Governors or other appropriate Bar entity, recommendations concerning proposed
legislation or court rules that impact legal practice in the area of civil rights.
2.3 Principal Office. The principal office of the Section shall be maintained in the
office of the Bar.
2.4 Fiscal Year. The fiscal year of the Section shall coincide with the fiscal year of
the Bar.
1
793
ARTICLE 3. MEMBERSHIP
3. 1 Voting Members. Any active member in good standing of the Washington State
Bar Association, or any lawyer specially admitted to the Bar for educational
purposes (APR 8(d)); as an Emeritus member (APR 8(e)); as a Foreign House
Counsel (APR 8(f)), as a Military Lawyer (APR 8(g); or authorized to practice as
House Counsel pursuant to RPC 5.5(d); may be enrolled as a voting member of
the Section upon request and payment of annual Section dues.
3.2 Nonvoting Members. Any other interested person may become a non-voting,
associate member of the Section and serve as a non-voting, associate member of
Section committees and sub-committees upon payment of annual Section dues.
The Section will welcome advocates from all interested disciplines. Law Students
may be nonvoting Section members at a standard annual dues fee set by the Board
of Governors of the Bar.
3.3 Dues. Dues shall be paid annually in an amount to be established by the

Executive Committee, which is described in these Bylaws, Article 5, Executive
Committee, and approved by the Board of Governors of the Bar. Any person who
fails to pay the annual dues shall cease to be a member of the Section. Changes in
dues shall be effective for the fiscal year immediately following such
detennination.
ARTICLE 4. MEETINGS OF THE MEMBERSHIP
4.1 Annual Meetings of the Membership. The Annual Meeting of the Section shall
be held at a time and location detennined by the Executive Committee.
4.2 Special meetings may be held at a time and place designated by the Chairperson
or a majority of the Executive Committee. The membership shall be notified of
the date and location of a special meeting no less than thirty (30) days prior to the
meeting.
4.3 Notice of the Annual Meeting and any Special Meetings shall be published in the
Section newsletter and/or transmitted by mail or electronic mail to all members of
the Section at least thirty (30) days prior to the meeting.
4.4 Approval of any business brought before the membership at any annual or special
meeting of the Section shall be made by a majority vote of the members present in
person, present telephonically, present by proxy, or who have submitted ballots by
mail or electronic mail prior to the meeting date.
I 4.5 Members may cast their vote by proxy, by mail, or by electronic mail, or may
appear telephonically with written notice to the Secretary of the Section.
Members may request a written ballot from the Secretary of the Section no less
2
794
than five (5) days prior to the meeting at which a vote is to be taken. To vote by
proxy, a member must send written notice to the Secretary of the Section
designating another specific voting member of the Section to cast the proxy vote.
The written notice may be transmitted via electronic messaging, including email.
Notice must be sent to the Secretary at least five (5) days prior to the meeting at
which a vote is to be taken.
ARTICLE 5. EXECUTIVE COMMITTEE
5.1 Scope. The Section Executive Committee shall supervise and control the affairs
of the Section subject to these Bylaws and the Bar's bylaws. The Executive
Conunittee shall be vested with the powers and duties necessary for the
administration of the affairs of the Section including, without limitation, the
power and duty to act on behalf of the Section in c01mection with the activities
listed in 2.2. The Section Executive Committee shall have sole authority to
approve the content and publishing of the Section newsletter and/or website, and
the adoption of the budget and approval of expenditures, and shall perfonn duties
assigned to it by the Board of Governors of the Bar.
5. l Interim Kt.:eeutive Committee. Upon approval of the Civil Rights Committee of

the Washington State Bar Association, there 'Nill be an interim fatecutive
Committee for the Civil Rights Lav.. Section, appointed by the Board of
Governors comprising the Chair, Vice Chair, Secretary and Treasurer \Vho 'n'ill
serve until the ini tial election of the Executive Committee.
5.1 Initial Eleetion. Upon approval of the C ivil Rights Law Section by the Board of
Governors and the 'Nashington State Bar Association, an election of the initial
(first year) officers of the Section shall take place by mail. A list of all cutTent
members of the Section sha ll be provided to all members. The members shall be
invited to nmninate the initial officers of the Section. (These shall include the
Chair, Chair Elect, Secretary and Treasu rer.) The list of nominees .viii be
provided to all members, and the members sha ll then be provided an opportunity
to vote for the ini tial officers by mail. Those persons receiving the most votes for
each position shall be elected as the initial officers of the Section.
I 5.2 A. Elected Members of the Section Executive Committee. The members of the
Section Executive Committee will be elected from the voting Section membership
to fill the following positions:
Chair
Chair-Elect
Immediate Past Chair
Secretary
Treasurer
Up to five (5) Trustees
B. Young Lawyer Liaison. Upon the concu1Tence of a ma jority of the elected
3
795
members of the Executive Committee, a Young Lawver Liaison may be appointed
by the WSBA Young Lawyers Committee to serve on the Sectio n Executi ve
Committee. The Young Lawyer Liaison to the Section Executive Committee
shall have a voice and vote on all matters that come before the Section Executi ve
Committee, and shall be a fu ll member for purposes of establishing a quorum of
the Section Executi ve Comm ittee.
5.3 Term for Officers. The tenn of each position of Chair, Chair-Elect, Immediate
Past Chair, Secretary, and Treasurer of the Section Executive Committee shall
begin on October 1 following the election at the annual meeting or appointment
and shall end on September 30 of the following year.
5.4 Term for Trustees. The tenns of the Trustees will be for three years and shall be
staggered as evenly as possible. Only voting members may serve on the Section
Executive Committee.
5.5 Regular Meetings. The Section Executive Committee shall meet at least every
two months, a minimum of six times per year.
5.6 Special Meetings. The Chair may, and upon the request of three members of the
Executive Committee, shall, call meetings of the Executive Committee. Special
meetings of the Executive Committee may be called to amend these Bylaws upon
ten (10) days written notice of such meeting mailed to the members thereof, said
notice to specify the purpose of such special meeting and the proposed
amendment, as set forth in Article 10 hereof. Written notice of such meeting may
be waived by one-hundred percent of those entitled to notice, by written waiver
thereof. All other meetings shall be as set by the Chair of the Section.
5.7 Quorum. A maj ority of the Section Executive Committee shall constitute a
quorum, and may be present in person, by telephone or by w1itten or electronic
communicationor by written proxy. Action of the Executive Committee shall be
determined by majority vote of the members of the Executive Committee
presenting their votes in person, by telephone, by internet conferencing, or by
written or electronic comm unicationor by wri tten proxy. All action must be
approved by a majority of the Section Executive Committee.
5.8 General Section Member Voting. The Section Executive Committee may direct
that a matter be submitted to the members of the Section by a mail or electronic
vote or b y a vote at the Section Annual Business Meeting; in any such event,
binding action of the Section shall be by majority of those voting.
5.9 Committees and Sub-Committees. The Section Executive Committee shall have
the authority to detennine the number and type of Section committees and Section
sub-committees and shall appoint Chairs for all committees and sub-cofornittees.
All members of the Section may serve on any committee or subcommittee at the
discretion of the Section Executive Committee.
4 796
5.10 Compensation. No salary or compensation for services shall be paid to any
member of the Section Executive Committee or member of any committee with
the exception of the Editor and other staff of the Section newsletter (if applicable).
Reimbursement may be allowed for travel and other out-of-pocket expenses for
members of the Section Executive Committee and members of all Section
standing and special committees, pursuant to the WSBA expense reimbursement
policy.
5.11 Absences. Three consecutive unexcused absences will subject a member or

officer to removal from the Executive Committee by a majority vote of the
Section Executive Committee.
5 .12 Section Annual Meeting. The annual meeting of the Section Executive
Committee shall be held in conjunction with the annual meeting of the Section.
Special meetings may be held at the time and place designated by the Chair or a
majority of the Section Executive Co1mnittee.
5 .13 Rights of Section Members. The membership of the Section shall have the right
to rescind or modify any action or decision by the Section Executive Committee,
except for filling a vacancy in the position of Officer or Executive Committee
member, and also may instruct the Section Executive C01mnittee as to future
action. The Section Executive Committee shall be bound by any such action of
the membership. The right of the membership to direct, modify, or rescind an act
of the Section Executive Committee shall not include the power to invalidate
contracts or payments previously made under direction of the Section Executive
Co1mnittee. Any vote to direct, modify, or rescind an action of the Section
Executive Committee must be taken at a meeting at which two-thirds of members
voting approve the Motion.
ARTICLE 6. COMMITTEES AND SUBCOMMITTEES
6.1 Purpose. The purpose of the Committees shall be to further the interests of the
Section within their particular areas of expertise, in coordination with the Section
Chair and subject to control of the Executive Committee.
6.2 Standing Committees. The Section Executive Committee may establish as many
standing committees as deemed necessary and m ay set the names, functions, and
duration of such committees. The Section Chair, with the approval of the Section
Executive Committee, shall appoint the Committee Director and members of all
standing committees.
6.3 Special Committees. In addition to the standing committees provided above, the
Executive Co1mnittee may appoint as many special committees for particular
purposes as deemed appropriate; and may set the names, functions, and duration
of such committees, including membership. The Section Chair, with the approval
5 797
of the Section Executive Committee, shall approve the appointment of the
Committee Director and members of all special committees.
6.4 Subcommittees and Task Forces. Subcommittees and task forces, as constituted
from time-to-time by the Executive Committee, shall be filled by appointment of
the Section Chair with the consent of the Executive Committee.
ARTICLE 7. ELECTION OF OFFICERS
7.1 No member may serve as an Officer on the Section Executive Committee for
more than four (4) consecutive years.
7 .2 To the extent possible, no more than one person from the same law firm, company
or department of a public agency may serve on the Executive Committee at the
same time.
7.3 No officer shall serve more than two successive terms in the same office.
7.4 The Chair-Elect, Secretary, and Treasurer shall be elected every year at the
Annual Meeting by majority vote of the membership present in person, Q1...Qy
written or electronic communicationor by '>Vritten proxy, or who have submitted a
write-in ballot prior to the meeting.
7 .5 The term of office for all officers of the Executive Committee shall commence on
October 1 following the election at the annual meeting or appointment and shall
end on September 30 of the following year.
7.6 Nominating Committee. At least ninety (90) days prior to an Annual Business
Meeting during an election year, the Immediate Past ChairExecutive Comm ittee
shall appoint a nominating committee for a-the specific purpose and specific
tf.m.eof recruiting and recommending candidates fo r Secti on Officers and Trustees.
The nominating comm ittee shall cons ist of not less than three members of the
Section and no more than two thirds of '>vhom may be on the fatecu ti ve
Committee. The nominating committee shall make and issue a report (the report)
to the Chair at least sixty (60) days ptior to the Section Annual Business Meeting
at which an election shall be held. The report sftatl-shou ld contain at least one
nomination for each position to be filled by election.
7.7 The nominating committee shall use reasonable efforts to ensure that the members
nominated reflect the diversity of the Section membership taking into account all
relevant factors, including without limitation, practice area, office location, age,
gender and ethnic origin.
7.8 The nominating committee may nominate more than one candidate for each
position. Written notice containing the names of nominees selected by the
nominating committee_-shall be mai led provided to voting members of the Section
6
798
or published in the Section newsletter no later than thirty (30) days prior to the
Annual Meeting. The notice shall include an invitation for further nominations
from members of the Section.
7.9 The notice shall include the names of persons nominated, the positions to which
they have been nominated, and a statem ent that members of the Section may
nominate or self-nominate persons to serve in any of these elected officer
positions by wlitten nomination to the nominating committee received no later
than fifteen (15) days prior to the Annual Meeting <luting which the election is to
be held.
7 .10 To be accepted, nominations from members must include the name of the person
nominated, the position for which he or she is nominated, and shall cor.tain the
v1ritten endorsement of two members of the ection, along with if not a self-
nomination. written acknowledgement by the nominee of his or her willingness to
serve.
7.11 If the nominating committee has nominated only one candidate for a particular
position, and if the nominating committee receives no additional nominations for
that position by as provided above, the person nominated by the nominating
committee shall be deemed elected.
7 .12 In a contested election, the candidate receiving the highest number of votes shall
be elected. Results of the Section Elections shall be certified to the WSBA no
later than ten (10) days following the election.
7.13 An Officer position on the Executive Committee may be, at the option of a
majority of the Executive Committee, deemed vacant and the Officer relieved of
all officer responsibilities if that member:
a. Fails to attend three (3) consecutive meetings, in the absence of an

excuse approved by the Chair prior to the meeting; or
b. Fails to attend four ( 4) consecutive meetings, even if excused.
7.14 Except for the office of Chair-Elect, a majority of the Section Executive
Committee shall fill by appointment, for the unexpired po1iion of any term, any
position that becomes vacant for any reason.
7 .15 Any Officer appointed to fill an unexpired term shall serve the unexpired period.
Such members shall then be eligible at the next annual election for election for a
full term, unless the member's election to the new tenn will result in a violation of
Sections 7 .1, 7 .2 and/or 7 .3 of this Article.
ARTICLE 8. ELECTION OF TRUSTEES
7
799
8. 1 Except as provided in 8.6, Trustees shall be elected at the Annual Meeting for
tenns of three years. Tenns of all Trustees will begin at the close of the Annual
Meeting at which they are elected and will end at the close of the Annual Meeting
three years hence when their successor has been elected and qualified. In add ition
to the provisions of this Article, the Nominating Committee in Article 7, may also
seek candidates to fill Trustee positions for whole or paiiial terms as a part of the
Am1ual Meeting election process for Officers. In addition, the ob jectives of
di versity shall be a consideration for Trustees as provided in Atiicle 7.7.
8.2 The Chair of the Section shall solicit nominations for Trustees from the
membership prior to or during the Annual Meeting. All nominees for Trustees
must be cun-ent, voting members of the Section. Nominations may be made or
seconded by any voting member of the Section, in person, by proxy, or by written
or electronic communication.
8.3 Nominees for Trustee shall be given the opportunity to address the membership
during the Annual Meeting, prior to the election of the Trustees.
8.4 Trustees shall be elected by a majority vote of the membership present at the
Annual Meeting in person, by telephone, or by written or electronic
communicationor by v1ritten proxy.
8.5 The Trustees who shall be elected by a vote of the Section at the first Annual
Meeting shall be elected in groups designated as A and B. The A group (two
Trustees) will hold office for three years; the B group (three Trustees) will hold
office for two years. Elections for the Trustees' successors shall subsequently all
be for three-year terms.
8.6 The vacancy of any Trustee position shall be filled by a majority vote of all
members of the Executive Co1mnittee for the unexpired portion of the term.
ARTICLE 9. PUBLICATIONS, AN MATERIALS and WEBSITE
9.1 Newsletter. There shall be published and furnished to members of the Section,
and to such other persons or organizations as the Executive Committee may
determine, an electronic newsletter published at such intervals as the Executive
Committee shall determine.
9 .2 Other Publications. The Section may publish a series of programs and/or other
written or A/V material to further the objectives of the Section.
9.3 Publication Editor. The Chair shall appoint annually an editor of the newsletter
and website who shall be an ex-officio member of the Executive Co1mnittee
during his or her tenure as editor.
8 800
9.4. Website. The Executive Committee may create, maintain and furnish one or more
websites to the members of the Section.
ARTICLE 10. AMENDMENTS
10.1 Amendments. These bylaws may be amended by either of the following means:
(1) at any Annual Meeting of the Section by a maj01ity vote of the members of the
Section present in person, by telephone, or by written or electronic
conrn1unicationor by written prOJ(y; and (2) at any regular or special meeting of
the Executive Committee of the Section called for the purpose of amending the
bylaws upon at least twenty (20) days written notice to the members thereof, by a
majority vote of all members of the Executive Committee. \Vritten proxy may
occur electronically, via email. No amendment of these bylaws will be effective
until approved by the Board of Governors of the Washington State Bar
Association.
As last amended and approved by the WSBA Board of Governors on September 23,
2010.
9
801
CIVIL RIGHTS LAW SECTION

BYLAWS
ARTICLE 1. MISSION
The mission of the Civil Rights Law Section of the Washington State Bar Association
(hereinafter referred to as "Section") shall be to educate and advocate for civil liberties
and equal rights in the context of civil rights law and the legal issues of Washington State
residents, with particular focus on those who have traditionally been denied such rights
and equal treatment under the law including, but not limited to, racial, ethnic, or religious
minorities; elderly; gay, lesbian, bisexual or transgendered; immigrants; mentally or
physically disabled; impoverished; and homeless.
ARTICLE 2. GENERAL PROVISIONS
2.1 Establishment and Limitations. The Section is hereby established pursuant to

Article XI, Sections, of the Bylaws of the Washington State Bar Association
(hereinafter referred to as the "Bar"). These Bylaws are subject to WSBA Bylaws
and policies, and to court rules that apply to the WSBA.
2.2 Purpose. The Section will be concerned with all aspects of law and policy related
to the improvement of the legal practice in the substantive area of civil rights law,
which includes, but is not limited to violations of rights provided under the
-constitutions of United States and Washington state, under federal and state
statutes, local laws and regulations; criminal harassment, hate crimes; and
immigration matters. The Section will provide continuing legal education on civil
rights law to its voting and non-voting members and all interested persons. The
Section will provide a network for communications with the civil rights
organizations throughout the State. The Section will submit, to the Board of
Governors or other appropriate Bar entity, recommendations concerning proposed
legislation or court rules that impact legal practice in the area of civil rights.
2.3 Principal Office. The principal office of the Section shall be maintained in the
office of the Bar.
2.4 Fiscal Year. The fiscal year of the Section shall coincide with the fiscal year of
the Bar.
1
802
ARTICLE 3. MEMBERSHIP
3. 1 Voting Members. Any active member in good standing of the Washington State
Bar Association, or any lawyer specially admitted to the Bar for educational
purposes (APR 8(d)) ; as an Emeritus member (APR 8(e)); as a Foreign House
Counsel (APR 8(f)), as a Military Lawyer (APR 8(g); or authorized to practice as
House Counsel pursuant to RPC 5.5(d); may be enrolled as a voting member of
the Section upon request and payment of annual Section dues.
3.2 Nonvoting Members. Any other interested person may become a non-voting,
associate member of the Section and serve as a non-voting, associate member of
Section committees and sub-committees upon payment of annual Section dues.
The Section will welcome advocates from all interested disciplines. Law Students
may be nonvoting Section members at a standard annual dues fee set by the Board
of Governors of the Bar.
3.3 Dues. Dues shall be paid annually in an amount to be established by the

Executive Committee, which is described in these Bylaws, Article 5, Executive
Committee, and approved by the Board of Governors of the Bar. Any person who
fails to pay the annual dues shall cease to be a member of the Section. Changes in
dues shall be effective for the fiscal year immediately following such
detennination.
ARTICLE 4. MEETINGS OF THE MEMBERSHIP
4.1 Annual Meetings of the Membership. The Annual Meeting of the Section shall
be held at a time and location determined by the Executive Committee.
4.2 Special meetings may be held at a time and place designated by the Chairperson
or a majority of the Executive Committee. The membership shall be notified of
the date and location of a special meeting no less than thirty (30) days prior to the
meeting.
4.3 Notice of the Annual Meeting and any Special Meetings shall be published in the
Section newsletter and/or transmitted by mail or electronic mail to all members of
the Section at least thirty (30) days prior to the meeting.
4.4 Approval of any business brought before the membership at any annual or special
meeting of the Section shall be made by a majority vote of the members present in
person, present telephonically, or who have submitted ballots by mail or
electronic mail prior to the meeting date.
4.5 Members may cast their vote by mail, or by electronic mail, or may appear
telephonically with written notice to the Secretary of the Section. Members may
request a written ballot from the Secretary of the Section no less than five (5) days
2
803
prior to the meeting at which a vote is to be taken.
ARTICLE 5. EXECUTIVE COMMITTEE
5.1 Scope. The Section Executive Committee shall supervise and control the affairs
of the Section subject to these Bylaws and the Bar's bylaws. The Executive
Committee shall be vested with the powers and duties necessary for the
administration of the affairs of the Section including, without limitation, the
power and duty to act on behalf of the Section in connection with the activities
listed in 2.2. The Section Executive Committee shall have sole authority to
approve the content and publishing of the Section newsletter and/or website, and
the adoption of the budget and approval of expenditures, and shall perform duties
assigned to it by the Board of Governors of the Bar.
5.2 A. Elected Members of the Section Executive Committee. The members of the
Section Executive Committee will be elected from the voting Section membership
to fill the following positions:
Chair
Chair-Elect
Immediate Past Chair
Secretary
Treasurer
Up to five (5) Trustees
B. Young Lawyer Liaison. Upon the concurrence of a majority of the elected

members of the Executive Committee, a Young Lawyer Liaison may be appointed
by the WSBA Young Lawyers Committee to serve on the Section Executive
Committee. The Young Lawyer Liaison to the Section Executive Cormnittee
shall have a voice and vote on all matters that come before the Section Executive
Committee, and shall be a full member for purposes of establishing a quorum of
the Section Executive Committee.
5.3 Term for Officers. The term of each position of Chair, Chair-Elect, Immediate
Past Chair, Secretary, and Treasurer of the Section Executive Committee shall
begin on October 1 following the election at the annual meeting or appointment
and shall end on September 30 of the following year.
5.4 Term for Trustees. The tenns of the Trustees will be for three years and shall be
staggered as evenly as possible. Only voting members may serve on the Section
5.5 Regular Meetings. The Section Executive Committee shall meet at least every
two months, a minimum of six times per year.
3
804
5.6 Special Meetings. The Chair may, and upon the request of three members of the
Executive Committee, shall, call meetings of the Executive Committee. Special
meetings of the Executive Committee may be called to amend these Bylaws upon
ten (10) days written notice of such meeting mailed to the members thereof, said
notice to specify the purpose of such special meeting and the proposed
amendment, as set forth in Atiicle 10 hereof. Written notice of such meeting may
be waived by one-hundred percent of those entitled to notice, by written waiver
thereof. All other meetings shall be as set by the Chair of the Section.
5.7 Quorum. A majority of the Section Executive Committee shall constitute a

quornm, and may be present in person, by telephone or by written or electronic
communication. Action of the Executive Committee shall be detennined by
majority vote of the members of the Executive Committee presenting their votes
in person, by telephone, by internet conferencing, or by written or electronic
communication. All action must be approved by a maj01ity of the Section
5.8 General Section Member Voting. The Section Executive Committee may direct
that a matter be submitted to the members of the Section by a mail or electronic
vote or by a vote at the Section Annual Business Meeting; in any such event,
binding action of the Section shall be by majority of those voting.
5.9 Committees and Sub-Committees. The Section Executive Committee shall have
the authority to detennine the number and type of Section committees and Section
sub-committees and shall appoint Chairs for all committees and sub-committees.
All members of the Section may serve on any committee or subcommittee at the
discretion of the Section Executive Committee.
5.10 Compensation. No salary or compensation for services shall be paid to any

member of the Section Executive Committee or member of any committee with
the exception of the Editor and other staff of the Section newsletter (if applicable).
Reimbursement may be allowed for travel and other out-of-pocket expenses for
members of the Section Executive C01mnittee and members of all Section
standing and special committees, pursuant to the WSBA expense reimbursement
policy.
5.11 Absences. Three consecutive unexcused absences will subject a member or

officer to removal from the Executive Committee by a majority vote of the
Section Executive Committee.
5.12 Section Annual Meeting. The annual meeting of the Section Executive
C01mnittee shall be held in conjunction with the annual meeting of the Section.
Special meetings may be held at the time and place designated by the Chair or a
majo1ity of the Section Executive Committee.
5 .13 Rights of Section Members. The membership of the Section shall have the right
to rescind or modify any action or decision by the Section Executive Committee,
4
805
except for filling a vacancy in the position of Officer or Executive Committee
member, and also may instruct the Section Executive Committee as to future
action. The Section Executive Committee shall be bound by any such action of
the membership. The right of the membership to direct, modify, or rescind an act
of the Section Executive Committee shall not include the power to invalidate
contracts or payments previously made under direction of the Section Executive
Committee. Any vote to direct, modify, or rescind an action of the Section
Executive Committee must be taken at a meeting at which two-thirds of members
voting approve the Motion.
ARTICLE 6. COMMITTEES AND SUBCOMMITTEES
6.1 Purpose. The purpose of the Committees shall be to further the interests of the
Section within their particular areas of expertise, in coordination with the Section
Chair and subject to control of the Executive Committee.
6.2 Standing Committees. The Section Executive Committee may establish as many
standing committees as deemed necessary and may set the names, functions, and
duration of such c01mnittees. The Section Chair, with the approval of the Section
Executive Committee, shall appoint the Committee Director and members of all
standing committees.
6.3 Special Committees. In addition to the standing committees provided above, the
Executive Committee may appoint as many special committees for particular
purposes as deemed appropriate; and may set the names, functions, and duration
of such committees, including membership. The Section Chair, with the approval
of the Section Executive Committee, shall approve the appointment of the
Committee Director and members of all special committees.
6.4 Subcommittees and Task Forces. Subcommittees and task forces, as constituted
from time-to-time by the Executive Committee, shall be filled by appointment of
the Section Chair with the consent of the Executive Committee.
ARTICLE 7. ELECTION OF OFFICERS
7.1 No member may serve as an Officer on the Section Executive Committee for
more than four (4) consecutive years.
7.2 To the extent possible, no more than one person from the same law firm, company
or department of a public agency may serve on the Executive Committee at the
same time.
7.3 No officer shall serve more than two successive terms in the same offi ce.
7.4 The Chair-Elect, Secretary, and Treasurer shall be elected every year at the
Annual Meeting by majority vote of the membership present in person, or by
5
806
written or electronic communication, or who have submitted a write-in ballot
prior to the meeting.
7.5 The term of office for all officers of the Executive Committee shall commence on
October 1 following the election at the annual meeting or appointment and shall
end on September 30 of the following year.
7.6 Nominating Committee. At least ninety (90) days prior to an Annual Business
Meeting during an election year, the Executive Committee shall appoint a
nominating committee for the specific purpose of recruiting and recommending
candidates for Section Officers and Trustees. The nominating committee shall
make and issue a report (the report) to the Chair at least sixty (60) days prior to
the Section Annual Business Meeting at which an election shall be held. The
report should contain at least one nomination for each position to be filled by
election.
7.7 The nominating committee shall use reasonable efforts to ensure that the members
nominated reflect the diversity of the Section membership taking into account all
relevant factors, including without limitation, practice area, office location, age,
gender and ethnic origin.
7.8 The nominating c01mnittee may nominate more than one candidate for each
position. Written notice containing the names of nominees selected by the
nominating committee shall be provided to voting members of the Section or
published in the Section newsletter no later than thirty (30) days prior to the
Annual Meeting. The notice shall include an invitation for further nominations
from members of the Section.
7.9 The notice shall include the names of persons nominated, the positions to which
they have been nominated, and a statement that members of the Section may
nominate or self-nominate persons to serve in any of these elected officer
positions by written nomination to the nominating committee received no later
than fifteen (15) days prior to the Annual Meeting during which the election is to
be held.
7.10 To be accepted, nominations from members must include the name of the person
nominated, the position for which he or she is nominated, and if not a self-
nomination, written acknowledgement by the nominee of his or her willingness to
serve.
7 .11 If the nominating committee has nominated only one candidate for a particular
position, and if the nominating committee receives no additional nominations for
that position by as provided above, the person nominated by the nominating
committee shall be deemed elected.
6
807
7.12 In a contested election, the candidate receiving the highest number of votes shall
be elected. Results of the Section Elections shall be ce1iified to the WSBA no
later than ten (10) days following the election.
7.13 An Officer position on the Executive Committee may be, at the option of a
majority of the Executive Committee, deemed vacant and the Officer relieved of
all officer responsibilities if that member:
a. Fails to attend tluee (3) consecutive meetings, in the absence of an

excuse approved by the Chair prior to the meeting; or
b. Fails to attend four (4) consecutive meetings, even if excused.
7.14 Except for the office of Chair-Elect, a majority of the Section Executive
Committee shall fill by appointment, for the unexpired portion of any term, any
position that becomes vacant for any reason.
7 .15 Any Officer appointed to fill an unexpired term shall serve the unexpired period.
Such members shall then be eligible at the next annual election for election for a
full term, unless the member's election to the new term will result in a violation of
Sections 7.1 , 7.2 and/or 7.3 of this Article.
ARTICLE 8. ELECTION OF TRUSTEES
8. 1 Except as provided in 8.6, Trustees shall be elected at the Annual Meeting for
terms of three years. Terms of all Trustees will begin at the close of the Annual
Meeting at which they are elected and will end at the close of the Annual Meeting
three years hence when their successor has been elected and qualified. In addition
to the provisions of this Article, the Nominating Committee in Article 7, m ay also
seek candidates to fill T rustee positions for whole or partial terms as a part of the
Annual Meeting election process for Officers. In addition, the objectives of
diversity shall be a consideration for T rustees as provided in Article 7.7.
8.2 The Chair of the Section shall solicit nominations for Trustees from the
membership prior to or during the Annual Meeting. All nominees for Trustees
must be current, voting members of the Section. Nominations may be m ade or
seconded by any voting member of the Section, in person, or by written or
electronic conununication.
8.3 Nominees for Trustee shall be given the opportunity to address the membership
during the Annual Meeting, prior to the election of the Trustees.
8.4 Trustees sh all be elected by a majority vote of the membership present at the
Annual Meeting in person, by telephone, or by written or electronic
communication.
7
808
8.5 The Trustees who shall be elected by a vote of the Section at the first Annual
Meeting shall be elected in groups designated as A and B. The A group (two
Trustees) will hold office for three years; the B group (three Trustees) will hold
office for two years. Elections for the Trustees' successors shall subsequently all
be for three-year terms.
8.6 The vacancy of any Trustee position shall be filled by a majority vote of all
members of the Executive Committee for the unexpired portion of the tenn.
ARTICLE 9. PUBLICATIONS, A/V MATERIALS and WEBSITE
9.1 Newsletter. There shall be published and furnished to members of the Section,
and to such other persons or organizations as the Executive Committee may
determine, an electronic newsletter published at such intervals as the Executive
Committee shall determine.
9.2 Other Publications. The Section may publish a series of programs and/or other
written or A/V material to further the objectives of the Section.
9.3 Publication Editor. The Chair shall appoint annually an editor of the newsletter
and website who shall be an ex-officio member of the Executive Cormnittee
during his or her tenure as editor.
9.4. Website. The Executive Committee may create, maintain and furnish one or more
websites to the members of the Section.
ARTICLE 10. AMENDMENTS
10.1 Amendments. These bylaws may be amended by either of the following means:
(1) at any Annual Meeting of the Section by a majority vote of the members of the
Section present in person, by telephone, or by written or electronic
communication; and (2) at any regular or special meeting of the Executive
Committee of the Section called for the purpose of amending the bylaws upon at
least twenty (20) days written notice to the members thereof, by a majority vote of
all members of the Executive Committee. No amendment of these bylaws will be
effective until approved by the Board of Governors of the Washington State Bar
Association.
As last amended and approved by the WSBA Board of Governors on September *, 2016.
Previously amended on September 23, 2010.
8
809
WSBA
COMMUNICATIONS DEPARTMENT
P am lnglesby 206-727-8226
Communication Services Operations Manager email pami@wsba.org
FROM: Pam Inglesby, WSBA Communications Services Operations Manager
RE: Committee term limit exception
CONSENT: Approve an exception to the committee term limit rule for Charles Dold of
WSBA's Continuing Legal Education Committee.
At its September meeting the BOG's Nominations Committee appointed Charles Dold to a third
term as member of WSBA's Continuing Legal Education Committee. The term begins October
1, 20 16 and ends September 30, 2019.
This appointment requires that the BOG approve an exception to the committee term limit rule in
the WSBA Bylaws:
A member' s service on any committee shall be limited to two consecutive terms, after
which the member cannot be reappointed to that committee for three years, subject to
individual exceptions for cause as approved by the Board of Governors. (IX.B .l.b., page
45)
The Nominations Committee supports this exception to the rule.
810
WSBA
BOARD OF GOVERNORS
Robin L. Haynes phone: 509.928.4141
Pre~ident-elect e-mail: robin@mcneicewhecler.com
FROM: Robin Haynes, President-Elect
RE: 2016-2017 Pro Bono and Public Service Committee Chair Appointment
CONSENT: Please appoint Emily Nelson as Co-Chair of the Pro Bono and Public Service
Committee for a term beginning October 1, 2016 and ending September 30, 20 17.
At the July BOG meeting Kevin McGuire was appointed as the 2016-2017 Chair ofWSBA's Pro
Bono and Public Service Committee. At Mr. McGuire's recommendation, I now nominate Emily
Nelson to serve as Co-Chair of the committee.
Working T ogethe r to Champion Jttstice

PO Box 14758 / Spokane Valley, WA 99206 / fax: 509.928.9166
811
EMILY C. NELSON
205 Chambers Street NE O lympia, WA 98506 emilynel@gmail.com (360) 296-3129
EDUCATION
University of Washington School of Law Seattle, WA
J.D., Public service laiv co11ce11tratio11 June 2014
H onors: Charles Z . Smith Award for Public Service
Pro Bono H onors Program
Goldmark Equal Justice Internship, Legal Foundation of Washington
Activities: Research Assistant for Professor Anita Ramasastry

UW Student Bar Association, Vice President
National Lawyers Guild, President
Center for Human Rights and Justice, Co-President
Inter-American Sustainable Development Moot Court Team, Bogota, Colombia
Bradley University May 2004
BA., magna cum laude, Intemational Studies, Spanish minor Peoria, IL
Honors: NCAA Division I Softball Scholarship
Nyradi Memorial Award (for excellence in International Studies scholarship and public service)
Dean's List
Sigma Iota Rho (International Studies Honor Society)
Activities: International Affairs Organization, President
Varsity Softball, Team Captain
Student-Athlete Coordinating Committee, President
Summer Study Abroad, Cuenca, Ecuador
LEGAL EXPERIENCE
Washington State Attorney General's Office, Ecology Division March 2016-Present
Assistant Attomey General Olympia, WA
Represent the Washington State Department of Ecology in land use appeals and penalties. Provide client
advice on a variety of matters.
Judge George Fearing, Washington Court of Appeals, Division III September 2014-February 2016
La1v Clerk Spokane, WA
D rafted pre-hearing research memos for criminal and civil appeals. Edited opinions, concurrences, and
dissents. Conducted discrete research projects. Trained and supervised junior law clerk and externs.
Law Office of Neil Fox, PLLC September 2013-June 2014
&tie 9 lntem Seattle, WA
Represented aggrieved immigrant worker in successful RALJ appeal o f anti-harassment protec tion orders.
Drafted opening and reply briefs. Argued motion for reconsideration and appeal in superior court.
Columbia Legal Services April 2014-June 2014
La1v Clerk Seattle, WA
Interviewed and drafted declarations of putative class members in employment class action. Assisted in
planning and conducting legislative advocacy on farmworker health and workplace safety.
Cline & Associates, Inc. January-May 2014
LaJV Clerk Seattle, WA
Researched state and federal disability rights o f public safety employees. Edited and updated the firm's
disability law resources. Wrote articles for the firm's National Fire and Police Labor Law blog.
812
Chelan Douglas County Volunteer Attorney Services June-August 2013
Goldmark EqualJustice &de 9 Intern Wenatchee, \XIA
Represented low-income clients facing housing, public benefits, employment, debt collection, and family law
issues. Conducted client intake, drafted pleadings, and appeared in superior court on clients' behalf.
Negotiated settlements with the Attorney General's Office of Financial Recovery.
Judge M ary Yu, King County Superior Court April-June 2013
Judicial Extern Seattle, \XIA
Researched and drafted a summary decision on administrative law review. Drafted bench memos on
contractual privity, the Washington Consumer Protection Act, and class action settlement approval.
University of Washingto n Workers Rights Clinic September 2012-April 2013
Student La1v Clerk Seattle, WA
Drafted and recorded construction liens on behalf of unpaid workers. Negotiated favorable settlements for
clients in a case involving over 140 interested parties. Interpreted and translated for Spanish-speaking clients
Washington State Sexual Assault Bench Guide Drafting Committee June 2012-January 2013
Researcher and Joint A11thor Seattle, \XIA
Researched, wrote, and edited chapters on defenses to sexual assault crimes and preliminary examinations, in
coordination with the Washington Supreme Court Gender and Justice Commission.
Columbia Legal Services June-August 2012
Laurel fu1bi11 Fam11vorker J11stice Intern Wenatchee, \XIA
Drafted research memos for sexual harassment and housing class actions. Conducted outreach to
farmworker camps throughout Washington. Drafted proposed legislative amendments.
Immigrant Families Advocacy Project December 2011-May 2014
Student Case//Jorker Volunteer Seattle, WA
Filed U visa petitions for two immigrant survivors of domestic violence. Successfully obtained visa for one
client (second is pending). Interpreted client interviews and drafted declarations.
NON-PROFIT EXPERIENCE
Casa Latina Worker Defense Committee October 2011-June 2013
Volt111teer Advocate Seattle, WA
Assisted workers in filing Labor and Industries wage theft claims. As a first-year law student, helped workers
recover over $25,000 in unpaid wages from their former employers.
Peace Brigades International Honduras Project March 2011-January 2012
Coordinating Committee Member Tegucigalpa, Honduras
Carried out a short-term human rights mission to Honduras. Co-authored a report evaluating the situation
of human rights defenders in the country. Briefed stakeholders on report findings.
Peace Brigades International Colombia Project May 2008-April 2011
Cotmmmications and Outreach Officer Washington, DC
Developed international advocacy and media strategies to support human rights defenders. Lobbied national
and international government officials. Wrote and edited reports on rule of Jaw and internal displacement.
Accompaniment Volunteer Bogota, Colombia
Conducted field observations of Colombian human rights defenders and internally displaced communities in
active conflict zones. Briefed Colombian military, government officials, and international stakeholders.
VOLUNTEER WORK
Thurston County Volunteer Legal Services July 2016-Present
Board Member Olympia, WA
WSBA Pro Bono and Public Service Committee October 2015-P resent
Committee Member Seattle, WA
Peace Brigades International-USA August 2015-Present
Board Member Washington, D.C.
813
WSBA
BOARD OF GOVERNORS
Angela M . Hayes phone: 509.777.2671

Governor, Fifth District e-mail: ahaves@aiin.com
ACTIVITY REPORT
July 7, 2016 - September 14, 2016
LIAISON DUTIES:
July 13, 2016 Attend Labor and Employment Law Section Exec. Committee meeting,
telephonic
July 27, 2016 Attend Campaign for Social Justice/Law Fund meeting, Winston & Cashatt,
Spokane
August 1, 2016 Attend LFCP meeting, telephonic
August 10, 2016 Attend Labor and Employment Law Section Exec. Committee meeting,
telephonic
WSBA and BOG COMMITTEE MEETINGS:
July 11 , 2016 Attend Bylaws Subgroup meeting , WSBA office, Seattle, WA - telephonic
July 14, 2016 Attend Bylaws Workgroup meeting, WSBA Office, Seattle, WA - telephonic
July 18, 2016 Attend WSBA BOG Diversity training webinar
July 20-23, 2016 Attend BOG Meeting, Walla Walla WA
August 8, 2016 Attend Personnel Committee meeting , WSBA Office, Seattle - telephonic
August 8, 2016 Attend Bylaws Workgroup meeting, WSBA Office, Seattle - telephonic
August 9, 2016 Attend Executive Committee meeting - telephonic
August 15, 2016 Attend Legislative Committee meeting - telephonic
August 23, 2016 Attend BOG Special Meeting, WSBA office, Seattle
September 9, 2016 Attend Executive Committee meeting, Bellingham, WA - telephonic
SPECIALTY, COUNTY AND MINORITY BARS OUTREACH:
August19, 2016 Attend Spokane County Bar Association 2016-2017 planning meeting, Manito
Country Club, Spokane WA

814
1206 N Lincoln, Suite 200 /Spokane, WA 99201
WSBA
BOARD OF GOVERNORS
Ann Danieli, Governor, Seventh North District

35 18 Fremont Avenue North, 299
Seattle, WA 98103
(206) 919-3667
ACTIVITY REPORT
SEPTEMBER 2016
LIAISON DUTIES
SEPTEMBER 9, 201 6 COUNCIL ON PUBLIC DEFENSE BY PHONE 12-2:30
SEPTEMBER 16, 2016 ALTERNATIVE DISPUTE RESOLUTION EXECUTIVE COMMITTEE 12-1 :30PM

SEPTEMBER 7,2016 BUDGET & AUDIT COMMITTEE 12-5
SEPTEMBER 9,2016 BOG EXECUTIVE COMMITTEE 9:15-11 :45AM BY PHONE
SEPTEMBER 13, 2016 WOMEN , RACE & AGE TOWN HALL WSBA
SEPTEMBER 14, 2016 CHIEF JUSTICE TOWN HALL WSBA 4-5:30PM BY WEBCAST
SEPTEMBER 15, 2016 SECTIONS POLICY WORK GROUP 9AM-2PM
SEPTEMBER 29, 2016 BOG TRAINING 8AM-5PM
SEPTEMBER 30, 2016 BOG MEETING 8AM-5PM
SPECIALTY, COUNTY AND MINORITY BARS OUTREACH :
SEPTEMBER 10,2016 ALTERNATIVE DISPUTE RESOLUTION 30th ANNIVERSARY SEATTLE 6-

10PM
SEPTEMBER 14,201 6 WASHINGTON WOMEN LAWYERS EXECUTIVE COMMITTEE 6-7;30 PM BY

PHONE
SEPTEMBER 28, 201 6 BOG PRESIDENT RECEPTION 5:30-7:00PM
SEPTEMBER 29,201 6 W SBA APEX AWARDS DINNER 5:30PM-1 1:OOPM
W orking Together to Champion J ustice

999 T hird Avenue, Suite 3000 / Seattle, WA 98104 / fax: 206.340.8856
815
WSBA
BOARD OF GOVERNORS

3518 Fremont Avenue North, 299
Seattle, WA 98103
(206) 919-3667
ACTIVITY REPORT
AUGUST 2016
LIAISON DUTIES:
AUGUST 13, 2016 CRIMINAL LAW EXECUTIVE COMMITIEE 9-12 AM
AUGUST 19, 2016 ALTERNATIVE DISPUTE RESOLUTION EXECUTIVE COMMITIEE 12-1 :30 BY
PHONE
AUGUST 19,2016 MCLE COMMITIEE 10-12 & 1 :30-2:30 BY PHONE
AUGUST 12, 2016 SECTIONS WORK GROUP 9AM-3PM BY PHONE
AUGUST 23, 2016 BOG MEETING 8-5 SEATILE
AUGUST 19, 2016 WASHINGTON LEADERSHIP INSTITUTE GRADUATION 5:45-8:00

999 Third Avenue, Suite 3000 /Seattle, WA 98104 /fax: 206.340.8856
816
WSBA
BOARD OF GOVERNORS

3 5 18 Fremont Avenue North, 299
Seattle, WA 98103
(206) 919-3667
ACTIVITY REPORT
JULY 2016
LIAISON DUTIES:
JULY 8, 2016 COUNCIL ON PUBLIC DEFENSE 12-2:30 BY PHONE
JULY 15, 2016 ALTERNATIVE DISPUTE RESOLUTION EXECUTIVE COMMITTEE 12-1 :30 BY
PHONE
JULY 27, 2016 CLE COMMITTEE 2-4 WSBA BY PHONE
JULY 8, 2016 AWARDS COMMITTEE CONFERENCE BY PHONE
JULY 11, 201 6 S ECTIONS WORK GROUP 12-SPM BY PHONE
JULY 18, 2016 BOG DIVERSITY TRAINING 1PM-3PM BY PHONE
JULY 19, 2016 BOG NOMINATIONS COMMITTEE 12:30-2PM BY PHONE
JULY 20, 2016 BOG DINNER 6-10PM WALLA WALLA
JULY 21, 2016 BOG RETREAT 8-6 WALLA WALLA
JULY 21 , 2016 BOG DINNER 7-9 WALLA WALLA
JULY 22, 20 16 BOG MEETING 8-6 WALLA WALLA
JULY 22,2016 BOG DINNER 6:30-10:30 WALLA WALLA
JULY 23, 20 16 BOG MEETING 8-12 WALLA WALLA
Working Together to Champion Ju stice

999 Third Avenue, Sui te 3000 /Seattle, WA 98104 /fax: 206.340.8856
817
WSBA
BOARD OF GOVERNORS

Seattle, WA 98103
(206) 919-3667
ACTIVITY REPORT
JUNE 2016
LIAISON DUTIES:
JUNE 10, 2016 COUNCIL ON PUBLIC DEFENSE BY PHONE 12-2:30
JUNE 15, 2016 BUDGET & AUDIT 12-5
JUNE 2, 2016 BOG MEETING 1-5 WSBA
JUNE 2, 2016 BOG STAFF DINNER 6-10
JUNE 3, 2016 BOG MEETING 7:30-5:00PM WSBA
JUNE 6, 2016 SECTIONS WORK GROUP 12-5PM BY PHONE
JUNE 20, 2016 SECTIONS WORK GROUP 12-5PM BY PHONE
JUNE 23, 2016 KING COUNTY BAR ASSOCIATION AWARDS DINNER 5:30-10:30
Working Together to Ch ampion Justice

999 Third Avenue, Suite 3000 /Seattle, WA 98104 / fax: 206.340.8856
818
WSBA
BOARD OF GOVERNORS
Seattle, WA 98 103
(206) 919-3667
ACTIVITY REPORT
MAY 2016
LIAISON DUTIES:
MAY11 ,2016 WASHINGTON WOMEN LAWYERS BOARD BY PHON E 5-6
MAY 13, 2016 MCLE BOARD WSBA 10-2
MAY 13, 2016 COUNCIL ON PUBLIC DEFENSE BY PHONE 12-2:30
MAY 17, 2016 STAKEHOLDER GROUP TO IMPROVE JUVENILE DEFENSE
MAY 20 ,2016 AL TERNTIVE DISPUTE RESOLUTION EXECUTIVE COMMITTEE WSBA 12-3
MAY 31, 2016 WASHINGTON WOMEN LAWYERS: WOMEN & JUSTICE FILM RECEPTION
6:30-9:30
MAY 6, 2016 AWARDS COMMITTE E WSBA 1-4
MAY 9, 2016 STRATEGIC PLANNING COMMITTEE BY PHONE 11-12:30
MAY 16, 2016 NOMINATIONS COMM ITTEE WSBA 9:30-12
MAY 16, 2016 EXECUTIVE COMMITTEE WSBA 2-4
MAY 12, 2016 NORTHWEST INDIAN BAR ASSOCIATION ANNUAL BANQUET UW 5:30-9
MAY 19, 2016 EASTSIDE LEGAL ASSITANCE PROGRAM BREAKFAST BELLEVUE 7:30-
8:30AM
MAY 20, 2016 NW IMMIGRANT RIGHTS DINNER 6-9
MAY 16, 2016 KING COUNTY BAR ASSOCIATION LUNCH W ITH EXECUTIVE COMM ITTEE
WSBA 12-2
Wo rking Together to C hampion J ustice

819
999 T hird Avenue, Suite 3000 /Seattle, WA 98104 / fax: 206.340.8856
WSBA
BOARD OF GOVERNORS

WASIDNGTON STATE BAR ASSOCIATION
Seattle, WA 98103
(206) 919-3667
ACTIVITY REPORT
APRIL 2016
LIAISON DUTIES:
APRIL 6, 2016 COUNCIL PUBLIC DEFENSE BY PHONE 12-1 :30
APRIL 8, 2016 MCLE BOARD WSBA 10-4
APRIL 23, 2016 CRIMINAL LAW SECTION EXEC COMM MEEETING SEATAC 9-12
APRIL 27, 2016 CLE COMMITTEE WSBA 1-4
APRIL 1, 2016 WESTERN STATES BAR CONFERENCE SAN DIEGO ALL DAY
APRIL 2, 2016 WESTERN STATES BAR CON FERENCE SAN DIEGO A LL DAY
APRIL 4, 2016 STRATEGIC PLANNING COMMITTEE BY PHONE 11-12:30
APRIL 14, 2016 BOG DINNER BREMERTON 6-9
APRIL 15, 2016 BOG MEETING & DINNER BREMERTON 8AM-10PM
APRIL 16, 2016 BOG MEETING BREMERTON 8-12
APRIL 27, 2016 BUDGET & AUDIT COMMITTEE WSBA 2-5
APRIL 28, 2016 SECTIONS WORK GROUP WSBA 9-2
SPECIAL TY, COUNTY AND MINORITY BARS OUTREACH:
APRIL 13, 2016 I QLAW BANQUET SEATTLE 6-10
Working Togeth er to Champ i on J ustice

999 T hird Avenue, Suite 3000 /Seattle, WA 98104 / fax: 206.340.8856
820
WSBA
BOARD OF GOVERNORS
3 518 Fremont Avenue N01th, 299
Seattle, WA 98103
(206) 9 19-3667
ACTIVITY REPORT
MARCH 2016
MARCH 3 2016 STRATEGIC PLANNING COMMITIEE WSBA 3-5
MARCH 9, 2016 BOG DINNER OLYMPIA 6-9
MARCH 10, 2016 BOG OLYMPIA 8-5
MARCH 10, 20 16 BOG DINNER & DESSERT WITH SUPREME COURT 5-12
MARCH 11 , 2016 BOG MEETING WITH SUPREME COURT 9-12
MARCH 23, 2016 BUDGET & AUDIT BY PHONE 1-5
MARCH 30, 2016 WESTERN STATES BAR CONFERENCE SAN DIEGO
MARCH 31, 2016 WESTERN STATES BAR CONFERENCE SAN DIEGO
MARCH 29, 2016 2016 BREAKFAST WITH CHAMPIONS 7:30-8:45
Working Together to Champion J ustice

999 Third Avenue, Suite 3000 /Seattle, WA 98104 /fax: 206.340.8856
821
WSBA
BOARD OF GOVERNORS
Ann Daniel i, Governor, Seventh North District
3 518 F remont Avenue No 1th, 299
Seattle, WA 98 103
(206) 919-3667
ACTIVITY REPORT
FEBRUARY 2016
LIAISON DUTIES:
FEBRUARY 4, 2016 JUDICIAL RECOMMENDATIONS COMMITTEE BY PHONE 9-2
FEBRUARY 12,2016 COUNCIL FOR PUBLIC DEFENSE BY PHONE 12-2
FEBRUARY 4,2016 SECTIONS WORK GROUP BY WEBCAST 9-3
FEBRUARY 19, 2016 SECTIONS WORK GROUP BY PHONE 8:30-1
FEBRUARY 5, 2016 LATINO/A BAR ASSOCIATION DINNER 5-9
FEBRUARY 18, 2016 KOREAN BAR DINNER 6-9

999 Third Avenue, Suite 3000 / Seattle, WA 98104 / fax: 206.340.8856
822
WSBA
BOARD OF GOVERNORS

35 18 Fremont Avenue No1ih, 299
Seattle, WA 98103
(206) 919-3667
ACTIVITY REPORT
JANUARY 2016
LIAISON DUTIES:
JANUARY 8, 2016 COUNC IL PUBLIC DEFENSE PHONE CALL INTERVIEW 3-4
JANUARY 22, 2016 MCLE BOARD WSBA BY PHONE 10-2
JANUARY 22, 2016 COUNCIL PUBLIC DEFENSE BY PHONE 12-1
JANUARY 27,2016 CLE COMMITIEE-WSBA 2-4
JANUARY 6,2016 BUDGET & AUDIT 1-4 WSBA OFFICE 1-4
JANUARY 19, 2016 SECTIONS WORK GROUP BY PHONE 9-12
JANUARY 26, 2016 JUVENILE DEFENSE IMPROVEMENT GROUP-AOC SEATAC 1-5
JANUARY 27 2016
I WSBA OPEN HOUSE 4-5:30
JANUARY 27, 2016 BOG DINNER 6-9
JANUARY 28, 2016 BOGWSBA8-5
JANUARY 28, 2016 BOG DINNER 6-9
JANUARY 29, 2016 BOG WSBA 8-12
Working Together to Champion J ustice

999 Third Avenue, Suite 3000 /Seattle, WA 98104 / fax: 206.340. 8856
823
JANUARY 15, 2016 KING COUNTY BAR ASSOCIATION MARTIN LUTHER KING JR. LUNCH
SEATTLE 12-1
JANUARY 21 ' , 2016 WSBA OPEN SECTONS NIGHT 5-9
JANUARY 28, 2016 RECEPTION FOR MICROSOFT COUNSEL K&L GATES 5-7
Working T ogether to Champion J ustice

824
WSBA
BOARD OF GOVERNORS

WASIIlNGTON STATE BAR ASSOCIATION
3 518 Fremont A venue No11h, 299
Seattle, WA 98 103
(206) 919-3667
ACTIVITY REPORT
DECEMBER 2015
DECEMBER 8, 2015 SECTIONS WORK GROUP WSBA 9-2
DECEMBER 14, 2015 STRATEGIC PLANN ING COMMITTEE WSBA 12-2
DECEMBER 14, 2015 BOG EXECUTIVE COMMITTEE 2-4
Working Together to Champion Ju stice

825
WSBA
BOARD OF GOVERNORS

Seattle, WA 98103
(206) 919-3667'
ACTIVITY REPORT
NOVEMBER
2015
LIAISON DUTIES:
NOVEMBER 6, 2015 COUNCIL ON PUBLIC DEFENSE 12-2PM
NOVEMBER 2, 2015 NOMINATIONS COMMITTEE 12-1 BY PHONE
NOVEMBER 5, 2015 SECTIONS WORK GROUP BY PHONE 9-12
NOVEMBER 12, 2015 BOG DINNER 5-8PM
NOVEMBER 13, 2015 BOG MEETING
NOVEMBER 15, 2015 SECTIONS WORK GROUP 9-12
NOVMBER 6, 2015 SOUTH ASIAN BAR ASSOCIATION DINNER 6-8PM

826
WSBA
BOARD OF GOVERNORS

3518 Fremont Avenue No1th, 299
Seattle, WA 98103
(206) 919-3667
ACTIVITY REPORT
OCTOBER 2015
LIAISON DUTIES:
OCTOBER 9, 2015 COUNCIL PUBLIC DEFENSE 12-2PM
OCTOBER 28 , 2015 CLE COMMITTEE 10-2
OCTOBER 16, 2015 WSBA 50 YEAR MEMBER LUNCH 12-2
OCTOBER 21 , 2015 SECTIONS WORK GROUP 9-12
OCTOBER 28, 2015 BUDGET & AUDIT 1-5
OCTOBER 29, 2015 BOG DINNER 5-9
OCTOBER 30, 2015 BOG TRAINING 8-5
SPECIAL TY, COUNTY AND MINORITY BARS OUTREACH:
OCTOBER 9, 2015 WASHINGTON WOMEN LAWYERS CLE TACOMA 3-5
OCTOBER 9, 2015 WASHINGTON WOMEN LAWYERS ANNUAL DINNER 6-10 TACOMA
OCTOBER 14, 2016 VIETNAMESE AMERICAN BAR ASSOCIATION OF WASHINGTON DINNER

SEATTLE 5-9
OCTOBER 23,2016 ASIAN BAR ASSOCIATION OF WASHINGTON DINNER 6-9
OCTOBER 30, 2015 FILIPINO LAWYERS OF WASHINGTON DINNER 6-9
Working Together to Champion ] ttstice

827
WSBA
BOARD OF GOVERNORS

Seattle, WA 98103
(206) 919-3667
ACTIVITY REPORT
09/25/2014- 09/30/2015
LIAISON DUTIES:
November 20, 2015 Judicial Recommendations Committee
December 5, 2015 Access to Justice Board Meeting 10-2 Seattle
December 12, 2014 District and Municipal Court Judges Association 12:30-2:30 SeaTac
January 9, 2015 District and Municipal Court Judges Association 12:30-2:30 SeaTac
January 16, 2015 Access to Justice Board 10am -12 Seattle
February 13, 2015 District and Municipal Court Judges Association 12-1 pm by phone
February 13, 2015 Access to Justice Board Interviews 1-5 by phone
February 27, 2016 Access to Justice Board Workshops 1-3pm Seattle
March 13, 2015 District and Municipal Court Judges Associati on 12:30-2:30 SeaTac
April 17, 2015 Access to Justice Board Interviews 1-5 by phone
May 9, 2015 District and municipal Court Judges Association 12-1 pm by phone
October 29, 2014 Budget & Audit Committee
November 7, 2014 Nomi nations Committee
November 13, 2014 BOG Dinner 6-9 Seattle
Working Together lo Champion Justice

828
November 14, 2016 BOG Meeting 8-5 Seattle
January 5,2015 Nominations Committee
January 21-23, 2015 BOG Dinner & Meeting
January 7, 2015 Budget &Audit Committee
February 25,2015 Budget & Audit Committee 1-5pm by phone
March 9, 2015 Nominations Committee 1-3 by phone
March 18-20, 2015 BOG Dinner & Meeting Olympia
April 1, 2015 Budget & Audit Committee 1-5pm by phone
April 17, 2015 Awards Committee 2-3pm by phone
April 24-25, 2015 BOG Meeting Spokane
April 29, 2015 Section Policy Debrief 4-5 by phone
May 5, 2015 Awards Committee 1-3 by phone
May 26, 2015 Nominations Committee 1-3pm
May 28, 2015 Budget & Audit Committee 9-12
June 12, 2015 BOG Meeting Seattle
June 25, 2015 Budget & Audit Committee 1-5pm by phone
July 22-25, 2015 BOG Meeting Bellingham
August 19, 2015 Budget & Audit 1-5 Seattle
September 10, 2015 Nominations Committee 10-2 By Phone
September17, 2015 WSBA BOG Meeting 8-5 Seattle
September 18, 2015 WSBA BOG Meeting 8-5 Seattle
September 25, 2014 King County Washington Women Lawyers Criminal Law Soiree 5-7pm Seattle
October 10, 2014 Washington Women Lawyers Annual Banquet 5-9 Seattle
October 29 2015 Northwest Legal Industry Alliance Reception 5-8 Seattle
November 7, 2014 Mother Attorneys Mentoring Association of Seattle Banquet 12-2 Seattle
November 12, 2014 Washington Women Lawyers Holiday Reception
Work ing Together to Champion Justice

829
January 13, 2015 Middle Eastern Legal Association of Washignton Banquet
January 16, 201 5 King County Bar Association Martin Luther King Jr. Lunch Seattle
January 23 , 2015 Latino Bar Association Annual Dinner
February 19, 2015 Korean American Bar Association 5-9 Seattle
February 27,2015 Goldmark Lunch 12-1 Seattle
May 29, 2015 WSBN KCBA Officers Lunch 12-1
June 12, 2015 Loren Miller Bar Association Dinner 5:30-9pm Seattle
June 18, 2015 King County Bar Association Annual Dinner Seattle 6-9pm
July 1O, 2015 New Governor Orientation Lunch 12-1
September 16, 2015 BOG President's Reception 6-8 Seattle
September 17, 2015 WSBA Annual APEX Awards Dinner 6-10 Seattle
Working T ogether to Champio n Justice

830
WSBA
BOARD OF GOVERNORS
William D . Hyslop phone: 509.455.9555

President e-mail: whyslop@lukins.com
ACTIVITY REPORT
July 24- September 30, 2016
PRESIDENT DUTIES:
August 2, 2016 Weekly President/ Executive Director Conference Call

August 4-6, 2016 National Conference of Bar Presidents, San Francisco
August 9, 2016 Weekly President/ Executive Director Conference Call
August 17, 2016 Officers' Personnel Review with Executive Director
August 17, 2016 Weekly President/ Executive Director Conference
August 19, 2016 Board for Judicial Administration Meeting via telephone
August 23, 2016 WSBA BOG Special Meeting
August 23, 2016 BOG Question & Answer Session
September 13, 2016 Weekly President/ Executive Director Conference Call
September 14, 2016 BOG Town Hall Meeting
September 16, 2016 Board for Judicial Administration Meeting
September 27, 2016 Conference with King County Superior Court on Escalating Costs of
Civil Litigation Report and Recommendations
September 28, 2016 WSBA President's Reception
September 29, 2016 WSBA BOG meeting
September 29, 2016 WSBA Annual Awards banquet
September 30, 2016 WSBA BOG meeting
September 30, 2016 BOG Slide-Out Function
Working Together to Champion ]11stice

717 W Sprague Avenue, Suite 1600 /Spokane, WA 99201 / fax: 509.747.2323
831
August 8, 2016 BOG Personnel Committee Meeting

August 8, 2016 Bylaws Work Group Meeting
August 9, 2016 BOG Executive Committee Meeting
August 15, 2016 BOG Legislative Committee Meeting/ Conference Call
September 7, 2016 BOG Budget & Audit Committee Meeting
September 9, 2016 BOG Executive Committee Meeting I Bellingham
September 15, 2016 BOG Personnel Committee Meeting - via telephone
SPECIALTY, COUNTY AND MINORITY BARS/LAW SCHOOLS/ AT J ACTIVITIES

AND OUTREACH:
September 6, 2016 Tacoma Pierce County Bar Association Family Law Section Forum
on WSBA Bylaw Proposals
September 8, 2016 WSBA Community Networking Event - Spokane
September 9, 2016 BOG Officers meeting with Whatcom County Bar Assoc. Officers
September 15, 2016 Spokane County Bar Association New Admittee Swearing In
Ceremony
September 16, 20 16 Spokane County Bar Association Bar Social Reception
September 23, 2016 Spokane County Bar Association Volunteer Lawyers Program -
Champions of Justice Breakfast

717 W Sprague Avenue, Suite 1600 /Spokane, WA 99201 / fax: 509.747.2323
832
WSBA
BOARD OF GOVERNORS
James K. Doane phone: 425.427.71 94
Governor, D istrict 7-South e-mail: jamcsdoanc@ me.com
ACTIVITY REPORT
James K. Doane, District 7-South
July 12, 2016-September 20, 2016
LIAISON DUTIES:
Various Email correspondence with Animal Law, Business Law, and Creditor Debtor
Rights Section, Korean American Bar Association
August 10, 2016 Washington State Bar Foundation Donor Engagement
July 19, 2016 BOG Nominating Committee
July 21, 2016 BOG Executive Committee
July 22, 2016 BOG Meeting
July 22, 2016 Loca l Heroes Lunch
July 23, 2016 Breakfast with Washington Leadership Institute Fellows
July 23, 2016 BOG Meeting
August 19, 2016 Washington Leadership Institute Fellows Graduation
August 23, 2016 BOG Executive Committee
August 23, 2016 BOG Meeting and Question & Answer Session
September 14, 2016 Town Hall
August 12, 2016 Sections Policy Work Group
September 20, 2016 King County Bar Associatio n New Lawyer Swearing In
Vario us Outreach to Asian Bar Association of Washington
W orking Together to Champ ion J ustice 833

999 Lake Drive/ Issaquah, WA 98027 / fax: 425.313.8114
WSBA
BOARD OF GOVERNORS
Keith M. Black phone: 253.851.7401

Governo r, Sixth District e-mail: keithmblack.law@g:mail.com
ACTIVITY REPORT
July 11, 2016 - September 30, 2016
LIAISON DUTIES:
July- September, 2016 Numerous conversations and exchanged email correspondence with Section
leaders and members regarding Sections Policy Work Group topics and
correlating Bylaw revision recommendat ions.
July 11, 2016 BOG Sections Policy Work Group Meeting {Seattle)
July 11, 2016 BOG Personnel Committee Meeting {Seattle)
July 20-23, 2016 BOG Ju ly Retreat and Meeting {Walla Walla)
August 8, 2016 BOG Personnel Committee Meeting {Seattle)
August 12, 2016 BOG Sections Policy Work Group Meeting (conference call)
August 23, 2016 BOG Special Meeting (Seattle)
September 15, 2016 BOG Sections Work Group Meeting (conference call)
September 15, 2016 BOG Personne l Committee Meeting (conference call)
September 28-30, 2016 BOG Meeting and Surrounding Events (Seattle)
834
13302 53rd Avenue N W / Gig Harbor, WA 98332
OTHER MEETINGS/MINORITY BAR OUTREACH:
July - September, 2016 Numerous phone conversations, emails, and discussions with Sixth District
members regard ing BOG Sections Work Group and WSBA Bylaws Work Group
September 6, 2016 Tacoma- Pierce County Bar Association Forum Rega rding Proposed BOG Bylaw
Revisions (Tacoma)
September 20, 2016 Tacoma-Pierce County Bar Association Board of Trustees Meeting (Tacoma)
Working Together to Champio n ]itstice

13302 53rd Avenue NW I Gig Harbor, WA 98332
835
WSBA
BOARD OF GOVERNORS
R obin L. Haynes phone: 509.928.4141
President - Elect e-mail: robin@mcncicewheelcr.com
ACTIVITY REPORT
July 7 - September 14, 2016
07/08/16 Planning Call: Sections Workgroup (Call)
07/11 /16 Sections Policy W orkgroup Meeting (Seattle)
07/12/16 WSBA President's Call (Call)
07/12/16 Executive Committee Meeting (Seattle)
07/18/16 WSA Diversity Orientation (Webinar)
07/19/16 BOG Nominations Committee (Call)
07/21-23/16 BOG Retreat and Meeting (Walla Walla)
07/26/16 WSBA President's Call (Call)
08/02/16 WSBA President's Call (Seattle with ED Littlewood)
08/02/16 September Diversity Panel Planning Meeting (Seattle)
08/08/16 Personnel Committee (Seattle)
08/09/16 Sections Workgroup Planning Meeting (Seattle)
08/09/16 BOG Executive Committee Meeting (Seattle)
08/12/16 Sections Policy Workgroup (Seattle)
08/15/16 BOG Legislative Committee (Call)
08/17/16 Executive Director Evaluation Meeting (Seattle)
08/23/16 BOG Special Meeting and Question & Answer Session (Seattle)
09/ 07/16 WSBA Budget & Audit Meeting (Call)
09/08/16 Sections Workgroup Planning Call

836
11404 E. Sprague Ave. / Spokane, WA 99206 / fax: 509.928.9166
09/08/16 Washington Young Lawyers Committee Leadership Call
09/09/16 Executive Committee Meeting (Bellingham)
09/13/16 President's Call (Phone)
09/14/16 WSBA Town Hall (Seattle - Panelist)
SPECIAL TY, COUNTY, AND MINORITY BARS AND COMMUNITY OUTREACH:
07/07/16 Young Women Attorney Mentoring (Spokane)
07/08/16 Center for Justice Meeting (Spokane)
07/12/16 Liz Berry (Washington State Association for Justice Executive Director) Meeting
(Seattle)
07/14 -1 6/16 Washington Defense Trial Lawyers Convention (Whistler, Canada) (Keynote for
Women's Leadership Circle Luncheon)
07/25/16 September Diversity Panel Call
07/27/16 Spokane Talks Online (a video radio show, Spokane)
08/17/16 Washington State Association for Justice Judicial Reception (Seattle)
08/19/16 Washington Leadership Institute Graduation (Seattle)
08/20/16 Sean Davis Call re Washington Young Lawyers Committee
08/26/1 6 Washington Young Lawyers Committee Conference Call
09/08/1 6 Washington State Bar Foundation , Washington Women Lawyers, Washington

Veterans' Bar Association Social (Gonzaga - Spokane)
09/09/16 W hatcom County Bar Association Lunch (Bellingham)
09/13/16 WSBA Diversity Panel: Gender, Race, and Age (Seattle - Panelist)
09/13/16 Washington Young Lawyers Committee Meeting (Selvidge & Nevitt)
09/13/16 Board for Judicial Administration Orientation Meeting (Seattle)
OUTREACH TO STAKEHOLDERS AND MENTORING:
07/07/16 Young Women Attorney Mentoring (Spokane)
07/1 1/16 Judy Massong Meeting/Foundation (Seattle)
07/12/16 Debra Carnes Meeting (Seattle)
07/14 - 16/16 Washington Defense Trial Lawyers Convention (Whistler, Canada) (Keynote for
Women's Leadership Circle Luncheon)

837
11404 E. Sprague Ave. /Spokane, WA 99206 /fax: 509.928.9166
08/02/16 Ann Danieli Meeting (Seattle)
08/03/16 Gonzaga Law Mentoring Happy Hour (Spokane)
08/24/16 9th Circuit Judicial Evaluation Panel (Tacoma)
08/25/16 University of Washington Law Mentoring Meeting (Spokane)
09/01/16 Gonzaga Law Mentoring Meeting (Spokane)
09/05/16 University of California Los Angeles Law Mentoring Meeting Call
Working Together lo Champion Justice

838
11404 E . Sprague Ave. I Spokane, WA 99206 I fax: 509.928.9166
EXECUTIVE DIRECTORS REPORT

September 20, 2016
WSBA Shows Possibly Best Finish Yet in Food Frenzy!

Continuing a several-year tradition, WSBA participated again in Food Lifelines annual Food Frenzy. The
team organizing WSBAs efforts set an ambitious goal of raising 40,000 points (5,000 more than last year)
and WSBA staff exceeded the goal by raising a total of 40,238 points. This point total translates to 278
points per capita, which garnered WSBA first place this year in the per capita total for the category of public
legal organizations! For an organization our size that achievement is indeed impressive! The results in our
category this year:
Overall:
1st Place: King County Prosecuting Attorney's Office
2nd Place: King County Department of Public Defense
3rd Place: Washington State Bar Association
Per Capita:
1st Place: Washington State Bar Association
2nd Place: King County Department of Public Defense
3rd Place: King County Prosecuting Attorneys Office
Once again, a huge thank you to those who participated and, in particular, to our staff leaders and
enthusiasts Sherry Lindner from the Office of General Counsel, Joe Terrenzio from the Advancement
Department, Jon Dawson from IT, and Laura Sanford from Advancement!!
Access to Justice Boards Technology and Justice Symposium

The Access to Justice Board, through the work of its Technology Committee, organized and hosted its first
Technology & Justice Symposium on September 9th and 10th at the University of Washington School of
Law. Nearly 100 people gathered together for the two-day event that focused on current court and legal
system technology, societal and legal technology innovation, and the Access to Justice Technology
Principles. Chief Barbara Madsen gave the opening remarks and was followed by Judge Don Horowitz (ret.)
and Office of Civil Legal Aid director Jim Bamberger who shared about the formation of the Access to Justice
Technology principles and how they have been implemented to date.
Later, through a series of panel discussion and flash talks, members of the legal community presented
their current efforts to work towards legal empowerment using technology to give people help in
accessing and securing justice. Mark OBrien, Executive Director of Pro Bono Net, and Tanina Rostain,
Professor at Georgetown Law, provided a national prospective on the use of technology to create access to
the justice system. Other speakers included Justice Steven Gonzalez, Internet Co-Founder Vint Cerf, Self-
Represented Litigation Networker Founder Richard Zorza, and University of Washington Information School
Professor Bob Boiko. Many of the attendees walked away with inspiration for ways to be more innovative
to address the justice gap, create new networks among legal professionals and technologists, and
opportunities to update and better implement the Access to Technology Principles.
839
Enhancing Volunteer Engagement with WSBA
In April 2016, WSBA staff members participated in a volunteer management training which led to the
development of an interdepartmental Volunteer Management Work Group to address challenges and
opportunities for improving engagement with the organization for our volunteers. The Work Group met
three times in June and July, and using the United Way Volunteer Management Assessment tool, identified
best practices and processes the WSBA could adopt to more efficiently and effectively accomplish the
mission of the organization and enhance the utilization and experience of our volunteers. The Work Group
will be working with the Executive Management Team and the Board of Governors throughout the year to
implement these best practices in FY17 and beyond.
Executive Director Activity Report (attached)
WSBA Demographics Report (attached)
Correspondence and Other Informational Items (attached)
Summary of WSBA Outreach Visits (attached)
Media Contacts Report (attached)
Update on Various Court Rules (attached)
840
WSBA
OFFICE OF THE EXECUTIVE DIRECTOR

Executive Director fax: 206-727-8310
ACTIVITY REPORT
July 24, 2016 - September 29, 2016
Current Service on Boards and Committees
Local: Board for Judicial Adm inistration (BJA) Policy and Planning Committee; University of Washington School of
Law Leadership Council, Executive Committee Member; University of Washington School of Law Public Interest
Law Association Board of Advisors.
National: ABA Commission on the Future of Legal Services, Member, and Co-Chair of Regulatory Opportunities
Subcommittee; Institute for the Advancement of the American Legal System (IAALS) Foundations of Practice
Advisory Board.
International : International Institute of Law Association Chief Executives (llLACE), Member Executive Committee,
and Chair Program Committee.
Meetings with Other WSBA and External Constituents
New Lawyers and Law Student s 4
Legal Community Leaders 7
Other 4
WSBA- and BOG-Related Meetings:
Board for Judicial Administration (BJA) September 16
Board for Judicial Administration (BJA) Policy Committee Meeting September 16
BOG Executive Committee Meetings 2
BOG Meeting in Seattle September 29-30
BOG President Weekly Calls 12
BOG Presi dents' Reception September 28
BOG Slide Out September 30
BOG Special Meeting & Town Hall Q&A in Seattle August 23
Limited License Legal Technician Program 3
San Juan County Bar Leadership Conference Cal l with Governor Brad Furlong September 8
Washington State Bar Foundation Board Meeting Septe mber 8
Whatcom County Bar Leadersh ip Lunch with Executive Committee September 9
841
WSBA Budget & Audit Committee Meet ing September 7
WSBA Bylaws Work Group Meet ing 2
WSBA Sections Work Group Meeting 2
WSBA Town Hall September 14
Other 9
Staff-Re lated Meetings:
Coffees w ith New Staff 6
Executive Management Team Meetings 8

Staff Advisory Forum for Employees (S.A.F.E.) 2
Weeklies with Staff Direct Reports 33
Other 5
National/ International-Related Meetings:
ABA Futures Commission Meeting Augu st 6-7
Conference Call re Presentation to Federation of Law Societi es of Canada on October 19, 2016 August 8
International Institute of Law Association Chief Executives (l lLACE) Executive Committee 2

Conference Ca lls
Presentations
Ori entation Speech at Bar Exam in Tacoma July 26
Pan el with Steve Crosslan d and Ellen Reed re LLLT Program at ACLEA 2016 Annual Conference - August 1, 2016
"The LLLT Program: History, Progress, & Upcoming Development "
Plenary Guest Speaker at ACLEA 2016 Annual Conference - "Our Changing Professio n : Ch allenges August 1, 2016
an d Opport unities"
Orientation Presentation at Gonzaga University School of Law August 18
Orientation Presentat ion at Seattl e University School of Law August 19
Coordinated Regu latory Systems Presentation to MCLE Board and Character & Fitness Board with August 19
General Counsel McElroy and Chief Disciplinary Counsel Doug Ende
Professionalism Presentatio n at Seattle University September 14
Orientat ion Presentat ion for new LLLT Students September 17
Orientation Presentation at University of Washingt on School of Law September 20
Professiona lism Presentation at Gonzaga University School of Law September 22
Professiona lism Presentation at University of Washington School of Law September 26
Organizational Events
I WSBA APEX Awa rd s Dinner September 29
842
WSBA Demographics Report* 9/19/16 3:18:36 PM GMT-07:00
By Years Licensed** By Firm Size By Practice Area By Languages Spoken
Afrikaans 3
Under 6 8,071 Solo 5,045 Administrative/regulator 1,926
Akan ltwi 4
6 to 10 5,656 Solo in Shared Office or 1,432 Agricultural 186
A lbanian
11 to 15 5,126 Government/ Public Secto 4,135 Animal Law 96 American Sion Lanol 6
Antitrust 256 Amharic 11
16 to 20 4,225 In House Counsel 2,369 37
21 to 25 4,246 Appellate 1,361 Arabic
3,980 2-5 Lawyers in Firm Armenian 5
Aviation 98 10
26 to 30 3,298 6-1 0 Lawyers in Firm 1,665 Benoali
Banking 385 Bosnian 4
31 to 35 2,995 11 -20 Lawyers in Firm 1,205 11
Bankruptcy 1,014 Bulaarian
36 to 40 2,492 21-35 Lawyers in Firm 750 Burmese 2
Business/ Commercial 4,498
41 and Over 2,214 36-50 Lawyers in Firm 497 Cambodian 6
Civil Litigation 4,599 83
51 -1 00 Lawyers in Firm 579 Cantonese
Total : 38,057 Civil Rights 847 Cebuano 2
100+ Lawyers in Firm 1,849 Collections 510 Chamorro 3
Communications 193 Cherokee
Croatian 16
Respondents 23,772 Constitutional 520 6
Czech
Construction 1,177 Danish 16
No Response 14,298
Consumer 649 Dari 1
All License Types 38,070 20
Contracts 3,538 Dutch
Eovptian 1
Corporate 2,978 47
Farsl/persian
By Ethnicity Criminal 3,621 Fijian
American Indian I Alaska Native 199 Debtor-creditor 883 Finnish
604
Asian 773 Disability 595 French
French Creole
Black/African descent 489 Dispute Resolution 1,208
Fukienese
Caucasian 20,026 Education 402 Ga/kw a
Elder 825 German. 386
H ispanic/Latina/o 480 25
Employment 2,428 Greek
Multi Racial 461 Gujarati 11
Entertainment 279 33
Other 190 Hebrew
Environmental 1,209 Hindi 70
Pacific Islander 36
Estate Planning/ Probate 3,192 Hmon!l
Respondents 22,654 10
Family 2,660 Hunoari an
Ibo 4
No Response 15,416 Foreclosure 499 8
llocano
Forfeiture 54 Indonesian 8
All License Types 38,070 13 1
General 2,708 Italian
184
Government 2,393 Japanese
Kannada/canares 1
Guardianships 796 193
By Gender By Disabled Status Korean
Health 808 Lao 6
FEMALE 9,306 y 404 Housing 227 5
Latvian
MALE 14,566 Human Rights 260 Lithuanian 3
Malav 2
Respondents 23,872 Immigration & Naturaliza 874 6
Malavalam
No Response 14,198 Indian 523 267
By LGBT Mandarin
y Insurance 1,524 Marathi 3
All License Types 38,070 457
Intellectual Property 1,927 Mon!lolian
805 Navajo
International 2
Nepali
Judicial Officer 285 Norweaian 33
Juvenile 798 Oromo 3
llAIJHIEIWtiE@i Labor 958 Other 23
18
21 to 30 1,944 1,875 Landlord/ Tenant 1,138 Persian
Polish 30
31 to 40 8,780 7,946 Land Use 659 101
Portuouese
41 to so 9,154 7,765 Legal Ethics 231 Punjabi 47
51 to 60 8,443 6,992 12
Legal Research & Writing 521 Romanian
Russian 195
61 to 70 7,479 5,822 Legislation 317 7
Samoan
71to80 1,710 1,178 Litigation 3,895 Serbian 14
Over 80 560 130 Lobbying 139 Serbo-croatian 4
700 Sian Lanauaae 20
Malpractice
Total: 38,070 31 ,708 Sin!lhalese 1
Maritime 238 2
Slovak
Military 323 Spanish 1,479
Municipal 821 Spanish Cre ole 7
Non-profit/tax Exempt 442 Swahili
Swedish 47
Not Actively Practicing 1,474 56
Ta!laloa
Oil, Gas & Energy 128 Taiwanese 11
Patent/ Trademark/ Copyr 1,127 Tamil 6
Includes active, educational purposes, emeritus, house counsel, 3,026 3
Personal Injury Teluau
foreign law consultant, honorary, inactive, indigent representative, Thai 13
Real Property 1,946 2
judicial, non-member emeritus, and military. Ti!lrinva
Real Property/ Land Use 2,135 Tonaan 1
Securities 692 Turkish 5
33
Sports 137 Ukrainian
Urdu 28
"Includes active, emeritus , house counsel, foreign law consultant, Subrogation 39 73
honorary, inactive, judicial , non-member emeritus, and military. Vietnamese
Tax 1,196 5
Yoruba
Torts 1,846
Traffic Offenses 669
Workers' Compensation 641 843
WSBA Licensing Counts* 9/19/16 3:16:18 PM GMT-07:00
@ titifud
Administrative Law
By Section - All
246
I Previous
YHr
244
Alabama
By State and Province
22
By WA County
Adams 14 1940
1941
3
2
Alaska 215 Asotin 26
Alternative Dispute Resolution 422 394 10 Benton 370 1942
Alberta
Animal Law 124 116 Arizona 300 Chelan 230
1944
Antilt\Jst, Consumer Protection and Unfair Business Practice 221 211 1945
Arkansas 12 Clackamas
Business Law 1,387 1,296 1946
Armed Forces Americas Clallam 141
1947 6
Civil Rights Law 153 134 Armed Forces Europe, Middle Eas 22 Clark 825
1948
Construction Law 532 518 Armed Forces Pacific 20 Columbia 7 1949 21
Corporate Counsel 1,086 978 British Columbia 90 Cook 1950 18
Creditor Debtor Rights 601 634 California 1,619 Cowlitz 128 1951 30
Criminal Law 517 491 Colorado 228 Douglas 21 1952 29
Elder Law 705 662 Connecticut 51 Ferry 11 1953 32
Environmental and Land Use Law 875 881 Delaware Franklin 56 1954 30
Family Law 1,348 1,286 District of Columbia 325 Gar1ield 1955 21
Health Law 398 387 Florida 230 Grant 131
1956 44
Indian Law 343 307 1957 36
Georgia 67 Grays Harbor 100
Intellectual Property 980 882 1958 45
Guam 20 Island 127
296 1959 42
lntemationa\ Practice 315 Hawaii 129 Jefferson 88
1960 33
Juvenile Law 213 223 Idaho 410 King 16,208
1961 31
Labor and Employment Law 1,042 993 Illinois 136 Kitsap 714 1962 36
Legal Assistance to Miitary Personnel 115 108 Indiana 32 Kittitas 76 1963 36
Lesbian, Gay, Bisexual, Transgender {LGBT) Law 121 111
Iowa 35 Klickitat 29 1964 47
Litigation 1,249 1,168 Kansas 26 Lewis 105 1965 81
Low Bono 135 120 Kentucky 20 Lincoln 12 1966 71
Real Property PrObate and Trust 2,378 2,405 Louisiana 47 Mason 86 1967 73
Senior lawyers 305 331 Maine 10 Mohave 1966 109
Solo and Small Practice 1,040 983 Maryland 119 Okanogan 99
1969 118
Taxation 661 638 1970 130
Massachusetts 85 Pacific 28
World Peace Through Law 114 122 1971 145
Michigan 69 Pend Oreill e 22

1972 219
Minnesota 94 Pierce 2.163
Misc Counts ... 1973 322
Mississippi 6 San Juan 72
All License Types 38,070 1974 310
Missouri 57 Skagit 259 1975 386
All WSBA Members 37, 881
0 2,964 1,687 Montana 150 Skamania 10 1976 464
Active Members in Washington 25,562
2,789 2,373 Nebraska 19 Snohomish 1,468 1977 460
Active Members in western Washington 21,816
1,846 1,544 Nevada 133 Spokane 1,829 1978 509
Active Members in King County 14,547
3 New Hampshire 12 Steven s 53 1979 551
2,004 1,721 Active Members in eastern Washington 3,155
New Jersey 64 Thurston 1,506 1980 565
4 1,330 1,143 New/Young Lawyers 7,074
New Mexico 62 Wahkiakum 9 1981 589
5 2,911 2,447 MCLE Reporting Group 1 9,920
1982 563
6 3,074 2,626 NewYot1< 219 WanaWalla 105
MCLE Reporting Group 2 11,096 602
1983
7N 5,103 4,467 North Carolina 81 Whatcom 519
MCLE Reporting Group 3 10,641 1964 694
7S 6,799 5,761 Member Type In WA State IMi !M North Dakota
Northern Mariana Islands
11
6
Whitman
Yakima
76
444
1985 487
8 2,046 1,761 Active Attorney 25,562 31,708 1966 751
9 4,574 3,919 Nova Scotia 650
Educational Purposes 2 2 1987
10 2,638 2,259 Ohio 73
Emeritus 96 103 1966 612
Oklahoma 25 1989 647
36,058 31,708 Foreign Law Consultant 13 19
Ontario 14 1990 766
Honorary 317 361
Oregon 2,595 1991 781
House Counsel 147 150
Pennsylvania 76 1992 773
Inactive Attorney 2,101 5,081
Puerto Rico 1993 818
Indigent Representative 8 10
Quebec 1994 832
Judicial 607 628
1995 846
Military Rhode I stand 11
1996 776
Saskatchewan
1997 886
South Carolina 26
1998 824
South Dakota 8 869
1999
Includes active, educational purposes, emeritus, house Tennessee 43
2000 882
counsel, foreign law consultant, honorary, Inactive, indigent Texas 305 2001 954
representat ive, judicial , no n-member emeritus, and military. Utah 153 200 2 1,031
Vermont 14 2003 1,060
Virginia 279 2004 1,0 78
The values In the A ll column are reset to zero at the beginning
Virgin Islands 2005 1,086
of the WSBA fis cal year (Oct 1). The Previous Year column Is
Washington 28,661 2006 1,129
the total from the last day of the fiscal year (Sep 30). WSBA staff
with complimentary membership are not inc luded In the counts. West Virginia 2007 1,202
2008 1,114
Wsconsin 38
2009 1,027
Wyoming 24
Per WSBA Bylaws 'Members' include active, emerit us, 2010 1,108
ho norary, i nactive and j ud icial license types. 2011 1,090
2012 1,134
2013 1,285
2014 1,433
20 15 1,766
2016 836
844
Spokane
County
Bar
Associationrn
Volunteer
Lawyers Program
1704 W. Broadway
July 19, 2016
Spokane, WA 99201
Attorneys Only: (509) 443-3457

Current Client: (509) 413-241 5
Intake Line: (509) 324-0144
CLEAR: (888) 201-1014
Fax: (509) 232-3051 Ms. Paula Littlewood
Executive Director
OFFICERS
Jennifer C. Hanson, President 1325 Fourth Ave nue, Suite 600
Marla Carc1 Hoskins, Prasident-
ElecVSecretary Seattle , WA 98101
William M. Symmes, Treasurer
DIRECTORS Re: Memoriam donation, Mr. Dick Hayes

David P. Gardner
Carl J. Oreskovich Dear Ms. Littlewood:
Thomas N. Treppiedi
April L. Anderson
Jenae M. Ball Thank you for the recent contribution to the Spokane County Bar Association's
Steven J. Dixson Volunteer Lawyers Program (VLP). We received a check in the amount of
YLD PRESIDENT
$100.00 in memoriam for Mr. Dick Hayes. Angie, his daughter was very
appreciative of your kindness in his memory. We are th ankful that you thought
Todd J. Adolphson
of our program for this gift.
VLP STAFF
Lynn M. Mounsey Thank you again for this donation.
Executive Director
lynn@spokanebar.org
509-995-9898 Sincerely,
o~~~
Dee E. Cook
Volunteer Lawyers
Program Coordinator
dcook@spokanebar.org
509-443-3457 Dee Cook
Program Coordinator
Elena Pavlenco
Volunteer Lawyers Vo lunteer Lawyers Program
Program Paralegal
elena@sookanebar.org
509-413-2415
Kelly Schumacker
Volunteer Lawyers Program
Admin. Assistant
kelly@spokanebar.org
HIE ALLI ANCE

. ., .
845
August 15, 2016
Governor Jay Inslee

Office of the Governor
PO Box 40002
Olympia , WA 98504- 0002
MEMBERS Chief Administrative Law Judge Lorra ine Lee Office of Admi nistrative
Breean L. Beggs Hearings
PO Box 42488
Hon. Laura Bradley Olympia, WA 98504-2488
Hon. Anita Crawford-Willis
lshbel Dickens, Chair Re: Rule for Access to Administrative Justice for Persons with Disabilities
Nicholas P. Gellert
Dear Governor I nslee and Chief Judge Lee:
Lynn Greiner
Mirya Munoz-Roach The State Supreme Court's Access to Justice Board ("ATJ Board") urges
you to g rant the petition filed by C.B., The Korematsu Center, and
Geoffrey G. Revelle, Chair-Elect
Disability Rights Washington, to adopt a ru le mandating reasonable
Andrew N. Sachs accommodation for participants in administrati ve hearings similar to
General Rule (GR) 33 for j udicial hearings. This includes representational
accommodation for ind ividuals whose disabilities interfere with their ability
STAFF
to und ersta nd or participa te in the proceedings to a degree that they are
Diana Singleton denied equal and meaningful access to the hearing process.
Access to Justice Manager
(206) 7278282
We wrote to Chief Judge Lee on March 3, 2015 , urging the Office of
dianas@wsba.org
Administrative Hearings (OAH) to submit to the rulemaking process the
model rule OAH presented in a pre- proposa l statement of inquiry filed in
February 2014. Despite the lega l req uirements of the Americans with
Disabilities Act (ADA) and the Washingto n Law Against Discrimination
THE ALLIANCE (WLAD ) to accommodate persons with disabilities, no action has been
for Eq1t11! juuice
SUPPORUlt
taken to promulgate the rule.
It is our understanding that concern was raised over the cost of the rule
and t he provisions for charging the cost back to the adm inistrative
age ncies. Experience in t he courts, particularly Pierce County Superior
Court, demonstrates that t he appointment of counsel in civil cases is a rare
occurrence and that the cost has not overwhelmed t he system. Pierce
Cou nty pays attorneys $85 per hour for representation in civil cases. While
the cost is not overwhelmingly large, even if it is somewhat burdensome ,
the constitutional requirement remains.
Th e Wash ington Supreme Court recogn izes t hat t he law requires

accommodation in the judicial branch. It adopted General Rule 33 in 2007
to provide a standard process for accommodation requests in the courts.
GR 33 incl udes appointment of counsel as an accommod ation where
necessary for a party w ith a disability to have equal and meaningful access
to the judicia l system. The righ t to eq ua l, mean ingfu l access exists w it h t he
same force in the administrative hearing system. The agency should
initiate ru le-making proceedings to recogn ize this rig ht in accordance with
RCW 34.05.320 and .330.
Access to Justice Board. 1325 Fourth Avenue- Suite 600, Seattle, WA 98101-2539 Phone: 206 727-8200. Fax: 206 727-8310
www.wsba.org/atj
Established by The Supreme Court of Washington Administered by the Washington State Bar Association 846
Page2
Federal administrative tribunals recognize the right to represen tational accommodation. For
example, pursuant to a federal court injunction in 2013 and subsequent settlement, the
U.S. Department of Justice and the Department of Homeland Security provide a qualifi ed
representative to unrepresented detainees who are deemed mentally incompetent to
represent themselves in immigration proceed ings. Fra nco- Gonzalez v. Holder, 767 F.
Supp.2d 1034 (C.D. Cal. 2010). The requirements include proacti ve id entification and
individua l screeni ng to identify detainees with serious menta l disorders or conditions that
may render them unable to effectively represent themselves.
The ATJ Board works to achieve eq ual access for those facing economic and other significant
barriers. One of the duties of the ATJ Board and its com mittees is to constructively examine,
evaluate, advise and advocate on issues, concerns and conditions within the ATJ Board's scope.
Representational accommodation is essential to provide access to the administrative justice
syst em and make OAH heari ngs accessibl e and meaningful t o parties with disabilities. We u rge
you to grant the petition and promulgate a rule to require OAH to cond uct an individua lized
evaluation of the effects of an appellant's impairments on the abili ty to represent him or
herself at a hearing. When the evaluation determi nes that a reasonable accommodation for
appointment of counsel is needed, OAH should appoint counsel. Failure to appoint counsel
when necessary as a reasonable accommodation v iolates federa l and state disabilit y law and
renders meaningless the due process guarantees of the federal and state constitutions.
Thank you for your careful attention and response.
Sincerely,
Ishbel Dickens, Chair

Access to Justice Board
cc: Paula Littlewood, WSBA Executive Director
Access to Justice Board, 1325 Fourth Avenue-Suite 600, Seattle, WA 98101-2539 Phone: 206 727-8200, Fax: 206 727-8310
www.wsba.org/atj
Established by The Supreme Court of Washington Administered by the Washington State Bar Association 847
WSBA
OFFICE OF THE EXECUTIVE DIRECTOR

August 19, 2016
Hon. Charles W . Johnson

Washington Supreme Court
PO Box 40929
Olympia, WA 98504
RE: WSBA Council on Public Defense Comment on Proposed Amendment to RAP 14.2
Dear Justice Johnson,
I am writing to share with you the enclosed comment from the Washington State Bar Association's
Council on Public Defense regarding proposed amendments to RAP 14.2. These comments have been
approved through the WSBA's legislative and court rule comment policy and the comments are solely
those of the Council on Public Defense.
The WSBA Council on Public Defense unites prosecutors, members of the public and private defense bar,
the bench, elected officials and the public to address new and recurring issues impacting the public
defense system and the public that depends upon it.
The Council appreciates the Court's con sideration of this comment.
Sincerely,
Encl.
cc: President William Hyslop, WSBA Board of Governors

Brooks Holland, Chair, Council on Public Defense
Shannon Hinchcliff, AOC
~~o rking Together t o Champion J ustice

848
Washington State Bar Association B25 F ourth Avenu e, Suite 600 /Sea ttle, WA 98101 206-239-2120 / fax: 206-727-8310
\i\!ashington State Chapter
A nierican Immigration Lawyers A ssociation
Chair:
Cynthia Irvine
Hanis Irvine Prothero, PLLC
6703 S. 234'" Street. Suite 300
Kent, WA 98032
Tel: (253) 520-5000
August 24, 20 16
Fax (253) 893-5007
Email: cirvine@hiplawfirm.com Executive Director Paula Littlewood
Vice Chair: Washington State Bar Association
Qingqing Miao
Lane Powell, PC
1325 4th Ave #600
1420 Fifth Avenue, Suite 4200 Seattle, WA 98 101
Seattle, WA 98111
Tel: (206) 223-7031
Fax: (206) 223-7107 Re: 2016-2017 Officers
Email: miaoq@lanepowell.com
American Immigration Lawyers Association, Washington Chapter
Secretary:
Marsha T. Mavunkel
Ryan, Swanson & Cleveland, PLLC Greetings:
1201 Third Avenue, Suite 3400
Seattle, WA 98101
Tel: (206) 654-2253 We would like to take the opportunity to introduce you to the current officers of the
Fax: (206) 652-2952
Email: mavunkel@ryanlaw.com Washington State Chapter of the American Immi gration Lawyers Association
Treasurer:
(AILA).
John L. Wheaton
Attorney at Law
1001 4111 Avenue Plaza, Suite 3200 . Chair - Cynthia Irvine (Kent)
Seattle. WA 98154 Vice Chair - Qingqing Miao (Seattle)
Tel: (206) 829-8214
Fax: (206) 260-8962 Secretary - Marsha T. Mavunkel (Seattle)
Email: jlwheaton@gmail.com Treasurer - John L. Wheaton (Seattle)
Membership Chair: Membership Chair - Daniell e Doyle (Seattle)
Danielle Doyle
615 Second Avenue, Suite 350 Program Chai r - Elizabeth Hawk ins (S horel ine)
Seattle WA 98104 Immediate Past Chair - A. Carin Weinrich (Seattle)
Tel: (206) 427-9094
Email: daniellemdoyle@gmail.com New Member Liaison - Bri ttany Lowe (Redmond)
Program Chair:
Elizabeth Hawkins AILA is a national organi zati on of over 13,000 attorneys who practice and teach
Hawkins Law Group PLLC
17544 Midvale Avenue N immigrati on law. We welco me yo u to contact us if we or ou r organization could be
Suite 301 of assistance to you.
Shoreline, WA 98133
Tel: (206) 728-4220
Fax: (206) 973-5326
Email:
ehawkins@hawkinsimmigralivn.com Best regards,
Immediate Past Chair:
A. Carin Weinrich
/
Soreff Law ,,-
: ... /'.- ~It
705 Second Avenue, Suite 1601
Seattle, WA 98104
/
/
- ,' !I",!
Tel: (206) 282-1955

Fax: (206) 382-7074
Email: carinw@sorefflaw.com
Marsha T. Mavunkel
New Member Liaison:
Secretary
Brittany Lowe
Brittany Lowe Legal Services, PLLC
8201164th Avenue NE #200
Redmond, WA 98052
Tel: (206) 395-6250
Email: brit@brittanylowelegal.com
849
WSBA
Paula C. Littlewoo d d irect line: 206-239-2120

August 31 , 2016
Hon. Charles Johnson

Temple of Justice
P.O. Box 40929
Olympia, WA 98504-0929
RE: Request you received to review Superior Court Mandatory Arbitration Rules
Dear Justice Johnson,
Thank you for forwarding the coITespondence you received from attorney Don Gulliford
regarding his request for review and possible modification of the Superior Court Mandatory
Arbitration Rules ("MARs") to address issues of lack of uniformity among courts in setting
compensation for court appointed arbitrators.
We will forward Mr. Gulliford 's request to the Chair of the WSBA Court Rules Committee,
Shannon Kilpatrick. Although the MARs are not on the Supreme Court's review schedule for
2016-20 17, the Committee may consider requests for review of rules that are not on the
schedule. These are assigned to a specific subcommittee established for that purpose. The next
meeting of the WSBA Court Rules Committee is on October 17, 2016.
We will respond directly to Mr. Gulliford by separate letter acknowledging receipt of his request
and explaining that his request will be forwarded to Ms. Kilpatrick for consideration.
Sincerely,
~(__~
Paula C. Littlewood
Executive Director
Cc: Shannon Kilpatrick, Chair, WSBA Court Rules and Procedures Committee
Shannon Hinchcliffe, Administrative Office of the Courts
Kevin Bank, Staff Liaiso n, WSBA Court Rules and Procedures Committee
850
WSBA

Executive Di.rector fax: 206-727-8310
August 31, 2016
Don M. Gulliford
Attorney at Law
8232 East Mercer Way
Mercer Island, WA 98040-5621
RE: Request to review Superior Court Mandatory Arbitration Rules
Dear Mr. Gulliford,
The Honorable Justice Charles Jolmson has forwarded to me your request for review and
possible modification of the Superior Court Mandatory Arbitration Rules ("MARs") to address
issues of lack of uniformity among courts in setting compensation for court appointed arbitrators.
I am forwarding your request to the Chair of the WSBA Court Rules Committee, Shannon
Kilpatrick. She will be contacting you to explain the Committee's process for handling requests
to review specific rules.
If you have any questions in the interim, please feel free to contact WSBA Assistant General
Counsel Kevin Bank at 206-733-5909 or kevinb@wsba.org. Mr. Bank is the WSBA staff
liaison to the WSBA Court Rules Committee.
Sincerely,
~(__~
Paula C. Littlewood
Executive Director
Cc: Shannon Kilpatrick, Chair, WSBA Court Rules and Procedures Committee
Shannon Hinchcliffe, Administrative Office of the Coutts
Kevin Bank, Staff Liaison, WSBA Court Rules and Procedures Committee
851
'Q}fy.e~1rpn~me Qfnur
~taie of ~uz~in.gton
CHARLE S W. J OHNSON ( 360) 357 - 2020
.JUSTICE FACSIMILE (360) 357-2 103
T EMPLE O F .JU S T ICE
E-MAI L .J_C . .JO HNSON@COURTS.WA.GOV
POST OFFICE B ox 40929
OLYMPI A, WASHINGTON
I .? v a"'10---:;-;;-;-:.;;,:-;:;-:-;:;-11
r;:;Ol"3 'O ~'1
3f, __ J,.,,,_.,.. J -- - -' '"
1 J Fl i
,
98504-0929
1 -------------1 l
! :.lOilt:!~.JSS~ t3l8 3t.'.~~ :----t:!~~~!L:>i/,\ ~
:
Q~ 07. l 1 9n'i II Puri
\ l
I
August 15, 2016 ._ ________J , _,-, i I
I
lj l
1'\ _.i. !,
L_..._----- .-... . . . . - .
Paula Littlewood, Executive Director
vVashington State Bar Association
Dear Paula:
The court recently received a request to review the Superior Court

Mandatory Arbitration Rules (MARs) for statewide inconsistencies in mandatory
arbitration compensation from an attorney member of the public. This letter was
referred to me as chair of the Supreme Court Rules Committee. After my review, I
feel it is more suitable to refer these concerns to the WSBA to determine whether
the WSBA Court Rules and Procedures Committee should examine them in a more
comprehensive manner during their regularly scheduled review of the MARs.
Thank you for your assistance in this matter. Please let me know if you have
any questions.
Ver~-:-t(
rL~Y yours,
i - /- ;
l/ ~k~G~
Charles W. Johnson, Chair
Supreme Court Rules cdmmittee
Enclosure
cc: Chief Justice Barbara Madsen
852
'(Q:q2~upr.em.e (!four
~tute nf ~as~ininn
CHARLES W. .JOHNSON ( 360 ) 357-2020
.JUSTICE FACSIMILE (360 ) 357 2 I 03
T EMPLE OF" .JUSTICE EMAIL .J_ C . .JOHNSON@COURTS . WA .GOV
POST OF"F"ICE Box 40929
OLYMPIA, WASHINGTON
98504-0929
August 15, 2016
Mr. Don M . Gulliford

Mercer Island, WA 98040-562 1
Dear Mr. Gulliford:
Thank you for your letter dated June 17, 2016, generally requesting changes
to the Superi or Court 11andatory Arbitration Rules (MARs). As chair of the
Supreme Court Rules Committee, I have reviewed the letter and am sending a copy
to the vVashington State Bar Association to consider assigning to their WSBA
Court Rules and Procedures Committee to review. The committee is comprised of
attorneys and court representatives and has a regular schedule of review for
classifications of court rules including MARs.
Your comparative chart may be helpful to their review and any resultant
suggested rule change which could address the statewide uniformity of cost
ceilings and the possible need to specify costs attributed to "administrative time."
Thank you again for your submission. It was a pleasure to attend and speak at the
luncheon.
L,/
Charles W. Johnson, Chair
Supreme Court Rules dommittee
853
Don M. Gulliford
Attorney at Law
WSBA 1825

Mercer Island, WA 98040-5621
Ph (206) 232-0183
Fx (206) 275-3043
dongulli ford@comcast.net
...
Hon. Barbara Madsen, Chief Justice

P.O. Box 40929
Olympia, WA 98504 6/17/2016
Dear Justice Madsen:
As a mandatory arbitrator, I recently finished, and sent in

a Request for Compensation in what turned out to be
a 5 law firm "saga, stretching out months without the
law firms' agreement to an arbitration hearing date.
Although I understood why 2 late-coming/joining law

firms wanted theirsay in arbitrator appointment, leading
to a cognizant judge allowing a new appointment, the
court declined my request for excess hourly compensation
over that court's LMAR $1,000 ceiling cap, commenting
(correctly) that some of all rrly many hours itemized were
for "administrative time."
I have been "stewing" for some time on writing an article
854
er- . ...,
-2-
regarding what I perceive to be differences in .Washington

counties' courts on mandatory arbitration compensation.
So I made up what I think is a current comparative "chart"

which is attached, showing differences.
Realizing that you and the Court have other things on

your plate, and bigger fish-to-fry, I respectfully submit
that some revision may be appropriate to our MARs,
making compensation uniform in our counties' courts,
specifying that "administrative time" (perhaps up to some
hours ...... ) shall be compensable, and probably still
preserving over-limit review by Presiding, or arbitration
cognizant judges.
Thanks for yours and any MAR committee's consideration.

I appreciated your speech at the Senior Lawyers' Seminar
lunch last month.
Sincerely, . ,,{)_ AAA

lVQ'vitrn
Don M. Gulliford
WSBA 1825 encl. "chart"
855
COUNTY REQ. COMP. "CEILINGi"CAP NOTES
Benton-Franklin $1000 uoaPJ* $25.00 cost reimb.
Chelan Per statute; $1000 ceiling*
Clark Per statute no ceiling*
Clallam per statute; $500 ceiling* $25.00 costs
Cowlitz per statute; capped at 6 hrs costs allowable*
Douglas MAR rules rescinded 9-1-2015
Grant per statute; including mileage (unique in Wash courts)
King per statute; no ceiling
Kitsap per statute; $650 ceiling*
Klickitat-Skamania per statute $500 ceiling *
Lewis per statute $500 ceiling*
Mason per statute $1000 ceiling*
Okanogan LMARs apparently do not cover
Pierce per statute; $1000 ceiling* $10 cost allowable
Skagit per statute; $1000 ceiling *
Snohomish per statute; $1250 ceiling* $50 costs allowed
Spokane per statute; no ceiling
Thurston per statute; $500 ceiling* 1 hr admin. time allowed
Whatcom per statute; no ceiling aII P.J reviwed
Yakima per statute; $1000 ceiling
. : * unless otherwise approved by Pres. Judge, or all Reqs Comp PJ reviewed.
856
KITSAP COUNTY DISTRICT COURT
CLAffiE M. BRADLEY, JUDGE 614 Division Street, MS-25 MARlLY G. PAJA, JUDGE
DEPARTMENT NO. I Port Orchard, WA 98366 DEPARTMENT NO. 3
Phone (360) 337-7109
JEFFREY J. JAHNS, JUDGE Fax 337-4865 STEPHEN J. HOLMAN , JUDGE
DEPARTMENT NO. 2 DEPARTMENT NO. 4
MA URI CE H. BAKER
COURT AOMINI STRA TOR
31 August2016
Ms. Shanthi Prema Raghu, J.D. . .- . G=\

Education Programs Lead ' :. ----. .... '--- - ........ ! ).,
Washington State Bar Association ---. ; : ! I .
1325 Fourth Avenue, Suite 600 .. ( SFP OR lOlti

Seattle, WA 98101-2539 '
': \: i~ ::>-_: .:~. .:-!. i.-:: "'~Xi: :~ ::-;J~::-~~-.~- :;.,>1
UF ~iGE O: -t~:: :_.:rr,1~;: ~'.~ ~ 1
- -- ~ ------- ..... ""-------- . .... ~-~-- --
Re. Pro tem Training, August 19-20, 2016
Dear Ms. Raghu:
I was honored to be asked to serve as the master of ceremonies at the presentation of

Attorney Training for Service as Pro tem: District and Municipal Court held this year August 19-
20, 2016. On behalf of the Diversity Committee of the District & Municipal Court Judges
Association (DMCJA), I want to thank you very much for your service at this training. Your
persistent effort to organize the speakers and materials for the event and the inclusion of a very
beneficial day-long preparation meeting of (almost) all speakers was essential to the success of
the training. Your teamwork with the Administrative Office of the Courts Education
Professional, the Interpreter Commission, and the Minority and Justice Commission was a huge
plus. And your communication with the WSBA to secure scholarship funding for two well-
qualified attendees is very much appreciated as well. I haven't seen the attendee written
evaluations yet, so I'm sure we will have more detail then, but the questions and comments from
the audience on site seemed very positive and enthusiastic.
This fourth bie1mial presentation by the DMCJA in partnership with the Washington
State Bar Association (WSBA) has the goal of enlarging the pool of attorneys who are interested
and educated in service as a judicial officers pro tempore, and more specifically to encourage the
ranks of the appointed and elected judiciary to reflect the rich diversity of our own communities.
Previous attendees now serve as pro tern judges around the state - some are now elected or
appointed judges themselves. At least two were faculty at this training.
We will be meeting in the coming weeks to debrief from the training. We will try to give
you notice so that you might attend. I know that, in support of our mission for this training, we
would love to see the statistics for attendance and diversity if that is avail ab le. We have already
857
September 1, 2016
Page 2of2
conunitted to further discussion about the financial support of the training by the WSBA
(perhaps in the fonn of donated space for the program, lowered tuition for minority bar members
or on-go ing scholarships such as were offered this year). Obviously we also need to
conununicate more effectively with the WSBA in terms of the fom1 of advertising to the minority
bar associations as well. If you have any conm1ents at all, at any time, please contact me or
Judge Willie Gregory, Chair of the DMCJA Diversity Conm1ittee by phone or email. His email
is Willie.Gregorv@seattle.gov, and mine is mpaja@co .kitsap.wa.gov.
The questions and conm1ents from the attendees, both in person and on-line, reflected
their interest. The recording of the presentations and the materials you helped us prepare and
disseminate will be available to other interested lawyers through the WSBA for many years to
come.
In about six weeks, the names of those you helped us prepare fo r service as a judge pro
tem will be disseminated to all of the DMCJA membership and will also be available to Superior
Court Judges who wish to receive it. Again thank you for everything - we couldn't have done it
without you and the WSBA.
Sincerely,
Cc: Judge Willie Gregory, Chair ofDMCJA Diversity Committee

Judge G. Scott Marinella, DMCJA President
Ms . Paula Littlewood, WSBA Executive Director
858
KITSAP COUNTY DISTRICT COURT
CLAIRE M. BRADLEY, JUDGE 614 Di vis ion Street, MS-25 MARILYN G. PAJA, JUDGE
DEPARTi\IENT NO. I Port Orchard, WA 98366 DEPARTi\IENT NO. 3
Phone (360) 337-7109
JEFFR EY J. JAHNS, J UDGE Fax 337-4865 STEPHEN J. HOLMAN, J UDGE
DEPARTi\IENT 1\0. 2 DEPARTi\IENT NO. 4
MAURICE H. BAKER
COURT ADi\llNISTRATOR
06 September 2016
Ms. Paula Littlewood

Executive Director
1325 Fornih A venue, Suite 600
Re. Pro tem Training, August 19-20, 20 16
Dear Ms. Littlewood:
I was honored to be asked. to serve as the master of ceremonies at the presentation of

Attorney Training for Service as Pro tem: District and Municipal Court held this year August 19-
20, 2016. On behalf of the Diversity Committee of the District & Municipal Corni Judges
Association (DMCJA), I want to thank you very much for the considerable and continuing
support of the Washington State Bar Association to this training. This year the WSBA funded
two scholarships to well-qualified attendees who are members of minority bar associations to
attend this training at no cost. Thank you.
I believe we had about 100 attendees this year, spread about equally between on-line and
in-person attendees, and with cons iderable geographic diversity. The staff in your CLE program
could not have been more helpful. Ms. Shanthi Raghu helped us all the way through. Melissa
Hamasaki was essential in the last few days leading up to the event, and Rex Nolte, the on-site
CLE staff person (who did everything from IT to audio, on-line question management to ti me-
keep ing) was a terrific help . l haven't seen the attendee vvritten evaluations yet, so I'm sure we
will have more detail then, but the questions and comments from the audience on site seemed
very posi tive and enthusiastic.
You may recall back in 2009, you and I discussed the paucity of diversity in the judiciary
statewide. This is our fourth biennial presentation by the DMCJA in partnership with the
Washington State Bar Association (WSBA) with the goal of enlarging the pool of attorneys who
are interested and educated in service as judicial officers pro tempore, and more specifically to
encourage the ranks of the appointed and elected judiciary to reflect the rich diversity of our own
comm unities. Previous attendees now serve as pro tern judges around the state - some are now
859
September 6, 2016
Page 2of3
elected or appointed judges themselves. At least two were faculty at this 2016 training!
Although there has been some progress, we have not yet completed our mission or this
project. In 1988, the Washington population was 4,575,000 of which l 0.6% were identifi ed as
minorities. Only 5% of active members of the WSBA were minorities, and only about 4 percent
of state judges were minorities. By 1990, only 16, 4.3% of the 37 1 Washington state judges at all
levels were minorities. 1
Twenty years later, in 2009, there were still only 30 ethnic and racially diverse judges in
our State. 2 Although progress has been made, particularly with white women judicial officers,
according to 20 14 Washington state statistics contained in the national research article Gavel
Gap3 there is room for more additional development of well-qual ified members of the judiciary
who also reflect the diversity of their own communities:
Women of Color (Population= 15%, State Judges= 4%)

White Women (Population= 35%, State Judges= 34%)
Men of Color (Pop = 16%, Judges = 6%)
White Men (Pop = 34%, Judges= 56%)
We will be meeting in the coming weeks to debrief from the training. In support of our
mi ssion for this training, I have asked Ms. Raghu fo r the statistics for attendance at this training,
including diversity if that is available. Recognizing the high cost of producing so many CLE
hours, the vo lunteer judicial branch instructors, and the high cost of CLE credits to members of
minority bar associations, we have already committed to fmiher discussion about the financial
support of the training by the WSBA (perhaps in the form of paiiially donated space for the
program, lowered tuition for minority bar members or on-going scholarships such as were
generously provided this year). Given the changes in perso1mel at the WSBA and in the judicial
branch and the DMCJA Diversity Committee, we also need to communicate more effectively
with the WSBA in terms of what advertising wi ll be directed to the minority bar associations or
others so that we can best further our miss ion. If you have any comments at all, at any t ime,
please contact me or Judge Willie Gregory, Chair of the DMCJA Diversity Co mmittee by phone
or email. His email is Willi e.Gregory@seattle.gov,and mine is mpaja@co.kitsap.wa.gov .
T he questions and comments from the attendees, both in person and on-line, reflected
their interest in this training. In my small court alone, in the past week, I 've had fi ve attendees
contact me about getting on the pro tern roster. The usual WSBA CLE protoco ls including
I Washington State Minority and Justice Task Force, Final Report, December 1990 at p. 79.
http://www.cou rts. wa.2.ov/comm inee/pd f/Task Force.pd f
2 Washington State Racial and Ethnic Minority Judges, March 2009.
http://www.COLI rts. wa. gov/co mmittee/pd r/M inori tyJ uclges. pd f
3 The Gavel Gap: Who Sits in Judgment on State courts?, Tracey E. George and Albert 1-1. Yoon , American
Constitution Soc iety for Law and Policy, 20 14, http://gavelgap.org/
860
September 6, 20 16
Page 3 of 3
profess ional recording of the presentations and the materials we prov ided will bethis training
available to other interested lawyers for many years to come.
In about six weeks, the names of those the DMCJA and WSBA prepared for service as a
judge pro tern will be disseminated to all of the DMCJA membership and will also be available
to Superior Court Judges who w ish to receive it. Again, on behalf of the DMCJA Diversity
Committee, we thank you and the WSBA Board of Directors. We co uldn ' t have accomplished
so much without yom inspiration and the ongoing support of WSBA.
Sincerely,
_/ (
,/ (~
-Judge Marily1
Member, DM
Cc: Judge Willie Gregory, Chair of DMCJA Diversity Committee

Judge G. Scott Marinella, DMCJA President
Ms. Cynthia Delostrinos, Manager of Supreme Court Commiss ions
Encl - 2016 Pro tem Training Agenda
861
Program Schedule
Attorney Training for
Service as Pro Tern:
District and Municipal Court
Friday, August 19 - Saturday, August 20, 2016
- DAY 1 -
7:30 a .m. Check-in Walk-in Registration Coffee and Pastry Service
8:20 a.m. Welcome and Introduction

Justice Steven Gonzalez, Washington State Supreme Court, Olympia, WA
Judge Marilyn Paja, Kitsap County District Court, Port Orchard
8:35 a.m. Pro Tern Basics

During thi s session you will learn simple tips and strategies to get on and STAY
on a Court's pro tern list. This presentation will include a broad overview of
calendars, case management, recognition of the importance of court staff, and the
identification of other strategies and procedures to improve your ability to serve
as an effective Judge Pro Tern. As a result of this segment, you will be able to:
Recognize and utilize effective time management and case management skills
Learn best practices to stay on a Pro Tern list
Judge Karli Jorgensen, Kent Municipal Court, Kent
9:20 a.m. Transitions to the Bench

Now that you're on a different side of the bench, how do you transition from being
an advocate to being a neutral and detached judicial officer? In this segment, you
will learn about you r new role and the required changes you will need to make
to be a well-qualified and honest judicial offi cer, to ensure people's rights are
protected; to project yourself in a way that treats people with dignity and respect;
to be prepared for the day; and above all, conduct yourself in a way that fosters
trust in the court. As a result of this segment, you will be able to:
Recognize difference between old role vs. new role as pro tern
Communicate your role and actions to all parties in the courtroom
Identify specific Canons in the Code of Judicial Conduct that apply
Familiarize yourself with court forms & instructions; statutes; case law; and
other resources
Distinguish how to be patient and professional from the bench
Judge Mary Logan, City of Spokane Municipal Court, Spokane
Schedule continued on next page
16979SEA!WEB ATTORNEY TRAINING FOR SER VICE AS PRO TEM: DISTRICT AND MUNICIPAL COURT iii
862
Program Schedule (cont.)
10:05 a.m . BREAK

10:20 a.m . Working with Court Personnel
Court staff can "make you" or "break you." Working with court personnel is
tantamount to your continued success as a pro tern. In this section you will le~rn
the best ways to interact with court personnel and the importance of fostering
these professional relationships. As a result of this segment , you will be able to:
Recognize the role and importance of court staff
Learn when to ask for assistance
Learn how to stay on time and on track
Judge Linda Coburn, Edmonds Municipal Court, Edmonds
Judge Lisa O' Toole, King County District Court, Redmond
Margaret Yetter, Kent Municipal Court, Kent
11 :20 a.m. Technology in the Court

The Judicial Access Browser System (JABS) uses a web browser to display
information stored in the Judicial Information System (J IS) . JABS redu~es
the complexity of accessing JIS and displays information such as statewide
individual case histories; statewide domestic violence information; case summary
descriptions; charge or violation summary descriptions; case participan~s;
protection order history for an individual ; protection order history associated with
a specific case, etc. As a result of this segment, you will be able to:
Gain an understanding of the JABS: What is it and why do I need it?
Access JABS with updated security
Search JABS by name or case
Find information under JABS tabs
Maneuver the calendar in JABS
Decipher the DOL Abstract
Sara McNish, Administrative Office of the Courts, Olympia
Judge Melanie Dane, Black Diamond Municipal Court, Black Diamond
12:05 p.m. LUNCH on your own
1:05 p.m . Eth ics and Conflicts

During this session and th rough the use of scenarios and ethics opinions, faculty
will discuss the application of the Code of Judicial Conduct, Canons and rules
as they pertain to pro tempore judicial officers. As a result of this segment, you
will be able to:
Apply an analytical framework to solve ethical problems , particularly in cases
with potential conflict
Distinguish between mandatory and discretionary disqua lification
Locate and read Ethics Advisory Opinions
J. Reiko Ca/Iner, Washington Commission on Judicial Conduct, Olympia
Judge Ketu Shah, King County District Court, Bellevue
16979SEAIWEB ATTORNEY TRA INING FOR SER VICE AS PRO TEM : DISTRICT A ND MUNICIPAL CO URT iv
863
2:20 p.m. Wo r king with Court Interpret ers

Participants will learn the difference between translation and interpreting; the role
of the interpreter during a court setting; how to work with court interpreters; and the
uses/misuses of court interpreters. As a result of this segment, you will be able to:
Recognize the need for court interpreters when addressing access to justice
issues for non-English speaking or deaf/hard of hearing individuals in the
court room.
Gain an understanding of the interpreter's role and responsibilities
Spot and address incorrect use of court interpreters
Judge Tam Bui, Snohomish County District Court, Everett
Emma Garkavi, Seattle Municipal Court, Seattle
3:20 p .m. BREAK
3:35 p.m. Rol e, Judicial Demeanor, and Practice Bias

During this segment, participants will be recognize how their judicial demeanor
plays an important role in protecting the dignity of the court and the judicial process
while ensuring the litigants are at ease enough to tell thei r sto ries. As a result of
this segment, you will be able to:
Explore how to avoid practice bias
Recognize why perception matters
Assess your role and demeanor
Set and maintain courtroom decorum
Judge N. Scott Stewart, Issaquah Municipal Court, Issaquah
4:35 p.m. Adjourn Complete Evaluati on Fo rms
- DAY 2 -
7:30 a.m . Chec k-in Walk-in Registration Coffee and Pastry Service
8:20 a.m. Welcome Bac k

8:30 a.m . Pro Se Litigants, Contempt of Court, Dealing with Difficult Litig ants ,
Ta king Guilty Pl eas, and Waiver of Ri ghts
Through the use of exa mples and hypotheticals, faculty will discuss best practices
concerning pro se civil and criminal litigants at critical stages of the proceedings.
As a result of this segment, you will be able to:
Recognize and honor the Right to Counsel
Develop skills to manage difficult litigants in the civil and criminal courtroom
Locate best practice materials and forms
Judge Charles Short, Okanogan County District Court, Okanogan
10:00 a.m. BREAK
10:15 a.m. Pro Se Litig ants , Contempt of Court, Dealing w ith Diffi c ult Liti gants ,
Takin g Guilty Pl eas, and Waiver of Rig hts (co n't)
16979SEAJWEB A TTORNEY TRA INING FOR SERVICE A S PRO TEM: DISTRICT AND MUNI CIPA L COURT ' v
864
11:15 a.m. Judges' Panel with Q&A on Fulfilling the Role of Judge
During th is fina l segment, the faculty from the 1.5 days will reconvene and answer
questions from the audience.
Moderator: Judge Marilyn Paja, Kitsap County District Court, Port Orchard
Judge Linda Coburn, Edmonds Municipal Court, Edmonds
Justice Steven Gonzalez, Washington State Supreme Court, Olympia
Judge Charles Short, Okanogan County District Court, Okanogan
12:30 p.m . Adjourn Complete Evaluation Forms
16979SEAIWEB ATTORNEY TRAINING FOR SERVICE AS PRO TEM: DISTRICT AND MUNICIPAL COURT vi
865
I
STATE OF WASHINGTON
OFFICE OF ADMINISTRATIVE HEARINGS
2420 Bristol Court SW PO Box 42488 Olympia, Waslli11gto11 98504-2488
(360) 407-2700 FAX (360) 664-8721 111111111.oall. wa.gov
September 12, 2016
Ishbel Dickens, Chair

Access to Justice Board
Dear Ms. Dickens:
Re: Petition for Rulemaking on Representational Accommodation
Thank you for your letter dated August 15, 2016 in support of the rulemaking petition filed by C.B., the
Korematsu Center at the Seattle University School of Law and Disabilities Rights Washington. I
appreciate your interest in the important topic of addressing the needs of administrative hearings
appellants with cognitive disabilities that could affect their ability to represent themselves before the
Office of Administrative Hearings (OAR).
The petition requested that OAR promulgate a new rule in Chapter 10-08 of the Washington
Administrative Code (WAC). It also requested that OAR adopt the Model Agency Rule on
Representational Accommodation in Administrative Hearings as set forth in the "Ensuring Equal Access
for People with Disabilities A Guide for Washington Administrative Proceedings" desk guide.
After careful consideration of the petition, I am moving forward on rulemaking to promulgate a new rule
that will address the assessment process and accommodation response by OAR in those cases where a
party's cognitive disabilities might necessitate accommodation. The enclosed CR 101 Preproposal
Statement of Inquiry was filed on September 7.
The CR I 01 outlines the objectives and four main elements that the new rule will address (1) assessment,
(2) accommodation response, (3) training, and (4) data collection. Please note that the accommodation
response contemplates the establishment of a network of "ombuds" persons who would be trained by
OAR to assist individuals with cognitive disabilities determined by OAR to need representational
accommodation. OAR is very experienced with pro se appellants and lay representatives who appear on
behalf of appellants in our proceedings.
866
Ishbel Dickens
September 12, 2016
Page 2
OAH holds hearings for more than 20 state agencies spanning more than 150 different programs. Over a
year's time, more than 40,000 appeals requests are adjudicated by OAH Adminishative Law Judges
(ALJs). Given that any rule promulgated under WAC 10-08 would apply to OAH hearings regardless of
the referring agency or the program that is the subject of hearing dispute, it is critical that thoughtful
discussion and a comprehensive rev iew of issues occur during the rulemaking process. Thus, I will be
convening a rulemaking workgroup that will develop the language for the rule proposal based on the
objectives and elements described in the CR I 01.
I invite you, or your designee, to be a member of this workgroup. The workgroup composition includes
representatives from the Governor's Policy Office, Disability Rights Washington, and four state agencies
(Employment Security Dept, .Health Care Authorily, Dept of Social and Health Services, Dept of Labor &
Industries). Associate Professor Lisa Brodoff has already agreed to be on this workgroup. Workgroup
members will bring a broad range of perspectives, which will provide a healthy vetting of the issues and
careful development of language for clear guidance on OAH processes and activities.
OAR Deputy Chief Ed Pesik will chair this workgroup. Other OAH workgroup members are Assistant
Chief Johnette Sullivan (OAH Risk Manager and ADA Coordinator) and Lead ALJ Jeff Manson. All
three have extensive legal experience and OAH expettise.
There have been many discussions over the years on how best to meet the needs of individuals whose
cognitive disabilities might preclude their meaningful pa1ticipation in OAR hearings. I believe working
together via collaborative discussions in th is rulemaking eff01t will encourage the best thinking needed to
consider due process principles, laws relating to accommodation for people with disabilities, and practical
considerations.
Please let us know the whether you or another person from the ATJ Board will be participating as a
workgroup member. Feel free to call Deputy Chief Pesik, (360) 407-2713, or me (360) 407-2710, if you
have any questions.
Sincerely,
)
~,-
c~
cc: Paula Littlewood, WSBA Executive Director
867
CR-101 (June 2004)
PREPROPOSAL STATEMENT OF INQUIRY (Implements RCW 34.05.310)
Do NOT use for expedited rule making
Agency: Office of Administrative Hearings (OAH)

Representation at OAH administrative hearings in a new rule in Chapter 10-08
Subject of possible rule making:
WAC, relating to the assessment process and accommodation response for litigants with cognitive disabilities at
administrative hearings.
Statutes authorizing the agency to adopt rules on this subjec*: RCW 34.12.080
Reasons why rules on this subject may be needed and what they might accomplisli: See attachment
Identify other federal and state agencies that regulate this subject and the process coordinating the rule with these agencies:
Chapter 10-08 WAC serves as the Model Rules of Procedure for administrative hearings under the Administrative
Procedure Act (APA). Therefore, the new rule would apply to any APA administrative hearing unless there is a
specific agency rule that addresses the issue of accommodation for litigants with cognitive disabilities.-
We will share the draft rule proposal with interested persons or agencies.
Process for developing new rule (check all that apply):

0 Negotiated rule making
0 Pilot rule making
0 Agency study
X Other (describe) A workgroup will be convened by the Chief Administrative Law Judge to develop the
language for the rule proposed, addressing the. main rulemaking objectives and elements of (1) assessment, (2)
accommodation response, (3) training, and (4) data collection.
How interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before
publication:
(List names, addresses, telephone, fax numbers, and e-mail of persons to contact; describe meetings, other exchanges of information,
etc.)
Ed Pesik, Deputy Chief, PO Box 42489, Olympia, WA 98504-2488; (360) 407-2713; Ed .Pesik@oah .wa.gov
DATE
September 7, 2016 CODE REVISER USE ONLY
OFFICE Of THE CODE REVISER

II
STATE OF WASHINGTON
NAM_E (TYPE OR PRINT)
Lorraine Lee
FILED
.1
SIGNATURE
TIME: 11:42 AM I
WSR 16-18-096
TITLE
Chief Administrative Law Judge
I
868
Attachment:
This rulemaking is initiated in response to the Petition filed by CB (a resident of Washington) and the Fred T. Korematsu
Center for Law & Equality, Seattle University Law School. The petition requested that a new rule be adopted to provide an
assessment for representational accommodation for appellants in administrative hearings. The Access to Justice Board and
Disability Rights Washington have submitted letters of support urging rulemaking on this topic.
Main objectives:
Establish within OAH a process for OAH Administrative Law Judges (ALJs) to refer a party with cognitive
disabilities to the OAH ADA Coordinator to review, conduct an assessment and handle the issue
(assessment determines extent of mental impairment and appropriate response).
Establish a network of "ombuds" persons to assist those pro se parties with accessing OAH's
administrative appeals processes (comparable to non-disabled prose appellants) and to ensure that they
are not denied equal and meaningful access to the hearing process.
Establish a training program for (1) OAH ALJs and support staff and (2) ombuds persons who are trained
to assist pro se parties determined to need assistance with the OAH hearing process.
Rule proposal elements:

Assessment
Establish a process for OAH ALJs to refer to the OAH ADA coordinator when an issue is raised on
whether a litigant's cognitive disabilities precludes meaningful access to the OAH hearing process
Establish a "reasonable belief' standard for when an ALJ's referral to the ADA Coordinator is appropriate
Establish separate process and file for responding to the party's need due to cognitive disabilities
Protect the party's privacy interest by maintaining a separate flle that is kept confidential (from the other
party) and from the ALJ presiding over the hearing on the merits
Establish the OAH ADA coordinator as the first decision-maker on whether accommodation is necessary
with an appeal opportunity to the Chief ALJ
Accommodation Response
IF accommodation is determined to be necessary, OAH will provide a "ombuds" person to assist the party
at no cost to the party
OAH will establish a network of ombuds persons who can be appointed by OAH to assist these individuals
Training
OAH will provide training at least every two years to OAH ALJs and support staff
OAH will establish a training program for individuals who can serve as an "ombuds" person to assist those
who are determined by OAH as needing representational accommodation because of cognitive disabilities
and to ensure that they are not denied equal and meaningful access to OAH hearing process.
Data collection:
Tracking of and annual reporting to referring agencies on the number of representational accommodation
requests and the resolution of such requests.
869
WSBA
BOARD OF GOVERNORS
William D . H yslop phone: 509.455.9555

Prc,;idenr e-mail: why,;lo p@ lukin::.com
August 17, 2016

P. 0 . Box 40209
Olympia, WA 98504-0929
Re: Report of the Board of Governors of the Washington State Bar Association on the
Recommenda tions of the Escalating Costs of Civil Lit igation Task Force
Dear Justice Madsen and Members of the Court:
With this letter, we are very pleased to transmit to you and the members of the Court the Report of the
Board of Governors on the Recomme ndations of the Escalating Costs of Civil Litigation Task Force . The
Board of Governors adopt ed this Report at its July 22-23, 2016, meeting.
As you know from our briefing provided to the Court last February, the BOG formed the ECCL Task Force
in 2011 fo llowing a 2007 ABA survey, whe re 80 percent of respondents described litigation as cost
prohibitive, and a 2009 WSBA survey, where members agreed (39%) or strongly agreed (36%) that
litigation costs have become prohibitive. The Task Force was chartered, amongst other things, to
"assess the current cost of civil litigation in Washington State courts and make recommendations on
controlling those costs." The Task Force was comprised of seventeen Judges, attorneys, and others,
including Justice Stephens who served from the Supreme Cou rt, and thirty-two additional subcommittee
members representing experience in special ized areas. Together, they studied the issues, conducted
another substantial survey, and wo rked continuously on the development of recommendations unti l
their Final Report t o the BOG in June 2015.
Beginning in the Fall of 2015 through the adoption of the att ached Report of the Board of Governors,
the BOG heard presentations on the various sections of the Task Force's recommendations and received
live testimony from interested members and stakeholder gro ups on each of the twelve Task Force
recommendations. Throughout both the Task Force's work and the review by the BOG, substantial
member input was received and considered. The BOG reviewed the Task Force's Final Report, its survey
and supporting work, the w ritten comments and input to the Task Force, and the written and oral
comments and input to the BOG.
The BOG then voted to support o r not suppo rt the Task Force' s recommendations at its June 20 16
meeting. With the attached materials, you will find the BOG's report and decisions on each of the
twelve recommendations, the Task Force's Fina l Report to the BOG, and t he substantial support ing
materials and public input. Thi s has been a very thorough and de li berate process.
870
Washington Supreme Cou1t
August 17, 20 16
Page 2
Ordinarily, the next step would be to convene a rule-drafting group to prepare and propose civi l rule
changes to effectuate the accepted re commendations which would then be ultimately forwarded to the
Court for con sideration. All agree this will be a significant task. Before convening such a group of WSBA
member volunteers, the BOG seeks guidance from the Court: Is there interest from the Supreme Court
to consider these rul e changes for this process to proceed? The BOG is mindful that the Court is not
being asked for a binding or an advisory opinion. Rather, if there is modest interest from the Court to
co nsider these rule changes, the BOG would take that informati on into serious consideration in deciding
whether and how to proceed.
As stated at the end of both the ECCL Task Force Fin al Report and the BOG's Report, thi s is a significant
effort to "make our court s both affordable and accessible while preserving the paramount goal of justly
resolving disputes." With the decisions by the BOG to support some of the Task Force's
recommendations, " the BOG believes that the process begun in 2011 should continue t owa rd
implementation of meaningful change, which will have a positive impact upon the costs of civil litigation
in Washington Courts."
We appreciate the Court's review of the attached Report and these materials. We loo k forward t o any
input or questions the Court may wish to offer. Thank you very much.
William D. Hyslop
cc: Paula Littlewood, Exec ive Director

Russ Aoki, ECCL Task Force Chair
871
COMMUNICATIONS DEPARTMENT
Susan Strach an phone: 206 733-5903

Legal Community Outreach Special ist e-mail : susanst @wsba.org
Summary of WSBA Outreach Visits

July 9, 2016 - September 26, 2016
1. 8/5/16 Kitsap County Bar Association Legal Community Outreach Specialist Sue
(Port Orchard) Strachan attended this monthly county
bar meeting.
2. 8/10/16 Mason County Bar Association Legal Community Outreach Specialist Sue
(Shelton) Strachan attended this monthly county
bar meeting.
3. 8/31/16 Seattle University School of Regulato ry Services Counsel Tom Rowan

Law and Admissions Manager Gus Quiniones
(Seattle) spoke to law students about the bar
exam and character & fitness
requirements for the admission to
practice law.
4. 9/7/16 WSBA Community Networking Diversity Program Man ager Joy Williams,
Event (co-sponsored with and Diversity, Inclusion and Equity
Wa shington Women Lawyers Program Coordinator Dana Barnett
and the Washington State facilitated this event.
Veterans Bar Association)
(Richland)
5. 9/8/16 San Juan County Bar Governor Brad Furlong and Governor Jill
Association Karmy, along with Executive Director
(Teleconference) Paula Littlewood and Chief
Communications Officer Debra Carnes,
hosted a phone conference call with
members of the San Juan County Bar
Association .
872
Debra Carn es 206-733-5930
Chief Comm unications Offi cer debrac@wsba.org
Summary of Media Contacts

July 8 - September 15, 2016
1. 7/11/16 Brock Tanner, Sky Valley Seeking Supreme Court documents

Chronicle on the disbarment of Ann Block.
2. 7/12/16- Cameron Probert, ifiber TV Requesting documents on the final
7/15/16 decision on the Angus Lee appeal.
3. 7/15/15 Richard Byrd, Columbia Basin Requesting all records relating to
Herald the M ay 6 hearing on Angu s Lee.
4. 7/26/16 Levi Pul kkinen, Seattlep i.com Seeking disbarment documents on
Alan Mark Singer.
5. 8/8/16 Nina Shapiro, Seattle Times Seeking information on attorneys
being investigated relating to the
Nooksack tribe.
6. 9/1/16 Michael Barba, San Francisco Seeking disciplinary records on
Examiner Salvador Lopez Barr.
7. 9/7/16 Ta shania Morris, National Interviewed Steve Crossland and
Association for Legal Paula Littlew ood for a story on LLLTs
Professionals for their publication.
8. 9/12/16 LeAnn Bjerken, Spokane Intervi ewed Steve Crossland and
Journal of Business Paula Littlewood on the LLLT
program . A story to potenti ally run
at a later date.
Wa shington Stat e Bar Association 2101 Fourth Avenue, Suite 400 /Seattle, WA 98121-2330 206-727-8200
873
WSBA
Kevin Ban k direct line: 206-733-5909

Assistant General Com1Sel fa'<: 206-727-83 14
e-mail: kevinb@wsba.org
To: The President, President-elect, Immediate Past-President, and Board of

Governors
From: Kevin Bank, Assistant General Counsel
Date: July 5, 2016
Re: Court Rules Update
This is the regular report on the status of suggested court rules submitted by the Board
of Governors and other entities to the Supreme Court. Any changes from the last report
are indicated in bold, shaded italicized text.
SUGGESTED RULE AMENDMENTS SUBMITTED BY WSBA TO SUPREME COURT

..
BOG
RULE SUBJECT COURT ACTION
ACTION
APR 11 Revisions to APR 11 , Approved for 12/06/2012: Court
part of the submission ordered publication,
comprehensive revisions to Court comment period to end
developed and proposed 09/20/2012. 04/30/2013, except for
by APR Task Force. APR 11, which will be
considered by the Court
separately at a later date.
On 07/10/13 the Court
adopted everything
except for APR 11,
effective 01 /01 /14. An
MCLE taskforce will
continue to work on APR
11 .
8/25/14: The MCLE Task
Force submitted its report
and recommendations
together with a re-write of
Page 1 of 11
874
.

..
BOG
ACTION
APR 11 to the Board of
Governors for discussion
at its July 25, 2014
meeting . A Proposed
APR 11 is scheduled for
approval by the BOG at
its September meeting so
it can be submitted to the
Court in October in
accordance with GR 9.
10/23/14: The proposed
new APR 11 was
submitted to the Court at
the end of September.
11 /6/14: The Court
entered an order to
publish the proposed
amendments for a 60 day
comment period
4/2/2015: Court adopted
rule effective January 1,
2016.
APR12 Amendment to Append ix Approved for 11 /6/14: The Court
APR 12 - Regulations submission entered an order to
to Court publish the proposed
September amendments for
2014. comment, with comments
to be submitted no later
than April 30, 2015.
12/2/15: The Court

adopted the rule.
APR12 Amendments to APR 12 Approved for 11 /6/14: The Court
- Limited Practice Rules submission entered an order to
for Limited Practice to Court publish the proposed
Officers; Rules for September amendments for
Enforcement of Limited 2014. comment, with comments
Practice Officer Conduct to be submitted no later
(ELPOC); and APR 12 than April 30, 2015.
Appendix - Continuing 1/6/2016: The Court
Education Regulations of adopted the rule.
the Limited Practice
Board 2/10/16: The Court
Page 2of11
875
.. ......
BOG
ACTION
issued an amended order
adopting the rule but
clarifying that the
Continuing Education
Regulations will no longer
be published in
Washington Reports.
APR 20-25.6 Amendments to Approved for 5/14/15: Sent to Court;
Admission and Practice submission will be considered at
Rules regarding to Court April October Court Rules
character and fitness 2015 Committee meeting .
reviews.
11/4/15: The Court
entered an order to
amendments for
comment, with comments
6/2/16: The Court

adopted the rules
effective September 1,
2016
CR 33(c) Adding the words Approved for 10/23/14: No Court action
"including electronically submission yet; the proposed rule
stored information" in the to the Court change was submitted to
rule . at BOG's the Court by WSBA via
September letter dated 10/02/14.
2014
meeting . 11/6/14: The Court
entered an order to
amendments for
11/4/15: The Court

adopted the rule.
CrRLJ 2.1 Remove provisions Approved for 10/23/14: no Court action
allowing for citizen submission yet; the proposed rule
complaints to the Court change was submitted to
Page 3 of11
876
, - BOG
ACTION
at BOG's the Court by WSBA via
September letter dated 10/02/14.
2014
meeting. 11 /6/14: The Court
entered an order to
amendments for
ELC 15, ELC Regarding Random 3/19/15: 6/4/15: Court entered an
3.6, and ELC audits of Trust Accounts. Approved for order to publish the
7.2 submission proposed amendments
to Court. for comments to be
submitted no later than
9/30/15.
11 /4/15: The Court

adopted the rules.
Proposed Proposed Amendments 11/14/2014: 3/24/2015: Court adopted
Amendments to Rules of Professional Approved rules effective
to Lawyer Conduct RPC 1.0B - submission 4/14/2015 . Court also
Rules of Terms, and New to Court. ordered WSBA to solicit
Professional Comments to RPC 1.5, and gather feedback on
Conduct- RPC 1.8 - Conflict of these rules and provide it
various Interest, RPC 1.10 - to the court by 1/14/2016.
suggested by Imputation of Conflicts of
LLLT Board Interest: General Rule,
RPC 1.15A(h)(9) -
Safeguarding Property,
RPC 1 .17 - Sale of Law
Practice, Title 3 -
Advocate, Title 4 -
Transactions with
Persons Other Than
Clients, RPC 5.8 -
Misconduct Involving
Disbarred , Suspended ,
Resigned, and Inactive
Lawyers, New RPC 5.9
and 5.10 - Lawyers
Associated in a Law Firm
with LLL Ts, Title 7 -
Page 4of11
877
BOG
ACTION
Information about Legal
Services and Title 8 -
Maintaining the Integrity
of the Profession.
ER1101and Proposed Amendments Approved for 11 /4/15: The Court
IRLJ 2.5 and to ER 1101 -When submission adopted the rules.
3.1 Rules Need Not Be to Court at
Applied, IRLJ 2.5 - BOG's July
Failure to Respond and 2015
I RLJ 3.1 - Contested meeting.
Hearings-Preliminary
Proceedings.
RP Cs Proposed Amendments Approved for 11 /4/15: The Court
to RPC 1.0A- submission entered an order to
Terminology, RPC 1.1 - to Court at publish the proposed
Competence, RPC 1.2 - BOG's amendments for
Scope of Representation September comment, with comments
and Allocation, RPC 1.4 2015 to be submitted no later
- Communication, RPC meeting. than April 30, 2016.
1.5 - Fees, RPC 1.6 -
Confidentiality of 6/2/16: The Court
Information, RPC 1.10 - adopted the rules
Imputation of Conflicts of effective September 1,
Interest: General Rule, 2016.
RPC 1.14 - Client with
Diminished Capacity,
RPC 1.17 - Sale of Law
Practice, RPC 1.18 -
Duties to Prospective
Client, RPC 4.4 -
Respect for Rights of
Third Person, RPC 5.3 -
Professional
Independence of a
Lawyer, RPC 5.5 -
Unauthorized Practice of
Law; Multijurisdictional
Practice of Law, RPC 6.5
- Nonprofit and Court-
Annexed Limited Legal
Service Programs, RPC
7 .1 - Communications
ConcerninQ a Lawyers
Page 5 of11
878
-
BOG
ACTION
Services, RPC 7.2 -
Advertising, RPC 7.3 -
Direct Contact with
Prospective Clients, and
RPC 8.5 - Disciplinary
Authority; Choice of Law.
Enforcement of The Limited License N/A 1/7/16: The Court entered
Limited Legal Technician Board an order to implement the
License Legal recommended the system.
Technician interim adoption of the
Conduct Enforcement of Limited
License Legal
Technician Conduct in
order to establish a
system for the
Enforcement of the
Limited License Legal
Technician Rules of
LLLT Proposed The Limited License N/A 3/7/16: The Court entered
Amendments Legal Technician Board an order to publish the
(LLLT) recommended proposed amendments
the proposed for a 45 day comment
amendments to APR period.
28C - LLLT, APR 28D -
Requirements for 6/2/16: The Court
Applicants, APR 28F - adopted the rules
Limited Practice Rule for effective immediately.
LLLT , APR 28 App. 28
Regulation 2 - Practice
Areas-Scope of Practice
Authorized by LLLT
Rule, APR 28 App. 28
Regulation 3 - Education
Requirements for
Applicants.
Page 6 of11
879
SUGGESTED RULE AMENDMENTS SUBMITTiED BY OTHERS
GR 14.1 & RAP WA Supreme Court and WA Court 07/16/2015: The Court
13.4(b) of Appeals proposed amendments ordered the rules published
to GR 14.1 - Citation to for comment, comment
Unpublished Opinions, and RAP period ending April 30, 2016.
13.4(b) - Considerations Governing
Acceptance of Review. 6/2/16: The Court adopted
the rules.
JISCR 13 Judicial Information System 12/3/14: The Court entered
Committee (JISC) proposed an order to publish the
amendments to this rule to define proposed amendments for
"electronic court record system," to comment, with comments to
clarify that JISC approval is be submitted no later than 30
required for all electronic court days from the date of
record systems, to provide for publication (Jan. 23, 2015).
increased notice of proposed
systems, and to require courts with
alternative electronic court record
systems to comply with the JIS
Data Standards for Alternative
Electronic Court Record Systems.
GR 18 Appendix The Administrative Office of the 12/3/14: The Court entered
Courts recommended the Proposed an order to publish the
Amendments to GR 18 Appendix - proposed amendments for
Concerning Jury Source List. comment, with comments to
be submitted no later than
April 30, 2015.
11 /4/15: The Court adopted

the rule effective January 1,
2016.
CrRLJ 3.2(o) The District Municipal Court 12/3/14: The Court entered
Judges' Association recommended an order to publish the
the Proposed Amendments to proposed amendments for
CrRLJ 3.2( o) - Release of comment, with comments to
Accused. be submitted no later than
April 30, 2015.
11 /4/15: The Court adopted

the rule.
GR27 Amendments to Courthouse 4/2/2015: Court published for
Facilitator rule suggested by County comment. Comment period
Clerks. ends 4/30/2016.
3/16/16: The Court amended

the previous Order and
Page 7 of 11
880
SUGGESTED RULE AMENDMENTS SUBMITTED BY OTHERS
extended the comment

period to 5/31 /16.
6/29/16: The Court adopted

the rule.
CrR 8.10 and Amendments to Post Trial Contact 4/2/2015: Court published for
CrRLJ 8.13 with Jurors Rules suggested by Comment. Comment period
Washington Association of Criminal ends 4/30/2016.
Defense Lawyers.
3/16/16: The Court amended
the previous Order and
extended the comment
period to 5/31 /16.
RAP 13.4(f), RAP Justice McCloud recommended the 11 /4/15: The Court adopted
13.5, RAP 17.4 expeditious adoption of the the rules.
Proposed Amendment to RAP
13.4(f), RAP 13.5(c) - Discretionary
Review of Interlocutory Decision ,
RAP 17.4 - Filing and Service of
Motion - Answer to Motion.
GR 14 Appendix The Office of Report of Decisions 11 /4/15: The Court adopted
recommended the expeditious the rules.
adoption of the Proposed
Amendment to Appendix GR 14
Office of Reporter of Decisions
Style Sheet.
GR26 The Board for Judicial 11 /4/15: The Court adopted
Administration's Court Education the rules.
Committee recommended the
expeditious adoption of the
Proposed Amendment to GR 26 -
Mandatory Continuing Judicial
Education and GR 26 Standards -
Washington State Judicial
Education Mandatory Continuing
Jud icial Education Standards.
RAP 15.4 The Office of Public Defense 11 /4/15: The Court adopted
recommended the expeditious the rules.
adoption of the Proposed
Amendment to RAP 15.4 - Claim
for Payment of Expense for Indigent
Party.
APR 11 The Superior Court Judges' 11 /4/15: The Court entered
Association recommended the an order to publish the
Page 8 of 11
881
Proposed Amendments to APR 11 proposed amendments for

- Continuing Legal Education. comment, with comments to
April 30, 2016.
CrR 4.2(g), JuCR The Washington State Pattern 12/2/15: T he Court adopted
7.7, CrRLJ 4.2(g) Forms Committee recommended the rules.
the expeditious adoption of the
Proposed Amendment to CrR
4.2(g) - Pleas; Statement of
Defendant on Plea of Guilty to Non-
Sex Offense, Statement of
Defendant on Plea of Guilty to Sex
Offense, "Offender Registration"
Attachment, JuCR 7.7 - Statement
of Juvenile on Plea of Guilty;
"Offender Registration" Attachment,
and CrRLJ 4.2(g) - Pleas and
Pretrial Disposition; Statement of
Defendant on Plea of Guilty,
"Offender Registration" Attachment,
"DUI" Attachment, Misdemeanor
DU I Sentencing Attachment.
CRLJ 26. CRLJ The District and Municipal Judges' 12/2/15: The Court entered
56 Association recommended the an order to publish the
suggested amendments to CRLJ 26 proposed amendments for
- Discovery, and CRLJ 56 - comment, with comments to
Summary Judgment. be submitted no later than
April 30, 2016 .
6/2/16: The Court adopted

the rules.
CrRLJ 3.2 The District and Municipal Court 12/2/15: The Court entered
Judges' Association recommended an order to publish the
the suggested amendments to proposed amendments for
CrRLJ 3.2 - Release of Accused. comment, with comments to
April 30, 2016.
GR 11.1 & The Supreme Court Rules 3/30/16: The Court adopted
GR 11.2 Committee recommended the the rules .
expeditious adoption of the
proposed amendments to GR 11 .1 -
Purpose and Scope of Interpreter
Commission, and GR 11.2 - Code
of Conduct for Court Interpreters.
)
Page 9of11
882
.
RAP 9.2(b) The Office of Public Defense 3/30/16: The Court entered
recommended the proposed an order to publish the
amendment to RAP 9.2 - Claim for proposed amendments for
Payment of Expense for Indigent comment, with comments to
Party. be submitted no later than
June 30 , 2016.
GR28 Judge Joh Antosz recommended 3/30/16: The Court entered
the proposed amendment to GR 28 an order to publish the
- Jury Service Postponement, proposed amendments for
Excusal, and Disqualification . comment, with comments to
June 30, 2016.
New Rule GR 36 The Trial Court Advisory Board 3/30/16: The Court entered
amendment to New Rule GR 36- proposed amendments for
Trial Court Security. comment, with comments to
June 30, 2016 .
RAP 9.2(b) The Office of Public Defense 4/12/16: The Court entered
amendment to RAP 9.2(b) - proposed amendments for
Verbatim Report of Proceedings. comment, with comments to
June 30, 2016.
CR 28(a) The Washington Court Reporters 6/2/16: The Court adopted
Association recommended the the rule.
proposed amendments to CR 28(a)
- Person Before Whom Depositions
May Be Taken.
RAP 14.2 The Appellate Cost Workgroup 6/2/16: The Court entered an
recommended the proposed order to publish the proposed
amendments to RAP 14.2 - Who is amendments for comment,
Entitled to Costs. with comments to be
submitted no later than
August 20, 2016.
CR 28(d), CR The Washington Court Reporters 6/2/16: The Court entered an
28(e), CR Association recommended the order to publish the proposed
30(b)(1), and CR proposed amendments to CR 28(d), amendments for comment,
80(d) and new subsection (e) - Persons with comments to be
before whom Depositions may be submitted no later than
taken, CR 30(b)(1) - Depositions August 20, 2016 .
Upon Oral Examination, and CR
80(d) - Court Reporters.
Page 10of11
883
'
SUGGESTED RULE AMENDMENTS SUBMITTED BY OTflERS
CrR 4.2(g), JuCR The Washington State Pattern 6/29/16: The Court adopted
7.7, CrRLJ 4.2(g), Forms Committee recommended the rules.
and CrRLJ 4.2(i) the expeditious adoption of the
proposed changes to CrR 4.2(g)
Statement of Defendant on Plea of
Guilty to Non-Sex Offenses; CrR
4.2(g) Statement of Defendant on
Plea of Guilty Sex Offense; CrR
4.2(g) Felony Firearm Offender
Registration Attachment JuCR 7.7
Statement on Plea of Guilty, JuCR
7.7 Felony Firearm Offender
Registration Attachment; CrRLJ
4.2(g) Statement of Defendant on
Plea of Guilty; CrRLJ 4.2(g) "DUI"
Attachment; CrRLJ 4.2(i) Petition
for Deferred Prosecution; and
CrRLJ 4.2(i) Petition for Deferred
Prosecution of Criminal
Mistreatment Charge.
Page 11of11
884
MEMORANDUM
FROM: Kathleen Hopkins, WSBA Delegate to the ABA House of Delegates
SUBJECT: 2016 Annual Meeting of the American Bar Association and

Meeting of the House of Delegates
REPORT ON THE ABA ANNUAL MEETING
The 138th Annual Meeting of the American Bar Association (the "ABA" or the
"Association") was held August 3-9, 2016, at the Moscone Convention Center West, in
San Francisco, California. Wide varieties of programs were sponsored by committees,
sections, divisions, forums and affiliated organizations. The House of Delegates met for
one and a half days. The Meeting of the Membership was held and the Nominating
Committee also met.
The Nominating Committee sponsored a "Coffee with the Candidate" Forum on

Sunday, August 7, 2016. Robert M. Carlson of Montana, candidate for President-Elect
seeking nomination at the 2017 Midyear Meeting gave a speech to the Nominating
Committee and to the members of the Association present and responded to questions.
THE HOUSE OF DELEGATES
The House of Delegates of the American Bar Association (the "House") met on
Monday, August 8, and Tuesday, August 9, 2016. Patricia Lee Refo of Arizona
presided as Chair of the House of Delegates.
The Travis United States Air Force Base Honor Guard presented the colors. The
invocation for the House was delivered by Canon Julia McCray-Goldsmith of California.
The Chair of the House Committee on Credentials and Admissions, Hon . Leslie Miller of
Arizona, welcomed the new members of the House, reported the results of the 2015
Five-Year Review, and moved that the signed roster be approved as the permanent
roster for this meeting of the House. The motion was approved.
Reginald M. Turner, Jr. of Michigan , Chair of the Committee on Rules and

Calendar, provided a report on the Final Calendar for the House, including recently filed
reports. He moved to adopt the final calendar and approve the list of individuals who
sought privileges of the floor. Both motions were approved. Mr. Turner noted that the
deadline for submission of Resolutions with Reports for the 2017 Midyear Meeting is
885
Wednesday, November 16, 2016, while the deadline for Informational Reports is Friday,
December 2, 2016. He also referred to the consent calendar, noting the deadline for
removing an item from the consent calendar or from the list of resolutions to be
archived. Mr. Turner reminded the House of the treatment of Reports 400A and 4008
regarding the archiving of policies.
Later in the day, Mr. Turner moved the items remaining on the consent calendar.
The motion was approved.
Deceased members of the House were named and remembered by a moment of

silence. Chair Refo recognized Richard Lipton of Illinois to speak in honor of Kenneth
W. Gideon. Chair Refo also recognized Michael S. Greco of Massachusetts to speak in
honor of Roy Hammer, Robert N. Weiner of the District of Columbia to speak in honor of
Esther Lardent, Michael Haywood Reed of Pennsylvania to speak in honor of the
Honorable Norma L. Shapiro, Judy Perry Martinez of Louisiana to speak in honor of
Ambassador John G. Weinmann, and Claire P. Gutekunst of New York to speak in
honor of Robert Macerate, former ABA President.
Chair Refo also asked for recognition of those who had given their lives in
defense of our freedom.
For more details of the House meeting , see the following two-part report of the
House session. The first part of the report provides a synopsis of the speeches and
reports made to the House. The second part provides a summary of the action on the
resolutions presented to the House.
I. SPEECHES AND REPORTS MADE TO THE HOUSE OF DELEGATES

(Click on statement links as applicable to view video of statements and remarks)
Statement by the Chair of the House of Delegates
Patricia Lee Refo of Arizona, Chair of the House of Delegates, welcomed the
delegates in the House and thanked the ABA Communications and Media Relations
Division for informing ABA members, the legal community and the general public about
developments in the House. Chair Refo also recognized members of the various House
committees.
Chair Refo extended a special welcome to new members of the House and
recognized those delegates who have served the House for 25 years or longer.
In her statement to the House, Chair Refo discussed the procedure for
addressing the business and calendar of the House. She recognized and thanked the
Committee on Rules and Calendar, chaired by Reginald M. Turner, Jr. and comprised of
members Kim Askew, Joseph D. O'Connor, Christina Plum, and Charles J. Vigil and
Committee staff, Alpha Brady and Rochelle Evans.
2
886
Chair Refo recognized the Fund for Justice and Education ('FJE") as the ABA's
charitable arm and urged member support of FJE. She also recognized the importance
of the ABA Legal Opportunity Scholarship Fund, which is an FJE project.
Chair Refo highlighted the important policy role of the House, identifying recent
successes where the ABA urged Congress to support the Legal Services Corporation
and reauthorization of the Violence Against Women Act. She encouraged all members
to be active in the ABA Grassroots Action Team and participate in ABA Day in
Washington, D.C. The next ABA Day will be April 25-27, 2017.
Statement by the Secretary
Secretary Mary T. Torres of New Mexico moved that the proposed Summary of
Action for the House for the 2016 San Diego Midyear Meeting be adopted as the official
record of the House. The motion was approved. Secretary Torres also moved that the
House adopt the recommendations for the continuation of certain special committees
and commissions (Report 177A). The motion was approved.
Statement by the ABA President
ABA President Paulette Brown of New Jersey began by stating how deeply
grateful she was for the past year. It was a year she will not soon forget. She has
emerged stronger, more enlightened, and more determined to use her law degree to
help others.
When she began her year, she asked that the ABA heed the words of Charles
Hamilton Houston's admonition to use their law degrees to be "social engineers" for
justice. She wanted to focus on the ABA's four goals - particularly those that build on
our commitment to defend liberty and deliver justice. She also committed to furthering
the association's work toward a more diverse and inclusive profession and to serve the
ABA members. She is thrilled to report that with the help of hard-working ABA
members around the country, the ABA has achieved the goals and much more.
In her Main Street Initiative, President Brown took the ABA to its members.
President Brown made approximately 320 domestic visits in all 50 states, the District of
Columbia, and two territories. She listened, learned and spread the good news about
what the ABA is doing for its profession, its members, and its country. She also learned
what its lawyers do for the ABA and the communities they serve.
In each place, lawyers , law students, young people, educators, and ordinary
citizens were excited to meet the President of the ABA. She carries fond memories of
extra special moments that will live with her forever. Each encounter affirmed President
Brown's belief that while we as a people sometimes have conflicting interests, as
lawyers we are joined by a mutual love for the country, the profession we share , and for
each other. This includes a common desire to make a better place for everyone and to
3
887
rise to the occasion and stand up for what is just and what is right.
During her visits to more than 40 Boys' and Girls' Clubs, she and the
accompanying judges, young lawyers, law students, and bar leaders were able to
create lasting relationships with the clubs and some of its young people. These
relationships build the pipeline of opportunity to the legal profession. President Brown
hopes the visits were able to leave these young people with lasting, positive
impressions of lawyers and to make them think, "This is something I want and can do."
In many states there are programs that reach out to high school and middle school age
students by the ASA and distinguished judges to help youth to realize the potential they
possess and the rights they have available.
She attended more than 30 Entity meetings across the country. These entities
are the foundation of our association. They are dedicated to furthering legal skills and
to improving the lives of many others.
All ASA members make a difference to the association and its civil society. That
is why, through the ASA Everyday Initiative, the ABA worked hard, with the assistance
of ABA entities to offer free benefits to help members advance their legal skills and
improve their practices.
For young lawyers, the ASA produced two user-friendly web-based resource
centers, regardless of practice area, to make our members better lawyers. The online,
real-time toolkit for lawyers with one-to-three years of experience was released at the
Midyear Meeting and the material for lawyers with four-to-six years of experience was
released this week. The two remaining toolkits will be released by August 2017
But, of all the services the ASA provides, none perhaps is more vital than its pro
bono efforts. It is often the difference between having a home, a job, or a government-
provided service. Pro bono is at the heart of the ASA and the members responded
mightily during the National Pro Bono Week: "And Justice For All: An ASA Day of
Service." Lawyers provide more pro bono than any other profession, and the world
needs to know this.
President Brown was especially pleased with the Diversity and Inclusion 360
Commission's work during her year of service. They crafted and caused to be adopted
a diverse array of policies, online tools, videos, surveys, and templates that collectively
have the potential to make a major difference in practical ways far into the future. Their
achievements include creating a searchable, online database of mentor and support
programs across the country to guide our young people on a path toward rewa rding and
successful lives. They initiated a conversation with the Judge Advocate General Corps
of all branches of the military that explores how the ASA and the JAG Corps can raise
awareness about legal career opportunities in the military and share best practices for
recruiting diverse students.
The 360 Commission prepared a template for a model diversity and inclusion
4
888
plan that ABA entities can use to create strategic diversity plans. President Brown
encouraged all ABA members to visit the Diversity and Inclusion web portal that
showcases the comprehensive diversity and inclusion programs, resources, and
information across the ABA. It is available at: ambar.org/diversityinclusionportal.
The Commission has also created new tools to help leaders in the law to
recognize their implicit biases. Three training videos and attendant written materials
that examine implicit bias in all facets of our legal system and what to do about it have
been created: a judges' video, a training video for public defenders and defense
attorneys, and a prosecutors' video. The Commission's Economic Case working group
proposed Resolution 113 that urges all providers of legal services to expand and create
opportunities for diverse attorneys. To view all of the Diversity Inclusion 360
Commission's work, President Brown urged ABA members to visit the website:
ambar.org/360commission.
President Brown hopes that all of these initiatives will create a welcoming
environment and culture of understanding for efforts around networking, mentoring, and
cross-cultural understanding . It is her belief that there is an insatiable thirst for the legal
profession to be the best that it can be in all respects, including being more diverse.
She has seen firsthand that many ABA members are working hard on this. Many states
and bar associations have formed diversity and inclusion committees and/or have held
summits on diversity and inclusion. However, President Brown emphasized the ABA
must be certain that it understands that inclusion of one group does not mean to the
exclusion of another.
The work of the ABA is far from over. Too many people in this country are
trapped in the web of poverty, poor education, and mass incarceration. As lawyers, the
ABA has a moral and professional responsibility to address this crisis. It is easy to
despair, but the beauty and strength of the ABA is that it is uniquely equipped to help
improve people's lives when working as legal advocates for equal justice under the law,
both nationally and internationally. The ABA is committed to seeing the rule of law
advanced in places like China, for example, and has pursed that goal by supporting
Chinese public interest lawyers and civil society organizations in a range of areas. The
ABA has always been a leader in this regard and won 't stop now.
The maintenance of the Rule of Law is as important at home as it is abroad.

President Brown has asked for the formation of a task force following the tragic events
of the summer between the public and law enforcement. The task force will make
recommendations to address trust and confidence in the American legal system, in an
effort to build a bridge between the public and law enforcement and maintain the Rule of
Law here at home. Lawyers have always led in times of immense challenge and now is
no different. After all, this is what the ABA does. These are hopeful signs and with the
continued support and sustained attention by the ABA and its affiliates, President Brown
is confident the ABA will make the legal profession and the justice system work better
and meet the high standards set by our nation's founders.
5
889
In these troubled times, the ABA must be ever more vigi lant to stand up for fairness and
equal justice under the law promised in our Constitution. As Justice Sandra Day
O'Connor has said , "A nation's success or failure in achieving democracy is judged in
part by how well it responds to those at the bottom and the margins of the social order.
The very problems that democratic change brings - social tension, heightened
expectations, political unrest - are also strengths."
President Brown concluded by saying that she hopes she has made a positive
difference. She thanks all of the members of the ABA for giving her the opportunity to
serve and for giving her the ride of a lifetime.
Statement by the Treasurer
ABA Treasurer, G. Nicholas Casey, Jr., of West Virginia addressed the House
and referred the House to his written report which reflected the performance of the
Association. Treasurer Casey started out by reiterating that the fiscal year of 2015 was
a very difficult year. It included $14 million in expenses in excess of revenues.
He reported on 2016 and what 2017 and 2018 are going to look like. The major
theme of 2017 and 2018 is sustainability and what kind of activity and what kind of
spending is in fact sustainable from a financial perspective for the ABA organization. To
date in 2016, the association is $1.3 million in the negative. The 2016 budget predicted
a $4 million deficit so being $1.3 million behind for the year was a better than expected
result. Treasurer Casey expects to finish the 2016 budget year with an approximately
$2 million deficit.
Why are we behind budget for 2016? Revenue is $5.4 million below budget.
Sections are $4.8 million behind budget through May 2016 (but they may right
themselves). General operations will probably not right itself by fiscal year end. Grants
are successfully producing revenue. Expenses are $8.1 million under budget through
May 2016 which have offset, in part the revenue shortfall. Senior staff has worked
diligently and continuously during the 2016 budget year to control and cut costs. The
staff is to be thanked for both their ability to manage costs in 2016 and as we plan for
2017 to recognize our need to enhance revenues. We can't cost cut our way to
success in 2017 and beyond. We need additional revenue from multiple sources.
What is the impact of our 2016 deficit and the cumulative effect of our deficits in
2015 and 2014? We have consumed a large part of our net assets. Net assets are
$169.4 million dollars - down from $175 million in 2015. Over the last three years,
we've used $21 million of our net assets to support operations and cover losses. The
redu ction in our net assets at that pace is absolutely not sustainable. Net assets of
general operation are now equal to about nine months of our annual budget. We are
depleting our assets at a rate that is making Treasurer Casey nervous.
Treasurer Casey now looks ahead to the 2017 budget. We lowered the revenue
6
890
projections by about $13 million. We cut costs in 2017 by about $4 million. We also
plan to use a portion of our net assets in excess of the amount that is approved for
transfer under our current green book policy, which allows a transfer to operations of
5.5% of the net assets. The 2014 budget takes in excess of 5.5% to make the 2017
budget balance. This is not a good idea and impacts our long term sustainability.
Budget cuts in the 2017 budget came from multiple places as we all work to have a
balanced budget.
The 2018 budget will begin to be developed in January/February of 2017. It does

not become effective until September 1 of 2017. Executive Director Jack L. Rives and
the staff are working to enhance revenue for the 2018 budget but revenue is not
expected to keep pace with expenses so the ABA will have to cut again in 2018 in order
to buy the time to protect our net assets while revenue increases.
Treasurer Casey's thoughts on the financial discipline needed as we develop the

2018 budget are: 1) strict adherence to the reserve funding policy; 2) budget a positive
margin for capital needs and to slowly rebuild net assets; 3) prepare for a 5% gross
reduction in general operation funded activities; and 4) adopt a policy for merger,
consolidation or dissolution of activities that are unable to meet their budgets in 2018.
In 2017 and 2018 we will not have the resources to do all that we do now. The Finance
Committee of the Board, the Treasurer and ABA Financial Services do not set priorities.
The organization must set our priorities and make the difficult decisions of what is
funded and what is not.
Presentation by the American Bar Endowment
Chair Refo recognized Martha W. Burnett of Florida, President of the American

Bar Endowment (the "ABE") to report to the House of Delegates. Ms. Barnett also
reported that the ABE New Opportunity Grants Program, adopted this year, would be
working with the ABA Young Lawyers Division through its affiliate program to issue
grants that can help in being the seed planted for a great project that will assist young
lawyers to understand the bar and look at the ABA as a way to fulfill their professional
commitments. Also, Ms. Barnett, accompanied by incoming President of ABE, J.
Anthony Patterson, Jr. of Montana, and some other key ABE colleagues, presented the
big checks that ABE granted in the amounts of $239,098 and $2,930,998.
Passing of the President's Gavel and Statement by President-Elect
ABA President Paulette Brown introduced President-Elect Linda A. Klein of

Georgia as she passed the gavel. President-Elect Klein stated first and foremost that
the House of Delegates had inspired her to be the best lawyer she can be. She is
proud to be a lawyer, proud to be a member of the Association, and proud to be a part
of the House of Delegates.
Ms. Klein 's mother signed her up for ballet lessons when she was five. Dancing
didn't work out but gave her the appreciation for the importance of basics. You can't
7
891
master anything until you master the basics. President-Elect Klein wants to use her
year to concentrate on the basics: serving clients, strengthening communities and this
great country, and supporting and defending the Constitution of the United States.
These basics are why she became a lawyer and why she's been a member of the ASA
since her first year in law school. She wants all lawyers and the public to use their
talents and the law to bring fairness to their communities. The ASA needs to focus on
delivering to its members what they need to better serve their clients.
President-Elect Klein stated the ASA has an incredible leadership team. With
this team, the future is undoubtedly bright. Yet the ASA faces many challenges.
Lyndon Johnson said, "There are no problems we cannot solve together, and very few
that we can solve by ourselves." Th e ASA has the House of Delegates and all of the
bars throughout which there are no problems they cannot solve together. The ASA has
done great things and will continue to do great things while adhering to the basics -
public service, the Rule of Law, and diversity. These are the building blocks and the
solid foundation of a healthy profession and a healthy bar.
The first building block is to help people. One veteran, through free legal
representation, regained his richly deserved veteran pension after 60 years of being told
his military records were lost. While this constitutes a great success, there are nearly
40,000 homeless veterans. More than 13% of our nation's heroes live below or near
the poverty line.
To expand on the outstanding work the ASA already does to help active-duty
a
military as well as veterans, the ASA has launched Veterans Legal Services Initiative.
This initiative wi ll build a comprehensive online resource that will inform veterans of
legal issues that could affect them and direct them to local resources and legal
providers. It will engage law schools and bar associations to promote legal services
incubators. The initiative will promote medical-legal partnerships that pair doctors with
lawyers on the veterans' behalf. It includes plans to restart the ABA's successful project
that provided pro bono help to veterans whose benefit claims were caught in a massive
backlog.
President-Elect Klein encouraged all lawyers to participate in veterans-specific

activities in conjunction with the annual National Pro Bono Celebration in October which
wi ll be extending to include Veterans Day on November 11. Also new this year, the
ASA wi ll be mobilizing state and local bar associations to sponsor veterans' pro bono
events in May to serve veterans around Memorial Day.
Another basic is strengthening communities and this country. Voting is a basic

right and obligation of the citizenry. The ASA is encouraging all lawyers to get involved.
The ABA has distributed a new video to schools nationwide to encourage youth to get
involved in the electoral process. President-Elect Klein stressed the need for lawyers to
encourage their clients, their firms, and their communities to vote. Resources to help in
this area can be found at the ABA website - ambar.org/vote.
8
892
Education also strengthens the ABA communities and the nation. This year the
ABA will be promoting the right to a high-quality childhood education. Every child needs
and deserves a quality education. The ABA is establishing an Education Commission
to leverage efforts of other ABA entities. The Rule of Law depends on an educated
citizenry. There is no pipeline of new lawyers if youngsters cannot get a primary
education that prepares them for college.
The theme for Law Day 2017 is "The 14th Amendment: Transforming American
Democracy." The ABA theme pays tribute to this cornerstone of the Constitution and
source of inspiration for all who advocate for equal justice under the law.
Back to basics also demands that the leaders of the ABA listen to lawyers and
provide the tools they need to serve clients. On her travels, President-Elect Klein
learned that lawyers want to do more pro bona and reduced-fee work but can't because
of the burdens of running their law practice. She was told time and again by lawyers
that they need information and tools to improve their practices. Based on what she has
learned, the main focus for the ABA this year will be the ABA members, current and
future . Working with the various bars, the ABA will enhance the resources that help
their members with marketing, managing their practices, and getting out ahead of
what's new in technology.
The ABA is developing ABA Blueprint, a web portal, wh ich will be a one-stop
shop for members to get what they need while saving far more than they pay in dues.
Some of the packages will include resources for opening a new practice, marketing
help, retirement plans or life insurance, and people to call for technology or benefits
help. The website is abablueprint.com.
Ms. Klein wants to focus on changing the negative public perceptions of the legal
profession. The ABA has begun to connect their communication team with directors of
state and local bars. They are developing promotional pieces for TV, radio, print, and
social media that underscore the value lawyers bring to solving problems for individuals,
businesses, and communities.
The ABA is always there for guidance and counsel with thousands of
opportunities for learning, for teaching, for leadership development, and for networking.
President-Elect Klein wants to focus on the new lawyers just beginning in the field.
That's the inspiration for "Membership on the House." This is an opportunity for the
leaders of the profession to sponsor a young lawyer's membership in the ABA.
President-Elect Klein added that this is just one of the three things the ABA needed their
members to do right away. The second is to encourage all to vote by using their voter
card. Go to ambar.org/votercard for more details. And thirdly, organize your community
to participate in pro bona for veterans any time on or before Veterans Day. The website
is celebrateprobono.org.
Just as there can't be a great dance performance without the basics, there can't
9
893
be a healthy bar without its members. Ms. Klein emphasized that with the ABA as her
dance partner, the ABA can lift up each other, the association, and the legal profession.
Statement by the Executive Director
ABA Executive Director and Chief Operating Officer Jack L. Rives of Illinois
focused on the realities of today's circumstances facing our profession and our
Association. We have many concerns and challenges. Mr. Rives also spoke about the
ABA's plans for the future .
Mr. Rives set forth the example of Samuel Clemens, who arrived in San
Francisco 150 years ago. He had a job as a columnist for the San Francisco Morning
Call. He was successful, but he decided to adapt to the challenges he was facing,
embrace change, and move to a new opportunity.
So it is today with the legal profession . We are at a critical junction; in the future ,
people will look back at what we are doing now and ask "how did they respond to the
challenges?" of issues involving such areas as legal education, competition , and under-
employed and unemployed lawyers.
Mr. Rives explained technological advances are changing the legal profession.
We cannot turn back the clock. What happens to those who can't adapt to new
technology? They cease to exist. What happens to those who do adapt? They thrive.
The ABA cannot be left in the dust. We must understand the need to move forward .
We must do a better job with dues and non-dues reven ue collection, we must enhance
our overall value proposition, and we must showcase the viability of the ABA. We also
need to improve the retention of our members so they become passionate members of
the ABA.
One way we are working toward this is through ABA Law Connect. This is the
technological backbone behind everything we do in technology in the ABA. At the end
of this month we're rolling out a program to help lower income people get legal
assistance on civil law matters -- abafreelegalanswers.org. Forty-one state and local
bar associations have already signed up. This program wi ll help show the relevancy
and value of the ABA.
The ABA now has our own insurance program. It's available to all ABA
members, their families, and their staff. All of our companies are highly rated -- and our
pricing is extremely competitive. Studies show most members can save a multiple of
their dues costs when they buy ABA insurance.
For law students, we created a special website that includes easy access to
information on everything from how to be successful in law school to preparing for the
bar exam, to moving forward with a ca reer. Last year, the Board of Governors
approved free law student memberships. In the first 12 months of this program, we
10
894
attracted 52,000 new law student members -- compared to 11,000 new law student
members the prior 12 months. Right now we have 73,000 law student members. Our
goal is to show 100% of the law students why they should be members of the ABA.
We are also just beginning the law student premium program. In return for
paying a $25 fee , the law students get a range of benefits. One allows them to connect
with ABA lawyers, who will answer on line questions. Some of the premium programs
have real dollar value, including a $250 discount off the BARB RI bar review course.
This will help the students understand the value proposition in the American Bar
Association.
ABA FYLE (For Your Life Essentials) is a new product. We are on the verge of
completing a deal with a major commercial enterprise to carry the product and we
expect $5.00 return on each FYLE sold. This could be a significant source of non-dues
revenue.
The ABA also has developed a job board , ABA Legal Career Central. We should
have the best job board in the world for attorneys. Right now, 640 jobs are on the
board; two years ago the number was less than 200. Everyone in the legal profession
should know ABA Legal Career Central is available to job seekers and potential
employers.
Last year, the ABA sent more than 300 million emails -- that clearly is too many.
Two months ago we hired a person with experience developing protocols and business
rules for our emails. We're committed to handling this much more effectively in the
future. We also need to improve the ABA website. It was last updated significantly in
2011 and since then, things have changed, notably with mobile devices. We will move
to a much more effective mobile vers ion of our site.
The Center for Innovation has just been approved by the Board of Governo rs.
This new entity will help to show how we can most effectively deliver legal services. It
will demonstrate how we are embracing technological change and taking advantage of
best practices. The ABA has to be a leader in this area; doing so will help show the
relevancy of the ABA as we move forward.
This is definitely a time of great change for the legal profession. Looking back at
Samuel Clemens, he co uld've remained a successful columnist in San Francisco, but
today he wou ld have been little-known and long forgotten . Instead, he embraced
change and became Mark Twain. And today, he remains one of America 's most
beloved and prominent writers.
Mr. Rives explained this is also the case for our Association, which is at a
historical inflection point. Disruptions in the delivery of legal services caused by
advances in technology are threatening those who prefer the models of the past. But
innovative lawyers can work alongside innovative technologies and show the continued
relevance of the legal profession
11
895
Mr. Rives concluded by urging us to take action and not to shrink from today's
challenges. Instead let's embrace them and overcome them -- seize the day!
Election of Officers and Members of the Board of Governors
On behalf of the Nominating Committee, Randall D. Noel of Tennessee, Chair of

the Steering Committee of the Nominating Committee, reported on the nominations for
officers of the Association and members of the Board of Governors. The House of
Delegates elected the following persons for the terms noted:
OFFICERS OF THE ASSOCIATION

President-Elect for 2016-2017 Term
Hilarie Bass of Florida
Chair of the House of Delegates for 2016-2018 Term
Deborah Enix-Ross of New York
Secretary for 2017-2020 Term; to serve as Secretary-Elect in 2016-2017
Mary L. Smith of Illinois
Treasurer for 2017-2020 Term; to serve as Treasurer-Elect in 2016-2017

Michelle A. Behnke of W iscon sin
MEMBERS OF THE BOARD OF GOVERNORS (2016-2019 Term)
DISTRICT MEMBERS
District 7: J. Timothy Eaton of Illinois
District 8: A. Joshua Markus of Florida
Di strict 10: David S. Houghton of Nebraska
District 11 : Hon. Leslie Miller of Arizona
District 13: Mary Ann Foley of Alaska
District 18: Paula E. Boggs of Washington
SECTION MEMBERS-AT-LARGE
Criminal Justice Section (One-Year Term for 2016-2017 Term)
Wil liam N. Shepherd of Florida
Governm ent and Public Sector Lawyers Division
Darcee S. Siegel of Florida
12
896
Section of Infrastructure and Regulated Industries (fka Public Utility, Communication
and Transportation Law)(Two-Year Term for 2016-2018 Term)
Linda L. Randell of Connecticut
Section of Real Property, Trust and Estate Law
Kevin L. Shepherd of Maryland
Section of State and Local Government Law
Benjamin E. Griffith of Mississippi
Goal Ill Disability Member-at-Large
Scott C. LaBarre of Colorado
Goal Ill Woman Member-at-Large
Lorelie S. Masters of the District of Columbia
Law Student Member-at-Large (2016-2017)
John Louras of New York
It was noted that the Association's Constitution provides that the President-Elect
automatically becomes the President at the conclusion of the Annual Meeting and Linda
A. Klein of Georgia will assume that office.
Remarks by President-Elect Nominee
President-Elect Nominee, Hilarie Bass of Florida, stated that her grandfather

made his way through Ellis Island more than 100 years ago, drawn to the United States
for the promise of freedom and opportunity that was unsurpassed by any other place in
the world. In his most optimistic dreams, however, he could not have imagined his
granddaughter would be named President-Elect of the American Bar Association (ABA).
As President-Elect, Ms. Bass intends to work hard not only to fulfill the goals of this
organization, but to ensure that its greatest mission - to pursue justice and defend
liberty for all citizens - remains at the forefront of all our efforts.
Americans are all too well aware that many in our country no longer see the
opportun ity for freedom and prosperity that compelled her grandfather to leave
everything he knew.
The goal of pursuing justice and defending liberty cannot hope to be realized until
all of our citizens believe that the justice system treats them fairly regardless of their
color, gender, religion or income.
The ABA must be willing to openly admit that it can do better. At a time when
many are questioning whether the concept of "Justice for All" applies to them, the ABA
must lead by implementing strategies across this country to ensure that its citizens can
13
897
believe that the civil and criminal justice system truly serves everyone.
President-Elect Nominee Bass emphasized that much has been said in our
country's recent political dialogue about the expanding gap in wealth inequality and
access to opportunity. There are few places we see more evidence of that than in the
justice gap. The ABA now has a unique opportunity before it. Technology has changed
the way every aspect of our economy does business. The law profession cannot, and
should not, hesitate to adopt its use to assist in meeting the large unmet needs of legal
consumers in this country.
Through innovation, the ABA can maximize the tools that technology affords it to
make legal information more readily available to all persons otherwise unable to afford
an attorney. It can provide pro se litigants with greater access to the information and
forms it needs to navigate a complex judicial system, and recognize that there are
multiple new forms of assistance for the millions of Americans who seek legal
assistance, but who have been turned away for years for lack of funding .
In their own practices, for the most part, attorneys have not embraced the
meaningful change that technology could provide either. The ABA can provide
leadership to assist in the adoption and implementation of innovative approaches,
whether it's learning to use project management software or knowing what specific
services cost so they can offer clients fixed fees.
The profession's need for innovation cannot stop there. It seems not a week goes
by where one doesn't find an article in a major national newspaper commenting
negatively on the state of legal education. The ABA must embrace a system that
actually trains law students to gain the practical hands on skills that will allow them to
solve a client's problem in a practical and efficient way.
President-Elect Nominee Bass believes the ABA is the only group in this country
capable of getting everyone in the same room, talking to each other about whether and
how the system of legal education should be re-designed . As the law practice becomes
ever more specialized, the law profession must continue to teach and test as if
everyone is planning to be a general practitioner. It must be a leader in evaluating how it
can do better in educating and testing the competency of the future lawyers of our
country.
The ABA also has a critical role to play in the world . Time and again, when
lawyers around the globe learn of President-Elect Bass's involvement in this
Association, they ask if there is a possibility that it could assist their country in adopting
some of the core principles that have made our country's justice system one to be
emulated around the world. The ABA should embrace this opportunity, whether it is in
Argentina or Vietnam.
When President-Elect Nominee Bass started as a summer associate at the law
14
898
firm of Greenberg Traurig, of which she is now Co-President, it had one office in Miami.
During her career, the firm has expanded to 38 offices around the world , exposing her
to a pace of change in the legal profession that is only gaining speed with each passing
day. In the next few years, the practice of law will look very different. The ABA must
serve as the guiding light that will help current attorneys adapt to these changes, help
new lawyers find their way and encourage future generations to join the ABA in the fight
to provide equal justice for all.
Report of Resolution and Impact Review Committee
Chair Refo recognizes Michelle A. Behnke of Wisconsin, Chair of the Resolution

and Impact Review Committee, to report on the work of the committee and to introduce
its video presentation. Ms. Behnke reported that ABA entities were active in 2011 and
2012. She stated that the Resolutions and Impact Committee reviewed approximately
134 Resolutions from 54 entities that were adopted by the House of Delegates. She
briefly explained the process the committee undertook to gather information on the
impact of the resolutions. She reported that once all the information was gathered, the
committee selected 30 resolutions for further review and analysis, which helped the
committee to identify 6 resolutions that provided strong evidence of the impact of the
work of the House. Ms. Behkne further reported that of the 6 most impacting
resolutions, the committee ultimately identified 2 resolutions to be brought to life through
video. The videos on Resolution 1OB from the State Bar of South Dakota regarding
Rural Access to Justice and Resolution 105 from Real Property, Trust and Estate
Section regarding Payment of Survivor Benefits to Special Needs Trusts for Disabled
Beneficiaries tells the story visually so that a broader audience can appreciate the
impact of the resolution. Both videos can be found on the ABA's website. Please share
the videos with your constituencies and increase the impact of the work of the House!
Remarks by Chairman of the Board of Directors of the Legal Services Corporation
John G. Levi, Chairman of the Board of Directors of Legal Services Corporation

gave remarks and stated he was thankful for the privilege to speak to the House of
Delegates, which has been an indispensable partner throughout LSC's 42 year history.
He thanked President Paulette Brown for her inspired leadership and for being such a
strong partner with LSC. She spoke at many LSC functions and she raised the profile
of welcome service through her innovative signature event - the ABA Day of Service.
He added his welcome to Linda Klein who was an important ally of LSC's outstanding
grantees in Georgia. LSC looks forward to working with her at the national level. He
thanked the ABA's standing committees for their hard work and former president Robert
Grey, who is now on the LSC Board. Mr. Grey realized when he joined the Board that
the legal aid community was doing a great job at talking to itself but needed to do a
much better job of educating the greater legal community and the public at large about
the crisis in the fair accessibility of our civil justice system for low income Americans.
LSC kicked off a national dialogue on this topic in April of 2012, has held similar forums
at every LSC meeting since then, and have reported to the White House annually. The
15
899
LSC Board is confirmed into 2017 and fully expects to return to the White House next
spring.
This year the LSC has several initiatives to make sure their message is heard
beyond the legal aid community. They announced in April that it is partnering with the
Microsoft Corporation which has committed at least $1,000,000 in pro bono legal
support to develop statewide legal forums to direct individuals with civil legal needs to
the most appropriate forms of assistance. LSC will manage the state selection process
consu lting with the ABA and others to identify jurisdictions that will compete for the
opportunity to develop a higher authority. Harboring with a company like Microsoft
brings new ideas and resources to LSC's efforts which Microsoft president Brad Smith
recognized when he announced the grant a few months ago. "Our real goal here is to
create the foundation for a new era of technology innovations, and I hope more than
anything else that we enlist a new generation of engineers to help so that we can create
technology that can help us close this justice gap."
One of the goals of another LSC initiative, the Leaders Council, is recruiting new
messengers and reaching a broader audience beyond the legal community. Comprised
of leaders in the fields of law, business, academia, sports, and other disciplines, the
Leaders Council wil l also help raise awareness of LSC and its important work across
the country. Former Bush White House counsel Harriet Miers and Ken Frazier,
chairman and CEO of Merck, are co-chairs of the Council.
LSC Leaders Council members Jim Harbaugh, Hank Aaron , and Andrew Young
met with others in Atlanta a few weeks ago to call attention to the crisis in civil legal aid.
Jim Harbaugh said, "I have learned a lot about the problems that the low income folks
are having in accessing our justice system. I may be a football coach, but I'm an
American first. And all Americans should care about justice. Hank Aaron stated, "Each
year millions of low income Americans are denied equal access to justice because they
cannot afford a lawyer. We need to change that."
In addition to reaching out to new partners, the LSC Board is helping our
grantees with the delivery of civil legal aid through several new programs. To share in
the ABA's concern about the lack of lawyers to assist low income individuals in rural
America, the LSC launched Rural Summer Legal Clinic with 30 law students working at
28 LSC grantees in rural America. It was a great success and LSC has already secured
enough private funding to insure that it will continue for at least five summers. LSC
hopes to enlarge it next year with even greater support.
LSC awarded grants to 15 legal aid organizations across the country last year to
support reputable innovations in pro bono services for low income clients in its second
year. The technology initiative branch continued to lead the way in using technology to
expand excellence in justice and the role of LSC's influential tech summit report to
"provide some form of the effective assistance to 100% of persons otherwise unable to
afford an attorney for dealing with essential and simple legal needs. This year it was
adopted as an aspiration goal by the Conference of Chief Judges.
16
900
The LSC Board has launched other projects that will positively affect LSC's
efforts to secure proper funding for civil legal aid for a good period of time. With support
from the Hewlett and Gretzkey foundations , LSC is producing a new national report
documenting the state of the whole justice cavity - the difference between the need for
civil legal services and the resources available to meet the need. This new study will
reveal the continuing, alarming justice need. It can be a basis for a blueprint of action at
both the federal and local level.
LSC's funding at $385,000,000 annually remains at historic low levels. The

need, however, is at an all-time high. This funding is not enough, and we have had to
turn away droves of individuals for lack of resources. This explains why many have lost
or are losing confidence that our civil justice system is fairly accessible to all. This
funding is equal to what Americans spend every year on Halloween costumes for their
pets.
The LSC's 50th anniversary will be in 2024, and we should commit to trying to
completely close the justice gap by then - once and for all. The LSC can't do it alone
since 60% of legal aid funding comes from state governments, state and local powers,
and other sources. The LSC needs leaders in the profession, as those in the ABA
House of Delegates, to do all that they can do to make sure legal aid funding from these
other sources grows significantly.
As Sargent Shriver, who paved the w,ay to the LSC under President Johnson,
spoke so eloquently in 1965, "The extension of legal services to the poor is only a
means of a more universal - one we hold to - the establishment of the rules of law. It is
that ordered quest for dignity, for justice, and for opportunity which is the central
concern of society today." Our generation must now do what it has to do to insure that,
for those who succeed us. This ordered quest for dignity, justice, and opportunity
continues to shape the American experience.
Scope Nominating Committee
Richard A. Soden of Massachusetts, Chair of the Committee on Scope and

Correlation of Work, nominated Jennifer "Ginger" Busby of Alabama, to serve on the
Committee on Scope for a 2-year term and W. Andrew Gowder, Jr. of South Carolina
for a 5-year term, and himself for a 1-year term beginning at the conclusion of the 2016
Annual Meeting. Chair Soden then moved to close the nominations. The motion was
approved.
Delegate-at-Large Election Results
Chair Refo announced the election of the following members to three-year terms
as Delegates-at-Large: Michael G. Bergmann of IL, Jose Feliciano of Ohio, Latanishia
D. Watters of Alabama, Pauline A. Weaver of CA, Randi B. Whitehead of FL, and Carol
Worthington of Tennessee. Richard Bien of Missouri and Kelly-Ann F. Clark of Texas
were elected to fill vacancies for two-year unexpired terms.
17
901
II. RESOLUTIONS VOTED ON BY THE HOUSE
A brief summary of the action taken on resolutions brought before the House
follows . The resolutions are categorized by topic areas and the number of the
resolution is noted in brackets.
ARCHIVING
[400A] The House approved by consent Resolution 400A recommending that certain
Association policies that pertain to public issues and are 10 years old or older be
archived.
[4008] The House approved by consent Resolution 4008 recommending that certain
Association policies that pertain to public issues that were adopted in 1996 which were
previously considered for archiving but retained, be archived.
ASSOCIATION'S CONSTITUTION, BYLAWS AND

HOUSE RULES OF PROCEDURE
[11-1] Association Member Edward Haskins Jacob of the United States Virgin Islands
presented and the Secretary moved Report 11-1 amending 1 .2 of the Constitution to
include the following language as one of the purposes of the Association: "to defend the
right to life of all innocent human beings, including all those conceived but not yet born."
David S. Houghton of Nebraska, Chair of the Standing Committee on Constitution and
Bylaws, reported the action of the standing committee. Jimmy Goodman of Oklahoma
motioned to postpone indefinitely. The proposal was postponed indefinitely.
[11 -2] Palmer Gene Vance II of Kentucky, Co-Chair of the Governance Commission,
moved revised Resolution 11-2 amending 2.1 of the Association's Constitution to
realign the districts relating to representation on the Board of Governors. David S.
Houghton of Nebraska, Chair of the Standing Committee on Constitution and Bylaws,
reported the action of the standing committee. Allen C. Goolsby of Virginia , spoke in
support of the motion. The resolution was adopted as revised.
[11-3] David S. Houghton of Nebraska moved Resolution 11-3 amending 2 .1 and 6.3
of the Association's Constitution to define "accredited" and to clarify that the person
elected as State Delegate must be accredited to the state for which he or she is elected.
The resolution was adopted.
[11 -4] Anthony M. Ciolli of the United States Virgin Islands moved Resolution 11-4
amending 6.4(a) of the Association's Constitution to provide the United States Virgin
Islands with a young lawyer delegate in the House of Delegates. David S. Houghton of
18
902
Nebraska, Chair of the Standing Committee on Constitution and Bylaws, reported the
action of the standing committee. The resolution was adopted.
[11-5] Linda L. Randell of Connecticut moved Resolution 11-5 amending 10 .1(a) of the
Association's Constitution to change the name of the Section of Public Utility,
Communications and Transportation Law to the Infrastructure and Regulated Industries
Section. David S. Houghton of Nebraska, Chair of the Standing Committee on
Constitution and Bylaws, reported the action of the standing committee. The resolution
was adopted.
[11-6] John A. Attenburg , Jr. of the District of Columbia moved Resolution 11-6
amending 31 .7 of the Association's Bylaws to revise the jurisdictional statement of the
Standing Committee on Legal Assistance for Military Personnel to expand the size of
the standing committee to not more than ten members. David S. Houghton of
Nebraska, Chair of the Standing Committee on Constitution and Bylaws, reported the
action of the standing committee. Gregory L. Ulrich of Michigan spoke in support of the
resolution. The resolution was adopted.
[11 -7] David K. Y. Tang of Washington moved Resolution 11-7 amending 31.7 of the
Association's Bylaws to create a Standing Committee on International Trade in Legal
Services. David S. Houghton of Nebraska, Chair of the Standing Committee on
Constitution and Bylaws, reported the action of the standing committee. The resolution
was adopted.
ADMINISTRATIVE LAW
[112] Ronald M. Levin of Missouri moved Resolution 112 urging Congress to enact
legislation to requ ire federal agencies to provide an online source at which material that
has been incorporated by reference into proposed or final regulations can be consulted
without charge. The resolution was adopted .
CHILDREN AND THE LAW
[111A] On behalf of the Young Lawyers Division, Dana Hrelic of Connecticut withdrew
Resolution 111 A urging legislatures to enact laws that criminalize internet grooming
tactics that target children and make them vulnerable to victimization and encouraging
states to review criminal laws and engage stakeholders to ensure that laws governing
sexual misconduct involving the internet are sufficient to protect children.
(111 B] Jack Long of Georgia moved Resolution 111 B urging state, local, territorial and
tribal legislatures to abolish "offender funded" systems of probation supervised by
private, for-profit companies. The resolution was adopted .
CRIMINAL JUSTICE
19
903
[107] Stephen A. Saltzburg of the District of Columbia moved revised Resolution 107
adopting the black letter of the ABA Standards for Criminal Justice: Criminal Justice
Mental Health Standards, chapter seven of the ABA Standards for Criminal Justice,
dated August 2016, to supplant the Third Edition (August 1984) of the ABA Criminal
Justice Mental Health Standards. Robert A. Weeks of California spoke in support of the
resolution. The resolution was adopted as revised .
DISABILITY RIGHTS
[102] Nannette A. Baker of Missouri moved Resolution 102 urging state and territorial
bar licensing entities to eliminate any questions that ask about mental health history,
diagnoses or treatment when determining character and fitness for the purpose of bar
admission. The questions should focus instead on conduct or behavior that impairs an
applicant's ability to practice law in a competent, ethical and professional manner. The
resolution was adopted .
DIVERSITY AND INCLUSION
[113] On behalf of the Diversity and Inclusion 360 Commission, Dennis W. Archer of
Michigan moved Resolution 113 urging all providers of legal services, including law
firms and corporations, to expand and create opportunities at all levels of responsibility
for diverse attorneys and urging clients to assist in the facilitation of opportunities for
diverse attorneys and to direct a greater percentage of the legal services they purchase,
both currently and in the future , to diverse attorneys. Mark Roellig of Massachusetts,
Alan Bryan of Arkansas and Wendy C. Shiba of California spoke in support of the
resolution. Mark H. Alcott of New York spoke in support of the resolution with concerns.
[115] Leigh-Ann A. Buchanan of Florida moved revised Resolution 115 urging federal,
state, local and territorial legislative bodies, governmental agencies and applicable
entities to eliminate the school to prison pipeline where students of color, students with
disabilities, LGBTQ students and other groups suffer disproportionately from
inadequacies and inequities in the education system. Hon. Bernice B. Donald of
Tennessee and Earnestine H. Dorse of Tennessee spoke in support of the resolution .
The resolution was adopted as revised.
[116] On behalf of the Commission on the American Jury, David B. Wolfe of New
Jersey moved revised Resolution 116 amending Principles 2(8) and 6(C) of the ABA
Principles for Juries and Jury Trials to include marital status, gender identity and gender
expression to the groups which should not be excluded from jury service, and to
recommend that jurors be educated as to implicit bias and how to avoid such bias in the
decision making process. Pauline A. Weaver of California spoke in support of the
resolution. The resolution was adopted as revised .
20
904
ELECTION LAW
(103] John H. Young of Delaware moved Resolution 103 urging state and territorial
election administrators and officials to ensure that state-wide and territorial-wide ballot
counting guidance is in place as soon as practicable. The resolution was adopted.
[105] On behalf of Bruce L. Wilder of Delaware, Reginald M. Turner, Jr. of Michigan,

Chair of the Committee on Rules and Calendar was recognized for the purpose of
withdrawing Resolution 105 supporting specific principles that relate to electronic voting
in elections to federal office and urging Congress and federal agencies to enact laws
and adopt rules, regulations and policies that embody those principles. The resolution
was withdrawn.
INTELLECTUAL PROPERTY LAW
[108A] Susan B. Montgomery of Massachusetts moved Resolution 108A supporting the

treatment of the likelihood-of-confusion standard in federal trademark law as a question
of fact. The resolution was adopted.
[1088] Theodore H. Davis, Jr. of Georgia moved Resolution 108B supporting an

interpretation of the federal Lanham Act, 15 U.S.C. 1051 et seq., recognizing that the
ineligibility of an otherwise valid mark for registration with the U.S. Patent and
Trademark Office (USPTO}, through the cancellation of an existing federal registration
or the denial of an application for a federal registration, does not in and of itself
disqualify that mark for protection under all provisions of the Lanham Act, the common
law, or from registration on the state registers. The resolution was adopted.
[108C] Joseph M. Potenza of the District of Columbia moved Resolution 108C

supporting an interpretation that venue in patent infringement actions is the sole
province of the special patent venue statue, 28 U.S.C. 1400(b), such that the general
venue statute, 28 U.S.C. 1391 , neither supplements, interprets or applies to 28 U.S.C.
1400(b), except in instances that are not addressed by 28 U.S.C. 1400(b). Pauline
Weaver of California, spoke in support of the resolution. The resolution was adopted.
LEGAL EDUCATION
[100] Christine M. Durham of Utah moved Resolution 100 concurring in the action of the
Council of the Section of Legal Education and Admissions to the Bar in making
amendments dated August 2016 to the ABA Standards and Rules of Procedure for
Approval of Law Schools as follows : Standard 304 (Simulations Courses, Law Clinics
and Field Placements); Standard 305 (Other Academic Study); Standard 307(a)
(Studies, Activities and Field Placements Outside the United States); and Interpretation
311-1 (Academic Program and Academic Calendar). Josephine Bahn of Maryland and
Christopher S. Jennison of Maryland spoke in support of the resolution. Marsha Cohen
of California and Lawrence J. Fox of Philadelphia spoke in opposition to the resolution.
21
905
HISPANIC LEGAL RIGHTS
[11 O] Rene A Acosta of Florida moved Resolution 110 urging federal, state, local and
territorial law-enforcement authorities to provide a culturally, substantively and accurate
translation of the Miranda warning in Spanish. Hon. Bernice B. Donald of Memphis
spoke in support of the motion. The resolution was adopted.
LEGAL SERVICES
[1 OA] Michael H. Reed of Pennsylvania moved to divide Resolution 1OA into two parts.
The motion to divide was approved. Butler Buchanan of Pennsylvania moved part one
of Resolution 1OA (first two resolved clauses of the resolution), urging re-affirmation of
support of lawyer referral services sponsored by bar associations and encouraging
lawyer referral services sponsored by bar associations to adhere to the standards of the
ABA Model Supreme Court Rules Governing Lawyer Referral and Information Services.
Part one of the resolution was adopted. Michael H. Reed of Pennsylvania moved to
postpone indefinitely part two of Resolution 1OA (third resolved clause of the resolution).
Laurel Bellows of Illinois spoke in support the motion to postpone indefinitely. The
motion to postpone indefinitely the third resolved clause was approved. The resolution
was adopted as revised .
[104] Hon. Lora J. Livingston of Texas moved Resolution 104 urging jurisdictions to
adopt court rules or legislation authorizing the award of class action residual funds to
non-profit organizations that improve access to civil justice for persons living in poverty.
[106] C. Elisia Frazier of Georgia moved Resolution 106 urging federal, state, territorial
and tribal courts and legislative bodies to adopt rules or enact legislation to establish an
evidentiary privilege for lawyer referral services and their clients ("LRS clients") for
confidential communications between an LRS client and a lawyer referral service when
an LRS client consults a lawyer referral service for the purpose of retaining a lawyer or
obtaining legal advice from a lawyer. Stephen Steinberg of California and David Keyko
of New York spoke in support of the resolution. The resolution was adopted .
(114] Charles F. Garcia of Colorado moved Resolution 114 urging courts and other
governmental entities, bar associations, non-profit organizations and entrepreneurial
entities that make forms for legal services available to individuals through the Internet to
provide clear and conspicuous information on how people can access a lawyer or a
lawyer referral service to provide assistance with legal matters. Marshall J. Wolf of Ohio
moved an amendment. The amendment was approved. The resolution was adopted
as amended.
MODEL RULES OF PROFESSIONAL CONDUCT
22
906
[109] Myles V. Lynk of Arizona moved revised Resolution 109 amending Rule 8.4 of the
ABA Model Rules of Professional Conduct to add an anti-discrimination and anti-
harassment provision. Mark Johnson Roberts of Oregon, Wendi S. Lazar of New York,
Don Bivens of Arizona and Donald D. Slesnick of Florida spoke in support of the
resolution. The resolution was adopted as revised.
PARALEGAL EDUCATION
[101] The House approved by consent Resolution 101 granting approval and re-
approval to several paralegal education programs, withd rawing the approval of three
programs at the request of the institutions, and extending the term of approval to
several paralegal education programs.
RULE OF LAW
[1 OB] Alice E. Richmond of Massachusetts moved revised Resolution 1OB supporting

the independence of the judiciary and the legal profession and opposing any state's
detention of individuals without charge or access to counsel and calling upon the
government of the Republic of Turkey to take certain actions. The resolution was
approved as revised .
Passing of the Chair's Gavel
At the conclusion of the meeting of the House on Tuesday, August 9, Chair Refo
thanked the staff and the Committees of the House. She also took a moment to thank
her fellow Officers. She also expressed her heartfelt thanks to the Delegates
themselves. She then passed the gavel to Deborah Enix-Ross of New York. Chair
Enix-Ross extended her thanks to Chair Refo, her family and others for their support.
Closing Business
At the conclusion of the meeting of the House, after various expressions of

gratitude and recognitions, the Florida delegation was recognized to make a
presentation to the Delegates regarding the 2017 Midyear Meeting in Miami , Florida.
Chair Enix-Ross recognized Reginald M. Turner Jr. of Michigan who then moved
the House adjourn sine die. The motion was approved.
23
907
2016 ANNUAL CHIEF HEARING OFFICER REPORT
TO THE BOARD OF GOVERNORS
I. INTRODUCTION
The Washington Supreme Court appointed 1 me to serve as chief hearing officer
for an initial two year term beginning October 1, 2015. WSBA compensates the
chief hearing officer $30,000.00 per year through an independent contractor
contract. This report, required by the contract, covers the time period October 1,
2015 through August 31, 20 16.
II. DUTIES OF THE CHIEF HEARING OFFICER

Rules for Enforcement of Lawyer Conduct Rule 2.5(e)(2) sets out the chief
hearing officer's duties and authority. The chief hearing officer also attends the
Discipline Advisory Round Table Meetings and participates as an ex-officio
member of the Disciplinary Selection Panel. This report summarizes the chief
hearing officers ELC 2.5 duties.
A. HEAR MATTERS
The chief hearing officer can hear matters. I conducted a default hearing in
August 2016.
B. ASSIGN CASES
The chief hearing officer assigns hearing officers and settlement hearing officers
to individual proceedings from those the Washington Supreme Court appoints to
the list. I have appo inted 41 hearing officers and 14 settlement hearing officers
during my first 11 months in this position. Six proceedings are currently waiting
for hearing officer appointments.
I receive a weekly report listing the cases needing hearing officer and settlement
hearing officer assignments. The Formal Complaints are attached to the report. I
review the information and contact hearing officers who do not have current
assignments. I have had significant difficulty finding hearing officers wi ll ing to
accept new assignments. This difficulty, and sometimes my own trial schedule,
sometimes increases the amount of time needed to comp lete hearing officers and
settlement officer assignments. Sometimes hearing officers simply do not respond
to my emails asking if they are available for an assignment. Other times, hearing
officers decline new assignments. The table below summarizes the appointments
fo r the last two years, although the data are not for the exact same time periods.
1
The Supreme Court, upon recommendation of th e Board of Governors in consu ltation
with the Disciplinary Selection Panel, appoints a chief hearing officer to a renewab le
term of two years. ELC 2.5(e)(l)
908
Dates Hearing Officer Per month Settlement Per month
Assigrunents2 average Hearing Officer average
Assignments
9/l/14-8/31/15 58 4.8 31 2.6
10/1/ 15-8/31/16 41 3.8 14 1.3
C. MONITORING AND EVALUATING HEARING OFFICER PERFORMANCE

I monitor and evaluate hearing officer performance through frequent contact with
the hearing officers and through review of written orders and decisions. Hearing
Officers frequently contact me with questions about hearing procedures.
D. HEAR MOTIONS FOR HEARING OFFICER DISQUALIFICATION

The parties can request hearing officer removal without cause once in each
proceeding. 3 In addition, the parties may move to disqualify a hearing officer for
4
cause. I have appointed new hearing officer at least eight times when a party
requested removal without cause. I decided one motion requesting for cause
removal.
E. HEAR PRE-HEARING MOTIONS WHEN NO HEARING OFFICER

ASSIGNED
I have decided motions for orders of default, motions deferring discipline
proceedings, motions objecting to investigative inquiries and investigative
subpoenas and approved stipulations. Although I do not have an exact count, I
have entered approxim ately 8-10 of these orders.
F. HEARS MOTIONS FOR PROTECTIVE ORDERS UNDER RULE 3.2(e)

I have decided one motion for protective order this year.
G. HEARS MOTIONS PRIOR TO MATTER BEING ORDERED TO HEARING,

INCLUDING WHILE A GRIEVANCE IS BEING INVESTIGATED
I decided one objection to an ODC inquiry while a grievance was being
investigated.
H. HEARS REQUESTS FOR AMENDMENT OF FORMAL COMPLAINT

UNDER RULE I 0.7(b)
I have not decided any motions under this rule.
I. APPROVES STIPULATIONS TO DISCIPLINE NOT INVOL YING

SUSPENSION OR DISBARMENT AS PROVIDED BY RULE 9.l(d)(2)
The chief hearing officer approves stipulations when a hearing officer has not
been appointed. l approved seven stipulations during this year.
2
Due to removals with and without cause, these numbers reflect mu ltiple appointments to
some proceedings.
3
ELC 10.2(b)(l)
4
ELC I 0 .2(b )(2)
909
J. RESPONDS TO HEARING OFFICER REQUESTS FOR INFORMATION OR
ADVICE RELATED TO THEIR DUTIES.
l responded to frequent requests for hearing officer information or advice relating
to their duties. Many of the questions lead to topics for next year's training.
K. SUPERVISES HEARING OFFICER TRAINING IN ACCORDANCE WITH

ESTABLISHED POLICES
Hearing Officer training is provided annually in the fall and includes CLE credit.
We usually provide a five or six hour program on three different dates. We offer
the program in Seattle and in Spokane. Topics vary, but include changes to rules
or procedures, Supreme Court cases decided over the last year, settlement skills,
writing skills, diversity training and accessibility training. Training in late fall
2016 or January 2017 may be combined with Disciplinary Board training.
III. HEARING OFFICERS

We started the year with 55 hearing officers. Hearing Officers are appointed by
the Supreme Court of Washington for initial two year terms, fo llowed by five year
terms. Hearing Officer initial and re-appointment applications are reviewed by
the Discipline Selection Panel (DSP), including receiving input from the chief
hearing officer, Office of Disciplinary Counsel and a representative from the
respondent's counsel community. The DSP makes a recommendation to the
WSBA Board of Governors. The Board forwards a recommendation to the Court.
We will begin 2016-17 with 47 hearing officers. The Court recently appointed
fou r new hearing 0fficers and reappointed eight whose terms end on September
30, 2016. Many hearing officers did not seek reappointment. This appears to be a
combination of normal attrition and retirement of several hearing officers who
have served for many years.
IV. STAFF
Allison Sato and Julie Shankland assist the Chief Hearing Officer with his duties
when needed.
V. CONCLUSION
I thank you all for the support I have received during my first year as Chief
Hearing Officer. Please let me know if you have any specific questions.
Respectfully submitted this 13th day of September, 2016.
910
911
Achievements & challenges mark 2015
LEGAL FOUNDATION
OF WASHINGTON
In myriad ways, 2015 was a good year for civil legal aid in
Washington. More than 5.000 lawyers. judges. firms and other
The Legal Foundation of concerned citizens made unrestricted gifts to the Campaign for
Washington invests in programs Equal Justice. Coupled with income from other sources. the Legal
and stra teg ies that make our Foundation of Washington distributed $12.3 million in grants to
state a fair and just place to Live legal aid providers across our state- organizations that empower
We raise. manage. and distribute low-income people with help and hope.
funds to achieve equal justice
But the fact remains t hat only 24% of those in need receive
for low-income people
assistance. The 2015 WASHINGTON STATE CIVIL LEGAL NEEDS
We make recurring annual STUDY UPDATE is a rigorous assessment o f the unmet civil legal
gra 1ts to n onprofit l egal aid needs of low- income families. Among key findings:
provid ers.
Low-income Washingtonians routinely face mul tiple civil
We catalyze new projects legal problems that deeply affect their l ives. Seven in 10 such
via small g10nts design ed households face at least one significant civil l egal problem
to encourage innova t ive each year.
approaches to client services.
The compound effect of these difficulties on individuals and
We fund special grants to families is increasingly acute. with the average annual number
address urgent and targeted of civil legal issues per household nearly tripling since 2003.
issues. such as the p roblematic
Most of our Low-income neighbors- a full 76%-do not get the
effects of mass incarceration
help they need to solve their legal p roblems.
on communit ies and families.
Despite much good work during the Last decade. Washington's
Since 1984. we have dispersed
poorest residents still do not have equal access to our state's
$175 million 1n grants to our
civil justice system. We hope these facts. coupled with a
state's Legal aid community All
reading of this report. will inspire you to redouble your personal
of our work is guided by a single
commitment to LFW's Campaign for Equal Justice and the
goal: Delivering on the promise
people we serve.
af1ust1ce for all
Loren Etengoff. President Rima Alaily. President

Board of Trustees Boord of Trustees
Legal Foundation of Washington Campaign fo r Equal Justice
912
In 2015 LFW distributed annual
grants to these organizations
Why we do what we do
Benton-Franklin Legal Aid Society
More than 70 percent of the 1.25 million Washingtonians Blue Mountain Action Counc il Pro
Bono Lawyer Referral Program
living in poverty1 experience critical legal problems each year:
Chelan-Douglas Volunteer
Women and children fleeing domestic violence: Attorney Serv ices
Immigrant children at risk of deportation; Clallam-Jefferson County Pro
Bono Lawyers
People. young and old. fighting hunger and homelessness:
Clark County Volunteer Lawyer
Military veterans unable to access their benefits: Program
Senior citizens who fall victim to fraud: and Columbia Legal Serv1Ces
Cowlit z Wahkiakum Legal Aid
Legions of others confronted w ith d aunting legal
challenges. Easts1de Legal Assistance Program
King County Bar Pro Bono Services
While the U.S. Constitution guarantees all people the right to
legal representation in a crim inal t rial. it does not extend this Kitsap Legal Serv1Ces
right to people facing civil legal issues. One unresolved civil l egal Legal Assistance by Whatcom
(LAW) Advocates
problem can lead to a series of complex and interconnected
legal challenges that can quickly threaten t he health. safety. and Lewis County Bar Legal Aid
financial security of low-income people. Northwest Immigrant Rights Project
........................................... Seattle Community Law Center
"/ believe justice cannot be only available Skagit County Volunteer Lawyer
to those who can afford it. It has to be Program
available to everyone. Civil legal aid is a smart Snohomish County Legal Services
investment, saving public and private resources, Solid Ground - Family Assistance
improving the well-being of our communities, Program
and ensuring justice for all. This is why I give to Spokane County Bar Association
Volunteer Lawyer Program
the Campaign for Equal Justice."
William D. Hyslop. President (2015-2016). Washington State Bar Association
Tacoma Pierce County Bar
Association Volunteer Legal
Serv1Ces Program
Legal aid can hel p meet basic needs. It can mean the difference
TeamChild Advocacy for Youth
between nagging hunger and food on t he table. homelessness
Thurston County Volunteer Legal
and secure housing. bankruptcy and economic stability. Access Services
to legal aid helps people gain self sufficiency. leads to better
Unemployment Law Project
outcomes. and enhances the safety and strength of our
Yakima County Volunteer Attorney
communit ies. It is a smart, results-oriented investment with a
Services
priceless return.
1
Source: 2015 Washington State Civil Legal Needs Study Update. To qualify for
most civil legal aid services. annual income m ust be at or below 125% of the federal
poverty guidelines. For a family of four this is $27.563.
913
FUELING JUSTICE far cki!drefl attd youtk
MAJOR CAMPAIGN DONORS
GUARDIANS OF JUSTICE $5,000+ "Alice" grew up with a lot of conflict at home and was
Paula E Boggs
convicted of assault against a parent before being placed
Justice Bobbe Bridge (Ret) 1nd
Jonathan Bridge in foster care. After exiting foster care at age 18. Alice decided
Cogan Famil y Foundation
James Degel and Jeanne Berwick to live alone. TeamChild helped her secure critical short-term
Lucy Lee Helm benefits. but Alice's goal was to get a job and support herself
W illiam and Sally Neukom
independently.
Geoffrey G Revelle
The Seattle Foundation .........................................
SHAREHOLDERS OF JUSTICE $2.500 - $4,999 TeamChild believes it is the paramount duty
Robert Anderson and Ma11lyn Heiman
Hon Rebecca Bake1 (Ret) and
of our community to help youth overcome
Joseph Abraham the obstacles of poverty, juvenile justice
Deborah Perl u ss and Mark Diamond
Kerry Radcliffe involvement, disability, neglect and abuse,
Bradford Smith
Eugene and Nancy St uder
racism, and discrimination, in order to
achieve their true potential.
PRINCIPALS OF JUSTICE $1.000 - $2,499
Rnna Ala1ly and Ryan McBride ..........................................
Hon Marlin J Appelw1Ck
Hon Sharon S Armstro ng
After graduating from high school and enrolling in a certified
Al AuYeung nursing assistant program. she was denied externship learning
Bnan C Balch
Barron Smith Daugert
opportunities due to a juvenile charge remaining on her record.
Rita L and W1ll1am J Bender Discouraged and worried about her future. Alice reached out to
Judith and Arnold Bend1ch
Blaine Tamak1& Associates In c
TeamChild for additional assistance.
Joan na Pl1chta Boisen
Bruce M Brooks TeamChild su cceeded in waiving Alice's legal financial obligations
David J Bum>an and sealing her j uvenile record. Alice is now free to focus on
Carolyn Cairn s
Aaron Caplan school and develop employment skills to secure the full-time
John R Connelly Jr job she has been working toward.
Hon Frank E Cuthbertson
Greg and Jun e Dallaire
Ca1t l1n Davis
Kristina Detwiler
Corinne Dixon
James A Douglas
Eisenhower & Carlson
Hon Anne L Ellington
Loren S Etengoff
W 1ll1am F Ett er
Ette1 McMah on Lamberson
Clary & Oreskovich
Expedia lnc
Thomas M Fitzpatrick
914
GRANTEE SPOTLIGHT TeamChild
MAJOR CAMPAIGN DONORS
Every day, thousands of youth face PR INCIPALS OF JUSTICE $1,000 - $2,499
profound legal and social barriers that

Hon Michael J Fox
increase their chances of dropping out Kay and Steve Frank
of school, being homeless, or ending Robert Frankland & Kathryn Scott
Chris Goelz and Joanne Abelson
up in the juvenile justice system. With Darnel Gottlieb
Greater Saint Louis Commurnty Foundation
offices in five of our state"s largest
Mary and Mark A Griffin
counties (King. Pierce. Snohomish. Cynthia Hennessy
Hon Anne Hirsch and Tom McDonald
Spokane. and Yakima). TeamChild assisted
John Hoerste1
more than 940 youth in 2015 to help Mark and Julie Hutcheson
Hon Mark and Carter Huth
keep them safe. housed. and in school.
Mark Johnson
TeamChild l everages its legal expertise Joan Kleinberg and Phil Katzen
W1ll1am Kinsel
and community partnerships to break Hon Sarah Knowles
down barriers to community services in order to overcome the Paul B Mack
J Richard Manning
root cause of a youth's involvement in the juvenile justice system.
.......................................... Aurora and David Martin
John Midgley and Lynn Gre1ne1
M1lle1 Quinlan & Auter
"/ have been supporting the Campaign Mark B Packer
for Equal Justice for more than a decade Robert and Diane Pittman
W1ll1am Reed
because I believe that providing legal Nathan P Robe1 ts
Frank and Miriam Rubin
services to those in need makes our Schauermann Thayer & JiJcobs
communities safer and healthier places Robert E Sch1llberg
Gerald T Schley
to live. And it's the right thing to do, Alice Schroeter
David and Bonnie Shannon
especially for lawyers." Julie Shapiro
Philip (Wick) Dufford. monthly donor since 2002 Paul M Silver
....................................... Bryan Smith
David & Linda Strout
In 2015. TeamChild further expanded its juvenile record-sealing Terrell Marshall Daudt & W1ll1e
John Teutsch
program. offering clinics in Kent. as well as Seattle. and helped Elizabeth Thomas and Rondld Roseman
to support a Spokane record-sealing clinic administered by Thompson & Howle
Thorner Kennedy & Gano
Gonzaga University School of Law. This l aid the groundwork to Cesar E Toires
Hon Tom Tremaine and Sall y P11tchard
expand the record- sealing program to Pierce County in 2016 by
Enc and V1Jayanth1 Tuttle
partnering with Tacoma-Pierce County Volunteer Legal Services. Pat and Ed Wagner
William Way
The program is a lifeline for many low-income youth and young
Gordon Wilcox
adults trying hard to graduate and secure employment while Christopher E Young
David A Zapolsky
struggling w ith family poverty.
915
FUELING JUSTICE farfamilfe)
KING COUNTY LAW FIRMS
Adolph Law G1oup
Al ston Courtnage & Bassetti
Aoki Law
Baker H ostetler
Bennett Bigelow
Bush St1out Kornfeld
Byrnes Keller Cromwell
Cable L.:ingenbach Kinerk. & Bauer
Ca1rncross & Hempelmann
Calfo Hamgan Leyh & Eakes
Carney Badley Spellman
Chnst1e Law Group
Corr C1on1n M ichelson Baumgardner
Fogg & Moore
Curran Law Firm
Cutler Nylander & Hayton
Davis Wnght Tremaine
Dorsey & Whitney
Fain Anderson VanDerhoef
Fenwick & West
F1kso K1 etschmer Smith and Dixon
Floyd Pfluege1 & Ringer
Forsberg & Umlauf
Foster Pepper
"Valerie" came to the Eastside Legal Assistance Program
Frank Freed Sub1t & Thomas (ELAP) as a referral from the Domestic Abuse Women's
Fnedman Rubin
Network. She sought assistance with her divorce and securing a
Garvey Schubert Barer
Gordon f 1lden Thomas & Cordell domestic violence protection order (DVPO) against her husband.
Gordon Thomas Honeywell The couple has been together since high school an~ has a four-
Hanson Baker Ludl ow Drumheller
year-old daughter.
H1ll1s Clark Mai tin & Pete1son
Hilyer Dispute Resolut ion From the beginning of their relationship. Valeries husband was
lnslee Best Doezie & Ryder
Jameson Babbitt Stites & Lombard
physically and emotionally abusive. After the last incident. Valerie
Joh ns Monroe M1tsunaga Kolou skova decided it was time to end the abuse. She al so feared for her
Johnson Fl ora
daughters safety because her husbands brother is a registered
Johnson Graffe Keay MonJZ & Wick
Joyce Z1ker Purk1nson sex offender.
Jud1c1al Dispute Resol u tion
K & L Gates
As retaliation for leaving. Valeries husband filed a DVPO against
Karr Tuttle Camp bell her. Valerie then filed her own DVPO against her husband.
Keesal Young & Logan ELAP represented her at the hearing at which the commissioner
Keller Rohrback
K1lpatnck Townsend referred the case to family court services. An ELAP fellow
Kinsel Law Offices represented Valerie and family court services recommended
Kipling Law Group
Valerie be protected and her husband not have any visitation
Knobbe Martens
Krutch Lindell Bin gham Jones until he completes six months of a domestic viol ence treatment
Lane Powell" program. Thanks to the legal help she received from ELAP,
Langfeldt Law
Valerie finally feels her daughter is safe.
Law Offices of James S Roge1s
Law Offices of June K Campbell
Law Offices o f W1ll1am E Weigand '
916
GRANTEE SPOTLIGHT ELA p
KING COUNTY LAW FIRMS
The Eastside Legal Assistance Program provides access to Livengood Alskog

justice through free civil legal aid to low-income residents Mary Foster
McNaul Ebel Nawrot & Helgren
of east and northeast King County, and domestic violence MFR Law Group
assistance throughout King County. ELAP operates 11 legal Miller Nash Graham & Dunn
Montgomery Purdue Blank1nsh1p & Austin
clin ics (six general law and five specialty cli nics) where. in 2015.
Moschetto & Koplin
staff an d volunteers served 959 low-income clients. Nellermoe Wrenn
O Brien Barton & Hopkins
Ogden Murphy Wallace
"We are proud to support the Campaign for Orrock Herrington & Sutcl1fte
Equal Justice because we believe in providing Oseran Hahn Spring Straight & Watts"
Otorowsk1 Johnston Morrow & Golden
equal access to the law. Supporting the
Pac1ftco Law Group
Campaign is the best way to help the Patterson Buchanan Fobes & Leitch
thousands of low-income families in our Perkins Co1e

Phillips Law Group
community who need critical legal assistance." Preg 0 Donnell & Gillett
Robert A . Blackstone. Partner in Ch arge Reed McClure
Davis Wrigh t Tremaine Seattle Office. donor since 1992 Ryan Swanson & Cleveland
Sav1tt B1uce & Willey
Sayre Law Offices
Specialty legal clinics cover the areas of family law. bankruptcy. Schlemle1n Goetz Fick & Scruggs
immigration. and more. and are operated across the county in Schroeter Goldmark & Bender
Schwabe W1lltamson & Wyatt"
partnership with many social service providers. ELAP serves Seed Intellectual Property Law Group
indivi duals living at 200% of t he federal poverty level and Seligmann & Flaherty "
S1mburg Ketter Sheppard & Purdy
domestic violence survivors referred by a DV advocate. legal aid
Smith & Hennessey
agency. or social service agency. Smith Goodfriend
Snurc Law Office
Annually. through a network o f more than 200 volunteer SoC1us Law Group
attorneys and three staff attorneys. Soha & Lang
Spencer Hall & Associates
ELAP excels at assistance to
Stoel Rives
domestic violence survivors. Stokes Law1ence
partnering with key community Strata Law Group
Summit Law Group
groups and human service agencies
Talmadge/Fitzpatrick /Tribe"
to provide advice clinics at crisis Teutsch Partners
cent ers. chu rches. and other The Nadle1 Law Grou p
The Nathanson Group
neighborhood-based sites. The Real Prop erty Group
Tousley Brain Stephens
The organization's vision is simple
Tsongas Ltttgat1on Consulting
and straight forward: All people Vandeberg Johnson & Ganda1a
on the Eastside and survivors of W 1ll1ams Kastner
Wil son Sons1nt Goodrich & Rosati
domestic violence countywide will
Wilson Smith Cochran & D1Ckerson
have access to justice in the civil W 1nterbauer and Diamond
legal system. Yarmuth W1lsdon
917
FUELING JUSTICE far veteraf/5
PIERCE COUNTY LAW FIRMS
Ben F B~rcus & Associates'
Connelly Law Offices
Davies Pearson
Dickson Law Group'
Eisenhower & Carlson'
Evergreen Personal tn1ury Counsel
Gordon Thomas Honeywell'
Harold D Cari Attorney at Law
Kampbell & Johnson'
Law Office of Lynn Johnson
Law Offices Krupa & Clark
Law Offices of Mark C Wagner
Margullls & Ray
McGav1ck Graves
Morton Mc Goldrick
Oldfield & Helsdon
Palace Law Offices
Pfau Cochran Vertet1s Amala'
Rush Hannula Harkins Kyler'
Small Snell Weiss Comfort'
S1ephen Fisher
Troup Chnstnacht Ladenburg McKasy
& Durkin'
Vail Cross & Associates
Vandeberg. Johnson & Gandara " Jeff," a veteran suffering from Post-Traumatic Stress Disorder
W1ll1ams Kastner
(PTSD}, came to Blue Mountain Action Council (BMAC)
Pro Bono Lawyer Referral Program because he was facing
imminent eviction. The landlord, represented by an attorney.
claimed Jeff had failed to pay rent for several months. Jeff
Au law firms donating insisted he had attempted to pay. but h is checks were refused.
$300 or more per In addition. Jeff reported the landlord had punched holes in his
attorney are designated door and acted in a threatening manner. t riggering symptoms of
as Champions of Justice. his PTSD.
They are identified with
an asterisk (") next to their Unable to afford an attorney or comprehend t he legal documents
names on pages 6 - 8 . his landlord's attorney served him. Jeff was skillfully guided
through this stressful and potentially life-altering situation by
BMAC. Although BMAC's volunteer attorney was not abl e to
prevent Jeffs eviction. he was able to make sure the $5.000
judgment against him was dropped and allowed Jeff to stay
in his house for one month before needing to vacate. With the
assistance of a volunteer attorney. Jeff avoided a large financial
burden and homelessness.
918
GRANTEE SPOTLIGHT
BLUE MOUNTAIN
ACTION COUNCIL RAINIER CUP WINNER
Blue Mountain Action Council Pro Bono Lawyer Referral Congratulal1ons to the attorneys of
Whatcom County winners of the 2015
Program is one of our small but mighty grantees-in 2015, t his Raimer Cup wh ere 41% of the legal
legal aid program grew by 66%! BMAC is a community action commun1ly made gifts to the Campaign
for Equal Justoce
nonprofit agency serving residents in Southeast Washington.
Staff and volunteers work to meet basic needs of low- income
families and individuals. offer opportunities for people to achieve The Rainier Cup is
greater levels of self- sufficiency. develop strategies to prevent awarded to the bar
poverty. and leverage community support and volunteerism. association that has the
highest percentage of
Clients receive ongoing legal services including:
members donating to
Bankrupt cy assistance the Campaign for Equal
Limited or f ull representat ion Justice.
Preparation of complex legal documents
Group clinics with an attorney present BAKER CUP WINNERS
Bonney Lake Municipal Court
"Low-income people can o~en face a Chelan County Dist rict Court
Chelan County Superior Court
multitude of seemingly mundane-but Cheney Mun1c1pal Court
potentially devastating-legal issues. Douglas County District Court
Douglas County Supenor Court
As a champion of the rule of law, I can East Wenatchee Municipal Court
ensure everyone has equal access to legal F11nest Municipal Court
Jefferson Coun ty Superior Court
representation by supporting the Campaign Pasco Municipal Court
for Equal Justice." Poulsbo Munocopal Court
Ruston Munoc1pal Court
Margaret Niles. Partner. K & L Gates. new donor
Sedro Woolley Municpal Court
Skagit County District Court
In 2015. BMAC pro b ona staff started regular intake clinics at Skagit County Superior Coui t
Snohomish County Superior Court
the local Veterans Center. This clinic was created in response to Thurston County District Court
feedback from staff and clients that the traditional intake process Washington State Supreme Court
o ften acted as a barrier to services for vulnerable (homeless and/

or mental ly ill) veterans. BMAC also uses the clinic as a method
Courts achieve Baker Cup
of referral to the local Northwest Justice Project office when
status when 100 percent
appropriate.
of their judges make
In 2015, BMAC volunteer attorneys gifts to the Campaign for
donated 423 hours of pro bona t ime. Equal Justice.
which amounts to a value of $85.962 in
donated services. The program served
246 low-income families last year.
919
2015 Financials
INCOME
Net interest on IOLTA accounts
$1,716,593
PARTNERS
:> JSTICE
-$
TiLOM Abcuos
~L.c.rj8
o..dltsTI
!lalandl'.en11>5:1rs
Gol.11.Uns
D...in!Batw39oernor
Ylentt!lal'l.lfand
l!rMI-
l!ardJ!l<7jtr
liaH.orts
1(5\Hau!nn\
lkrd ... llcllatA.'lf<otts
ll:iblll.J!"'~
.-.
#ONJ~'llC!l
SUcy Qalrd Jell Shaw
J">:rOQam
Mac~NFtm Amil.Snee M<ne!!lbmsev<n
Investment income HonRober.H.Alsdor'
lnOffnsd llcW..al& Ochs Josepl!rdlasel!r'V"" -~
.lnllle!st:llond Raeg~ Rwoc one!
$27,458 Shomll.""""""
Damt!aJ.lndenal
hi~
DenWMrcr
c.::-.r..-
Br"'1a.My
Secy lJrd:st
JoarnrHlny
Al'.enClscri
Am'IP""1
--
Om nl Or.stno llohona11.tc11ot1 Hon.T"" S.. RonoUj Hesiql i.wya ilP:"'
State pass through funds Asllortrmer .lcmMoffillnl Ha\ o-.lfS s :uOeU. k ?.v.'lol:an!&T.Nl.11 >..r:igeJmibelsdieland
$1,903,000 J.riA.~ Hon.1Clr811.818 ""'lit !Ur-ai kONHc)'>I t.<>sl1-r!tr0
W<la"ION--
---
-,~ JLdgtGr!pyC--.R a..iu> Hsu
Krnene.n.. Joaclwn &ICl$Momson Jt.dgt8'rbo'alrde Wl.Lar>andllobcnllltfllco c:.ot.LRol.Ro
-""
Private unrestricted contributions ~e.n.. Po:rdbld!Uray Jelf c.p.la<o Oonald- M<naetba:o
Po:rdA.Po<Jct Amll(.ny 1la4i.3S'lms
$2,418,275 Gary! .lcrles
laulPowers
Oilll!e!&<r
-.-
SMUal.J!"'Pab'csnl
SarleyA.U'.sm
Su5mahCar
Giem ,(nsn and l!trny llenl
EmKalpn!Petf!Glalf S1l>m SalMro'1> ..
Cy pres awards
--
Matthe'B"i'""" ~K510dse< S:...Clwu 0..dSKeeran ~nl Jcm S.0-,a Luc~
$1,037,432 Bc:On!Rarcfti!'- -andGtaf!l'eT<ll ~ .. 1.oo:1rso,z KM\and.ls!M'.!f llal~and

St!phe1 Gocuy .lwnesf!Oa\.t LZ3'ftV..,,.-31
S<""'Bmn DMIK.1""'8"
Home Justice & Chartone Cht-Q.iir IAl>fl'owe<s Hon S:-11. Clough O"')i~
Gr!pyEPra Pl')'>SINC!anr ls<li!Scocoa
Prison Re-Entry
$6,595,047
e..t...Oa\and
KittBroorel
Tom and )le (oll.r5
Wnllam8and
L:rm?nMbs
Jcm Plrta4!h and
JILeElm!tt
!Ce~'>(CICTB\
Hon Harrett !.Wy Cody
l.Glhi<'.3)1-""
Hon.o...iA.~
Gr!pyi.lln>s
-Scott
BenShtf'.DO
Ada Shen-Jalfe and
TheCometH.eaiad Faniy Er< l.alsw!\
ICllhlN111Coll.r5 Sa..ttnam Dr r......i.11 i.rt.
DawKCJnw>t Malll."3arl<
l\J!andLuEC......U, MC.aetlbJgw Yd'ariS~and Nftllt
s:....s.....ma
--
WllirtOrrMgs Rwell &rill PrttaRC""""i' ll>cNolSron
!b'<llt
Thlrols J W.- S..Sam!ml Thara<Ccl G>iRSmtn
PaW L<tUoocad
0...'5-lnf.m LQSchdl ......,....,cyires .lcnolhillllllayd
<ngSnlh
0mcsax...y lla1 nf A..a !lfMll Sco:iA.s-..h
Ftl>Gli.ria
WdnfSIBaMO<d .latresP~an:I Hon c.atrn llm-rl .Ires A. Sn;\ i
Barnollaawg-
Kam Mara>tt XU....... Hon PU. B ~and
--lo
IXglnScNot'etdt& We!dl .lwnesPa!nd~i o.l l.otn s.bara IA>dsen
EXPENSES \>."'a> O'd Ar.nll Owj9
LntaEbberson
Jed p Sas:toem
DawdSco!ra>
Tyan!Ors~
l(ara>El:q.
...ii. Oonald lloc:sal
LanStiydor
AmSolr"(...
HI fl>r,g s:a... -!Br>
Annual grants
M>y6den
Hon..l>na!E.Ellis o...i (_ 00.... anj Oebcnh
Karo Esp
~Todde..n o...iN!b'<
~-
llobBtnlKall>.fenSpottor
$6,892,042 S:M..CHM>Slis
Ao:n""'7 Ef .......
~
IQy M<Myand Pr.a- Va.
S.-OF~
Hon.Dc..t... J In!
--...
Hon Bradey Mm
PU nl Sha<ai ~
u.""'nSprg
-w- Hon B!enJ fa< aranS:o...
Home Justice & Prison Re- --~
M'..by
-Fdse
~w.115
W.,.,.,,,~'IUY
Gary Fa.Jon an!
ll!onaO.llxro
Hon.TCJ'l-
Ulo5:oA.Mdlcntl
Srocl:Slilos
Entry grants Uu!Fa..-.n LnRrm Hon.Jlror-eFam
... Osnsl Mru..n - .. E.S:ars
lblt!W B S<Bg"t
$4,967,340
One-time grants
ka>-
M<Nf!Gdland
5usan llc&.noy
Jcml'/!Wn
Hon JayV Wh.:f(m)
Dan fad and
l3iy anj ?.wn Fero:M
S:.pha\Ftta...nnl
M:rwrw Knc:W.!On
5usanMcmisn
.lcmlid<a'f
Am Menyf1eld
Jeff!Pf anj Palsy 5Jl"1fl
P.,.T-
D...illbll
5usan WO!tt-fcn! Hon s,,, and .Jorn'er Meyor
-Gtjr".... NattyM.Ho'~an:I wn....lo)'.or
Peg)' Wil;ams R!SMISSM 1.1.!ir -. t.N Fm
-
$492,013 WmnJG!l>at Pe<erftts
K81c .nl Jean M.!LUn
llll>eaalla-"55
Ort Gosl!.n In! MlrtfO S:.ri Kortt:n\Yilmsl Knstllf..... DMlTlvn
Hon !.Wy Sol! Wl5on Lnta anj Tery Fm Vdyllr:o
Program expenses -..~ May-nt.a-,.,.ton
is.. Cir..mld O'd v...cn
e;.,,.. Msstol .nl Hon """1110 Rldi(I!<) iCftn 0 llocn
fr<Tc<lofn.tj
$892,143 Rober.GanU8 Ka:eo.wlJr ~FUii: 5:<pl'st .nl Pa:1y !lar5'0)'
""'" JGrabcb
~Yegtor
oa-.na.,v Zlrw!s~
"""'Gnla 11.<haetMl.IYftll
s.:..m~~
.......
Hon.lnlaand
Administration 'lobnGGRy A.oll\llGm<i ... b>yTcrW!s
...,...,_,anj . . . Heny 9-lll.Uply 5:!p1e! anj c..... hits
.ll!m'erGuid J>/Ged<
$461,696 Ka:rqnGu)arna lddasGotiBt -\elson Hon M<Nft and
He.!eUFft!Bral ADVOCATES ll<l'ae(O'dl.n!3GlrJ&'>iy WU-FNel5on lk<l.<>sTrmy
Han !!n.a w Ki,., OF JUS... ICE
$250-$199
"'1cry&oo JootP~d'ds Hon and MB Gl<g<rf J Tnpp
Wll-and
~Saxt Jus1a Gtny Anander [Rot)
sn.r.or.,
JcmGddmw'c
Hodflall
lnOffcof - "'l=t
S:.pte>_...,.,nl
--
l,lclw(fll.Olon !Bft\'.l>gnt
5oP'< K!gor ltn Hon Lesley~ """" anj Ylfniy Gda....t M.lJ! ard ......... ()nsby
~ba.il<f)'
.IDlhloJ!ors
Ml:lan:IS.--
l!ral/.ranon
S:MnGciil!s:en
lle!'<J'Gcnoznl
Ka""91 0 5<i:N>n -~
Mc..tS~
SroU OSdlrvln
#'flSll.netsJnScm&
1.od
O..dBArdmon
.latreslAIJs:lli Jostpl!KC'.crda\Jr .luruc Susan J """ AnW,,.
5"n:/Wd"1
i...rqwwr.
3 Ge1'd J<mson
DftftR (/.er
l!r>dan:IAnh>A.u!I Tcn&JILeGron:ri
-~
Hon.-.l!Pl'-.Mand HcnJostpllOW'SJn
Utrri;.e LMnCIU"M
o...i9""
J....,9""
""'~
W..G ym Fm<le:man s..-.nWr:JJ
S....ard Mgtta Polletia
~&i1'!!<PS R.cl>s;fA.i!ain 1.b'ltnH.m Ha\TharasJWtme
Hon.llcllatfl.-d
-z,,..
l.Hotfcafl!r<t! Hon.11.-JKa>/l!Kltr Hlny ord i<n ~ ParylYta.clt
r....,u.o G.!boardlola>Cal!enler N<:aHM
!.WyOe:ssan l!rl.CfZ....,
<ion J Rober. Ledland .lEr<l'!o!nal
Hon~ J B<ndas U-UKH.1.""""
u. va:..""' M:han:IDIN:dB<lr'l' Tan-
SfillllAleWI
10
920
THE CAMPAIGN FOR EQUAL JUSTICE: We are grateful for the dedication
and extraordinary leadership of
LFW's unified fundraising drive our 2015 Boards of Trustees
The Campaign for Equal Justice is the only state-wide fundraising LEGAL FOUNDATION OF
WASHINGTON
effort for civil l egal aid. We raise private unrestricted funds for
Loren Etengoff Pres1d'1nt
23 Legal aid providers in Washington. Our coordinated fundraising M Laurie Flinn Connelly VocP P1es1dent
model allows the l egal community to give once a year. reducing Kai a Masters Secretory
Geral d Schley Treosure1
duplication and confusion. and raising more money.
Russell Aoki
In 2015, 5.000 individuals supported civil legal aid by contributing Judge Johanna Bender
Judge Frank Cuthbertson
$1.2 million to the Campaign. Thank you to all our donors whose John Goldmark
support changes lives every day in every community in our state. Peter G1ab1ck1
Education ~ 321 Legal Problems Addressed CAMPAIGN FOR EQUAL JUSTICE
Employment ~ 603 by LFW Grantees in 2015 Rima Ala1ly President

Andre Penalver Vice President
Benefits 1,418 Mark Gnffin Secrerary
Juvenile, Health & Other 2.899 June Campbell Treasurer
Kirsten Barron
Consumer - 2.631 Quentin Batier
Im migration and Individual Rights I 4,810 Robert Blackstone
Joanna BOJsen
Housing Ii 6.797
Ann Bnce
Family & Safety - 9.301 David Burman
Jen Chavez
Stephen Ellis
Client Demographics LFW Grants
Loren Etengoff
W1ll1am Etter
Kristin Ferrera
Rebecca Glasgow
Cynthia Hennessy
John Hoerster
Mark Johnson
Theresa Keyes
W1ll1am Kinsel
Richard M anning
Shawn Murphy
Th erese Norton
Patnck Palace
R;:ich el Sh elton
Dougl as Siddoway
Bryan Smith
~ Gail Smith
Other American Jill Stone
7% 2% John Teutsch
Thomas Ve1tet1s
In 2015. LFW awarded $12.3 million in grants. and our grantees
helped more than 30.000 individuals and families facing urgent
Legal problems. Additionally. the systemic advocacy of our
grantees positively impacts hundreds of thousands of Low-income
Washingtonians each year.
11
921
922
WSBA
FROM: Joy Williams, WSBA Diversity Program Manager

Robin Nussbaum, WSBA Inclusion & Equity Specialist
RE: Diversity and Inclusion Events
WSBA Diversity and Inclusion Events
Education, Collaboration, and Partnership

Working closely with staff, volunteers and community partners throughout the legal community
is foundational to the successful implementation of the diversity plan. WSBA participates in and
provides a variety of opportunities to increase cross-cultural competency, awareness and
engagement. Your participation communicates WSBA's commitment to representation and
involvement in advancing inclusion.
Diversity & Inclusion Events for WSBA Staff and Volunteers

When What How You Can Help Who To
Contact for
More Info
OctoberTBD Continuing the Conversation for Staff FYI only Robin N.
Mascots and Costumes
October 18 Accessibility Toolkit Training for Staff FYI only Robin N.
November TBD Continuing the Conversation for Staff FYI only Robin N.
The Meaning and Impacts of "Passing"
November4 Training for Environmental and Land FYI only Robin N.
Use Law Section
Diversity from the Inside-Out
December TBD Continuing the Conversation for Staff FYI only Robin N.
Masculin ity
923
Washington State Minority Bar Association and other Diversity Events
When What How You Who To
Can Help Contact for
More Info
Thursday South Asian Bar Association of Washington Attend Joy or
September 3 0 Annual Event Margaret
Wednesday Washington Attorneys with Disabilities Attend Joy or
October 5 Annual Event Margaret
Saturday Filipino Lawyers of WA Annual Event Attend Joy or
October 8 Margaret
Wednesday Vietnamese American Bar Association of Attend Joy or
October 13 WA Annual Event Margaret
Thursday Washington Women Lawyers Annual Event Attend Joy or
October 14 Margaret
Friday Asian Bar Association of WA Annual Event Attend Joy or
October 21 Margaret
Wednesday Mother Attorneys Mentoring Association Attend Joy or
October 26 Annual Event Margaret
Thursday Northwest Immigrant Rights Project Attend Joy or
October 27 Evening at Wing Luke Margaret
Contact Information
Joy: joyw@wsba.org or 206.733.5952
Robin: robinn@wsba.org or 206.727.8322
Margaret: margarets@wsba.org or 206.727.8244
Frances: francesd@wsba.org or 206.727.8222
Terra: terran@wsba.org or 206 .727.8282
924
WSBA
To: Budget and Audit Committee and Board of Governors
From: Tiffany Lynch, Controller

Re: June 30, 2016, Financial Statements (75% of fiscal year)
Attached are the year-to-date financial statements through June 2016. We are three fourths of the way
through the year and most revenue and expenses are within acceptable ranges of the budgeted
amounts. Below is a highlight of revenue and expenses as of June 30, 2016.
REVENUE AND EXPENSE ANALYSIS
General Fund Revenues
Licensing Revenue is slightly above budget. Currently, we are at 76.19% of budget; compared to last
year at this time, we were at 86.21%. We have collected the majority of license fees for the year so
we expect licensing revenue will come in over budget by approxima tely $250,000 at year-end.
Interest Income is over budget at 91.33% and is expected that we will come in over budget at the
end of the year.
Gain/Loss on Investments is currently over budget by approximately $73,423 (246 .85% collected).
This revenue has fluctuations throughout the year, however it is more lim ited now that WSBA is no
longer invested in the equity market. We expect to rem ain over budget through the rest of the yea r.
Bar Exam Fees revenue is curre ntly higher than budget at 94.97% and will continue to collect
additional revenue throughout the rest of the year from application fees. Based on cur rent
co llections through August, we expect to come in on budget.
Recovery of Discipline Costs revenue is over budget by approximately $32,487 at 134.65%. This is
difficult to predict because it is dependent upon the number of attorneys who choose to pay costs in
order to resume practicing, as well as the amount owed by those attorneys. Based on current
collections through August, we expect to continue col lecting funds resu lting in being over budget by
at least $42,000.
MCLE Revenue is higher than budget at 99 .08% and based on current collections through August, we
expect to come in over budget by at least $82,000. The majority of the additional revenue ca me
from late fees, which are difficult to predict.
Washington State Bar Association 1325 Fourth Avenue, Ste 600/ Seattle, WA 98101-2539 206-443-9722 / fax: 206-727-8310
925
Seminar Registrations Revenue in New Lawyer Education is under budget at 30.63% collected
($69,370 under budget), and we do not expect any additional revenue for FY16 . The budget for this
line item was substantially increased in FY16 to mirror the FY15 revenue t rends; however, the
numbe r of registration numbers were lower in FY16, and due to staffing vacancies, fewer programs
we re offe red.
NW Lawyer Revenue is slightly under budget at 72.87%; however there is a t im ing issue due to the
number of issues published (9) as compared to the num ber of months in a year (12). Factoring in
this va riance, the reve nue is on target and we expect to come in on budget.
Reimbursement from Sections revenue is over budget at 101.80%. Thi s revenue is generated from
the section per-member charge and is budgeted based on the estimated total number of section
memberships for the year. At this poi nt in time, the majority of section dues have been paid so we
do not expect any significa nt additional revenue.
Indirect Expenses
Salaries for regular employees are slightly under budget at 72.63%. This is a result of staff turnover and
open positions that will continue to go unfilled for the remainde r of the year. Temporary salaries are
significa ntly under budget at 36.98% and the majority of our tempo rary staff needs have been met for
the year. Therefore, we expect to come in under budget on t emporary salaries. Employee benefits are
under budget at 70.09% spent so far this yea r, consist ent with lower sa laries and open positions.
Other Indirect Expenses as a whole (rent, insuran ce, depreciation, property taxes, etc.) are slightly over
budget at 76.47%, mainly due to Remodel Expenses from the WSBA renovation project that spanned
between FY15 and FY16 and fo r w hich we did not includ e a budget amount. We also expect expenses to
exceed budget in the following categori es: Workplace Benefits which is over budget at 116.19% due to
higher than expected expenses and additional unanticipated expenses to support staff during
renovation, Staff Training which is over budget at 102.22% due to higher than anticipated expenses for
staff conference attenda nce and training, Bank Fees wh ich is higher tha n budget at 91.22% spent due to
the higher number of checks being processed for license fees (rather than members paying using credit
cards), and Professional Fees-Legal which is higher than budget at 87.07% for outside counsel. Human
Resources direct expenses (payroll processing, recruiting and advertising, etc.) are slightly under budget,
but are expected to come in on ta rget, wh ile Technology direct expenses (computer hardware, softwa re,
etc.) are slightly ove r budget but we also expect to come in on budget. We expect to come in under
budget on Office Supplies and Equipment as well as Production Maint enance and Supplies.
General Fund Direct Expenses
Direct expenses are under and over budget in a variety of areas. Overall direct expenses are under
budget at 64.11% spent 75% of th e way through the year.
Some of the key areas are as fo llows:

Bar Exam Expenses (Admissions) as a whole are under budget at this time due to the timing of
exams. The remaining costs budgeted are to be spent for the July exam, which will be reflected
in the July and August financial statements.
Board of Governors expenses:

o BOG Meetings expenses are under budget at 59.45%, however this is mainly due t o
timing of expenses, with the larger expenses likely occurring between July and
Septem ber so we anticipate thi s will come in on budget.
2
926
o BOG Committees expenses are higher than budget at 79.67% and based on current
expenses incurred through August, we expect this to come in over budget by
approximate ly $3,000 due to higher than anticipated travel costs.
o BOG Travel & Outreach expenses are under budget at 48.71% and we expect this to
co ntinue throughout the remainder of the year.
Communications Outreach expenses are low so far this year at 20.42% spent ($3,472 out of a
$17,000 budget). Additional expe nses will be incurred for public education vi deos for the WSBA
website so we expect to come in on budget.
Postage expenses for NW Lawyer are currently higher than budget at 98.84% spent and we
anticipate going over budget by approximately $20,000. We have increased the FY17 Budget
accordingly to be more in line with actual spending.
Outside Counsel {OGC Disciplinary Board) expenses are over budget at 140.36% ($24,214 over
budget). We expect to continu e to go over budget about $35,000 by the end of the year, due to
additional expenses related to prior outstanding cases that began prior to est ablishing
contracted outside counsel.
Continuing Legal Education (CLE)
The CLE Sem inars cost center has collected 77.11% of revenue and are expect ing t o come in on budget.
Direct expenses are 55.66% of budget through the third quarter, compa red t o 88.82% of th e budget last
year, and we expect that they will come in on budget. Indirect expenses are 63.48% of budget t his year
compared to 75.94% of budget last year. We anticipate coming in under budget on indirect expenses
due to open positions that w ill not be filled . Overa ll, we expect CLE Seminars to resu lt in a net zero o r
small positive net income, compared t o the budget ed net loss of ($12 6,530) .
Revenues in the CLE Publicatio ns cost center have continued to climb higher than budget from product
sa les of webcast CLE-Seminars programs and deskbooks. We are currently at 83.89% of budget and are
expecting t o come in on or sl ightly over budget at yea r-end. Direct expenses are slightly higher than
budget at 78.19%, which is consiste nt w ith additional products th at resulted in higher revenue. Indire ct
expenses are slightly lower than budget at 72.63%. We expect total expenses to come in on or under
budget at year end. Ove rall, we expect CLE Products to meet or exceed the budgeted net income by
year-end.
Lawyers' Fund for Client Protection (LFCP)
LFCP reve nues are over budget at 104.08% due to th e collection of LFCP assessments ea rlier in the year.
Currently, t otal LFCP direct expenses are below budget; however, we expect t o see additiona l expenses
for Gifts to Injured Clients in September. Ind irect expenses are on budget and w ill likely remain so
throughout th e rest of the fisca l year.
Western States Bar Conference
The majority of the revenue and expenses for hosting the Western States Bar Conference have been
recorded for the fiscal year. We current ly show a net loss of ($164.56) on the conference, which was
budgeted to a net zero. This loss w ill be covered by the existing fu nd ba lance held for th e confe rence,
which at t he beginning of the fisca l year was $1 1,113.
3
927
WSBA Financial Reports
(Unaudited)
Year to Date June 30, 2016

Prepared by Tiffany Lynch, Controller
Submitted by
July 18, 2016
928
KEY FINANCIAL BENCHMARKS THROUGH JUNE 30, 2016 (75.0% of the year)
GENERAL FUND (Supports regulatory functions and most services to members and the public)
REVENUES: The majority of revenues collected through June are from license fees
REVENUES EXPENSES which are slightly over budget. Additional revenues currently higher than budget
$14,000,000 $14,000,000 include gain on investments, special admissions, recovery of discipline costs, and
$12,000,000 $12,000,000 mandatory CLE fees.
$10,000,000 $10,000,000 EXPENSES: Indirect expenses (salaries and benefits) are slightly under budget due
$8,000,000 $8,000,000 to open positions. Direct expenses are currently under budget due to timing of
activities required for spending.
$6,000,000 $6,000,000
$4,000,000 $4,000,000 PROJECTED NET RESULT: Given current trends, we expect revenue to come in over
budget and expenses under budget, resulting in a lower net loss than anticipated.
$2,000,000 $2,000,000
$- $- FY16 Budget FY16 Actuals Variance
Oct Dec Mar Jun Oct Dec Mar Jun Revenues $12,315,478 $13,082,109 $766,631
Expenses $13,967,262 $13,504,038 ($463,224)
Budget Actual Prior Year Budget Actual Prior Year Profit/(Loss) ($1,651,784) ($421,929) $1,229,855
CLE FUND
REVENUES: Actual revenue is higher than budget due to the increased number of
REVENUES EXPENSES programs held at this time compared to budget and higher than expected
$3,000,000 $3,000,000 revenue from product sales at this time. We anticipate coming in over budget for
CLE revenues at year-end.
EXPENSES: Indirect expenses are under budget due to open positions. Direct
$2,000,000 $2,000,000 expenses are under budget, which is consistent with the proportionate number of
programs held so far this year.
$1,000,000 $1,000,000 PROJECTED NET RESULT: Currently the CLE fund shows a larger net profit
compared to budget and we expect this will continue through the remainder of
the year.
$- $-
FY16 Budget FY16 Actuals Variance
Oct Dec Mar Jun Oct Dec Mar Jun Revenues $1,828,688 $1,936,023 $107,335
Budget Actual Prior Year Budget Actual Prior Year Expenses $1,821,891 $1,557,097 ($264,794)
Profit/(Loss) $6,797 $378,926 $372,129
LAWYERS FUND FOR CLIENT PROTECTION SECTIONS OPERATIONS

REVENUES: Actual revenues are over budget; however, we have collected the majority of revenue REVENUES: The majority of revenue collected by Sections is from member dues, which are over budget
for the year and do not anticipate going much further over budget. at 103.19% collected, and seminar profit shares through CLE seminars which are at 88.98% collected. We
expect revenues to come in over budget at year-end.
EXPENSES: Actual expenses are under budget at this time. We expect to see additional spending for
gifts to injured clients in the remaining months of the fiscal year, which will bring expenses more in EXPENSES: Actual direct expenses are lower than budget. Variances depend on timing of Section
line with budget. spending throughout the year; however we expect to come in under budget at year-end.
PROJECTED NET RESULT: We expect the LFCP fund to come in on or under budget at year-end. PROJECTED NET RESULT: Through June, Sections Operations shows a net profit and we expect to come in
with a lower net loss than anticipated. 929
Budget and Audit Committee
Re: Key Financial Benchmarks for the Fiscal Year to Date (YTD) through June 30, 2016
Date: July 18, 2016
Current Current Year $ Prior Year

% of Year Year % YTD Difference1 YTD Comments
Expected to be on or slightly
Salaries 75.00% 72.95% $222,671 73.48% under budget
(Under budget)
$184,077 Expected to be slightly under

Benefits 75.00% 70.09% (Under budget) 70.77% budget (due to open positions)
Expected to be on or slightly over

$49,076
Other Indirect (due to renovation related
75.00% 76.47% (Over budget) 83.12%
Expenses expenses)
Total Indirect $357,672
(due to renovation related
75.00% 73.01% (Under budget) 74.64%
Expenses expenses)
$766,631
General Fund Expected to be on budget
75.00% 79.67% (Over budget) 81.11%
Revenues
General Fund $256,739 Expected to be on or slightly

Direct Expenses 75.00% 64.11% (Under budget) 65.08% under budget
CLE $107,336
Revenue 75.00% 79.40% (Over budget) 77.31% Expected to be on budget
CLE $135,882 Expected to be on budget (will

Direct Expenses 75.00% 59.76% (Under budget) 84.52% increase consistent with revenue
increase)
CLE $128,913 Expected to be under budget

Indirect Expenses 75.00% 66.62% (Under budget) 71.51%
(due to open positions)
1
Dollar difference is calculated based on pro-rated budget figures (total annual budget figures divided by 12 930
months) minus actual revenue and expense amounts as of June 30, 2016 (9 months into the fiscal year).
Washington State Bar Association Financial Summary
Year to Date as of June 30, 2016 75.00% of Year
Compared to Fiscal Year 2016 Budget
Actual Budgeted Actual Budgeted Actual Budgeted Actual Budgeted

Actual Budgeted Indirect Indirect Direct Direct Total Total Net Net
Category Revenues Revenues Expenses Expenses Expenses Expenses Expenses Expenses Result Result
Access to Justice Board 1,400 - 145,889 220,331 19,262 28,815 165,151 249,146 (163,751) (249,146)
Administration 150,258 78,000 767,072 998,782 689 9,925 767,760 1,008,707 (617,503) (930,707)
Admissions/Bar Exam 1,153,885 1,221,920 581,626 784,183 203,857 385,500 785,483 1,169,683 368,402 52,237
Board of Governors - - 367,779 463,523 203,387 293,480 571,166 757,003 (571,166) (757,003)
Communications 110 45,250 1,113,557 1,482,217 43,580 119,382 1,157,137 1,601,599 (1,157,027) (1,556,349)
Discipline 139,161 106,750 3,980,665 5,271,212 157,075 274,954 4,137,739 5,546,166 (3,998,579) (5,439,416)
Diversity 93,519 98,592 298,165 430,955 10,917 21,200 309,082 452,155 (215,563) (353,563)
Foundation - - 97,870 148,550 4,852 20,400 102,722 168,950 (102,722) (168,950)
Human Resources - - 266,594 247,159 - - 266,594 247,159 (266,594) (247,159)
Law Clerk Program 98,300 92,400 42,590 68,514 5,144 7,550 47,733 76,064 50,567 16,336
Law Office Management Asst.Prog 5,209 6,500 236,084 350,280 3,826 8,095 239,910 358,375 (234,701) (351,875)
Lawyers Assistance Program 10,980 18,000 93,830 119,607 35,102 46,770 128,933 166,377 (117,953) (148,377)
Legislative - - 142,005 235,965 32,465 53,252 174,470 289,217 (174,470) (289,217)
Licensing Fees 9,558,332 12,545,000 - - - - - - 9,558,332 12,545,000
License and Membership Records 200,592 275,500 380,670 517,561 34,996 23,000 415,666 540,561 (215,075) (265,061)
Limited License Legal Technician 4,506 11,325 127,657 178,583 25,905 49,100 153,562 227,683 (149,056) (216,358)
Limited Practice Officers 97,915 130,700 140,332 180,412 6,877 7,100 147,209 187,512 (49,294) (56,812)
Mandatory CLE 692,534 699,000 395,259 574,096 64,059 112,820 459,318 686,916 233,216 12,084
Member Benefits 12,235 3,000 - - 55,683 73,000 55,683 73,000 (43,448) (70,000)
Mentorship Program - - 98,985 163,009 1,311 23,558 100,296 186,567 (100,296) (186,567)
New Lawyer Education 60,371 125,000 200,823 295,679 25,225 35,240 226,048 330,919 (165,678) (205,919)
NW Lawyer 413,476 567,450 163,540 225,778 275,418 391,700 438,958 617,478 (25,482) (50,028)
Office of General Counsel 70 - 502,776 665,812 6,214 20,700 508,990 686,512 (508,920) (686,512)
OGC-Disciplinary Board - - 140,987 187,924 115,308 111,000 256,295 298,924 (256,295) (298,924)
Practice of Law Board - - 51,249 78,014 11,064 4,100 62,313 82,114 (62,313) (82,114)
Professional Responsibility Program - - 127,390 170,683 3,626 6,500 131,016 177,183 (131,016) (177,183)
Public Service Programs 72,400 85,000 195,369 276,782 156,111 219,979 351,480 496,761 (279,080) (411,761)
Sections Administration 316,856 311,250 290,643 407,188 9,973 11,100 300,616 418,288 16,240 (107,038)
Technology - - 1,042,706 1,551,997 - - 1,042,706 1,551,997 (1,042,706) (1,551,997)
Subtotal General Fund 13,082,109 16,420,637 11,992,112 16,294,796 1,511,926 2,358,220 13,504,038 18,653,016 (421,929) (2,232,379)
Expenses using reserve funds 13,504,038 12,329 11,772
Total General Fund - Net Result from Operations (409,600) (2,220,607)
Percentage of Budget 79.67% 73.59% 64.11% 72.40%
CLE-Products 691,855 824,750 382,568 526,765 126,974 162,393 509,542 689,158 182,313 135,592
CLE-Seminars 1,244,169 1,613,500 641,714 1,010,827 405,842 729,203 1,047,555 1,740,030 196,614 (126,530)
Total CLE 1,936,023 2,438,250 1,024,282 1,537,592 532,815 891,596 1,557,097 2,429,188 378,926 9,062
Total All Sections 643,535 680,712 - - 575,573 882,915 575,573 882,915 67,962 (202,203)
Lawyers Fund for Client Protection-Restricted 985,093 946,500 96,863 129,284 225,360 502,525 322,224 631,809 662,870 314,691
Western States Bar Conference 49,759 50,000 - - 49,924 50,000 49,924 50,000.00 (165) -
Totals 16,696,520 20,536,099 13,113,257 17,961,672 2,895,598 4,685,256.58 16,008,855 22,646,929 687,665 (2,110,830)
Fund Balances Fund Balances 2016 Budgeted

Summary of Fund Balances: Sept. 30, 2015 Year to date Fund Balances
Restricted Funds:
Lawyers Fund for Client Protection 2,144,289 2,807,159 2,458,980
Western States Bar Conference 11,113 10,948 11,113
Board-Designated Funds (Non-General Fund):
CLE Fund Balance 53,090 432,016 62,151
Section Funds 1,229,705 1,297,667 1,027,502
Board-Designated Funds (General Fund):
Operating Reserve Fund 1,500,000 1,500,000 1,500,000
Facilities Reserve Fund 3,286,096 2,876,496 1,065,489
Capital Reserve Fund 262,645 250,316 250,873
Board Program Reserve Fund 53,793 53,793 53,793
Unrestricted Funds (General Fund):
Unrestricted General Fund - - -
Total Fund Balance 8,540,731 9,228,396 6,429,901
Net Change In Fund Balance 687,665 (2,110,830)
931
Statement of Activities
For the Period from June 1, 2016 to June 30, 2016
75.00% OF YEAR COMPLETE
FISCAL CURRENT YEAR TO REMAINING % USED

2016 BUDGET MONTH DATE BALANCE OF BUDGET
LICENSE FEES
REVENUE:
LICENSE FEES 12,545,000.00 1,095,991.56 9,558,332.43 2,986,667.57 76.19%
TOTAL REVENUE: 12,545,000.00 1,095,991.56 9,558,332.43 2,986,667.57 76.19%
932

ACCESS TO JUSTICE BOARD

REVENUE:
CONFERENCES & INSTITUTES - - 1,400.00 (1,400.00)
TOTAL REVENUE: - - 1,400.00 (1,400.00)
DIRECT EXPENSES:
ATJ BOARD RETREAT 2,000.00 1,062.81 1,062.81 937.19 53.14%
LEADERSHIP TRAINING 2,000.00 - - 2,000.00 0.00%
ATJ BOARD EXPENSE 11,000.00 4,399.31 10,785.54 214.46 98.05%
ATJ BOARD COMMITTEES EXPENSE 6,000.00 209.00 3,200.00 2,800.00 53.33%
CONSULTING SERVICES 5,000.00 - - 5,000.00 0.00%
STAFF TRAVEL/PARKING 1,165.00 57.21 527.50 637.50 45.28%
STAFF MEMBERSHIP DUES 150.00 - - 150.00 0.00%
SUBSCRIPTIONS - - 427.50 (427.50)
RECEPTION/FORUM EXPENSE 1,500.00 - 3,258.71 (1,758.71) 217%
TOTAL DIRECT EXPENSES: 28,815.00 5,728.33 19,262.06 9,552.94 66.85%
INDIRECT EXPENSES:
SALARY EXPENSE (1.90 FTE) 129,853.00 3,911.08 79,669.06 50,183.94 61.35%

BENEFITS EXPENSE 46,529.00 3,501.66 32,505.29 14,023.71 69.86%
OTHER INDIRECT EXPENSE 43,949.00 3,542.76 33,715.02 10,233.98 76.71%
TOTAL INDIRECT EXPENSES: 220,331.00 10,955.50 145,889.37 74,441.63 66.21%
TOTAL ALL EXPENSES: 249,146.00 16,683.83 165,151.43 83,994.57 66.29%
NET INCOME (LOSS): (249,146.00) (16,683.83) (163,751.43)
933

ADMINISTRATION
REVENUE:
INTEREST INCOME 28,000.00 3,280.38 25,573.15 2,426.85 91.33%
GAIN/LOSS ON INVESTMENTS 50,000.00 7,894.25 123,423.45 (73,423.45) 246.85%
MISCELLANEOUS - 945.97 1,260.92 (1,260.92)
TOTAL REVENUE: 78,000.00 12,120.60 150,257.52 (72,257.52) 192.64%
DIRECT EXPENSES:
CREDIT CARD MERCHANT FEES 7,000.00 467.32 (1,208.17) 8,208.17 -17.26%

STAFF TRAVEL/PARKING 2,500.00 - 1,214.00 1,286.00 48.56%
STAFF MEMBERSHIP DUES 425.00 260.00 260.00 165.00 61.18%
MISCELLANEOUS - - 422.87 (422.87)
TOTAL DIRECT EXPENSES: 9,925.00 727.32 688.70 9,236.30 6.94%
INDIRECT EXPENSES:
SALARY EXPENSE ( 7.91 FTE) 609,726.00 47,795.57 479,649.67 130,076.33 78.67%

TOTAL ALL EXPENSES: 1,008,707.00 79,150.69 767,760.37 240,946.63 76.11%
NET INCOME (LOSS): (930,707.00) (67,030.09) (617,502.85)
934

ADMISSIONS/BAR EXAMS
REVENUE:
EXAM SOFT REVENUE 42,000.00 - 12,250.00 29,750.00 29.17%
BAR EXAM FEES 1,170,000.00 27,000.00 1,111,200.00 58,800.00 94.97%
SPECIAL ADMISSIONS 9,920.00 7,085.00 30,435.00 (20,515.00) 306.80%
TOTAL REVENUE: 1,221,920.00 34,085.00 1,153,885.00 68,035.00 94.43%
DIRECT EXPENSES:
FACILITY, PARKING, FOOD 80,000.00 21,489.49 65,696.61 14,303.39 82.12%

EXAMINER FEES 32,500.00 8,500.00 18,500.00 14,000.00 56.92%
UBE EXMINATIONS 140,000.00 - 42,216.00 97,784.00 30.15%
BOARD OF BAR EXAMINERS 25,000.00 - 7,969.21 17,030.79 31.88%
BAR EXAM PROCTORS 30,000.00 - 13,456.00 16,544.00 44.85%
CHARACTER & FITNESS BOARD 18,000.00 914.38 13,597.70 4,402.30 75.54%
DISABILITY ACCOMMODATIONS 18,000.00 225.00 12,893.03 5,106.97 71.63%
CHARACTER & FITNESS INVESTIGATIONS 1,000.00 14.69 562.83 437.17 56.28%
LAW SCHOOL VISITS 600.00 - 837.33 (237.33) 139.56%
COURT REPORTERS 15,000.00 - 10,557.10 4,442.90 70.38%
DEPRECIATION-SOFTWARE 10,000.00 - 9,942.23 57.77 99.42%
POSTAGE 1,500.00 144.05 2,385.91 (885.91) 159.06%
SUPPLIES 1,200.00 (641.65) 983.79 216.21 81.98%
INDIRECT EXPENSES:

NET INCOME (LOSS): 52,237.00 (58,004.11) 368,402.19
935

BOG/OED
REVENUE:
TOTAL REVENUE: - - - -
DIRECT EXPENSES:
BOG MEETINGS 120,000.00 6,716.82 71,341.63 48,658.37 59.45%
BOG COMMITTEES' EXPENSES 30,000.00 4,631.64 23,901.16 6,098.84 79.67%
WASHINGTON LEADERSHIP INSTITUTE 60,000.00 - 60,000.00 - 100.00%
BOG CONFERENCE ATTENDANCE 16,500.00 149.42 10,907.35 5,592.65 66.11%
BOG TRAVEL & OUTREACH 50,000.00 4,548.34 24,354.43 25,645.57 48.71%
ED TRAVEL & OUTREACH 5,000.00 304.60 2,992.73 2,007.27 59.85%
BOG ELECTIONS 5,000.00 111.04 3,976.59 1,023.41 79.53%
STAFF TRAVEL/PARKING 4,000.00 328.00 3,402.00 598.00 85.05%
STAFF MEMBERSHIP DUES 1,680.00 1,060.00 1,672.10 7.90 99.53%
TELEPHONE 1,300.00 112.24 838.94 461.06 64.53%
INDIRECT EXPENSES:
NET INCOME (LOSS): (757,003.00) (57,485.95) (571,166.02)
936

COMMUNICATIONS
REVENUE:
AWARDS LUNCH/DINNER 45,000.00 - (840.00) 45,840.00 -1.87%
50 YEAR MEMBER TRIBUTE LUNCH 250.00 - 810.00 (560.00) 324.00%
WSBA LOGO MERCHANDISE SALES - - 140.00 (140.00)
TOTAL REVENUE: 45,250.00 - 110.00 45,140.00 0.24%
DIRECT EXPENSES:
IMAGE LIBRARY 4,000.00 - 4,099.00 (99.00) 102.48%
BAR OUTREACH 1,000.00 212.78 1,110.54 (110.54) 111.05%
ABA DELEGATES 5,600.00 - 480.01 5,119.99 8.57%
ANNUAL CHAIR MTGS 600.00 - 169.50 430.50 28.25%
AWARDS DINNER 55,000.00 - - 55,000.00 0.00%
50 YEAR MEMBER TRIBUTE LUNCH 5,800.00 - 7,502.85 (1,702.85) 129.36%
JUD RECOMMEND COMMITTEE 5,000.00 388.92 4,556.90 443.10 91.14%
PROFESSIONALISM 1,000.00 - 636.88 363.12 63.69%
ONLINE EXPENSES - - 303.20 (303.20)
COMMUNICATIONS OUTREACH 17,000.00 1,287.00 3,472.06 13,527.94 20.42%
TRANSLATION SERVICES 2,500.00 71.10 2,377.90 122.10 95.12%
DEPRECIATION 2,712.00 226.00 2,030.00 682.00 74.85%
EQUIPMENT, HARDWARE & SOFTWARE 1,520.00 91.49 831.48 688.52 54.70%
STAFF TRAVEL/PARKING 4,500.00 553.68 5,774.07 (1,274.07) 128.31%
STAFF MEMBERSHIP DUES 1,950.00 - 1,141.00 809.00 58.51%
SUBSCRIPTIONS 7,250.00 - 6,635.80 614.20 91.53%
DIGITAL/ONLINE DEVELOPMENT 3,750.00 256.57 2,409.13 1,340.87 64.24%
CONFERENCE CALLS 200.00 43.47 49.86 150.14 24.93%
INDIRECT EXPENSES:
TOTAL INDIRECT EXPENSES: 1,482,217.00 118,432.21 1,113,556.78 368,660.22 75.13%
TOTAL ALL EXPENSES: 1,601,599.00 121,563.22 1,157,136.96 444,462.04 72.25%
NET INCOME (LOSS): (1,556,349.00) (121,563.22) (1,157,026.96)
937

DISCIPLINE
REVENUE:
AUDIT REVENUE - - 2,006.00 (2,006.00)
RECOVERY OF DISCIPLINE COSTS 93,750.00 8,480.00 126,237.15 (32,487.15) 134.65%
ETHICS SCHOOL - - 150.00 (150.00)
DISCIPLINE HISTORY SUMMARY 13,000.00 943.64 10,767.46 2,232.54 82.83%
TOTAL REVENUE: 106,750.00 9,423.64 139,160.61 (32,410.61) 130.36%
DIRECT EXPENSES:
COURT REPORTERS 75,000.00 5,788.16 33,431.87 41,568.13 44.58%
OUTSIDE COUNSEL/AIC 5,000.00 - 1,335.62 3,664.38 26.71%
LITIGATION EXPENSES 30,000.00 1,705.50 11,670.98 18,329.02 38.90%
DISABILITY EXPENSES 15,000.00 1,455.66 11,977.36 3,022.64 79.85%
ONLINE LEGAL RESEARCH 57,400.00 4,732.54 38,134.67 19,265.33 66.44%
LAW LIBRARY 15,500.00 140.78 5,513.19 9,986.81 35.57%
TRANSLATION SERVICES 4,000.00 - 1,079.76 2,920.24 26.99%
DEPRECIATION-SOFTWARE 26,500.00 2,204.00 19,840.00 6,660.00 74.87%
PUBLICATIONS PRODUCTION - - 39.40 (39.40)
STAFF TRAVEL/PARKING 38,500.00 3,169.06 28,600.50 9,899.50 74.29%
STAFF MEMBERSHIP DUES 3,554.00 765.00 3,473.41 80.59 97.73%
TELEPHONE 4,500.00 220.04 1,978.02 2,521.98 43.96%
INDIRECT EXPENSES:
SALARY EXPENSE (37.88 FTE) 3,316,555.00 265,167.87 2,542,062.69 774,492.31 76.65%
BENEFITS EXPENSE 1,078,462.00 83,225.39 768,738.03 309,723.97 71.28%
TOTAL INDIRECT EXPENSES: 5,271,212.00 418,763.46 3,980,664.62 1,290,547.38 75.52%
TOTAL ALL EXPENSES: 5,546,166.00 438,944.20 4,137,739.40 1,408,426.60 74.61%
NET INCOME (LOSS): (5,439,416.00) (429,520.56) (3,998,578.79)
938

DIVERSITY
REVENUE:
DONATIONS & GRANTS 90,000.00 - 90,200.00 (200.00) 100.22%
SEMINAR REGISTRATIONS - - 450.00 (450.00)
WORK STUDY GRANTS 8,592.00 357.00 2,869.12 5,722.88 33.39%
TOTAL REVENUE: 98,592.00 357.00 93,519.12 5,072.88 94.85%
DIRECT EXPENSES:
STAFF MEMBERSHIP DUES 200.00 117.00 467.00 (267.00) 233.50%
COMMITTEE FOR DIVERSITY 5,000.00 0.12 3,042.35 1,957.65 60.85%
DIVERSITY EVENTS & PROJECTS 5,000.00 1,003.35 1,686.88 3,313.12 33.74%
SPECIAL EVENTS 5,000.00 804.94 1,864.93 3,135.07 37.30%
SPEAKERS & PROGRAM DEVELOPMENT 1,000.00 - - 1,000.00 0.00%
INTERNAL DIVERSITY OUTREACH 500.00 - - 500.00 0.00%
TOTAL DIRECT EXPENSE: 21,200.00 2,573.07 10,916.73 10,283.27 51.49%
INDIRECT EXPENSES:
NET INCOME (LOSS): (353,563.00) (30,012.42) (215,562.88)
939

FOUNDATION
REVENUE:
DIRECT EXPENSES:
BOARD OF TRUSTEES 5,000.00 40.83 838.31 4,161.69 16.77%
GRAPHIC DESIGN 1,500.00 - - 1,500.00 0.00%
POSTAGE 1,000.00 - - 1,000.00 0.00%
PRINTING & COPYING 1,500.00 - 1,071.37 428.63 71.42%
STAFF MEMBERSHIP DUES 600.00 - 50.00 550.00 8.33%
SUPPLIES 100.00 - 13.51 86.49 13.51%
SPECIAL EVENTS 6,000.00 - 1,600.07 4,399.93 26.67%
TOTAL DIRECT EXPENSES: 20,400.00 73.41 4,852.17 15,547.83 23.79%
INDIRECT EXPENSES:
NET INCOME (LOSS): (168,950.00) (11,441.12) (102,722.46)
940

HUMAN RESOURCES
REVENUE:
DIRECT EXPENSES:
STAFF TRAINING- GENERAL 35,000.00 701.73 10,958.05 24,041.95 31.31%
RECRUITING AND ADVERTISING 7,000.00 405.12 4,769.33 2,230.67 68.13%
PAYROLL PROCESSING 55,000.00 3,356.87 42,311.61 12,688.39 76.93%
SALARY SURVEYS 2,700.00 - 1,015.64 1,684.36 37.62%
DEPRECIATION 5,016.00 418.00 3,760.00 1,256.00 74.96%
CONSULTING SERVICES 7,500.00 - 3,700.00 3,800.00 49.33%
PRINTING & COPYING - - 21.90 (21.90)
STAFF TRAVEL/PARKING 250.00 - 102.00 148.00 40.80%
STAFF MEMBERSHIP DUES 720.00 - 893.00 (173.00) 124.03%
SUBSCRIPTIONS 1,650.00 - 1,772.37 (122.37) 107.42%
SURVEYS - - 29.97 (29.97)
THIRD PARTY SERVICES 13,500.00 - 13,426.02 73.98 99.45%
TRANSFER TO INDIRECT EXPENSE (128,336.00) (4,881.72) (82,759.89) (45,576.11) 64.49%
TOTAL DIRECT EXPENSES: - - - -
INDIRECT EXPENSES:
ALLOWANCE FOR OPEN POSITIONS (120,000.00) - - (120,000.00) 0.00%
TOTAL INDIRECT EXPENSES: 247,159.00 27,540.66 266,593.57 (19,434.57) 107.86%
TOTAL ALL EXPENSES: 247,159.00 27,540.66 266,593.57 (19,434.57) 107.86%
NET INCOME (LOSS): (247,159.00) (27,540.66) (266,593.57)
941

LAW CLERK PROGRAM

REVENUE:
LAW CLERK FEES 90,000.00 2,250.00 97,000.00 (7,000.00) 107.78%
LAW CLERK APPLICATION FEES 2,400.00 400.00 1,300.00 1,100.00 54.17%
TOTAL REVENUE: 92,400.00 2,650.00 98,300.00 (5,900.00) 106.39%
DIRECT EXPENSES:
SUBSCRIPTIONS 250.00 - - 250.00 0.00%
CHARACTER & FITNESS INVESTIGATIONS 100.00 - - 100.00 0.00%
LAW CLERK BOARD EXPENSE 7,200.00 338.74 5,143.67 2,056.33 71.44%
INDIRECT EXPENSES:
NET INCOME (LOSS): 16,336.00 (2,993.68) 50,566.76
942

LAW OFFICE MNGT ASSISTANCE

PROGRAM
REVENUE:
DIVERSIONS 4,000.00 47.50 2,463.75 1,536.25 61.59%
LAW OFFICE IN A BOX SALES 2,500.00 45.00 2,745.64 (245.64) 109.83%
TOTAL REVENUE: 6,500.00 92.50 5,209.39 1,290.61 80.14%
DIRECT EXPENSES:
LIBRARY MATERIALS/RESOURCES 1,500.00 - 729.04 770.96 48.60%
LAW OFFICE IN A BOX 500.00 - 696.96 (196.96) 139.39%
STAFF TRAVEL/PARKING 5,000.00 538.55 2,127.30 2,872.70 42.55%
INDIRECT EXPENSES:
NET INCOME (LOSS): (351,875.00) (22,536.59) (234,700.66)
943

LAWYER ASSISTANCE
PROGRAM
REVENUE:
DIVERSIONS 18,000.00 750.00 10,400.00 7,600.00 57.78%
LAP GROUPS REVENUE - - 580.00 (580.00)
TOTAL REVENUE: 18,000.00 750.00 10,980.00 7,020.00 61.00%
DIRECT EXPENSES:
PROF LIAB INSURANCE 850.00 - 775.50 74.50 91.24%

MEMBER ASSISTANCE PROGRAM 45,120.00 11,280.00 33,840.00 11,280.00 75.00%
PUBLICATIONS PRODUCTION 200.00 - 228.22 (28.22) 114.11%
CONFERENCE CALLS 100.00 - 32.42 67.58 32.42%
MISCELLANEOUS 150.00 - - 150.00 0.00%
INDIRECT EXPENSES:
NET INCOME (LOSS): (148,377.00) (20,412.15) (117,952.54)
944

LEGISLATIVE
REVENUE:
DIRECT EXPENSES:
RENT - OLYMPIA OFFICE 8,702.00 724.84 6,523.56 2,178.44 74.97%
CONTRACT LOBBYIST 28,000.00 - 15,000.00 13,000.00 53.57%
LOBBYIST CONTACT COSTS 1,600.00 - 176.12 1,423.88 11.01%
LEGISLATIVE COMMITTEE 5,000.00 16.03 2,138.83 2,861.17 42.78%
BOG LEGISLATIVE COMMITTEE 250.00 - 275.76 (25.76) 110.30%
STAFF TRAVEL/PARKING 3,500.00 - 3,553.13 (53.13) 101.52%
SUBSCRIPTIONS 2,000.00 - 2,192.97 (192.97) 109.65%
SUPPLIES 750.00 - 113.72 636.28 15.16%
TELEPHONE 3,000.00 479.61 2,490.77 509.23 83.03%
INDIRECT EXPENSES:
NET INCOME (LOSS): (289,217.00) (15,022.47) (174,470.28)
945

LICENSING & MEMBERSHIP

RECORDS
REVENUE:
STATUS CERTIFICATE FEES 21,000.00 1,461.01 16,356.15 4,643.85 77.89%
RULE 9/LEGAL INTERN FEES 15,000.00 1,800.00 10,800.00 4,200.00 72.00%
INVESTIGATION FEES 21,000.00 1,900.00 16,000.00 5,000.00 76.19%
PRO HAC VICE 190,000.00 20,020.00 139,290.00 50,710.00 73.31%
MEMBER CONTACT INFORMATION 28,000.00 1,059.38 17,617.39 10,382.61 62.92%
PHOTO BAR CARD SALES 500.00 60.13 528.13 (28.13) 105.63%
TOTAL REVENUE: 275,500.00 26,300.52 200,591.67 74,908.33 72.81%
DIRECT EXPENSES:
LICENSING FORMS 2,000.00 - 8,348.32 (6,348.32) 417.42%
POSTAGE 21,000.00 78.90 26,647.89 (5,647.89) 126.89%
TOTAL DIRECT EXPENSES: 23,000.00 78.90 34,996.21 (11,996.21) 152.16%
INDIRECT EXPENSES:
NET INCOME (LOSS): (265,061.00) (12,925.80) (215,074.50)
946

LIMITED LICENSE LEGAL

TECHNICIAN PROGRAM
REVENUE:
LLLT LICENSE FEES 2,625.00 182.25 2,056.25 568.75 78.33%
LLLT EXAM FEES 8,100.00 250.00 2,150.00 5,950.00 26.54%
LLLT WAIVER FEES 600.00 - 300.00 300.00 50.00%
TOTAL REVENUE: 11,325.00 432.25 4,506.25 6,818.75 39.79%
DIRECT EXPENSES:
CHRACTER & FITNESS INVESTIGATIONS 100.00 - - 100.00 0.00%
LLLT BOARD 17,000.00 445.33 11,677.21 5,322.79 68.69%
LLLT OUTREACH 7,000.00 173.10 4,453.65 2,546.35 63.62%
LLLT EXAM WRITING 25,000.00 - 9,465.00 15,535.00 37.86%
STAFF TRAVEL/PARKING - - 309.10 (309.10)
INDIRECT EXPENSES:
NET INCOME (LOSS): (216,358.00) (13,511.61) (149,055.91)
947

LIMITED PRACTICE OFFICERS

REVENUE:
RECOVERY OF DISCIPLINE COSTS - - 520.00 (520.00)

LPO EXAMINATION FEES 15,000.00 200.00 11,400.00 3,600.00 76.00%
LPO LICENSE FEES 108,000.00 8,738.95 80,795.00 27,205.00 74.81%
LPO LATE LICENSE FEES 1,000.00 - - 1,000.00 0.00%
LPO CEU & TA LATE FEES 4,000.00 350.00 3,400.00 600.00 85.00%
LPO CONTINUING ED ACCRED FEE 2,700.00 25.00 1,800.00 900.00 66.67%
TOTAL REVENUE: 130,700.00 9,313.95 97,915.00 32,785.00 74.92%
DIRECT EXPENSES:
LPO EXAM FACILITIES 700.00 - 844.46 (144.46) 120.64%
LPO BOARD 2,300.00 - 937.76 1,362.24 40.77%
LPO DISCIPLINE EXPENSES 200.00 - - 200.00 0.00%
FINGERPRINT CARD PROCESSING 1,500.00 38.00 3,002.00 (1,502.00) 200.13%
LITIGATION EXPENSES - - 24.89 (24.89)
POSTAGE 2,300.00 - 1,370.71 929.29 59.60%
PRINTING & COPYING - 607.81 697.11 (697.11)
TOTAL DIRECT EXPENSES: 7,100.00 645.81 6,876.93 223.07 96.86%
INDIRECT EXPENSES:
NET INCOME (LOSS): (56,812.00) (6,432.31) (49,294.33)
948

MANDATORY CLE
ADMINISTRATION
REVENUE:
ACCREDITED PROGRAM FEES 300,000.00 22,900.00 206,900.00 93,100.00 68.97%
FORM 1 LATE FEES 60,000.00 11,445.00 84,805.00 (24,805.00) 141.34%
MEMBER LATE FEES 160,000.00 3,500.00 238,010.00 (78,010.00) 148.76%
ANNUAL ACCREDITED SPONSOR FEES 23,000.00 - 27,750.00 (4,750.00) 120.65%
ATTENDANCE FEES 70,000.00 4,350.00 50,844.12 19,155.88 72.63%
COMITY CERTIFICATES 26,000.00 274.97 33,848.19 (7,848.19) 130.19%
ATTENDANCE LATE FEES 60,000.00 6,265.00 50,377.00 9,623.00 83.96%
TOTAL REVENUE: 699,000.00 48,734.97 692,534.31 6,465.69 99.08%
DIRECT EXPENSES:
MCLE BOARD 2,000.00 161.18 1,386.48 613.52 69.32%
POSTAGE 2,000.00 - 793.00 1,207.00 39.65%
DEPRECIATION 108,120.00 15,335.00 61,340.00 46,780.00 56.73%
INDIRECT EXPENSES:
NET INCOME (LOSS): 12,084.00 (8,164.75) 233,216.31
949

MEMBER BENEFITS
REVENUE:
ROYALTIES 3,000.00 6,651.27 12,234.76 (9,234.76) 407.83%
TOTAL REVENUE: 3,000.00 6,651.27 12,234.76 (9,234.76) 407.83%
DIRECT EXPENSES:
CASEMAKER 73,000.00 6,186.95 55,682.55 17,317.45 76.28%
INDIRECT EXPENSES:
TOTAL INDIRECT EXPENSES: - - - -
NET INCOME (LOSS): (70,000.00) 464.32 (43,447.79)
950

MENTORSHIP PROGRAM
REVENUE:
DIRECT EXPENSES:
MENTORSHIP PROGRAM EXPENSES 18,258.00 - 1,310.79 16,947.21 7.18%
RECEPTION/FORUM EXPENSE 1,000.00 - - 1,000.00 0.00%
STAFF TRAVEL/PARKING 2,000.00 - - 2,000.00 0.00%
SUBSCRIPTIONS 500.00 - - 500.00 0.00%
CONFERENCE CALLS 800.00 - - 800.00 0.00%
TOTAL DIRECT EXPENSES: 23,558.00 - 1,310.79 22,247.21 5.56%
INDIRECT EXPENSES:
NET INCOME (LOSS): (186,567.00) (11,123.31) (100,296.01)
951

NEW LAWYER EDUCATION

REVENUE:
DONATIONS - - 1,550.00 (1,550.00)
SEMINAR REGISTRATIONS 100,000.00 - 30,629.70 69,370.30 30.63%
TRIAL ADVOCACY PROGRAM 25,000.00 - 28,191.00 (3,191.00) 112.76%
TOTAL REVENUE: 125,000.00 - 60,370.70 64,629.30 48.30%
DIRECT EXPENSES:
ONLINE EXPENSES 2,940.00 - 1,715.00 1,225.00 58.33%
NEW LAWYER OUTREACH EVENTS 5,000.00 - 5,121.01 (121.01) 102.42%
NEW LAWYERS COMMITTEE 15,000.00 1,824.09 11,336.24 3,663.76 75.57%
TRIAL ADVOCACY PROGRAM 3,500.00 186.70 4,028.04 (528.04) 115.09%
SEMINAR BROCHURES 3,000.00 - 906.92 2,093.08 30.23%
SPEAKERS & PROGRAM DEVELOPMENT 2,000.00 13.02 1,257.23 742.77 62.86%
SCHOLARSHIPS/DONATIONS/GRANT 2,000.00 - - 2,000.00 0.00%
INDIRECT EXPENSES:
NET INCOME (LOSS): (205,919.00) (20,881.95) (165,677.51)
952

NORTHWEST LAWYER
REVENUE:
ROYALTIES - - 1,231.13 (1,231.13)
DISPLAY ADVERTISING 440,000.00 46,446.75 300,213.50 139,786.50 68.23%
SUBSCRIPT/SINGLE ISSUES 450.00 36.00 288.00 162.00 64.00%
CLASSIFIED ADVERTISING 84,000.00 9,790.53 80,351.12 3,648.88 95.66%
GEN ANNOUNCEMENTS 19,000.00 1,750.00 9,850.00 9,150.00 51.84%
PROF ANNOUNCEMENTS 24,000.00 1,900.00 21,542.50 2,457.50 89.76%
TOTAL REVENUE: 567,450.00 59,923.28 413,476.25 153,973.75 72.87%
DIRECT EXPENSES:
GRAPHICS/ARTWORK 2,500.00 - 416.85 2,083.15 16.67%
OUTSIDE SALES EXPENSE 80,000.00 8,139.55 55,740.20 24,259.80 69.68%
EDITORIAL ADVISORY COMMITTEE 800.00 26.65 741.21 58.79 92.65%
BAD DEBT EXPENSE 1,000.00 (600.00) (1,350.00) 2,350.00 -135.00%
POSTAGE 70,000.00 9,976.25 69,186.30 813.70 98.84%
PRINTING, COPYING & MAILING 220,000.00 - 145,433.11 74,566.89 66.11%
SURVEY 9,000.00 - - 9,000.00 0.00%
INDIRECT EXPENSES:
NET INCOME (LOSS): (50,028.00) 23,711.82 (25,481.88)
953

OFFICE OF GENERAL COUNSEL

REVENUE:
COPY FEES - 23.55 69.53 (69.53)
TOTAL REVENUE: - 23.55 69.53 (69.53)
DIRECT EXPENSES:
AMICUS BRIEF COMMITTEE 100.00 - 43.65 56.35 43.65%
COURT RULES COMMITTEE 5,000.00 0.56 892.33 4,107.67 17.85%
DISCIPLINE ADVISORY ROUNDTABLE 1,500.00 - - 1,500.00 0.00%
CUSTODIANSHIPS 10,000.00 285.80 1,270.94 8,729.06 12.71%
STAFF MEMBERSHIP DUES 1,500.00 1,490.00 1,515.00 (15.00) 101.00%
INDIRECT EXPENSES:
NET INCOME (LOSS): (686,512.00) (54,528.27) (508,920.46)
954

OGC-DISCIPLINARY BOARD
REVENUE:
DIRECT EXPENSE:
DISCIPLINARY BOARD EXPENSES 10,000.00 335.70 5,332.74 4,667.26 53.33%
CHIEF HEARING OFFICER 33,000.00 2,500.00 22,500.00 10,500.00 68.18%
HEARING OFFICER EXPENSES 5,000.00 - 654.23 4,345.77 13.08%
HEARING OFFICER TRAINING 2,500.00 - 1,840.99 659.01 73.64%
DISCIPLINARY BOARD NOTICES - - 23.28 (23.28)
OUTSIDE COUNSEL 60,000.00 4,000.00 84,214.13 (24,214.13) 140.36%
DISCIPLINARY SELECTION PANEL - - 742.62 (742.62)
TOTAL DIRECT EXPENSES: 111,000.00 6,835.70 115,307.99 (4,307.99) 103.88%
INDIRECT EXPENSES:
NET INCOME (LOSS): (298,924.00) (21,728.42) (256,295.04)
955

PRACTICE OF LAW BOARD

REVENUE:
DIRECT EXPENSES:
PRACTICE OF LAW BOARD 3,500.00 1,970.27 11,064.34 (7,564.34) 316.12%
TRANSLATION SERVICES 500.00 - - 500.00 0.00%
STAFF TRAVEL/PARKING 100.00 - - 100.00 0.00%
INDIRECT EXPENSES:
NET INCOME (LOSS): (82,114.00) (7,073.22) (62,313.03)
956

PROFESSIONAL RESPONSIBILITY
PROGRAM
REVENUE:
DIRECT EXPENSES:
CPE COMMITTEE 5,000.00 0.18 1,490.22 3,509.78 29.80%
STAFF TRAVEL/PARKING 1,000.00 1,211.21 1,725.86 (725.86) 172.59%
STAFF MEMBERSHIP DUES 500.00 410.00 410.00 90.00 82.00%
INDIRECT EXPENSES:
NET INCOME (LOSS): (177,183.00) (15,342.74) (131,015.97)
957

PUBLIC SERVICE PROGRAMS

REVENUE:
DONATIONS & GRANTS 85,000.00 - 72,400.00 12,600.00 85.18%
TOTAL REVENUE: 85,000.00 - 72,400.00 12,600.00 85.18%
DIRECT EXPENSES:
DONATIONS/SPONSORSHIPS/GRANTS 203,684.00 - 143,664.13 60,019.87 70.53%
SPEAKERS & PROGRAM DEVELOPMENT 1,000.00 - 562.11 437.89 56.21%
STAFF TRAVEL/PARKING 2,000.00 627.51 2,439.74 (439.74) 121.99%
PRO BONO & LEGAL AID COMMITTEE 2,000.00 64.65 1,280.35 719.65 64.02%
VOLUNTEER RECRUITMENT & APPREC 6,500.00 140.42 3,094.57 3,405.43 47.61%
PUBLIC DEFENSE 4,500.00 602.42 4,981.52 (481.52) 110.70%
INDIRECT EXPENSES:
NET INCOME (LOSS): (411,761.00) (20,689.71) (279,080.22)
958

SECTIONS ADMINISTRATION
REVENUE:
REIMBURSEMENTS FROM SECTIONS 311,250.00 1,350.00 316,856.25 (5,606.25) 101.80%
TOTAL REVENUE: 311,250.00 1,350.00 316,856.25 (5,606.25) 101.80%
DIRECT EXPENSES:
DUES STATEMENTS 8,500.00 - 9,173.06 (673.06) 107.92%
STAFF TRAVEL/PARKING 1,000.00 - 365.87 634.13 36.59%
STAFF MEMBERSHIP DUES - - 40.00 (40.00)
SECTION/COMMITTEE CHAIR MTGS 1,000.00 - 229.34 770.66 22.93%
MISCELLANEOUS 300.00 - 148.98 151.02 49.66%
INDIRECT EXPENSES:

NET INCOME (LOSS): (107,038.00) (31,520.81) 16,240.05
959

TECHNOLOGY
REVENUE:
DIRECT EXPENSES:
COMPUTER HARDWARE 34,000.00 1,935.85 13,031.18 20,968.82 38.33%
COMPUTER SOFTWARE 20,000.00 - 12,524.60 7,475.40 62.62%
SOFTWARE MAINTENANCE & LICENSING 291,000.00 14,685.88 219,286.36 71,713.64 75.36%
HARDWARE SERVICE & WARRANTIES 75,000.00 - 18,854.80 56,145.20 25.14%
TELEPHONE HARDWARE & MAINTENANCE 41,000.00 5,259.48 28,123.19 12,876.81 68.59%
COMPUTER SUPPLIES 30,000.00 4,978.55 14,600.37 15,399.63 48.67%
THIRD PARTY SERVICES 31,000.00 1,182.25 33,010.35 (2,010.35) 106.49%
CONSULTING SERVICES 320,705.00 25,699.00 251,772.10 68,932.90 78.51%
STAFF TRAVEL/PARKING 2,500.00 - 191.00 2,309.00 7.64%
TELEPHONE 22,000.00 340.75 4,771.36 17,228.64 21.69%
TRANSFER TO INDIRECT EXPENSES (750,710.00) (54,081.76) (596,165.31) (154,544.69) 79.41%
TOTAL DIRECT EXPENSES: 116,605.00 - - 116,605.00 0.00%
INDIRECT EXPENSES:
CAPITAL LABOR & OVERHEAD (33,900.00) - (22,728.00) (11,172.00) 67.04%
NET INCOME (LOSS): (1,668,602.00) (110,555.09) (1,042,705.79)
960

CLE - PRODUCTS
REVENUE:
SHIPPING & HANDLING 5,750.00 720.00 5,385.00 365.00 93.65%
DESKBOOK SALES 100,000.00 14,298.92 92,009.12 7,990.88 92.01%
COURSEBOOK SALES 25,000.00 680.00 13,652.28 11,347.72 54.61%
SECTION PUBLICATION SALES 19,000.00 - 17,173.24 1,826.76 90.39%
CASEMAKER ROYALTIES 75,000.00 6,941.65 30,823.82 44,176.18 41.10%
MP3 AND VIDEO SALES 600,000.00 28,599.05 532,811.27 67,188.73 88.80%
TOTAL REVENUE: 824,750.00 51,239.62 691,854.73 132,895.27 83.89%
DIRECT EXPENSES:
COST OF SALES - DESKBOOKS 70,000.00 8,523.02 62,055.96 7,944.04 88.65%

COST OF SALES - COURSEBOOKS 1,750.00 46.34 1,194.64 555.36 68.27%
COST OF SALES SECTION PUBLICATION 3,500.00 - 2,710.36 789.64 77.44%
A/V DEVELOP COSTS (RECORDING) 1,700.00 1,500.00 1,500.00 200.00 88.24%
DEPRECIATION 6,513.33 521.00 3,661.00 2,852.33 56.21%
DESKBOOK ROYALTIES 1,000.00 - 573.95 426.05 57.40%
RECORDED SEMINAR ROYALITIES - - 635.00 (635.00)
ONLINE EXPENSES 40,000.00 6,174.38 31,225.12 8,774.88 78.06%
SHIPPING SUPPLIES 500.00 - - 500.00 0.00%
POSTAGE & DELIVERY-DESKBOOKS 5,000.00 670.94 4,212.22 787.78 84.24%
POSTAGE & DELIVERY-COURSEBOOKS 5,000.00 62.52 896.77 4,103.23 17.94%
SPLITS WITH SECTIONS 6,000.00 - 4,560.24 1,439.76 76.00%
FLIERS/CATALOGS 6,000.00 - 1,109.07 4,890.93 18.48%
POSTAGE - FLIERS/CATALOGS 4,000.00 2,735.48 3,729.44 270.56 93.24%
EQUIPMENT, HARD.,& SOFTWARE 1,320.00 - - 1,320.00 0.00%
COMPLIMENTARY BOOK PROGRAM 2,000.00 144.25 3,800.00 (1,800.00) 190.00%
BAD DEBT EXPENSE 100.00 (549.70) - 100.00 0.00%
RECORDS STORAGE - OFF SITE 7,440.00 620.00 4,500.00 2,940.00 60.48%
MISCELLANEOUS 200.00 - 70.00 130.00 35.00%
INDIRECT EXPENSES:
NET INCOME (LOSS): 135,591.67 (9,664.42) 182,312.94
961

CLE - SEMINARS
REVENUE:
SEMINAR REGISTRATIONS 1,588,500.00 174,076.00 1,193,260.65 395,239.35 75.12%
SEMINAR-EXHIB/SPNSR/ETC 25,000.00 14,000.00 50,907.92 (25,907.92) 203.63%
TOTAL REVENUE: 1,613,500.00 188,076.00 1,244,168.57 369,331.43 77.11%
DIRECT EXPENSES:
COURSEBOOK PRODUCTION 2,000.00 403.82 4,094.20 (2,094.20) 204.71%
POSTAGE - FLIERS/CATALOGS 50,000.00 55.00 20,995.13 29,004.87 41.99%
POSTAGE - MISC./DELIVERY 2,500.00 35.00 757.50 1,742.50 30.30%
ONLINE EXPENSES 42,000.00 323.20 36,533.52 5,466.48 86.98%
ACCREDITATION FEES 5,800.00 710.00 7,053.00 (1,253.00) 121.60%
SEMINAR BROCHURES 69,000.00 - 37,406.80 31,593.20 54.21%
FACILITIES 269,988.00 36,603.21 146,983.94 123,004.06 54.44%
SPEAKERS & PROGRAM DEVELOP 65,534.00 5,094.13 31,878.29 33,655.71 48.64%
SPLITS TO SECTIONS 167,456.00 1,472.54 105,606.27 61,849.73 63.07%
SPLITS TO CO-SPONSORS 7,500.00 - - 7,500.00 0.00%
HONORARIA 20,250.00 - - 20,250.00 0.00%
CLE SEMINAR COMMITTEE 1,500.00 - 124.27 1,375.73 8.28%
DEPRECIATION 15,700.00 1,306.00 11,758.00 3,942.00 74.89%
BAD DEBT EXPENSE 500.00 - - 500.00 0.00%
STAFF TRAVEL/PARKING 6,500.00 282.94 953.68 5,546.32 14.67%
STAFF MEMBERSHIP DUES 975.00 219.00 1,094.00 (119.00) 112.21%
SUPPLIES 2,000.00 - 602.93 1,397.07 30.15%
INDIRECT EXPENSES:
TOTAL INDIRECT EXPENSES: 1,010,827.00 68,733.83 641,713.52 369,113.48 63.48%
NET INCOME (LOSS): (126,530.00) 72,837.33 196,613.52
962

SECTIONS OPERATIONS
REVENUE:
SECTION DUES 473,340.00 2,198.75 486,836.62 (13,496.62) 102.85%
SEMINAR PROFIT SHARE 139,200.00 1,472.54 111,710.67 27,489.33 80.25%
INTEREST INCOME 719.00 - - 719.00 0.00%
PUBLICATIONS REVENUE 6,500.00 - 6,497.16 2.84 99.96%
OTHER 60,953.00 9,841.83 38,490.58 22,462.42 63.15%
TOTAL REVENUE: 680,712.00 13,513.12 643,535.03 37,176.97 94.54%
DIRECT EXPENSES:
DIRECT EXPENSES OF SECTION ACTIVITIES 575,945.00 42,867.60 258,716.62 317,228.38 44.92%
REIMBURSEMENT TO WSBA FOR INDIRECT EXPENSES 306,970.25 1,350.00 316,856.25 (9,886.00) 103.22%
NET INCOME (LOSS): (202,203.25) (30,704.48) 67,962.16
963

LAWYERS FUND FOR CLIENT

PROTECTION
REVENUE:
LFCP RESTITUTION 1,000.00 394.31 2,260.57 (1,260.57) 226.06%
LFCP MEMBER ASSESSMENTS 945,000.00 4,980.00 978,405.00 (33,405.00) 103.53%
INTEREST INCOME 500.00 768.23 4,427.77 (3,927.77) 885.55%
TOTAL REVENUE: 946,500.00 6,142.54 985,093.34 (38,593.34) 104.08%
DIRECT EXPENSES:
GIFTS TO INJURED CLIENTS 500,000.00 12,100.00 223,442.43 276,557.57 44.69%
LFCP BOARD EXPENSES 1,500.00 139.20 972.42 527.58 64.83%
BANK FEES - WELLS FARGO 800.00 103.30 845.55 (45.55) 105.69%
INDIRECT EXPENSES:
NET INCOME (LOSS): 314,691.00 (16,431.96) 662,869.78
964

WESTERN STATES BAR CONFERENCE

REVENUE:
REGISTRATION REVENUE 50,000.00 - 25,200.00 24,800.00 50.40%
OTHER ACTIVITIES REGISTRATION REVENUE - - 12,959.46 (12,959.46)
WESTERN STATES BAR MEMBERSHIP DUES - - 2,400.00 (2,400.00)
SPONSORSHIPS - - 9,200.00 (9,200.00)
TOTAL REVENUE: 50,000.00 - 49,759.46 240.54 99.52%
DIRECT EXPENSES:
MANAGEMENT OF WESTERN STATES BAR CONFERENCE 50,000.00 - 150.00 49,850.00 0.30%
SPEAKERS & PROGRAM DEVELOPMENT - - 2,323.09 (2,323.09)
FACILITIES - - 43,951.39 (43,951.39)
STAFF TRAVEL/PARKING - - 1,043.26 (1,043.26)
BANK FEES - 46.67 416.38 (416.38)
WSBC PRESIDENT TRAVEL - - 384.70 (384.70)
OPTIONAL ACTIVITIES EXPENSE - - 1,225.92 (1,225.92)
MARKETING EXPENSE - - 429.28 (429.28)
INDIRECT EXPENSES:
TOTAL ALL EXPENSES: 50,000.00 46.67 49,924.02 75.98 99.85%
NET INCOME (LOSS): - (46.67) (164.56)
965

INDIRECT EXPENSES:
SALARIES 10,876,353.00 815,431.00 7,899,916.67 2,976,436.33 72.63%
TEMPORARY SALARIES 152,600.00 3,937.00 56,430.17 96,169.83 36.98%
EMPLOYEE ASSISTANCE PLAN 4,800.00 - 3,600.00 1,200.00 75.00%
EMPLOYEE SERVICE AWARDS 2,140.00 - 1,824.25 315.75 85.25%
FICA (EMPLOYER PORTION) 815,000.00 64,211.76 586,360.35 228,639.65 71.95%
L&I INSURANCE 51,500.00 9,782.27 30,029.05 21,470.95 58.31%
MEDICAL (EMPLOYER PORTION) 1,442,000.00 106,391.55 967,592.31 474,407.69 67.10%
RETIREMENT (EMPLOYER PORTION) 1,205,000.00 94,162.57 855,904.78 349,095.22 71.03%
TRANSPORTATION ALLOWANCE 98,000.00 195.00 102,051.80 (4,051.80) 104.13%
UNEMPLOYMENT INSURANCE 119,500.00 7,890.86 74,166.57 45,333.43 62.06%
STAFF DEVELOPMENT-GENERAL 7,000.00 19.99 3,099.02 3,900.98 44.27%
TOTAL SALARY & BENEFITS EXPENSE: 14,619,993.00 1,102,022.00 10,558,246.97 4,061,746.03 72.22%
WORKPLACE BENEFITS 32,000.00 3,759.63 37,180.47 (5,180.47) 116.19%

HUMAN RESOURCES POOLED EXP 128,336.00 4,881.72 82,759.89 45,576.11 64.49%
MEETING SUPPORT EXPENSES 15,000.00 1,165.39 11,282.28 3,717.72 75.22%
RENT 1,590,000.00 135,713.35 1,190,693.11 399,306.89 74.89%
REMODEL EXPENSE - - 75,167.41 (75,167.41)
PERSONAL PROP TAXES-WSBA 18,000.00 1,030.07 9,833.07 8,166.93 54.63%
FURNITURE, MAINT, LH IMP 20,000.00 3,513.08 14,599.07 5,400.93 73.00%
OFFICE SUPPLIES & EQUIPMENT 69,000.00 3,058.19 24,167.32 44,832.68 35.03%
FURN & OFFICE EQUIP DEPRECIATION 162,000.00 15,123.50 110,166.35 51,833.65 68.00%
COMPUTER HARDWARE DEPRECIATION 105,000.00 7,812.46 70,903.52 34,096.48 67.53%
COMPUTER SOFTWARE DEPRECIATION 52,000.00 1,704.00 35,997.60 16,002.40 69.23%
INSURANCE 105,000.00 8,139.75 73,232.75 31,767.25 69.75%
PROFESSIONAL FEES-AUDIT 30,000.00 - 30,310.65 (310.65) 101.04%
PROFESSIONAL FEES-LEGAL 40,000.00 6,604.90 34,829.90 5,170.10 87.07%
TELEPHONE & INTERNET 46,000.00 761.89 20,986.44 25,013.56 45.62%
POSTAGE - GENERAL 45,000.00 3,076.47 27,361.33 17,638.67 60.80%
RECORDS STORAGE 36,000.00 3,018.68 29,208.60 6,791.40 81.14%
STAFF TRAINING 55,000.00 13,245.37 56,221.55 (1,221.55) 102.22%
BANK FEES 17,200.00 23.78 15,689.18 1,510.82 91.22%
PRODUCTION MAINTENANCE & SUPPLIES 25,000.00 1,901.38 8,501.28 16,498.72 34.01%
GAIN (LOSS) ASSETS - - (247.00) 247.00
COMPUTER POOLED EXPENSES 750,710.00 54,081.76 596,165.31 154,544.69 79.41%
TOTAL OTHER INDIRECT EXPENSES: 3,341,246.00 268,615.37 2,555,010.08 786,235.92 76.47%
TOTAL INDIRECT EXPENSES: 17,961,239.00 1,370,637.37 13,113,257.05
966
FISCAL CURRENT YEAR TO REMAINING

2016 BUDGET MONTH DATE BALANCE
SUMMARY PAGE
LICENSE FEES 12,545,000.00 1,095,991.56 9,558,332.43 2,986,667.57

ACCESS TO JUSTICE BOARD (249,146.00) (16,683.83) (163,751.43) (85,394.57)
ADMINISTRATION (930,707.00) (67,030.09) (617,502.85) (313,204.15)
ADMISSIONS/BAR EXAM 52,237.00 (58,004.11) 368,402.19 (316,165.19)
BOARD OF GOVERNORS (757,003.00) (57,485.95) (571,166.02) (185,836.98)
COMMUNICATIONS (1,556,349.00) (121,563.22) (1,157,026.96) (399,322.04)
DISCIPLINE (5,439,416.00) (429,520.56) (3,998,578.79) (1,440,837.21)
DIVERSITY (353,563.00) (30,012.42) (215,562.88) (138,000.12)
FOUNDATION (168,950.00) (11,441.12) (102,722.46) (66,227.54)
HUMAN RESOURCES (247,159.00) (27,540.66) (266,593.57) 19,434.57
PUBLIC SERVICE PROGRAMS (411,761.00) (20,689.71) (279,080.22) (132,680.78)
LOMAP (351,875.00) (22,536.59) (234,700.66) (117,174.34)
LAP (148,377.00) (20,412.15) (117,952.54) (30,424.46)
LEGISLATIVE (289,217.00) (15,022.47) (174,470.28) (114,746.72)
LICENSING AND MEMBERSHIP (265,061.00) (12,925.80) (215,074.50) (49,986.50)
LIMITED LICENSE LEGAL TECHNICIAN (216,358.00) (13,511.61) (149,055.91) (67,302.09)
LIMITED PRACTICE OFFICERS (56,812.00) (6,432.31) (49,294.33) (7,517.67)
MANDATORY CLE ADMINISTRATION 12,084.00 (8,164.75) 233,216.31 (221,132.31)
MEMBER BENEFITS (70,000.00) 464.32 (43,447.79) (26,552.21)
MENTORSHIP PROGRAM (186,567.00) (11,123.31) (100,296.01) (86,270.99)
NEW LAWYER EDUCATION (205,919.00) (20,881.95) (165,677.51) (40,241.49)
NW LAWYER (50,028.00) 23,711.82 (25,481.88) (24,546.12)
OFFICE OF GENERAL COUNSEL (686,512.00) (54,528.27) (508,920.46) (177,591.54)
OGC-DISCIPLINARY BOARD (298,924.00) (21,728.42) (256,295.04) (42,628.96)
PRACTICE OF LAW BOARD (82,114.00) (7,073.22) (62,313.03) (19,800.97)
PROFESSIONAL RESPONSIBILITY (177,183.00) (15,342.74) (131,015.97) (46,167.03)
LAW CLERK PROGRAM 16,336.00 (2,993.68) 50,566.76 (34,230.76)
SECTIONS ADMINISTRATION (107,038.00) (31,520.81) 16,240.05 (123,278.05)
TECHNOLOGY (1,668,602.00) (110,555.09) (1,042,705.79) (625,896.21)
CLE - PRODUCTS 135,591.67 (9,664.42) 182,312.94 (46,721.27)
CLE - SEMINARS (126,530.00) 72,837.33 196,613.52 (323,143.52)
SECTIONS OPERATIONS (202,203.25) (30,704.48) 67,962.16 (270,165.41)
LFCP 314,691.00 (16,431.96) 662,869.78 (348,178.78)
WESTERN STATES BAR CONFERENCE - (46.67) (164.56) 164.56
INDIRECT EXPENSES (17,961,239.00) (1,370,637.37) (13,113,257.05) (4,847,981.95)
TOTAL OF ALL 20,188,673.58 1,449,204.71 12,425,592.35 7,763,081.23
NET INCOME (LOSS) (2,227,434.58) (78,567.34) 687,664.70
967
Analysis of Cash Investments
As of June 30, 2016
Checking & Savings Accounts
General Fund
Checking
Bank Account Amount
Wells Fargo General $ 1,345,089
Total $ 1,345,089
Investments Rate Amount

Wells Fargo Money Market 0.36% $ 2,407,649
UBS Financial Money Market 0.38% $ 835,687
Morgan Stanley Money Market 0.33% $ 24,367
Merrill Lynch Money Market 0.12% $ 1,863,601
Long Term Investments Varies $ 2,842,702
Short Term Investments Varies $ 3,000,000
General Fund Total $ 12,319,095
Lawyer's Fund for Client Protection
Checking
Bank Amount
Wells Fargo $ 577,372

Wells Fargo Investments Varies $ 250,000
Lawyers' Fund for Client Protection Total $ 3,151,101
Grand Total Cash & Investments $ 15,470,196
968
As of June 30, 2016
Long Term Investments- General Fund
UBS Financial Long Term Investments Value as of 6/30/16

Nuveen 3-7 year Municipal Bond Portfolio $ 513,187.27
Morgan Stanley Long Term Investments Value as of 6/30/16

Lord Abbett Short Term Duration Income Fund $ 1,528,854.44
Guggenheim Total Return Bond Fund $ 399,830.04
Virtus Multi-Sector Short Term Bond Fund $ 400,830.31
$ 2,329,514.79
Total Long Term Investments- General Fund 2,842,702.06

Short Term Investments- General Fund
Interest Maturity
Bank Rate Yield Term Date Amount
Santander Bank 0.65% 0.65% 6 months 7/20/2016 250,000.00

Apple Bank 0.60% 0.60% 6 months 7/27/2016 250,000.00
Safra National Bank 0.60% 0.60% 6 months 7/28/2016 250,000.00
Bank Leumi 0.55% 0.55% 6 months 7/29/2016 250,000.00
First Niagara Bank 0.60% 0.60% 6 months 7/29/2016 250,000.00
Bank of China NY 0.60% 0.60% 6 months 8/3/2016 250,000.00
First Merit Bank 0.60% 0.60% 6 months 8/10/2016 250,000.00
Berkshire Bank 0.50% 0.50% 6 months 8/29/2016 250,000.00
Synovus Bank 0.50% 0.50% 6 months 9/26/2016 250,000.00
Yadkin Bank 0.65% 0.65% 9 months 10/13/2016 250,000.00
Maple Bank 0.60% 0.60% 9 months 10/20/2016 250,000.00
Goldman Sachs Bank 0.70% 0.70% 9 months 10/20/2016 250,000.00
Total Short Term Investments- General Fund 3,000,000.00

Interest Term Maturity
Bank Rate Yield Mths Date Amount
Federal Savings Bank 0.60% 0.60% 6 months 7/22/2016 250,000.00
Total LFCP 250,000.00
969
WSBA Financial Reports
(Unaudited)
Year to Date July 31, 2016

Prepared by Tiffany Lynch, Controller
Submitted by
August 23, 2016
970
Budget and Audit Committee
Re: Key Financial Benchmarks for the Fiscal Year to Date (YTD) through July 31, 2016
Current Current Year $ Prior Year

% of Year Year % YTD Difference1 YTD Comments
Expected to be on or slightly
Salaries 83.33% 80.81% $274,539 81.66% under budget
(Under budget)
$227,864 Expected to be slightly under

Benefits 83.33% 77.25% (Under budget) 78.76% budget (due to open positions)

$31,447
Other Indirect (due to renovation related
83.33% 84.27% (Over budget) 91.00%
Expenses expenses)
Total Indirect $470,957
(due to renovation related
83.33% 80.71% (Under budget) 82.72%
Expenses expenses)
$660,108
General Fund Expected to be on budget
83.33% 87.35% (Over budget) 88.45%
Revenues
General Fund $338,893 Expected to be on or slightly

Direct Expenses 83.33% 68.96% (Under budget) 72.16% under budget
CLE $186,369
Revenue 83.33% 90.98% (Over budget) 85.64% Expected to be on budget
CLE $134,344 Expected to be on budget (will

Direct Expenses 83.33% 68.27% (Under budget) 90.20% increase consistent with revenue
increase)
CLE $148,802 Expected to be under budget

Indirect Expenses 83.33% 73.66% (Under budget) 78.96%
(due to open positions)
1
Dollar difference is calculated based on pro-rated budget figures (total annual budget figures divided by 12 971
months) minus actual revenue and expense amounts as of July 31, 2016 (10 months into the fiscal year).
Washington State Bar Association Financial Summary
Year to Date as of July 31, 2016 83.33% of Year
Compared to Fiscal Year 2016 Budget
Actual Budgeted Actual Budgeted Actual Budgeted Actual Budgeted

Actual Budgeted Indirect Indirect Direct Direct Total Total Net Net
Category Revenues Revenues Expenses Expenses Expenses Expenses Expenses Expenses Result Result
Access to Justice Board 1,400 - 160,063 220,331 16,486 28,815 176,548 249,146 (175,148) (249,146)
Administration 169,936 78,000 846,654 998,782 547 9,925 847,201 1,008,707 (677,264) (930,707)
Admissions/Bar Exam 1,183,960 1,221,920 657,361 784,183 223,509 385,500 880,870 1,169,683 303,090 52,237
Board of Governors - - 405,423 463,523 222,500 293,480 627,923 757,003 (627,923) (757,003)
Communications 110 45,250 1,229,598 1,482,217 50,907 119,382 1,280,505 1,601,599 (1,280,395) (1,556,349)
Discipline 143,029 106,750 4,402,239 5,271,212 170,491 274,954 4,572,730 5,546,166 (4,429,702) (5,439,416)
Diversity 93,519 98,592 326,374 430,955 12,736 21,200 339,109 452,155 (245,590) (353,563)
Foundation - - 109,401 148,550 7,788 20,400 117,190 168,950 (117,190) (168,950)
Human Resources - - 294,610 247,159 - - 294,610 247,159 (294,610) (247,159)
Law Clerk Program 99,475 92,400 48,644 68,514 5,829 7,550 54,472 76,064 45,003 16,336
Law Office Management Asst.Prog 5,479 6,500 261,563 350,280 3,871 8,095 265,433 358,375 (259,954) (351,875)
Lawyers Assistance Program 11,730 18,000 103,863 119,607 35,102 46,770 138,965 166,377 (127,235) (148,377)
Legislative - - 156,082 235,965 33,432 53,252 189,514 289,217 (189,514) (289,217)
Licensing Fees 10,638,201 12,545,000 - - - - - - 10,638,201 12,545,000
License and Membership Records 222,122 275,500 420,394 517,561 34,996 23,000 455,390 540,561 (233,269) (265,061)
Limited License Legal Technician 7,375 11,325 141,184 178,583 26,548 49,100 167,732 227,683 (160,357) (216,358)
Limited Practice Officers 108,586 130,700 155,699 180,412 7,070 7,100 162,769 187,512 (54,183) (56,812)
Mandatory CLE 734,914 699,000 422,347 574,096 79,394 112,820 501,741 686,916 233,173 12,084
Member Benefits 12,582 3,000 - - 55,683 73,000 55,683 73,000 (43,100) (70,000)
Mentorship Program - - 110,971 163,009 1,311 23,558 112,282 186,567 (112,282) (186,567)
New Lawyer Education 60,371 125,000 220,576 295,679 25,715 35,240 246,291 330,919 (185,920) (205,919)
NW Lawyer 460,900 567,450 181,785 225,778 277,148 391,700 458,933 617,478 1,967 (50,028)
Office of General Counsel 70 - 556,178 665,812 6,412 20,700 562,589 686,512 (562,520) (686,512)
OGC-Disciplinary Board - - 156,105 187,924 122,358 111,000 278,462 298,924 (278,462) (298,924)
Practice of Law Board - - 66,045 78,014 11,769 4,100 77,815 82,114 (77,815) (82,114)
Professional Responsibility Program - - 131,715 170,683 3,627 6,500 135,341 177,183 (135,341) (177,183)
Public Service Programs 72,400 85,000 215,710 276,782 181,036 219,979 396,746 496,761 (324,346) (411,761)
Sections Administration 317,813 311,250 322,611 407,188 10,027 11,100 332,638 418,288 (14,826) (107,038)
Technology - - 1,153,784 1,551,997 - - 1,153,784 1,551,997 (1,153,784) (1,551,997)
Subtotal General Fund 14,343,972 16,420,637 13,256,977 16,294,796 1,626,291 2,358,220 14,883,268 18,653,016 (539,296) (2,232,379)
Expenses using reserve funds 14,883,268 12,329 11,772
Total General Fund - Net Result from Operations (526,967) (2,220,607)
CLE-Products 927,976 824,750 422,281 526,765 140,806 162,393 563,087 689,158 364,888 135,592
CLE-Seminars 1,290,269 1,613,500 710,243 1,010,827 467,847 729,203 1,178,090 1,740,030 112,178 (126,530)
Total CLE 2,218,244 2,438,250 1,132,524 1,537,592 608,653 891,596 1,741,178 2,429,188 477,067 9,062
Total All Sections 664,525 680,712 - - 622,647 882,915 622,647 882,915 41,879 (202,203)
Lawyers Fund for Client Protection-Restricted 989,436 946,500 107,241 129,284 231,625 502,525 338,866 631,809 650,570 314,691
Western States Bar Conference 49,759 50,000 - - 49,971 50,000 49,971 50,000.00 (211) -
Totals 18,265,938 20,536,099 14,496,743 17,961,672 3,139,186 4,685,256.58 17,635,929 22,646,929 630,009 (2,110,830)
Fund Balances Fund Balances 2016 Budgeted

Summary of Fund Balances: Sept. 30, 2015 Year to date Fund Balances
Restricted Funds:
Lawyers Fund for Client Protection 2,144,289 2,794,860 2,458,980
Western States Bar Conference 11,113 10,901 11,113
Board-Designated Funds (Non-General Fund):
CLE Fund Balance 53,090 530,157 62,151
Section Funds 1,229,705 1,271,584 1,027,502
Board-Designated Funds (General Fund):
Operating Reserve Fund 1,500,000 1,500,000 1,500,000
Facilities Reserve Fund 3,286,096 2,759,130 1,065,489
Capital Reserve Fund 262,645 250,316 250,873
Board Program Reserve Fund 53,793 53,793 53,793
Unrestricted Funds (General Fund):
Unrestricted General Fund - - -
Total Fund Balance 8,540,731 9,170,740 6,429,901
Net Change In Fund Balance 630,009 (2,110,830)
972
For the Period from July 1, 2016 to July 31, 2016

LICENSE FEES
REVENUE:
LICENSE FEES 12,545,000.00 1,079,869.04 10,638,201.47 1,906,798.53 84.80%
TOTAL REVENUE: 12,545,000.00 1,079,869.04 10,638,201.47 1,906,798.53 84.80%
973

ACCESS TO JUSTICE BOARD

REVENUE:
CONFERENCES & INSTITUTES - - 1,400.00 (1,400.00)
TOTAL REVENUE: - - 1,400.00 (1,400.00)
DIRECT EXPENSES:
ATJ BOARD RETREAT 2,000.00 - 1,062.81 937.19 53.14%
LEADERSHIP TRAINING 2,000.00 - - 2,000.00 0.00%
ATJ BOARD EXPENSE 11,000.00 (2,999.27) 7,786.27 3,213.73 70.78%
ATJ BOARD COMMITTEES EXPENSE 6,000.00 222.95 3,422.95 2,577.05 57.05%
SUBSCRIPTIONS - - 427.50 (427.50)
RECEPTION/FORUM EXPENSE 1,500.00 - 3,258.71 (1,758.71) 217%
TOTAL DIRECT EXPENSES: 28,815.00 (2,776.32) 16,485.74 12,329.26 57.21%
INDIRECT EXPENSES:

NET INCOME (LOSS): (249,146.00) (11,396.98) (175,148.41)
974

ADMINISTRATION
REVENUE:
INTEREST INCOME 28,000.00 3,574.36 29,147.51 (1,147.51) 104.10%
GAIN/LOSS ON INVESTMENTS 50,000.00 16,104.47 139,527.92 (89,527.92) 279.06%
MISCELLANEOUS - - 1,260.92 (1,260.92)
TOTAL REVENUE: 78,000.00 19,678.83 169,936.35 (91,936.35) 217.87%
DIRECT EXPENSES:
CREDIT CARD MERCHANT FEES 7,000.00 (141.83) (1,350.00) 8,350.00 -19.29%

MISCELLANEOUS - - 422.87 (422.87)
TOTAL DIRECT EXPENSES: 9,925.00 (141.83) 546.87 9,378.13 5.51%
INDIRECT EXPENSES:
SALARY EXPENSE ( 7.91 FTE) 609,726.00 50,091.28 529,740.95 79,985.05 86.88%

NET INCOME (LOSS): (930,707.00) (59,761.38) (677,264.23)
975

ADMISSIONS/BAR EXAMS
REVENUE:
EXAM SOFT REVENUE 42,000.00 - 12,250.00 29,750.00 29.17%
BAR EXAM FEES 1,170,000.00 25,735.00 1,136,935.00 33,065.00 97.17%
SPECIAL ADMISSIONS 9,920.00 4,340.00 34,775.00 (24,855.00) 350.55%
TOTAL REVENUE: 1,221,920.00 30,075.00 1,183,960.00 37,960.00 96.89%
DIRECT EXPENSES:
FACILITY, PARKING, FOOD 80,000.00 1,008.75 66,705.36 13,294.64 83.38%

EXAMINER FEES 32,500.00 16,000.00 34,500.00 (2,000.00) 106.15%
UBE EXMINATIONS 140,000.00 - 42,216.00 97,784.00 30.15%
BOARD OF BAR EXAMINERS 25,000.00 - 7,969.21 17,030.79 31.88%
BAR EXAM PROCTORS 30,000.00 - 13,456.00 16,544.00 44.85%
CHARACTER & FITNESS BOARD 18,000.00 766.73 14,364.43 3,635.57 79.80%
DISABILITY ACCOMMODATIONS 18,000.00 - 12,893.03 5,106.97 71.63%
CHARACTER & FITNESS INVESTIGATIONS 1,000.00 - 562.83 437.17 56.28%
LAW SCHOOL VISITS 600.00 - 837.33 (237.33) 139.56%
COURT REPORTERS 15,000.00 - 10,557.10 4,442.90 70.38%
DEPRECIATION-SOFTWARE 10,000.00 - 9,942.23 57.77 99.42%
POSTAGE 1,500.00 10.42 2,396.33 (896.33) 159.76%
STAFF MEMBERSHIP DUES 200.00 200.00 200.00 - 100.00%
SUPPLIES 1,200.00 172.28 1,156.07 43.93 96.34%
INDIRECT EXPENSES:

NET INCOME (LOSS): 52,237.00 (65,311.85) 303,090.34
976

BOG/OED
REVENUE:
DIRECT EXPENSES:
BOG MEETINGS 120,000.00 10,965.89 82,307.52 37,692.48 68.59%
BOG COMMITTEES' EXPENSES 30,000.00 4,724.47 28,625.63 1,374.37 95.42%
WASHINGTON LEADERSHIP INSTITUTE 60,000.00 - 60,000.00 - 100.00%
BOG CONFERENCE ATTENDANCE 16,500.00 - 10,907.35 5,592.65 66.11%
BOG TRAVEL & OUTREACH 50,000.00 1,873.82 26,228.25 23,771.75 52.46%
ED TRAVEL & OUTREACH 5,000.00 1,193.28 4,186.01 813.99 83.72%
BOG ELECTIONS 5,000.00 - 3,976.59 1,023.41 79.53%
TELEPHONE 1,300.00 27.56 866.50 433.50 66.65%
INDIRECT EXPENSES:
NET INCOME (LOSS): (757,003.00) (56,757.05) (627,923.07)
977

COMMUNICATIONS
REVENUE:
AWARDS LUNCH/DINNER 45,000.00 - (840.00) 45,840.00 -1.87%
50 YEAR MEMBER TRIBUTE LUNCH 250.00 - 810.00 (560.00) 324.00%
WSBA LOGO MERCHANDISE SALES - - 140.00 (140.00)
TOTAL REVENUE: 45,250.00 - 110.00 45,140.00 0.24%
DIRECT EXPENSES:
IMAGE LIBRARY 4,000.00 - 4,099.00 (99.00) 102.48%
BAR OUTREACH 1,000.00 - 1,110.54 (110.54) 111.05%
ABA DELEGATES 5,600.00 - 480.01 5,119.99 8.57%
ANNUAL CHAIR MTGS 600.00 - 169.50 430.50 28.25%
AWARDS DINNER 55,000.00 5,617.50 5,617.50 49,382.50 10.21%
50 YEAR MEMBER TRIBUTE LUNCH 5,800.00 - 7,502.85 (1,702.85) 129.36%
JUD RECOMMEND COMMITTEE 5,000.00 226.05 4,782.95 217.05 95.66%
PROFESSIONALISM 1,000.00 - 636.88 363.12 63.69%
ONLINE EXPENSES - - 303.20 (303.20)
COMMUNICATIONS OUTREACH 17,000.00 - 3,472.06 13,527.94 20.42%
TRANSLATION SERVICES 2,500.00 533.25 2,911.15 (411.15) 116.45%
DEPRECIATION 2,712.00 225.00 2,255.00 457.00 83.15%
EQUIPMENT, HARDWARE & SOFTWARE 1,520.00 - 831.48 688.52 54.70%
STAFF TRAVEL/PARKING 4,500.00 321.97 6,096.04 (1,596.04) 135.47%
STAFF MEMBERSHIP DUES 1,950.00 115.00 1,256.00 694.00 64.41%
SUBSCRIPTIONS 7,250.00 - 6,635.80 614.20 91.53%
INDIRECT EXPENSES:
NET INCOME (LOSS): (1,556,349.00) (123,368.06) (1,280,395.02)
978

DISCIPLINE
REVENUE:
AUDIT REVENUE - - 2,006.00 (2,006.00)
RECOVERY OF DISCIPLINE COSTS 93,750.00 3,026.19 129,263.34 (35,513.34) 137.88%
ETHICS SCHOOL - - 150.00 (150.00)
DISCIPLINE HISTORY SUMMARY 13,000.00 841.88 11,609.34 1,390.66 89.30%
TOTAL REVENUE: 106,750.00 3,868.07 143,028.68 (36,278.68) 133.98%
DIRECT EXPENSES:
COURT REPORTERS 75,000.00 1,707.53 35,139.40 39,860.60 46.85%
OUTSIDE COUNSEL/AIC 5,000.00 - 1,335.62 3,664.38 26.71%
LITIGATION EXPENSES 30,000.00 1,681.59 13,352.57 16,647.43 44.51%
DISABILITY EXPENSES 15,000.00 - 11,977.36 3,022.64 79.85%
ONLINE LEGAL RESEARCH 57,400.00 4,856.94 42,991.61 14,408.39 74.90%
LAW LIBRARY 15,500.00 19.48 5,532.67 9,967.33 35.69%
TRANSLATION SERVICES 4,000.00 260.00 1,339.76 2,660.24 33.49%
DEPRECIATION-SOFTWARE 26,500.00 2,205.00 22,045.00 4,455.00 83.19%
PUBLICATIONS PRODUCTION - - 39.40 (39.40)
TELEPHONE 4,500.00 220.22 2,198.24 2,301.76 48.85%
INDIRECT EXPENSES:
SALARY EXPENSE (37.88 FTE) 3,316,555.00 274,733.31 2,816,796.00 499,759.00 84.93%
BENEFITS EXPENSE 1,078,462.00 78,523.94 847,261.97 231,200.03 78.56%
NET INCOME (LOSS): (5,439,416.00) (431,122.77) (4,429,701.56)
979

DIVERSITY
REVENUE:
DONATIONS & GRANTS 90,000.00 - 90,200.00 (200.00) 100.22%
SEMINAR REGISTRATIONS - - 450.00 (450.00)
WORK STUDY GRANTS 8,592.00 - 2,869.12 5,722.88 33.39%
TOTAL REVENUE: 98,592.00 - 93,519.12 5,072.88 94.85%
DIRECT EXPENSES:
COMMITTEE FOR DIVERSITY 5,000.00 287.57 3,329.92 1,670.08 66.60%
DIVERSITY EVENTS & PROJECTS 5,000.00 958.40 2,645.28 2,354.72 52.91%
SPECIAL EVENTS 5,000.00 - 1,864.93 3,135.07 37.30%
SPEAKERS & PROGRAM DEVELOPMENT 1,000.00 - - 1,000.00 0.00%
INTERNAL DIVERSITY OUTREACH 500.00 - - 500.00 0.00%
TOTAL DIRECT EXPENSE: 21,200.00 1,818.94 12,735.67 8,464.33 60.07%
INDIRECT EXPENSES:
NET INCOME (LOSS): (353,563.00) (30,027.47) (245,590.35)
980

FOUNDATION
REVENUE:
DIRECT EXPENSES:
BOARD OF TRUSTEES 5,000.00 78.84 917.15 4,082.85 18.34%
GRAPHIC DESIGN 1,500.00 - - 1,500.00 0.00%
CONSULTING SERVICES 3,000.00 2,836.00 2,836.00 164.00 94.53%
POSTAGE 1,000.00 - - 1,000.00 0.00%
PRINTING & COPYING 1,500.00 - 1,071.37 428.63 71.42%
SUPPLIES 100.00 - 13.51 86.49 13.51%
SPECIAL EVENTS 6,000.00 - 1,600.07 4,399.93 26.67%
INDIRECT EXPENSES:
NET INCOME (LOSS): (168,950.00) (14,467.36) (117,189.82)
981

HUMAN RESOURCES
REVENUE:
DIRECT EXPENSES:
STAFF TRAINING- GENERAL 35,000.00 (252.73) 10,705.32 24,294.68 30.59%
RECRUITING AND ADVERTISING 7,000.00 841.79 5,611.12 1,388.88 80.16%
PAYROLL PROCESSING 55,000.00 453.32 42,764.93 12,235.07 77.75%
SALARY SURVEYS 2,700.00 275.00 1,290.64 1,409.36 47.80%
DEPRECIATION 5,016.00 417.00 4,177.00 839.00 83.27%
STAFF TRAVEL/PARKING 250.00 - 102.00 148.00 40.80%
STAFF MEMBERSHIP DUES 720.00 190.00 1,083.00 (363.00) 150.42%
SUBSCRIPTIONS 1,650.00 300.00 2,072.37 (422.37) 125.60%
SURVEYS - - 29.97 (29.97)
THIRD PARTY SERVICES 13,500.00 - 13,426.02 73.98 99.45%
TRANSFER TO INDIRECT EXPENSE (128,336.00) (4,724.38) (87,484.27) (40,851.73) 68.17%
TOTAL DIRECT EXPENSES: - - - -
INDIRECT EXPENSES:
TOTAL INDIRECT EXPENSES: 247,159.00 28,016.53 294,610.10 (47,451.10) 119.20%
TOTAL ALL EXPENSES: 247,159.00 28,016.53 294,610.10 (47,451.10) 119.20%
NET INCOME (LOSS): (247,159.00) (28,016.53) (294,610.10)
982

LAW CLERK PROGRAM

REVENUE:
LAW CLERK FEES 90,000.00 375.00 97,375.00 (7,375.00) 108.19%
LAW CLERK APPLICATION FEES 2,400.00 800.00 2,100.00 300.00 87.50%
TOTAL REVENUE: 92,400.00 1,175.00 99,475.00 (7,075.00) 107.66%
DIRECT EXPENSES:
SUBSCRIPTIONS 250.00 - - 250.00 0.00%
LAW CLERK BOARD EXPENSE 7,200.00 684.87 5,828.54 1,371.46 80.95%
INDIRECT EXPENSES:
NET INCOME (LOSS): 16,336.00 (5,564.07) 45,002.69
983

LAW OFFICE MNGT ASSISTANCE

PROGRAM
REVENUE:
DIVERSIONS 4,000.00 - 2,463.75 1,536.25 61.59%
LAW OFFICE IN A BOX SALES 2,500.00 270.00 3,015.64 (515.64) 120.63%
TOTAL REVENUE: 6,500.00 270.00 5,479.39 1,020.61 84.30%
DIRECT EXPENSES:
LIBRARY MATERIALS/RESOURCES 1,500.00 - 729.04 770.96 48.60%
LAW OFFICE IN A BOX 500.00 7.66 704.62 (204.62) 140.92%
STAFF TRAVEL/PARKING 5,000.00 36.69 2,163.99 2,836.01 43.28%
INDIRECT EXPENSES:
NET INCOME (LOSS): (351,875.00) (25,253.12) (259,953.78)
984

LAWYER ASSISTANCE
PROGRAM
REVENUE:
DIVERSIONS 18,000.00 750.00 11,150.00 6,850.00 61.94%
LAP GROUPS REVENUE - - 580.00 (580.00)
TOTAL REVENUE: 18,000.00 750.00 11,730.00 6,270.00 65.17%
DIRECT EXPENSES:
PROF LIAB INSURANCE 850.00 - 775.50 74.50 91.24%

MEMBER ASSISTANCE PROGRAM 45,120.00 - 33,840.00 11,280.00 75.00%
PUBLICATIONS PRODUCTION 200.00 - 228.22 (28.22) 114.11%
MISCELLANEOUS 150.00 - - 150.00 0.00%
INDIRECT EXPENSES:
NET INCOME (LOSS): (148,377.00) (9,282.47) (127,235.01)
985

LEGISLATIVE
REVENUE:
DIRECT EXPENSES:
RENT - OLYMPIA OFFICE 8,702.00 724.84 7,248.40 1,453.60 83.30%
CONTRACT LOBBYIST 28,000.00 - 15,000.00 13,000.00 53.57%
LOBBYIST CONTACT COSTS 1,600.00 74.14 250.26 1,349.74 15.64%
LEGISLATIVE COMMITTEE 5,000.00 - 2,138.83 2,861.17 42.78%
BOG LEGISLATIVE COMMITTEE 250.00 - 275.76 (25.76) 110.30%
SUBSCRIPTIONS 2,000.00 - 2,192.97 (192.97) 109.65%
SUPPLIES 750.00 - 113.72 636.28 15.16%
TELEPHONE 3,000.00 54.42 2,545.19 454.81 84.84%
INDIRECT EXPENSES:
NET INCOME (LOSS): (289,217.00) (15,044.17) (189,514.45)
986

LICENSING & MEMBERSHIP

RECORDS
REVENUE:
STATUS CERTIFICATE FEES 21,000.00 1,681.09 18,037.24 2,962.76 85.89%
RULE 9/LEGAL INTERN FEES 15,000.00 700.00 11,500.00 3,500.00 76.67%
INVESTIGATION FEES 21,000.00 1,600.00 17,600.00 3,400.00 83.81%
PRO HAC VICE 190,000.00 15,015.00 154,305.00 35,695.00 81.21%
MEMBER CONTACT INFORMATION 28,000.00 2,510.08 20,127.47 7,872.53 71.88%
PHOTO BAR CARD SALES 500.00 24.00 552.13 (52.13) 110.43%
TOTAL REVENUE: 275,500.00 21,530.17 222,121.84 53,378.16 80.62%
DIRECT EXPENSES:
LICENSING FORMS 2,000.00 - 8,348.32 (6,348.32) 417.42%
POSTAGE 21,000.00 - 26,647.89 (5,647.89) 126.89%
TOTAL DIRECT EXPENSES: 23,000.00 - 34,996.21 (11,996.21) 152.16%
INDIRECT EXPENSES:
NET INCOME (LOSS): (265,061.00) (18,194.08) (233,268.58)
987

LIMITED LICENSE LEGAL

TECHNICIAN PROGRAM
REVENUE:
LLLT LICENSE FEES 2,625.00 218.70 2,274.95 350.05 86.66%
LLLT EXAM FEES 8,100.00 2,350.00 4,500.00 3,600.00 55.56%
LLLT WAIVER FEES 600.00 300.00 600.00 - 100.00%
TOTAL REVENUE: 11,325.00 2,868.70 7,374.95 3,950.05 65.12%
DIRECT EXPENSES:
CHRACTER & FITNESS INVESTIGATIONS 100.00 - - 100.00 0.00%
LLLT BOARD 17,000.00 533.00 12,210.21 4,789.79 71.82%
LLLT OUTREACH 7,000.00 - 4,453.65 2,546.35 63.62%
LLLT EXAM WRITING 25,000.00 - 9,465.00 15,535.00 37.86%
STAFF MEMBERSHIP DUES - 110.00 110.00 (110.00)
INDIRECT EXPENSES:
NET INCOME (LOSS): (216,358.00) (11,301.37) (160,357.28)
988

LIMITED PRACTICE OFFICERS

REVENUE:
RECOVERY OF DISCIPLINE COSTS - - 520.00 (520.00)

LPO EXAMINATION FEES 15,000.00 2,200.00 13,600.00 1,400.00 90.67%
LPO LICENSE FEES 108,000.00 8,271.28 89,066.28 18,933.72 82.47%
LPO LATE LICENSE FEES 1,000.00 - - 1,000.00 0.00%
LPO CEU & TA LATE FEES 4,000.00 - 3,400.00 600.00 85.00%
LPO CONTINUING ED ACCRED FEE 2,700.00 200.00 2,000.00 700.00 74.07%
TOTAL REVENUE: 130,700.00 10,671.28 108,586.28 22,113.72 83.08%
DIRECT EXPENSES:
LPO EXAM FACILITIES 700.00 - 844.46 (144.46) 120.64%
LPO BOARD 2,300.00 82.80 1,020.56 1,279.44 44.37%
LPO DISCIPLINE EXPENSES 200.00 - - 200.00 0.00%
FINGERPRINT CARD PROCESSING 1,500.00 - 3,002.00 (1,502.00) 200.13%
POSTAGE 2,300.00 110.67 1,481.38 818.62 64.41%
INDIRECT EXPENSES:
NET INCOME (LOSS): (56,812.00) (4,888.44) (54,182.77)
989

MANDATORY CLE
ADMINISTRATION
REVENUE:
ACCREDITED PROGRAM FEES 300,000.00 19,800.00 226,700.00 73,300.00 75.57%
FORM 1 LATE FEES 60,000.00 10,185.00 94,990.00 (34,990.00) 158.32%
MEMBER LATE FEES 160,000.00 2,100.00 240,110.00 (80,110.00) 150.07%
ANNUAL ACCREDITED SPONSOR FEES 23,000.00 - 27,750.00 (4,750.00) 120.65%
ATTENDANCE FEES 70,000.00 4,090.00 54,934.12 15,065.88 78.48%
COMITY CERTIFICATES 26,000.00 150.00 33,998.19 (7,998.19) 130.76%
ATTENDANCE LATE FEES 60,000.00 6,055.00 56,432.00 3,568.00 94.05%
TOTAL REVENUE: 699,000.00 42,380.00 734,914.31 (35,914.31) 105.14%
DIRECT EXPENSES:
MCLE BOARD 2,000.00 - 1,386.48 613.52 69.32%
POSTAGE 2,000.00 - 793.00 1,207.00 39.65%
DEPRECIATION 108,120.00 15,335.00 76,675.00 31,445.00 70.92%
INDIRECT EXPENSES:
NET INCOME (LOSS): 12,084.00 (43.02) 233,173.29
990

MEMBER BENEFITS
REVENUE:
ROYALTIES 3,000.00 347.50 12,582.26 (9,582.26) 419.41%
TOTAL REVENUE: 3,000.00 347.50 12,582.26 (9,582.26) 419.41%
DIRECT EXPENSES:
CASEMAKER 73,000.00 - 55,682.55 17,317.45 76.28%
INDIRECT EXPENSES:
TOTAL ALL EXPENSES: 73,000.00 - 55,682.55 17,317.45 76.28%
NET INCOME (LOSS): (70,000.00) 347.50 (43,100.29)
991

MENTORSHIP PROGRAM
REVENUE:
DIRECT EXPENSES:
MENTORSHIP PROGRAM EXPENSES 18,258.00 - 1,310.79 16,947.21 7.18%
RECEPTION/FORUM EXPENSE 1,000.00 - - 1,000.00 0.00%
STAFF TRAVEL/PARKING 2,000.00 - - 2,000.00 0.00%
SUBSCRIPTIONS 500.00 - - 500.00 0.00%
CONFERENCE CALLS 800.00 - - 800.00 0.00%
INDIRECT EXPENSES:
NET INCOME (LOSS): (186,567.00) (11,985.58) (112,281.59)
992

NEW LAWYER EDUCATION

REVENUE:
DONATIONS - - 1,550.00 (1,550.00)
SEMINAR REGISTRATIONS 100,000.00 - 30,629.70 69,370.30 30.63%
TRIAL ADVOCACY PROGRAM 25,000.00 - 28,191.00 (3,191.00) 112.76%
TOTAL REVENUE: 125,000.00 - 60,370.70 64,629.30 48.30%
DIRECT EXPENSES:
ONLINE EXPENSES 2,940.00 245.00 1,960.00 980.00 66.67%
NEW LAWYER OUTREACH EVENTS 5,000.00 - 5,121.01 (121.01) 102.42%
NEW LAWYERS COMMITTEE 15,000.00 223.31 11,559.55 3,440.45 77.06%
TRIAL ADVOCACY PROGRAM 3,500.00 - 4,028.04 (528.04) 115.09%
SEMINAR BROCHURES 3,000.00 - 906.92 2,093.08 30.23%
SPEAKERS & PROGRAM DEVELOPMENT 2,000.00 21.98 1,279.21 720.79 63.96%
SCHOLARSHIPS/DONATIONS/GRANT 2,000.00 - - 2,000.00 0.00%
INDIRECT EXPENSES:
NET INCOME (LOSS): (205,919.00) (20,242.76) (185,920.27)
993

NORTHWEST LAWYER
REVENUE:
ROYALTIES - - 1,231.13 (1,231.13)
DISPLAY ADVERTISING 440,000.00 43,001.25 343,214.75 96,785.25 78.00%
SUBSCRIPT/SINGLE ISSUES 450.00 - 288.00 162.00 64.00%
CLASSIFIED ADVERTISING 84,000.00 717.00 81,068.12 2,931.88 96.51%
GEN ANNOUNCEMENTS 19,000.00 750.00 10,600.00 8,400.00 55.79%
PROF ANNOUNCEMENTS 24,000.00 2,955.00 24,497.50 (497.50) 102.07%
TOTAL REVENUE: 567,450.00 47,423.25 460,899.50 106,550.50 81.22%
DIRECT EXPENSES:
GRAPHICS/ARTWORK 2,500.00 30.00 446.85 2,053.15 17.87%
OUTSIDE SALES EXPENSE 80,000.00 1,000.00 56,740.20 23,259.80 70.93%
EDITORIAL ADVISORY COMMITTEE 800.00 - 741.21 58.79 92.65%
BAD DEBT EXPENSE 1,000.00 - (1,350.00) 2,350.00 -135.00%
POSTAGE 70,000.00 - 69,186.30 813.70 98.84%
PRINTING, COPYING & MAILING 220,000.00 - 145,433.11 74,566.89 66.11%
SURVEY 9,000.00 - - 9,000.00 0.00%
INDIRECT EXPENSES:
NET INCOME (LOSS): (50,028.00) 27,448.75 1,966.87
994

OFFICE OF GENERAL COUNSEL

REVENUE:
COPY FEES - - 69.53 (69.53)
TOTAL REVENUE: - - 69.53 (69.53)
DIRECT EXPENSES:
AMICUS BRIEF COMMITTEE 100.00 - 43.65 56.35 43.65%
COURT RULES COMMITTEE 5,000.00 - 892.33 4,107.67 17.85%
DISCIPLINE ADVISORY ROUNDTABLE 1,500.00 - - 1,500.00 0.00%
CUSTODIANSHIPS 10,000.00 - 1,270.94 8,729.06 12.71%
STAFF MEMBERSHIP DUES 1,500.00 - 1,515.00 (15.00) 101.00%
INDIRECT EXPENSES:
NET INCOME (LOSS): (686,512.00) (53,599.42) (562,519.88)
995

OGC-DISCIPLINARY BOARD
REVENUE:
DIRECT EXPENSE:
DISCIPLINARY BOARD EXPENSES 10,000.00 455.56 5,788.30 4,211.70 57.88%
CHIEF HEARING OFFICER 33,000.00 2,500.00 25,000.00 8,000.00 75.76%
HEARING OFFICER EXPENSES 5,000.00 58.07 712.30 4,287.70 14.25%
HEARING OFFICER TRAINING 2,500.00 36.22 1,877.21 622.79 75.09%
DISCIPLINARY BOARD NOTICES - - 23.28 (23.28)
OUTSIDE COUNSEL 60,000.00 4,000.00 88,214.13 (28,214.13) 147.02%
DISCIPLINARY SELECTION PANEL - - 742.62 (742.62)
INDIRECT EXPENSES:
NET INCOME (LOSS): (298,924.00) (22,167.39) (278,462.43)
996

PRACTICE OF LAW BOARD

REVENUE:
DIRECT EXPENSES:
PRACTICE OF LAW BOARD 3,500.00 704.96 11,769.30 (8,269.30) 336.27%
TRANSLATION SERVICES 500.00 - - 500.00 0.00%
STAFF TRAVEL/PARKING 100.00 - - 100.00 0.00%
TOTAL DIRECT EXPENSES: 4,100.00 704.96 11,769.30 (7,669.30) 287.06%
INDIRECT EXPENSES:
NET INCOME (LOSS): (82,114.00) (15,501.76) (77,814.79)
997

PROFESSIONAL RESPONSIBILITY
PROGRAM
REVENUE:
DIRECT EXPENSES:
CPE COMMITTEE 5,000.00 0.61 1,490.83 3,509.17 29.82%
STAFF TRAVEL/PARKING 1,000.00 - 1,725.86 (725.86) 172.59%
INDIRECT EXPENSES:
SALARY EXPENSE (1.30 FTE) 105,332.00 (622.60) 78,499.05 26,832.95 74.53%
NET INCOME (LOSS): (177,183.00) (4,325.30) (135,341.27)
998

PUBLIC SERVICE PROGRAMS

REVENUE:
DONATIONS & GRANTS 85,000.00 - 72,400.00 12,600.00 85.18%
TOTAL REVENUE: 85,000.00 - 72,400.00 12,600.00 85.18%
DIRECT EXPENSES:
DONATIONS/SPONSORSHIPS/GRANTS 203,684.00 22,700.66 166,364.79 37,319.21 81.68%
SPEAKERS & PROGRAM DEVELOPMENT 1,000.00 - 562.11 437.89 56.21%
PRO BONO & LEGAL AID COMMITTEE 2,000.00 25.54 1,305.89 694.11 65.29%
VOLUNTEER RECRUITMENT & APPREC 6,500.00 799.31 3,893.88 2,606.12 59.91%
PUBLIC DEFENSE 4,500.00 1,130.38 6,111.90 (1,611.90) 135.82%
INDIRECT EXPENSES:
NET INCOME (LOSS): (411,761.00) (45,265.65) (324,345.87)
999

SECTIONS ADMINISTRATION
REVENUE:
REIMBURSEMENTS FROM SECTIONS 311,250.00 956.25 317,812.50 (6,562.50) 102.11%
TOTAL REVENUE: 311,250.00 956.25 317,812.50 (6,562.50) 102.11%
DIRECT EXPENSES:
DUES STATEMENTS 8,500.00 - 9,173.06 (673.06) 107.92%
STAFF MEMBERSHIP DUES - - 40.00 (40.00)
SECTION/COMMITTEE CHAIR MTGS 1,000.00 - 229.34 770.66 22.93%
MISCELLANEOUS 300.00 - 148.98 151.02 49.66%
INDIRECT EXPENSES:

NET INCOME (LOSS): (107,038.00) (31,065.94) (14,825.89)
1000

TECHNOLOGY
REVENUE:
DIRECT EXPENSES:
COMPUTER HARDWARE 34,000.00 11,512.11 24,543.29 9,456.71 72.19%
COMPUTER SOFTWARE 20,000.00 - 12,524.60 7,475.40 62.62%
SOFTWARE MAINTENANCE & LICENSING 291,000.00 6,010.24 225,296.60 65,703.40 77.42%
HARDWARE SERVICE & WARRANTIES 75,000.00 - 18,854.80 56,145.20 25.14%
TELEPHONE HARDWARE & MAINTENANCE 41,000.00 3,242.58 31,365.77 9,634.23 76.50%
COMPUTER SUPPLIES 30,000.00 494.72 15,095.09 14,904.91 50.32%
THIRD PARTY SERVICES 31,000.00 1,182.25 34,192.60 (3,192.60) 110.30%
STAFF TRAVEL/PARKING 2,500.00 486.17 677.17 1,822.83 27.09%
TELEPHONE 22,000.00 297.66 5,069.02 16,930.98 23.04%
TRANSFER TO INDIRECT EXPENSES (750,710.00) (39,933.73) (636,099.04) (114,610.96) 84.73%
TOTAL DIRECT EXPENSES: 116,605.00 - - 116,605.00 0.00%
INDIRECT EXPENSES:
NET INCOME (LOSS): (1,668,602.00) (111,078.01) (1,153,783.80)
1001

CLE - PRODUCTS
REVENUE:
SHIPPING & HANDLING 5,750.00 732.00 6,117.00 (367.00) 106.38%
DESKBOOK SALES 100,000.00 8,658.00 100,667.12 (667.12) 100.67%
COURSEBOOK SALES 25,000.00 3,248.84 16,901.12 8,098.88 67.60%
SECTION PUBLICATION SALES 19,000.00 800.00 17,973.24 1,026.76 94.60%
CASEMAKER ROYALTIES 75,000.00 - 30,823.82 44,176.18 41.10%
MP3 AND VIDEO SALES 600,000.00 222,682.29 755,493.56 (155,493.56) 125.92%
TOTAL REVENUE: 824,750.00 236,121.13 927,975.86 (103,225.86) 112.52%
DIRECT EXPENSES:
COST OF SALES - DESKBOOKS 70,000.00 4,732.19 66,788.15 3,211.85 95.41%

COST OF SALES - COURSEBOOKS 1,750.00 255.45 1,450.09 299.91 82.86%
COST OF SALES SECTION PUBLICATION 3,500.00 308.80 3,019.16 480.84 86.26%
A/V DEVELOP COSTS (RECORDING) 1,700.00 - 1,500.00 200.00 88.24%
DEPRECIATION 6,513.33 520.00 4,181.00 2,332.33 64.19%
DESKBOOK ROYALTIES 1,000.00 38.69 612.64 387.36 61.26%
RECORDED SEMINAR ROYALITIES - - 635.00 (635.00)
ONLINE EXPENSES 40,000.00 3,098.05 34,323.17 5,676.83 85.81%
SHIPPING SUPPLIES 500.00 - - 500.00 0.00%
POSTAGE & DELIVERY-DESKBOOKS 5,000.00 113.59 4,325.81 674.19 86.52%
POSTAGE & DELIVERY-COURSEBOOKS 5,000.00 19.45 916.22 4,083.78 18.32%
SPLITS WITH SECTIONS 6,000.00 658.98 5,219.22 780.78 86.99%
FLIERS/CATALOGS 6,000.00 2,902.80 4,011.87 1,988.13 66.86%
POSTAGE - FLIERS/CATALOGS 4,000.00 - 3,729.44 270.56 93.24%
EQUIPMENT, HARD.,& SOFTWARE 1,320.00 - - 1,320.00 0.00%
COMPLIMENTARY BOOK PROGRAM 2,000.00 564.60 4,364.60 (2,364.60) 218.23%
BAD DEBT EXPENSE 100.00 - - 100.00 0.00%
RECORDS STORAGE - OFF SITE 7,440.00 620.00 5,120.00 2,320.00 68.82%
MISCELLANEOUS 200.00 - 70.00 130.00 35.00%
INDIRECT EXPENSES:
NET INCOME (LOSS): 135,591.67 182,575.55 364,888.49
1002

CLE - SEMINARS
REVENUE:
SEMINAR REGISTRATIONS 1,588,500.00 28,735.00 1,221,995.65 366,504.35 76.93%
SEMINAR-EXHIB/SPNSR/ETC 25,000.00 17,365.00 68,272.92 (43,272.92) 273.09%
TOTAL REVENUE: 1,613,500.00 46,100.00 1,290,268.57 323,231.43 79.97%
DIRECT EXPENSES:
COURSEBOOK PRODUCTION 2,000.00 285.38 4,379.58 (2,379.58) 218.98%
POSTAGE - FLIERS/CATALOGS 50,000.00 1,397.96 22,393.09 27,606.91 44.79%
POSTAGE - MISC./DELIVERY 2,500.00 - 757.50 1,742.50 30.30%
ONLINE EXPENSES 42,000.00 323.20 36,856.72 5,143.28 87.75%
ACCREDITATION FEES 5,800.00 554.00 7,607.00 (1,807.00) 131.16%
SEMINAR BROCHURES 69,000.00 - 37,406.80 31,593.20 54.21%
FACILITIES 269,988.00 32,180.88 179,164.82 90,823.18 66.36%
SPEAKERS & PROGRAM DEVELOP 65,534.00 12,801.73 44,680.02 20,853.98 68.18%
SPLITS TO SECTIONS 167,456.00 12,143.93 117,750.20 49,705.80 70.32%
SPLITS TO CO-SPONSORS 7,500.00 - - 7,500.00 0.00%
HONORARIA 20,250.00 - - 20,250.00 0.00%
CLE SEMINAR COMMITTEE 1,500.00 - 124.27 1,375.73 8.28%
DEPRECIATION 15,700.00 1,307.00 13,065.00 2,635.00 83.22%
BAD DEBT EXPENSE 500.00 - - 500.00 0.00%
STAFF MEMBERSHIP DUES 975.00 - 1,094.00 (119.00) 112.21%
SUPPLIES 2,000.00 - 602.93 1,397.07 30.15%
TELEPHONE - 10.69 10.69 (10.69)
INDIRECT EXPENSES:
TOTAL INDIRECT EXPENSES: 1,010,827.00 68,529.86 710,243.38 300,583.62 70.26%
NET INCOME (LOSS): (126,530.00) (84,435.20) 112,178.32
1003

SECTIONS OPERATIONS
REVENUE:
SECTION DUES 473,340.00 1,620.00 488,456.62 (15,116.62) 103.19%
SEMINAR PROFIT SHARE 139,200.00 12,143.93 123,854.60 15,345.40 88.98%
INTEREST INCOME 719.00 - - 719.00 0.00%
PUBLICATIONS REVENUE 6,500.00 1,229.67 7,726.83 (1,226.83) 118.87%
OTHER 60,953.00 5,996.83 44,487.41 16,465.59 72.99%
TOTAL REVENUE: 680,712.00 20,990.43 664,525.46 16,186.54 97.62%
DIRECT EXPENSES:
DIRECT EXPENSES OF SECTION ACTIVITIES 575,945.00 46,117.78 304,834.40 271,110.60 52.93%
REIMBURSEMENT TO WSBA FOR INDIRECT EXPENSES 306,970.25 956.25 317,812.50 (10,842.25) 103.53%
NET INCOME (LOSS): (202,203.25) (26,083.60) 41,878.56
1004

LAWYERS FUND FOR CLIENT

PROTECTION
REVENUE:
LFCP RESTITUTION 1,000.00 346.59 2,607.16 (1,607.16) 260.72%
LFCP MEMBER ASSESSMENTS 945,000.00 3,270.00 981,675.00 (36,675.00) 103.88%
INTEREST INCOME 500.00 726.46 5,154.23 (4,654.23) 1030.85%
TOTAL REVENUE: 946,500.00 4,343.05 989,436.39 (42,936.39) 104.54%
DIRECT EXPENSES:
GIFTS TO INJURED CLIENTS 500,000.00 6,150.00 229,592.43 270,407.57 45.92%
LFCP BOARD EXPENSES 1,500.00 16.64 989.06 510.94 65.94%
BANK FEES - WELLS FARGO 800.00 97.75 943.30 (143.30) 117.91%
INDIRECT EXPENSES:
NET INCOME (LOSS): 314,691.00 (12,299.36) 650,570.42
1005

WESTERN STATES BAR CONFERENCE

REVENUE:
REGISTRATION REVENUE 50,000.00 - 25,200.00 24,800.00 50.40%
OTHER ACTIVITIES REGISTRATION REVENUE - - 12,959.46 (12,959.46)
WESTERN STATES BAR MEMBERSHIP DUES - - 2,400.00 (2,400.00)
SPONSORSHIPS - - 9,200.00 (9,200.00)
TOTAL REVENUE: 50,000.00 - 49,759.46 240.54 99.52%
DIRECT EXPENSES:
MANAGEMENT OF WESTERN STATES BAR CONFERENCE 50,000.00 - 150.00 49,850.00 0.30%
SPEAKERS & PROGRAM DEVELOPMENT - - 2,323.09 (2,323.09)
FACILITIES - - 43,951.39 (43,951.39)
STAFF TRAVEL/PARKING - - 1,043.26 (1,043.26)
BANK FEES - 46.67 463.05 (463.05)
WSBC PRESIDENT TRAVEL - - 384.70 (384.70)
OPTIONAL ACTIVITIES EXPENSE - - 1,225.92 (1,225.92)
MARKETING EXPENSE - - 429.28 (429.28)
INDIRECT EXPENSES:
TOTAL ALL EXPENSES: 50,000.00 46.67 49,970.69 29.31 99.94%
NET INCOME (LOSS): - (46.67) (211.23)
1006

INDIRECT EXPENSES:
SALARIES 10,876,353.00 845,844.08 8,745,760.75 2,130,592.25 80.41%
TEMPORARY SALARIES 152,600.00 8,542.00 64,972.17 87,627.83 42.58%
EMPLOYEE ASSISTANCE PLAN 4,800.00 - 3,600.00 1,200.00 75.00%
EMPLOYEE SERVICE AWARDS 2,140.00 - 1,824.25 315.75 85.25%
FICA (EMPLOYER PORTION) 815,000.00 62,894.77 649,255.12 165,744.88 79.66%
L&I INSURANCE 51,500.00 - 30,029.05 21,470.95 58.31%
MEDICAL (EMPLOYER PORTION) 1,442,000.00 105,996.74 1,073,589.05 368,410.95 74.45%
RETIREMENT (EMPLOYER PORTION) 1,205,000.00 93,422.50 949,327.28 255,672.72 78.78%
TRANSPORTATION ALLOWANCE 98,000.00 165.00 102,216.80 (4,216.80) 104.30%
UNEMPLOYMENT INSURANCE 119,500.00 5,811.86 79,978.43 39,521.57 66.93%
STAFF DEVELOPMENT-GENERAL 7,000.00 - 3,099.02 3,900.98 44.27%
TOTAL SALARY & BENEFITS EXPENSE: 14,619,993.00 1,122,676.95 11,680,923.92 2,939,069.08 79.90%
WORKPLACE BENEFITS 32,000.00 1,502.21 38,682.68 (6,682.68) 120.88%

HUMAN RESOURCES POOLED EXP 128,336.00 4,724.38 87,484.27 40,851.73 68.17%
MEETING SUPPORT EXPENSES 15,000.00 1,720.88 13,003.16 1,996.84 86.69%
RENT 1,590,000.00 137,681.96 1,328,375.07 261,624.93 83.55%
REMODEL EXPENSE - 2,981.12 78,148.53 (78,148.53)
PERSONAL PROP TAXES-WSBA 18,000.00 1,030.07 10,863.14 7,136.86 60.35%
FURNITURE, MAINT, LH IMP 20,000.00 889.50 15,488.57 4,511.43 77.44%
OFFICE SUPPLIES & EQUIPMENT 69,000.00 1,860.72 26,028.04 42,971.96 37.72%
FURN & OFFICE EQUIP DEPRECIATION 162,000.00 12,844.41 123,010.76 38,989.24 75.93%
COMPUTER HARDWARE DEPRECIATION 105,000.00 7,621.38 78,524.90 26,475.10 74.79%
COMPUTER SOFTWARE DEPRECIATION 52,000.00 1,707.00 37,704.60 14,295.40 72.51%
INSURANCE 105,000.00 8,139.75 81,372.50 23,627.50 77.50%
PROFESSIONAL FEES-AUDIT 30,000.00 - 30,310.65 (310.65) 101.04%
PROFESSIONAL FEES-LEGAL 40,000.00 24,181.50 59,011.40 (19,011.40) 147.53%
TELEPHONE & INTERNET 46,000.00 2,442.48 23,428.92 22,571.08 50.93%
POSTAGE - GENERAL 45,000.00 2,487.62 29,848.95 15,151.05 66.33%
RECORDS STORAGE 36,000.00 3,778.13 32,986.73 3,013.27 91.63%
STAFF TRAINING 55,000.00 2,439.18 58,660.73 (3,660.73) 106.66%
BANK FEES 17,200.00 1,331.01 17,020.19 179.81 98.95%
PRODUCTION MAINTENANCE & SUPPLIES 25,000.00 1,511.59 10,012.87 14,987.13 40.05%
GAIN (LOSS) ASSETS - - (247.00) 247.00
COMPUTER POOLED EXPENSES 750,710.00 39,933.73 636,099.04 114,610.96 84.73%
TOTAL OTHER INDIRECT EXPENSES: 3,341,246.00 260,808.62 2,815,818.70 525,427.30 84.27%
TOTAL INDIRECT EXPENSES: 17,961,239.00 1,383,485.57 14,496,742.62
1007
FISCAL CURRENT YEAR TO REMAINING

2016 BUDGET MONTH DATE BALANCE
SUMMARY PAGE
LICENSE FEES 12,545,000.00 1,079,869.04 10,638,201.47 1,906,798.53

ACCESS TO JUSTICE BOARD (249,146.00) (11,396.98) (175,148.41) (73,997.59)
ADMINISTRATION (930,707.00) (59,761.38) (677,264.23) (253,442.77)
ADMISSIONS/BAR EXAM 52,237.00 (65,311.85) 303,090.34 (250,853.34)
BOARD OF GOVERNORS (757,003.00) (56,757.05) (627,923.07) (129,079.93)
COMMUNICATIONS (1,556,349.00) (123,368.06) (1,280,395.02) (275,953.98)
DISCIPLINE (5,439,416.00) (431,122.77) (4,429,701.56) (1,009,714.44)
DIVERSITY (353,563.00) (30,027.47) (245,590.35) (107,972.65)
FOUNDATION (168,950.00) (14,467.36) (117,189.82) (51,760.18)
HUMAN RESOURCES (247,159.00) (28,016.53) (294,610.10) 47,451.10
PUBLIC SERVICE PROGRAMS (411,761.00) (45,265.65) (324,345.87) (87,415.13)
LOMAP (351,875.00) (25,253.12) (259,953.78) (91,921.22)
LAP (148,377.00) (9,282.47) (127,235.01) (21,141.99)
LEGISLATIVE (289,217.00) (15,044.17) (189,514.45) (99,702.55)
LICENSING AND MEMBERSHIP (265,061.00) (18,194.08) (233,268.58) (31,792.42)
LIMITED LICENSE LEGAL TECHNICIAN (216,358.00) (11,301.37) (160,357.28) (56,000.72)
LIMITED PRACTICE OFFICERS (56,812.00) (4,888.44) (54,182.77) (2,629.23)
MANDATORY CLE ADMINISTRATION 12,084.00 (43.02) 233,173.29 (221,089.29)
MEMBER BENEFITS (70,000.00) 347.50 (43,100.29) (26,899.71)
MENTORSHIP PROGRAM (186,567.00) (11,985.58) (112,281.59) (74,285.41)
NEW LAWYER EDUCATION (205,919.00) (20,242.76) (185,920.27) (19,998.73)
NW LAWYER (50,028.00) 27,448.75 1,966.87 (51,994.87)
OFFICE OF GENERAL COUNSEL (686,512.00) (53,599.42) (562,519.88) (123,992.12)
OGC-DISCIPLINARY BOARD (298,924.00) (22,167.39) (278,462.43) (20,461.57)
PRACTICE OF LAW BOARD (82,114.00) (15,501.76) (77,814.79) (4,299.21)
PROFESSIONAL RESPONSIBILITY (177,183.00) (4,325.30) (135,341.27) (41,841.73)
LAW CLERK PROGRAM 16,336.00 (5,564.07) 45,002.69 (28,666.69)
SECTIONS ADMINISTRATION (107,038.00) (31,065.94) (14,825.89) (92,212.11)
TECHNOLOGY (1,668,602.00) (111,078.01) (1,153,783.80) (514,818.20)
CLE - PRODUCTS 135,591.67 182,575.55 364,888.49 (229,296.82)
CLE - SEMINARS (126,530.00) (84,435.20) 112,178.32 (238,708.32)
SECTIONS OPERATIONS (202,203.25) (26,083.60) 41,878.56 (244,081.81)
LFCP 314,691.00 (12,299.36) 650,570.42 (335,879.42)
WESTERN STATES BAR CONFERENCE - (46.67) (211.23) 211.23
INDIRECT EXPENSES (17,961,239.00) (1,383,485.57) (14,496,742.62) (3,464,496.38)
TOTAL OF ALL 20,188,673.58 1,441,141.56 13,866,733.91 6,321,939.67
NET INCOME (LOSS) (2,227,434.58) (57,655.99) 630,008.71
1008
As of July 31, 2016
Checking & Savings Accounts
General Fund
Checking
Bank Account Amount
Wells Fargo General $ 1,404,108
Total $ 1,404,108

UBS Financial Money Market 0.39% $ 835,872
Merrill Lynch Money Market 0.40% $ 1,863,929
Long Term Investments Varies $ 3,358,807
Short Term Investments Varies $ 1,750,000
General Fund Total $ 11,146,497
Checking
Bank Amount
Wells Fargo $ 824,961

Wells Fargo Investments Varies $ -
Lawyers' Fund for Client Protection Total $ 3,149,328
Grand Total Cash & Investments $ 14,295,825
1009
As of July 31, 2016
Long Term Investments- General Fund
UBS Financial Long Term Investments Value as of 7/31/16

Nuveen 3-7 year Municipal Bond Portfolio $ 511,465.69
Morgan Stanley Long Term Investments Value as of 7/31/16

Lord Abbett Short Term Duration Income Fund $ 1,537,473.27
Guggenheim Total Return Bond Fund $ 657,313.89
Virtus Multi-Sector Short Term Bond Fund $ 652,553.68
$ 2,847,340.84
Total Long Term Investments- General Fund 3,358,806.53

Short Term Investments- General Fund
Interest Maturity
Bank Rate Yield Term Date Amount
Bank of China NY 0.60% 0.60% 6 months 8/3/2016 250,000.00

First Merit Bank 0.60% 0.60% 6 months 8/10/2016 250,000.00
Berkshire Bank 0.50% 0.50% 6 months 8/29/2016 250,000.00
Synovus Bank 0.50% 0.50% 6 months 9/26/2016 250,000.00
Yadkin Bank 0.65% 0.65% 9 months 10/13/2016 250,000.00
Maple Bank 0.60% 0.60% 9 months 10/20/2016 250,000.00
Goldman Sachs Bank 0.70% 0.70% 9 months 10/20/2016 250,000.00
Total Short Term Investments- General Fund 1,750,000.00

Interest Term Maturity
Bank Rate Yield Mths Date Amount
Total LFCP -
1010
WSBA
To: Board of Governo rs
Re : Investment Updat e as of August 31, 2016
The last updat e o n t he invest ment portfolio showed a total va lue of $2,842, 701 as of June 30th. As highlighted in the
previous investment update, beca use of the timing of liquidat ion of f unds being close to the end of the mont h, as of
June 30th t here wa s a tota l amount of $500,000 left outsta nding t o be invested equa lly betw een t he Guggenheim
Tota l Ret urn Bond Fund and Virtus Mu lti-Sector Sho rt Term Bo nd Fund . Those funds were invested as of July 31st,
and t he tot al value of th e investment portfolio has increased by $523,811 for a current va lue of $3,366,512 on
August 31s1.
The WSBA's invest ments are managed by o ur advisors at Mo rgan Sta nley and UBS Financia l. As of Au gust 31st we
have an aggregate gain since inceptio n of $138,497 and an actual percentage gain of 4 .29%. The breakdown by
fund is as fo llows:
7/ 31/ 16 8/ 31/16 $ Ga in/ (Loss) $ Gain/(Loss) $ Gain/(Loss) % Gain/(Loss)

INVESTMENT FUND Value Value Over 1 Year Over 5 Years Since Inception Since Inception
Nuveen 3-7 yea r
$511,466 $512,031 $12,031 1 N/A $12,031 1 2.41%1
M un icipal Bond Po rtfo lio
Lord Abbett & Co mpany
Short Term Du ration $ 1,537,473 $1,538,736 $45,459 $195,752 2 $110,721 3 7.75%
Income Fund
Guggenh eim Total 1.65%
$657,3144 $660,714 $10,714 N/ A $10,714
Retu rn Bond Fund
Virt us Mu lti-Sector Short
$652,5544 $655,031 $5,031 N/A $5,031 0 .77%
Term Bond Fund
Total $3,358,807 $3,366,512 $73,235 $195,752 $138,497 4.29%
1
Original p urchase price was $499,194 in November 2009. $170,000 was withdrawn from this f und in June 2016. Gain/(loss) comparisons are based on value
of fund after June 2016 withdrawal which was $SOO,OOO which will be considered the " Inception Va lue".
2
Comparison price for 5 years is based on t he combination of the original investment of $281,680 (in June 2013), the Legg Mason fund (transferred t o Lord
Abbett in May 20 14), Hays Advisory Fund (liquidated and transferred to Lord Abbett in March 2015), and Tradewinds NWQ Fund (liquidated and transferred to
Lord Abbett in July 2013).
3
Purchase price is $1,428,015 w hich includes $500,020 original purchase plus $599,995 purchase of Legg Mason t ransfe rred over to Lord Abbett as of May 9,
2014 and $328,000 from liquidation of Hays Advisory Fund on March 3, 2015.
4
Purchase price is $650,000
Was hington State Bar Association 1325 Fourth Avenue, Ste 600/ Seattle, WA 98101-2539 206-443-9722 / fax: 206-727-8310
1011
Seattle, WA
November 18, 2016
FRIDAY, NOVEMBER 18, 2015
GENERAL INFORMATION ........ .................. ............. ...... .................... ..... ............................................... .. xx
1. AGENDA ....................................................... .................................................................................. xx
10:15 A.M.
2. EXECUTIVE SESSION
a. Approval of September 29-30, 2016, Executive Session Minutes (action) .......................... E-xx
b. President's and Executive Director's Reports
c. Discipline Report - Doug Ende .............................................................................................. E-xx
d. Litigation Report -Jean McElroy .................................... ....... ..................................... ...... .... E-xx
e. Meeting Evaluation Summary........................................................ ....................................... E-xx
12:00 P.M. -Lunch with Liaisons & Washington Leadership Institute (WLI) Fellows
1:15 P.M. - PUBLIC SESSION
Introductions and Welcome

Report on Executive Session
Consideration of Consent Calendar
OPERATIONAL
3. FIRST READING/ACTION CALENDAR

a. Legislative Matters
1. 2017 WSBA Legislative Agenda -Alison Grazzini, Legislative Affairs Manager (action) .. xx
2. WSBA Legislative Committee 2017 Recommendations - Alison Grazzini, WSBA Legislative
Affairs Manager (action) .................................................................................................... xx
See Consent Calendar. Any items pulled from the Consent Calendar will be scheduled at the President's discretion.
1012
4. CONSENT CALENDAR ...... .. ........................ ........ ................. ........... ... ........ ... ....................... .. .... .. .. .. xx
a. September 29-30, 2016, Public Session Minutes ............................... ..................................... xx
5. INFORMATION
a. Activity Reports ................. .................................................... ....... ........................................... . xx
b. Executive Director's Report .... ...... ..................... ........... .................................. ..................... .... xx
c. FY2016 Fourth Quarter Man agement Report ............. ....... ...... ................. ............... ............... xx
d. WSBA Practice Sections Annual Reports ................................................................................. xx
e. Washington State Bar Foundation (WSBF) Annual Report ..... .... ............................................. xx
f. Washington Leadership Institute Fellows Report on 2015 Community Service Project.. ....... xx
i. Dive rsity and Inclusion Events ....................... ...... ...... ........................................ ...................... xx
j. Financials
6. PREVIEW OF JANUARY 26-27, 2017, MEETING ............................................ .. .. ............................ xx
1013
2016-2017 Board of Governors Meeting Issues
NOVEMBER (Seattle)
Financials
FY2016 Fourth Quarter Management Report
BOG 2016-2017 Legislative Committee Agenda
WSBA Legislative Committee Recommendations
Office of Disciplinary Counsel Report (Executive Session - quarterly)
Washington Leadership Institute (WU) Fellows Report
WSBA Practice Sections Annual Reports (information)
WSBF Annual Report
JANUARY (Spokane)
ABA Midyear Meeting Sneak Preview
Financials
FY2016 Audited Financial Statements
FY2017 First Quarter Management Report
Legislative Report
LFCP Board Annual Report
Third-Year Governors Candidate Recruitment Report
MARCH (Olympia)
ABA Mid-Year Meeting Report
Financials
Legislative Report
Supreme Court Meeting
May (Seattle)
BOG Election Interview Time Limits (Executive Session)
Financials
FY2017 Second Quarter Management Report
Interview/Selection of WSBA At-Large Governor
Interview/Selection of the WSBA President-elect
Legislative Report/Wrap-up
WSBA Awards Committee Recommendations (Executive Session)
1014
JULY (Alderbrook)
ATJ Board Repo rt
BOG Retreat
Court Rules and Procedures Committee Report and Recommendations
Discipline Se lection Panel Recommendations
Financials
Draft WSBA FY2017 Budget
FY2016 Third Quarter Management Report
WSBA Committee and Board Chair Appointments
WSBA Mission Performance and Review (MPR) Committee Update
WSBA Treasurer Election
SEPTEMBER (Seattle)
2018 Ke ller Deduction Schedule
ABA Annua l Meeting Report
Chief Hearing Officer Annual Report
Professionalism Annual Repo rt
Executive Director's Eva luation Report
Financials
Final FY2018 Budget
Legal Foundation of Wa shington and LAW Fund Report
WSBA Annua l Awards Dinner
WSBF Annua l Meeting and Trust ee Electio n
Board of Governors -Action Timeline
Description of Matter/Issue First Reading Scheduled for

Board Action
Law Clerk Waiver Policies November 13, 2015 TBD
1015

Sept 2016 Public Session

Diunggah oleh

Informasi Dokumen

Hak Cipta

Format Tersedia

Bagikan dokumen Ini

Bagikan atau Tanam Dokumen

Opsi Berbagi

Apakah menurut Anda dokumen ini bermanfaat?

Apakah konten ini tidak pantas?

Hak Cipta:

Format Tersedia

Sept 2016 Public Session

Diunggah oleh

Hak Cipta:

Format Tersedia

WSBA

WASHINGTON STATE BAR ASSOCIATION

Public Session Materials

September 29-30, 2016

Equip members with skills for the changing profession

B. SPECIFIC ACTIVITIES AUTHORIZED.

C. ACTIVITIES NOT AUTHORIZED.

*Un less otherwise noted.

T his information can be fo und online at: www.wsba.org/Abo ut-WSBA/Governance/Board-Meeting-Schedule-Materia ls

*Unless otherwise noted.

MOTION PURPOSE INTERRUPT SECOND DEBATABLE? AMENDABLE? VOTE NEEDED

2. Adjourn Closes the meeting No Yes No No Majority

3. Recess Establishes a brief break No Yes No2 Yes Majority

11. Amend an amendment Proposes a change to an amendments No Yes Yes No Majority

13. Postpone indefinitely Kills the m otion No Yes Yes No Majority

1. Tackle the problems presented; don't make up new ones.

2. Keep perspective on long-term goals.

4. Respect the speaker, the input and the Board's decision .

5. Collect your thoughts and speak to the point - sparingly!

6. Foster interpersonal relationships between Board members outside Board events.

7. Listen and be courteous to speakers.

11. Don't repeat points already made.

GUIDING COMMUNICATION PRINCIPLES

+ I will assume the good intent of others.

I will respect others' time, workload, and priorities.

I will aim for clarity; be complete, yet concise.

+ I will practice "active" listening and ask questions if I don't understand.

I will focus on reaching understanding and finding solutions to problems.

Anthony D avid Gipe phone: 206.386.4721

BEST PRACTICES AND EXPECTATIONS

! Attributes of the Board

! Accountability by Individual Governors

~ We all have common loyalty to the success of WSBA

! Work Hard and Have Fun Doing It

Working Together to Champio n Justice

PLEASE NOTE: ALL TIMES ARE APPROXIMATE

THURSDAY, SEPTEMBER 29, 2016

GENERAL INFORMATION ........................................................................................................................ 2

12:00 P.M. LUNCH

1:00 P.M. PUBLIC SESSION

3. FIRST READING/ACTION CALENDAR

FRIDAY, SEPTEMBER 30, 2016

9:00 A.M. PUBLIC SESSION

5. FIRST READING/ACTION CALENDAR (continued)

6. CONSENT CALENDAR.................................................................................................................. 745

a. Activity Reports ..................................................................................................................... 814

8. PREVIEW OF NOVEMBER 18, 2016, MEETING......................................................................... 1012

JULY (Walla Walla)

Board of Governors Action Timeline

Description of Matter/Issue First Reading Scheduled for

WSBA Reserve Policy July 22-23, 2016 Sept 29-30, 2016

Amendments to WSBA Bylaws August 23, 2016 Sept 29-30, 2016

To: WSBA Board of Governors

From: Judy Massong, President

Re: 2016-17 Board ofTrustees Appointments

Date: September 9, 2016

The Board has unanimously approved a slate that includes appointing:

POSITION RECOMMENDATION TERM, ending

4 WSBA Past President or

5 Additional Year Officer Judy Massong Additional Year, September 2017

6 WSBA Member Vernon Harkins 1st Term, September 2018

7 WSBA Member Kate Snow Cozby 1st Term , September 2017

8 WSBA Member James W. Armstrong, Jr. 2nd Term, September 2017

9 WSBA Member Sims Weymuller 1st Term, September 2019