WSBA

WASHINGTON STATE BAR ASSOCIATION

Board of Governors
Meeting

Public Session Materials

September 29-30, 2016
WSBA Conference Center
Seattle, Washington
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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

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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;

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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.

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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.

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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.

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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

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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.

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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

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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.

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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

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Board of Governors Meeting
WSBA Conference Center
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. President’s and Executive Director’s 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 President’s 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 Tomorrow’s 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 Director’s 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)
Standing Agenda Items:
• ABA Midyear Meeting Sneak Preview
• Financials
• FY2016 Audited Financial Statements
• FY2017 First Quarter Management Report
• Legislative Report
• LFCP Board Annual Report
• Office of Disciplinary Counsel Report (Executive Session – quarterly)
• Outside Appointments (if any)
• Third-Year Governors Candidate Recruitment Report

MARCH (Olympia)
Standing Agenda Items:
• ABA Mid-Year Meeting Report
• Financials
• Legislative Report
• Outside Appointments (if any)
• Supreme Court Meeting

May (Seattle)
Standing Agenda Items:
• 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
• Office of Disciplinary Counsel Report (Executive Session – quarterly)
• Outside Appointments (if any)
• WSBA Awards Committee Recommendations (Executive Session)

JULY (Walla Walla)
Standing Agenda Items:
• 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
• Office of Disciplinary Counsel Report (Executive Session – quarterly)
• WSBA Committee and Board Chair Appointments
• WSBA Mission Performance and Review (MPR) Committee Update
• WSBA Treasurer Election

SEPTEMBER (Seattle)
Standing Agenda Items:
• 2018 Keller Deduction Schedule
• ABA Annual Meeting Report
• Chief Hearing Officer Annual Report
• Professionalism Annual Report
• Executive Director’s 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

2 Appointed by 2015-2016
WSBA 2nd Year Governor BOG President September 2018

James Doane
3 Appointed by 2014-2015
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

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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
Moses Lake, Washington

(1989-1992) Superior Court Judge
Grant County, Washington

(1992-1996) Principal Lukins & Annis, P.S.
Spokane, Washington and
Moses Lake, Washington

( 1996-1997) Principal Moberg Law Firm
Moses Lake, Washington

(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

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. Feclet•al 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 Resem·ch 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

Date: September 12, 2016

\ 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

3

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
Washington State Bar Association
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
Washington State Bar Association
Budget Comparison Report
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
Washington State Bar Association
Budget Comparison Report
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
Washington State Bar Association
Budget Comparison Report
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%
STAFF TRAVEL/PARKING 12,500.00 13,000.00 500.00 4%
STAFF MEMBERSHIP DUES 200.00 200.00 0%
SUPPLIES 1,200.00 1,200.00 0%

TOTAL DIRECT EXPENSES: 385,500.00 376,900.00 (8,600.00) -2%

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 O°A1

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
Washington State Bar Association
Budget Comparison Report
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
Washington State Bar Association
Budget Comparison Report
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
Washington State Bar Association
Budget Comparison Report
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 TRAVEL/ PARKING 38,500.00 38,500.00 0%
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
Washington State Bar Association
Budget Comparison Report
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
Washington State Bar Association
Budget Comparison Report
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%
STAFF TRAVEL/ PARKING 1,700.00 1,700.00 0%
STAFF MEMBERSHIP DUES 600.00 600.00 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
Washington State Bar Association
Budget Comparison Report
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
Washington State Bar Association
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
Washington State Bar Association
Budget Comparison Report
For the Period from October I, 2016 to September 30, 20 17

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%
CONFERENCE CALLS 100.00 100.00 0%

TOTAL DIRECT EXPENSES: 8,095.00 4,700.00 (3,395.00) -42%

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%

TOTAL ALL EXPENSES: 358,375.00 202,902.00 (155,473.00) -43%

NET INCOME (LOSS): (351 ,875.00) (200,402.00) 151,473.00

49
Washington State Bar Association
Budget Comparison Report
For the Period from October I, 2016 to September 30, 20 17

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%
STAFF MEMBERSHIP DUES 350.00 350.00 0%
CONFERENCE CALLS 100.00 100.00 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
Washington State Bar Association
Budget Comparison Report
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%
STAFF MEMBERSHIP DUES 450.00 450.00 0%
SUBSCRIPTIONS 2,000.00 2,000.00 0%
SUPPLIES 750.00 (750.00) -100%
TELEPHONE 3,000.00 3,000.00 0%

TOTAL DIRECT EXPENSES: 53,252.00 42,800.00 (10,452.00) -20%

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
Washington State Bar Association
Budget Comparison Report
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
Washington State Bar Association
Budget Comparison Report
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
Washington State Bar Association
Budget Comparison Report
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
Washington State Bar Association
Budget Comparison Report
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%

TOTAL DIRECT EXPENSES: 7,100.00 13,284.00 6,184.00 87%

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

TOTAL ALL EXPENSES: 187,512.00 202,487.00 14,975.00 8%

NET INCOME (LOSS): (56,812.00) (69,787.00) (12,975.00)

55
Washington State Bar Association
Budget Comparison Report
For the Period from October I, 2016 to September 30, 20 17

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
Washington State Bar Association
Budget Comparison Repor·t
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:

TOTAL INDIRECT EXPENSES:

TOTAL ALL EXPENSES: 73,000.00 75,000.00 2,000.00 3%

NET INCOME (LOSS): (70,000.00) (72,000.00) (2,000.00)

57
Washington State Bar Association
Budget Comparison Report
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%
STAFF TRAVEL/PARKING 2,000.00 2,000.00 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
Washington State Bar Association
Budget Comparison Report
Forthe Period from October I , 2016 to Septcmber30, 20 17

FISCAL 201 6 F ISCAL 201 7 SCHANGE I % C I·lANGE
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%
STAFF MEMBERSHIP DUES 200.00 200.00 0%

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%

TOTAL ALL EXPENSES: 330,919.00 307,891.00 (23,028.00) -7%

NET INCOME (LOSS): (205,919.00) (227,89 1.00) (21,972.00)

59
Washington State Bar Association
Budget Comparison Report
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) -2«Yu

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
Washington State Bar Association
Budget Comparison Report
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 TRAVEL/PARKING 2,600.00 2,600.00 0%
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
Budget Comparison Report
For the Period from October I, 20 16 to September 30, 20 17

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%
STAFF MEMBERSHIP DUES 500.00 500.00 0%

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%.

TOTAL ALL EXPENSES: 298,924.00 257,747.00 (41,177.00) -14%

NET INCOME (LOSS): (298,924.00) (257,747.00) 41,177.00

62
Washington State Bar Association
Budget Comparison Report
For the Period from October I, 20 16 to September 30, 20 17

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%

TOTAL DIRECT EXPENSES: 4,100.00 14,100.00 10,000.00 244%

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
Washington State Bar Association
Budget Comparison Report
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%
STAFF TRAVEL/PARKING 1,000.00 1,500.00 500.00 50%
STAFF MEMBERSHIP DUES 500.00 500.00 0%

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
Washington State Bar Association
Budget Comparison Report
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%
STAFF TRAVEL/ PARKING 2,000.00 2,000.00 0%
STAFF MEMBERSHIP DUES 95.00 95.00 0%
CONFERENCE CALLS 200.00 200.00 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°/..

TOTAL ALL EXPENSES: 496,761.00 432,000.00 (64,761.00) -13%

NET INCOM E (LOSS): (411,761.00) (34 7,000.00) 64,76 1.00

65
Washington State Bar Association
Budget Comparison Report
For the Period from October I, 2016 to September 30, 2017

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%
STAFF TRAVEL/PARKING 1,000.00 1,000.00 0%
CONFERENCE CALLS 300.00 300.00 0%
MISCELLANEOUS 300.00 300.00 0%

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
Washington State Bar Association
Budget Comparison Report
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 TRAVEL/PARKING 2,500.00 2,500.00 0%
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
\

c

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
Washington State Bar Association
Budget Comparison Report
For the Period from October I, 2016 to September 30, 2017

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
Washington State Bar Association
Budget Comparison Report
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:

INTEREST - INVESTMENTS 10.00 10.00 0%
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
Washington State Bar Association
Budget Comparison Report
For the Period from October I, 2016 to September 30, 2017

FISCAL 2016 FISCAL 2017 SC HANGE IN %C HANGE
ANIMAL LAW BUDGET BUDGET BUDGET IN BUDGET

REVENUE:

INTEREST - INVESTMENTS 30.00 30.00 0%
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:

CONFERENCE CALLS 200.00 200.00 0%
PER MEMBER CHARGE 1,875.00 1,875.00 0%
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
Washington State Bar Association
Budget Comparison Report
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:

SECTION DUES REVENUE 4,280.00 4,040.00 (240.00) -6%
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
Washington State Bar Association
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:

INTEREST - INVESTMENTS 10.00 10.00 0%
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:

CONFERENCE CALLS 500.00 500.00 0%
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
Washington State Bar Association
Budget Comparison Report
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%
SECTION DUES REVENUE 3,960.00 3,960.00 0%

TOTAL REVENUE: 3,970.00 3,970.00 0%

DIRECT EXPENSES:

CONFERENCE CALLS 600.00 600.00 0%
PER MEMBER CHARGE 2,475.00 2,475.00 0%
AWARDS 300.00 300.00 0%
MlNl-CLE EXPENSE 435.00 435.00 0%
MEMBERSHIP & RECRUITING EXP 300.00 300.00 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%
ANNUAL OR OTHER MEETING EXPENSE 350.00 350.00 0%

TOTAL DIRECT EXPENSES: 6,510.00 6,5 10.00 0%

NET INCOME (LOSS): (2,540.00) (2,540.00)

77
Washington State Bar Association
Budget Comparison Report
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:

CONFERENCE CALLS 280.00 280.00 0%
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%
MEMBERSHIP & RECRUITING EXP 100.00 100.00 0%
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
Washington State Bar Association
Budget Comparison Report
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:

SECTION DUES REVENUE 17,500.00 20,000.00 2,500.00 14%
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%

TOTAL DIRECT EXPENSES: 48,375.00 55,750.00 7,375.00 15%

NET INCOME (LOSS): (4,875.00) (7,750.00) (2,875.00)

79
Washington State Bar Association
Budget Comparison Report
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:

CONFERENCE CALLS 100.00 100.00 0%
PER MEMBER CHARGE 11,250.00 10,500.00 (750.00) -7%
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%
EXECUTIVE COMMITTEE EXPENSES 5,400.00 5,400.00 0%
ANNUAL OR OTHER MEETING EXPENSE 300.00 300.00 0%

TOTAL DIRECT EXPENSES: 40,500.00 37,050.00 (3,450.00) -9%

NET INCOME (LOSS): (10,500.00) (9,450.00) 1,050.00

80
Washington State Bar Association
Budget Comparison Report
For the Period from October I, 2016 to September 30, 2017

F ISCAL 2016 FISCAL 2017 SCHANGE IN %CHANCE
CRIMINAL LAW BUDG ET BUDG ET BUDGET IN BUDGET

R E V E N UE:

INTEREST - INVESTMENTS 50.00 50.00 0%
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%
LAW SCHOOL OUTREACH 500.00 500.00 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
Washington State Bar Association
Budget Comparison Report
For the Period from October I, 2016 to September 30, 201 7

FISCAL 2016 FISCAL 2017 SCHANGE IN % CHANGE
ELDER LAW BUDGET BUDG ET BUDGET IN BUDG ET

REVENUE:

INTEREST - INVESTMENTS 10.00 10.00 0%
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:

CONFERENCE CALLS 600.00 600.00 0%
PER MEMBER CHARGE 12,187.50 12,468.75 281.25 2%
LEGISLATlVE/LOBBYING 1,500.00 1,500.00 0%
RECEPTION EXPENSE 6,500.00 6,500.00 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%
SCHOLARSHIPS/DONATIONS/GRANT 15,000.00 15,000.00 0%
EXECUTIVE COMMITTEE EXPENSES 1,500.00 1,500.00 0%
LDSl-IIP/PROF DEVELOP/RETREATS 5,000.00 5,000.00 0%

TOTAL DIRECT EXPENSES: 46,337.50 50,668.75 4,331.25 9%

NET I NCOM E (LOSS): (I 5,577.50) (4,383.75) 11,193.75

82
Washington State Bar Association
Budget Comparison Report
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:

INTEREST - INVESTMENTS 50.00 50.00 0%
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:

CONFERENCE CALLS 200.00 250.00 50.00 25%
PER MEMBER CHARGE 16,31 2.50 15,562.50 (750.00) -5%
AWARDS 200.00 200.00 0%
NEWSLETTER EXPENSES 2,000.00 2,000.00 0%
SECTION SPECIAL PROJECTS 1,000.00 1,000.00 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%
SCHOLARSHIPS/DONATIONS/GRANT 3,000.00 3,000.00 0%
LAW SCHOOL OUTREACH 1,500.00 1,500.00 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
Washington State Bar Association
Budget Comparison Report
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%
SEMINAR SPLITS W/ CLE 2,400.00 9,000.00 6,600.00 275%

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%
PER MEMBER CHARGE 23,437.50 23,437.50 0%
ELECTIONS 700.00 700.00
AWARDS 1,955.00 1,955.00 0%
NEWSLETTER EXPENSES 1,000.00 1,000.00 0%
SEMINAR EXPENSE - SECTIONS 11,000.00 11,000.00 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 COMMITTEE EXPENSES 15,000.00 16,000.00 1,000.00 7%
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%

TOTAL DIRECT EXPENSES: 67,592.50 79,292.50 11,700.00 17%

NET INCOME (LOSS) : ( 18,942.50) (26,442.50) (7,500.00)

84
Washington State Bar Association
Budget Comparison Report
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%
SECTION DUES REVENUE 7,500.00 7,500.00 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:

CONFERENCE CALLS 400.00 400.00 0%
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

TOTAL DIRECT EXPENSES: 16,256.25 19,156.25 2,900.00 18%

NET I NCOME (LOSS): {7,246.25) (9,946.25) (2,700.00)

85
Washington State Bar Association
Budget Comparison Report
For the Period from October I, 20 16 to September 30, 2017

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%
SECTION DUES REVENUE 7,500.00 8,000.00 500.00 7%
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:

CONFERENCE CALLS 100.00 100.00 0%
PER MEMBER CHARGE 5,625.00 6,000.00 375.00 7%
NEWSLETTER EXPENSES 1,000.00 1,000.00 0%
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
Washington State Bar Association
Budget Comparison Report
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%
SECTION DUES REVENUE 21,000.00 23,500.00 2,500.00 12%
MJNl-CLE REVENUE 1,000.00 875.00 (125.00) -13%
SEMINAR SPLITS W/ CLE 10,000.00 18,300.00 8,300.00 83%

TOTA L REVENU E: 32,0 10.00 42,775.00 10,765.00 34%

DIRECT EXPENS ES:

CONFERENCE CALLS 200.00 200.00 0%
PER MEMBER CHARGE 15,750.00 17,625.00 1,875.00 12%
AWARDS 200.00 200.00
RECEPTION EXPENSE 3,500.00 4,800.00 1,300.00 37%
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%
EXECUTIVE COMMITTEE EXPENSES 2,000.00 3,879.00 1,879.00 94%
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
Washington State Bar Association
Budget Comparison Report
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
PER MEMBER CHARGE 5,625.00 5,343.75 (281.25) -5%
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
Washington State Bar Association
Budget Comparison Report
For the Period from October I, 2016 to September 30, 2017

FISCAL 2016 FISCAL 2017 SC HANGE IN %C HANGE
JUVENILE LAW BUDGET BUDGET BUDGET IN BUDGET

REVENUE:

INTEREST - INVESTMENTS 10.00 10.00 0%
SECTION DUES REVENUE 4,500.00 5,250.00 750.00 17%

TOT A L REVENUE: 4,51 0.00 5,260.00 750.00 17"/,,

DIR ECT EXPENSES:

CONFERENCE CALLS 100.00 (100.00) - 100%
PER MEMBER CHARGE 2,8 12.50 3,281.25 468.75 17%
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
Washington State Bar Association
Budget Comparison Report
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:

INTEREST - INVESTMENTS 10.00 100.00 90.00 900%
SECTION DUES REVENUE 28,500.00 31,500.00 3,000.00 11%
SEMINAR SPLITS W/ CLE 15,000.00 19,000.00 4,000.00 27%

TOTAL REVENUE: 43,5 10.00 50,600.00 7,090.00 16%

DI RECT EXPENSES:

PRINTING & COPYING 500.00 500.00 0%
CONFERENCE CALLS 250.00 250.00 0%
PER MEMBER CHARGE 17,812.50 19,687.50 1,875.00 11 %
RECEPTION EXPENSE 3,000.00 6,000.00 3,000.00 100%
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%
LAW SCHOOL OUTREACH 750.00 750.00 0%
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%

TOTAL DIRECT EXPENSES: 40,012.50 62,887.50 22,875.00 57%

NET I NCOME {LOSS): 3,497.50 {12,287.50) {15, 785.00)

90
Washington State Bar Association
Budget Comparison Report
For the Period from October I, 2016 to September 30, 2017

LEGAL ASSISTANCE TO MILITARY FISCAL20 16 FISCAL 2017 SCHANGE IN %CHANGE
PERSONNEL BUDGET BUDGET BUDGET IN BUDGET

REVENUE:

INTEREST - INVESTMENTS 10.00 10.00 0%
SECTION DUES REVENUE 4,375.00 3,850.00 (525.00) -12%
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:

CONFERENCE CALLS 50.00 50.00 0%
PER MEMBER CHARGE 2,300.00 2,062.50 (237.50) -10%
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
Washington State Bar Association
Budget Comparison Report
For the Period from October I, 2016 to September 30, 2017

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%
PER MEMBER CHARGE 1,781.25 2,006.25 225.00 13%
MINI-CLE EXPENSE 1,200.00 900.00 (300.00) -25%
MEMBERSHIP & RECRUITING EXP 1,050.00 950.00 (100.00) -10%
EXECUTIVE COMMITTEE EXPENSES 1,000.00 1,000.00 0%
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
Washington State Bar Association
Budget Comparison Report
For the Period from October I, 2016 to September 30, 2017

FISCAL 201 6 FISCAL 2017 SC HANGE IN %CHANGE
LITIGATION LAW BUDGET BUDGET BUDGET IN BUDGET

REVENUE:

INTEREST - INVESTMENTS 100.00 100.00 0%
SECTION DUES REVENUE 33,450.00 35,100.00 1,650.00 5%
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:

CONFERENCE CALLS 150.00 150.00 0%
PER MEMBER CHARGE 20,906.25 2 1,937.50 1,03 1.25 5%
AWARDS 500.00 500.00
NEWSLETTER EXPENSES 2,500.00 2,500.00 0%
MINI-CLE EXPENSE 2,000.00 2,000.00 0%
SEMINAR EXPENSE - SECTIONS 500.00 500.00 0%
MEMBERSHIP & RECRUITING EXP 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%
LAW SCHOOL OUTREACH 1,000.00 1,000.00 0%
BREAKFAST/LUNCH/DINNER MTG EXP 5,500.00 5,500.00 0%
EXECUTIVE COMMITTEE EXPENSES 10,000.00 10,000.00 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
Washington State Bar Association
Budget Compar ison Repor t
For the Period from October I, 20 16 to September 30, 20 17

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
SECTION DUES REVENUE 3,390.00 3,510.00 120.00 4%
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
PER MEMBER CHARGE 2,118.75 2,193.75 75.00 4%
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
Washington State Bar Association
Budget Comparison Report
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:

INTEREST - INVESTMENTS 200.00 200.00
SECTION DUES REVENUE 58,750.00 55,000.00 (3,750.00) -6%
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:

CONFERENCE CALLS 200.00 200.00 0%
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%
SEMINAR EXPENSE - SECTIONS 2,500.00 2,500.00 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%

TOTAL DIRECT EXPENSES: 96,762.50 105,650.00 8,887.50 9%

NET I NCOME (LOSS): (3,012.50) (20,450.00) (17,437.50)

95
Washington State Bar Association
Budget Comparison Report
For the Period from October I, 2016 to September 30, 2017

FISCAL 2016 FISCAL2017 SCHANGE IN % C HANGE
SENIOR LA WYERS BUDGET BUDGET BUDGET IN BUDGET

REVENUE:

INTEREST - INVESTMENTS 14.00 26.00 12.00 86%
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 %
NEWSLETTER EXPENSES 4,500.00 4,500.00 0%
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
Washington State Bar Association
Budget Comparison Report
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:

INTEREST - INVESTMENTS 100.00 100.00
SECTION DUES REVENUE 33,250.00 35,000.00 1,750.00 5%
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:

CONFERENCE CALLS 500.00 750.00 250.00 50%
PER MEMBER CHARGE 17,81 2.50 18,750.00 937.50 5%
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.ARSl·W'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
Washington State Bar Association
Budget Comparison Report
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%
SECTION DUES REVENUE 21,910.00 18,900.00 (3,010.00) -14%
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%
RECEPTION EXPENSE 4,000.00 4,000.00 0%
SECTION SPECIAL PROJECTS 4,000.00 4,000.00 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
Washington State Bar Association
Budget Comparison Report
For the Period from October I, 2016 to September 30, 201 7

FISCAL2016 FISCAL 2017 $C HANGE IN %CH ANGE
WORLD PEACE THROUGH LAW BUDGET BUDGET BUDGET I N BUDG ET

REVENUE:

INTEREST - INVESTMENTS 25.00 25.00 0%
SECTION DUES REVENUE 3,750.00 3,000.00 (750.00) -20%
MINI-CLE REVENUE 160.00 400.00 240.00 150%

TOTAL REVENUE: 3,935.00 3,425.00 (510.00) - 13%

DIRECT EXPENSES:

CONFERENCE CALLS 125.00 125.00 0%
PER MEMBER CHARGE 2,343.75 1,875.00 (468.75) -20%
AWARDS 1,000.00 1,000.00 0%
MINI-CLE EXPENSE 3,000.00 4,000.00 1,000.00 33%
MEMBERSHIP & RECRUITING EXP 400.00 400.00 0%
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
Washington State Bar Association
Budget Comparison Report
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%
SEMINAR·EXHIB/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%
SECTION·PARTNERRED 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 6•1.

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 & DELIVERY·DESKBOOKS 5,000.00 4,000.00 {l ,000.00) -20%
POSTAGE & DELIVRY·COURSEBOOKS 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 TRAVEL/PARKING 6,500.00 6,500.00 0%
STAFF MEMBERSHIP DUES 1,345.00 1,550.00 205.00 15%
SUPPLIES 2,000.00 2,000.00 0%
MISCELLANEOUS 200.00 200.00 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
Washington State Bar Association
Budget Comparison Report
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
Washington State Bar Association
Budget Comparison Report
For the Period from October I, 20 16 to September 30, 2017

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 INDIRECT EXPENSES:

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
To: Board of Governors

From: Budget & Audit Committee

Re: 2018-2020 Lawyer License Fees

Date: September 19, 2016

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.

Washington State Bar Association I Office of Legislative Affairs I September 2016
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.

Washington State Bar Association I Office of Legislative Affairs I September 2016
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

Date: September 14, 2016

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
EXECUTIVE SESSION -- CONFIDENTIAL

LFCP Board Recommendations
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
EXECUTIVE SESSION -- CONFIDENTIAL

LFCP Board Recommendations
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

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-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
LAWYERS FUND FOR CLIENT PROTECTION
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
LAWYERS FUND FOR CLIENT PROTECTION
Projected Net Income and Fund Balance with $125,000 Gift Limit
$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


$-
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
Projected Gifts to Injured Clients
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
LAWYERS FUND FOR CLIENT PROTECTION
Projected Net Income and Fund Balance with $150,000 Gift Limit
$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

$-
2®7
$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
Projected Gifts to Injured Clients
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

TO: WSBA Board of Governors
FROM: Paula Littlewood

DATE: September 21, 2016

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 Tomorrow’s 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 Tomorrow’s 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
IAALS—Institute 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 further—we 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 Tomorrow’s Lawyers
Logan Cornett Research Analyst
Caitlin Anderson Legal Assistant, Educating Tomorrow’s Lawyers

Educating Tomorrow’s 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 Tomorrow’s
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 Tomorrow’s 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 profession’s 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 characteristics—col-
LEGAL SKILLS lectively referred to as foundations—that 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 other—the most common
Which must be
type of scale employed in survey research—was 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 lawyer’s career. To overcome the apparent shortcomings of a more traditional
What’s 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 lawyer’s success
in the short term; not necessary in the short term but must be acquired for the lawyer’s continued
success over time; not necessary at any point but advantageous to the lawyer’s 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
ºº Gender
ºº Racial and ethnic background
ºº Income
ºº Primary work setting
ºº Type of practice
ºº Area of expertise
ºº Interactions with new lawyers in the workplace
ºº Office location
ºº Years of experience
ºº Law school attended
• Substantive Information
ºº Degree of necessity for each of the 147 presented foundations
ºº Helpfulness ranking for each of 17 hiring criteria
ºº 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.

3 FOUNDATIONS FOR PRACTICE
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.

FOUNDATIONS FOR PRACTICE 4
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 respondent’s 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.

5 FOUNDATIONS FOR PRACTICE
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 States—65% 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 item—those 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 Ass’n (2015), http://www.americanbar.org/content/dam/aba/administrative/market_
13 
research/lawyer-demographics-tables-2015.pdf.

FOUNDATIONS FOR PRACTICE 6
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).

7 FOUNDATIONS FOR PRACTICE
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%

FOUNDATIONS FOR PRACTICE 8
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.

9 FOUNDATIONS FOR PRACTICE
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.

FOUNDATIONS FOR PRACTICE 10
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:
In-house counsel; 2-10 0.7%
Direct to consumer 0.2%
In-house counsel; 11-50 0.2%
Business to business 0.7%
In-house counsel; 101-250 0.0%

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%

11 FOUNDATIONS FOR PRACTICE
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 options—thus, 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.

FOUNDATIONS FOR PRACTICE 12
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%

13 FOUNDATIONS FOR PRACTICE
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 proportion—about 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.”

FOUNDATIONS FOR PRACTICE 14
152
Office Location. In terms of developed environment, the vast majority (87%) of attorney respondents practiced in
and around cities—half (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).

15 FOUNDATIONS FOR PRACTICE
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.

FOUNDATIONS FOR PRACTICE 16
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 O’Donnell
Linda Klein– ABA; Baker Donelson
Keith Lee– Hamer Law Group
Paula Littlewood– NABE; ABA Task Force; Executive Director,
Washington State Bar Association
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

17 FOUNDATIONS FOR PRACTICE
155
Educating Tomorrow’s Lawyers Consortium Schools
Educating Tomorrow’s 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 Tomorrow’s Lawyers and to collaborate with schools, educators, lawyers, employers, and others
who are making a difference in the way we educate tomorrow’s 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

FOUNDATIONS FOR PRACTICE 18
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 Tomorrow’s 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.

159
FOUNDATIONS
FOR PRACTICE
THE WHOLE LAWYER AND
THE CHARACTER QUOTIENT

Alli Gerkman
Director, Educating Tomorrow’s 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
IAALS—Institute 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 further—we 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 Tomorrow’s Lawyers
Logan Cornett Research Analyst
Caitlin Anderson Legal Assistant, Educating Tomorrow’s Lawyers

Educating Tomorrow’s 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 Tomorrow’s
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 Tomorrow’s 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;
2. Develop measurable models of legal education that support those foundations; and
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 people—not 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 Ass’n
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.

1 FOUNDATIONS FOR PRACTICE
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
today’s 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 system—a 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.

FOUNDATIONS FOR PRACTICE 2
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
successful—to be good—is 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 “beginner’s 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 characteristics—and 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 competencies—particularly when compared with legal skills.

The lawyers we surveyed—numbering more than 24,000—were 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).

3 FOUNDATIONS FOR PRACTICE
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
profession’s 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 attorneys—with office locations in all 50 states and representing most
types of work settings and practice areas—submitted 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.

FOUNDATIONS FOR PRACTICE 4
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 about—just 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 people—not 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
[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 away—but
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.

5 FOUNDATIONS FOR PRACTICE
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 lawyer’s 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 lawyer’s continued success over time;”
• “Not necessary at any point but advantageous to the lawyer’s 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.

FOUNDATIONS FOR PRACTICE 6
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 category—having 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 Cronbach’s alpha = 0.8963. Cronbach’s 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 Cronbach’s alpha (i.e., the closer to 1), the more confident we can be
that items within the category truly do measure the same construct.

7 FOUNDATIONS FOR PRACTICE
171
Communications
By and large, foundations in the Communications13 category were considered necessary in the short term by a
majority of respondents—with 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

Necessary in the Short Term Must be Acquired Advantageous but not Necessary Not Relevant
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 Cronbach’s alpha = 0.7159

FOUNDATIONS FOR PRACTICE 8
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 time—indicating that this ability is indeed needed, but not immediately out of law school.

Figure 3: Emotional and Interpersonal Intelligence Responses

Necessary in the Short Term Must be Acquired Advantageous but not Necessary Not Relevant
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%

14 Cronbach’s alpha = 0.7838

9 FOUNDATIONS FOR PRACTICE
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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 foundations—maintain a work-life balance, be visible in the office, have a personality that fits the firm—were
more often seen as needed either in the short term or over time.

Figure 4: Involvement and Community Service Responses

Necessary in the Short Term Must be Acquired Advantageous but not Necessary Not Relevant

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%

15 Cronbach’s alpha = 0.7735

FOUNDATIONS FOR PRACTICE 10
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 time—very 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

Necessary in the Short Term Must be Acquired Advantageous but not Necessary Not Relevant
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%

16 Cronbach’s alpha = 0.8537

11 FOUNDATIONS FOR PRACTICE
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

Necessary in the Short Term Must be Acquired Advantageous but not Necessary Not Relevant
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.
18 Cronbach’s alpha = 0.8726

FOUNDATIONS FOR PRACTICE 12
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.

19 Cronbach’s alpha = 0.7776

13 FOUNDATIONS FOR PRACTICE
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

Necessary in the Short Term Must be Acquired Advantageous but not Necessary Not Relevant
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%

20 Cronbach’s alpha = 0.7701

FOUNDATIONS FOR PRACTICE 14
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
Necessary in the Short Term Must be Acquired Advantageous but not Necessary Not Relevant
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%

21 Cronbach’s alpha = 0.8050

15 FOUNDATIONS FOR PRACTICE
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
Necessary in the Short Term Must be Acquired Advantageous but not Necessary Not Relevant

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%

22 Cronbach’s alpha = 0.8951

FOUNDATIONS FOR PRACTICE 16
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.

23 Cronbach’s alpha = 0.8224

17 FOUNDATIONS FOR PRACTICE
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

Necessary in the Short Term Must be Acquired Advantageous but not Necessary Not Relevant

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%

24 Cronbach’s alpha = 0.6883

FOUNDATIONS FOR PRACTICE 18
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

Necessary in the Short Term Must be Acquired Advantageous but not Necessary Not Relevant

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.
26 Cronbach’s alpha = 0.8732

19 FOUNDATIONS FOR 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

Necessary in the Short Term Must be Acquired Advantageous but not Necessary Not Relevant

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%

27 Cronbach’s alpha = 0.7656

FOUNDATIONS FOR PRACTICE 20
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%

28 Cronbach’s alpha = 0.7370

21 FOUNDATIONS FOR PRACTICE
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.

FOUNDATIONS FOR PRACTICE 22
186
Necessity and Urgency of Foundations
From a conceptual standpoint, the response options—“necessary in the short term,” “must be acquired over time,”
“advantageous but not necessary,” and “not relevant”—can 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

23 FOUNDATIONS FOR PRACTICE
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

FOUNDATIONS FOR PRACTICE 24
188
Urgency within Each Foundation Type
Although the foundations within each of the three foundation types—characteristics,
legal skills, and professional competencies—were 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 type—and 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

25 FOUNDATIONS FOR PRACTICE
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 competencies—in 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

FOUNDATIONS FOR PRACTICE 26
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 practice—and
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
67.0% Legal Skill Transactional Practice
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,
64.8% Legal Skill Transactional Practice
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

27 FOUNDATIONS FOR PRACTICE
191
The bottom line is that—overwhelmingly—professional 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.

FOUNDATIONS FOR PRACTICE 28
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, today’s new lawyers
must be whole lawyers—or, 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 term—or 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.

29 FOUNDATIONS FOR PRACTICE
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

Professional Competencies:
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.

FOUNDATIONS FOR PRACTICE 30
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%

Professional Competencies:
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%

31 FOUNDATIONS FOR PRACTICE
195
Characteristics:
Honor commitments 93.7% Show loyalty and dedication to the
firm or organization and its clients or
stakeholders 69.1%

Professional Competencies:
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%

FOUNDATIONS FOR PRACTICE 32
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

Professional Competencies:
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

Professional Competencies:
Learn and use relevant technologies effectively 58.1%
Transaction
Practice

Legal Skills:
Prepare client responses 50.7% Draft contracts and agreements
50.3%

33 FOUNDATIONS FOR PRACTICE
197
Professional Competencies:

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

Professional Competencies:
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%

FOUNDATIONS FOR PRACTICE 34
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 school’s 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]oday’s 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
Shavelson’s 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 found—the 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 Association’s
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.

35 FOUNDATIONS FOR PRACTICE
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 school—and
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 issues—are 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 Ass’n 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.

FOUNDATIONS FOR PRACTICE 36
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 applicant’s 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 criteria—law school attended, class rank, and law
law schools to review—that 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 hiring—from résumé review to
stage of hiring—from interview to offer.
résumé 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.

37 FOUNDATIONS FOR PRACTICE
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 lawyer—we 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 outcome—law school graduates who are ready to enter the profession—and 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.

FOUNDATIONS FOR PRACTICE 38
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 O’Donnell
Linda Klein– ABA; Baker Donelson
Keith Lee– Hamer Law Group
Paula Littlewood– NABE; ABA Task Force; Executive Director,
Washington State Bar Association
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

39 FOUNDATIONS FOR PRACTICE
203
Educating Tomorrow’s Lawyers Consortium Schools
Educating Tomorrow’s 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 Tomorrow’s Lawyers and to collaborate with schools, educators, lawyers, employers, and others
who are making a difference in the way we educate tomorrow’s 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

FOUNDATIONS FOR PRACTICE 40
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
Date: September 16, 2016
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.

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(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;

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(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:

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(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 Com·t under the Admission to Practice Rules, the rules fo1·
Enforcement of Lawyer Conduct, and the Disciplinary Rules for Limited P1·act icc
Officers, shall enjoy quasi judicial immunity if t he Supreme Court •.vould have
immunity in pm·forming 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,

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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

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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.

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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;

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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.

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(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
continuing legal education;

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

(12) Conduct examinations oflawyer, LLLT, and LPO trust accounts;

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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

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(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

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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
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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.

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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.

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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.

2

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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

3

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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

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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/ .

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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

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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

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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

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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.

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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.

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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
To: Board of Governors
Date: September 19, 2016
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.

Working Together to Champion Justice
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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

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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

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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.

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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

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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

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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
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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

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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.

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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

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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.

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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.

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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

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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}

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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

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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);

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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

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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
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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
must establish that the member is compliant with the MCLE
credits the member would have been required to report that
peliod.

2) Any member seeking to change to Active who was Suspended,
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
reported approved MCLE credits in a manner consistent with
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.

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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
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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

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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.

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IIL MEMBERSHIP

A. CLASSES OF MEMBERSHIPMEMBER LICENSE TYPES.

1. Members of the Washington State Bar consist of these types of licensed 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.

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.

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 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
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
fully qualified to vote, hold office and otherwise participate in the

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affairs of the Bar as provided in these Bylaws.

b. Active members may:

1) Engage in the practice oflaw consistent with the rules
governing their license type;

2) Be appointed to serve on any committee, 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 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;

2) Continue their affiliation with the Bar;

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

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 othe1w ise stated in the APR,
they are not required to earn or report MCLE credits while

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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.

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:

I) 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.

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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 pennitted 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 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

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

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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 detennining
accreditation for judicial continuing education courses will be accepted
as establishing compliance.

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:

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 (PBLAC) 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

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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 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:

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 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
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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.

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
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.

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

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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 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.

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
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.

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3) Any lawyer member seeking ~o 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 January 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.

l)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 fonn, all required
licensing forms, and any other required infonnation;

b) paying the then cun-ent 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

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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 determining 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 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
how long a member may be Emeritus Pro Bono before returning to Active status.

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.

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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
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
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.

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Effective January 1, 2012, a Judicial member wishing to transfer to Emeritus Pro
Bono status upon leaving service as a judicial officer who has failed in any year to
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.

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 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.

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

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admission. Persons admitted as a lawyer in one calendar year
in another state or territory of the United States or in the
District of Columbia by taking and passing a bar examination
in that state, territory, or distiict, 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 Armed
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 amrnal 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}

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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 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.

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 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

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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 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.

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 LPOs 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 of license fees or late-payment fees ;

2) Nonpayment of any mandatory assessment (including without
limitation the assessment for the Client Protection Fund);

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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 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.

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 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.

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

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coITect 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 cotTect 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
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;

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
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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 prior
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 period 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 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.

2) Any member seeking to change to Active who was Suspended,
or any combination of Suspended and Inactive, for six or more
consecutive years must establish that within the three years
prior to the return to Active status, the member has earned and
reported approved MCLE credits in a manner consistent with
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:

(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, c01mnunications 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.

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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 disbannent 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 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
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 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
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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 former 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 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

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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
responsible for the costs of any investigation, bar examination, or proceeding before the
Character and Fitness Board and the Washington Supreme Court.

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Ill MEMBERSHIP

A. CLASSES OF MEMBERSHIPMEMBER LICENSE TYPES.

1. Members of the Washington State Bar consist of these types of licensed 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.

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
license type. Upon payment of the Active annual license fee and
assessments required for the member's license type, compliance with
these Bylaws and Rules of thethe applicable Supreme Court rulesef

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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.

b. Active members may:

1) Fully eJ;ngage in the practice of law.; consistent with the rules
governing their license type;

2) Be appointed to serve on any committee, board, panel, council,
task force, or other Bar entity of the Bar;

3) Vote in Bar matters and hold office therein, as provided in
these Bylaws; and

4) Join WSBA Bar Sections 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.

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;

2) Continue their affiliation with the Bar;

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

5) Receive member benefits available to Inactive members.

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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.

3. Judicial. [Effective January 1, 2012]

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
courts ofrecord in the State of Washington, or the courts of the
United States, including Bankruptcy courts;

2) A current 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 courts of
the United States;

4) An administrative law judge, which shall beis 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

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(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 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.

c. Judicial members, whether serving as a judicial officer full-time or
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.

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;-aOO

3) May receive member benefits provided to Judicial members;
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
hold office therein.

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

2) must annually pay any required license fee that may be
established by the Bar, subject to approval by the Supreme

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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
within ten days of becoming ineligible for Judicial
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.

2) A Judicial member who has not annually complied with the
requirements to maintain eligibility to transfer to another
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
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.

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.

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Emeritus,l_Pro Bono members may-must not engage in the practice of law
except as pennitted 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,l_Pro Bono members are pennitted
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 \'SBA SBar sections, if permitted under the Section's bylaws;

c. Request a free subscription to the Bar's official publication"'"; and

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.

b_REGISTER OF MEMBERS.

1. All \'SBA Bar members, regardless of membership class, including judicial
Judicial members who wish to preserve eligibility to transfer to another
membership el-ass-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;

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:

a. physical residence address furnished by the member;

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b. principal office address, telephone number, and email address
furnished by the member;

c. physical street address of any resident agent for the member;

€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.

4. Any member who fails to provide the Bar with the information required to be
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.

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.

-1--,LTransfer from Inactive to Active.

a;l.LAn Inactive La•.vyer member or Inactive Honorary member may
transfer to Active by:

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-l-jfil_paying an application and/or investigation fee and completing
and submitting an application form, all required licensing
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
with the same license type, and paying any outstanding MCLE
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
MCLE reporting period;

~tl_passing a character and fitness review essentially equivalent to
that required of all applicants for admission to the Bar. .
pursuant to APR 20-24.3; and

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

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Conduct, to include proper handling of client funds and IOLTA
and other trust accounts, communications with clients, etc.; and

~hl_At least tlu·ee 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.

The member is required to pay the cost of the course. Any member
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.

Periods of administrative and/or disciplinary suspension occurring
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
any combination of Suspended and Inactive in Washington and not
engaged in the active practice oflaw 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 Uniform Bar Examination and the
Multistate Professional Responsibility Examination.

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.

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&.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
imposed under the Rules for Enforcement of Lawyer Conduct or other
applicable disciplinary rnlesby reason of any grievance or complaint.

±-:b.Transfer from Judicial to Active. [Effective January 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 hisf' or her affiliation with the W£BA
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
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;

Jj g_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
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

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

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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
service as a judicial officer who has failed in any year to provide the
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
how long a member may be Emeritus Pro Bono before returning to Active status.

4 LReferral to Character and Fitness Board.

All applications for readmission to Active membership status shall-will be
reviewed by W£BA 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.

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-9-: LCHANGE OF MEMBERSHIP CLASS STATUS TO INACTIVE.

1. LLLT members and LPO members may change their membership stah1s to
Inactive as provided in the applicable APR.

-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
pending grievance or proceeding against the member.

E: E_CHANGE OF MEMBERSHIP CLASS 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.

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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),
including payment of any required license fee, and passing a character and fitness
review.

Effective January 1, 2012, a Judicial member wishing to transfer to Emeritusl_Pro
Bono status upon leaving service as a judicial officer who has failed in any year to
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.

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. A-Unless otherwise provided in the APR, a member may
voluntarily resign from the Bar by submitting a written request for voluntary
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.

1) Effective 2010, and all subsequent years, the annual license
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

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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
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, 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
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
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.

b. Inactive Members.

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

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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
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)

Judicial members who wish to preserve eligibility to transfer to another
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.

3. Deadline and Late Payment Fee.

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

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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.

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
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.

6. License Fee Referendum.

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.

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.

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2. Disciplinary Suspension.

Suspensions ordered as a disciplinary sanction pursuant to the Rules for
Enforcement of Lawyer Conduct or equivalent rules for LPOs 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 of license fees or late-payment fees; APR 17

2) Nonpayment of any mandatory assessment (including without
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));

5) Failure to comply with mandatory continuing legal education
requirements (APR 11);

6) Nonpayment of child support (APR 17);

7) Failure to designate a resident agent or notify the Bar of change
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.

b. Unless requirement for hearing and/or notice of suspension are
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

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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.

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
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 sftall--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 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 .

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
€lass-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 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.

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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. A-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 €-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;

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

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.

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 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
member with the same license type. However, if the member
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.

2) Any member seeking to change to Active who was Suspended,
or any combination of Suspended and Inactive, for six or more
than six consecutive years must establish that within the tlrree

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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:

(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 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
elsewhere has changed significantly within the previous
10 years.

Any member completing such course shall-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 sfial.l-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.

~ ~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 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.

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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
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 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

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 sflall-will
be subject to character and fitness investigation and review as
described in APR 20-24]., 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:

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

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application in a manner consistent with the requirement for one
reporting period for an Active member of the same license
~' without including the credits that might otherwise be
available fur-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 Washington
Bafapplicable 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 former 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. 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
responsible for the costs of any investigation, bar examination, or proceeding before the
Character and Fitness Board and Board of Govemorsthe Washington Supreme Court.

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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.

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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.

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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.

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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

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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

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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.

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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.

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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,

b. the contribution of funds, or

c. participation or support to any degree in the candidate's campaign.

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.

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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.

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IV. GOVERNANCE

A. BOARD OF GOVERNORS.

The Board of Governors (BOG) is the governing body of the Bar that detennines 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 North
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 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.

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.

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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 a1ise 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 term, 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.

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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.
1. 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 performs
any other duties typically perf01med by an organization's President. The
President may vote only if the President's vote will affect the result. The
President must present a repo1i 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
perform 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
ensming that the BOG and officers are infonned about the finances of the Bar.

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The Treasurer will perform 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 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 te1minating Bar personnel,
(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 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)
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) ensuiing 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 term of office of each officer position is one year; however, the
Executive Director serves at the direction of the BOG and has an
annual performance 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
affirmative 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

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activities that bring discredit to the Bar.

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
no President-elect, then the BOG will elect such other person
as it may determine, with the Treasurer perfonning 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 term 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 forth 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 tenninating 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 Comi 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 Committee;
Awards Committee; Budget and Audit Committee; Legislative Committee;
Personnel Committee; and Diversity Committee.

2. The purpose of BOG co1mnittees, 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

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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 determines
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 Committee.

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 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
voting what position, if any, to adopt on the legislation on behalf of
the BOG.

3) The Committee may detennine that major or novel legislative
issues will be referred to the BOG for consideration.

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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 Committee'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 particular 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) participation or support to any degree in the candidate's
campaign, or the campaign on either side of the issue.

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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 family. This restriction
applies fully to prohibit:

a. the use of the Governor's, officer's, or Executive Director's name,

b. the contribution of funds, or

c. participation or support to any degree in the candidate's campaign.

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 pe1mitted 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.

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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 suppott 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 terms 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 autho1ity to propose amendments ,
to legislation or to adopt positions on amendments to legislation.

3. The Executive Director may communicate 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 co1mnunication to the Governor or the Attorney General of the State as
may be necessary to perfonn their job duties.

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IV. GOVERNANCE

A. BOARD OF GOVERNORS.

The Board of Governors (BOG) is the governing body of the W£BA which Bar that
dete1mines the general policies of the Bar and approves its budget each year.

1. Composition of the Board of Governors.

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 W£BA'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.

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.

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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.

1) Removal by the Board of Governors. Any Governor may be
removed from office for good cause by a 75% vote of the entire
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.

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.

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.

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2) If a vacancy occurs due to resignation, death, or the removal of
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.

B. OFFICERS OF THE BAR.
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

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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
President, or in the absence, inability, recusal, or refusal of the President to
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.
3. Immediate Past President.
The Immediate Past President performs such duties as may be assigned by the
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.
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 personnel,
(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 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

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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.

c. The tenn of office of each officer position is one year; however, the
Executive Director serves at the pleasure direction of the Board BOG
and has an annual 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
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.

1) Upon removal or resignation of the President, the President-
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.

2) Upon removal or resignation of the President-elect, or
ascendancy of the President-elect to the Presidency pursuant to
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

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these bylawsBylaws).

3) Upon disqualification, removal, or resignation of the
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.

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 cmmnittees whenever possible. If
a BOG committee is unable to reach a consensus, the committee will vote, in
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.

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

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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 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;

3) the President-elect; and

4) the Immediate Past 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.

3) The Committee may detennine that major or novel legislative
issues will be referred to the Board of GovemorsBOG for
consideration.

4) Any issues to be considered or actions taken by the Committee
sfla.l.l-must be promptly communicated to the Board of
GovemorsBOG by electronic delivery; and actions taken by the

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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
address issues that arise during a regular or special legislative
session, between meetings the Committee may discuss and vote on
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
may be held electronically.

D. POLITICAL ACTIVITY.

1. Board of Governors.
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.
c. The restriction applies fully to prohibit:
1) the use of the name or logo of the Washington State Bar
Association;
2) the contribution of funds, facility use, or Bar staff time;

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3) participation or support to any degree in the candidate's
campaign, or the campaign on either side of the issue.
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 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
possible after the meeting at which the final action is taken.

2. President and President-elect.

The President and President-elect sftal.l-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 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.

3. Governors, other Officers and Executive Director.

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:

a. the use of the Governor's, officer's, or Executive Director's name,

b. the contribution of funds, or

c. participation or support to any degree in the candidate's campaign.

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 BylawArticle, then that person shall-must

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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.

E. REPRESENTATION OF THE BAR.

Except as specifically set forth in these Bylaws, no committee, section, task force, or
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.

1. As the chief spokesperson of the Bar, the President has the authority to take
action to execute the policies established by the Board of GovemorsBOG, 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 communicate 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. \¥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.

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IV. GOVERNANCE

A. BOARD OF GOVERNORS.

The Board of Governors (BOG) is the governing body of the Bar that detennines 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 North
and South, and identified by postal zip codes as established by the Bar in
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.

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 , carries
out the mission of the Bar, and operates in accordance with the Bar's
Guiding P1inciples.

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.

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3. Term.

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 term 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 term, in the BOG's sole discretion
the position may remain vacant until the next regularly
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
"Election of Governors from Congressional Districts"
provisions of these Bylaws. The application period for any
such special election must be no less than 30 days and must, at

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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.

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.
1. 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 performs
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 perfonns the duties of the President at the request of the
President, or in the absence, inability, recusal, or refusal of the President to
perform those duties. The President-elect also perfonns 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 perfonns 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,

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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 dming their term.
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.
The Treasurer will perf01in 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 performs 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 tenninating Bar personnel,
(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 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)
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 Irmnediate 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.

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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
annual 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
affirmative vote of 75% of the entire BOG. Good cause for removal
includes, without limitation, incapacity to serve, serious or repeated
fai lures to meet the duties outlined in these Bylaws, or conduct or
activities that bring discredit to the Bar.

1) Upon removal or resignation of the President, the President-
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
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 term 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 forth 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 ofreceipt 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

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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 Committee;
Awards C01mnittee; Budget and Audit Committee; Legislative Committee;
Personnel Committee; and Diversity Committee.

2. The purpose of BOG c01mnittees, 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
which case voting members are as fo llows: 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
provide~ 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 Committee.

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

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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 determination in subsection (1) above is affirmative, then the
Committee will detennine 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 Committee may determine that major or novel legislative
issues will be referred to the BOG for consideration.

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 Committee'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 particular issue, the Committee will
take up that issue at its next scheduled C01mnittee 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:
l) The BOG first votes to determine whether the issue is
within the scope of GR 12.1; and

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2) If the BOG dete1mines that the matter is within the scope of
GR 12.1 , then the BOG will vote to detennine 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) paiiicipation or supp01i to any degree in the candidate' s
campaign, or the campaign on either side of the issue.
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 family. This restriction
applies fully to prohibit:

a. the use of the Governor's, officer's, or Executive Director's name,

b. the contribution of funds, or

c. participation or support to any degree in the candidate's campaign.

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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 permitted 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.

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 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.

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 terms 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 communicate with Bar members, the judiciary,
elected officials, and the cormnunity 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

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may be necessary to perform their job duties.

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IV. GOVERNANCE

A. BOARD OF GOVERNORS.

The Board of Governors (BOG) is the governing body of the Bar that detennines 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 North
and South, and identified by postal zip codes as established by the Bar in
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.

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 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.

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

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or compelling circumstance that prevent participation.

3. Tenn.

Governors will assume their duties at the close of the final regularly scheduled
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.

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 term, in the BOG's sole discretion
the position may remain vacant until the next regularly
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
"Election of Governors from Congressional Districts"

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provisions of these Bylaws. The application period for any
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.
5) If an Appointed Governor is removed due to recall and more
than 12 months remain in that Governor's term, 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.

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.
1. 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 performs
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 perfonns the duties of the President at the request of the
President, or in the absence, inability, recusal, or refusal of the President to
perform 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

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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.
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 tenninating Bar personnel,
(2) negotiating and executing contracts, (3) communicating with Bar members,
the judiciary, elected officials, and the c01mnunity at large regarding Bar matters,
(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)
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) perfonning 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 fi scal 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

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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 term of office of each officer position is one year; however, the
Executive Director serves at the direction of the BOG and has an
annual performance 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
affirmative 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
activities that bring discredit to the Bar.

1) Upon removal or resignation of the President, the President-
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
no President-elect, then the BOG will elect such other person
as it may determine, with the Treasurer perfonning 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 term 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 ofreceipt 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.

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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 Committee;
Awards Committee; 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 r:each a consensus, the committee will vote, in
which case voting members are as fo llows: 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 dete1mines
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 Committee.

c. Procedure: Consideration of legislation by the Committee proceeds in
the following order:

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1) The Co1mnittee first determines, 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 affinnative, then the
C01mnittee will detennine 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 Committee may detennine that major or novel legislative
issues will be referred to the BOG for consideration.

4) Any issues to be considered or actions taken by the C01mnittee
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 Committee' s unique need to be able to act quickly to
address issues that arise during a regular or special legislative
session, between meetings the C01mnittee may discuss and vote on
issues by email; however, if any Committee member objects to
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,
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 Co1mnittee may authorize. C01mnittee 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:

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1) The BOG first votes to detennine 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 detennine 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) participation or support to any degree in the candidate's
campaign, or the campaign on either side of the issue.
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 authmization to the Presiqent 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 conhibution 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 family. This restriction
applies fully to prohibit:

a. the use of the Governor's, officer's, or Executive Director's name,

b. the contribution of funds, or

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c. pa1ticipation or support to any degree in the candidate's campaign.

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 permitted 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.

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 supp01t 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 c01mnittee, section, task force, or
other Bar entity, or member thereof, member of the BOG, or officer or employee of the
Bar is 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.

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 terms 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 communicate with Bar members, the judiciary,
elected officials, and the c01mnunity 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

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thereof, before any legislative body, in any court, before any other hibunal or
in any communication to the Governor or the Attorney General of the State as
may be necessary to perform their job duties.

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IV. GOVERNANCE

A. BOARD OF GOVERNORS.

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.

1. Composition of the Board of Governors.

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.

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

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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.

[_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.

1) Removal by the Board of Governors. Any Governor may be
removed from office for good cause by a 75% vote of the entire
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
BOG by a recall by members, in accordance with the
procedures set forth in these Bylaws.

b. Response to a Vacancy.

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

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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.
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.

B. OFFICERS OF THE BAR.
The officers of the Bar sfta.l.l-consist of a President, President-elect, Immediate Past-

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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.
The President-elect perfonns the duties of the President at the request of the
President, or in the absence, inability, recusal, or refusal of the President to
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.
3. Immediate Past President.
The Immediate Past President performs such duties as may be assigned by the
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

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also perfonn§ such other duties as are assigned by the President or the Board of
GovemorsBOG.
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 personnel,
(2) negotiating and executing contracts, (3) c01mnunicating with Bar members,
the judiciary, elected officials, and the community at large regarding Bar matters,
(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.

c. The term of office of each officer position is one year; however, the
Executive D irector serves at the pleasure direction of the Board BOG
and has an annual performance 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 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

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these Bylaws, or conduct or activities that b1ing discredit to the Bar.

1) Upon removal or resignation of the President, the President-
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.

2) Upon removal or resignation of the President-elect, or
ascendancy of the President-elect to the Presidency pursuant to
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).

3) Upon disqualification, removal, or resignation of the
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;

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Legislative C01mnittee; 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
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.

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 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;

3) the President-elect; and

4) the Immediate Past 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

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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.

4) Any issues to be considered or actions taken by the Committee
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.

5) Due to the Committee'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 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
may be held electronically.

D. POLITICAL ACTIVITY.

1. Board of Governors.
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

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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.
c. The restriction applies fully to prohibit:
1) the use of the name or logo of the Washington State Bar
Association;
2) the contribution of funds, facility use, or Bar staff time;
3) participation or support to any degree in the candidate's
campaign, or the campaign on either side of the issue.
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 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
possible after the meeting at which the final action is taken.

2. President and President-elect.

The President and President-elect shall-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 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.

3. Governors, other Officers and Executive Director.

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:

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a. the use of the Governor's, officer's, or Executive Director's name,

b. the contribution of funds, or

c. participation or support to any degree in the candidate's campaign.

The term "immediate family" as used in this Article includes a sibling, parent,
spouse, domestic pa1iner, 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 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.

E. REPRESENTATION OF THE BAR.

Except as specifically set forth in these Bylaws, no committee, section, task force, or
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.

1. As the chief spokesperson of the Bar, the President has the authority to take
action to execute the policies established b y the Board of GovemorsBOG, 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 communicate with Bar m embers, 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

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from the BOG before doing so.

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.

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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

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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.

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359
CLEAN COPY (9/16/2016)

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.

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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.

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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,
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 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
members. However, if a Governor is appointed as a member of any Bar
entity, then he or she may vote in accordance with the terms 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
detennined 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

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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.

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 tenn.

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 detennine
to be consistent with its function or its charter or originating document.

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363
REDLINE CHANGES FROM FIRST READING

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.

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 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.

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364
REDLINE CHANGES FROM FIRST READING

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.

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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 'N£BA 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 W£BA 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:

a. have a defined scope that requires the active and continuing attention
of the Board of Governors (BOG)BOG;

b. further W£BA's the Bar's Guiding Principles and/or the purposes_Qf
the Bar outlined in GR 12General 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 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 W£BA committees, councils, and task forcesany 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 terms of the charter or
originating document for that entity.

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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.

a. Committee members, Chairs, and Vice Chairs must be Active
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
(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
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.

d. In the event of the resignation, death, or removal of the Chair or any
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, wit