This month, we asked a number of the King County Bar Association section chairs to provide us with their goals and aspirations for the New Year. Here are their hopes and dreams for 2008.
Appellate Practice Section
By Leonard Feldman
The purpose of the KCBA Appellate Practice Section — as stated in its by-laws — is to help appellate practitioners improve their practices with special emphasis on interacting with the King County Superior Court, Division I of the Washington Court of Appeals and the King County-based members of the Ninth Circuit Court of Appeals, all to assist those appellate practitioners in providing high quality legal services to their clients and advancing the development of the law and legitimacy of the legal system. The by-laws also indicate that the Section will sponsor and otherwise participate in educational and other activities relating to appellate practice.
Overthe last several months, the Section’s Executive Committee has worked hard to fulfill this purpose and achieve these goals. Our last few meetings have featured Supreme Court Clerk Ron Carpenter, Ninth Circuit Judge Jerome Farris and two individuals (Richard Lambe and Craig Dilworth) who work with lawyers and their clients to generate “corresponding CD-ROM briefs” under RAP 10.9. The Section also co-sponsored a CLE with the KCBA Appellate Practice Institute. The keynote speakers at the CLE — Washington Court of Appeals Judges Ann Schindler and Stephen Dwyer — discussed the court’s view of briefing and oral argument.
The Section’s primary “resolution” for 2008 is to continue to assist its members with all aspects of appellate practice: perfecting appeals, writing good briefs, presenting persuasive oral arguments, getting to know local judges and their staff, and networking with appellate lawyers in King County. We meet on the second Monday each month, and are currently planning meetings to discuss legal writing, “impact appeals” and other topics of interest to our members. We also intend to schedule another social with Division One judges and staff — an event that was favorably received last year by all who attended.
Finally, on behalf of the entire Executive Committee, we have further resolved to:
- be truthful and forthright,
- provide pro bono publico service to those in need,
- thank our stars … more often,
- count calorie intake, and
- change socks daily.
Also on behalf of the Executive Committee, happy holidays to all!
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ADR Section
By Adrienne Keith
I’d like to encourage you to make a New Year’s resolution to attend at least one more meeting. No, I’m not crazy … and I haven’t been drinking a little too much of the “special” egg nog, either. As we head into 2008, I encourage you to consider adding the Alternative Dispute Resolution (ADR) Section to your monthly calendar.
Our Section’s mission is to promote “the appropriate use of mediation, arbitration and other forms of alternative dispute resolution and address issues relating to the growth and development of ADR programs within King County.” Historically, our meetings have included activities such as lunchtime speakers and CLEs on topics related to ADR.
In the first part of 2008, we’ll be fortunate to host respected mediators Alan Alhadeff and Mickey Forbes on January 10, as they discuss their development as co-mediators. Our February 14 meeting will feature University of Washington Professor Alan Kirtley. And we’re exploring a collaboration with other local organizations to co-host Kenneth Cloke on March 13.
In addition to our traditional activities, we’ve recently found ourselves drawn to the questions of what we, as a section, can do to foster ADR in King County; how we can enhance ADR standards and professionalism; and what we can do to help ADR practitioners improve their skills. Having started asking questions, it’s time to get looking for answers. If you’re resolving to add two more meetings to your calendar, then come to our January meeting to get the details about a section subcommittee. The purpose of this subcommittee will be to delve deeper into how the Section can address these bigger questions. We’ll explore the feasibility of ideas, such as being a communication forum for dispute resolution professionals, working on a court-annexed mediation program or whatever other topics the group chooses to undertake.
If one more meeting is all you need, don’t fear: Our regular monthly meetings always feature an announcement time. That’s where you can get the update on many local ADR happenings. One excellent example of this is the “sneak preview” that the Section has had into the 2008 American Bar Association’s Dispute Resolution Section Conference, which is coming to Seattle from April 3-5.
Just not able to attend a meeting? Feel free to direct any questions to Section Chair Adrienne Keith, who can be reached at ak@keithlawandmediation.com.
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Bankruptcy Section
By Thomas S. Linde and Denice E. Moewes
Be careful what you wish for. That is the resolution of the KCBA Bankruptcy Section for 2008.
In 2005, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). BAPCPA constituted the biggest modification to the bankruptcy system in almost 30 years.
Every vibrant economy needs an efficient bankruptcy system to remain innovative and to prevent stagnation. The basic policy behind a bankruptcy system is to provide a safety net to encourage risk taking. The trick is to find the right balance between encouraging risk and rewarding failure. It’s a difficult balance, but one that had been working fairly well under the previous bankruptcy law.
In 2005, Congress decided to tamper with the safety net. The BAPCPA largely was written by the banking and credit card industry, which paid lobbyists a lot of money to stump for changes to the Bankruptcy Code. The substantial comments submitted to Congress in response to the legislation — largely by highly respected practitioners, law professors and judges — were mostly ignored.
The result is not necessarily having the consequences intended by its lobbyists. One of the law’s intentions was to make filing bankruptcy more difficult. This appears to have been accomplished at first. After October 17, 2005, the effective date of the amendments, bankruptcy filings fell to unprecedented low levels due to an incorrect perception that individuals could no longer file for bankruptcy. As the new law began to be applied by the courts, however, this perception began to change and filings increased substantially in 2007.
Now, two years later, some of the unintended consequences of BAPCPA also are becoming clear. One of the perceived “abuses” that Congress attempted to address (mostly in response to the lobbying efforts of the biggest credit card lenders) was that it was too easy to discharge credit card debt and write down car loans. Yet, recent news reports state that credit card and car loan delinquencies have significantly increased. We are also in the middle of the subprime mortgage crisis, with lenders reporting unprecedented losses in their collateralized mortgage loan portfolios.
A proposal to modify the Bankruptcy Code yet again to allow debtors to write down their mortgage loans to the value of their homes — generally referred to as lien stripping — is pending before Congress. This could prevent at least 500,000 foreclosures across the country and prevent a greater recession in the housing market that an influx of foreclosed inventory would create.
Lenders oppose the proposed change. If enacted, the number of chapter 13 filings could rise to unprecedented levels. One cannot help but wonder what the situation would be like without BAPCPA and its tampering with the safety net. Again, be careful what you wish for.
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Collaborative Law Section
By Holly Hohlbein and Loretta Story
While you’re making your New Year’s resolutions for 2008, why not resolve to give your negotiating skills a workout?
The newest section of the King County Bar Association, Collaborative Law, is focused on the cutting edge of conflict resolution. Collaborative law is a method of resolving disputes and making decisions through strategic cooperation, rather than litigation. Collaborative practitioners strive to find the most effective and best solution for everyone involved.
While collaborative law is most frequently used in family law, it has been used in other areas of civil practice, including employment law; probate/ guardianship; business and contract disputes; and medical malpractice, to name a few. It also can be effectively used in most personal or organizational conflicts.
Collaborative lawyers are trained and experienced in the very skills that make the best negotiators. A recent study of negotiating behavior shows that just being experienced, rational, confident and ethical is not enough.1 When a negotiator is focused only on her own client, she is less effective in negotiations.
Lawyers who are rated as the best negotiators are those who, in addition to being experienced, competent and ethical, are: adaptable; flexible; perceptive; empathetic; assertive; and good at facilitating agreement. These are exactly the qualities that collaborative lawyers specialize in.
How do you begin? First, check out the Web site for the KCBA Collaborative Law Section at http://www.kcba.org/Script/KCBA/membership/sections/COLLABORATIVE.cfm Content for valuable information on meetings, trainings and resource links about collaborative practice.
Join the Section and attend meetings to connect with other collaborative professionals and expand the practice of collaborative law. Find a topic or people that interest you and volunteer your talents for the Section. Read collaborative publications. Attend collaborative law training and become a collaborative practitioner.
Join one or more of the various online collaborative communities (“listservs”). Become a member of other collaborative organizations — there is a range of options from local practice “pods” to county-wide practice groups to international organizations.
Explore the possibilities! You might actually find yourself looking forward to your resolutions this year.
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Holly Hohlbein exclusively practices colla- borative law in Kirkland and is one of the co-chairs of the new KCBA Collaborative Law Section. She is vice president of King County Collaborative Law and a member of various collaborative organizations, including Eastside Collaborative Law and the International Academy of Collabor-ative Professionals. Hohlbein is a trainer, author and presenter on collaborative law and has 19 years’ experience in family law. She can be contacted via phone at 425-576-4194, by email at hollyh@hhattorney.com or via the Web at www.hhattorney.com.
Loretta Story has both a collaborative law and mediation practice in Bellevue. She is one of the co-chairs of the new KCBA Collaborative Law Section and is also a KCBA Board Trustee (Eastside representative). Story is a member of various collaborative organizations, including Eastside Collaborative Law, IACP and King County Collaborative Law (training committee). Story may be contacted at 425-688-1159; lstory@prklaw.com; or www.prklaw.com.
1 Andrea Kupfer Schneider, Nancy Mills, “What Family Lawyers Are Really Doing When They Negotiate,” Family Court Review 44 (4), 612–622 (2006).
Labor & Employment Section
By Amy Stephson
In an era that sees all too much acrimony between opposing attorneys, the KCBA Labor & Employment Law Section may be an anomaly: lawyers from all perspectives and sides of the aisle not only meet regularly, but have a good time.
The L&E Section began several decades ago as the Labor Law Section — exactly when is buried in someone’s files. Over time, a newfangled entity called “employment law” began to dominate the field and in the 1990s, the Section added “and Employment” to its name. So what exactly does the L&E Section do?
The Section’s main activity is organizing the annual two-day Pacific Coast Labor & Employment Law Conference (PCLELC), held in May or June each year. Section members representing the full spectrum of practice areas plan the conference. The result is a conference that addresses cutting-edge issues and features presentations by top national experts. The PCLELC celebrated its 40th anniversary in May 2007. The 2008 conference will be held on June 5 and 6.
The Section also administers two Mary Ellen Krug scholarship funds, named in memory of one of the founders and guiding lights of the PCLELC. Established in 1986 at the University of Washington School of Law, and later expanded to Seattle University School of Law, the funds provide scholarships to students showing an interest and aptitude in employment and labor law. Conference profits fund the endowments, which have been bolstered by a recent bequest from the estate of Krug’s late husband that will help fund new internships.
Starting this year, the Section began a mentorship program with law students at Seattle University. Under the program, lawyer-student pairs meet at least twice a year to discuss the student’s concerns and also keep in touch by email throughout the year. Last year, 13 students were paired with mentors. The feedback thus far has been only positive. Given last year’s success, the Section may expand the program this year.
Finally, the Section organizes one or two additional one-credit CLEs, including one ethics presentation. The presenter is often a local judge or expert in their field. Two years ago, a panel of lawyers representing different local sports teams discussed the labor and employment issues they face.
The Labor & Employment Law Section is always looking for new people, so we hope you will consider joining and becoming an active participant. Free food, networking with an interesting peer group, mentoring adoring law students and giving away money: What’s not to like?
To join, go to www.kcba.org. For more information, contact Amy Stephson at amystep@aol.com or 206-223-7215.
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Amy Stephson is a Seattle attorney whose employment law practice emphasizes conducting independent investigations of workplace complaints and providing harassment prevention training. She is the 2007-2008 chair of the Labor & Employment Law Section.
