The time has come,’ the Walrus said,
To talk of many things:
Of shoes — and ships — and sealing-
wax —
Of cabbages — and kings —
And why the sea is boiling hot —
And whether pigs have wings.’
I was surprised and delighted with the conversation, participants, Washington State Bar leadership and governors in attendance. This was the first among several “Listening Tour” sessions implemented by WSBA’s new president, executive director, and governors. The energy, earnestness, thoughtful issues, and apparent genuine receptivity were palpable. No grandstanding, but passion. Young and old with overlapping concerns and warm support. My only rant: I truly wish more folks had attended. For those who did not attend, I encourage you to share by way of WSBA survey or by email to bar leaders. And it might be helpful if you encourage or suggest that a program or service be added or cut, considering where the income to fund it could be obtained or what you think could be cut to provide it, as well as how it truly benefits our members and/or the public.
Some observations from the trenches of the Seattle downtown listening tour . . .
Senior Status. When an attorney decides to wind down their practice or retire, the expense of bar dues can become an encumbrance. But even more than that, it seems cruel and unusual to require attorneys to “voluntarily resign” from the bar in order to avoid paying these dues.
Professors, for example, obtain “emeritus” status and are allowed continued service to universities, based on mutual agreement and need. For senior attorneys licensed in Washington, there is about a 50% reduction in dues for becoming “inactive” or providing pro bono service. And there is a vehicle by which an attorney can exclusively provide pro bono services through an accredited pro bono modality and retain a pro bono license without paying dues. But if an attorney occasionally wants to help with bar committees, speak to groups, help high school mock court teams, be a mentor, help out at law schools, write for lawyer magazines or help and provide education good public relations for our community shouldn’t that count too?
And even if the formerly practicing attorney no longer wishes to be involved (or frankly can’t) with any bar-related or legal activities they should not have to turn in their bar membership via voluntary resignation and be “ghosted,” so to speak.
When I was an active Washington attorney, I remember years ago switching to “inactive membership in the California Bar” because I realized I likely would not practice there again, and my financial circumstances changed. I added up the years of inactive membership I had paid for and reluctantly voluntarily resigned for budget reasons. When I received the very formal rescission paperwork from the California Bar Association and later saw my name listed in the Calif Bar Magazine under “voluntarily resigned,” my heart felt heavy. Like a part of my identity was stripped. It was still a vital part of my identity and history and I felt a sense of shame.
This week I heard from another WSBA member who retained his inactive California membership and having happily reached the esteemed age of 70, he received a wonderful birthday gift: the California Bar was keeping him in the fold but he no longer had to pay dues. Let’s hop on this bus, Gus, and best California.
There is an active, bright, wise, experienced set of WSBA members who are retired, partially retired, or even still practicing. And there is a vital Senior Lawyers section that welcomes them.
Personally, I’d encourage the Young/New Lawyers Section and Senior Section to have designated liaisons serving on each of their committees to see how the cross generational ideas and energies could beget projects and mentorships.
I’d also encourage the WSBA to schedule time with that senior section and mutually develop opportunities where their energy, passion, and wisdom could be harnessed to benefit both the public and the bar. What wonderful ambassadors they would be to promote public goodwill and knowledge about what attorneys provide; whether at fora, by writing guest essays/op eds in local papers, or in student classrooms (youth up through law school). There are endless opportunities.
Dues. WSBA has kept bar dues steady for some time. But, given inflation, it now takes more than ever simply to sustain. More important is for the bar to expand the services it provides, and really meet its members’ expectations. By having programs and services that meet membership needs, we could reasonably consider a modest increase in dues, and feel good about where that increase is going.
It’s time to consider a staggered or tiered system for bar dues. Those whose earnings aren’t in line with large firms, should pay a more proportionate dues rate. And perhaps it really should be based on income/salary and not the type of law (public service, private, large firm /small firm) practiced.
To minimize the administrative encumbrance this could impose, perhaps it should be a confidential question we respond to on our application listing our income/salary (which can’t be used for any other purposes). The idea is that those in a better position to pay, pay more, and those who earn less, pay less, and allows for circumstances and income to change.
Mock Courts. A Seattle Public School mock court trial team coach lamented that it might be time for the bar to provide more support for high school mock court teams, in addition to what the current sponsor, the YMCA, already does. This could be as simple as allowing for adequate CLE credits for lawyers who participate or recruit others to volunteer and act as mock jurors, provide critiques, coach, etc. Having years ago co-coached Franklin High during its nationally-ranked years, and having helped the Jefferson Community Mock Court trial team, I would like to see more attorneys provide the support these students need. I’m looking at you, young and senior WSBA sections.
Access to Justice. More can and should be done to provide access to justice for those who can’t afford civil legal help. But where and how to get those funds from the state and federal legislatures and how to increase pro bono participation is the challenge, or, call to duty.
Wouldn’t it be meaningful to see a billboard or bus poster explaining where the public can access legal aid rather than the ubiquity of ambulance chasing? Wouldn’t it be swell if at the beginning of every CLE, request is made for volunteers where the participants can quickly text a response of interest, before the seminar starts? What if every section or committee picked a pro bono project that they would like to help with /sponsor/ be involved with? And how can we get more folks aware of the no fee, and low fee legal services that are available?
The critical need and lack of legal resources and lawyers for more remote areas was also noted as a priority, as well the outrageous costs for a law school education, and how to increase and better use paralegals and, perhaps, limited license professionals. And what about the negative optics of having judges granted certain type of awards by the bar, given the increased concern and scrutiny of certain Supreme Court Justices?
But when all was said and done, the folks in the room (including yours truly) seemed energized, not exhausted. Pardon my curmudgeonly cynicism, but perhaps this coming year at the bar won’t feel like groundhog day or a hamster wheel.
Food for thought, so to speak.
Michael Goldenkranz is a retired lawyer and former member of a health care executive team. He has enjoyed volunteering at KCBA’s Neighborhood Legal Clinics almost weekly for two decades and banging the drum for Access to Justice. He is grateful for the lawyers and doctors who have made a difference in his own and family members’ lives.
