October 2013 Bar Bulletin
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Business of the Board

Suggested RPC and Local Rule Amendments Approved



The following are highlights from the KCBA Board of Trustees' meetings held on July 17 and August 21, convened by KCBA President Anne Daly.

The Board, with eight new members, met for a half-day retreat on July 17 to build relationships and discuss three areas of growing importance to the bar.

The first area focused on the value that KCBA membership provides attorneys. The second considered the need to identify future leaders in a more ongoing way than currently happens. The last area considered outdated technology challenges. After extensive discussions, Daly noted that the Executive Committee would condense the discussion notes into a draft action plan for further consideration at the August board meeting.

At the Board's regular August meeting, Daly began with a brief update on her recent visit to Olympia with Executive Director Andrew Prazuch, where they had meetings with Director of Civil Legal Aid Jim Bamberger; Nicholas Brown, general counsel to the governor; Attorney General Bob Ferguson; and Washington Supreme Court Chief Justice Barbara Madsen to discuss various bar initiatives planned for the months ahead.

Prazuch reported that KCBA will be working with the Supreme Court to pilot test a County Bar Lobby Day this winter to raise awareness for court funding. He further noted that the latest membership renewal data are on track with past years, even with the recent dues increase in effect, and that Carl Forsberg has agreed to chair the Judicial Officer Survey Committee. He also updated the trustees on several personnel changes.

The Board then adopted two annual housekeeping resolutions. The first restates the bar's commitment to its pro bono programs and the second updated the roster of trustees for the Association's 401k Advisory Board that oversees the staff retirement plan. Both resolutions were approved by voice vote.

Past President Mark Fordham, chair of the ad hoc committee on I-502 ethics issues, reviewed his committee's discussions about the challenges presented by the current RPCs when there is a conflict between state and federal law, specifically in the case of marijuana regulation. His committee reviewed a proposal to address this concern that closely followed a similar analysis done by the Colorado State Bar Association.

After considerable discussion, the trustees voted to recommend that the Supreme Court adopt a new Rule of Professional Conduct 8.6 concerning representation issues. The trustees requested that the ad hoc committee return at the next meeting to continue the discussion on additional issues related to personal misconduct in the current RPC 8.4.

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