W LD. Turning a Solo Practice into a Partnership (Wink, Wink) Romance in law school and the legal profession. In This Issue.

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1 FEBRUARY 2011 y W LD Washington State Bar Association Turning a Solo Practice into a Partnership (Wink, Wink) Romance in law school and the legal profession by Randy Trick 1 4 YOUNG LAWYERS DIVISION Volume 24 Issue 6 In This Issue Romance in Law School and the Legal Profession by Randy Trick Editor s Column by Allison Peryea came to law school I single and ready to be surrounded by smart, ambitious, and single women. But I soon realized that about half of the female students were married, engaged, or had serious boyfriends. I suppose that if you have your act together enough to get into law school, you probably have your act together enough to find a romantic partner. Law students are attractive on several levels: strong, career-driven, intellectual, similar [future] income, says Ryan Blumberg, a first-year student at Seattle University School of Law. They can commit to something. They aren t flaky. Whether here, in law school, or as a lawyer, those are the [attractive] traits that are part of dating. It seems natural for lawyers and law students to be drawn to each other. We speak a common language. We value truth and justice. We are educated to a point where we are valued basically for our brains and the thoughts contained therein. We are strong. We are powerful. And we are always right, especially when there are different kinds of being right. We are trained to evaluate any fact or feeling from each possible angle, parse it, peruse, and reach conclusions about it. Yet that is precisely how to kill a relationship, or stifle one from the beginning. Those legal practitioners fortunate enough to have successfully negotiated dating and relationships and ultimately marriage show the rest of us it is possible for driven, smart people to find true love. But such an accomplishment requires patience, humility, and acceptance that someone else may be the smartest person in the room three traits that are often hard to come by in those who practice law. The profession attracts Type-A personalities, says Jenny Faubion, a litigation associate at Ashbaugh Beal LLP in Seattle. For a lawyer-lawyer relationship to work, both partners have to be comfortable not talking all the time, and being okay with not being right, even when they know they are. Faubion graduated from the University of Washington School of Law in She began dating Amit Ranade from the UW Law Class of 2003 when she was a third-year law student. Both served as UW student regent. In fact, when she was a UW undergraduate student active in student government, Fabian helped pass a resolution censuring Ranade for a vote he cast as the independent student regent in favor of an energy surcharge. That s how she first knew of Ranade. A few years later, when Ranade vol President s Column by Kari Petrasek Member Spotlight: Chris Kringel Effective Pre-trial Motions: Persuading the Judge by Maureen Howard Communicating Between Generations by Lisa Voso Estate Planning for Younger Clients by Stacey L. Romberg Laptop Sherlock by Linda Montgomery and Aimee Rachunok Counsel over Cocktails? by Trent M. Latta Is Superior Court Always Superior? by Allison Moon How to Make Your Colleagues Fall for You (Platonically Speaking) at the Office by Peter Roberts More Young Lawyers Turning to Pro Bono by Mercedes Riggs Managing Client Funds with an IOLTA by Lainie Patterson Foreign Concept: Exploring Working Abroad by Arundel Pritchett Santa Fe Hosts ABA YLD Fall Conference by Julia A. Bahner Legal Fiction: The Social Network Fails Civ Pro Exam by Eric Chavez 1

2 unteered to judge a mock trial event at the UW, he officially met Faubion. According to Faubion, she knew by the end of the competition he would be asking her out, despite her earlier efforts to censure him. Their tale certainly makes for an interesting how-we-met story. Now married, their relationship works, they say, because it is based on more than just their shared profession. Being lawyers is such a small part of who we are, Ranade says. It s the breadth of the experiences that we share. Of the day, maybe half an hour of it we talk about the law. But Ranade, a litigator at Hillis Clark Martin & Peterson P.S., and Faubion say if they did not love their jobs, their relationship would likely suffer some of the same typical stresses that come from high-pressure, time-intensive careers. One thing about lawyer couples: you have to like what you do, Ranade says. It s going to come up a lot, and if you don t like what you do, it s going to be something you don t want to talk about. Because they both enjoy their jobs, it makes sacrificing their time easier. The workload is a stress on some people s relationships, Ranade says. I think it is less stress because when I am working through the weekend, she understands. Because soon it will be my turn, says Faubian, completing his thought. I married someone who is a lawyer. I think my successes and losses are felt better by him, and vice versa, than if I were married to a non-lawyer. When he wins a big case, I know exactly how hard he worked for it. For Josh Gaul and Holly Vance, both members of the UW Law Class of 2005, working together at K&L Gates LLP makes their marriage much easier. It s advantageous to us, says Gaul. Once you start practicing you don t have a lot of time together. But we work together, drive to work together, take our daughter to Dating tips for attorneys attempt at your own risk Don t be scared of the Internet. Americans spent an estimated $900 million in 2010 on memberships to online-dating sites, and dating site Match.com proudly claims that one in five relationships start online. Online dating is popular because it works. But as you create your online profile, remember that others in your firm, or your office, are likely to see it, either on purpose or by accident. Keep an eye out at networking events. You had to meet people to get your job. You had to impress people and be charming. Gosh, that kind of sounds like dating. What is networking other than dating without the romantic subtext? The magic words are: Would you like to get a drink after this? Get out of the office. Engage in a hobby that involves collaboration or has a community of enthusiasts. Seattle Works, for example, features short-term volunteer projects for busy professionals (www.seattleworks.org). Not only will you be able to meet people who are not attorneys, but they may well be impressed that you give time for service work despite a lawyer s busy schedule. Don t confuse confidence with arrogance. A law degree can rightfully give us confidence. In men, confidence is sexy. But a first or second date does not need to become a bragging session about money or trial work. For women, confidence is sexy too, but not all men are mature enough to handle it. One woman suggested to her fellow females in the legal profession to simply say that you work at a law firm when first introducing yourself to a dating prospect. Seeing what he asks next, or whether he cares to ask what you do at the firm, may be a good indication of how he may handle your confidence. Come in from work before going out. After a long day at work, we may not look our best and may need to put some space between brief-writing time and social time. Hit the gym first, watch something online that makes you laugh, or listen to some pump-up music as you primp for a date. Don t confuse business with pleasure. The Rules of Professional Conduct prohibit certain kinds of conduct with clients, and trying to be impressive with tales of intrigue spun about your exciting job representing or prosecuting bad guys may breach the duties of client confidentiality. daycare together, and come home together. Working together makes it easier to fall into the trap of blurring work-personal life boundaries and bringing work and its stresses home, they say, but the firm helps its attorneys avoid that trap. And attorney spouses can understand the complexities of a lawyer s busy life. Realize that this is a profession, not just a job, Gaul says. Finding someone who understands that is so important. Just as important is finding someone who understands what makes a good lawyer, but also when those skills need to be turned off. They should understand that arguing is your job, and that s fine, but you can t act that way when you re at home, Vance says. While the practice of law is timeconsuming, learning to be a lawyer can similarly leave little time for much else let alone anyone else. But dating in law school can be easier than as a professional. Single students know they are surrounded by people who share at least one thing in common with them. Supposedly dating someone is like taking on another five-credit course, says Arcadia Corbett, a second-year law student at Seattle University. Even if that s not exactly true, I think there is some truth to that. You have to make time. But unlike dating an attorney at a different firm, or one you re only likely to bump into at a courthouse, a law school combines constant proximity with competition and a shared feeling of struggle and endurance. And there is never enough time. If you re seeing somebody and they do not go to law school, it is hard to say I need to spend the next X hours studying, or I can t see you tonight because I have to study, says Marcus Cannon, also a Seattle University second-year law student. When the person you re dating is a law student, you don t really have a chance to spend a lot of quality time together. I need time to myself, to play video games and relax, and I want to have quality time, but all my time is taken already. Cannon and Roberta Bobby Chien or Bobcus, as they came to be known met in summer 2009 during a summer criminal law class for 1Ls. They socialized with classmates, and one evening Cannon sneaked a kiss when a friend was taking their photograph by turning his face toward Chien s right before the flash fired. Since then, Bobcus has been on-again and off-again three times. We have, like, four different anniversaries, Chien says. 2

3 Top Ten Lawyer Pick-up Lines 10) Interested in a de novo review? 9) There s always room on my docket for someone with motions like yours. 8) You know what my favorite word is? Prosecutrix. 7) When I first saw you, I knew there was no way you could wrongfully obtain or exert unauthorized control over my heart with the intent of permanently depriving me of the benefits thereof. 6) You say litigious like it s a bad thing. (See also, No, I m not one of those lawyers. ) 5) What you call a one-night stand, I call pro hac vice. 4) Saint Peter must surely be violating 29 CFR concerning minimum guardrail standards, because you clearly fell from heaven. 3) Your skirt is like my last brief: long enough to cover the subject, but short enough to keep things interesting. 2) I d say that, given our minimum contacts, it would be a reasonable expectation to be hailed into one of our jurisdictions by the end of the evening. 1) I d like to move for a continuance of this evening, perhaps to chambers? As a result of their romantic link, Bobcus became the Tomkat or Brangelina of the Seattle University Law first-year class last year. Facebook became their US Weekly or Entertainment Tonight, and cellphone cameras at bars were their paparazzi. I didn t realize how big a deal our relationship was, Chien says. The Bobcus experience influenced other Seattle University Law couples. When I was thinking about whether to get in a relationship, I decided absolutely not, not with Bobby and Marcus and all the drama and people talking about that, says Lindsey Millar, also a second-year law student at Seattle University. Yet, Millar and Blumberg found themselves dating, even though both had been told and, at one time, each believed that dating other students is a mistake, especially dating within your year, and especially within your section. When Lindsey and I started dating, we sort of clicked, and it was an opportunity seized, says Blumberg. Other things about law school did not turn out as we were told they would. The pair split later that semester. Both say that the fact they were law students did not factor into the relationship s end; the two just had different personalities. But while dating someone you see every day anyway makes spending times together easier, the constant proximity compounds the delicateness of a breakup. Breaking up with him was a big deal because I knew I was going to have to see him in every class, Millar says. That s something to think about if things go wrong. They said their experience taught them at least one way to handle future relationships in a setting like law school: There s going to be gossip after a breakup, and responding to it only gets worse, Blumberg says. Millar agrees. Law school is very unique with regard to relationship drama because it s so tiny, she says. I think even more so at a firm. To start dating someone at a firm is very dangerous. Brooke Coleman, an assistant professor of law at Seattle University, taught civil procedure to Blumberg and Millar while they dated and broke up. Coleman says that, just as students rarely picture professors leading lives outside of academia, as a professor she recognizes that her students have personal lives but has no concept of what those lives entail. She did not know about Blumberg and Millar s relationship, for example. But learning that her students are dating and forming relationships is not a surprise to her. Coleman and her husband, Mark Liffmann, are one of ten or so couples from the Harvard Law School Class of 1999 who married. They noticed each other their first semester. By November he asked her out, and the couple kept a low profile for the rest of their first year. If you have that character trait of an analytical mind, I could see how you could be attracted to that, but I also see how you would want to get a break from that, Coleman says. Their relationship worked in law school, Coleman explains, because being in the same section of 130 students let them spend a lot of time together. She says their personalities also strongly complement each other. He s a really tranquil and confident person, she says, which made the pressures of law school easier to endure together. But once practicing, the proximity did 3 not have the same productive effect. In practice, it was boring, because we knew the same people and did the same stuff, Coleman says. I loved it when he left law and went into business. Unlike Vance and Gaul, or Ranade and Faubion, Coleman and Liffmann faced and navigated changes in profession. Coleman sought academia and Liffmann went into business. They moved across the country. She says that making the transitions work well required a lot of communication. When you re two professionals, you have two careers to plan around. It needs to be talked about early and often, Coleman advises. Notably, law students discussing relationships seem to focus on making time, proximity, and having someone who can relate to the ordeal of law school as factors in successful and failed relationships. Yet, happily coupled attorneys suggest the key factor is just meeting someone with whom one is compatible. Dating is hard enough; doing so as an attorney is harder. I know a good friend of mine who is single, and it s exhausting [for him], says Faubion. The women who are after him are after him for the status, for the lawyer, not for him. As a female attorney it was difficult to date men who were not confident because they seemed threatened. To date successfully as a lawyer, equip yourself with a life outside the law. While the practice of law is a profession, rather than a job, and can be consuming, it should not be defining, Ranade says. Having something important in your life other than the law provides balance. Also useful is having a short speech an elevator spiel prepared to explain to nonlawyers so they know what your job entails and why you do it. Ranade and Faubion have some other dating advice for lawyers and law students: Count to ten before you speak; have no more than two drinks on a date, Faubion advises. Be open; lawyers can be really judgmental. Know when to stop talking That is what the counting to ten is for, Ranade cuts in. Randy Trick is a second-year student at Seattle University School of Law. He knows he painted this article with broad brushstrokes and leans heavily on stereotypes. If you want to argue with him about anything in this article, how about doing so over dinner and drinks? He may be reached at edu. He is single and rides a motorcycle!

4 Editor s Column Where s the Love? by Allison Peryea The month of February, and the Hallmark people, provide us with a date the 14th to celebrate romantic love. We do not, however, get a specific day to toast our love for our profession. And let s be honest if such a day existed, a lot of us would probably want to punch it in the face. According to some scientific research I gathered (i.e., what a fellow UW Law grad told me at a bar), there are a lot of young attorneys out there who would rather floss with barbed wire than go to work in the morning. There are also a lot of us (for example, the hilarious subject of this issue s WYLD Member Spotlight, found on page 6) who are openly questioning whether having a law license is all that it s cut out to be, given the debt load that follows law school and the stingy job market. Young lawyers seem to approach their early careers the same way some people look ahead to Valentine s Day. Some do flips of joy in anticipation, eager for the opportunity to lavish their significant others with gifts of overpriced dinners out, carnation bouquets, and stuffed monkeys with semi-creepy slogans like Prisoner of Love on their little monkey T-shirts. Others just go through the motions, lamenting all the while that the event was conjured up to line the pockets of the greeting-card and chocolate-box bigwigs. Still others dread the date like a visit from the Adult-Onset Acne Fairy. Similarly, less-experienced attorneys tend to rave about, put up with, or loathe their jobs and that s not even including the unemployed lawyers who simply wish they had a job to show off, complain about, or endure. I have had both positive and negative experiences in the Valentine s Day department (think weekend in the San Juan Islands versus receiving a calendar that was already a month-and-a-half expired, clearly excavated from the Walgreens clearance bin). And, despite several high points, my experience as an attorney has not been all chocolate and roses. Indeed, if the practice of law was a boyfriend, I would have dumped it a long time ago. Nothing and no one has ever made me stay up more nights with worry, feel more suspicious and paranoid, or caused me to crave the company of alcohol to the same extent. But despite a list of negatives in our relationship I have never kicked it to the curb (a guy who marched me through an even remotely similar parade of horribles would never fare so well). The urge to flee the scene comes up at times when I am dealing with an opposing party who seems to be more interested in driving me crazy than resolving the issues. Or when I have bad news to tell a client or when a client is bad news. Or when it starts to seem like I am spending more time documenting my billable time than actually billing time. I have stuck with the practice of law because it has stuck with me: showing me that I can survive and sometimes even excel in circumstances that have threatened to overwhelm me. Very recently, for example, my arbitration-preparation efforts (which included daunting tasks such as drafting a 54-page brief with 90 exhibits and showing up to work on time for a whole week) were rewarded with a decision that provided my clients with every penny they requested. It was a great milestone in the sanity-challenging case, which was like having to carry around an ugly, squalling baby for two months without ever being able to put it down. In fact, it seems that whenever I am leaning toward hanging up my court-appropriate, low-heeled pumps, I get a reminder of why this profession can be so fantastic. It can take the form of a decent settlement for a deserving client, or a well-received argument before a judge, or the discovery of a perfectly on-point case to dismantle an opponent s claim. Or a paycheck that exists. I know I am not the only young attorney who does not always love the practice of law. It can be tedious, and stressful, and it can be really, really hard. Sometimes I feel like I am paid to wallow in confusion. But I think the best way to approach our careers and, indeed, Valentine s Day, and love in general is to accept that there are going to be both highs and lows, and times when it seems like we are just going through the motions. And during the low points, we can always take the edge off with a bottle of white wine and the company of a special someone. I know I am much happier when I have a better 4 half to regale with thrilling tales about contract interpretation and discovery disputes. (I also know that dating an attorney has enriched the lives of all of my past and present boyfriends, who my dad collectively refers to as Poor Chump. ) If you are in the market for a significant other, please refer to Randy Trick s dating tips on this issue s cover page, or ask Randy out. I will close with a quick update about the (non-feline) love of my life yep, De Novo. In the December issue we rolled out our newest regular feature, the WYLD Member Spotlight, in which we profile randomly selected members of the WYLD. This feature is my new Favorite Thing (my old Favorite Thing was accidentally killing houseplants): it really showcases the diverse experiences and personalities of Washington s newer lawyers. I have been especially intrigued by the subjects forthright descriptions of how the economic climate has affected them, and the exotic pets they would prefer. Also in December, we introduced the ability to click on links to individual stories on De Novo s homepage (www.wsba.org/media/publications/ denovo) instead of having to scroll down the PDF. This may sound like a mundane accomplishment for the high-tech crowd, but for De Novo, this is a technological breakthrough of epic proportions. And beginning with this issue, website addresses included in the PDF are clickable, allowing readers to go directly to external webpages from De Novo. We have many other plans in the works to make De Novo even better (I know what you re thinking: is that even possible?). These include but are certainly not limited to an upcoming theme issue focusing on WYLD s 25th anniversary, and additional tweaks to the homepage that I don t yet understand. Stay tuned. XOXO, Allison Allison Peryea is an associate with Leahy McLean Fjelstad, located in Kirkland, which provides general counsel to community associations. She can be reached at leahyps.com.

5 President s Column Decent Exposure by Kari Petrasek You have passed the bar exam, and now you need a job. Or perhaps you have a job but would like to be noticed more. What can you do without being obnoxious? There are many ways you can increase your presence in the legal community; however, which way is best for you? Probably the easiest way to become noticed is by attending local and state bar association events. In Snohomish County, where I practice, our county bar association hosts at least one bench/bar mixer each year. Members of the county bar and the county judges and commissioners are invited to attend. It is a free event and a great way to get to know other attorneys in the area, as well as the judges you will someday if you do not already appear in front of, and a great way to attract potential referrals. In addition, the WYLD tries to have at least one networking social each month, with other events throughout the year, such as outings to Seahawks, Mariners, or Sounders games combined with a postgame social. This WYLD year, socials across the entire There are many ways a person can increase her presence in the legal community; which way is best for you? Probably the easiest way to become noticed is by attending local and state bar association events. state are scheduled to be co-hosted by a WSBA section and the WYLD. Other local bar associations do their own networking events; keep your eyes and ears open for events in your area. If you attend social events on a fairly regular basis, you will start to get noticed. For those who enjoy writing, that, too, is a great way for people to start noticing you. If you have never submitted an article to a legal publication before, the thought of doing so can be scary. However, if you start small, eventually writing a longer article will not be so difficult. There are many legal publications that accept articles: your local bar publication; this publication, De Novo; the WSBA Bar News; and national publications such as those produced by the American Bar Association. In particular, De Novo always welcomes material from young lawyers. You are always invited to submit articles of personal interest to you that you think other people would enjoy reading. To submit an article to De Novo, you can editor Allison Peryea at leahyps.com. For those of you who want to conquer stage fright, consider volunteering your time for speaking engagements. The most popular way to find an audience is to be a presenter for a CLE. When local bar associations put together a CLE for their members, they often look to their members to speak. This relates back to the first way to get noticed mentioned above networking. It also does not hurt to get to know the executive director or president of your local bar association. Let him or her know who you are, that you are open to speaking engagements, and what types of topics you would like to address during such engagements. If you are interested in presenting at a WSBA CLE, get involved in a WSBA section that interests you, and network. If you get to know people and demonstrate knowledge in a particular area and an interest in presenting on that topic, people will think of you when a possible CLE speaking opportunity arises. Other tips to help you get noticed without embarrassing yourself: be able to connect with people who you otherwise may be scared to talk to. Remember that not all things that are memorable leave a good impression. Particularly in smaller legal communities outside of King County, this is very true. If you act in an unprofessional manner at an event or in the courtroom, your actions could become memorable but not for the right reason. It is nearly impossible to try and undo what has already transpired. To avoid damaging your reputation, try to visualize what you want or anticipate happening ahead of time, so that when the event or hearing actually takes place, you are prepared. It is always good to stand out; however, be relaxed and confident, not egotistical. And finally, in this electronic era, do not forget that your online presence is very important. Many potential employers now look for job candidates profiles on social networking sites such as Facebook and Twitter to see what you post and whether you might potentially embarrass them if you became an employee. Some do so before offering you an interview, while others check before offering you a job. So do not post anything online that you would not want a potential employer to see. However you decide to become noticed, use common sense. I wish you the best of luck! Kari Petrasek is the WYLD president. She is an attorney at Carson Law Group, P.S. in Everett, and can be reached at 5

6 Member Spotlight Chris Kringel Chris Kringel lives in Woodinville. He recently moved back to Washington after having lived in Fort Lauderdale, Florida, with his girlfriend while she was completing her residency in orthodontics. He grew up in Olympia and attended Washington State University as an undergraduate and Case Western Reserve University in Ohio for law school. He worked at an insurance defense firm in Florida before returning to this state, where he is looking for a new position. He currently practices pro bono immigration law as a solo practitioner. He can be reached at 1. I became a lawyer because I had to do something with that $100,000+ law degree. 2. I am most proud of not giving up. I wish I were one of those brilliant people who always succeed at whatever they do, but although I ve made some good choices, I ve also made some bad ones and have let people down. It s not easy to fail, pick yourself up, and try again, but I m proud that I didn t stay down. 3. During my free time I look for jobs, do pro bono work, clip coupons, try to find ways to save and/or earn money, exercise, watch TV, read, and explore my new neighborhood. In the near future, I d like to get my pilot s license, learn how to scuba and skydive, as well as get back into sailing, learning foreign languages, playing the piano, cycling, hiking, and camping. 4. Exotic animal laws aside, my dream pet would be a pygmy goat. They are awesome! I would teach it to ram people on command. 5. Nobody would ever suspect that I was a cheerleader at WSU for a year. And that I really am Santa Claus. 6. The best advice I have for young lawyers is to use this time wisely. Whether you re looking for work or buried with it, study the Rules of Civil Procedure (know them backward and forward), learn the law, keep in touch with your lender and make sure you know what s going on with your loans, and don t be afraid to ask for help, either professionally or financially. Also, don t neglect your nonlegal side read a book, exercise, learn something not law-related; you never know where it will lead. 7. All-time favorite TV shows: A toss-up between South Park and Law & Order. 8. The best thing about where I live is that it s close to lots of wineries. Wine may be my absolute favorite thing. Ever. 9. I care about the earth, humanity, and freedom. And making money. Lots and lots of money. 10. If $100,000 fell into my lap, I would be depressed that it s still not enough to get me out of my student loan debt, but then I would cheer up when I realized that it would be enough to get me to a country without extradition where I could live without worrying about repaying those loans. 11. Friends would describe me as indescribable. 12. I absolutely can t live without ice cream, especially my recently discovered Snoqualmie Gourmet Ice Cream s Honey Cinnamon. And warm chocolate-chip cookies. I kinda have a sweet tooth. 13. If I could change one thing about the law, it would be that those responsible for creating it did a better job. 14. Before law school, I was an IT consultant and traveled around the country testing cellphones, like the Verizon guy. Can you hear me now? 15. Happy-hour location/cocktail of choice: I am still searching for one closer to home, but Norm s in Seattle s Fremont neighborhood on Thursday for trivia is my current favorite. Favorite drink is anything with rum in it. Kringel and his girlfriend, Trina, at Sunset Celebration, a nightly arts festival at Mallory Square Dock in Key West, Florida. 16. The economy has affected me by making it nearly impossible to find a decent job and completely failing to provide any relief for those drowning in student loan debt. I wish I had bought a ridiculously overpriced house instead. 6

7 Off the Record Effective Pre-trial Motions: Persuading the Judge by Maureen A. Howard Victories won in pre-trial motions can significantly affect the direction and outcome of a trial. For this reason, successful trial lawyers prepare for motions with the same thoroughness that they employ for the trial itself. Arguing a motion to a trial judge, however, is different from arguing your case to a jury; to be effective, an advocate needs to be mindful of the difference. Judges generally resist what they perceive as emotional manipulation, theatrics, or excessive rhetoric. Many judges expect lawyers to cleanly and succinctly argue the facts and the law without employing any appeal to emotion. That being said, judges are human. They want to do the right thing. They want their rulings to produce fair results, not just legally sound results. In this regard, judges are influenced by the same universal themes that speak to jurors. The advocate s goal is to incorporate a theme into her argument that emotionally hooks the judge without being off-putting. The most effective way to do this is to be extraordinarily well-prepared and organized. The advocate who demonstrates mastery of the facts and the law, whose presentation is tightly crafted and avoids repetition, and who is prepared to answer questions from the bench is in a better position to weave her theme throughout her presentation without irritating the judge. Prepare, Prepare, Prepare! I recommend using a three-ring notebook organized to provide quick access to information needed to answer the judge s questions. Create separate tabbed sections for each point you intend to argue. The content should be pithy virtual bullet points with citations to the relevant section of your brief or other supporting materials provided to the court. This allows flexibility in oral argument, which is critical because the judge s questions may require you to change the order and emphasis of your arguments. It is advisable to prepare a section for each issue before the court, even if you don t plan on arguing it, because you do not have complete control over the direction the oral argument will take. You can store these backup sections in the rear of the notebook as insurance. Then, if the judge asks about an issue you had not planned on arguing, you will be grateful to be able to quickly turn to one of these optional sections. Another tabbed section should include brief summaries of the key cases cited by both parties, with salient quotes noted. Moot Your Argument. Practicing your oral argument will produce a smoother, more professional presentation. It will also free you from overreliance on your notes, allowing you to maintain crucial eye contact with the judge. This lets you evaluate the judge s response and adjust your argument if needed. The goal is to speak to the judge directly and not to read a pre-prepared statement or, worse, repeat your written brief, which the judge has presumably read. This is the time to address the judge s lingering concerns and questions. Reading undermines an advocate s credibility because the words of a writer can hit a listener s ear as stilted or artificial, and thus disingenuous. Instead, use expanded bullet points to guide your argument, each bullet triggering the next point you want to make to the judge. Anticipate Questions. Whether you practice your argument with someone else or alone, you should be thinking of possible questions you may need to field from the bench. Examine the issues not from the vantage point of an advocate, but from that of a third-party neutral: what questions might you have? The weaknesses of your position are particularly fertile grounds for questioning from the bench. Think these through in advance and prepare an answer to each question you dread. Then, create a tabbed section in your motions notebook labeled Questions where you set forth each anticipated question with notes outlining your proposed reply. Start Strong. Begin by introducing yourself and your client. Ask to reserve time for rebuttal if you are the moving party. Summarize for the judge at the 7 outset what you are asking for and why the judge should give it to you. Get to the essence of the motion by identifying the issues the judge must decide for you to win. Remember to incorporate your theme from the outset, but use language and tone that communicate reason and integrity. Do not assume the judge has read everything you have submitted, but do not assume she has read nothing. The better practice is to begin with a polite, ambiguous inquiry along the lines of, Has Your Honor had an opportunity to review the materials we submitted in support (or opposition) to the motion? I have yet to see a judge admit to not reading the materials, but I have witnessed several judges invite counsel to provide them more background by saying something like, I ve had a chance to review them briefly, counsel, with a tone that invites a more detailed presentation that reviews the basics of the brief. Embrace the Dialogue. Motions argument is not a pre-prepared opening statement or a closing argument: it is a dialogue between you and the judge. Although every advocate prepares to give an uninterrupted oral presentation (because there are those judges who will not ask a single question), the prepared advocate anticipates and welcomes a chance to converse with the judge. This means giving up a modicum of control. If the judge speaks, stop speaking and don t interrupt. If the judge asks a question, pause before answering and organize your thoughts. Judges questions can communicate quite a bit about what is important to them: within their questions are hints about which issues they are debating with themselves as they decide an issue. Answer the Question. Although law students are often trained to redirect an appellate judge s questions to an issue the advocate wants to talk about, this strategy is ill-advised in trial practice. If the judge asks a question, answer it directly and be scrupulously honest. In my experience, saying, I ll be getting to that later or That s not the issue here will only alienate the

8 judge and harm your case. Remember, you are arguing to the judge, not with the judge. Also, in answering questions from the bench, always be candid: it is perfectly acceptable to say you don t know the answer to a question. It is never proper to extemporaneously shoot from the hip and make a misrepresentation, no matter how unintended. Be scrupulously honest in any factual or legal representation and if you make a mistake, fix it at the earliest opportunity. Also, if you are being legally creative and arguing for the extension of a rule beyond its present bounds, make sure to share this with the court. Protect Your Credibility. As is true in all areas of trial practice, an advocate must protect her credibility at every turn, because it is the most critical asset to the work of a trial lawyer. In the context of motions practice, this means: make sure you know and follow the rules of evidence, procedure, and the local rules of practice; do not interrupt or visually react to opposing counsel s oral arguments; and do not make frivolous arguments. As noted trial scholar James McElhaney says, a frivolous argument only undercuts your valid arguments. Off the Record is a regular column on various aspects of trial practice by Professor Maureen Howard, director of trial advocacy at the University of Washington School of Law. She can be reached at edu. Visit her webpage at Apply to Serve on a WSBA Committee, Board, or Panel The WSBA Board of Governors invites applications for appointments to WSBA committees, boards, and panels. Invest in your profession and state bar association and build connections with colleagues throughout Washington. Descriptions of each entity are available at Submit your application online at Completed applications and materials must be received by March 11, Communicating Between Generations by Lisa Voso For the first time in history, we have four generations in the workforce. And there are more pronounced differences among the generations today than ever before, as our world has changed so much in the past 50 to 80 years. Being aware of generational differences can help you anticipate miscommunications and tailor your message for maximum effect whether you re applying for a job, pitching a new idea to your boss, or dealing with clients. Part of the basis for those pronounced differences has to do with the major events that took place during the generational span. Once a generation enters the workforce, we are better able to track trends in its members behavior, decisionmaking, and communication techniques. While not everyone fits neatly into a box, the trend data collected over the past eight decades is compelling. The four generations presently in the work force are: the Traditionalists (born ); the Baby Boomers (born ); Generation X (born ); and the Millenials (born ). The Traditionalists survived the Great Depression and WWII. These events were significant and critical in shaping their mindset a mindset of hardship and survival. Respect is the Traditionalists top psychological need. They place a high premium on formality and the topdown chain of command. How does this impact how you communicate with members of this generation? Over time, more relaxed rules have made their way into the workplace, but not for this generation. To earn Traditionalists respect immediately, use formal titles and attire. After you meet someone from this generation for the first time and address him or her using the title 8 Mr. or Mrs., a person of this generation may then invite you to use his or her first name. The way to maintain respect is to wait for that invitation. In addition, putting things in historical perspective also can help sell Traditionalists on your message, because they prefer to make decisions based on what has worked in the past. While technology has come to govern most of our work lives and our personal lives, for most of the Traditional generation it has not. As a generation, Traditionalists prefer face-to-face meetings. Trust is important to this generation, and members feel that the most effective way of evaluating a person is through face-to-face communication. Even if you need to keep the meeting short, let the Traditionalist know how much time you have to spend with them, and they will respect you for offering the in-person interaction. This generation is often offended by the direct approach and the assumption that they have an account or a cell phone. The Baby Boomers were influenced by non-stop historical events taking place while they were growing up and as they migrated into the workforce. Some of these events include the Vietnam War, the Free Speech Movement, the Civil Rights Movement and let s not forget Woodstock. This generation is credited with reshaping corporate culture with more casual dress codes and flexible schedules, which stemmed from the Woodstock mentality. Boomers are people who live to work. Working hard is the No. 1 focus of this generation. Its members worked hard to change corporate culture and to alter the laws governing this country and the perceptions of women and African-Americans in the workforce. For the first time, both parents were in the workforce, showing a commitment from both sexes to achieve

9 success in the workplace. As a generation, Boomers tend to take on the traits of workaholics, and are highly competitive and willing to sacrifice for success. So much happened during their formative years that it really is no surprise that recognition is most important to Boomers. Their recognition-oriented attitudes are instrumental in learning how to communicate with this generation. They tend to favor a personable style of communication that aims to build rapport. But because recognition is the critical psychological need for this generation, they tend to compete for the stage and work to keep the focus on them. They Generational Communication Tips speak in lengthy orations; tell and re-tell success stories; and are in the habit of sending long s. The key is to listen and to be patient. This is the fundamental reason why the Boomers and members of Generation X communicate so poorly. Generation X members were originally cast off by the Boomers as lazy, unappreciative, and harboring a sense of entitlement. Most do not realize, however, that there were virtually no significant historical events that occurred to really shape this generation. Instead, the formative years of Gen Xers were distinguished by capitalism and the accumulation of material things. Here are some quick pointers on communicating with members of the different generations in the workplace: Traditionalists Build trust through inclusive language (we, us) A leader s word is his/her bond, so focus more on words, not body language Face-to-face or written communication is received best Use more formal language Don t waste their time; they have a job to do Don t expect them to share their innermost thoughts immediately Baby Boomers Boomers are the show me generation, so use body language to communicate Speak in an open, direct style Answer questions thoroughly, and expect to be pressed for details Avoid controlling, manipulative language Present options to show flexibility in your thinking Use face-to-face or electronic communication to reach out Generation X Use as your primary communication tool Present the facts in short sound bites to keep Gen Xers attention; use straight talk Ask them for their feedback Share information with them immediately and often Use an informal communication style Listen! You just might learn something Millenials Use action verbs to challenge them Don t talk down to them; they will resent it Use and texting as primary communication tools Use visual communication to motivate them and keep them focused Constantly seek their feedback Encourage them to break the rules and explore new paths or options This generation was highly influenced by the heavy work schedules of the Baby Boomers, their parents. The Xers witnessed hard-working parents and reaped the benefits of that hard work such as a car to drive and having college expenses covered. There were no national or global events that introduced this generation to strife, and consequently its members learned that if you work hard, you will have money for nice things. Gen Xers grew up as latch-key kids, frequently left to their own devices. The two key things to remember about the Gen Xers are that they are inherently skeptical and independent. Knowing that skepticism and independence are the key traits of this generation sheds light on why the Gen Xers and the Boomers do not generally communicate well. The Gen Xers expectations are instantaneous and they lack the patience required to listen to Boomers communicate, which offends Boomers. Xers are slower to open up and share details, and often need to process information independently before drawing a conclusion. This is the fundamental reason why the Xers and the Boomers have such a difficult time communicating. Boomers dominate the conversation and want to share their wisdom and knowledge. The Xers value their time and work-life balance. Keep it short with Generation X. Give them an opportunity to be heard. Workers from the Traditionalist and Boomer generations can communicate best with Gen Xers by cutting to the chase and avoiding unnecessary meetings. Leave brief messages or send short s that specifically highlight items that actually require action or response. The most significant event that affected this generation is the current recession. It has shaken Gen Xers to the core, and they are struggling fiercely and independently to figure things out. Statistically, more Xers lost their homes and financial grounding than any other generation during this recession, and they are having a hard time processing what happened and moving on. What will come out of this recession is likely a less independent generation, and hopefully a generation that learns the power of collaboration. The Millenials were shaped by the Technology Era, which originated during this generation. They are members of the first generation indoctrinated from birth on the advancement of technology. While experts are still collecting data on this generation in the workforce, so far 9

10 collaborative and optimistic appear to be Millenials defining traits. Millenials share Xers emphasis on work-life balance and comfort with technology. They have been taught to put feelings on the table, and have had significant influence in how their families are run. They have high expectations of salaries after college graduation (unlike the Boomer thinking of working your way up), and expect to be the boss sooner rather than later. Do not expect them to stay long at any one job. Members of other generations often look negatively upon the Millenials because of this pattern. The fact is that corporate employers no longer encourage longevity in the way that was true for the Boomers. Long gone are the retirement programs of the past and the benefits packages that kept workers committed to an employer for decades. And Millenials are used to speed and change. They tend to get bored easily and want to move on to learn something new. These trends are not surprising, given that this generation was so keenly shaped by the pervasiveness of technology. What we are finding is that the top-down model of business honed by the Boomer generation is no longer effective in the Technology Era. The Millenials are carving a new way of thinking and of building business. Communications with this generation need to be short and use some form of technology. Text messages are preferred, which is difficult in a work environment. Instant messaging helps keep Millenials focused and on task. And if you send an , be sure to keep it short. If you want to see more longevity out of your Millenials, be sure to include them in strategy meetings and in the business culture. Listen to what they have to say, because their default to collaboration and positive change is the way of the future. The belief now is that the key to significant positive change in our workforce and in our country is in the hands of this generation. We will have to wait and see! Lisa Voso is a litigation attorney for Hardwick & Pendergast, a personal-injury firm in Renton. She has 20 years of public-speaking experience, beginning with her high-school forensics team. In addition to practicing law, Voso is a public-speaking coach for her business, The Voso Impact, through which she trains clients to overcome their public-speaking fears and master the skills needed for successful interviews and presentations. She can be reached by at Rebel without a Cause (or a Will) Meeting the estate-planning needs of younger clients by Stacey L. Romberg James Dean, who died at age 24 in a tragic auto accident, once said, Dream as if you ll live forever. Live as if you ll die today. On the day he died, Sept. 30, 1955, Dean may have been living life to the fullest, but he was not prepared to die at least from the legal standpoint. Dean died intestate. As a result, most of his possessions went to his father, Winton Dean, whose relationship with him was distant at best. 1 No one is invincible, even the young. It is challenging convincing younger clients they can benefit from estate planning. How do you motivate them? Motivation comes from knowledge. As their attorney, it is your job to explain to younger clients, in real terms, what the consequences can be if they die intestate, or lack a power of attorney or a healthcare directive. For example, suppose Dean s entertainment lawyer had said, James, I know you re only 24. But you are becoming a wealthy young man. Do you know that, if you don t get a will done, and something bad happens to you, everything will go to your dad? Is that really what you want? The following are examples of what you need to tell your younger clients while guiding them through the estate-planning process: A client who cohabitates needs to understand the consequences for his partner if he dies intestate i.e., without a legally valid will. Will his partner really be able to continue driving the car he was driving, and living in the house they shared? Maybe; maybe not. If your client has been married for a short time and dies intestate, the probate may be challenging due to the need to distinguish between community and separate property. Many young clients assume that their wives or husbands will automatically get everything. But dying intestate may result in undesired consequences that affect the unprotected spouse. If your clients have young children, guardianship and trust considerations are paramount, and a key component of your clients responsibilities as new parents. Your clients need to consider the impact of their deaths on their parents. I have probated several estates of young decedents who died intestate. The devastated parents will grieve that loss for the rest of their lives. You need to explain to your clients how, by preparing, they can make the process easier for their parents especially if their parents will serve as personal representatives. Their parents will also be comforted by understanding exactly how their child wanted to handle her estate, and by knowing those wishes were carried out. Pet ownership is common. 2 Encourage your clients to make certain they have taken appropriate steps to meet their pets needs in the event that they are no longer able to care for their animals. Estate planning is an important part of everyone s legacy. Members of Generation Y (those born roughly between the late 1970s and late 1990s) focus on giving back. (According to a recent survey, for example, more than half of workers in their twenties prefer employment at companies that provide volunteer opportunities. 3 ) When working with Generation Y clients, emphasize opportunities to make charitable contributions in their wills, and explore the idea that a will can be a document that expresses their personal values. 10

11 Once you have convinced a young client of the wisdom of estate planning, it is helpful to be aware of the demographics involved. Young clients may require more frequent adjustments to their documents because their life circumstances change more rapidly. Being knowledgeable of the general societal trends helps you work with those clients and ensure their documents change with them. For example: Your clients are getting married later in life than previous generations. In Washington, the median age for men to marry is 27.5 years. For women, it s 25.7 years. These statistics closely mirror the national average. 4 In Seattle, many of your clients live in households made up of one person. Two out of five Seattle households are oneperson households, which is a higher percentage than other Washington cities and other U.S. cities of comparable size. Also, in Seattle, your clients are not likely to have children. 5 Only 20 percent of Seattle households include someone younger than 18 years of age. 6 Accordingly, many of the wills you prepare for young clients may be simple wills, with no testamentary trusts for children and no provisions for a spouse or partner. However, you need to also be aware that the rates of cohabitation have increased. In 2009, the number of oppositesex couples choosing to cohabitate increased by 13 percent in the United States. This spike in cohabitation rates appears to be spurred by the recession, and the corresponding need to find affordable housing and otherwise share expenses. Nationally, only 39 percent of newly cohabitating couples consist of two employed persons. 7 In addition, newly cohabiting couples tend to be younger than other couples who have previously made the commitment to live together. 8 Seattle mirrors this trend, although available statistics are not as recent. Households of unrelated people who live together make up 46 percent of the city s growth between 1990 and Cohabitating, unmarried couples (including registered domestic partnerships) now represent 15 percent of Seattle households. 9 Significantly, a recent study on such couples found that, after five to seven years, only 21 percent of the pairs were still together. 10 When representing young clients, you need to find out if they are cohabiting. If so, what are the circumstances? Is it a committed relationship and the couple wishes to complete their estate planning jointly? Or did your client s boyfriend get laid off and then moved in to share expenses? Either way, the relationship needs to be addressed as part of the estate planning process. Your client needs to be advised that, if It is challenging convincing younger clients they can benefit from estate planning. How do you motivate them? Motivation comes from knowledge. a committed intimate relationship (CIR) is found to exist between the two of them, then joint property may be accumulated that might be subject to claims by the surviving partner as described in Connell v. Francisco, 127 Wn.2d. 339 (1995). You should also encourage your clients to enter into a domestic-partnership agreement to clarify the property rights and obligations between partners. A young client may be reluctant to enter into such an agreement due to the cost and, potentially, uncertainty about the longevity of the relationship. But you still need to ensure your client understands the potential advantages of finalizing an agreement and makes an informed choice. If your client decides to enter into an agreement, you need to follow up to make sure that the client s estate-planning documents are consistent. Finally, what about Washington domestic partnerships registered pursuant to Chapter RCW? More than 8,000 couples have registered as domestic partners to date, according to the Washington Secretary of State s office. Estate planning attorneys need to ask their clients whether they have registered as domestic partners and, if so, whether they also have a domestic-partnership agreement in place. You need to advise your clients about their registration s impact on the estate-planning process, including the accumulation of community property and the rights of a surviving partner during the probate process. Stacey L. Romberg s office is located in Seattle. She focuses her practice on estate planning, probate, and business law. She can be contacted at Her website address is Notes 1. IMDb: The Internet Movie Database Biography for James Dean, available at com/name/nm /bio. 2. For example, the CATalyst Council, a nonprofit entity devoted to feline welfare, named Seattle as the No. 7 Cat Friendly City in the U.S. in See The CATalyst 2009 Top 10 Cat-Friendly Cities, available at 3. Penelope Trunk, What Gen Y Really Wants, Time, July 5, 2007, available at time/magazine/article/0,9171, ,00. html. 4. NCFMR Family Profiles, Median Age for First Marriages in the U.S., 2008, citing U.S. Census Bureau, American Community Survey, Available at family_profiles/file78895.pdf. 5. According to the City of Seattle Department of Planning and Development, the percentages of one-person households in the other four Washington cities with populations over 100,000 range from 28 percent in Bellevue and Vancouver to 34 percent in Tacoma. And the number of one-person households increased by more than 11,000 between 1990 and 2000, accounting for 52 percent of Seattle s new households during that decade. See Seattle Prior Census: Population and Housing Trends, available at gov/dpd/research/population_demographics/ Prior_Censuses/ _Population_Housing_Trends/DPDS_ asp. 6. In King County, the corresponding figure is 30 percent; in Washington state, 35 percent. See id. 7. Cheryl Wetzstein, More Unmarrieds are Living Together amid Tough Times, Washington Times, September 23, 2010, available at more-unmarrieds-are-living-together-amidtough-tim/. 8. Sharon Jayson, Census Study Finds Spike in Cohabitation, USA Today, October 3, 2010, available at news/ /cohabitation24_st.art.htm. 9. See Seattle Prior Census: Population and Housing Trends, available at www. seattle.gov/dpd/research/population_demographics/prior_censuses/ _population_housing_trends/dpds_ asp. 10. Dr. Phil, October 3, 2010, citing The Boston Herald. 11

12 Laptop Sherlock: Untangling Investigations On the Web by Linda Montgomery and Aimee Rachunok Portions of this article include excerpts from a chapter entitled Internet Investigations: What You Can Do and How to Do It, authored by Linda Montgomery and Aimee Rachunok and included in the course materials for the December 14, 2010, WSBA-CLE seminar Harnessing the Power of the Internet for Your Practice. They are reprinted herein with permission from WSBA-CLE and the authors. The Internet is a global system of interconnected computer networks containing trillions of bits of information. With the proper knowledge, a user can access this information for a multitude of reasons, including many purposes related to civil and criminal litigation. As useful a tool as the Internet has become for conducting research, there is the inevitable downside. In the past, valuable information was often difficult and time-consuming to find but with the Internet, we now have the opposite problem. A single search criterion can return thousands of hits, many non-relevant or totally useless. Search Engines Make It Easy The need for a faster way to comb through the billions of bits of information on the Internet did not go unnoticed. As early as 1993, entrepreneurs have been developing search-engine vehicles. With creative names such as Infoseek, Lycos, Excite, Yahoo, Dogpile, and Google, among others, these search engines have continued to be created and fine-tuned, and provide excellent tools for research on the World Wide Web. How They Work: A Very Basic Explanation of Complicated Programs Search engines collect information from the web with the use of web crawlers, also known as spiders. The information is then categorized and stored in databases called caches. Web crawlers examine, analyze, and store the information in each cache. When a user makes a query, the index is examined and a best match is provided to the user according to the methods used by any particular search engine for determin- ing a best match. How a search engine decides which pages are the best matches varies widely. Common Search Tools Using Boolean Logic and Boolean Connectors Named after the English mathematician George Boole, Boolean logic is the mathematics of logic from which rules were derived that govern logical functions and are the foundation of all electronic circuits in the computer. The Boolean connectors AND, NOT (the minus sign is frequently used instead of the word NOT), and OR are useful tools when searching for a particular name or subject, as is the use of quotation marks. The use of quotation marks ensures that results with all words in the quotes in the order they were typed will be pulled. For example, if you are looking for the exact phrase Judy A. Smith, failure to place that phrase in quotation marks may lead to results that are overly expansive and lack relevancy, such as when the terms Judy A. and Smith are in the same article but not immediately adjacent (such as Judy A. Jones and Jim Smith). Suppose you are investigating a person with a common name, such as Judy Smith, who lives in Seattle and is a nurse. You would search Judy Smith OR Judith Smith OR Judy A. Smith AND nurse. You would find many Judy Smiths, since 12 the name is common. You could further narrow your results if you pulled up information about someone with that name who is, for example, a photographer, by adding -photographer to exclude all Judy Smiths associated with photography. Once you have identified a number of matching results, you can further refine your search by using the minus sign to eliminate the known results (for example: -nurse, -facebook, -linkedin) and also by eliminating vendors that will come up in your search (-pipl, -spokeo, -intellius, etc). This will greatly reduce the number of hits and allow you to review the remaining hits to make sure there is nothing significant about your subject that has not yet been found. In addition to all variations of the person s name, including putting the last name first and using the name in combination with any spouse s name, you will want to search the person s address, username, and any known current and previous addresses. Advanced Search Box Search engines such as Google have an advanced search box on the home page to the right of the search bar, where you can enter the known information with the search words preferred and those you wish to exclude. This may be a handy way for you to search until you master the use of the Boolean and other search tools on your own. Beginning Your Search: Making a Checklist Before you begin a search, make a checklist of all variations of names and all known qualifiers and websites that will be searched. You will be adding new qualifiers to this checklist as they are found during your investigation. A good place to start your search is using the websites and www. spokeo.com (part of the Invisible Web, defined below). These are informational sites where you often can obtain qualifiers for your subject such as addresses, relatives, and similar information. Some of the information on these sites is free, though sometimes there are charges. The Invisible Web: What Is It? The Invisible Web refers to the many web-

13 sites available on the Internet that have not been indexed by search engines. Invisible Web content is estimated at 500 times that of the surface web. It is often untapped due to the limitations of traditional search engines. Types of websites in the Invisible Web include, but are not limited to: brand-new websites not yet picked up by search engines, member-only websites, and online databases that are inaccessible to crawler programs. Informational Websites on the Invisible Web Especially helpful for background research on individuals, there are websites for searching court records, property, news publications, telephone numbers, address histories, blogs, tweets, business and professional licenses, death records, social networks, employment résumés, and school records. Some of the most useful sites for case research in Washington state include: Washington Statewide Upper and Lower Court Searches This website allows you to search Washington court cases. If your subject has a common name, you will need to conduct additional court research to determine identity, but this is a great start. Washington State Court Directory This is a free resource that provides contact information for every level of court in every county in Washington. Washington State Patrol https://fortress.wa.gov/wsp/watch This site provides an online statewide criminal-history search on individuals for $10. There are a number of sites helpful for searching court records from other states and federal court records, including: Federal Courts Database Obtain federal bankruptcy, civil, and criminal cases for a fee of just $0.08 per page. The actual case files from the more recent cases are available with the click of your mouse. You must become a registered user (anyone can become a registered user of Pacer), but it is well worth signing up. State-by-State Court Research This site, which focuses on public records, is an excellent resource for detailed information on court systems within each state, and as well as contact information for records retrievers by county. Limited resources are available for free, but the reasonable annual membership fee ($100 per year at last inquiry) is justified by the utility of this resource. Useful sites for neighborhood and property investigations include the King County parcel search (available at www5.kingcounty.gov/parcelviewer/viewer/kingcounty/viewer.asp), Google Maps, Zillow, and Vpike. With the increasing popularity of blogs and Twitter, you may want to search these as well: Twitter Some people keep their tweets private, but others are viewable by anyone. If you have an account, you can see who people are following and who is following them. Tweetdeck (www.tweetdeck.com) is a free software download that allows you to search the entire Twitter network. When conducting business background and due-diligence checks, the following sites are helpful: Washington State Professional License Database https://fortress.wa.gov/dol/dolprod/ bpdlicensequery This is the first place to check for the existence and status of professional licenses in the state. Washington State Department of Revenue Here you can search the state s Department of Revenue site for business or corporation listings for free. Libraries are excellent resources for all kinds of information, such as news and publication searches. With a library card, you can access their databases online. The following online library resources are helpful: a list of the nation s public libraries, available at the King County Library Online Database Access, available at databases, and the Seattle Public Library Database, available at asp?pageid=collection_db_subscription. Some websites that have been removed from the Internet can be found stored in the Wayback Machine at org, where you can browse through more than 150 billion webpages archived from 1996 to a few months ago. Saving Information When you find important information that you may want to present in court, you will want to save it by taking a screen shot of the contents of the page. Information on the Internet comes and goes at a rapid pace, and we have often seen helpful information disappear the very next day after it is located. Two programs we have found useful for saving possible evidence unearthed during our Internet investigations are Snagit (available at no charge with a 30-day trial at and Printkey 2000 (downloadable for free but unable to capture videos). Linda Montgomery is the principal of Linda Montgomery Investigations in Seattle. She can be reached at Aimee Rachunok is a senior investigator at Linda Montgomery Investigations. She can be reached at WYLD Seeks Volunteers for Yakima Pre-Law Leadership Conference This spring, the WYLD will host the 18th annual Pre-Law Leadership Conference in Yakima for Eastern Washington high-school students. The conference workshops and speakers inspire at-risk youth and minority students to consider a legal career and to take active leadership roles in their communities and student governments, through creatively addressing hot-button legal issues. Attorney volunteers are needed to prepare workshops, recruit students from local schools, and assist with conference planning and logistics. To participate in the conference, contact the chair, Alma Zuniga, at 13

14 Counsel over Cocktails? What to do when friends and family ask for legal advice by Trent M. Latta It seems that on occasion we all practice some form of Friends and Family Law. You know the scenario: Grandma calls to ask you a few simple questions about the tax implications of her will (clearly you failed to previously share with her that you narrowly passed Wills and Trusts class in law school). Or a friend corners you at a happy hour, with a really quick question concerning a Notice to Pay Rent or Quit she found affixed to her apartment door the prior evening. Or even worse, your uncle wants advice on the dissolution of his marriage to your aunt. There is a part of all of us that went to law school so we could serve as the inhouse family counsel or the friend with the legal moxie. But is there any degree of legal help we can offer our friends and family members without creating a conflict or becoming their attorney? It s really dangerous, says Karen Boxx, a faculty member and Professional Responsibility professor at the University of Washington School of Law, on whether an attorney should provide legal advice to friends and family legal. The attorneyclient relationship is a subjective test, she explains, and it is almost impossible to protect yourself. You are at risk. And unless you do something like send them a letter, your friend or family member could say they relied on your advice. Boxx recommends an all-or-nothing approach. The real problem is that it is difficult to give helpful advice unless you have all the relevant information, she says. But you are not going to get all the relevant information in a casual conversation. You are better off assuming the representation pro bono or not discussing their legal issues with them at all. Before you accept full representation and strut into court on behalf of your older brother or sort-of significant other, however, you should first consider added complications that can arise when your client is a close friend or a trusted family member. It may not be easy to offer candid advice or to say no to a client who is a family member or close friend, Boxx warns. Your legal instincts may easily be swayed by a family member who historically has held a position of authority over you. Lawyers have been sued for malprac- tice because their professional judgment was overridden by the influence of family members and people they trusted. In this kind of situation, while it may not be easy telling the mom and dad who sent you money during law school that you cannot serve as their attorney, it may nonetheless be in their best interest that you do so. There are also ethical implications you should consider before volunteering to ghostwrite a letter or other document on behalf of a friend or family member. Boxx believes that there can be ethical problems when a lawyer ghost-writes a pleading for a pro se litigant. The problem is that the court is going to give the pro se litigant leeway without knowing he is receiving behind-the-scenes legal help. Ghostwriting a letter in a non-litigation context, however, does not create the same concerns about misleading a court. When there are concerns about a conflict, or you just do not want to open the door to potential family or social drama, Boxx recommends directing friends and family members to resources such as alternative counsel to provide assistance. Many non-lawyers are not aware of opportunities to receive free legal advice from notfor-profit legal organizations much less where to even begin seeking help. When approached by a friend or family member with a legal dilemma, consider sending her an with a link to the For the Public page on the WSBA s website (www.wsba. org/public/default.htm) or to a legal-aid clinic s information page. By doing so, you are offering genuine help while simultaneously avoiding a conflict of interest or establishing an attorney-client relationship. The fact is that aside from pontificating on general very general legal principles, the Rules of Professional Conduct simply do not allow you to offer case-specific legal advice without also potentially establishing an attorney-client relationship. In sum, the few key points to remember when approached by a family member or friend seeking legal advice are these: 1) do not assume that by keeping to casual conversation you have avoided establishing an attorney client relationship; 2) before accepting full representation, consider the tricky conflicts that may arise and be sure you will be able to offer open and honest legal advice; and 3) consider directing your friend or family member to alternative legal-aid sources, including free or low-cost options. Trent M. Latta is a senior associate at Foley & Mansfield s Seattle office. He can be reached at or ABA Seeks Attorneys to Judge Seattle Moot Court Competition March 3 5, 2011 The ABA Law Student Division is recruiting oral-argument judges for the Seattle Regional National Appellate Advocacy Competitions (NAAC). Licensed attorneys are needed to serve as competition judges. It s an opportunity to interact with the finest advocates that the nation s law schools have to offer. With 207 teams from 121 law schools competing, the event is one of the largest moot-court competitions in the country. Where: U.S. District Court for Western Washington 700 Stewart St., Ste , Seattle For information, see pdf. Questions? Contact Peggy Pissarreck at or abanet.org. 14

15 Is Superior Court Always Superior? Weighing the benefits and drawbacks of district court by Allison Moon The task of figuring out one set of court rules can be daunting for a new attorney. The task of mastering two can feel downright overwhelming. For this reason, most attorneys never become proficient in the Civil Rules for Courts of Limited Jurisdiction (CRLJs). With a few exceptions, these rules govern the procedure for civil suits in all trial courts of limited jurisdiction, including district and municipal courts. Superior court offers the advantage of general jurisdiction i.e., there is no limit on the types of civil and criminal cases heard. This means for the most part that any case that can be filed in superior court can also be filed in district court. However, district court offers several advantages over superior court that might make learning the CRLJs worthwhile. District court has concurrent jurisdiction with superior court over civil claims less than $75,000, and exclusive jurisdiction over small claims and infractions. The advantages and disadvantages of district court can be summarized as follows: District court is generally quicker and more cost-effective than superior court, but achieves these benefits by sacrificing preparation time and depth of discovery. Compare Civil Rule 26 to CRLJ 26 and the district court s discovery limitations become clear. Under CR 26, the parties use of discovery methods is limited by the court if it determines that the discovery sought is unreasonably duplicative, is obtainable from some other source that is more convenient, or discovery is unduly burdensome or expensive, among other criteria. See CR 26(b) (1)(A-C). Aside from these general restrictions, discovery is essentially unlimited. In contrast, CRLJ 26 permits each party to depose any other party plus two additional people; allows each party to send two sets of no more than 20 interrogatories; and caps requests for production at five separate groups of documents. Additional discovery beyond these limitations can only be conducted upon court order. The deadlines for discovery are also different in district and superior court. CR 26 imposes no specific deadline by which discovery must be complete, and conferences may be used to create a discovery schedule. CRLJ 26 requires that discovery 15 be complete within 60 days of the discovery demand or 90 days of service of the summons and complaint, whichever is longer. Compare the rules on summary judgment and another interesting distinction appears. Both courts permit either party to move for summary judgment, in part or in whole, without providing supporting affidavits. However, the rules differ in that CR 56 requires that a motion for summary judgment be filed 28 days before the hearing, while CRLJ 56 requires that the motion be filed only ten days before. If you are aware of this distinction you can use it to your advantage. Remember that most attorneys are more familiar with the 28-day deadline, and the district court s short timeframe on summary judgment motions might catch opposing counsel off guard. Other distinctions between superior court and district court are not readily apparent by comparing the rules. For example, depending on which county you practice in, the district court judges may or may not be familiar with civil law. In King County, for example, most district-court judges only hear criminal cases and infractions, while in smaller counties the judges serve on both the superior and district courts, and are accordingly familiar with civil law and procedure. Another nuanced distinction is that district court may be a more advantageous venue for claims against insurance companies. In superior court, claims less than a certain amount are sent to mandatory arbitration in many counties, while in district court the same claims would go to trial. As a rule of thumb, insurance companies are judgment averse and are more likely to pay a claim if faced with the threat of an actual trial in district court. Under the mandatory arbitration process, the insurer essentially gets an opportunity to see how the case plays out without the risk of a judgment, since a party can move for a new trial after the arbitration. District court also offers financial advantages that may translate to strategic advantages. Its filing fees are substantially lower than those in superior court, and the restrictions on discovery and time limitations will likely result in your client paying less in attorneys fees and costs. If your client has limited financial resources, this difference can both save your client money and frustrate a wealthier opponent s attempt to outlast your client. Also, if the opposing party has seemingly unlimited resources, the restrictions on discovery can thwart attempts to overburden your client with discovery requests. This final distinction is one I personally learned about the hard way. In superior court, a civil action is commenced by service of a copy of a summons together with a copy of a complaint or by filing a complaint. CR 3. This means you can serve the defendant with the complaint before filing it. If the defendant does not respond in 20 days, you can go to court and simultaneously file your complaint and motion for default judgment. You can probably guess what happened in my case. I served my summons and complaint on the defendant, waited 20 days, and then simultaneously filed my complaint and motion for default in district court. The court responded by letter with notification that it accepted my complaint, but that I would need to reserve the defendant and wait another 20 days before I could move for default judgment. Upon receiving this letter, I read CRLJ 3 sure enough, it says A civil action is commenced by filing with the court a complaint. You cannot start an action in district court by serving a complaint on the defendant. If there is a lesson here to be learned, it is to never assume the rule is the same in both courts. Always read the relevant rules. While district court offers some inherent advantages over superior court, the main advantages are derived from a lawyer s familiarity with the differences between the two sets of rules. Many attorneys do not know the ins and outs of the CRLJs because they rarely appear in district-court actions. This fact alone makes it worthwhile to invest time and energy into learning the CRLJs when you get involved in a district court matter or are filing a case over which the superior and district courts have concurrent jurisdiction. Mastering all the tools at your disposal cannot help but give you a competitive advantage over the majority of civil litigators. Allison Moon is a Seattle attorney whose practice emphasizes civil litigation, probate, and landlord-tenant matters. She can be reached at

16 Practice Success 101 Feeling the Love: How to Make Your Colleagues Fall for You (Platonically Speaking) at the Office by Peter Roberts law is a people business as far as clients are concerned, someone once said. This statement is The certainly true. I believe that the law is also a people business within each firm whether it includes 100 lawyers or just one. Under the best of circumstances, the practice of law can be chaotic. Even with court rules and practice protocols, the people involved supply ample chaos in any matter. Who knows what the opposing party will do or say? Ditto for opposing counsel, witnesses, the judge, and even WYLD Continues Partnership with YMCA Mock Trial Program Would you like to be part of one of the nation s highest-ranked high school mock trial programs? Do you enjoy sharing your knowledge of the law with young people? Are you interested in increasing the ethnic and socioeconomic diversity within the legal profession, as well as raising the standard for ethics and professionalism in the legal profession overall? If you answered yes to the questions above, the YMCA Mock Trial program is the program for you! Legal professionals are needed around Washington to help coach high school mock trial teams and volunteer at state and local competitions. Don t think you have the time? Don t worry! There is a volunteer opportunity that can fit into even the busiest of schedules. Team coaches work with teachers and fellow attorneys throughout the year to help students prepare their cases for competition. District raters score student performances during local competitions throughout the month of February. State raters score student performances at the state competition, March 25 26, 2011, in Olympia. You can help spread the word by letting your colleagues and friends know about this amazing opportunity to support the democratic education of our state s young people. For the past 24 years, the YMCA Mock Trial program has been giving members of the legal community the opportunity to become civically engaged in something that gives them inspiration and hope for the future of our state and the legal profession as a whole. This year, your support is needed more than ever. Ten new mock trial programs are starting up in schools across Washington. In order for them to succeed it is critical that members of the legal community step up to meet the challenge. For more information on how to get involved in the YMCA Mock Trial program, contact the YMCA Youth & Government office at or or the Washington Young Lawyers Division program leaders (Sean Walsh, chair, Megan Valentine, chair-elect, Donations may be sent to YMCA Youth & Government, PO Box 193, Olympia, WA your own client! In contrast, consider your office environment, which can be a place of control and serenity. Do not laugh at the notion of serenity in your office I am serious! Because you control what goes on in your own office, you should impose as much order as possible. Here are some suggestions about how to make this happen: Have systems in place for workflow. What happens and when after each new matter is accepted? Do not cast blame. Instead, explore why a mistake happened and change procedures, if necessary, to avoid the mistake in the future. In the heat of any tense moment, be aware of yourself and your behavior. Occasions arise when you certainly have the right to feel frustrated or even angry. Direct those feelings at the situation not at a person. Be cheerful and aware of others. Listen carefully to those around you. Your staff is a huge source of information. The partners are storehouses of experience and wisdom. Take your staff person to lunch once in a while. Communicate effectively. Effectively means to listen (not hear) and to articulate fully. Be willing to learn new skills. It broadens your effectiveness and can be fun. Discourage sour grapes. When others complain, look for the bright side of any situation. You will be perceived as a leader. Look ahead, plan, and accomplish tasks timely and by their priority. Limit procrastination. Your staff will love you! Peter Roberts is the practice management advisor with the WSBA Law Office Management Assistance Program. He can be reached at , and

17 During Economic Downturn, More Young Lawyers Turning to Pro Bono Projects to Keep Busy, Gain Experience by Mercedes Riggs The unemployment rate is hovering around nine percent, and law-firm clients are less than enthusiastic about having newbies bill time on their matters. The result: many young lawyers are using their down time by taking on pro bono work. This is not only a way to gain experience in a manner that benefits their professional development; it also allows unemployed and underemployed young lawyers to keep current on legal issues, network with other lawyers and potential clients, and interact with people in ways that are normally not available to young associates. I spoke to a few people about trends in pro bono. Some of the people I talked to noticed an overall increase in the number of people doing pro bono work possibly because they are looking to gain experience, and because the sluggish economy has led to an increased need for free legal services. Cheryl Zalenski, director of the American Bar Association Center for Pro Bono, has also noticed an increase in participation by younger attorneys. While Zalenski has not observed noticeable general trends in the types of pro bono opportunities that attract new attorneys, she is seeing providers developing creative solutions to the need for increased supervision of and networking among young attorneys. She gives the following example: Chicago Volunteer Legal Services ThunderDome clinics, which invite attorneys such as deferred associates and solo practitioners to enroll in a special family law volunteer project as well as provide mortgage foreclosure defense advice matters. The clinics provide a substantive background for simple divorce cases from grounds, child custody, child support, visitation, property and debt distribution and maintenance, says Zalenski. Each class of volunteers goes through training together, from initial acceptance of a divorce case to the final judgment. Periodic trainings provide an opportunity to discuss next steps in the case flow and network with fellow volunteers. Diana Singleton, director of the Access to Justice Institute at Seattle University School of Law, has noticed that people are drawn to organizations like the King County Bar Association Housing Justice Project (www.kcba.org/volunteer/hjp/volunteer. aspx) and Northwest Immigrant Rights Project (www.nwirp.org). She believes that people are drawn to the HJP because it offers opportunities for attorneys to spend time in court without being overwhelming. The HJP provides skill-building with a limited amount of involvement in particular cases. People get involved in NWIRP because it offers thorough and high-quality training, and it provides a support system for newer attorneys, notes Singleton. Pam Feinstein, Washington statewide coordinator of pro bono support, says that turnout for a couple of volunteer lawyer projects has revealed an increase in younger attorneys doing pro bono looking for experience, networking, mentoring, and keeping busy. She says these organizations think that many of these young attorneys would not have contacted them if the volunteers had had jobs waiting right after law school. The volunteer-lawyer-project coordinators she has spoken with have agreed that utilizing mentors for young and new attorneys, as well as clinic opportunities, seem to be of most help in attracting this demographic, she says. Vicki Huebner, assistant dean of Law Career Services at Santa Clara University s School of Law, notices that there is a knowledge gap with new attorneys. Huebner says that when the economy was stronger, law firms and clients were fine with paying to train new attorneys but now clients are balking at associate rates and firms are only interested in employing attorneys who are already skilled. Huebner finds that young lawyers are taking advantage of volunteering 17 to gain skills and close the knowledge gap. Similarly, Jordan Wasserman, NWIRP pro bono coordinator, has noticed that, with the economic downturn, there is a significant increase in young lawyer pro bono involvement. He says that it is more difficult to get experience because there are fewer jobs, and Young lawyers are taking advantage of volunteering to gain skills and close the knowledge gap. pro bono opportunities offer the experience that young attorneys lack while strengthening résumés. Wasserman notes that unemployed attorneys are not the only new lawyers turning to pro bono work; a number of young associates have more time to do pro bono projects because work for paying clients is not filling up their schedules. Pro bono work does not just build résumés it provides meaningful experiences in client representation. Alex Robbins, an attorney practicing in Washington, D.C., did pro bono work while working at a large firm to gain additional experience. He volunteered to work on a Board of Immigration Appeal (BIA) from a decision he and a friend found on a bulletin from the Catholic Legal Immigration Network s BIA Pro Bono Project. With Robbins s help, his client s request for asylum was granted. Robbins described his work on the case as an awesome experience. He chose to work on an immigration matter because he wanted the opportunity to be totally on [his] client s side, and to work with someone whose cause he really believed in. The case paid off for Robbins both emotionally and professionally: he used a redacted version of his brief as a writing sample for his application to his current job with the government. Mercedes Riggs is an attorney based in Bellevue. She has been a member of the Washington Bar since She can be reached at

18 Separation Anxiety: Managing Client Funds with an IOLTA by Lainie Patterson You got your first check from a client, but don t know where to deposit it. You are not alone: new attorneys starting their own law offices have many questions about client funds and Interest on Lawyers Trust Accounts, known as IOLTAs. You studied for the ethics portion of the bar exam, so at some point you learned about Rules of Professional Conduct 1.15A and 1.15B, the rules that govern client-trust accounts. But now in the flurry of activity of setting up a new practice, you can t remember a thing, other than keep client money safe and separate from lawyer money. That s a good start. It s a mantra you should repeat whenever you have a question about money. Do I need an IOLTA? The primary purpose of an IOLTA is to keep client funds safe from a lawyer s creditors. A creditor will seek out any bank account with your tax identification or Social Security number if it gets a judgment against you. The IOLTA, while having your name on it, is set up using the tax ID number of the Legal Foundation of Washington. This gives creditors notice that these are not your funds, and prevents them from taking client money to satisfy a judgment they may have against you. For the same reason, lawyers should not keep any of their own money in IOLTAs. If you keep your money in an IOLTA, it gives creditors a colorable argument to access the IOLTA and take client funds. This is also the reason client funds should never be in your personal or operating accounts. They could get extracted if a judgment is executed against you. If you receive client money, you need an IOLTA. Client money is money received from another person that does not immediately belong to the lawyer, and relates to a representation. It isn t the club dues for your child s Little League team, unless you are the lawyer for the team. It is money paid in advance by the client to cover future fees and/or costs associated with his matter. It includes settlement proceeds received from a case you are handling, even if you received them from a third party. If you anticipate receiving client funds, then you should open an IOLTA. If not, you can wait until you need one. Setting up an IOLTA If you receive client funds, you will need an IOLTA immediately because you cannot deposit this money into your own checking account not even for a minute. Only a lawyer admitted to practice can be a signer on an IOLTA account. Here are the three steps for opening an IOLTA: 1. Check the Legal Foundation website for a list of approved banks (www. legalfoundation.org/pages/bank_list). It is fine to use your regular bank if it appears on the list. Some practitioners prefer to use a different bank to reduce the risk of writing a check on the wrong bank account. At the very least, order checks in a different color from checks for your other bank accounts. 2. Print out the Request to Establish IOLTA Account form from the WSBA website at finance/newreqtoestiolta.pdf. Fill it out and bring it to the bank. 3. You may deposit some of your own funds initially to open the account and to cover the cost of ordering checks, the endorsement stamp, deposit slips, etc. This should only be a reasonable amount sufficient to cover these costs and keep the account open during times when there are no client funds. If you can, ask the financial institution to deduct bank charges from your operating account, which will only be possible if you open the IOLTA at the same bank where you have your operating account. 18 Basic recordkeeping You can keep trust-account records manually or electronically, provided the format meets the requirements of the RPCs. Programs such as Quickbooks are very helpful, but you need to understand what the program is doing. Start with a check register. This is a chronological list of all transactions in the trust account. Each entry into the check register must include the date of the transaction, the person or entity providing or receiving funds, the amount, the associated client/matter, and the new account balance after that transaction. Make sure you enter every transaction including those involving bank fees and charges. You will also need a client ledger for each client. This is an individual record of all transactions relating to one client and/ or matter. These can also be in paper or electronic form. Every transaction for that client must be listed chronologically on his ledger. Include the date of the transaction, payee or payor, amount, purpose of the transaction, and the client s new trust account balance. If you have some of your own funds in the account for bank fees, make a ledger showing that as well. Deposits The deposit slip should include the date of the deposit, the amount, the related client or matter, and the name of the payor. Keep copies of the checks you are depositing and the deposit slip for a minimum of seven years. If you receive funds via wire or bank transfer, print out the receipt from the bank and manually note the payor and the client/ matter associated with the funds. If you plan to take credit cards for trust funds, you will need a separate merchant account number for processing these transactions directly into the trust account. You can t deposit all credit cards into one bank account, and then transfer it to another. Try to have the processor take merchant account fees out of your operating account. If they won t, you ll need to be diligent about replacing these funds immediately after they are withdrawn (i.e., client funds cannot be used to pay merchant fees). Disbursements Disbursements are payments out of the trust account. You can write checks, send wires, or make bank transfers. You cannot go to the bank and withdraw cash or take cash from an ATM. Before disbursing funds, make sure the client s deposit has cleared the bank. Check with your bank for its policy, but don t confuse available balance with

19 what has actually cleared. Typically, a 10-day waiting period is advisable. Wire deposits are cleared immediately, as are cash deposits. Beware of cashier s checks because it may take several weeks for a fraudulent cashier s check to bounce. By then, you could have made disbursements resulting in an overdraft of your account. The WSBA website posts information about fraud schemes as they become known. You can withdraw money to pay fees owed to you after you have sent an invoice or statement to the client and given them a reasonable amount of time to receive the invoice. If you are paying a cost, such a filing fee, for the client, you can remove the necessary funds without notifying the client, but it should be included on the next invoice. If you receive a settlement, prepare a settlement statement showing the disposition of funds and have it signed by the client. Finally, when a matter is concluded, you should refund the client s remaining balance. Reconciliations Each month when the bank statement arrives, you must reconcile the bank statement and the client ledgers. To reconcile the bank statement, start with the ending balance on the statement. Add to this amount any deposits that have since been made but don t appear on the statement. Subtract any checks you ve written, but also don t appear. The resulting total should be the same as the check-register balance. If it does not balance, make sure that all transactions have been entered in the check register, that the amounts of the checks and deposits are the same as what appears on the statement, and that your calculations are correct. To reconcile the client ledgers, total up each client s ledger balance as of the same date used for the bank reconciliation. Compare this to the check-register balance on that same date. These amounts should be identical. If not, use the same steps listed above to find errors. Keep a copy of both of these reconciliations. If you do this monthly, as the RPCs require, it is much easier to find errors quickly. Additional resources For more information about IOLTAs, the WSBA website provides a booklet titled Managing Client Trust Accounts, available at trustaccountbooklet pdf. Whenever you are dealing with trust accounts and questions arise, call the WSBA at or , or send an to Lainie Patterson is the WSBA random auditor. Her main responsibilities include conducting random audits and educating lawyers and their staff about trust account rules and regulations. Lainie holds a B.A. from Washington State University and a J.D. from the University of Washington. She can be reached at Foreign Concept: Explore working abroad before giving up on a legal career by Arundel Pritchett That there is a shortage of entrylevel law jobs is old news. When recently asked how many applications I had turned in before receiving an offer, I had no idea it must have been several hundred. It s easy to get discouraged and start thinking about other fields of employment. Taking on a non-law job while looking for a legal position may be a necessity to pay those omnipresent bills, but expanding your search field within the legal profession also can t hurt. I had a less-than-typical voyage to my current job, where I practice immigration law in Anchorage, Alaska. After taking the bar exam in Washington, I traveled to the United Kingdom to pursue an LL.M., and for a time found myself in the unique situation of being a Washington lawyer able to live and work in the U.K. The twists and turns of life meant I ultimately ended up back in the United States, but with a new understanding of how to be involved in the legal field as a foreigner. Probably the most important thing to consider when looking for jobs outside the state is that the economy is bad worldwide. Just as in the United States, lawyers abroad are working in other fields while looking for the elusive entry position. A Swiss lawyer friend working with children replies, Because I couldn t get a job, when asked about his career change. Nonetheless, opportunities exist for those who want to leave our fair shores. One option is to consider a position teaching American-style legal writing to foreign lawyers. With English being the current world language of commerce and industry, foreign or international corporate law firms sometimes employ native English-speaking attorneys to teach legalwriting skills to their local attorneys. While possibly not providing the high-paced courtroom action you may have envisioned as a 1L, such jobs usually offer decent pay 19 and provide an opportunity to see how law is practiced in another country. A major hurdle is locating such opportunities. While positions are sometimes posted on job search sites, unsolicited letters and extensive networking are often necessary. Know somebody who practices international business law? Ask him to mention to foreign colleagues that you are looking for such a position. Experienced legal writing instructors may be able to go abroad through grants such as a Fulbright. Volunteering or internships are other areas that are sometimes overlooked. Think you can t afford not getting paid? See if you can take advantage of the federal legislation regarding student loans to minimize payments, save up money from your barista job, and sublet your apartment for a few months. There are numerous forums to look for international volunteer opportunities, including the fabulous www. pslawnet.org. London-based Advocates for International Development (A4ID) maintains a database of international NGOs looking for volunteer lawyers at I interned at A4ID, and found a pro bono opportunity

20 at Minority Rights Group International through their database. You may find it more worthwhile to spend your jobless or underemployed time supporting human-rights organizations in the developing world instead of taking on a low-paying job in your hometown to make ends meet. The decision may spur a shortterm money crunch, but will ultimately boost your résumé and may spark a job prospect. Want more structure? Consider the Peace Corps or a similar organization. The cons include a longer assignment, but may provide benefits such as established healthcare and safety planning not to mention deferred student loans. Although I do not have personal experience with such service, I drooled over an apparently like-minded lawyer s blog: com/2009/03/lawyers-dont-surf.html. Another option is practicing American law abroad. The big international firms are a good place to begin a search, but there are American lawyers practicing federal law such as tax or immigration in many countries worldwide. Finding such work may necessitate extensive networking, not to mention assistance with obtaining a work permit, but the jobs do exist. Consider writing smaller American firms abroad to inquire about possibilities. There are, of course, some cons to working abroad. Beside the issues inherent to living abroad no matter what your situation (culture shock, anyone?), having a Washington law license means that you may not be able to act as, well, a lawyer. Not only might you not be able to practice in the foreign jurisdiction, but the system of law in that location might be so completely different as to be practically incomprehensible with an American legal background. Additionally, if you obtain your work/residence permit based on a particular job, the loss of that job might leave you both unemployed and without lawful residence status. But in my opinion, the benefits of living and working abroad not to mention the potential positive effects on your résumé far outweigh the negatives. Admit it: being underemployed somewhere exotic would be more thrilling than being underemployed wherever you live now. Arundel Pritchett is a staff attorney with the Alaska Immigration Justice Project in Anchorage. She can be reached at akimmigrationjustice.org. Santa Fe Hosts ABA YLD Fall Conference Future Meetings in Las Vegas and Seattle by Julia A. Bahner In mid-october 2010, new and young lawyers from around the country headed to Santa Fe for the American Bar Association (ABA) Young Lawyers Division (YLD) Fall Conference. After a pair of welcoming receptions, the official meeting began with a plenary session featuring Chief Justice Charles W. Daniels, of the New Mexico Supreme Court, who gave an overview about the unusual history of the state s legal system. After the plenary session, a variety of programs were scheduled throughout the weekend. CLE classes included 101 Basics of Native American Law, Drafting and Using Written Discovery, Ethics, Election Law, and the Elected Official, and Ethical Dilemmas in ADR. The conference also featured a timely CLE called The Legal Ramifications of the Gulf Oil Spill. Non-CLE workshops included Real Life Strategies for Young Lawyers in Tough Economic Times ; The Lawyer s Role in Disaster Response ; Developing Your Practice Through Speaking and Writing ; and Traditional Legal Tactics of a Nontraditional Legal Practice. An optional luncheon featured local Seattle attorney Grover E. Cleveland discussing his book, Swimming Lessons for Baby Sharks: The Essential Guide to Thriving as a New Lawyer. During the luncheon, Cleveland explained law-firm economics and encouraged young and new lawyers to think like business owners to succeed in their careers. A diversity program featured a panel discussing the ABA s recent report, Diversity in the Legal Profession: Next Steps. The discussion focused on the diversity initiatives that can be implemented at the local level through partnerships with the judiciary and local bar associations. Panelists included Justice Edward Chavez, of the New Mexico Supreme Court, and Raymond Hamilton, assistant U.S. attorney for the District of New Mexico. The YLD affiliate roundtable featured affiliate presidents and presidents-elect from across the country sharing ideas about how to increase membership and member involvement, increase diversity, and more successfully implement public-service projects. The conference also included a dinner-dance held at the Bonanza Creek Movie Ranch, a famous film-set location where movies such as Butch Cassidy and the Sundance Kid, Young Guns, and Lonesome Dove were shot. The dinner showcased local foods, with demonstrations from students of the Santa Fe School of Cooking. ABA YLD meetings are a great way to network with other young lawyers who have diverse backgrounds and experiences. The midyear meeting is scheduled for February in Atlanta. One additional meeting will be held on the West Coast this Bar year. The Spring Conference is scheduled for May in Las Vegas. See org/yld/spring11/ for more information. The 2011 Fall Conference will be held in Seattle on October Mark your calendars and look for more information on the ABA YLD and WYLD websites and in future issues of De Novo. Julia Bahner is the immediate past-president of the WYLD. She can be reached at hotmail.com. 20

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