whatcom county bar journal - whatcombar.org · page 2 whatcom county bar august 2017 public service...
TRANSCRIPT
B A R LU N C H
2017 WCBA Officers
President: David Brown
(360) 714-0900
Vice Pres.: Lisa Saar
Secretary: Nick Fay
Treasurer: Matt Conner
Journal Editor
Mr. Rajeev D. Majumdar
(360) 332-7000
WHATCOM COUNTY BAR
2017
JOURNAL AUGUST www.whatcombar.org
Top Stories! Pay it Forward 10-12 Whatcom Women Lawyers Wine Cruise: Photo Aftermath 4 With Hummingbirds - A Poem 6 Trump Administration’s Immigration Restrictions 7-8
Your Regular Favorites! The Presidents Column— “Public Service Announcement” 2 Classifieds— Jobs, office space & services! 3 Pro Bono Connection— “Pilot Wills and PoA Clinic” 5 Rajeev’s Musings— “Lazy Edition” 9 Fantastic Ads & Deals!— Our Proud Sponsors 13-17 Bar Meeting Minutes— No bar meeting in July n/a
Special Announcements!
“Success is walking from failure to failure with no loss of enthusiasm.” ~Winston Churchill “Try not to become a person of success, but rather try to become a person of value.” ~Albert Einstein “I have not failed. I’ve just found 10,000 ways that won’t work.” ~Thomas A. Edison
Superlative
Disclaimer: The information & various arti-
cles contained within this publi-
cation have not been checked for
accuracy. All opinions expressed
are those of the authors and do
not reflect the opinions of the Bar
Association, the Journal, or the
agents thereof.
The monthly bar lunch and meeting will not be held in August and will return in September, but the Editor strongly encourage you to eat lunch anyways as it is part of a balanced day and will keep you from crashing in the late afternoon.
WHATCOM COUNTY BAR AUGUST 2017 PAGE 2
Public Service Announcement
Jury Service forms part of the bedrock of our democracy. Our Constitu-
tion gives a great deal and asks for jury duty in return. I think nearly all
practitioners who regularly try cases to juries hope that those receiving
jury summons will promptly reply and appear for jury service, only seeking a waiver in cases of se-
vere hardship. However, jury duty is something that most folks think and know little about until
they receive an official looking summons in the mail.
Unfortunately, I have recently learned that identity thieves have begun taking advantage of this
uncertainty to try and con people into providing personal and financial information. The scam
artist will call and will claim that an individual failed to appear for jury service and will be arrested
if they do not provide personal or financial information. The following warning was posted on the
Federal Court’s Website:
“Juror Scams
WARNING: Bogus Phone Calls, Emails on Jury Service May Lead to Fraud
In various parts of the United States, citizens are being targeted by phone calls and emails, threatening them with
prosecution for failing to comply with jury service in federal or state courts.
In the calls and emails, recipients are pressured to provide confidential data, potentially leading to identity theft
and fraud. These calls and emails, which threaten recipients with fines and jail time if they do not comply, are
fraudulent and are not connected with the U.S. courts.”
My understanding is that this scam has been perpetrated against at least one person in Whatcom
County. Thus, we should all be alert for this scam if our clients are approached. Obviously, you
should advise your client never to provide any personal information to anyone over the phone.
Failure to appear for jury service in Washington is governed by RCW 2.36.170. While failing to ap-
pear for jury service is a misdemeanor, prosecution is unlikely. As a refresher, if one was actually
being pursued for failing to appear for jury service, it would be manifested in a criminal citation
mailed to the address of record for the individual by the prosecuting attorney’s office. No court
officials will ever ask for personal or financial information over the phone.
I hope everyone is staying safe and enjoying their summer.
The President’s Column By David Brown, WCBA President 2017
WHATCOM COUNTY BAR PAGE 3 AUGUST 2017
Office Space Available – Bellingham Towers - 119 N. Commercial Street – downtown! Just down
the street from City Hall, the Court House and the Federal Building. If interested please call 360-647-
1916 x 112 or email: [email protected]. Conference room available for Rent to Ten-
ants and Non-Tenants.
Classified Ads
Free to all WCBA members & firms
e-mail ad copy as MS Word .doc file to:
by the 15th of the preceding month
Questions? Call 360 527-9400
Attorney Available to Assist with Overflow Work. Former Sole Practitioner licensed in both Georgia and Washington, will assist with your Overflow needs; now you can have the part-time assis-tance you need, when you need it. Professional and dependable. Can work on-site or off-site at my own well-equipped home office. Rates variable by complexity of work; minimum 3 hours. Contact me directly as follows: Carol Sheppard (770) 366-8186 or [email protected].
Assistance in Serious Cases: Just moved to Bellingham. Recently licensed in Washington, with 42 years of trial experience in Texas, including lead counsel in 2 Capital Murders in the past two years, and 12 years as a trial judge. Available to assist in preparation and trial of serious cases - criminal and
civil. Contact: Norman E. Lanford, Sr., 512-751-1272, or [email protected].
Beautifully Updated, Courthouse-Located Office Space Available. 800 sf or more. Take it all or share with me. Furnishings/new light fixtures/decorations, and rent, negotiable. Also, CONFER-ENCE ROOM AVAILABLE for rent. Sharon Westergreen . 360-966-3800
WHATCOM COUNTY BAR AUGUST 2017 PAGE 4
Whatcom Women Lawyers Wine Cruise Photographic Evidence of Success
Photo provided by Maren Anderson, successful event organizer extraordinaire!
Key Left to Right: Jaylia Lewis, Ceci Lopez, Carrie Blackwood (above), Maren Anderson (below), Ann Vetter-Hansen (above), Rajeev Majumdar (below), Nick Berning (above), Sara Hulford (below), Maggie Peach (above), Annalise Martucci (below), Jennifer Slattery. Not in picture, but also on the boat: Jess Solem, Bethany Allen, Bob Butler & Emily Beschen.
WHATCOM COUNTY BAR PAGE 5 AUGUST 2017
Pro Bono Connection
Kirsten Barron
Aaron Brinckerhoff
Nick Fay
Sara Hulford
Eugene Keay
Rajeev Majumdar
Michael Martucci
Sallye Quinn
Dan Raas
Tom Resick
Lisa Saar
Phil Sharpe
Bruce Smith
Mara Snyder
Maureen Toomey
*As of press time
Thank you to our July Volunteer Attorneys*!
LAW Advocates Pilots Simple Wills & POAs Clinic
In partnership with Gail Smith and a team of vol-unteer attorneys, LAW Advocates will pilot a simple wills and powers of attorney clinic for low-income seniors, people with disabilities, and people with a terminal illness at the Blaine Sen-ior Center later this month. While LAW Advo-cates currently provides pro bono assistance with wills and powers of attorney, this clinic will be an opportunity to efficiently serve more clients and reach out to community members outside of Bellingham. Additionally, newer attorneys can learn the skills needed to assist with wills and powers of attorney by partnering with more ex-perienced attorneys in this program. According to the US Census, the proportion of older adults (65+) is projected to increase from 13.7% of the population in 2012 to 20.3% by 2020 and up to 21% of the population by 2040. One could ex-pect that the demand for legal services for older adults will likely increase with the rising popula-tion. For attorneys this clinic serves as both an opportunity to serve low-income people and an opportunity to practice new skills or share their expertise. Additional clinics will be hosted as part of this pilot programs at other locations throughout the county over the next year.
Interested in Volunteering at the Wills and POAs Clinic? New & Experienced
Attorneys Welcome!
Monday, August 28th Monday, September 11th
1:00 pm Blaine Senior Center
Volunteers Should Plan to Attend Both Dates Contact Nikki at LAW Advocates to sign up.
If these dates don’t work for you but you’d like to volun-teer a future clinic (dates & locations TBD), contact Nik-
ki: 360-670-6079 ext. 10 or [email protected]
Have you seen LAW Advocates at Downtown Sounds?
Come say “hi” at our booth during the final event of the season: Wednesday, August 2nd
Live Music at 6pm 1300 block of Bay Street
Thank you for joining the Campaign for Equal Justice and LAW Advocates at Beer & Justice at Chuckanut Brewery on July 20th.
We hope to see you again next year!
WHATCOM COUNTY BAR AUGUST 2017 PAGE 6
With Hummingbirds Walking today along the shoreline My body carries a sense of beingness, An orb of consciousness floating, Through the world amazed. This is no matter for understanding, But of feeling and impressions, Time and space streaming by And through and in me. Breezes off the water from the mountains, Cooing mourning doves play above, Glistening greenlight surrounds As we move in this dance. The clutter, clatter, chatter of distraction, Someone told me something forgotten, Who owes what, who knows what… Gone now, like leaves fallen. The light in the head; beat of the heart Is enough to move me onward, Ignorant of everything except How good it is to be alive. I do not want to see a soul today, not today. Lives go on, kindness abounds, Yet stillness and quietness Hold me now in their arms. The tide changes, clouds recede, summer. These are the timepieces of my day, Caught in the garden flowers With hummingbirds. Jim Doran, WSBA# 15107 7.03.17
WHATCOM COUNTY BAR PAGE 7 AUGUST 2017
ACROSS THE LINE: BORDER & IMMIGRATION UPDATE By Scott Railton Cascadia Cross-Border Law [email protected]
1305 11th Street, Suite 301 Bellingham, WA 98225 Tel: (360) 671-5945 www.cascadia.com
Immigration restrictions are one of the defining characteristics of the Trump Administration, which is now about six months in. Each week it is something new. Here are some of the lat-est developments:
• The Supreme Court will take up the travel ban cases this fall. In the meantime, the Court permitted a revised, limited ban to go forward. Of course, more lawsuits commenced, seeking clarity on SCOTUS’s order, including whether grandparents are banned.
• Meanwhile, consulates in certain countries aren’t issuing visas like they have in the past. Consular officers have many ways to deny and/or delay visa applications, with or without an official travel ban. There is no judicial review of visa denials. Some consulates have always been tougher than others, but this is different. Recently, I’ve heard of some 35 Pa-kistani doctors who were unable to get visas for unexplained reasons. Long-time practi-tioners say they’ve never seen anything like it.
• The U.S. Trade Representative notified Canada and Mexico that it wishes to renegotiate the terms of North American Free Trade Agreement (NAFTA). Public comments were ac-cepted, and three days of hearing were held in Washington D.C. to gauge priorities. The focus of the discussion seems to be on trade (think Detroit/Toronto auto industry; soft-wood lumber), but trade in services was discussed. Some calls were made to update the list of NAFTA TN professions to include Software Designers, Financial Analysts, IT Consultants, Physician Assistants, and Nurse Practitioners. There is a need for an update, as the list is nearly 25 years old, but there is great fear that the list will be excessively limited. We will be monitoring NAFTA TN developments closely.
• The Deferred Action for Childhood Arrivals (DACA) program continues for now. This program allows certain undocumented "Dreamers" to get temporary work authorization and avoid deportation. President Trump seems in favor of the program. However, several states have joined to challenge the program, and DHS Secretary Kelly says the program may need to end. Attorney General Sessions, historically an opponent when he was in the Senate, is equivocal on whether he will defend the program. Other Obama measures, such as relief for parents of U.S. citizens, have already been officially rescinded.
• The Administration indicates it may cancel the humanitarian form of relief called Tempo-rary Protected Status for a number of countries. This status is given to persons in the U.S. from certain countries are one of the defining characteristics of the Trump Administra-tion, which is now about six months in. Each week it is something new. Here are some of the latest developments:
(Continued on page 8)
WHATCOM COUNTY BAR AUGUST 2017 PAGE 8
• The Supreme Court will take up the travel ban cases this fall. In the meantime, the Court permitted a revised, limited ban to go forward. Of course, more lawsuits commenced, seeking clarity on SCOTUS’s order, including whether grandparents are banned.
• Meanwhile, consulates in certain countries aren’t issuing visas like they have in the past. Consular officers have many ways to deny and/or delay visa applications, with or without an official travel ban. There is no judicial review of visa denials. Some consulates have always been tougher than others, who’ve had major crises, such as Nepal and Haiti in re-cent years..
• “Sanctuary cities” are another well-reported flashpoint. President Trump has issued an or-der to review defund designated as sanctuary cities, and AG Sessions has actively been speaking out on the subject.
• The Pentagon is looking at canceling its Military Accessions Vital to the National Interest program, which provided a path to naturalization for persons who enlist and who are vital to the national interest. Examples include Iraqi interpreters and specialized medical work-ers for the military. Our colleague Margaret Stock has been a driving force in the success of this wonderful program. It would be a shame for the program to be pulled, since the troops get much needed support from certain persons with vital skill sets. It's not hard to fathom that we should take care of interpreters who are helping us fight terrorism.
• The President’s budget includes substantial funding for the wall and for more boots on the ground for immigration enforcement. It includes $1.5 billion for added interior enforce-ment and $2.6 billion for Customs and Border Protection. Expect a full-on debate on these figures soon in Congress.
(Continued from page 7)
WHATCOM COUNTY BAR PAGE 9 AUGUST 2017
Ramblings of a Small Time Country Lawyer ~By Rajeev!
Lazy Edition!
Subtitle the first: Stuck in WSBA BoG Meeting, cannot write. :( Me, working on BoG stuff Subtitle the Second: I stole this off the internet, no author attributed.
WHATCOM COUNTY BAR AUGUST 2017 PAGE 10
Pay It Forward
By Robin K Mullins
Having worked around the local legal community (as a non-attorney) for more dec-ades than I care to think about, I’ve come to the conclusion most people are perplexed and out of their depth when they are suddenly thrust into the civil justice system. But the lack of knowledge and understanding pale next to the cost of being involved in almost any type of civil litigation. Last I heard surveys show over 80% of the people in Washing-ton can’t afford to work with an attorney.
Realizing that my part in the legal system (process server, private investigator) adds to the cost barrier encountered by most people, I decided to do what I could to low-er that barrier. So for the past 15 to 20 years I’ve worked to find ways to do exactly that.
One of my favorite movies is a little cult classic named Pay It Forward starring Kev-in Spacey and Helen Hunt. Many of you are probably familiar with it. The basic idea is that when someone does you a favor you don’t necessarily return the favor to him or her. Instead you “pay it forward” by doing favors for other people who need one in the mo-ment.
The local legal community has done me a lot of favors over the years. In any real sense these were favors I couldn’t really pay back. So I make a point, as often as I can, of paying favors forward. And in my situation it is easy to do.
For instance, the other day a young woman came into my office. She needed a re-straining order served on a man who had sexually assaulted her. When I mentioned our fee for doing the service she got a concerned look on her face and said she would have to talk to her parents. I asked her a few questions and quickly realized she couldn’t af-ford the service fee. I told her the fee was waived and we would do the service for free. The relief on her face was more than enough payment.
A couple of years ago I started an attorney referral service. At first I tried collecting a fee for the referral. After all, that is what most referral agencies do, including those run by county Bar associations. As time went along it became obvious most people couldn’t afford the fee. So I dropped it.
What’s become very interesting about the referral service is the realization most people fall into one of three categories.
• The person doesn’t need an attorney, instead they need someone to listen to them. Most of the calls I take are in this category. I’ve spent 15 to 20 minutes simply listen-ing to a person describe their situation. Sometimes I give them suggestions (of a non-legal nature) on what they might do to resolve their issue. You would be AMAZED at how often the person goes away happy simply because someone listened to them.
(Continued on page 11)
WHATCOM COUNTY BAR PAGE 11 AUGUST 2017
• The person needs an attorney but can’t afford one. A lot of listening happens here too but generally one of three things might happen. First, and most likely, I direct the per-son to one of the great programs run by LAW Advocates. Just this morning I had a call from an elderly woman whose landlord had put an eviction notice on her door. I di-rected her to the Tenant Clinic which just happened to be set for this very afternoon. Second I refer the person to an attorney I know of who has a kind heart and might at least listen a bit. Third, I don’t make any referral.
• The person can afford an attorney. I’ll question them about their situation and then re-fer them to a local attorney who I happen to know does the kind of work they need done.
All of these are favors being paid forward. No fees are charged. It is simply helping someone I don’t know, and to whom I will probably never speak to again, navigate our justice system.
This brings me to the purpose of this article. I need a favor from you. It is not a big one. It won’t take a lot of time. But it will really help me and our fellow citizens of What-com County who are involved in our local justice system.
The Favor
For the public, one of the most important features of the Whatcom Local Law web-site is the Attorney Directory. But it only works if there is good information in it.
The favor I need is for you, if you haven’t already done so, to go into your profile on www.whatcomlocallaw.com, fill in the blanks, and click on some check boxes to flesh out your profile.
Do this and I promise you, it will be paid forward a thousand fold.
Here’s How
To edit your profile you must first login to the site. If you don’t have your password just let me know ([email protected]) and I’ll get it to you. Once you’re logged in then let your mouse hover over the Home tab. When it flies out choose the appropriate Edit link.
Areas of Practice
Scroll down a ways and you’ll find several dozen AOPs available on your profile. It only takes a few moments to scan through them and check off the ones you want.
If you don’t find the AOPs you want then you can use the text field you’ll find right after the AOP check boxes. It is completely free form so you can put in what you want.
(Continued from page 10)
(Continued on page 12)
WHATCOM COUNTY BAR AUGUST 2017 PAGE 12
More About You
This is a totally free form field which allows you to talk about yourself and your firm. It has a set of editing tools available. You can change the font color and size; underline, italicize and bold; create bulleted text or numbered outlines, etc.
There is a little trick you should know about this feature. You need to click on a cer-tain icon to display an extra row of text editing tools.
When you first see it it looks like this. But if you click on the indicated icon the tool bar will expand and present additional tools for marking up your text.
Questions or Need Assistance?
Call Robin at 360-671-2455 or email at [email protected].
Making the World a Better Place – One Favor at a Time
(Continued from page 11)
WHATCOM COUNTY BAR AUGUST 2017 PAGE 14
Business keeps booming! Seeking additional, experienced family law associate.
Business keeps booming! Top-rated family law firm in Snohomish County seeks expe-
rienced, family law associate attorney to help keep up with our demand by joining our
A-team roster. The ideal candidate will have a proven record of managing multiple cas-
es independently, exceptional attention to detail (including self critique), excellent
written and verbal communication skills, be comfortable with aggressive litigation on
behalf of our clients (including motion practice, mediation, and trial), and will share
our commitment to providing superior client service. 2-3 years' experience in family
law litigation is REQUIRED for consideration, as candidate will be expected to hit the
ground running without further training. Comp package of $100,000.00+ DOE and
billable hour requirements and includes comprehensive medical/dental benefits, annual
productivity bonus, and employer funded 401-K. Please e-mail your cover letter, re-
sume, writing sample(s), professional references, and law school transcript (if passed
the Bar within the last 4 years) to [email protected].
WHATCOM COUNTY BAR PAGE 15 AUGUST 2017
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WHATCOM COUNTY BAR AUGUST 2017 PAGE 16
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WHATCOM COUNTY BAR PAGE 18 AUGUST 2017
Advertise in the Newsletter
RESORT TO CHEAP SELF-PROMOTION!
Admit it. You read the ads in the Newsletter to see what’s going on. So does everyone else. If you have a service to offer to your colleagues in the local legal community — or if you just want to show off — you won’t find a cheaper, easier way to do it.
1/2
1/4
1/8
1/8-page . . . $35/mo. 2.46”H x 3.86”W
1/4-page . . . $50/mo. 5.00”H x 3.86” W
1/2-page . . . $75/mo. 5.00” H x 7.90” W
full page . . . $100/mo. 10.00” H x 7.90” W
And it’s easy to place your ad E-mail your ad as an MS Word .docx, MS Publisher .pub, .JPG, .GIF or .pdf file to:
We’ll get it in the next issue and bill you. Pre-size the ad if you know how. Otherwise, tell us the size you want. Questions? E-mail Editor Rajeev at the above e-mail address, or call (360) 332-7000 .