ethics smorgasbord

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News S C B A October 2015 The official publication of the Snohomish County Bar Association Volume 43 Number 9 Snohomish County Bar Association Presents Ethics Smorgasbord November 4, 2015 9:00 a.m. to 12:15 p.m. Philip Buri, Buri Funston Mumford PLLC Charity Anastasio, Pracce Management Advisor Law Office Management Assistance Program Washington State Bar Associaon Jeanne Marie Clavere, Professional Responsibility Counsel Washington State Bar Associaon Ethics from the Perspecve of a Praccing Aorney - Fee Agreements Client Communicaons - Social Media - Aorney Communicaons Ethics Ethics of Joint Representaon - Civility and Professionalism - Confidenality Robert J. Drewel Building, Meeting Room #1, First Floor 3 Ethics Credits Pending Free to members $125.00 non-members RSVP with the SCBA Office (425) 388-3056

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Page 1: Ethics Smorgasbord

News

SCBA

October2015

The official publication of the Snohomish County Bar Association

Volume 43Number 9

Snohomish County Bar AssociationPresents

Ethics SmorgasbordNovember 4, 2015

9:00 a.m. to 12:15 p.m.

Philip Buri, Buri Funston Mumford PLLC

Charity Anastasio, Practice Management Advisor Law Office Management Assistance ProgramWashington State Bar Association

Jeanne Marie Clavere, Professional Responsibility Counsel Washington State Bar Association

Ethics from the Perspective of a Practicing Attorney - Fee AgreementsClient Communications - Social Media - Attorney Communications EthicsEthics of Joint Representation - Civility and Professionalism - Confidentiality

Robert J. Drewel Building, Meeting Room #1, First Floor3 Ethics Credits Pending

Free to members $125.00 non-membersRSVP with the SCBA Office (425) 388-3056

Page 2: Ethics Smorgasbord

2 Snohomish County Bar News - OCTOBER 2015

SCBA News

Published by theSnohomish County

Bar AssociationP.O. Box 5429

Everett, WA 98206

Laurie UmmelEditor

Terri CallantineMagazine Production

Joyce WoodExecutive [email protected]

Snohomish County BarAssociation Officers

Kari PetrasekPresident

Gurjit PandherVice President

Michael O’MearaTreasurer

Laurie UmmelSecretary

TrusteesAnn BriceTom Cox

Jacob GentJoel Nichols

Danielle PrattJennifer Rancourt

Jason SchwarzWilliam Sullivan

Website:Terri Callantine

© 2015 bySnohomish County Bar Association.

Printed by the SCBA

All editorial material including editorial comment appearing herein represents the views of the respec-tive authors and does not necessarily carry the en-dorsement of the Association or the Board of Trust-ees. Likewise, the publication of any advertisement is not to be construed as an endorsement of the prod-uct or service offered unless it is specifically stated in the ad that there is such approval or endorsement.SCBA News is published monthly by the Snohom-ish County Bar Association, P.O. Box 5429, Everett, WA 98206.

Send changes of address to:Snohomish County Bar AssociationP.O. Box 5429, Everett, WA 98206

InsIde ThIs Issue

AdverTIsIng And submIssIons

ConTACT us

SCBA Office: (425) 388-3056 / e-mail: [email protected]

SCBA Fax: (425) 388-3978

Web site: www.snobar.org

Lawyer Referral Service: (425) 388-3018

Announcements: SCBA members only. Contact Joyce Wood at (425) 388-3056 or [email protected].

Classifieds: Please contact Joyce Wood for rates and submission guidelines at (425) 388-3056 or at [email protected].

Submissions: Contact Joyce Wood at (425) 388-3056 or at [email protected].

Deadline: Copy must be received (not postmarked) by the 15th of each month for the subsequent issue. No cancellations will be accepted after the deadline. Please submit to the SCBA office at P.O. Box 5429, Everett, WA 98206, Microsoft Word Format (Mac or PC) by e-mail. WordPerfect users, save your files in either MS Word format or Rich Text format (RTF).

« Calendar of Events

« Superior Court Assignments

« From the Desk of the President

« The Lawyer's Road Review ~ Atticus Finch, Homo Sapiens

« Snohomish County Young Lawyers

« Snohomish County Superior Court & County Clerk Notices

« Snohomish County District Court Notice

« Snohomish County Prosecuting Attorney Notice

« CLEs

« Announcements

« Advertisements

Like us on Facebook

Page 3: Ethics Smorgasbord

OCTOBER 2015 - Snohomish County Bar News 3

sCbA CAlendAr of evenTs

superIor CourT AssIgnmenTs

March 201612th SCBA Annual Dinner 14th Young Lawyers Division Meeting 15th Deadline SCBA Newsletter 17th SCBA Board of Trustees Meeting 21st Family Law Section Meeting

January 2016 1st Courthouse Closed 11th Young Lawyers Division Meeting15th Deadline SCBA Newsletter 18th Courthouse Closed21st SCBA Board of Trustees Meeting25th Family Law Section Meeting

February 2016 8th Young Lawyers Division Meeting 15th Deadline SCBA Newsletter 15th Family Law Section Meeting17th CLE Draeger Alcotest 9510 18th Board of Trustees Meeting 25th Courthouse Closed

November 2015 4th CLE Ethics Smorgasbord 9th Young Lawyers Division Meeting 15th Deadline SCBA Newsletter 16th Family Law Section Meeting 19th SCBA Board of Trustees Meeting 26th & 27th Courthouse Closed

December 201514th Young Lawyers Division Meeting 15th Deadline SCBA Newsletter 17th SCBA Board of Trustees Meeting 21st Family Law Section Meeting 25th Courthouse Closed

October 2015 1st Swearing In Ceremony 12th Young Lawyers Division Meeting 15th Deadline SCBA Newsletter 15th SCBA Board of Trustees Meeting 19th Family Law Section Meeting

Presiding Judge: Judge Michael T. Downes Trial Calendar Call and Motions to Continue Trial Dept. 2 Juvenile Court: Judge Lucas Judge Kurtz

Commissioner Stewart

Civil Motions: Judge Farris Sept 28-Oct 9 Judge Bowden Oct 12-23 Judge Judge Oct 26-30 Criminal Hearings: Judge Fair Sept 28-Oct 7 Judge Krese Oct 8-9, 15-16, 22 & 29 Judge Judge Oct 12-14 & 19-21 Judge Dingledy Oct 23 Judge Farris Oct 26-28 Judge Downes Oct 23 & 30 Criminal Motions: Judge Weiss Sept 28-Oct 2 Judge Fair Oct 5-9 Judge Judge Oct 12-23 Judge Farris Oct 26-30 Criminal Dept. Judges: Judges Wynne, Farris, Krese, Bowden, Fair, Weiss, Appel Civil Dept. Judges:2 Judges Wilson, Okrent, Ellis, Dingledy, JudgeEx Parte/Commissioner Civil Motions:1 Commissioner BrudvikFamily Law Calendars:1 Commissioners Waggoner, Gaer and TinneyPlease note: All assignments are subject to change without notice and assignments may not change on the first day of the month.

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4 Snohomish County Bar News - OCTOBER 2015

from The desk of The presIdenT

kArI peTrAsek

It is hard to believe that fall is upon us once again. It seems like just yesterday we were celebrating the New Year, and now kids are back in school, the football season has started once again, Halloween candy has been in the stores for at least the past month, and there is talk about holiday shopping and 2016 already. Along with fall comes the pretty fall colors in the trees, leaves on the ground, shorter days, sometimes wetter weather, as well as, and perhaps most enjoyable this year, cooler temperatures. In the legal community, fall also means another swearing-in ceremony for new admittees who just passed the bar exam. This year, that ceremony will take place at Snohomish County Superior Court on October 1 at 4:00 PM.

Each swearing-in ceremony makes me think back to my law school days. I am sure many of you feel as I do: It is truly amazing how much time has passed since law school, and at each ceremony, it gets further and further in the past. Perhaps you also think back on your law school days, whether it is at the anniversary date of your law school graduation or the date you learned that you passed the bar exam or the date you were sworn in as an attorney. Do you ever think back about what piqued your interest in the legal profession and caused you to attend law school? Did someone talk to you about becoming an attorney? Did you watch a lot of legal dramas on television or at the movie theater? Did you perhaps participate in a mock trial program while in high school or college? Maybe it was because you wanted to make a lot of money or because you wanted to help people and give back to the community. With the advent of a new fall and another swearing-in ceremony for new admittees with hopes and dreams of what their legal career will look like, I turn to you and encourage you to become more involved in the community and give back. There are several ways you can become more involved in the Snohomish County Bar Association. One way is to become a mentor. These new admittees are looking for advice, someone to bounce an idea off of, have coffee with, and possibly someone to help them with their first case. If you are interested in becoming a mentor, please contact me at [email protected].

One of the easiest ways of getting more involved is by attending SCBA events such as the

upcoming Ethics CLE (November 4) or Ex Parte Mixer in November. These events are included with your SCBA membership, so why not take advantage of these great events and attend? Another way to become involved is to write a book review. A new feature in our SCBA newsletters, starting with this one, will be periodic book reviews on books found interesting by our readers. If you have read a book you think our members would also enjoy, send us a short review to include in an upcoming newsletter. In this newsletter, there is a review on the book “The Widow Wave.” And, if you would like to get super involved and be on the SCBA Board, look for details in this issue on how to apply to be a Trustee. We have four spots on our Board that come up for election every year.

As the leaves change color and fall to the ground, I hope you will turn over a new leaf and consider becoming involved in one of the many events or activities offered by the SCBA. See you soon at an upcoming event!

The lAwyer’s roAd revIew

by peTe pATTerson

Atticus Finch, Homo Sapiens There has been a lot of commentary about the

newly released Go Set A Watchmen, Harper Lee’s se-quel to the venerated To Kill a Mockingbird. Most of the commentary is just a matter of labeling the former hero Atticus Finch as a “racist,” just the latest entry into America’s litany of unseated heroes.

You can use that term, “racist,” but it is pithy and has unfortunately fails to weigh the time the author wrote it; a time of culture war like we presently live through in the wake of Obergefell v Hodges. Atticus is a small town lawyer bringing along another small town associate and both have to live and try to make a living in 1950’s Alabama following what appears to be the decision in Brown v. Board of Education. So he and his associate, the love interest for Scout, now a 26 year old young woman, Jean Louise, attend meetings and say things that they ought not to if this were 1985, and would be outright scandalous in 2015.

We know it is a period piece because black people are referred to as “Negroes.” This should be a signal to anyone seeking to impress modern concepts of race relations to a time following the Second World War that they need to weigh the time and the people and their history to that point.

Maycomb is a small town filled with people of

Page 5: Ethics Smorgasbord

OCTOBER 2015 - Snohomish County Bar News 5

snohomIsh CounTy

young lAwyers

limited experience. Decisions from the Supreme Court are harder to take there than elsewhere and come down as impositions.

It was hard to read some of the things that were said about black people then, harder to read what Atti-cus said, calling them backward and unable to govern. His comments about the NAACP however reflect a couple of things.

First, the televised documentary about Harper Lee which aired just prior to the release of this book showed she was a great admirer of Martin Luther King, but tended to think the more demanding ap-proach of other civil rights leaders were counter-productive. I think she used Atticus to reflect her own feeling.

If we recognize she wrote Watchman before Mock-ingbird, perhaps we see a migration of maturation of her own feelings and beliefs about race relations.

Second, I identified with Atticus in one respect; the client, regardless of race, comes first. He insists that taking the case of a black man, grandson of the fam-ily’s long time servant, who is accused of manslaugh-ter in a fairly apparent conviction bound fact pattern, rather than allow the NAACP to represent him. He accused the NAACP of using a man so accused to ad-vance their own agenda, rather than really care about the result for the client. I can say I have been there witnessing how men’s rights groups or other causes tend to sweep up individuals and use them for their own needs, rather than focus on what is in the client’s best interest.

Lost in the outrage of what Atticus says in this novel is a portrayal of the life women were expected to lead in the period and Lee’s commentary of the restrictive environment. Jean Louise has been living independently in New York and as the book opens is returning to Maycomb for a visit. She encounters a matronly aunt who always wears a corset, referenced I suspect as a metaphor for the strict role women had in post war Alabama. The gathering of women of the town called a “coffee” she is made to attend in her honor is heavy with incessant banality and the hope-less life of mandated housewifery. The assembled faithful have very little to say except to repeat a cer-tain set of values are “correct” and comment about those who have strayed from the norm.

So the book is also a lament about the place of women of the time. I sense from my own experience the advancement of women in society has not entirely grown to a respect of place in the world far beyond the role 1950’s Maycomb would impose on them.

Equally buried in the outrage over this Atticus is a state’s rights issue. Scout’s commentary about Brown

references her being furious the Supreme Court for what she considered to be over active use of the 14th Amendment. She says “in trying to satisfy one amend-ment it looks like they rubbed out another one. The Tenth. It’s only a small amendment, only one sentence long, but it seemed to be the one that meant the most, somehow.”

She is referring to who gets to decide the pace of societal change, each state or the federal government. Amendment Ten reads:

Reserved Powers of the StatesThe powers not delegated to the United States by

the Constitution, nor prohibited by it to the States, are reserved to the Stats respectively, or to the people.

Jean Louise is at once a champion of civil rights, revolted by the standards of her hometown and fam-ily, yet it appears she also has a specific constitutional path she seeks to address the injustices she encounters. Actually she seemed as irritated as the population of her town was at the supreme imposition, yet unlike so many residents of Maycomb, agreed with the re-sult. “...when it comes down to it we don’t have much check on the Court, so who’ll bell the cat?” she asks.

In the end we see Atticus Finch as just a man, a good man, yet a realistic product of his environment with all its injustice. Like now, decisions addressing these issues announced in far off Washington DC left those in the rest of the country the task of reconciling their assumptions and values of how life is with a new ethic, distilled into law.

Atticus can only do his best, limited by his own humanity. He does not accept the outcome of Brown v. Board of Education. He is not the saint his 8 year old daughter once knew.

Attention Snohomish County Young Lawyers: We will be having our next monthly meeting at

Emory’s on Silver Lake, located at 11830 - 19th Ave SE in Everett on Monday, October 12, 2015 at 5:00 p.m. Members are welcome anytime between 5 and 6 pm.

All members are invited to attend! Any active member in the Snohomish County

Bar Association is a young lawyer until the person is 36 years of age or until the fifth year in which any member has been admitted to practice, whichever is later. We look forward to seeing everyone on Monday!

Page 6: Ethics Smorgasbord

6 Snohomish County Bar News - OCTOBER 2015

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TELEPHONE: (425) 339-8556FACSIMILE: (425) 339-2353

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Judge Ronald l. CastlebeRRy (Ret.)is pleased to announce his availability for

Arbitrations and Mediations

Please contact Connie Senyitko at adams & dunCan

to schedule hearings with Judge Castleberry.425.339.8556 - [email protected]

P.S.I. INVESTIGATIONS LLC

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We provide you and your clients with the best possible results on each and every assignment.

YesÉÉwe also offer discounted corporate and public defense rates to our clients.

Christine A. MayoueFamily Law [email protected]

King/Snohomish County• Unbundled Services• Full Representation

______________________11300 Roosevelt Way N.E., Ste. 300Seattle, WA [email protected]

Page 7: Ethics Smorgasbord

OCTOBER 2015 - Snohomish County Bar News 7

Integrity | Respect | Accountability | Teamwork

CERTIFICATE OF DISSOLUTION The Washington State Department of Health has changed their Certificate of Dissolution form. The form, which is used to report dissolutions and the invalidity of marriages, is changing from a half-sheet to a full sheet; the content remains unchanged. The Clerk’s Office is transitioning to the new form immediately although the old version will be accepted until December 31, 2015. The new version is available at the Clerk’s Office website: http://www.snohomishcountywa.gov/DocumentCenter/Home/View/24765. Any questions regarding this form should be directed to Karen Hersch, Judicial Finance & Budget/Fiscal Manager, at Karen.Hersch.snoco.org or 425-388-3544.

“A Tradition of Service and Excellence” Snohomish County Clerk Ex Officio Clerk of Superior Court

Sonya Kraski County Clerk

Criminal Defense and Military JusticeI invite, appreciate, and thank you for your referrals in

all criminal and military matters.

Michael J. AndrewsFormer Special Assistant U.S. Attorney

and JAG Corps Officer

Law Offices ofCogdill Nichols Rein Wartelle Andrews

3232 Rockefeller AvenueEverett, WA 98201

(425) 259-6111

Page 8: Ethics Smorgasbord

8 Snohomish County Bar News - OCTOBER 2015

Unlawful Detainers

The Law Office ofRob W. Trickler PLLC

www.Allcountyevictionsonline.com

Are welcoming referrals for Landlords with landlord tenant matters

425-303-80003102 Rockefeller Ave

Everett, WA 98201

Rob Trickler is the current president of the Washington Apartment Association (WAA)

and Landlords Association of the North Sound and WAA delegate to Washington

Rental Housing Industry Coalition Mediation

Wayne P. Pellegrini

Law Office of Hansen, McConnell & Pellegrini

Family Law Mediation/Arbitration

Dispute Resolution/Mediation Training Experienced, Knowledgeable, Dedicated

Collaborative Law Title 26 Guardian ad Litem 20 Years Experience

1636 Third Street Marysville, WA 98270

www.thirdstreetlaw.com

(360) 658-6580

Page 9: Ethics Smorgasbord

OCTOBER 2015 - Snohomish County Bar News 9

Integrity | Respect | Accountability | Teamwork

SNOHOMISH COUNTY SUPERIOR COURT & COUNTY CLERK TO IMPLEMENT STATE’S NEW CASE MANAGEMENT SYSTEM… In July 2013, in partnership with Superior Court and County Clerk representatives, following a full procurement process, the Washington State Administrative Office of Courts (AOC) entered into a multi-year contract to implement Tyler Technologies' Odyssey Case Management System (CMS). Since that time project work has been ongoing with the successful implementation of the pilot court, Lewis County, in June of this year. The project team is now working with early adopter counties (Franklin, Thurston and Yakima), which are scheduled to “go live” November 2, 2015. Snohomish County Superior Court and County Clerk will implement the new CMS in May 2016 and will be the largest county in the state implementing the new system as both King and Pierce Counties have opted out of the project. Each Superior Court/County Clerk will implement the CMS according to an established timeline, with completion by 2018 of 37 of the 39 counties. The new CMS will offer the Superior Court and County Clerk new opportunities to leverage technology and improve efficiencies. As some of you may know, the current Superior Court Management Information System (SCOMIS) was developed in 1977. Obviously business and technology needs have evolved considerably in the past four decades. SCOMIS is difficult to change, costly to maintain, and has limited ability to integrate with newer applications. The CMS will also include a document management system (DMS) module, which will replace the Clerk’s existing electronic document management system (EDMS), High View. Odyssey has a public portal through which publicly available court records can be accessed, similar to what many of you are already doing using our High View system. Additionally, while e-filing is not part of Snohomish County’s initial implementation, Superior Court and County Clerk are discussing e-filing as the next logical phase and priority of the project; however, no timeline has been set at this time. As stakeholders or users of our current EDMS, it is important that you are kept informed of our progress. You can review statewide project information on AOC’s website at the following link, and you are encouraged to read the FAQs for the CMS and DMS: http://www.courts.wa.gov/index.cfm?fa=home.sub&org=sccms A project team comprised of representatives from the Snohomish County Superior Court, County Clerk, and Department of Information Services, is working together on the planning and the preparation for the CMS implementation. Please feel free to share this message with your staff or customers as necessary. If you have questions regarding the project, please email them to: [email protected].

“A Tradition of Service and Excellence” Snohomish County Clerk Ex Officio Clerk of Superior Court

Sonya Kraski County Clerk

M/S 605

3000 Rockefeller Avenue Everett, WA 98201-4046

(425) 388-3466 Fax (425) 388-3806

Page 10: Ethics Smorgasbord

10 Snohomish County Bar News - OCTOBER 2015

WORKERS’ COMPENSATION

We welcome and appreciate your referrals of workers’ compensation claims.

Farley & Dimmock, LLC

Our firm is well-staffed to accept referrals of industrial injury or occupational disease claims. We have extensive experience handling claims with the Department of Labor & Industries and self-insured employers and, when necessary, litigating matters before the Board of Industrial Insurance Appeals.

Timothy J. Farley Andrew S. Dimmock2012 - 34th Street

Everett, WA 98206425-339-1323

www.farleydimmock.com

Page 11: Ethics Smorgasbord

OCTOBER 2015 - Snohomish County Bar News 11

Superior Court of the State of Washington for Snohomish County

JUDGES

THOMAS J. WYNNE ANITA L. FARRIS LINDA C. KRESE

GEORGE N. BOWDEN ELLEN J. FAIR

MICHAEL T. DOWNES ERIC Z. LUCAS

DAVID A. KURTZ BRUCE I. WEISS

GEORGE F.B. APPEL JOSEPH P. WILSON

RICHARD T. OKRENT JANICE E. ELLIS

MARYBETH DINGLEDY MILLIE M. JUDGE

SNOHOMISH COUNTY COURTHOUSE M/S #502

3000 Rockefeller Avenue Everett, WA 98201-4060

(425) 388-3421

PRESIDING JUDGE MICHAEL T. DOWNES

COURT COMMISSIONERS

LESTER H. STEWART JACALYN D. BRUDVIK TRACY G. WAGGONER

SUSAN C. GAER LEE B.TINNEY

SUPERIOR COURT ADMINISTRATOR MARILYN J. FINSEN

Snohomish County Superior Court is accepting NEW applications for the following separate Pro Tempore lists:

1. Superior Court Commissioners’ calendars; 2. Civil Commitment calendars;

All applications must include:

1. A resume, which outlines the applicant’s professional knowledge, skills, years of experience, training/ certifications, professional affiliations and references.

2. A cover letter, which specifies which opportunities for which the applicant is applying. The letter must indicate the number of years of experience in the area of family law, civil commitment, and/ or juvenile law. The cover letter must indicate the applicant’s ability to accept assignments on less than 24 hours’ notice.

3. A copy of the applicant’s Washington State Bar Association card.

4. A signed release allowing the Washington State Bar Association to disclose complaint and resolution information to the Court Administrator. ( A copy of the disclosure form is available by contacting Shawnee Schaeffer or Janine Bombach)

All applications must be postmarked by October 30, 2015 and addressed to: Marilyn Finsen, Court Administrator Snohomish County Superior Court 3000 Rockefeller Avenue, M/S 502 Everett, WA 98201-4060 The names of the applicants and application documents are not confidential. Input will be solicited from the Snohomish County Bar Association, specialty Bar groups and the public.If you have any questions concerning the application process, please contact Shawnee Schaeffer at 425-388-3362 or Janine Bombach at 425-388-3564.

Page 12: Ethics Smorgasbord

12 Snohomish County Bar News - OCTOBER 2015

Top Left: CHARLES S. BURDELL JR.Former King County Superior Court Judge

Top Center: GEORGE FINKLEFormer King County Superior Court Judge

Top Right: LARRY A. JORDANFormer King County Superior Court Judge

Bottom Left: PARIS K. KALLASFormer King County Superior Court Judge

Bottom Right: STEVE SCOTTFormer King County Superior Court Judge

EXPERIENCETENACITYJUDGMENTDISPUTE

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·

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JAMES SHIPMAN: MEDIATION

James Shipman has been involved in hundreds of mediations both as a mediator and attorney. He has very high rate of settlement. Mr. Shipman has served as a Pro Tem Commissioner since 2004 and Snohomish County Arbitrator. He is available at our office or yours and also appreciates family law referrals.

STEVE UBERTI: REFERRALS AND MEDIATION SERVICES Steve Uberti has over thirty years of experience in general litigation, business, real estate, basic estate planning, contracts, employment, insurance claims and personal injury law. He accepts referrals in all of these areas. Mr. Uberti is available for consultation, mediation and arbitration in the areas involving personal injury, insurance, employment and contract disputes.

CONTACT US 425-258-6846

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OCTOBER 2015 - Snohomish County Bar News 13

In Memory of

Judge Robert C. Bibb

July 10, 1922 – July 1, 2015

Please join us for a Memorial Service honoring Judge Robert C. Bibb

Tuesday, November 24th at 4:00 p.m.

Snohomish County Superior Court C201 Courtroom, 2nd floor

3000 Rockefeller Ave. Everett, Washington

Page 14: Ethics Smorgasbord

14 Snohomish County Bar News - OCTOBER 2015

SETTLEMENTRESULTS. NOW.Experienced and professionalresolution of family law matters.Private, efficient, and cost effective.

Mandatory ADR for Snohomish County Family Law Matters

KENNETH E. BREWESABRINA A. LAYMANKAREN D. MOORE

Hundreds of cases mediated and arbitrated –both as an attorney participant andmediator/arbitrator

Multiple conference rooms available.

We draft the CR-2A Settlement Agreement.

MEDIATION, ARBITRATION AND SETTLEMENT CONFERENCES

Seattle, Everett and Mount Vernon425.252.5167www.brewelaw.com

Kaye Phinney 425-257-1655

[email protected]

Professional Law Firms continue to choose Coastal Community Bank.

Community Business Checking

IOLTA Accounts

Competitive Merchant Services Rates

Coastal Remote Capture* Local Bankers who make your banking easy

and efficient These are just a few of the ways we are

helping attorneys simplify banking.

COASTALBANK.COM

*Coastal Remote Capture requires credit approval.

Member FDIC

SALISH MEDIATIONExpEriEncE, intEgrity, SolutionS

ArdEn J. BEdlEFormer Superior Court Commissioner (Ret.)

p.o. Box 194MonroE, WA 98272

[email protected]

Page 15: Ethics Smorgasbord

OCTOBER 2015 - Snohomish County Bar News 15

District Court of the State of Washington

for Snohomish County

JUDGES STEVEN M. CLOUGH

PATRICIA LYON JEFFREY D. GOODWIN

TAM T. BUI ANTHONY HOWARD

DOUGLAS J. FAIR KRISTEN OLBRECHTS

SNOHOMISH COUNTY COURTHOUSE 3000 Rockefeller Avenue

M/S #508 Everett, WA 98201-4060

(425) 744-6813

PRESIDING JUDGE BETH A. FRASER

COURT COMMISSIONER

RICK LEO

DIRECTOR OF COURT ADMINISTRATION ROBERT M. VELIZ

Announcement Regarding New Local Rules Snohomish County District Court has adopted two new local rules which became effective September 1, 2015. Those rules are SCLCRLJ 26 Documents Presumed Admissible and SCLCrRLJ 3.7 Motions Confirmation. You may find these new local rules in their entirety on the District Court website: http://www.snohomishcountywa.gov/194/District-Court-and-District-Court-Clerk.

Announcement Regarding New Local RulesSnohomish County District Court has adopted two new local rules which became effective September 1, 2015. Those rules are SCLCRLJ 26 Documents Presumed Admissible and SCLCrRLJ 3.7 Motions Confirmation. You may find these new local rules in their entirety on the District Court website: http://www.snohomishcountywa.gov/194/District-Court-and-District-Court-Clerk.

Snohomish County District Court Pro Tem TrainingFriday, October 16, 2015

9 AM to 3 PMSnohomish County District Court

South Division20520 68th Ave. W.

Lynnwood, WA 98036

If you are interested in becoming a pro tem or want to update your knowledge base, then please join us for this training opportunity. Information and training that will be applicable for service at all of the district court divisions will be provided. Topics to be covered include: Civil and small claims,

ex-parte and full order hearings on harassment and protection orders, criminal procedures, courtroom and calendar management, and much, much more.

There is no cost for this program. Lunch will not be provided.

Five CLE credits have been requested

To register please contact Division Supervisor Rachael Eagen [email protected] or 425-744-6805

no later than October 9, 2015.

Page 16: Ethics Smorgasbord

16 Snohomish County Bar News - OCTOBER 2015

Marysville Office ShareOffice share space available in a friendly, busy law office in vibrant, growing Marysville.

Amenities include:• Large, private office• Access to photocopier, fax,

phones and other equipment• Fiber optic hi-speed internet• Shared staff workspace• Legal work referrals, overflow,

and associations possible

Contact: Gary L. Baker

Baker Law Firm, PS.1802 Grove Street

Marysville, WA 98270(360) 659-7800

Mill Creek Office Space Available. I have an extra office room (11’ x 12’) available within my suite with a stylish entry sitting room. This would make a good incubator or second office space. I am an experienced real estate, business & wills lawyer.

$600 per month; month to month basis.

Come and see it.

16300 Mill Creek Blvd. #205.

Bob Williamson (425) 743-0728 [email protected]

Downtown Edmonds offices for rent

Offices for rent in desirable downtown Edmonds next to City Hall and across the street from the municipal court. We are located 17 miles from both Snohomish and King County Superior Court.Offices in our building are rarely available but for the first time in years two offices are open, one with secretarial space. The offices in our building are occupied solely by attorneys and have been for over fifty years..It is a friendly and collaborative group here.Located at 143 5th Ave. N., Edmonds425 778 1151Chris Williams

LYNNWOOD OFFICE SPACE FOR RENT

4300 - 198th Street S.W.

One or two spaces available

Approximately 300 sq. ft. each

Wi-Fi, Fax and Copier available

Conference room

Room for Staff

Furniture also available

Contact: Bill Foster

(425) 776-2147

[email protected]

Page 17: Ethics Smorgasbord

OCTOBER 2015 - Snohomish County Bar News 17

425-493-3452 3400 188th Street SW Suite 310 Lynnwood, WA 98037

[email protected] 1200 Old Fairhaven Parkway, Suite 203, Bellingham, WA 98225

RICO TESSANDORE

SERVING WHATCOM, SKAGIT, SNOHOMISH, ISLAND COUNTIES Licensed in Tulalip Tribal Court

FORMER INSURANCE DEFENSE ATTORNEY WELCOMES YOUR REFERRALS

PERSONAL INJURY LITIGATION

SETTLEMENT GUARDIAN AD LITEM

MEDIATOR

Settle your case quickly, fairly, andeconomically, with the help ofWilliam R. Sullivan, attorney at MillCreek Law. Bill has over 35 years ofexperience in Family Law, Civil,Commercial and Estate matters andhas been successfully mediatingcases for over 25 years.

For scheduling, email Helga Watsonat [email protected] or callour firm at the number below. Aninformational letter with a resume isavailable upon request.

4220 132nd Street SE, Suite 201, Mill Creek, WA 98102

Phone 425.332.2000 | Fax 425.225.6810

www.millcreeklaw.com

Page 18: Ethics Smorgasbord

18 Snohomish County Bar News - OCTOBER 2015

LUKE & OLSEN, PSC A LAW FIRM

is pleased to announce that

Jonathan R. Luke has joined the Firm.

Jonathan is a 2005 graduate from the University of Gonzaga School of Law. Jonathan was admitted to the Washington State Bar in 2005. He is also admitted to practice in the U.S. Territory of Guam. Most of Jonathan’s experience is in criminal law, where he worked as a prosecutor for a total of seven years in both Washington and Guam. Most recently, he was working in the Clallam County Prosecutor’s Office in Port Angeles as a deputy prosecutor handling felony drug, burglary, and identity theft cases. Jonathan is now focusing on civil law. His prior civil experience includes one year in collection law, three years as a law clerk, and two years as an intern for the Firm. Jonathan can be reached at [email protected]. Luke & Olsen, PSC is engaged in legal practice in two principal areas: Real Estate Law and Business Law. Our practice focuses on real estate transactions, residential and commercial escrow, distressed property consultations, boundary line disputes, advising and representing creditors and collection agencies, real estate litigation, business formation, purchase or sale of a business, and breach of contract issues. ROBERT N. LUKE ALDERWOOD BUSINESS CENTER TELEPHONE KIMBERLEE WALKER OLSEN 3400 188TH STREET SOUTHWEST (425) 744-0411 JONATHAN R. LUKE SUITE 484 FACSIMILE LYNNWOOD, WASHINGTON 98037-4708 (425) 771-3490

JUSTICE MATTERSBECAUSE YOU MATTER

“Evergreen Personal Injury

Counsel fought for me so I could

fight for our community.”

5316 ORCHARD ST W TACOMA, WA 98467 | TACOMA 253-472-6000 | SEATTLE 206-838-6000 | WWW.EPIC-LAW.COM

Page 19: Ethics Smorgasbord

OCTOBER 2015 - Snohomish County Bar News 19

CANADIAN ATTORNEY for CANADIAN ENTRY ISSUES.

GIVE YOUR CLIENTS AUTHORIZED REPRESENTATION!

Terry Preshaw is a dual licensed attorney in both B.C. and Washington State. Her practice is Everett-based and she is pleased to partner with Snohomish County attorneys who have DUI clients (past or present) wanting to travel to Canada.

A Canadian attorney is authorized to represent clients at the Canadian Consulate and the Canadian Border.

To give your clients the benefit of authorized representation - call Terry at 425-259-1807. She has over 30 years of experience preparing successful Canadian Rehabilitation Applications, TRP and TRV applications.

Law Offices of Terry T. Preshaw, P.S.The Oakes Building2727 Oakes AvenueEverett, WA 98201

Tel: 425-259-1807Cell: 425-343-VISA (8472)www.myborderlawyer.com

“Making Borders Transparent“

LUKE & OLSEN, PSC A LAW FIRM

is pleased to announce that

Jonathan R. Luke has joined the Firm.

Jonathan is a 2005 graduate from the University of Gonzaga School of Law. Jonathan was admitted to the Washington State Bar in 2005. He is also admitted to practice in the U.S. Territory of Guam. Most of Jonathan’s experience is in criminal law, where he worked as a prosecutor for a total of seven years in both Washington and Guam. Most recently, he was working in the Clallam County Prosecutor’s Office in Port Angeles as a deputy prosecutor handling felony drug, burglary, and identity theft cases. Jonathan is now focusing on civil law. His prior civil experience includes one year in collection law, three years as a law clerk, and two years as an intern for the Firm. Jonathan can be reached at [email protected]. Luke & Olsen, PSC is engaged in legal practice in two principal areas: Real Estate Law and Business Law. Our practice focuses on real estate transactions, residential and commercial escrow, distressed property consultations, boundary line disputes, advising and representing creditors and collection agencies, real estate litigation, business formation, purchase or sale of a business, and breach of contract issues. ROBERT N. LUKE ALDERWOOD BUSINESS CENTER TELEPHONE KIMBERLEE WALKER OLSEN 3400 188TH STREET SOUTHWEST (425) 744-0411 JONATHAN R. LUKE SUITE 484 FACSIMILE LYNNWOOD, WASHINGTON 98037-4708 (425) 771-3490

Page 20: Ethics Smorgasbord

20 Snohomish County Bar News - OCTOBER 2015

– INSURANCE BAD FAITH –

– PERSONAL INJURY –

Joseph W. Moore invites your referrals and associations

2920 Colby Avenue, Suite 102 Everett, WA 98201 (425) 998-8999

[email protected]

SMALL LAW FIRM SIZED SPACE FOR LEASE IN SNOHOMISH:

Class A offices were designed and built for a firm of 4 to 8 lawyers and staff. Entire 2500 sq.ft. second floor. Off street parking, riverside views, handicapped access, conference room and fire resistant file vault. Shared work out room with shower and break room with appliances. Located in historic downtown Snohomish beside the Centennial biking and walking trail. See photos and details at Craigslist for Seattle. Go to “Housing/Commercial” and type “21 Ave A Snohomish” in search box. Bruce Keithly 360 657 2293 and [email protected].

Tired of spending too much money to hire an employee to do the work, or hiring temporary help with little or no office or legal experience? I am a virtual/freelance paralegal with over 25 years experience specializing in personal injury, medical malpractice, insurance defense, and employment cases. Visit my website at juliependleton.org or contact me at (509) 999-3050 for more information.

Mill Creek Conference Room Rental SpaceConference Room Rental Space is available in Mill Creek.The office is centrally located, has ample park-ing, and it is very easy to find on the Bothell-Everett Highway. It is a professional environ-ment to meet clients.

The Conference Room has access to broad band internet including printing, copying, faxing, and scanning capabilities.Hourly Rates are Available.Call 206-999-7433 for further details.

Page 21: Ethics Smorgasbord

OCTOBER 2015 - Snohomish County Bar News 21

38 Valley Lawyer ■ JULY 2015 www.sfvba.org

Book Review

ANY ATTORNEYS CAN RELATE TO THE experience of being asked at a social gathering to tell the story of their most interesting case–and the immediate blank feeling of having to dig deep to come up with something in response that will sound exciting or noteworthy. Not that what we do isn’t interesting, it just isn’t often the stuff of drama or suspense, despite what Hollywood might lead non-attorneys to believe. Unfortunately most of us will never experience a dramatic “You can’t handle the truth!” moment on cross-examination. If asked to share war stories at a party, Northern California attorney Jay W. Jacobs will never be unsure about his most interesting case. In 1986 Jacobs was a young trial attorney assigned to defend the worst recreational shing boat accident in San Francisco maritime history. Jacobs’ experiences throughout the investigation and trial are related in his compelling book, The Widow Wave: A True Courtroom Drama of Tragedy at Sea. Although the case is indisputably tragic, Jacobs’ narrative draws the reader in as he is equally adept at relating the emotion, legal strategy and technical maritime

details that were all so critical to the defense of this once-in-a-career litigation. This is a story that draws the reader in, and once told, can never be forgotten. Five lives were lost on March 9, 1984 when the 34-foot shing boat, Aloha, disappeared at sea off the coast of San Francisco–the captain, Francis Dowd, his 19-year-old son, Gerald, who was home from college for spring break, Dowd’s brother-in-law, John Kennedy, a co-worker of Dowd’s, Werner Buntmann, and a friend and business colleague, H. Tho Ang, who was visiting from Manila. On the morning that went so horribly wrong, Dowd was taking his friends out on a salmon shing trip to the Duxbury Reef area, a day trip he had taken successfully many times before, and, in fact, a shing spot that Jacobs had visited several times as well. There were no eyewitnesses to the disappearance of Aloha, nor were she or any of her passengers ever recovered, save the body of Dowd, which was recovered weeks after the loss. Fear and speculation ran rampant in the Bay Area shing communities as answers were sought to explain the devastating and seemingly inexplicable loss of life.

By Randi R. Geffner

Randi R. Geffner is a senior associate attorney at Esensten Law in West Los Angeles, specializing in all types of civil

and business litigation. Randi may be contacted at [email protected]

Examining a Tragedy at Sea

Page 22: Ethics Smorgasbord

22 Snohomish County Bar News - OCTOBER 2015

Snohomish CountyProsecuting AttorneyMark K. Roe

Family Support DivisionSerena S.A. Hart, Chief Deputy

Robert J. Drewel Building, 6 Floor, M/S 504th

3000 Rockefeller AvenueEverett, WA 98201

(425) 388-7280Fax (425) 388-7295

MEMORANDUM

FROM: Family Support Division, Prosecuting Attorney Office

RE: State Sign-Off of Agreed Orders

Effective August 1, 2015, the Deputy Prosecuting Attorneys in the Family SupportDivision will decline to sign orders presented as agreed if the income figures appear tobe incorrect based on the information available to the State. The income figures affectthe State's interest with regard to cash and medical assistance. It is advisable toprovide the Family Support Division with the proposed agreed orders and supportingdocumentation prior to the date of your hearing. Proposed orders will be accepted forreview via fax, email, or hard copies provided to the State. The State will not object tobeing personally served by a party to the action.

Please contact Nancy Niebuhr, paralegal for the Responding Unit, or one of the DeputyProsecuting Attorneys assigned to Dissolution/Responding cases, at 425-388-7280 toinquire if there is a state interest or to provide a copy of the proposed orders. FamilySupport's fax number is 425-388-7295.

If you have questions about this policy, please contact Serena Hart, Chief Deputy, at425-388-7280.

AdministrationRobert G. Lenz, Operations ManagerRobert J. Drewel Bldg., 7 Floorth

(425) 388-3333Fax (425) 388-7172

Criminal DivisionJoan Cavagnaro, Chief DeputyMission Building(425) 388-3333Fax (425) 388-3572

Civil DivisionJason J. Cummings, Chief DeputyRobert J. Drewel Bldg., 7 Floorth

(425) 388-6330Fax (425) 388-6333

Everett - Office sharing space for one attorney

Phone system,copying, fax, library,

cable wired for Internet

1/2 block from courthouse

Contact Steve Good, Sr.425-259-7188

or [email protected]

Judge Thorpe ADR

Arbitrations and Mediationsof disputes involving:

Family LawPersonal Injury & Wrongful Death

Real EstateTEDRA

Professional NegligenceUM/UIM

20 years – Snohomish Superior Court25 years in private practice

425 248-1457

201 Main St. #363Edmonds, WA 98020

[email protected]

Page 23: Ethics Smorgasbord

OCTOBER 2015 - Snohomish County Bar News 23

Snohomish CountyProsecuting AttorneyMark K. Roe

Family Support DivisionSerena S.A. Hart, Chief Deputy

Robert J. Drewel Building, 6 Floor, M/S 504th

3000 Rockefeller AvenueEverett, WA 98201

(425) 388-7280Fax (425) 388-7295

MEMORANDUM

FROM: Family Support Division, Prosecuting Attorney Office

RE: State Sign-Off of Agreed Orders

Effective August 1, 2015, the Deputy Prosecuting Attorneys in the Family SupportDivision will decline to sign orders presented as agreed if the income figures appear tobe incorrect based on the information available to the State. The income figures affectthe State's interest with regard to cash and medical assistance. It is advisable toprovide the Family Support Division with the proposed agreed orders and supportingdocumentation prior to the date of your hearing. Proposed orders will be accepted forreview via fax, email, or hard copies provided to the State. The State will not object tobeing personally served by a party to the action.

Please contact Nancy Niebuhr, paralegal for the Responding Unit, or one of the DeputyProsecuting Attorneys assigned to Dissolution/Responding cases, at 425-388-7280 toinquire if there is a state interest or to provide a copy of the proposed orders. FamilySupport's fax number is 425-388-7295.

If you have questions about this policy, please contact Serena Hart, Chief Deputy, at425-388-7280.

AdministrationRobert G. Lenz, Operations ManagerRobert J. Drewel Bldg., 7 Floorth

(425) 388-3333Fax (425) 388-7172

Criminal DivisionJoan Cavagnaro, Chief DeputyMission Building(425) 388-3333Fax (425) 388-3572

Civil DivisionJason J. Cummings, Chief DeputyRobert J. Drewel Bldg., 7 Floorth

(425) 388-6330Fax (425) 388-6333

MEMORANDUM

FROM: Family Support Division, Prosecuting Attorney Office

RE: State Sign-Off of Agreed Orders

Effective August 1, 2015, the Deputy Prosecuting Attorneys in the Family Support Division will decline to sign orders presented as agreed if the income figures appear to be incorrect based on the information available to the State. The income figures affect the State’s interest with regard to cash and medical assistance. It is advisable to provide the Family Support Division with the proposed agreed orders and supporting documentation prior to the date of your hearing. Proposed orders will be accepted for review via fax, email, or hard copies provided to the State. The State will not object to being personally served by a party to the action.

Please contact Nancy Niebuhr, paralegal for the Responding Unit, or one of the deputy Prosecuting Attorneys assigned to the Dissolution/Responding cases, at 425-388-7280 to inquire if there is a state interest or to provide a copy of the proposed orders. Family Support’s fax number is 425-388-7295.

If you have questions about this policy, please contact Serena Hart, Chief Deputy, at 425-388-7280.

of05fe12c1 (T)

3411 Colby Avenue Everett, WA 98201 www.denomillikan.com

Ph: (425) 259-2222 Fax: (425) 259-2033

DENO MILLIKAN LAW FIRM, PLLC

Kent Millikan Brian Dale Stephanie Petersen Joel P. Nichols

James Pautler Jennifer Gogert

Christopher Stahnke Joseph W. Moore

Available for Referrals, Associations, and Consultations

Probate - Real Estate - Family Law - Personal Injury - Estate Planning - Construction Employment/Labor - Criminal Defense - Collaborative Law - Post-Conviction Relief

Mediation & Arbitration - Business & Corporations

Page 24: Ethics Smorgasbord

Snohomish County Bar AssociationP.O. Box 5429Everett, WA 98206

We know workers’ comp.Workers’ Compensation and Social Security Disability

Offices in Seattle and Everett

Toll Free: 866-925-8439Phone: 206-623-5311

www.walthew.com

We welcome and appreciate every referral.Left to right: Kathleen Keenan Kindred, Robert H. Thompson and Thomas A. ThompsonTop: Robert J. Heller and Patrick C. Cook Bottom: Jonathan K. Winemiller and Michael J. Costello