View
1
Download
0
Category
Preview:
Citation preview
The Money Barrier: 1st Annual Low Bono Law Conference
February 24, 2017 | 1.25 Ethics and 4.75 Other CLE Credits WSBA Activity ID# 1032492
Agenda Time Topic
8:00-8:30 am Registration
8:30-8:45 am Welcome / Housekeeping
Presenter: Veronica Smith-Casem, Smith-Casem Law, PLLC
8:45-9:45 am Session 1 - Intro to Low Bono
Click here for Intro to Low Bono Materials
Presenter: Jenny Anderson, Anderson, York, and Stratton, PC
Hear how a group lawyers of concerned about the people being "priced out" of the legal system progressed from talking about the problem to doing something about it. Learn what single underlying principle unifies low bono lawyers despite differences in firm size, practice area, and even business practices. Find out the answer to the top question many who consider offering low bono services ask: Can I really afford it?
9:45-10:00 am break
10:00-11:00 am Session 2 - Attorney Fees, Part 1: View from the Bench
Click here for Attorney Fees: View from the Bench Materials
Presenter: Hon. Leonid Ponomarchuk, King County Superior Court Commissioner
Every lawyer (and perhaps even more so - the low bono lawyer) wants to be awarded attorney fees whenever permitted. Gain insight from a King County Superior Court commissioner about the circumstances under which attorney fees are awarded so you can put together your best arguments at your next hearing on fees.
11:00-11:15 am Session 3 - Attorney Fees, Part 2: View from a Low Bono Practitioner
Click here for Attorney Fees: View from a Practitioner Materials
Presenter: Jenny Anderson, Anderson, York, and Stratton, PC
Many low bono practitioners offer reduced rates to their middle income clients. If you can get a hearing to request attorney fees, how might you argue for your full rate when you gave your client a discount? This short presentation addresses one possibility and goes over a model brief that you may find successful.
11:15am-11:30 am break
11:30am- 1:00 pm Session 4 - How to Do Low Bono
Click here for How to Do Low Bono Materials
Moderator: Jeff Liang, Ling and Liang, PLLC
Panelists: Dan York, Anderson, York, and Stratton, PC Mary Sakaguchi, Sakaguchi and Reese, PLLC Joshua Turnham, Law Office of Joshua L. Turnham, PLLC
Here's where we get into the nitty-gritty. Since there isn't just one way to do low bono, we've put together a panel of practitioners who represent a variety of experience levels, practice areas, and firm sizes, and who use a variety of low bono business principles in their work. In this interactive session, you'll get to hear from and ask questions of those who are successfully doing low bono.
1:00-2:15 pm Lunch Breakout: Beyond Networking (lunch will be provided)
You are more than your practice area! The Low Bono Section promotes meaningful community-building through authentic conversation. Skip the awkward, superficial chit chat ("So what do you do...?") and find a seat at a table that's got a sign for other parts of your life that matter to you! Before you have a seat, be sure to grab lunch (included).
2:15-3:15 pm Session 5 - Increasing Access to Justice through Technology: A Survey
Click here for Access to Justice Through Technology Materials
Presenter: Dan Lear, Avvo
We all know that increasing office efficiency through technology will lower your business costs and allow you to pass the savings on to your moderate income clients. This session is not about that. Instead, we'll hear about specific technological innovations that lawyers are using to reach underserved populations, including middle income individuals and families. This session will get your creative wheels turning, and leave you inspired to innovate in your own practice.
3:15-3:20 pm break
3:20- 4:35 pm Session 6 - Recognizing and Avoiding Moral Distress
Click here for Recognizing and Avoiding Moral Distress Materials
Presenters: Jessica S. Martin, Sound Family Law Carrol Alvarez, Biomedical Ethics Consultant, retired
Limited financial resources effectively limit full participation in the legal system, taking an emotional toll on clients and attorneys alike. In this session, we'll learn how a concept from the medical field, moral distress, can inform and instruct those working in low bono law.
4:35- 4:55 pm Wrap-up / Evaluations / Door Prizes
For sticking with us till the very end, this is also when we'll do door prize drawings (must be present to win).
5:00-7:00 p.m. Post CLE Social at The Garage on Broadway The fun continues at The Garage (1120 Broadway, Seattle, WA 98122)! Join us for more conversation and appetizers, courtesy of Seattle University School of Law Center for Professional Development.
Faculty Biographies
Chairperson Veronica Smith-Casem, Smith-Casem Law, PLLC Veronica Smith-Casem currently chairs the WSBA Low Bono Section's Education Committee and owns a low bono estate planning practice in South King County. A "double alum" of Seattle University, she holds a B.A. in Humanities (1996) and a Juris Doctor with a focus on Inequality and Poverty Law (2002). Seattle University holds a special place in her heart because she and her (now) husband met when they were undergraduates in the choir together. In law school, Veronica served on the board of the Public Interest Law Foundation (PILF) and was a member of the first Board of Editors for the Seattle Journal for Social Justice. After graduation, she formed an alumni committee to help transfer the PILF endowment to the law school and to recommend guidelines for fund distribution via the school's newly-created Loan Repayment Assistance Program. Veronica was a volunteer attorney with the KCBA Housing Justice Project for 8 years following her Rule 9 externship there. She worked with a team at the UW Center for Reinventing Public Education to examine the legal and policy implications of sub-district school funding inequities before tilting her work-life balance toward the care of her family. Veronica's current focus includes supporting the education of her children, one of whose schooling is a hybrid of home school and public school; promoting awareness about dyslexia and about student rights under special education law generally; co-leading a liturgical chant choir; and serving as Tribunal Advocate for the Archdiocese of Seattle.
Presenters Carrol Alvarez, Biomedical Ethics Consultant, retired Carrol Alvarez, MS, RN, CS, worked for 31 years as Clinical Nurse Specialist in Psychiatry at Harborview Medical Center, retiring in August, 2016. In her role she provided consultation and education to nurses on acute care, critical care, and psychiatric units about care of patients with behavioral dysregulation and psychiatric illnesses. She also provided specialized therapies for individual patients (i.e. Cognitive Behavioral Therapy, Dialectical Behavioral Therapy, specific therapies for Post-Traumatic Stress Disorder). She worked with all staff members, individually and in groups, who experienced work-related traumatic events. For 29 years Carrol was an ethics consultant at Harborview, providing consultation to patients, family members, and treatment providers of all disciplines, around biomedical ethical dilemmas. She also provided formal and informal education about biomedical ethics topics. Jenny Anderson, Anderson, York, and Stratton, PC Jenny is a Seattle native and earned both her BA and JD from the University of Washington. She studied child development as part of her undergraduate work, and she brings that foundation to all of her work with children and families. In addition to her law practice, Jenny is an adjunct faculty member at Seattle University School of Law, where she has taught family law practice skills and is developing a domestic violence practice skills course. She is also a founding member and the 2014-15 Chair of the Low Bono
Section of the Washington State Bar Association and serves as a mentor attorney with Eastside Legal Assistance Program. When Jenny isn't crusading on behalf of her clients, she enjoys spending time with her family and pets. She also fosters dogs for a local pet rescue and enjoys swimming, reading, and cooking. Dan Lear, Avvo Dan Lear is a lawyer, blogger and legal industry gadfly. As a technology-focused business lawyer, Dan advised companies from startups to the Fortune 100, helping to develop agreements and terms for early cloud services offerings well before "the cloud” was an everyday norm. In 2014, Dan joined Avvo, an online legal marketplace, where he is the Director of Industry Relations and frequently speaks to lawyers and bar associations. Dan has been mentioned, featured, or published in The ABA Journal, Law Practice Today, Law Technology News, NWLawyer, Above the Law and other legal industry press. In 2015 he was named to the FastCase 50 – a group of entrepreneurs, innovators, and trailblazers in the legal profession – and in 2014 Dan was honored with the Washington State Bar Association President's Award for his participation in and and advocacy of legal technology projects locally and nationally. Find him on Twitter at @rightbrainlaw or on the web at http://rightbrainlaw.co/. Jeff Liang, Ling and Liang, PLLC Jeff Liang is the co-owner of a small firm, Ling & Liang, PLLC, located in Seattle's International District. His practice focuses on helping small businesses, non-profit organizations, and individuals with transactional, corporate, tax planning, tax controversy, and estate planning issues. He is also an adjunct law professor at Seattle University School of Law where he teaches a course on Tax Exempt Organizations. He received an LL.M. in Taxation from New York University in 2008. He currently serves on the board of directors of Asian Counseling and Referral Services and has served on the board of the Asian Bar Association of Washington, including a year as President. Jessica Martin, Sound Family Law Jessica Martin is committed to helping her clients find their voice and navigate the legal system. She is a partner at Sound Family Law, a two-attorney firm that provides a variety of family law services in Snohomish and King Counties. Her firm offers full representation, limited representation, and unbundled legal services, aimed at providing legal assistance tailored to the needs and resources of each client. Jessica earned her B.A. from the University of Washington and her J.D. from Seattle University School of Law. While in law school, she took coursework dedicated to litigation and trial advocacy skills, participated in the Domestic Violence Clinic, and was active in a number of student organizations. Jessica is currently a board member of the Family Law Section of the Snohomish County Bar Association and committee member of the Low Bono Section’s Education Committee.
Hon. Leonid Ponomarchuk, King County Superior Court Commissioner Les Ponomarchuk is Lead Family Court Commissioner for King County Superior Court. Commissioner Ponomarchuk was appointed by the judges of King County in August of 1998. From 1987 to 1998 he was in private practice as a domestic relations lawyer. Les has served on the family law, domestic violence protection order, juvenile offender, at-risk youth and truancy, dependency, ex-parte, civil commitment and status conference calendars in both Seattle and in Kent. A frequent presenter for continuing legal education courses, Les has been on the faculty of the State of Washington Judicial College; training newly appointed or elected judges, since 2005. Mary Sakaguchi, Sakaguchi & Reese, PLLC Mary Sakaguchi is a partner with Sakaguchi & Reese, PLLC in Bellevue, where she primarily practices Family Law and Real Estate law. She started her firm as a solo practitioner in 2011, after several years as an associate attorney with Davidson, Czeisler & Kilpatric, PS (now Davidson, Kilpatric and Krislock, PS), where she practiced Family law and Real Estate and supported a bustling escrow practice. She entered her current firm partnership in 2013. Mary is a current Trustee with King County Bar Association, where she also serves on KCBA Membership and Diversity Committees. Mary is a regular volunteer with Eastside Legal Assistance Program and King County Superior Court Volunteer Settlement Conference Program and was a key member of the lobbying effort to enact the Uniform Collaborative Law Act (now RCW 7.77). Mary comes from California, where she graduated from Loyola Law School Los Angeles and practiced primarily Family Law until she transferred to Washington in 2006. Joshua Turnham, Law Office of Joshua L. Turnham, PLLC Joshua Turnham is a solo attorney, practicing consumer law with a focus on debt defense. He graduated from Seattle University School of Law in 2015. Joshua was a participant in the Access to Justice Institute's incubator program for low bono attorneys in 2016. He is a firm believer in social and economic justice and has shaped his firm to align with those principles. Dan York, Anderson, York, and Stratton, PC Dan is originally from Texas and has adopted the Pacific Northwest as his home. He is a former Marine and Iraq veteran. He graduated magna cum laude from Texas Tech University with a BS in Human Development, and obtained his law degree from the University of Houston Law Center. Dan’s primary practice focus is assisting domestic violence victims in numerous areas of the law, including family, immigration, and civil litigation. He has spoken on the topics of civil rights, family law, and setting up a solo practice. He is also an Adjunct Professor at Seattle University School of Law. Dan serves as a mentor to the attorneys in Seattle University's Low Bono Incubator Program and is a member of the King County Bar Association, the Low Bono Section of the Washington State Bar Association, and the Family Law Section of the Washington State Bar Association.
IntrotoLowBono
•••
LowBonoLawConference:TheMoneyBarrierFebruary24,2016
•••
JennyAndersonAnderson,York&Stratton,PCjenny@aysattorneys.com
Resources:LowBonoSection:http://www.wsba.org/Legal-Community/Sections/Low-Bono-SectionModerateMeansProgram:http://www.wsba.org/Legal-Community/Volunteer-Opportunities/Public-Service-Opportunities/Moderate-Means-Program2015WashingtonStateCivilLegalNeedsStudyUpdate:http://ocla.wa.gov/wp-content/uploads/2015/10/CivilLegalNeedsStudy_October2015_V21_Final10_14_15.pdfWashingtonStateCivilLegalNeedsStudy(2003):https://www.courts.wa.gov/newsinfo/content/taskforce/CivilLegalNeeds.pdf
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 1 - Intro to Low Bono Jenny Anderson
NotesonLowBonoAttorneyIncomeInasurveyoflowbonoattorneysinpracticebetween2-7years…
• IncomeRangeo $36K-$120K
• LifestyleChoices
o Manylowbonoattorneysworkparttime,eitherpermanentlyortemporarily.
o Manylowbonoattorneystakealotoftimeoff,bothforvacationsandforthingslikeparentalleave.Allrespondentsthatareparentsindicatedthattheyaretheparentwhoattendsschooleventsduringthedayandtakestimeoffwhentheirchildissick.
§ But,fewerthanhalfoftherespondentsareparents.
• WorkChoiceso Attorneyswhoworkamoretraditionalfull-timeschedulemakemoremoney
(evenadjustingforworkingpart-timevs.full-time).
o Partnersinsmallfirmstakehomemoremoneythansolos(evenifthepartnersaretheonlylawyersinthefirm).
• TimeinPractice
o Thelongeryou’vebeeninpractice,thebetter.o Eachattorney’sincomeroseoverthetimeperiodcoveredinthesurvey(2014vs.
2015).
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 1 - Intro to Low Bono Jenny Anderson
Quick Facts
What is “low bono”?
In a broad sense, low bono is the principle of increasing access to law-related services for people of moderate means who do not qualify for pro bono assistance, but cannot afford the fees private attorneys typically charge under traditional law firm models. In practice, attorneys find many creative ways to provide low bono services. Common examples include (but are not limited to):
• flexible pricing models;
• unbundling legal services;
• increasing efficiency of delivering common services;
• commoditizing certain services;
• mindful and creative use of clients’ limited legal budgets; and
• seeking early and affordable resolutions when appropriate.
What is the Low Bono Section?
The Low Bono Section is a section of the Washington State Bar Association for lawyers, law students, and non-lawyer professionals who:
• wish to learn about low bono services;
• support each other in providing low bono services; and
• develop a community with others who wish to support low bono principles.
The Low Bono Section provides many resources to its members, including mentorship, CLEs, networking opportunities, a community listserv, and more.
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 1 - Intro to Low Bono Jenny Anderson
How to Join: Visit www.wsba.org/Legal-Community/Sections/Low-Bono-Section, or simply scan this QR Code.
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 1 - Intro to Low Bono Jenny Anderson
TheMMPisajointventurebetweentheWashingtonStateBarAssociationandtheUniversityofWashington,GonzagaUniversityandtheSeattleUniversityschoolsoflaw.Thegoaloftheprogramistoincreaseaccesstocivillegalservicesbypeopleofmoderatemeans(between200and400%ofthefederalpovertylevel)andtoprovidereferralsWSBAmembers.Theprogramfocusesontheareasoffamily,housingandconsumerlaw.Wecurrentlyhaveopportunitiesforattorneysinyourcountytoparticipate.
Howtheprogramworks• MMPlawstudentinternsinterviewpotentialclientsbytelephonetocollectinformation
andevaluatetheircases.• Afteracasehasbeenevaluatedanddeterminedtobeappropriatefortheprogram,the
studentcontactsaparticipatingattorneywhoisofferedtheopportunitytoworkwiththeclientatareducedfee.
• Onceanattorneyagreestotakeacase,theclientwillbedirectedtotheattorneyandtheintakematerialsdevelopedbythestudentwillbesenttotheattorney,includingalegalanalysisofthecase.
• Theattorneywillthenmeetinpersonwiththeclienttodeterminewhatservicesareappropriate.
Benefitstoparticipatingattorneys
• Participatingattorneysreceivereferralsofclientswhohaveissueswithineachattorney’sspecialty.
• AttorneysreceivefreeCLEeligibletrainingthroughtheWSBA.• Participantshaveaccesstomentoringandpeersupportthroughtheprogram.• Participatingattorneyshavethesatisfactionofknowingthattheyhavehelpeda
moderateincomeindividualwhootherwisewouldnotbeabletoaffordtheirservices,andthattheyhaveprovidedanimportantservicetotheircommunity-increasingtheaccesstojusticeforall.
Foradditionalinformationortosignupfortheprogram,gotomywsba.organdclickonVolunteerNowunderWSBAModerateMeansProgram.
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 1 - Intro to Low Bono Jenny Anderson
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 1 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 2 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 3 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 4 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 5 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 6 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 7 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 8 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 9 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 10 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 11 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 12 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 13 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 14 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 15 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 16 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 17 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 18 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 19 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 20 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 21 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 22 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 23 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 24 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 25 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 26 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 27 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 28 of 29
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk
Page 29 of 29
MemorandumofLawsRe:A2orneyFeesPage1of5
LowBonoA(orneyFeeBrief
ByJennyAndersonandForrestCarlson
Thisdocumentisprovidedtoassistlowbonoa2orneysinmakingrequestsfortheirfull,
undiscountedlegalfeestothecourt.Theconceptoflowbonolegalservicesis(asofearly2017)sNll
novel;ithascometooura2enNonthatmanyjudicialofficersarenotfamiliarwiththeconcept.Some
judicialofficersrefusetoawardfulllegalfeestolowbonoa2orneysbecausetheyseeana2orney’s
choicetoacceptareducedfeeasabargainreachedbetweena2orneyandclientinanarm’s-length
negoNaNon,orana2emptbythelowbonoa2orneytoundercutcompeNNon,notunderstandingthat
lowbonoa2orneysoffertoreducetheirfeestobelowmarketrateswiththespecificintentofincreasing
accesstolegalservices.ItisourhopethatthisbriefwillservethedualpurposeofassisNnglowbono
lawyerstorecoupsomeoftheforegoneprofitfromopposingparNeswhocanafforditandraising
awarenessoflowbono,bothasaviablesoluNontothe“jusNcegap”andanecessaryadjuncttopro
bonoservices.
Itmostlikelyisnotappropriatetofilethisbriefasastandalonedocumentwithoutsignificant
ediNngasappropriateforeachindividualcase;however,pracNNonersareencouragedtocopyandpaste
liberallyfromthisdocumentintotheirownbriefs.Wewillperiodicallyupdatethisdocument,whichwill
conNnuetobemadeavailableforfreetomembersoftheWashingtonStateBarAssociaNonLowBono
SecNon.Asyouuseit,youwillundoubtedlyreceivefeedbackandinsightfromjudicialofficersand
others.Weareeagertohearhowourargumentsarereceived.Pleasesendusyourfeedbackonthis
documentsowecanmakeitbe(erforeveryone!AddiNonally,pleasefeelfreetopointoutanyerrors
orletusknowofanycorrecNonsorimprovementsyoumaymakeasyouusethedocument.
Theauthorshavemadeasincereefforttoensuretheaccuracyofthematerialdescribedherein;
however,thereisabsolutelynorepresentaNonorwarranty,expressorimplied,withrespecttothe
quality,accuracy,reliability,orcurrencyofthecontentsofthisdocument,andtheauthorsspecifically
disclaimanyimpliedwarranNesoffitnessforanyparNcularpurpose.Theauthorsdisclaimallliabilityfor
anydirect,indirect,incidental,consequenNal,special,orexemplarydamagesresulNngfromtheuseof
thecontentsofthisdocument.Youassumetheriskofrelianceonthismaterial.
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 3 - Attorney Fees, Part 2: View from a Low Bono Practitioner Jenny Anderson
MemorandumofLawsRe:A2orneyFeesPage2of5
- JennyAnderson(jenny@aysa2orneys.com)andForrestCarlson(forrest@assemblelaw.com)
Members,ExecuNveCommi2eeoftheWashingtonStateBarAssociaNonLowBonoSecNonFebruary24,2017
NOTE:
* [SQUARE BRACKETS IN ALL CAPS] indicate a variable to be plugged in
* [<square brackets with angle brackets and highlighting>] denote a comment from the authors to the user
* [<square brackets with some highlighted text in angle brackets> and some non-highlighted text outside angle brackets] indicate optional text that needs to be edited if it is to be included.
1. INTRODUCTION
[ATTORNEY/LAWFIRM]hasseparatelyfiledafeedeclaraNon,whichdocumentsthat
[ATTORNEY/LAWFIRM]hasoffered[CLIENT]a[PERCENT]%feereducNondueto[his/her]financial
circumstances.[CLIENT]qualifiedforareducedfeebasedon[his/her]income,whichiscurrently
[PERCENT]%ofthefederalpovertyguideline[,aswellas<insertotherqualifyingfactors>].[OPPOSING
PARTY],withanannualincomeof$[NUMBER],wouldnotqualifyforareducedfeeunderthesecriteria.
Thecourtshouldawarda2orneyfeesbasedon[ATTORNEY/LAWFIRM]’sfullrate,inspiteofthefee
reducNonprovidedto[CLIENT],forthereasonssetforthbelow.
2. REASONSTOAWARDFULLATTORNEYFEES
Inabroadsense,lowbonoistheprincipleofincreasingaccesstolaw-relatedservicesforpeopleof
moderatemeanswhodonotqualifyforprobonoassistance,butcannotaffordthefeesprivate
a2orneystypicallychargeundertradiNonallawfirmmodels.A2orneysfindmanycreaNvewaysto
providelowbonoservices,butflexiblepricingmodels,includingreducedfeesandslidingscales,are
common.[ATTORNEY/LAWFIRM]offersreducedfeestoqualifyingclientswiththegoalofincreasing
accesstolegalservicesfortradiNonallyunderservedpopulaNons,includingthoseofmoderatemeans[
and<inserttargetpopulaNon,ifapplicable>].Asthecourtisaware,fundingforlegalaidhasdriedupin
recentyearsandthejusNcegaphasconNnuedtogrow.Over70%oflow-incomehouseholdsin
WashingtonStatefaceatleastonecivillegalissueperyear,andonly24%getanylegalassistancewith
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 3 - Attorney Fees, Part 2: View from a Low Bono Practitioner Jenny Anderson
MemorandumofLawsRe:A2orneyFeesPage3of5
theirissues.1Fully100%oflow-incomesurvivorsofdomesNcviolenceandsexualassaultfacecivillegal
issues.2ProseliNgaNonistroublesomefortheliNgantsthemselvesaswellasforthecourts.Prose
parNestakeupadisproporNonatelylargeamountofthecourt’sNmeandenergy,drivingupcostsand
slowingthedocket.TheircasesaregenerallynotpresentedaseffecNvelyorefficiently,requiringcourts
towadethroughirrelevantorinadmissibleinformaNonand/ortoproceedwithlessinformaNonthan
mightbepreferable(especiallyinfamilylaw,whereissuesimplicaNngparNes’physicalsafetyandthe
well-beingofchildrenareomendetermined).
[<ConsiderinserNngaparagraphlinkingyoureffortsinthisspecificcasetotheaboveparagraph.As
oneofourdisNnguishedcommissionersputit:“Tellmewhatyouaredoingtomakemylifeeasier!”
FocusontheconcreteacNonsyou’vetaken,courtappearancesrequired,moNonsmade/respondedto,
etc.Ifyouarenewer,pointouthowyoualreadydiscountedbyafewhourstoaccountforyourlearning
curve.>]
Lowbonoclientsaregenerallypeoplewhowouldnothavelawyersifnotfortheeffortsoftheirlow
bonoa2orneys.Lowbonoa2orneysdonot“bargainfor”theirreducedratesorreducetheirfeesfora
compeNNveadvantageovertheirtradiNonally-pricedcounterparts.Mostlowbonoa2orneysserve
populaNonsthata2orneysintradiNonally-pricedlawfirmsaretypicallyunwillingorunabletorepresent,
andmanylowbonoa2orneysstructuretheirfeesasslidingscalesorhaveamaximumincomecutofffor
theclientstheywillrepresent.
Lowbonoa2orneysprovideavaluableservicetotheirclientsaswellastothecommuniNesandthe
courtsinwhichtheyserve.Itshouldbethepolicyofthiscourttotakereasonablestepstoencourage
a2orneystorepresentlow-tomoderate-incomeliNgantsatanaffordablerate.Awardinglowbono
a2orneysafull,reasonablefeefromopposingparNeswiththemeanstopayitisasignificantwaythe
courtcandopreciselythatwithintheexisNnglegalframework.Incontrast,refusingtoawardsuchafee
diminishesthevalueofalowbonoa2orney’sserviceand,omen,providesawindfalltoapartyatthe
expenseofthelowbonoa2orney.Itisdiscouraging,asalowbonoa2orney,tohavethecourtvalue
yourworkathalfofthevalueoftheopposinga2orney’swork,simplybecauseyouarewillingtowork
12015WashingtonStateCivilLegalNeedsStudyUpdate,retrievedfromh2p://ocla.wa.gov/wp-content/uploads/2015/10/CivilLegalNeedsStudy_October2015_V21_Final10_14_15.pdfonFebruary8,2017.2Id.
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 3 - Attorney Fees, Part 2: View from a Low Bono Practitioner Jenny Anderson
MemorandumofLawsRe:A2orneyFeesPage4of5
withalower-incomeclient.
3. LODESTARMETHOD
IncalculaNngfeeawards,includingafeeawardtoana2orneyprovidingfeestoalow-or
moderate-incomeclientatadiscount,thecourtmustusethelodestarmethod,which,inshort,requires
thecourttodetermineareasonablehourlyrate(the“lodestar”)andareasonablenumberofhours
spentpursuingtheclaim.See,e.g.,Berrymanv.Metcalf,177Wn.App.644,665,312P.3d745(Div.1,
2013);Collinsv.ClarkCountyFireDistrict,155Wn.App.48,99,231P.3d1211(Div.2,2010).The
lodestarisnotnecessarilythefeechargedbythelawyerfortheworkperformed;itisappropriatefor
thecourttoconsidersuchfactorsasthemarketvalue,theskilllevelinvolved,thecomplexityofthe
case,andthecustomaryrateoffeeswhenseungthelodestar.Id.at100.ThepresumpNonisthatthe
lodestarrepresentsareasonablefee;adjustmentstothelodestarproductarereservedfor“rare”
occasions.Berryman,177Wn.App.at665.However,BerrymanalsostandsfortheproposiNonthatafee
awardmustbeproporNonaltothesizeofthepotenNalrewardinthecase.Id.at660(ciNngScoFFetzer
Co.v.Weeks,122Wn.2d141,151,859P.2d1210(1993)).
ThelodestarmethodmustbeusedincalculaNngafeeawardregardlessofthefeecontract
betweenthea2orneyandtheclient.See,e.g.,Blairv.WashingtonStateUniversity,108Wn.2d558,740
P.2d1379(1987).InBlair,thetrialcourtawardedreducedfeestotheplainNffsbased(inpart)onthe
factthatsomeoftheira2orneyswereprobono.TheWashingtonSupremeCourtfoundthat“thetrial
courtabuseditsdiscreNoninevenconsideringtheplainNffs’publicinterestrepresentaNon”inseungits
feeaward.Insodoing,itcitedUnitedStatesSupremeCourtprecedent:“[A]courtmustavoid
decreasingreasonablefeesjustbecausethea2orneyisprobonopublicoratherthanana2orney
a2empNngtosecureprofit.”Id.at571(ciNngBlumv.Stenson,465U.S.886,104S.Ct.1541,79L.Ed.2d
891(1984)).
$[FULLHOURLYRATE]perhouriswellwithintherangeofcustomaryfeeratesin[COUNTY]
County.Thiscourtregularlyawardsfeesatarateof$[FULLHOURLYRATE]/hourormorein[TYPEOF
CASE]cases,eventorelaNvelyinexperiencedlawyersorinrelaNvelystraighxorwardcases.Incontrast,
$[DISCOUNTEDRATEACTUALLYINVOICED]perhouris,byanymetric,farbelowthemarketvalueofthe
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 3 - Attorney Fees, Part 2: View from a Low Bono Practitioner Jenny Anderson
MemorandumofLawsRe:A2orneyFeesPage5of5
legalservicesprovidedto[CLIENT].Itiscategoricallynota“reasonablehourlyrate.”InaddiNon,
[ATTORNEY]has[NUMBER]yearsofspecializedexperience[<Fillinyourrelevantexperience,training,
etc.,especiallyifyourfeeisonthehighendof“customary.”>].
[<DeletethissecNonunlessmakingafeerequestinWashingtonStateunderRCW26.09.140:>]
RCW26.09.140authorizestheawardofa2orneyfeesindissoluNoncases,including“enforcementor
modificaNonproceedingsamerentryofjudgment.”Thecourtisrequiredto“considerthefinancial
resourcesofbothparNes”andweightherequesNngspouse’sneedagainsttheotherspouse’sabilityto
pay.InreMarriageofKnight,75Wn.App.721,730,800P.2d71(Div.2,1994),reviewdenied,126
Wn.2d1011(1995).Asdiscussedabove,thelodestarmethodisgenerallyusedtocalculatereasonable
a2orneyfees.See,e.g.,Berryman,177Wn.App.at665.However,Washingtoncourtshavedeclinedto
mandateapplicaNonofthelodestarformulaindissoluNoncasesbecausetheprimaryfocusin
dissoluNoncasesisequity.InreMarriageofVanCamp,82Wn.App.339,918P.2d509(Div.3,1996)
(ciNngKnight,75Wn.App.at730).IncalculaNngareasonablefeeawardunderthisstandard,thecourt
shouldconsider“(1)thefactualandlegalquesNonsinvolved;(2)theamountofNmenecessaryfor
preparaNonandpresentaNonofthecase;and(3)thevalueandcharacterofthepropertyinvolved.”In
reMarriageofAyyad,110Wn.App.462,467,38P.3d1033(Div.1,2002),reviewdenied,147Wn.2d
1016(2002)(ciNngInreMarriageofFoley,84Wn.App.839,846,930P.2d929(Div.3,1997)).
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 3 - Attorney Fees, Part 2: View from a Low Bono Practitioner Jenny Anderson
WS
BA
Lo
w B
on
o S
ecti
on
an
d S
eatt
le U
niv
ersi
ty S
chool
of
La
w p
rese
nt
Th
e M
on
ey B
arr
ier:
1st
An
nu
al
Lo
w B
on
o L
aw
Con
fere
nce
How
to D
o L
ow
Bon
o P
an
el
Feb
ruary
24, 2017
11:2
0 a
m t
o 1
2:5
0 p
m
@ S
eatt
le U
niv
ersi
ty S
chool
of
Law
How
to L
ow
Bon
o C
hec
kli
st
Pan
eli s
ts:
Mary
Sak
agu
chi
Josh
ua T
urn
ham
mary
@sa
kagu
chil
aw
.com
josh
ua@
turn
ham
law
.com
Sak
aguch
i &
Ree
se
T
he
Law
Off
ice
of
Josh
ua
L. T
urn
ham
11120 N
E 2
nd S
tree
t, S
uit
e 201
214 E
ast
Gal
er S
tree
t, S
uit
e 100
Bel
levue,
WA
98004
Sea
ttle
, W
A 9
8102
T:
( 425)
456-1
840
Dan
York
dan
iel@
an
der
son
-york
.com
Ander
son, Y
ork
& S
trat
ton P
C
150 N
icker
son S
tree
t, S
uit
e 311
Sea
ttle
, W
A 9
8109
T:
(206)
728-2
244
T:
( 206)
395-9
267
Mod
erat o
r:
Jef
f L
ian
g
jeff
@li
ng
-lia
ng.c
om
Lin
g &
Lia
ng, P
LL
C
671 S
. Ja
ckso
n S
t. S
uit
e 201
Sea
ttle
, W
A 9
8104
T:
(206)
462-2
884
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 4 - How to Do Low Bono Liang, Sakaguchi, Turnham & York
Pag
e 2
The
foll
ow
ing c
hec
klis
t is
a s
ugges
ted l
ist
of
step
s to
take
and i
s by
no m
eans
a c
om
ple
te s
et o
f st
eps.
Y
ou s
hould
use
this
chec
klis
t as
a g
uid
e to
det
erm
ine
what
step
s yo
u n
eed t
o f
oll
ow
when
sta
rtin
g a
nd o
per
ati
ng y
our
low
bon
o p
ract
ice.
I. P
LA
NN
ING
/BU
DG
ET
ING
❏
Eval
uat
e
❏
Tole
r ance
for
Ris
k
❏
Man
a ger
ial
Skil
ls
❏
Mar
ket
ing S
kil
ls
❏
Conf i
den
ce L
evel
in L
egal
Skil
ls
❏
Det
erm
ine
low
bono p
ract
ice
area
s
and r
ates
❏
Wri
te a
busi
nes
s an
d m
arket
ing
pla
n ❏
Pro
j ect
ion o
f gro
ss r
ecei
pts
❏
Pro
j ect
ion o
f over
hea
d a
nd
expen
ses
❏
Pro
j ect
ion o
f net
rec
eipts
❏
Cas
h f
low
pro
ject
ions
❏
Pro
j ect
ion o
f hours
work
ed
❏
Mar
ket
able
exper
ience
❏
Set
t ing f
ees
to m
ake
a
pro
fit
❏
Conta
ct a
ccounta
nt
or
bookkee
per
for
acco
unt i
ng n
eeds
❏
How
wil
l you p
ay f
or
star
tup
expen
ses?
II. M
AR
KE
TIN
G P
LA
N/
PR
AC
TIC
E D
EV
EL
OP
ME
NT
❏
Pote
nt i
al C
lien
t B
ase
❏
Adver
t isi
ng
❏
Avvo?
❏
Web
site
❏
Med
i a
❏
Off
ice
signag
e
❏
Sig
n u
p f
or
KC
BA
Law
yer
Ref
erra
l S
ervic
e
❏
Fir
m b
roch
ure
❏
Cli
ent
new
slet
ter
❏
Join
civ
ic o
rgan
izat
ions
❏
Pro
duce
com
munit
y s
emin
ars
❏
Announce
men
ts
❏
Spea
k a
t C
LE
pro
gra
ms
❏
Wri
te A
rtic
les
❏
Join
WS
BA
Low
Bono S
ecti
on
❏
Join
oth
er W
SB
A s
ecti
ons
(fam
ily
law
, el
der
law
, et
c.)
III.
FO
RM
S O
F P
RA
CT
ICE
❏
Consi
der
❏
Tax
atio
n i
ssues
❏
Lia
bi l
ity p
rote
ctio
n
❏
Pra
ctic
e se
ttin
g
❏
Solo
Pra
ctic
e
❏
Par
t ner
ship
❏
Pro
fess
i onal
Corp
ora
tion
❏
Pro
fess
i onal
Lim
ited
Lia
bi l
ity C
om
pan
y (
don’t
use
if
oper
ate
in C
A)
❏
Form
atio
n D
ocu
men
ts
❏
PC
: A
rtic
les
of
Inc o
rpora
tion, B
yla
ws,
Buy-S
ell ,
etc
.
❏
PL
LC
: O
per
atin
g
Agre
emen
t
❏
Wit
hdra
wal
/ret
irem
ent
issu
es
❏
Co
mpen
sati
on a
nd p
rofi
t
dis
t rib
uti
on
❏
Eac
h p
artn
er’s
role
in t
he
pra
ctic
e
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 4 - How to Do Low Bono Liang, Sakaguchi, Turnham & York
Pag
e 3
The
foll
ow
ing c
hec
klis
t is
a s
ugges
ted l
ist
of
step
s to
take
and i
s by
no m
eans
a c
om
ple
te s
et o
f st
eps.
Y
ou s
hould
use
this
chec
klis
t as
a g
uid
e to
det
erm
ine
what
step
s yo
u n
eed t
o f
oll
ow
when
sta
rtin
g a
nd o
per
ati
ng y
our
low
bon
o p
ract
ice.
IV. O
FF
ICE
SP
AC
E/
LO
CA
TIO
N C
ON
SID
ER
AT
ION
S
❏
Off
ice
Buil
din
g
❏
Suble
a se
from
law
fir
m
❏
Mar
ket
ing a
nd n
etw
ork
ing
opport
unit
ies
❏
Ren
t-an
-Of f
ice
serv
ice
(Reg
us)
❏
Co-W
ork
ing S
pac
e (I
mpac
t H
ub,
WeW
ork
, et
c.)
❏
Clo
se t
o p
oss
ible
cli
ents
❏
Hom
e O
ffic
e
❏
Isolo
atio
n
❏
Mee
ting s
pac
e?
❏
Conf i
den
tial
ity
❏
Pri
va t
e sp
ace
to m
eet
cli e
nts
❏
Quie
t pl a
ce t
o w
ork
wit
hout
dis
trac
tion
V. B
AN
K A
CC
OU
NT
S
❏
IOL
TA
acc
ount
❏
Busi
nes
s oper
atin
g a
ccount
❏
Fir
m c
redit
car
d
❏
Chec
ks,
dep
osi
t sl
ips,
endors
emen
t
sta m
p
❏
Set
up a
ccount
to a
ccep
t cr
edit
car d
s ❏
Law
Pay
❏
Squar
e (w
atch
for
IOL
TA
com
pli
ance
)
VI.
TE
CH
NO
LO
GY
❏
Sof t
war
e
❏
Word
pro
cess
ing
❏
Tim
e an
d
bil
ling/a
ccounti
ng
❏
Cal
endar
ing a
nd d
ock
etin
g
❏
Conf l
icts
chec
kin
g
❏
Cas
e M
ana g
emen
t
❏
Docu
men
t as
sem
bly
❏
Spre
a dsh
eet
❏
Pre
s enta
tion s
oft
war
e
❏
Vir
us
pro
tect
ion
❏
Dig
ital
ass
ista
nt
❏
Ale
xa
❏
Cort
ana
❏
Hom
e
❏
Ef a
x s
ervic
e
❏
E-m
ail
❏
BA
CK
UP
SE
RV
ICE
!!!!
!!!!
❏
Pro
t ect
agai
nst
hac
kin
g
❏
Pra
ctic
e sp
ecif
ic s
oft
war
e
❏
Har
dw
are:
lap
top, co
mp
ute
r, e
tc.
❏
Sca
nner
s/P
rinte
rs
❏
Net
work
/ Fir
ewal
l
❏
Tab
lets
❏
Sm
artp
hone
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 4 - How to Do Low Bono Liang, Sakaguchi, Turnham & York
Pag
e 4
The
foll
ow
ing c
hec
klis
t is
a s
ugges
ted l
ist
of
step
s to
take
and i
s by
no m
eans
a c
om
ple
te s
et o
f st
eps.
Y
ou s
hould
use
this
chec
klis
t as
a g
uid
e to
det
erm
ine
what
step
s yo
u n
eed t
o f
oll
ow
when
sta
rtin
g a
nd o
per
ati
ng y
our
low
bon
o p
ract
ice.
VII
. O
FF
ICE
EQ
UIP
ME
NT
/SE
RV
I CE
S/S
UP
PL
IES
❏
Fax
Mac
hi n
e (E
fax i
nst
ead?)
❏
Mult
i-fu
nct
ion p
rinte
r/c o
pie
r
❏
Sca
nner
❏
Shre
dde r
or
use
a f
ree
shre
ddin
g
ser v
ice
❏
BE
CU
off
ers
free
shr e
ddin
g d
ays
❏
Dic
tati
on e
quip
men
t/V
oic
e
Rec
ognit
ion
Sof t
war
e
❏
Int e
rnet
ser
vic
e
❏
Tel
ephone
Syst
em
❏
VO
IP (
Rin
gce
ntr
al)
❏
Conf e
rence
cal
ling
❏
Fre
e s e
rvic
es
(Uber
Confe
rence
)
❏
Onli
ne
post
age
or
post
age
scal
e/m
ail
equip
men
t
❏
Pit
ney
Bow
es S
mar
t
Post
a ge
is $
16/m
onth
❏
Off
ice
Suppli
es (
pap
er, pen
s,
wri
t ing p
ads,
etc
.)
❏
Busi
nes
s ca
rds
❏
Add p
ract
ice
area
to b
ack
VII
I. L
IBR
AR
Y/L
EG
AL
RE
SE
AR
CH
❏
Onli
ne
legal
res
earc
h p
rovid
er
❏
WS
BA
: C
asem
aker
(fr
ee)
❏
WS
BA
Des
kbooks
(onli
ne
wit
h s
ubsc
ripti
on)
❏
Law
Lib
rari
es
❏
Sea
ttle
Univ
ersi
ty
Sch
ool
of
Law
❏
Univ
ersi
ty o
f
Was
hin
gto
n
❏
Kin
g C
ounty
Law
Lib
r ary
❏
CL
E D
eskb
ooks
❏
If u
sing W
estl
aw/L
exis
, th
ey w
ill
off
er p
rici
ng f
or
solo
s an
d s
mal
l
firm
s but
eval
uat
e w
het
her
you
wil
l be
usi
ng t
he
serv
ices
enough
to j
ust
ify t
he
cost
s
IX. P
RO
CE
DU
RE
S/C
HE
CK
LIS
TS
❏
Dev
elop o
ffic
e m
anual
/oper
atin
g
pro
c edure
s m
anual
/chec
kli
st
❏
Sta
nda r
d p
roce
dure
s/ch
eckli
st f
or
pra
ctic
e
❏
Dock
eti n
g, ca
lendar
ing,
tick
ler
syst
em
❏
Ente
r ing c
lien
t in
fo i
n
pra
ctic
e an
d c
ase
man
agem
ent
soft
war
e
❏
Fil
e nam
ing/n
um
ber
ing
syst
em
❏
Let
t er
YY
-MM
-DD
(Cli
ent
Nam
e)
(Outg
oi n
g)
Reg
ardi n
g
❏
Open
ing f
ile
pro
cedure
s
❏
Clo
sing f
ile
pro
c edure
s/re
tenti
on/
stor a
ge/
des
truct
ion
❏
Docu
men
t m
ainte
nan
ce
❏
Fir
epro
of
file
s
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 4 - How to Do Low Bono Liang, Sakaguchi, Turnham & York
Pag
e 5
The
foll
ow
ing c
hec
klis
t is
a s
ugges
ted l
ist
of
step
s to
take
and i
s by
no m
eans
a c
om
ple
te s
et o
f st
eps.
Y
ou s
hould
use
this
chec
klis
t as
a g
uid
e to
det
erm
ine
what
step
s yo
u n
eed t
o f
oll
ow
when
sta
rtin
g a
nd o
per
ati
ng y
our
low
bon
o p
ract
ice.
IX. P
RO
CE
DU
RE
S/C
HE
CK
LIS
TS
(CO
NT
INU
ED
)
❏
Form
s use
d i
n p
ract
ice
❏
Cli
ent
inte
rvie
w f
orm
❏
Engag
emen
t/non
-
engag
emen
t
Let
t ers
❏
Wri
tten
fee
agre
emen
ts
❏
Pra
ctic
e sp
ecif
ic c
hec
kli
sts
❏
Bil
l ing S
tate
men
t F
orm
❏
Gen
eral
cli
ent
cor r
esponden
ce,
noti
ces,
etc
.
❏
Cli
ent
surv
ey f
orm
aft
er
concl
usi
on o
f
rep
rese
nta
tion
❏
Cli
ent
bil
ling p
roce
dure
s
❏
Reg
ula
r m
onth
ly
sta t
emen
ts
❏
Det
aile
d b
illi
ng s
tate
men
t
❏
Coll
ecti
on p
oli
cy
❏
Cre
dit
car
ds
for
pay
men
t
IX. P
RO
CE
DU
RE
S/C
HE
CK
LIS
TS
(CO
NT
INU
ED
)
❏
Cli
ent
Rel
atio
ns
Poli
cy
❏
Set
t ing a
ppoin
tmen
ts,
int r
oduci
ng s
taff
❏
Ret
urn
i ng p
hone
call
s, e
-
mai
l m
essa
ges
❏
Cli
ent
inta
ke
form
/surv
ey
at
concl
usi
on o
f
rep
rese
nta
tion
❏
Kee
pin
g c
lien
ts i
nfo
rmed
❏
Pap
erle
s s?
❏
Sen
d c
opie
s of
work
and d
ocs
❏
Co
mm
unic
atin
g F
ees
❏
Acc
ounti
ng P
roce
dure
s
❏
Ban
k a
ccount
rec o
nci
liat
ion
❏
Acc
ounts
Rec
eivab
les
X. O
TH
ER
❏
Ins u
rance
❏
Pro
fess
i onal
lia
bil
ity
❏
Work
ers'
Co
mpen
sati
on
❏
Gen
eral
Lia
bil
ity
❏
Hea
lth I
nsu
rance
❏
Lif
e
❏
Dis
abi l
ity
❏
Per
s onnel
❏
Inde p
enden
t C
ontr
acto
r
Agre
emen
t (p
aral
egal
,
bookkee
pe r
, et
c.)
❏
Em
plo
yee
❏
Man
ua l
❏
Poli
cies
❏
Law
cle
r ks/
inte
rns
❏
Conf i
den
tial
ity
Agre
emen
t
❏
Lia
bi l
ity w
aiver
(fo
r
inj u
ry o
n t
he
job)
❏
Ins u
rance
?
❏
Bec
om
e a
nota
ry!
❏
Dev
elop a
dis
aste
r pla
n
❏
Co
mpute
r goes
dow
n, how
long i
s your
dow
n t
ime?
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 4 - How to Do Low Bono Liang, Sakaguchi, Turnham & York
Page 1
Access this document at: http://bit.ly/lowbono WSBA Low Bono Section and Seattle University School of Law present
The Money Barrier: 1st Annual Low Bono Law Conference
How to Do Low Bono Panel 11:20 am to 12:50 pm
I. One Task for Jill and Mike To Do
Mary Dan Joshua
Jill: Self-assess what type of practice does she want to have (low bono practice vs. practice with low bono element) Mike: Similar to Jill but assess how much of practice can he carve out for low bono.
Jill: Find your budget. Leaving a firm so use a budget to anchor her. What technology to adopt, hire staff, rent an office, etc.? Mike: Similar. He needs to consider a lifestyle hit and reassess budgets. Letting people know what he is doing (marketing, services, etc.). Jill should do the same.
Jill: Doing research on business side. Resources on entity structure, tax issues, operations, learn to bill, etc. Mike: Figure out what is budget now and what will it look like.
Page 2
Access this document at: http://bit.ly/lowbono II. Practice Management Tips and Recommendations
Page 3
Access this document at: http://bit.ly/lowbono
Mary Sakaguchi mary@sakaguchilaw.com
Dan York daniel@anderson-york.com
Joshua Turnham joshua@turnhamlaw.com
FIRM INFORMATION AND BACKGROUND
Firm size 2 person firm 3 person firm solo
Time in practice 14 yrs (first 4 yrs in CA) 5 yrs 1 yr
Practice Area family, real estate, some estate planning & bus
family, immigration, civil litigation, Title IV
consumer law (debt defense, foreclosure law, bankruptcy)
Location Seattle Bellevue (serves greater King and Sno. Co.)
Seattle
Flat fee or hourly? mostly hourly, but estate planning is flat rate
hourly (except immigration, which is flat rate; and civil lit, which is contingency)
both (mostly hourly)
How do you set standard fees/rates?
annually review their case work, professional work, and going rates for attys in the area w/ comparable experience
Based on experience and area norms
sliding scale, starting at $200/hr
How do you set "low bono" fees/rates?
sliding-scale based on MMP guidelines as a floor, some discretionary (based on "gut feeling"), some are discounted for being friends/family
a scale based on FPL (a guideline, not strictly followed)
similar to MMP's guidelines (based on FPL)
Page 4
Access this document at: http://bit.ly/lowbono
Income verification? not for MMP, yes for other sliding-scale clts
no, but most are family law so you find out anyway
no
PRACTICE TIPS AND RECOMMENDATIONS
Do you recommend having a marketing plan or a mission statement?
In general, yes. If your practice is exclusively low-bono, then absolutely.
This is really dependent upon practice area. I think a marketing plan is generally a good idea, however marketing dollars need to be carefully planned. A mission statement is a great idea for when you are considering expansion, as it no longer remains a personal philosophy, but instead a “firm ethos.”
Yes, but I’m bad at this. In my first year, I just didn’t have the budget for marketing. I did create a mission statement and business plan before I started, but don’t often go back to look at it.
Do you recommend having an office, using a co-working space, working from home, etc.?
This depends on your individual needs. I have an office because I work best in that environment and because I am not exclusively low-bono, I can afford to maintain one.
There are benefits and drawbacks to each, however having a space or having access to a space to meet clients is important.
I prefer to have an actual office. I sometimes work from home, but I am never as productive. What’s important is to find what works for you. What enables you to be productive?
Do you use checklists or have any established office procedures?
We have a checklist for file opening and closing and have tasked that process to our staff.
I use a Kanban-inspired workflow board on my wall. It has four panels: To Do, Waiting on Client, Waiting on 3rd Party, Completed. I add tasks as they come up to the appropriate panel.
Page 5
Access this document at: http://bit.ly/lowbono
How do you check for conflicts of interest?
Yes, you have to! We have an ongoing conflicts list that is regularly updated.
I check against my contacts list in Clio. It’s rarely a problem for me, though, since I represent mostly consumers against banks and debt collectors.
What do you use for docketing/calendaring?
Google calendar. Google calendar
How do you manage your files/records?
All pleadings/correspondence are scanned. Hard files are maintained for my notes, original documents. If the client is computer-literate, I prefer that we use a shared folder (Box or Dropbox). When the case is concluded, I notify my clients that I keep paper files for one year, then scan and destroy the paper file - at which time I will try to contact client with option to take the paper file. Original docs are immediately returned to client at conclusion of case.
We make valiant and failing efforts to be as paperless as possible. As a result, we keep our files on a cloud business system, which is handy for inter-office communication and tracking.
I keep most of my files digitally. For each client, I have a standard set of sub-folders (Pleadings, Drafts, Admin, Discovery) that is customized depending on the case. I keep hard copies if I have to, but don’t print things if I don’t have to.
What do you use for legal research and keeping up with changes to the law?
I use a scaled down version of Lexis, stay active on listserves for practice
Casemaker, the Family Law Deskbook (digital copy), subscription to all appellate
I follow a listserve in my practice area and try to attend relevant CLEs. I’ve been luck
Page 6
Access this document at: http://bit.ly/lowbono
related case updates, attend CLEs.
and supreme court decisions, and listserves.
to have a free Lexis account that will be running out soon. I will then learn how to use Casemaker.
What do you use for a backup service?
Most of my documents are on cloud storage (Box, Dropbox). I also have a physical backup for my computer.
Our cloud system acts as a backup to locally stored files.
I use an external harddrive.
What do you use for bookkeeping and accounting?
Quickbooks (desktop version) - I think the cloud based is not robust enough.
We have an accountant. Xero
Do you accept credit cards? If yes, what service do you use?
Yes - Lawpay. Yes. Accepting credit cards brings collections up and is worth the fee. We use Gravity Payments.
Yes; LawPay via Clio
What groups or organizations do you suggest participating in or being involved with?
Any community legal clinic, the law schools, or practice specific bar association. It is important to be involved.
Find a listserve in your practice area. Join a bar section and be active.
What do you use for billing and timekeeping?
Clio Harvest - ~$12 per month single user
Clio Boutique $69.00 per user/month
What do you use for a fax service?
RingCental Efax. Nextiva vFax $4.95/mo billed annually, 500 pages/month
What do you use for telephone service?
RingCentral Comcast, which is awful. Google voice Free
Page 7
Access this document at: http://bit.ly/lowbono
What do you use for your website (hosting/domain/design/content management)?
1&1.com; Microsoft 365 Squarespace, which is a self-design site that is extremely intuitive.
DreamHost $27.90 per two years
What do you use for email? Microsoft 365 Gmail business (yearly fee) w/upgraded space at ~$2/month
Gmail Free
Page 8
Access this document at: http://bit.ly/lowbono III. How to Low Bono Checklist
I. PLANNING/BUDGETING
❏ Evaluate ❏ Tolerance for Risk ❏ Managerial Skills ❏ Marketing Skills ❏ Confidence Level in Legal
Skills ❏ Determine low bono practice areas
and rates ❏ Write a business and marketing
plan ❏ Projection of gross receipts ❏ Projection of overhead and
expenses ❏ Projection of net receipts ❏ Cash flow projections ❏ Projection of hours worked ❏ Marketable experience ❏ Setting fees to make a
profit ❏ Contact accountant or bookkeeper
for accounting needs ❏ How will you pay for startup
expenses?
II. MARKETING PLAN/ PRACTICE DEVELOPMENT
❏ Potential Client Base ❏ Advertising ❏ Avvo Advertising ❏ Website ❏ Media ❏ Office signage
❏ Sign up for KCBA Lawyer Referral Service
❏ Firm brochure ❏ Client newsletter ❏ Join civic organizations ❏ Produce community seminars ❏ Announcements ❏ Speak at CLE programs ❏ Write Articles ❏ Join WSBA Low Bono Section ❏ Join other WSBA sections (family
law, elder law, etc.)
III. FORMS OF PRACTICE
❏ Consider ❏ Taxation issues ❏ Liability protection
❏ Practice setting ❏ Solo Practice ❏ Partnership ❏ Professional Corporation ❏ Professional Limited
Liability Company (don’t use if operate in CA)
❏ Formation Documents ❏ PC: Articles of
Incorporation, Bylaws, Buy-Sell, etc.
❏ PLLC: Operating Agreement
❏ Withdrawal/retirement issues ❏ Compensation and profit
distribution ❏ Each partner’s role in the practice
Page 9
Access this document at: http://bit.ly/lowbono
IV. OFFICE SPACE/ LOCATION CONSIDERATIONS
❏ Office Building ❏ Sublease from law firm
❏ Marketing and networking opportunities
❏ Rent-an-Office service (Regus) ❏ Co-Working Space (Impact Hub,
WeWork, etc.) ❏ Close to possible clients
❏ Home Office ❏ Isoloation ❏ Meeting space?
❏ Confidentiality ❏ Private space to meet
clients ❏ Quiet place to work
without distraction
V. BANK ACCOUNTS
❏ IOLTA account ❏ Business operating account ❏ Firm credit card ❏ Checks, deposit slips, endorsement
stamp ❏ Set up account to accept credit
cards ❏ Law Pay ❏ Square (watch for IOLTA
compliance)
VI. TECHNOLOGY
❏ Software ❏ Word processing ❏ Time and
billing/accounting ❏ Calendaring and docketing ❏ Conflicts checking ❏ Case Management ❏ Document assembly ❏ Spreadsheet ❏ Presentation software ❏ Virus protection ❏ Digital assistant
❏ Alexa ❏ Cortana ❏ Google Home
❏ Efax service ❏ E-mail ❏ BACKUP SERVICE!!!!!!!!
❏ Protect against hacking ❏ Practice specific software ❏ Hardware: laptop, computer, etc. ❏ Scanners/Printers ❏ Network/Firewall ❏ Tablets ❏ Smartphone
Page 10
Access this document at: http://bit.ly/lowbono
VII. OFFICE EQUIPMENT/SERVICES/SUPPLIES
❏ Fax Machine (Efax instead?) ❏ Multi-function printer/copier ❏ Scanner ❏ Shredder or use a free shredding
service ❏ BECU offers free
shredding days ❏ Dictation equipment/Voice
Recognition Software
❏ Internet service ❏ Telephone System
❏ VOIP (Ringcentral) ❏ Conference calling
❏ Free services (UberConference)
❏ Online postage or postage scale/mail equipment
❏ Pitney Bowes Smart Postage is $16/month
❏ Office Supplies (paper, pens, writing pads, etc.)
❏ Business cards ❏ Add practice area to back
VIII. LIBRARY/LEGAL RESEARCH
❏ Online legal research provider ❏ WSBA: Casemaker (free) ❏ WSBA Deskbooks (online
with subscription) ❏ Law Libraries
❏ Seattle University School of Law
❏ University of Washington
❏ King County Law Library
❏ CLE Deskbooks ❏ If using Westlaw/Lexis, they will
offer pricing for solos and small firms but evaluate whether you will be using the services enough to justify the costs
IX. PROCEDURES/CHECKLISTS
❏ Develop office manual/operating procedures manual/checklist
❏ Standard procedures/checklist for practice
❏ Docketing, calendaring, tickler system
❏ Entering client info in practice and case management software
❏ File naming/numbering system
❏ Letter YY-MM-DD (Client Name) (Outgoing) Regarding
❏ Opening file procedures ❏ Closing file
procedures/retention/ storage/destruction
❏ Document maintenance ❏ Fireproof files
Page 11
Access this document at: http://bit.ly/lowbono
IX. PROCEDURES/CHECKLISTS (CONTINUED)
❏ Forms used in practice ❏ Client interview form ❏ Engagement/non-engagem
ent Letters
❏ Written fee agreements ❏ Practice specific checklists ❏ Billing Statement Form ❏ General client
correspondence, notices, etc.
❏ Client survey form after conclusion of representation
❏ Client billing procedures ❏ Regular monthly
statements ❏ Detailed billing statement ❏ Collection policy ❏ Credit cards for payment
IX. PROCEDURES/CHECKLISTS (CONTINUED)
❏ Client Relations Policy ❏ Setting appointments,
introducing staff ❏ Returning phone calls,
e-mail messages ❏ Client intake form/survey
at conclusion of representation
❏ Keeping clients informed ❏ Paperless?
❏ Send copies of work and docs
❏ Communicating Fees ❏ Accounting Procedures
❏ Bank account reconciliation
❏ Accounts Receivables
X. OTHER
❏ Insurance ❏ Professional liability ❏ Workers' Compensation ❏ General Liability ❏ Health Insurance ❏ Life ❏ Disability
❏ Personnel ❏ Independent Contractor
Agreement (paralegal, bookkeeper, etc.)
❏ Employee ❏ Manual ❏ Policies
❏ Law clerks/interns ❏ Confidentiality
Agreement ❏ Liability waiver
(for injury on the job)
❏ Insurance? ❏ Become a notary! ❏ Develop a disaster plan
❏ Computer goes down, how long is your down time?
HO
W T
O D
O L
OW
BO
NO
WSB
A 1
ST
AN
NU
AL
LOW
BO
NO
LAW
CO
NFER
EN
CE
Fe
bru
ary
24
, 2
01
7 @
Se
att
le U
niv
ers
ity S
ch
oo
l o
f La
w
Pa
ne
lists
:
-Ma
ry S
aka
gu
ch
i (S
aka
gu
ch
i a
nd
Re
ese
, P
LLC
)
-Jo
sh T
urn
ha
m (
Law
Off
ice
of
Jo
shu
a L
. Tu
rnh
am
, P
LLC
)
-Da
n Y
ork
(A
nd
ers
on
, Y
ork
, a
nd
Str
att
on
, P
C)
Mo
de
rato
r:
Je
ff L
ian
g (
Lin
g a
nd
Lia
ng
, P
LLC
)
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 4 - How to Do Low Bono Liang, Sakaguchi, Turnham & York
Jill
ha
s w
ork
ed
fo
r fo
urs
ye
ars
at
a m
ed
ium
siz
ed
firm
as
an
ass
oc
iate
. S
he
no
w w
an
ts t
o o
pe
n u
p a
pra
ctic
e d
oin
g f
am
ily
law
, a
do
ptio
n,
an
d a
ssis
ted
re
pro
du
ctio
n la
w. Sh
e m
ay
co
nsi
de
r a
dd
ing
oth
er
pra
ctic
e a
rea
s, b
ut
she
is
no
t su
re w
ha
t
wo
uld
be
to
o m
uc
h.
Ad
ditio
na
lly,
Jill
ha
s a
str
on
g
co
mm
itm
en
t to
he
lpin
g o
the
rs a
nd
ma
kin
g le
ga
l se
rvic
es
mo
re a
cc
ess
ible
, b
ut
she
ha
s c
on
ce
rns
ab
ou
t m
an
ag
ing
he
r
stu
de
nt
loa
n d
eb
t w
hile
ru
nn
ing
a la
w p
rac
tic
e.
Mik
e
Jill
Mik
e is
an
exp
erie
nc
ed
att
orn
ey,
with
fiv
e y
ea
rs a
t a
big
firm
an
d h
is la
st t
en
ye
ars
in s
olo
pra
ctic
e.
His
cu
rre
nt
pra
ctic
e
are
as
inc
lud
e s
ma
ll b
usi
ne
ss,
tax, a
nd
est
ate
pla
nn
ing
. M
ike
wo
uld
lik
e t
o g
rad
ua
lly o
ffe
r lo
w b
on
o s
erv
ice
s w
ith
th
e g
oa
l
of
spe
nd
ing
ab
ou
t 3
0%
of
his
tim
e o
n lo
w b
on
o w
ork
an
d 7
0%
on
fu
ll ra
te s
erv
ice
s. M
ike
is u
nsu
re h
ow
to
se
t h
is lo
w b
on
o
rate
s, b
ut
is in
tere
ste
d in
le
arn
ing
mo
re a
bo
ut
slid
ing
sc
ale
rate
s.
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 4 - How to Do Low Bono Liang, Sakaguchi, Turnham & York
1)
Wh
at
are
th
e b
en
efits
an
d c
on
ce
rns
Jill
an
d M
ike
sh
ou
ld c
on
sid
er
wh
en
sta
rtin
g a
low
bo
no
firm
(Jill
) o
r o
ffe
rin
g lo
w b
on
o s
erv
ice
s
(Mik
e)?
2)
Ho
w s
ho
uld
Jill
an
d M
ike
ap
pro
ac
h m
ark
etin
g a
nd
ne
two
rkin
g?
Fo
r
exa
mp
le, h
ow
do
th
ey d
eve
lop
a n
etw
ork
ing
str
ate
gy o
r m
ark
etin
g
pla
n, c
ultiv
ate
re
latio
nsh
ips
with
se
rvic
e p
rovid
ers
ge
rma
ne
to
th
eir
pra
ctic
e a
rea
s, e
tc.?
3)
Ho
w c
an
Jill
an
d M
ike
de
term
ine
th
eir f
ee
str
uc
ture
fo
r lo
w b
on
o
clie
nts
? W
ha
t su
gg
est
ion
s d
o y
ou
ha
ve
fo
r M
ike
to
de
term
ine
wh
en
to
ch
arg
e lo
w b
on
o r
ate
s a
nd
wh
en
to
ch
arg
e f
ull
rate
s?
4)
Sh
ou
ld J
ill a
nd
Mik
e d
eve
lop
a b
ud
ge
t a
nd
if y
es,
ho
w d
o t
he
y
de
ve
lop
a b
ud
ge
t to
ta
rge
t a
nd
prio
ritize
firm
/ca
se g
oa
ls?
Qu
est
ion
s fo
r Jill
an
d M
ike
?
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 4 - How to Do Low Bono Liang, Sakaguchi, Turnham & York
5)
Wh
at
too
ls a
nd
te
ch
no
log
y s
ho
uld
Jill
an
d M
ike
co
nsi
de
r u
sin
g in
th
eir
pra
ctic
e?
W
ha
t tip
s d
o y
ou
ha
ve
fo
r th
em
as
the
y t
est
an
d a
do
pt
tec
hn
olo
gy?
6)
Sh
ou
ld J
ill a
nd
Mik
e r
en
t a
n o
ffic
e?
If n
o, w
ha
t o
the
r o
ptio
ns
sho
uld
the
y c
on
sid
er?
7)
Sh
ou
ld J
ill a
nd
Mik
e h
ire
sta
ff s
uc
h a
s a
re
ce
ptio
nis
t, b
oo
kke
ep
er,
or
a
pa
rale
ga
l on
a c
on
tra
ct
ba
sis?
If y
es,
wh
at
are
yo
ur
tip
s o
n h
irin
g a
nd
ma
na
gin
g s
taff
?
8)
Wh
at
sho
uld
Jill
an
d M
ike
use
fo
r le
ga
l re
sea
rch
an
d h
ow
do
th
ey k
ee
p
up
on
de
ve
lop
me
nts
in t
he
law
?
Qu
est
ion
s fo
r Jill
an
d M
ike
?
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 4 - How to Do Low Bono Liang, Sakaguchi, Turnham & York
9)
Jill
an
d M
ike
are
on
e y
ea
r in
to t
he
ir lo
w b
on
o p
rac
tic
es.
W
ha
t
sug
ge
stio
ns
or
wa
rnin
gs
do
yo
u h
ave
fo
r th
em
go
ing
fo
rwa
rd?
10)
If J
ill a
nd
Mik
e a
re f
ee
ling
iso
late
d in
th
eir p
rac
tic
e s
ett
ing
s, w
ha
t c
an
the
y d
o t
o c
on
ne
ct
with
oth
er
law
ye
rs?
Qu
est
ion
s fo
r Jill
an
d M
ike
?
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 4 - How to Do Low Bono Liang, Sakaguchi, Turnham & York
Ma
ry S
ak
ag
uc
hi
Sa
ka
gu
ch
i &
Re
ese
, P
LLC
ma
ry@
s ak
ag
uc
hila
w.c
om
Da
n Y
ork
An
de
rso
n,
Yo
rk &
Str
att
on
, P
C
da
nie
l@a
nd
ers
on
-yo
rk.c
om
Jo
shu
a T
urn
ha
m
The
La
w O
ffic
e o
f Jo
shu
a L
. Tu
rnh
am
josh
ua
@tu
rnh
am
law
.co
m
Je
ff L
ian
g
Lin
g &
Lia
ng
, P
LLC
jeff
@lin
g-l
ian
g.c
om
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 4 - How to Do Low Bono Liang, Sakaguchi, Turnham & York
Session 5 - Increasing Access to Justice through Technology
Dan Lear – Reading and Resources
1. Website - Dan’s Legal Year in Review – http://lawyernomics.avvo.com/dans-2016-year-in-review
2. Article - Sink or swim: Are you adapting to the New Legal Consumer? -
http://lawyernomics.avvo.com/practice-management/client-relationships/adapting-to-the-new-
legal-consumer.html
1
Hackers?
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 5 - Increasing Access to Justice through Technology: A Survey Dan Lear
2
1) Who are hackers, really?
2) Three lessons hackers
can teach legal
professionals
3) Law + Hacking =
Awesomeness (Examples)
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 5 - Increasing Access to Justice through Technology: A Survey Dan Lear
3
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 5 - Increasing Access to Justice through Technology: A Survey Dan Lear
4
Evolution of Hacking
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 5 - Increasing Access to Justice through Technology: A Survey Dan Lear
5
Evolution of Hacking (cont.)
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 5 - Increasing Access to Justice through Technology: A Survey Dan Lear
6
Lesson #1
Don’t confuse
process with
result
Expensive Desk Calculator
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 5 - Increasing Access to Justice through Technology: A Survey Dan Lear
7
Lesson #2
Technology is not
witchcraft
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 5 - Increasing Access to Justice through Technology: A Survey Dan Lear
8
Lesson #3
Doing > Talking
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 5 - Increasing Access to Justice through Technology: A Survey Dan Lear
9
Examples
Due Processr
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 5 - Increasing Access to Justice through Technology: A Survey Dan Lear
10
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 5 - Increasing Access to Justice through Technology: A Survey Dan Lear
11
What do legal consumers actually want?
The New Legal Consumer
bit.ly/SULBNLC
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 5 - Increasing Access to Justice through Technology: A Survey Dan Lear
12
Driven Law & Unconvicted
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 5 - Increasing Access to Justice through Technology: A Survey Dan Lear
13
Washington Probate & Washington Wills
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 5 - Increasing Access to Justice through Technology: A Survey Dan Lear
14
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 5 - Increasing Access to Justice through Technology: A Survey Dan Lear
15
Paper Health
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 5 - Increasing Access to Justice through Technology: A Survey Dan Lear
16
Immigration
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 5 - Increasing Access to Justice through Technology: A Survey Dan Lear
17
More Good Stuff?
bit.ly/LearYIR
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 5 - Increasing Access to Justice through Technology: A Survey Dan Lear
18
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 5 - Increasing Access to Justice through Technology: A Survey Dan Lear
19
Dan Lear@rightbrainlaw
Director of Industry Relations, Avvodlear@avvo.com
Thank You!
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 5 - Increasing Access to Justice through Technology: A Survey Dan Lear
Resources – Session 6 - Recognizing and Avoiding Moral Distress
Corley, Mary. Nurse moral distress: a proposed theory and research agenda. Nursing Ethics 2002. 9(6)
2002. Available at http://journals.sagepub.com/doi/pdf/10.1191/0969733002ne557oa
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 6 - Recognizing and Avoiding Moral Distress Jessica S. Martin & Carrol Alvarez
How to Handle Moral Distress:
ADDITIONAL RESOURCES AVAILABLE TO ATTORNEYS THROUGH THE WSBA
Lawyers Assistance Program:
“The Lawyers Assistance Program (LAP) promotes the health and well-being of WSBA members.
LAP offers job search groups and consultations; educational programming on attorney self-care
and mental health; web resources; trainings for Peer Advisors; and support for those concerned
about an attorney. All services are confidential according to (APR 19). “
http://www.wsba.org/Resources-and-Services/Lawyers-Assistance-Program
o Phone: (855) 857-9722
o Email: lap@wsba.org
o Crisis Clinic Hotline: (866) 857-9722
WSBA Connects:
“Through WSBA Connects support is available across the state with 24/7 phone access
whenever you are experiencing emotional or behavioral concerns that may be affecting your
practice or the quality of your life.
WSBA Connects® offers free, confidential statewide access to counseling in lawyers’ local
communities. Through our partnership with wellness provider APS, support is available across
the state with 24/7 phone access whenever you are experiencing emotional or behavioral
concerns that may be affecting your practice or the quality of your life. A referral to an APS
provider in your community follows this initial consultation. All WSBA members are eligible for
three free counseling sessions.”
http://www.wsba.org/Resources-and-Services/WSBA-Connects
o Phone: (800) 765-0770
o WSBA Connects online portal: http://www.powerflexweb.com/1063/login.html
Company Code: WSBA
Ethics Line:
“As members of the legal profession, it can be difficult to figure out your professional
responsibilities under the ethics rules. Understanding this need, the Bar provides a confidential
ethics line to its members who have questions about their prospective ethical conduct. A
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 6 - Recognizing and Avoiding Moral Distress Jessica S. Martin & Carrol Alvarez
member may speak directly with the Bar's professional responsibility counsel and receive
informal guidance.
Common ethical issues are conflict of interest, client confidentiality, withdrawal, client
communications, fee arrangements, trust accounts, and advertising.”
http://www.wsba.org/Resources-and-Services/Ethics
o Ethics Line: (206) 727-8284 or (800) 945-WSBA (9722)
Low Bono Section Listserve/Mentorship:
“The Low Bono Section is a community for lawyers, law students, and other professionals who
are committed to providing, promoting, and learning about low bono services.”
http://www.wsba.org/Legal-Community/Sections/Low-Bono-Section
Benefits of membership include access to the members-only listserve and mentorship
programs.
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 6 - Recognizing and Avoiding Moral Distress Jessica S. Martin & Carrol Alvarez
USING AND MAINTAINING YOUR RESILIENCE WHEN STRESSED AND
DISTRESSED
Some Ideas
1. Believe in your ability to cope The belief that you can influence the events and
circumstances of your life is essential to resilience. This doesn’t mean you think
you can control everything. Instead, cultivate your ability to focus on what you can
influence and control. It’s important to focus on what you CAN do when faced with
things you can’t change.
2. Remember times you’ve coped in the past You may not want to have to deal with
this or other difficult situations and times, but you know you actually can. Try to
remember crises with which you have successfully coped, how enormous or painful
they seemed at the time, and how you got through them. Things that have been
helpful to you at other times will help you now and just remembering that you have
coped will help you have a sense of mastery.
3. Face reality Resilient people truly understand and face the reality of their
situation, even if it’s emotionally difficult. Sugarcoating a difficult situation
doesn’t help you cope. Instead, face reality in a way that allows you to prepare to
manage it.
4. Remember to breathe Take time regularly to check in with your breathing.
When people are stressed, they tend to breathe shallowly or hold their breath, and
this creates more stress. Put your hands on your belly and breathe down into that
part of your body, and then breathe a big sigh out. The exhale should last longer
than the inhale. More carbon dioxide out helps regulate the stress-related
chemicals in your blood.
5. Try to get a normal amount of sleep If you are having trouble sleeping, consider
herbal teas, soothing music, a white noise machine, or relaxation exercises to help
you get the amount of sleep you need. Sleep loss can create major havoc with your
nervous system and make hard times harder.
6. Exercise When stress-related chemicals build up in your body, one of the best
ways to get relief is to exercise – shoot some hoops, take walks, wash the car, clean
out a closet, dance.
7. Use humor Humor provides you with perspective and needed relief. A good
laugh increases the heart rate, releases healing hormones, and stimulates muscles.
It relaxes the body and generates a feeling of well-being. Got a favorite dumb
movie that makes you laugh? Watch it!
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 6 - Recognizing and Avoiding Moral Distress Maintaining Resilience - Alvarez
Page 1 of 2
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 6 - Recognizing and Avoiding Moral Distress Jessica S. Martin & Carrol Alvarez
8. Stay focused Have a clear sense of what you are trying to achieve and use your
goals and priorities to stay on track during turbulent times. Don’t waste your
energy on unimportant details or thinking about things you can’t control. Try to
stay focused. If you do become temporarily sidetracked, refocus on your goals and
what matters most to you. Remember: you can only do what you can do, one piece
at a time, one day at a time.
9. Use your support system Research on stress and coping says that talking with
supportive others and sharing what’s going on improves one’s ability to recover from
illness and positively affects one’s health. Following a landmark UCLA study on
friendships between women, scientists suggest that hanging out with our friends
can actually counteract the kind of stomach-quivering stress most of us experience
on a daily basis.
10. Do things after work to get into a state of “flow” Do things that absorb your
attention, that require focus and complexity – chess, crafts, wood carving, baking,
needlework, fly-tying, playing with your children – being involved in pleasurable
activities is a sure-fire way to get away from the stress for awhile. Use your
stress as an excuse and permission to work on something you love.
11. Be self-aware Transforming change and difficulty into a useful experience
requires that you stay open to not just the reality of the situation but also to the
reality of your strengths and limitations. The only way you can develop a coping
strategy is through an honest assessment of the kinds of assistance you need. If
you have the willingness to acknowledge and express your feelings and a genuine
desire for self-understanding, you’ll be better prepared to face adversity.
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 6 - Recognizing and Avoiding Moral Distress Maintaining Resilience - Alvarez
Page 2 of 2
The Money Barrier: 1st Annual Low Bono Law Conference February 24, 2017
Session 6 - Recognizing and Avoiding Moral Distress Jessica S. Martin & Carrol Alvarez
Recommended