The Money Barrier - Seattle University School of Law

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,[email protected]

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).



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.



How to Join: Visit www.wsba.org/Legal-Community/Sections/Low-Bono-Section, or simply scan this QR Code.



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.




Session 2 - Attorney Fees, Part 1: View from the Bench Ponomarchuk

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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.


Session 3 - Attorney Fees, Part 2: View from a Low Bono Practitioner Jenny Anderson


- JennyAnderson([email protected])andForrestCarlson([email protected])

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




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.




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




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)).



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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


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



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

❏

Google

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



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



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?



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.

http://bit.ly/lowbono

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 [email protected]

Dan York [email protected]

Joshua Turnham [email protected]

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


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


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


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


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


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


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


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?


Page 12



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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

http://lawyernomics.avvo.com/dans-2016-year-in-review

http://lawyernomics.avvo.com/practice-management/client-relationships/adapting-to-the-new-legal-consumer.html

http://lawyernomics.avvo.com/practice-management/client-relationships/adapting-to-the-new-legal-consumer.html

1

Hackers?


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)



3



4

Evolution of Hacking



5

Evolution of Hacking (cont.)



6

Lesson #1

Don’t confuse

process with

result

Expensive Desk Calculator



7

Lesson #2

Technology is not

witchcraft



8

Lesson #3

Doing > Talking



9

Examples

Due Processr



10



11

What do legal consumers actually want?

The New Legal Consumer

bit.ly/SULBNLC



12

Driven Law & Unconvicted



13

Washington Probate & Washington Wills



14



15

Paper Health



16

Immigration



17

More Good Stuff?

bit.ly/LearYIR



18



19

Dan Lear@rightbrainlaw

Director of Industry Relations, [email protected]

Thank You!



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


Session 6 - Recognizing and Avoiding Moral Distress Jessica S. Martin & Carrol Alvarez

http://journals.sagepub.com/doi/pdf/10.1191/0969733002ne557oa

http://journals.sagepub.com/doi/pdf/10.1191/0969733002ne557oa

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: [email protected]

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



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.



http://www.wsba.org/Resources-and-Services/Ethics

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!


Session 6 - Recognizing and Avoiding Moral Distress Maintaining Resilience - Alvarez

Page 1 of 2



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.


Session 6 - Recognizing and Avoiding Moral Distress Maintaining Resilience - Alvarez

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