The Way Things Are: Niccolo Machiavelli

Posted On Feb 18 2017 by

  How true: It must be remembered that there is nothing more difficult to plan, more doubtful of success, nor more dangerous to manage than a new system. For the initiator has the enmity of all who would profit by the preservation of the old institution and merely lukewarm defenders in those who gain by the new ones.  ― Niccolò Machiavelli


Power of Supreme Court – More Thoughts

Posted On Feb 18 2017 by

I think the Supreme Court began expanding its power over the Washington State Bar Association of 1913 in 1987 or so when William S. Gates, Sr., in a letter to the Court, wrote about WA General Rule 12.  I also think that at that time the Supreme in GR 12.1(b)22 said: (22) Establish the amount of all license, application, investigation, and other related fees, as well as charges for services provided by the Washington State Bar Association, and collect, allocate, invest, and disburse funds so that its mission, purposes and activities may be effectively and efficiently discharged. The amount of …


The Power of the Supreme Court

Posted On Feb 1 2017 by

The extent to which the Supreme Court thinks it has authority over the Washington State Bar Association is not unrelated to the power the Supreme Court is attempting to exercise over entire state of Washington.  See Eugster Law Office.  


Case 5, Reply filed

Posted On Dec 23 2016 by

Case 5 is a US District Court, Eastern District, Washington.  The primary issue in the case is whether the WSBA Washington Lawyer Discipline System violates Eugster’s right to procedural due process of law under the Fifth and Fourteenth Amendments. Yesterday Eugster filed his Reply Brief. All of the necessary pleadings in the trial court and the 9th Circuit may be found at the Case 5 page of this site.      


The New Washington State Bar [sic] Association, Case VIII

Posted On Dec 3 2016 by

The Washington State Bar Association, created by the Bar Act of 1933, came to an end on September 30, 2016 when the WSBA Bylaws were significantly amended. During the afternoon of that day, the WSBA Board of Governors acted to re-form the bar association into an association which includes new mandatory members and mandatory dues payers. The members are lawyers, limited practice officers (APR 12), and limited license legal technicians (APR 28). The “new” WSBA will also operate discipline systems for the groups of new members. This new association is referred to herein as “WSBA 2017″ or “New WSBA.”  The previous association is …


One cannot look upon this effort as personal

Posted On Dec 3 2016 by

Saturday, December 3, 2016, 8:19 am To do this work, one cannot take it personally. Success is not personal. Failure is not personal. This work is something else. It is a battle for ideas and ideals. There are winners and losers, but only in the battle which is being played out. I say I am advocating a better Washington Lawyer Discipline System. The bar association and its representatives say I am a disgruntled lawyer who should be disciplined, suspended or disbarred. They are wrong. I am not, nor do I feel, estranged from the law and the practice of law. …


WSBA Records Case VII: Does the Washington Public Records Act Apply?

Posted On Sep 29 2016 by

Case VII is a WSBA Records Request.  The court rule regarding Bar Records, GR 12.4, is used.  The question which will eventually be raised and decided is whether the Court Rule GR 12.4 applies to the exclusion of the Washington Public Records Act, RCW Ch. 42.56. In the recent the WSBA’s  Response to Eugster’s Appeal to the Records Review Appeal Officer under GR 12.4, the WSBA takes the position the Washington Public Records Act, RCW Ch. 42.56, does not apply.  Here is what the WSBA says: As a preliminary matter, access to Bar records is governed by GR 12.4. Therefore, …


WSBA Today: Big Changes are Coming

Posted On Sep 14 2016 by

I watched a WSBA Webinar today.  It was about changes in WSBA governance.  The changes have been discussed and commented upon for over two years.  In September at the WSBA BOG (Board of Governors) meeting certain items will be discussed. The person to whom questions concerning the changes and the reason for the changes were addressed to Robin Hayes, the Spokane lawyer who will succeed Bill Hyslop (a former partner of mine).  Ms. Hayes was quite energetic in her answers but each time she avoided the answers which truly explained what the “New WSBA” was about.  She was politically adept, surprisingly …


Unauthorized Practice of Law — Minnesota v. Colorado Attorney Helping In-laws

Posted On Sep 2 2016 by

In late August, 2016, the Minnesota Supreme Court admonished a Colorado lawyer for helping his in-laws regarding a judgment against them by a condominium association.  The judgment was about $2,500.  The Colorado lawyer corresponded with the Minnesota lawyer representing the association.  The Minnesota attorney filed a complaint.  The bar and the Minnesota Supreme court held that the communications with the Minnesota attorney by the Colorado attorney about his in-law’s judgment consisted of the unauthorized practice of law.  Minn. High Court Scolds Colo. Atty for In-Laws Case.  The decision can be found here — Case A15-2078, Supreme Court of the State …


ABA Law School Accreditation Authority Questioned

Posted On Aug 9 2016 by

National Advisory Committee on Institutional Quality and Integrity  of the Department of Education.  See this discription of the NACIQI The Post in Findlaw NACIQI: ABA Is out of Touch and Should Lose Accreditation Power  says that the ABA accredition power is being questioned.  Some say the ABA is out of touch with the times. The transcript can be found at this link