[WSBAPT] Please Read if You Value the Real Property, Probate & Trust Section

Thu Jan 21 10:00:18 PST 2016

Thanks for posting that interesting and useful information, Geoff.  It's good to have that perspective.

Lisa E. Schuchman
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of G. Geoffrey Gibbs
Sent: Thursday, January 21, 2016 9:13 AM
To: WSBA Probate & Trust Listserv
Cc: dml at dmliebmanlaw.com; walawj99 at yahoo.com; dpb at site7000.com; rle at wechslerbecker.com
Subject: Re: [WSBAPT] Please Read if You Value the Real Property, Probate & Trust Section

What I was able to find was a single page entitled "Table of Section Support by Department" in the materials for the section policy workgroup.  Link below.  It is just a few pages in (8 of 76 I think).  I was not able to find (although my search was less than thorough) a more definitive breakdown.
http://www.wsba.org/~/media/Files/About%20WSBA/Governance/Sections%20Policy%20Workgroup/Appendices.ashx
There is an underlying policy issue here for WSBA as a whole.  For most members (keeping in mind that about half of WSBA members are solo practitioners or very small firms), WSBA is part of their life in January when they have to register to retain the membership or upon the receipt of a discipline inquiry.  Even if a member was interested, the communications about the leadership and BOG comes for most only through the Bar News (NW Lawyer) or if on rare occasions a Governor routinely communicates with his or her constituents.
The other notable exception to the above flows for the most part through the "sections", the list-serves they maintain and the CLE's they put on.  While WSBA historically dominated the CLE business (which is what it is), that is no longer true and they have not been able to really compete in a meaningful way with the competition.
One way that WSBA could retain or recapture some relevance to the vast majority of its members is enhancing and supporting the sections.  As I read the work group materials, this issue arose because the WSBA financial folks see revenues from sections at $300,000 to $400,000 but their allocation of "support" expense provided by WSBA is $700,000.  Those section leaders that I have encountered in my travels have never exuded positive feedback for the staff support from WSBA and have many times bristled over the interference by WSBA staff (e.g., scheduling of meetings/CLE's, etc.).
I would hope that section leaders would get together and express a strong positive position that the expenditure of funds by WSBA is a true measure of outreach to the members (evidently there are 10,000+ members who belong to a section, 1 in 3).  There should be a commitment by the BOG to the sections as a viable and necessary function of the organization.
The March meeting is in Olympia and that usually means a very short agenda and session with limited opportunity for debate, discussion, etc.  Section leadership might consider contacting Past-President Gipe in this regard to ensure that the response of the sections is presented adequately.  Just because the issue might be considered at a later meeting as well should not be good enough because once a direction is clearly stated, it is hard to derail.
Best to all my colleagues for 2016.
               Geoff Gibbs
G. Geoffrey Gibbs | Anderson Hunter Law Firm
2707 Colby Avenue | Everett, WA  98201
Phone: (425) 252-5161 | Fax: (425) 258-3345
ggibbs at andersonhunterlaw.com<mailto:ggibbs at andersonhunterlaw.com> / www.andersonhunterlaw.com<http://www.andersonhunterlaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John White
Sent: Wednesday, January 20, 2016 3:43 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Please Read if You Value the Real Property, Probate & Trust Section

Did the bar staff provide a breakdown or support for the "cost" of $700,000 and use of 44 staff to support the sections?

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sherry Bosse Lueders
Sent: Wednesday, January 20, 2016 3:13 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Please Read if You Value the Real Property, Probate & Trust Section

Dear Real Property, Probate & Trust Section Members -

I am writing to let you know about a WSBA initiative that threatens the continued existence of the Sections program as we know it.

What's happening?

In October 2015, a Workgroup convened to discuss administrative improvements to the WSBA's Sections program. The Workgroup did not include any active Section chairs, other Section officers, or even Section members.

There are 28 Sections that represent various practice areas and fields of interests. At approximately 2,400 members, RPPT is the largest Section. It is also one of the most successful Sections in providing benefits to members.

The Workgroup issued draft policy proposals on December 30, 2015 (available here<http://www.wsba.org/About-WSBA/Governance/Sections-Policy-Work-Group>) that would substantially alter the Sections program. These changes include:

1.         Pooled Financial Resources. Currently, each Section has its own treasury and operates its own budget, although only a small portion of your $25 Section membership fee goes directly to the RPPT Section's fund, while the WSBA keeps $17.75.

The Workgroup proposes to pool all Section resources. Under this approach, even more of your RPPT Section membership fees and even more of the RPPT Section's CLE revenues could be used to fund activities of any other Section and any other WSBA administrative expenses. WSBA already takes 70% of our Section Dues and 50% of the Section's CLE revenues. Going forward, under the proposals, the Section would forfeit all of that revenue back to the WSBA annually.

2.         Forfeiture of Financial Reserves. Through careful planning and profitable CLE programming, the RPPT Section leadership has always maintained healthy financial reserves (currently about $130,000, of approximately $1.2M in the total Sections funds balances among all 28 sections). We use these reserves to (i) keep dues to the lowest level possible, (ii) ensure continuity of programming, and (iii) continue to grow and evolve in how we pursue our mission and serve our members, including things like our new Fellows Program for new and young lawyers, funding a First Responders Will Clinic, providing free tuition and scholarships to new and young lawyers, and continuing to focus on diversity, inclusion, and other important issues and causes.

Under the Workgroup's proposal, in violation of current WSBA Bylaws, our Section's reserve fund would be forfeited to the WSBA's general operating fund. Some of it would be placed in a pooled resources account to be used by other sections, but it's clear WSBA intends to use much of the Section funds to cover its own administrative costs.

3.         Lost Autonomy. Your volunteer RPPT Section leadership currently has substantial autonomy in our budgeting and programming decisions. The Workgroup's proposals would give the WSBA staff power to control and veto the Section leadership's decisions regarding what types of programs to bring you and when and how to do so. This loss of jurisdiction and autonomy is directly contrary to the WSBA Bylaws provisions (Article XI) authorizing and defining the jurisdiction of the Sections and it is contrary to how RPPT has operated for decades.

What is our Response?

Your Section's leadership strongly opposes the policies advanced by the Workgroup. Membership in Sections is completely voluntary. We believe it is common sense that your membership dollars should go towards the Sections you elect to join. We are also very concerned about the loss of our treasury reserves, which we use for the purposes described above, and about the lost autonomy over our programming.

The RPPT Section is run by practicing attorneys - just like you. We do not believe the Bar's staff understands the challenges you face and the role you play better than we do.

We understand that the primary driver for all of the above is the WSBA's own declining financial reserves. A key concern pointed to is that some sections cost more to administer than the revenue they produce. But a quick review of the WSBA 2016 budget reveals that the net expense of administering all 28 sections is only $107,000, while administrative costs associated with operating the Board of Governors is $757,003, or 4.6% of the WSBA's total annual budget. We believe the better place for the WSBA to look is curtailing the BOG's administrative expenses.

In the short time since we learned of the proposals we have moved swiftly to respond. We have finalized our written feedback and that feedback was submitted to the Workgroup and the Board of Governors this afternoon. A copy of our response is attached to this email and is also located on the RPPT website (available here<http://www.wsbarppt.com/uploads/RPPT_Memo%20RE%20Sections%20Policies%20WEB%20LISTS.pdf>).

What can you do?

If you value the work of our Section, please act now to have your voice heard. The deadline for feedback to the Workgroup is this Friday, January 22nd. You may share your feedback by emailing sections at wsba.org<mailto:sections at wsba.org>. We also ask that you contact your Board of Governors representative.

Please know that your Section's leadership is committed to working on your behalf. We will strive to ensure you have continued access to the programming and resources you have come to expect.

Sincerely,

Heidi Orr, Chair
Real Property, Probate & Trust Section<mailto:sections at wsba.org>

Heidi L. G. Orr | Lane Powell PC
Shareholder | Bio | vCard
1420 Fifth Avenue, Suite 4200
P.O. Box 91302 | Seattle, WA 98111-9402
Direct: 206.223.7742
OrrH at LanePowell.com | www.lanepowell.com
<mailto:sections at wsba.org>

Sherry Bosse Lueders | Of Counsel

Stacey L. Romberg, Attorney at Law
Telephone:  (206) 784-5305
Fax:  (206) 789-8103

Visit our website at http://staceyromberg.com/.

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