[WSBAPT] Fw: Fwd: Update from WSBA Governor Paul Swegle

Mon Nov 5 19:50:29 PST 2018

Not quite sure I understand this. The most important aspect of the bar association for me are the sections. What does this mean for the sections and the monthly section meetings?

Sent on IPHONE- please excuse text and spelling errors. 

Theresa Dowell
Dowell Law Offices
Suite 300
11900 NE 1st St. 
Ridgewood Corp. Sq. 
Bellevue, WA 98005

(206) 660-1502

TEEDowell at aol.com 

Confidentiality Notice: This message is intended only for the person to which it is addressed. If you are not that person, immediately destroy all copies and delete email. Contact sender. 

> On Nov 5, 2018, at 2:56 PM, "jacyphers at gmail.com" <jacyphers at gmail.com> wrote:
> 
> 
> See below update on the WSBA issues and it may effect the Sections.
>    
>  
> Jackie Cyphers
> Jeannette A. Cyphers, Attorney at Law
> P. O. Box 908   
> Edmonds, WA 98020-0908
> 425-776-5887
> fax 425-640-0814
> jacyphers at gmail.com
>  
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>  
> -------Original Message-------
>  
> From: Paul S
> Date: 11/5/2018 1:00:36 PM
> To: undisclosed-recipients:,
> Subject: Fwd: Update from WSBA Governor Paul Swegle
>  
> Hello fellow Members of the WSBA, 
> 
> This report represents my own personal views and not those of the WSBA. 
> 
> If you received this email indirectly and wish to be on my email list, "Concerned Members of the WSBA," email me at pswegle at gmail.com to opt in.
> 
> Bifurcation - Structure Workgroup
> 
> At the very bottom of this email are web screen grabs from last Thursday's "Structure Workgroup" meeting, regarding possibly splitting the WSBA into a mandatory/regulatory entity and a voluntary/professional association. 
> 
> Right below is a high resolution picture of a matrix of WSBA programs. This important document is intended to depict purely mandatory/regulatory programs on the left, and purely voluntary/professional association programs on the right, with harder-to-categorize programs in the middle. 
> 
> <WSBA Program Matrix Nov 1 20181.jpg>
> 
> The Structure Workgroup meeting included an overview of the legal/constitutional considerations around bifurcation. See the slides below. The meeting was chaotic at times, and there was a "this isn't what I want" attitude from some in charge that I do not find convincing. 
> 
> Several attendees later contacted me to say they thought the meeting was "strange" and conducted in a "very unprofessional" manner. I'll just leave it at that....  Similar complaints emerged from a recent section leaders meeting that I was unable to attend. 
> 
> Although the Structure Workgroup got off to a somewhat secretive start, it seems to be opening up and I intend to push for full transparency and high Member engagement going forward. 
> 
> In the event our state Supreme Court ultimately mandates bifurcation, our Members must make their voices heard regarding how bifurcation should be accomplished. 
> 
> Here are a few of my thoughts on the subject:
> 
> Major Cost Cutting Must Be Part of the Process. I believe any bifurcation must take certain significant costs out of the equation by shifting them to the Court, where they belong in my view. I believe the bifurcated entities would also need to vacate the current, expensive downtown Seattle offices. 
> 
> Without substantial budget reductions, total dues under the new split structure will be too high and Members will be far less inclined to join the voluntary professional association. Members are already telling me they do not think many would join the voluntary entity if total dues are not reduced. 
> 
> This is the tragedy we should all focus on preventing - the loss of our vibrant professional association, including the sections and all of the great work they do to provide professional education, training, mentoring and camaraderie. 
> 
> There are individuals involved in this process whom I have heard express total lack of concern about the potential loss of a state-wide legal professional association. Because they are not involved in the work of the sections, they have little or no appreciation for what they do and what's at stake. 
> 
> This is why Members who value the sections and the other professional association functions of the WSBA must be involved in this process. 
> 
> Status of the BOG/WSBA
> 
> I have traveled the state over the last couple weeks giving law and ethics talks in Spokane, Leavenworth and Seattle. Everywhere I go, Members ask "what is going on at the WSBA?!!!"  My usual response is "I don't know, what have you heard?!" 
> 
> The unfortunate truth is that the situation is deteriorating: 
> 
> Attacks on Reform Governors. Reform governors have been under severe attacks for months. The worst of these politically motivated attacks are conveniently highly confidential and cannot be discussed. Do not ask me, other governors, or anybody else about them please. There is a long and ugly tradition of political retaliation in this organization, which is one of the more insidious attributes we have been hoping to eliminate through our now-suspended reforms. 
> 
> WSBA Staff Morale Has Tanked.  As both a long-time section leader and as a governor, I have strong relationships with staff throughout the WSBA. A number of staffers have told me two things in recent days and weeks - (i) they were incredibly disappointed by the Supreme Court's letter suspending our reforms and (ii) "everybody is looking." 
> 
> Other governors have heard similar accounts of rapidly escalating staff disaffection. 
> 
> Staffers have cited the Court's letter, the existence of the Structure Workgroup and the highly confusing statements promoting bifurcation by a certain WSBA leader as causing severe job uncertainty throughout the WSBA. Many of the best and brightest apparently intend to bail out as quickly as possible. If this happens, it will be disruptive. 
> 
> The Court's letter suspending the vital powers of the Board of Governors to enact bylaw changes is obviously concerning to most governors. Governors and members alike struggle to understand the stated connection between studying bifurcation and suspending governance and leadership reforms. 
> 
> Many on the Board are also increasingly frustrated with President Pickett. His persistent confusion around the scope and nature of his role and authority is troubling. It is a frequent topic of conversation among individual governors. 
> 
> Governors also noted recently that President Pickett awarded key committee assignments to non-reform governors, while reform-oriented governors fared less well in their committee assignments. This was the source of a major row that I stayed out of. 
> 
> I believe the Court's letter has inadvertently emboldened authoritarian-type behavior at the top of the WSBA. Instead of the more balanced and less centralized governance we were striving for through our reforms, we have taken big steps backward. 
> 
> What's Next?
> 
> The BOG's next meeting is on Nov 16, 2018 at the WSBA offices. Given the Court's suspension of much of the BOG's authority, it is hard to imagine that anything of importance will happen, aside from more "training" of the governors, as indicated below. 
> 
> Here's the agenda so far, as posted on the WSBA website: 
> 
> Preliminary Schedule
> Friday, Nov. 16
> 8 a.m.        BOG & Staff Training
> 9 a.m.        Executive Session
> 11 a.m.       Public Session
> Noon          Lunch
> 1:15 p.m.    Public Session
> 5 p.m.         Adjourn
> 
> FYI, it may take me longer than usual to reply to any questions or comments over the next couple days. I apologize in advance if that occurs. 
> 
> Sincerely, 
> 
> Paul Swegle
> Governor, District 7N
> Immediate Past Chair, Corporate Counsel Section
> Member, Securities Law Committee
> Washington State Bar Association
> __________________________
> Paul Swegle
> General Counsel
> (206) 300-7165
> Startup GC Blog
> Contract Drafting and Negotiation 
> "...Swegle provides a clear methodology 
> to understand and analyze business contracts 
> in this exceptionally useful book...."  - Kirkus Reviews
> 
>          
> 
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