Uncategorized – NWSidebar

by NWSidebar

A Teen’s Viewpoint on Host Homes as an Option to Provide Housing

KV, a lanky 15-year-old boy, appeared in the doorframe of YouthCare shelter’s meeting room. He saw a jar of candies and methodically picked through to find the “good” ones. KV then sat down, surrounded by a group of YouthCare shelter staff and a youth law attorney. KV is not yet eligible for Transitional Living Program (TLP), which is available to youth when they reach age 16, and he doesn’t want to be “shelter hopping.”
“A host home sounds like a decent option for me and anyone else like me,” he said.
Youth who lack stable housing and cannot return home to their families have few options. Minors seeking to temporarily or permanently secure safe and stable housing can file for a Child in Need of Services (CHINS), a minor guardianship, or private dependency petition. Yet those ways mean they must experience the adversarial legal process of court, talk to a judge, disclose private aspects of their life (including traumas they will have to relive), and miss school. They often still have an emotional relationship with their parents and caregivers, which gets poked and prodded during court hearings.

by NWSidebar

Building Collectivistic Cultural Relevance, Competency for Estate Planning

Providing estate planning and end-of-life services to an ailing parent generation, within a culture that does not have tools in place to easily do so, is going to require new strategies and forward thinking about cultural relevance and cultural competency.
The issue is vast and complex, so I believe a good place to begin is with the hesitancy of many people to move forward with formal estate planning. This is especially true among those who are first-generation immigrants from a collectivistic culture, thereby leading to higher risk that their wishes will not be properly expressed during the end-of-life process.

by NWSidebar

Warhol Foundation Doesn’t Benefit From ‘Plagiarist Privilege’

Andy Warhol Foundation for the Visual Arts, Inc. V. Goldsmith concerns whether the Andy Warhol Foundation (AWF) infringed the copyright held by Lynn Goldsmith in her photograph of the artist Prince, when it licensed Warhol’s version (“Orange Prince”) of Goldsmith’s photograph to the media company Condé Nast for a magazine cover. At issue was whether the fair use defense applies to appropriation. Rather than broadly refashion the law, the Court issued a narrowing interpretation of the first fair use factor, in the form of a new judicial test.

by NWSidebar

WA Legislature Special Session: A History of Drug Possession Law Following State v. Blake

In the evening of sine die of the 2023 session, April 23, the “Blake Bill”—the E2SSB 5536 conference committee proposal for replacing the expiring criminal provisions of ESB 5476 (2021)—was brought to the floor of the House and failed, an unexpected result. Much media attention has been paid to the apparent political snafu, but less attention has been paid to the history, evidence, policy options, and principles that underlay the votes taken that evening.

Gov. Jay Inslee has announced his intent to convene a special session to address this legislation, beginning May 16. Washington’s legal community has an immediate opportunity to express individual opinions to Washington’s elected decision makers about whether, and to what extent, use of criminal sanctions against people solely for drug use is consistent with the values and vision of Washington’s and the United States’ promises of justice for all.

by NWSidebar

A Star Wars Exploration of the Law of Armed Conflict—Part II

Previously in the first part of this Star Wars-themed blog series, we examined the surprisingly nuanced legal realm of war crimes. To do so, of course, we examined through a lens forged a long, long time ago in a galaxy far, far away—and by taking a look at the galaxy’s most sinister protagonist-turned-antagonist-turned-protagonist again, Darth Vader. In this blog sequel, we’ll continue to examine the alleged war crimes of Mr. Vader as carried out in the finale of the Star Wars prequel trilogy, Episode III, and then the beginning events of the original trilogy as depicted in “Rogue One” as well as that trilogy itself.

by NWSidebar

Should I Open My Own Law Firm?

How do you know if going independent and starting a law firm business is the right choice for you? In this article, I’ll give you some of the tools you need to determine whether it’s time to ditch a traditional office role and strike out on your own.

by NWSidebar

Meet the Law School Representatives of 2023

Consider that a student who expects to graduate law school this year will have spent most of their education amid a global pandemic. Their legal academia would have taken place during historic global protests, a historic attack on the U.S. Capitol building, and the reversal of massively controversial legal precedent. In all, law students today are looking at a world full of inflation and, arguably, some of the greatest challenges for our legal system in modern history. Each year, the Washington State Bar Association partners with our state’s three law schools and selects a law student representative from each. These student representatives both serve as liaisons who communicate issues facing students to the WSBA, and who share WSBA resources with their fellow students.

by NWSidebar

This Memorial Day AG Ferguson Salutes Those Who Died to Keep Our Country Safe

Each year on Memorial Day, we pause to honor those who have served in our armed forces. We hold deep gratitude and admiration for the men and women who have risked everything for our safety, security, and health. For those who are no longer with us, we keep their memory alive by solemnly remembering their sacrifice. This year, service members have been called to the front lines to continue managing the COVID-19 pandemic and fighting the natural disasters threatening communities across our state.

by NWSidebar

Legal Multitasking: The Advantages of Multiple Section Membership

More than 10,000 WSBA members are also members of the nearly 30 sections spread across the many diverse practice areas of the law. Through sections, these members band together to share knowledge, perfect their skills, and push the boundaries of the legal profession. Just as no single legal professional is limited to one area of law, a number of WSBA members are actually members of multiple sections. Nicholas Pleasants, for example, is one such lawyer. A solo practitioner and owner of Pleasants Law Firm, he participates in three WSBA sections. Read on to find out why he does it and what he gets out of it.

by NWSidebar

COVID-19 Legal Need Checklist is the Latest Tool to Help Washingtonians in Need

In 2020, the Access to Justice (ATJ) Board established a COVID-19 Response Work Group to collaborate with other organizations in identifying and addressing community needs and systemic issues that arose or were exacerbated by the pandemic. The result is now available and being distributed throughout the state in the form of a COVID-19 Legal Needs Checklist.

by NWSidebar

Washington Forms New National Chapter of the FBA

For the first time, the state of Washington has its own chapter within the Federal Bar Association (FBA). Washington’s new FBA chapter was initiated by Susan D. Pitchford and Diane Butler. Pitchford previously served as president of the FBA Oregon State Chapter, and Butler has experience with such nonprofit organizations as the American Immigration Lawyers Association, the Trade Development Alliance of Greater Seattle, and the FBA.

by NWSidebar

Hidden Gems You Probably Didn’t Think are in the WSBA Lending Library

Sadly, many WSBA members are unaware that as members they have free access to hundreds of titles through the WSBA Lending Library. Even sadder, many WSBA members think the Lending Library is just another repository for dusty tombs of legal text that weigh as much as a neutron star but are far less interesting. Happily, many WSBA members, in this regard, are wrong.

by NWSidebar

Building a Culture of Gender Equity: Insights from a Majority-Women-Owned Firm

I am the managing shareholder of a 50+ attorney business law firm with 29 equity partners: 16 women and 13 men. Stokes Lawrence was founded 40 years ago by two men. While we did not consciously seek to be majority women owned, we have always attracted and been successful retaining women lawyers. In fact, our firm was recently admitted to the National Association of Women and Minority Owned Law Firms

by NWSidebar

Washington Legislative Recap: 2021 Session Summary for Legal Professionals

On April 25, the Washington State Legislature closed its unprecedented 2021 Regular Session, capping 105 days in Olympia that for the first time was also conducted nearly entirely virtually. Despite a few technical glitches and Zoom missteps, that have become commonplace during pandemic life, the session went surprisingly smoothly and WSBA Legislative Affairs was busy throughout, monitoring hundreds of bills that are of interest to lawyers and other legal professionals.

by NWSidebar

Take Our Quiz: Which Type of Legal Volunteer Are You?

There are many available volunteer opportunities at the WSBA. Use this quiz to get some ideas for which roles align with your interests, skills, and professional goals. Please note that certain eligibility requirements may apply for a given volunteer role. To learn more and see all available roles, check WSBA Volunteer Opportunities and read the […]

by NWSidebar

History and Remembrances in the New Issue of Bar News

“I have mixed feelings about Black History Month … and I get concerned when people try to compartmentalize the discussions of the African American experience into a single month,” retired University of Washington professor Dr. Quintard Taylor tells Washington State Bar News. “But at the same time, I recognize that celebrating the month is a golden opportunity because for the longest time, that is up until relatively recently, people weren’t recognizing Black history, until it was introduced to them by Black History Month. So that being said, I could understand how it would be important for lawyers, attorneys, judges, along with everyone else to be aware of African American history.