June The official publication of the Number 6 S C B A

News

SCBA

June 2020

The official publication of the Snohomish County Bar Association

Volume 48Number 6

2 Snohomish County Bar News - JUNE 2020

SCBA News

Published by theSnohomish County

Bar AssociationP.O. Box 5429

Everett, WA 98206

Jacob GentEditor

Terri CallantineMagazine Production

& Website

Joyce WoodExecutive [email protected]

Snohomish County BarAssociation Officers

Cory ReinPresident

Todd HubbardVice President

William SullivanTreasurer

Jacob GentSecretary

TrusteesAmanda Effertz

John FollisIan Johnson

Kari PetrasekDanielle Pratt

Stephen RitchieAaron ShieldsAimee Trua

© 2020 bySnohomish County Bar Association.

Printed by the SCBAAll editorial material including editorial comment appearing herein represents the views of the respec-tive authors and does not necessarily carry the en-dorsement of the Association or the Board of Trust-ees. Likewise, the publication of any advertisement is not to be construed as an endorsement of the prod-uct or service offered unless it is specifically stated in the ad that there is such approval or endorsement.SCBA News is published monthly by the Snohom-ish County Bar Association, P.O. Box 5429, Everett, WA 98206.

Send changes of address to:Snohomish County Bar AssociationP.O. Box 5429, Everett, WA 98206

InsIde ThIs Issue

AdverTIsIng And submIssIons

ConTACT us

SCBA Office: (425) 388-3056 / e-mail: [email protected]

SCBA Fax: (425) 388-3978

Web site: www.snobar.org

Lawyer Referral Service: (425) 388-3018

Announcements: SCBA members only. Contact Joyce Wood at (425) 388-3056 or [email protected].

Classifieds: Please contact Joyce Wood for rates and submission guidelines at (425) 388-3056 or at [email protected].

Submissions: Contact Joyce Wood at (425) 388-3056 or at [email protected].

Deadline: Copy must be received (not postmarked) by the 15th of each month for the subsequent issue. No cancellations will be accepted after the deadline. Please submit to the SCBA office at P.O. Box 5429, Everett, WA 98206, Microsoft Word Format (Mac or PC) by e-mail. WordPerfect users, save your files in either MS Word format or Rich Text format (RTF).

« Calendar of Events

« A Letter From the Editor

« Lawyers Road Review - Flight of the Stirling - Part 3

« Notice From Snohomish County District Court

« The Face of a Legal Technician - Risk vs Uncertainty

« Announcements

« Advertisements

Like us on Facebook

JUNE 2020 - Snohomish County Bar News 3

sCbA CAlendAr of evenTs

superIor CourT AssIgnmenTs

September 2020 3rd Young Lawyers Section Meeting 7th Courthouse Closed 15th Deadline SCBA Newsletter 17th SCBA Board of Trustees Meeting 21st Family Law Section Meeting

July 2020 2nd Young Lawyers Section Meeting 3rd Courthouse Closed 15th No Deadline SCBA Newsletter16th SCBA Board of Trustees Meeting20th Family Law Section Meeting

August 2020 6th Young Lawyers Section Meeting 15th Deadline SCBA Newsletter 20th NO SCBA Board of Trustees

Meeting 24th Family Law Section Meeting 28th SCBA Golf Tournament

June 2020 4th Young Lawyers Section Meeting 15th Deadline SCBA Newsletter15th Family Law Section Meeting 18th SCBA Board of Trustees Meeting25th Aqua Sox game

November 2020 5th Young Lawyers Section Meeting 15th Deadline SCBA Newsletter 16th Family Law Section Meeting 19th SCBA Board of Trustees Meeting26th & 27th Courthouse Closed

October 2020 4th Young Lawyers Section Meeting 15h Deadline SCBA Newsletter 15h Family Law Section Meeting 18h SCBA Board of Trustees Meeting

Civil Trial CallMay 18th - July 3rd Weiss 10

Civil Motions CalendarMonday Tuesday Wednesday Thursday Friday

May 18 - May 22 Farris Okrent Lucas Farris OkrentMay 25 - May 29 Lucas Farris Okrent Lucas FarrisJune 1 - June 5 Okrent Lucas Farris Okrent Lucas

June 8 - June 12 Farris Okrent Lucas Farris OkrentJune 15 - June 19 Lucas Farris Okrent Lucas FarrisJune 22 - June 26 Okrent Lucas Farris Okrent LucasJune 29 - July 3 Farris Okrent Lucas Farris Okrent

Criminal Hearings CalendarsC304 C201 Dept. 12

May 18-May 22 Thompson Kurtz OkolokoMay 25- May 29 Langbehn Thompson EllisJune 1 - June 5 Kurtz Ellis LangbehnJune 8 - June 12 Okoloko Langbehn ThompsonJune 15 - June 19 Thompson Okoloko LangbehnJune 22 - June 26 Ellis Kurtz ThompsonJune 29 - July 3 Kurtz Ellis Okoloko

Judges Consolidated ScheduleMay 18 - July 3


A leTTer from The edITor

JACob W. genT

continued on page 7

Auto insurers offering economic relief to consumers in response to COVID-19, but is it enough?

No doubt you have noticed the significant reduction in traffic as a result of the COVID-19 crisis over the past few months. “Stay at Home” orders in Washington state and across the country have resulted in millions of Americans no longer commuting to work either because they are now working from home, or worse, have been furloughed or lost their jobs due to the widespread economic contracture caused by the global health crisis.

With the dramatic decrease in the number of cars on the road comes also a precipitous reduction in the number of motor vehicle collisions and resultant auto insurance claims. This reduction in claims activity directly corresponds to fewer miles driven by consumers, which is a key factor in setting premium rates by insurers. The savings enjoyed by auto insurers through a reduction in claims expenses paid should be passed along to consumers impacted by COVID-19 restrictions on movement.

In a letter dated March 18, 2020 to the insurance commissioners of all fifty states, the Consumer Federation of America (CFA) and the Center for Economic Justice (CEJ) stated, “All insurers, directly or indirectly, use some measure of miles driven to determine rates, so the actions to contain COVID-19, which have radically reduced driving in America, will result in savings to the system that can be quantified and returned to American consumers.”

“The likelihood of a motor vehicle accident drops radically when the number of cars on the road drops radically,” said Robert Hunter, Director of Insurance for CFA. “Consumers who paid auto insurance premiums based on driving an estimated 1,000 miles a month but who are now driving 200 miles a month… should get relief from their auto insurers. Windfall profits for insurers and excessive insurance premiums should not be yet another blow to consumers from COIVD-19.”

In mid-March, the CFA and CEJ called for auto insurance relief for consumers in the wake of decreased driving due to COVID-19. Since then most major insurers have responded with a wide variety of relief programs. Two insurers, Allstate and American Family Insurance, announced they would give back

approximately $800 million to their customers. On April 6th Allstate said it would refund about 15% of premiums paid by its customers in April and May, totaling approximately $600 million. American Family followed suit by announcing a one-time, $50 rebate check per vehicle in each household insured with the company totaling approximately $200 million.

But according to Dan Karr, CEO of ValChoice, a data analytics company and insurance industry watchdog, Allstate is only giving back only a fraction of its savings in reduced claim payments during the crisis. An 85% drop in the number of auto collisions is a conservative estimate according to Karr, who explained that data confirms this is the percentage of collisions that occur during periods of heavy traffic. “Data shows accident rates go up exponentially as traffic increases, and even a 5% reduction in traffic will make a difference”

Auto insurers are likely to continue benefiting from reduced driving long after the stay-at-home orders are lifted. Many consumers will continue working from home either full- or part time, while others will be out of work because their employer closed its doors as a result of the crisis. According to the Federal Highway Commission, workers driving or riding in cars to and from work makes up about 28% of miles driven in a normal time.

The CFA and CEJ have calculated the relief promised by auto insurers for March, April and May now exceeds $7 billion. But according to their findings, that is not nearly enough given the increased profits insurers are realizing by virtue of reduced clam payments.

“For those insurers providing premium relief, the relief ranges from just over 10% to 35% of two months premiums, with the vast majority of insurers providing only 15%. With some data showing motor vehicle accidents down 50% or more, more relief is needed for March, April, and May from nearly all insurers,” said Mr. Hunter. “It’s clear that premium relief of 30% or more will be needed for these months.”

“Auto insurance is regulated by the states and state laws require auto insurance rates to be cost-based and not excessive,” said Birny Birnbaum, economist and Execute Director of CEJ. “That means insurers must provide the auto premium relief because the rates based on pre-COVID-19 restrictions have become excessive.”

A joint CFA/CEJ study released on May 7, 2020 reported the typical premium relief provided by insurers to date is half what it should be based on current driving and claims statistics. The report shows


The lAWyer’s roAd revIeW

by peTe pATTerson

Flight of the Stirling Part Three: The English Channel

Recall in parts one and two of this true story, the Royal Air Force bomber squadron 149 from Suffolk equipped with the Short Stirling is detailed to cross the Alps to bomb the Fiat airplane works in Turin Italy. Despite its known shortcoming; an inability to climb high enough to cross the mountains. Providence smiled upon the crew and a pass was found. Yet the low flight aircraft and her crew is terribly abused over the target, and now must make its way back across occupied France for England, harried not only by a headwind and low fuel, but also the Germans below.

Somewhere over France, a miracle occurred. The wind came back around to cease the headwind, and instead moved to the northwest. Yet they were still over occupied France. Search lights roamed for the craft representing this engine sound the Germans heard in the sky. Suddenly the cockpit was ablaze in light, not from a flak burst this time but from multiple ground lights; the bomber was “coned” making it an easier target for further flak. The surviving crew reported later the impacts of the shots were like a dentist’s automatic hammer on teeth.

Middleton summoned his remaining strength and pressed the kite into a dive, weaving between the main flak channels reaching up to strike them, down, down to where he pulled the ship out in a flash, and left the coning searchlights behind.

Suddenly the men saw the glow of the moon on the English Channel below them. The crew began to prepare to ditch, but Middleton eased back on the stick. The ship began to climb. Middleton, his voice now barely a whisper, asked Jeffery for a final fuel report. The flight engineer replied, “I can guarantee five minutes petrol time, but not ten.” “Prepare to bail out,” Middleton coughed.

The Stirling crossed the English coast and Middleton flew two miles inland as a safety margin to ensure the men’s parachutes would not just be blown back to sea before giving the order to bail out. Hyder was assisted to the escape hatch by the front gunner Makie, who then sat down in the co-pilots seat and requested permission to continue flying the aircraft. Royde, Cameron, and the rear gunner Gough went out after Hyder.

Wounded and oblivious somehow to the events outside of his station, the wireless operator from Yorkshire, Pilot Officer Norman Skinner was still working his post. He reported a new bearing he had received and heard the answer, “Don’t be a bloody fool, they have all bailed out.” He left his station with his parachute, and went forward to see some of the crew just leaving the aircraft. Remaining were Makie, Skinner, Jeffery and Middleton, who then turned the aircraft out to sea. Makie pushed Skinner to jump and told him to, “Go, jump!” So he did, landing in the English countryside.

Here is where certainty ends. Here is where we speculate about what possessed Middleton to aim the bomber back to sea, toward the English Channel, and whether he or the other two on board bailed out. Most presume Middleton knew he would never survive the leap, and that he wanted to ensure the bomber would not crash land into the English countryside, perhaps injuring civilians. This sort of thing had happened, and Middleton was that sort of airman to make sure

this did not happen on his watch.

When a heavy craft such as the Stirling runs out of petrol it is not an easy glide path. Ditching was a perilous effort under the best of circumstances. The bodies of Jeffery and Makie washed up on shore the next day. Middleton’s washed ashore months later.

Royde and Skinner were awarded the Distinguished Flying Cross. Hyder, Cameron,

and Gough were awarded the Distinguished Flying Medal. Middleton was posthumously advanced in rank to Pilot Officer, and awarded the nation’s highest military honor for valor; the Victoria Cross. He was 26 year old when he died. �


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Judicial Dispute Resolution, LLCis pleased to announce and welcome

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CHARLES S. BURDELL JR.Former King CountySuperior Court Judge

STEVE SCOTTFormer King CountySuperior Court Judge

GEORGE FINKLEFormer King CountySuperior Court Judge

BRUCE HELLERFormer King CountySuperior Court Judge

PALMER ROBINSONFormer King CountySuperior Court Judge

LARRY A. JORDANFormer King CountySuperior Court Judge

PARIS K. KALLASFormer King CountySuperior Court Judge

LINDA LAUFormer Appellate and Superior Court Judge


Letter from the Editor continued from page 4

SALISH MEDIATIONExperience, Integrity, Solutions

Arden J. BedleFormer Superior Court Commissioner (Ret.)

P.O. Box 194Monroe, WA 98272

[email protected]

Bill is an attorney at Mill Creek Law; has over 40 years of experience as a trial lawyer; is a Fellow of the American Academy of Matrimonial Lawyers; has completed 40 hours of intensive training in mediation through the Academy; and has been successfully mediating Family Law, Civil, Commercial and Estate cases for over 25 years.

For scheduling, email Helga Watson [email protected] or call our firm at

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ongoing premium relief will be needed for June and at least several more months as a result of the continued reduction in vehicles on the road, miles driven, and auto insurance claims filed. The study shows that vehicle miles traveled (VMT) declined dramatically across the nation by the third week of March, compared with the average weekly VMT in January 2020. By the week ending April 11, every state experienced a reduction in VMT of at least 52% with several states experiencing reductions of over 80%. The report finds that an average 30% relief payment is warranted for all premiums paid from the second half of March through April and May.

“Because mileage and accidents have fallen by well over 50% during the pandemic, the 15% refunds most auto insurance companies have promised are not nearly enough,” said Birnbaum.

“The data show most insurers should be doubling the relief they have promised consumers,” said Hunter. “Auto insurance rates now are, and for the next several month at least will be, excessive because of the ramifications of COVID-19. Insurance commissioners need to make sure companies reduce premiums so that the underlying rates yielding such premiums are no longer excessive,” added Birnbaum. �


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V I R T U A L


District Court of the State of Washington

for Snohomish County

JUDGES STEVEN M. CLOUGH PATRICIA L. LYON

JEFFREY D. GOODWIN TAM T. BUI

BETH A. FRASER ANTHONY E. HOWARD

DOUGLAS J. FAIR JENNIFER J. RANCOURT

SNOHOMISH COUNTY COURTHOUSE 3000 Rockefeller Avenue

M/S #508 Everett, WA 98201-4060

(425) 388-3895

PRESIDING JUDGE DOUGLAS J. FAIR

COURT COMMISSIONER

RICK S. LEO

ADMINISTRATOR KATHRYN F. KOEHLER

_____________________________________________________________________________ May 15, 2020 Snohomish County District Court is proposing changes to the District Court Local Rules. The link to the rules is here: https://www.snohomishcountywa.gov/DocumentCenter/View/73690/Proposed-Local-Rules---Edits-for-2020. District Court of the State of Washington invites comments from Snohomish County Bar Association members. We would like comments no later than the close of business June 5, 2020. Comments may be sent to Assistant Presiding Judge Jeffrey Goodwin at [email protected].

Gregory L. DaviesArbitrations and MediationsSnohomish County Superior Court Local Rule 94.04(c)(3) requires for family law cases filed after September 1, 2018, in which a Compliance Schedule is set, the parties must file proof of compliance with the ADR requirement by filing a Notice of ADR Compliance no later than 8 months from filing the case or prior to confirming the trial, whichever comes first.

• 38 years of legal experience • Arbitrator and mediator since 1987 in family, civil, and personal injury matters• Past Pro-Tem Commissioner and Pro-Tem Judge in Superior Court• Available in Snohomish, Skagit, and King Counties• Greg is also available for family law and probate referrals.

For scheduling, email Mary at [email protected] or call 425-259-2755.

Gregory L. Davies, Attorney, PLLC 3721 Colby Avenue Everett, WA 98201 425-259-2755 425-252-0588 gregorydavieslaw.com


William O. KesslerBusiness Lawyer

Beresford Booth PLLC

Tyler J. Campbell, CICExecutive Broker

Insurance Services Group, Inc.

JUNE 2020 - Snohomish County Bar News 11continued on page 11

THE FACE OF A LEGAL TECHNICIANThanks again to Marya Noyes, for her contribution, her

sense of humor, her knowledge, and her willingness to share with the rest of us – and maybe later her best cookie recipe.

Risk vs. UncertaintyGreetings Readers:

I hope this article finds you well. As I am sure you are already aware, Washington State is still neck deep in the middle of the COVID-19 virus crisis. This month I promised to write about the size of the financial opportunity available to those firms willing to provide legal services to those individuals located solidly in the justice gap. As stated in my previous article, regardless of its possible reflection on our priorities as society, the justice gap represents a blue ocean business opportunity to those firms willing to provide services in this marketspace. I hoped to engage interest in the exploration of this possibility by putting numbers to the size of the available market.

While it was not my original intention to mislead you about the subject of this month’s article, I am actually going to discuss a completely different subject. I would apologize but, I think the subject matter of this article is much more relevant to several dynamics currently at play in the legal industry and in the economy as a whole.

For those of you not living under a rock, I am sure I don’t have to explain that the United States economy is currently having a pretty rough go of it. Unemployment has skyrocketed, businesses are going bankrupt and quite a few legal practitioners are experiencing a substantive drop in their billable hours. In short, as a result of this “coronacrisis” our society is experiencing what many parents refer to as a “teaching opportunity.”

Unfortunately for you, I am going to use this “opportunity” to discuss more economics. (Yay!) Specifically, I am going to examine the way that economists define “risk” vs “uncertainty,” and actions consumers usually take in reaction to both. Of course, these observations would be academic and pointless if I didn’t conclude this article with possible actions a business can take to protect their bottom line in the face of an unpredictable business landscape.

Frank H. Knight established the economic definition of risk and uncertainty in his 1921 book, appropriately named, Risk, Uncertainty and Profit. Mr. Knight stated that, “risk is present when future

events occur with measurable probability.” By comparison, he wrote that “uncertainty is present when the likelihood of future events is indefinite or incalculable.” In other words, risk is measurable and quantifiable, while uncertainty is just that.. uncertain.

In our daily life, we take calculated risks all the time. Heck, society wouldn’t have an insurance industry if we didn’t know how to calculate with almost freakish accuracy the approximate odds of one type of driver running into another. When consumers deal with risk, they calculate approximate outcomes of a situation and take appropriate action in response to the corresponding level of risk they are able to endure. I am sure many of you have had this exact conversation with your financial planner. “Let’s talk about your risk tolerance.” While very few investments are not without some degree of risk, the risk level itself is calculable. This ability to calculate the amount of risk is what informs and emboldens consumers to engage at their preferred level of investment.

Conversely, economic uncertainty has a very different effect on the end consumer. In an article titled, “Policy Uncertainty and Household Savings“ located in the May 2012 issue of The Review of Economics and Statistics published by the MIT Press, researchers Francesco Giavazzi and Michael McMahon found that in the face of in uncertainty about the future path of income, households increase their savings significantly. A household can increase its savings by either consuming less or working more.

Now, while I am absolutely certain everyone reading this article will rush right out and buy a copy of this academic journal to confirm these findings, I will save you the time and trouble by directing your attention to the United States Department of Commerce Bureau of Economic Analysis (BEA). In the April 30, 2020 report, the BEA reported that the personal savings rate jumped to 13.1% in March of this year. This savings rate was 5% higher than the February 2020 savings rate of 8%. (In case you were wondering, the previous year’s savings rate averaged approximately 7.7% per month.)

At the present moment, we have no idea what is going to happen with this virus or in our economy. Consequently, consumers are doing what consumers always do in the face of economic uncertainty. If the degree of risk can’t be calculated for a specific expense or investment, consumers will conserve


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The Face of a Legal Technician continued from page 9

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financial resources until the approximate risk level can be calculated.

Consumers will incur an expense when levels of risk can be approximated, and investments can be made that correspond with their preferred risk tolerance. Frankly, it would be irrational to take any other course of action. Again, economists assume that consumers act rationally and in ways that are consistent with their own best interests. (Obviously, if you have worked in family law for more than 5 and ½ seconds this assumption can be a bit of a reach.)

So, does this mean that businesses are destined to wallow in financial purgatory until the economy finds a clear course of action? Not necessarily. Economists and business leaders alike suggest that a flexible pricing model can maximize the firm’s profitability in the face of “Demand Uncertainty.” For example, in the face of a potential economic downturn a restaurant may find itself without customers if it only offers Filet Mignon to its potential patrons. However, if that same restaurant also offers hamburgers for purchase, those same patrons would be afforded a greater opportunity to engage with the business at their preferred level of risk.

This analogy applies in the legal industry when potential clients are presented with only one possible pricing option for their legal representation. When faced with market uncertainty, the economic model predicts that most consumers will conserve their resources instead of risking their limited financial resources. Availing potential clients with a certain level of pricing flexibility for their legal representation may enable the potential client to engage with the firm at their preferred level of risk. After all, the father of the Theory of Evolution, Charles Darwin is often paraphrased as saying, “It is not the strongest of the species that survives, nor the most intelligent. It is the one that is most adaptable to change.”

In my next article I will finally discuss how providing clients with pricing flexibility may assist the legal industry in weathering the existing market uncertainty. Further, offering legal options may provide greater overall profitability when the economy stabilizes. (In other words: The numbers. I am going to give you the potential numbers of the size of this potential business opportunity….Or, I may publish a cookie recipe. Hard to say. Stay tuned.)

Marya C. Noyes, 123LLLT, MBA �


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TELEPHONE: (425) 339-8556FACSIMILE: (425) 339-2353

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Judge Ronald l. CastlebeRRy (Ret.)is pleased to announce his availability for

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Please contact Connie Senyitko at adams & dunCan

to schedule hearings with Judge Castleberry.425.339.8556 - [email protected]

Open for Business…Like a lot of you, we at Brewe Layman are handling matters a bit differently these days. Telephonic client meetings and court hearings. Mediations, depositions and arbitrations via Zoom. We are open for business working with existing and new clients as we always have — diligently, adeptly and tenaciously — albeit remotely or from a safe and secure office setting. One of Washington State’s premier family law firms… might as well have the best.


Half cor ner

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RAIFORD LAW PLLC

We Welcome Your Divorce & Family Law Referrals

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Everett Office3306 Wetmore Avenue

Everett, WA 98201

Seattle Office1001 4th Avenue, Suite 3200

Seattle, WA 98154

Phone: 425-320-4207 | Fax: 425-320-4208 [email protected]

Kristin L. TimmWelcomes referrals for juvenile casesFelonies, Misdemeanors, and Sex OffensesSealing Juvenile Records, Reinstating Drivers’ Licenses, Quashing Sex Offender Registration

Law Office of Brice & Timm, LLP 1223 BroadwayEverett, WA [email protected]

Eighteen years Juvenile Court experience.

is pleased to announce his availability for Arbitrations and Mediations.

Judge Michael T. Downes (Ret.)

3113 Rockefeller Ave, Everett [email protected]: 425-493-5000Fax: 425-493-5004

Please contact Chloe Wehmeyer at Carson Law Group P.S. for scheduling

with Judge Downes.

Carson Law Group P.S.

Snohomish County Bar AssociationP.O. Box 5429Everett, WA 98206

Kent Millikan, of counselBrian DaleStephanie PetersenJoel Nichols

James PautlerJennifer Gogert

Patrick SongyAdam Skeel

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Available for Referrals, Associations and Consultationswww.denomillikan.com

EXPERIENCE - INTEGRITY - RESULTS

June The official publication of the Number 6 S C B A

Documents

Transcript of June The official publication of the Number 6 S C B A