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FILED
2019 MAR 21 03:22 PM
KING COUNTY
SUPERIOR COURT CLERK
E-FILED
CASE #: 19-2-08028-1 SEA

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SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR KING COUNTY

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LINCOLN C. BEAUREGARD,
Plaintiff,

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COMPLAINT FOR DAMAGES:
TRANSPARENCY & GOVERNANCE
VIOLATIONS

v.
WASHINGTON STATE BAR
ASSOCIATION, a statutorily created entity,

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NO.

Defendant.
COMES NOW the Plaintiff, Lincoln C. Beauregard, by and through his attorneys of
record, himself (pro se) and Steve Fogg, and allege as follows:

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I.

PARTIES

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1.

Plaintiff Lincoln C. Beauregard is a Washington State resident and a member,

in good standing, of the Washington State Bar Association and the most recent recipient of the

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Washington State Association for Justices’ award for Trial Lawyer of the Year. Mr. Beauregard

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is also represented by Steve Fogg, the most recent recipient of the Trial Lawyer of the Year

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from American Board of Trial Advocates.

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2.

Defendant Washington State Bar Association (WSBA) is a statutorily created

entity which may “sue and be sued” in accord with RCW 2.48.010 and has a Board of Governors
(“BOG”) constituted in accord with RCW 2.48.030.
COMPLAINT FOR DAMAGES - 1 of 12

CONNELLY LAW OFFICES, PLLC
2301 North 30th Street
Tacoma, WA 98403
(253) 593-5100 Phone - (253) 593-0380 Fax

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3.

The powers possessed by the WSBA are delegated by the Washington State

Supreme Court, GR 12.2. By law, the Washington Supreme Court maintains the oversight and
supervision powers over the WSBA. Id.

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II.

STATEMENT OF FACTS

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4.

This lawsuit is targeted at the transparency violations on the part of the

Washington State Bar Association’s sitting Board of Governors. There is a group (quorum) of

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eight (8) most focal offending members. As the stewards of law and order, this entity, the BOG,

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has drifted far and away from the obligations to its constituency — the members of the WSBA

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and the general public. The BOG is acting contrary to law and thereby eroding public

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confidence.
5.

Not every member of the Board has deviated from the transparency mandates.

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Selected governors may be individually named as defendants later in the litigation, if necessary.
In a series of recent actions, the Board of Governors has engaged in repeated actions in violation

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of the controlling transparency principles mandated by law. The existing evidence suggests

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that a quorum of governors believe that they are above the law and can act without

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accountability, such as via secret tally.

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6.

By way of history, President Bill Pickett has worked diligently to try and bring

order to the chaos. In email correspondence dated August 30, 2018, President Pickett noted to
the BOG that, “The Public Meetings Act is a very good law that encourages transparency and

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honest dealing. Meetings, secret or otherwise, between just part of the Board have been a

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concern to me for quite some time. Even more troubling is a concern regarding the perception

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that votes have been actually counted and/or traded in advance of our public meetings…”

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COMPLAINT FOR DAMAGES - 2 of 12

CONNELLY LAW OFFICES, PLLC
2301 North 30th Street
Tacoma, WA 98403
(253) 593-5100 Phone - (253) 593-0380 Fax

 7.

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By contrast, the most offensive and offending board member and Treasurer,

Dan’L Bridges, has taken the position that being a member of the BOG raises an elected
governor to the level of deity, noting, “We are the Board of Directors of the State Bar
Association…When we ask for something, it is not a request to be accommodated. It is a

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directive, while hopefully always respectfully and politely made with please and thank you, to
be fulfilled.”1 It should be noted that board seats are often filled by default in unopposed

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“elections.” Mr. Bridges’ term expires this year. In relation to transparency laws, specifically

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the OPMA, Mr. Bridges believes that “given our status [we] are not subject to it.”2

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8.

In a letter dated September 21, 2018, and perhaps in reaction to BOG members

such as Mr. Bridges, Chief Justice Mary Fairhurst reminded that BOG, in writing, that “It is
critical to the integrity of all Bar Discipline matters be protected at all times and that Executive

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Director be allowed to oversee these functions without interference.

In light of these

communications and concerns, we felt that it was important to communicate to you that the

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Court by a majority vote supports the Executive Director as the principal administrative officer

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of the Bar…Finally, and the most important, it is imperative that everyone, each Governor,

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each volunteer, each employee, including the Executive Director, be treated with respect. The

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ongoing interactions among the Governors and the Governors’ interaction with staff are of
concern to us.”
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Fast forward to 2019, and a popular petition which is circulating among engaged

WSBA members summarizes the most focal violation at issue:

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Bridges email to Former WSBA General Council Sean Davis dated July 2, 2018

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Bridges email dated August 20, 2018 to other governors

COMPLAINT FOR DAMAGES - 3 of 12

CONNELLY LAW OFFICES, PLLC
2301 North 30th Street
Tacoma, WA 98403
(253) 593-5100 Phone - (253) 593-0380 Fax

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Without input from WSBA staff, WSBA members, or the Washington State Supreme

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Court, the WSBA BOG, suggesting only that it wished to "go in a new direction,"

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with such "new direction" still not yet disclosed, took action to terminate Ms.

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Littlewood in Executive Session on or about January 17, 2019. In a public session

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held on March 7, 2019, the WSBA BOG then affirmed this vote of termination, but

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again without any clarification of the basis of removal and without disclosure of this

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"new direction."

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While not drawing any conclusions as to the underlying merit of any ultimate

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termination decision, this referendum is put forward to reverse the termination of

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the Executive Director because it is believed to be in the best interest of the WSBA,

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its members, and the members of the public based upon consideration of the

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following: A termination of the Executive Director should be done with transparency

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and model best practices; and a termination of the Executive Director should not be

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at a time when there are significant legislative and legal matters pending that will

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require Ms. Littlewood's institutional knowledge and adept leadership.

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10.

Preceding Ms. Littlewood’s termination, public allegations against the current

Treasurer, Dan’L Bridges, entered the public sphere. An investigatory report dated July 16,
2018 suggested that the victim was credible, and Mr. Bridges, not so much, finding “it more
likely than not that Mr. Bridges engaged in certain actions that he strongly denies.” The

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allegations were amplified in a Seattle Times news story which was published on December 11,

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2018.3

Regardless, the gang (quorum) of eight (8) elevated Mr. Bridges to the position of

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https://www.seattletimes.com/seattle-news/washington-state-bar-association-employee-claims-agencys-boardfailed-to-discipline-governor-who-allegedly-harassed-her/#comments
COMPLAINT FOR DAMAGES - 4 of 12

CONNELLY LAW OFFICES, PLLC
2301 North 30th Street
Tacoma, WA 98403
(253) 593-5100 Phone - (253) 593-0380 Fax

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Treasurer. It is suspected and believed that Ms. Littlewood was terminated, based upon a false

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impression of disobedience on the part of the offending BOG members, and in retaliation for

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circumstances related to the allegations against Mr. Bridges. Some of the offending Board
members may have acted unwittingly, by way of manipulation.

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11.

The existing at-large Board members, Athan Papailliou and Alec Stephens,

publicly reported being silenced in relation to the decision-making process noting: “All

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governors were prohibited from reporting the action, which had apparently been planned and

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orchestrated for some time.” Governor Chris Meserve shared this same sentiment, in favor of

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transparency. The fact that sitting BOG members are publicly reporting being silenced is

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conclusive evidence that the transparency laws have not been followed.
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The hard-working staff of the WSBA have attempted to bring sanity, and

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intervention, to the ongoing acrimony on the part of the BOG. An open letter from much of
their staff summarizes some of the concerns:

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COMPLAINT FOR DAMAGES - 5 of 12

CONNELLY LAW OFFICES, PLLC
2301 North 30th Street
Tacoma, WA 98403
(253) 593-5100 Phone - (253) 593-0380 Fax

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***

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COMPLAINT FOR DAMAGES - 6 of 12

CONNELLY LAW OFFICES, PLLC
2301 North 30th Street
Tacoma, WA 98403
(253) 593-5100 Phone - (253) 593-0380 Fax

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13.

A collection of past presidents of the WSBA have similarly asked the

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Washington Supreme Court take action:
COMPLAINT FOR DAMAGES - 7 of 12

CONNELLY LAW OFFICES, PLLC
2301 North 30th Street
Tacoma, WA 98403
(253) 593-5100 Phone - (253) 593-0380 Fax

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COMPLAINT FOR DAMAGES - 8 of 12

CONNELLY LAW OFFICES, PLLC
2301 North 30th Street
Tacoma, WA 98403
(253) 593-5100 Phone - (253) 593-0380 Fax

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14.

As further evidence of the degree of turmoil, on March 19, 2019, the most recent

President of the Washington State Bar Foundation, and an impeccable appellate lawyer, Ken

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Masters, recently resigned premised upon indignation: “This decision is simply wrong. There

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likely is no one in this country who knows more about the current challenges facing our
COMPLAINT FOR DAMAGES - 9 of 12

CONNELLY LAW OFFICES, PLLC
2301 North 30th Street
Tacoma, WA 98403
(253) 593-5100 Phone - (253) 593-0380 Fax

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profession than Paula Littlewood. She has led our WSBA for many years with strength and

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foresight. She was predicting the Janus decision, and other major changes at the federal level,

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years before I was on the BOG (2012-2015). In part as a result of her foresight and leadership,
the Supreme Court has established a ‘Structures’ group to examine whether and how to best

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restructure the bar to deal with these changes. Paula is invaluable to that process. And her
many years of outstanding service to our bar deserve far more than a curt, ‘there’s the

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door.’...In protest of the BOG’s unprincipled decision, I am resigning as President of the

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Washington State Bar Foundation…We deserve real leadership, not secret meetings and

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unexplained dismissals.”
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In accord with GR 12.2, the Washington Supreme Court sits in a position of

supervision over the WSBA, and the BOG. The gang of eight (8) do have supervision. In this

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regard, three (3) of the sitting Supreme Court Justices, Madsen, Johnson, and Wiggins, have
already spoken. In a letter dated March 13, 2019, these Justices collectively signed a letter

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admonishing the actions of the BOG, noting “If this board wishes to go in a new direction, it

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should be so with guidance and open, transparent process that includes members of the

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professions, members of the public, and a knowledgeable executive director.”

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It is suspected that the BOG intends to take future impending personnel actions

and decisions also in violation of the applicable transparency principles. Selected offending
members of the BOG have an agenda, such as terminating hard working staff members out of

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spite and/or to distract from pending sexual harassment allegations. This lawsuit does not

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challenge the merits of the decisions at issue, but it does demand proper process.

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COMPLAINT FOR DAMAGES - 10 of 12

CONNELLY LAW OFFICES, PLLC
2301 North 30th Street
Tacoma, WA 98403
(253) 593-5100 Phone - (253) 593-0380 Fax

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III.

TRANSPARENCY, FIDUCIARY & OPEN GOVERNANCE VIOLATIONS
17.

According to the WSBA Bylaws (Section VII, B “Open Meetings Policy”)

and/or the Open Public Meetings Act, the Board of Governors is required to take all actions,
including quorum deliberations and voting, in open and for full view of the public. These laws
have been repeatedly violated. According to the Bylaws, Section VII, B 10, “Any member may
timely petition the BOG to declare any BOG final action voidable for failing to comply with the

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provisions of these Bylaws. Any member may petition the BOG to stop violations or prevent

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threatened violations of these Bylaws.” Further, the BOG owes the members and the public a

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fiduciary duty of care and stewardship, which has been breached in these ways.
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Premised upon the violations noted herein, in accord with all of the applicable

legal principles, including the Open Public Meetings Act, the plaintiff demands that Ms.

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Littlewood be reinstated and other likely impending violations be curtailed. To the extent that
the BOG wants to revisit the possible termination of Ms. Littlewood, it should be done after

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adherence to “transparent process that includes members of the professions, members of the

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public, and a knowledgeable executive director.” Further, the Supreme Court has ordered the

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BOG to add three (3) new governors to the Board, and any subsequent votes should be taken

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thereafter.

Further, each member of the BOG should be subject to proper training on

governance and transparency principles.

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COMPLAINT FOR DAMAGES - 11 of 12

CONNELLY LAW OFFICES, PLLC
2301 North 30th Street
Tacoma, WA 98403
(253) 593-5100 Phone - (253) 593-0380 Fax

 IV.

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PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests a judgment against Defendant in the form of all relief
available under the law.

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DATED this 21st day of March, 2019.
CONNELLY LAW OFFICES, PLLC

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Lincoln C. Beauregard

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By _________________________________________
Lincoln C. Beauregard, WSBA No. 32878
Attorney and Plaintiff

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CORR CRONIN LLP

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By s/ Steven W. Fogg
Steven W. Fogg, WSBA No. 23528
1001 Fourth Avenue, Suite 3900
Seattle, WA 98154
(206) 625-8600 Phone
(206) 625-0900 Fax
sfogg@corrcronin.com
Attorney for Plaintiff

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COMPLAINT FOR DAMAGES - 12 of 12

CONNELLY LAW OFFICES, PLLC
2301 North 30th Street
Tacoma, WA 98403
(253) 593-5100 Phone - (253) 593-0380 Fax

 ahe?upmme Quart
($512112 nf ??ihal?giugimt

BARBARA A. MADSEN
JUSTICE
TEMPLE OF JUSTICE
POST OFFICE Box 40929
OLYMPIA, WASHINGTON
98504?0929

(360) 357-2037
FAX (360) 357-2 IOB

March 13, 2019
sent via email
Re: Recent Actions by the BOG
Dear Board of Governors:

We urge this board to reconsider its decision to ?go in a different direction?
without first instituting a broad, open, and inclusive group of bar members, members of
the public, and members of the Supreme Court-appointed boards to study the future of
the bar, to determine whether a new direction is warranted, and in what direction the
profession should go. What we have heard to date is only a statement by a handful of
governors, without any explanation, that the bar is going in a ?different direction,?
apparently without obtaining the input and buy-in of the membership, the public, or the
court for this new direction.

In the past, when the BOG has believed a course change was necessary, it has
formed a task force or work group. Such a mechanism has allowed for broad
participation by knowledgeable, invested members of the profession and the public. The
governance task force is a representative example of such a BOG initiative. Another
example of the appropriate process is the current Supreme Court structures work group.
As you know, the court instituted a structures work group to evaluate the effect of such
important cases as Janus v. American Federation of State, County Maniczpal
Employees, Council 31 and North Carolina State Board ofDentaZ Examiners v. F. T. C.
Similarly, we urge this board to engage the membership and the public in developing its
?different direction.?

We are also urging this board to rescind its unwise decision to terminate Paula
Littlewood as the executive director. To separate a director who enjoys a strong,
positive, national reputation, and whose evaluations within the Washington legal
community have always yielded high marks makes no sense, particularly when the BOG
is considering taking a 40,000 member organization in a different direction. If this board
wishes to go in a new direction, and has appropriate input by the public and by members

WSBA BOG
March 13,2019
Page 2

who are affected, and can convince this court that the direction is to the bene?t of the
public and the profession, then it should do so with the strong leadership and resources
that the executive director, Ms. Littlewood, offers and has offered in the past.

The BOG should realize that it is only one of several oversight boards. There are
six other boards that were created by the Supreme Court and which also govern aspects
of the legal profession in Washington. We have seen no evidence that those boards,
which are independent from the BOG, have been consulted in any way in any of these
decisions. If this board wishes to go in a new direction it should do so with guidance and
an open, transparent process that includes members of the profession, members of the
public, and a knowledgeable executive director.

We are also concerned with the unprecedented requests we?ve received from
members this last year: former governors and presidents, bar staff, bar management, bar.
defense counsel contacting the court and asking for our intervention, a request that we
suspend the entire BOG, etc. All ofthis should be enough to convince you that the
?different direction? is the wrong direction.

Sincerely,

Barbara A. Madsen

 

Charles W. Johnson
Justice

s" . - 
Ilia-C it, 2, ?44] 
Charles K. Wiggins i 2
Justice
c: Justices
Bill Pickett, President, WSBA
Paula Littlewood, Exec. Dir., WSBA