Lish
Whitson Named 2000 Outstanding Lawyer
By William L. Kinzel*
The people of the small village of Mazar-I-Sharif on the
Afghanistan-Russian border played a role in molding the personality
and talent of this year's KCBA Outstanding Lawyer, Lish Whitson.
In 1965, Lish and his wife, Barbara, were sent to a remote
Afghan location as members of the Peace Corps. Lish was assigned
the responsibility of teaching English to the villagers. Recognizing
that this assignment would not help the populace, Lish instead
embarked upon a task of building a pottery factory, knowing
that it would create a means of support for the village's
small population and would "help the people."
This Afghan experience shaped Lish's life. As Dean Ronald
Hjorth of the University of Washington Law School says, "Lish
never lost his sense of commitment to the underprivileged."
Lish has applied his litigation talent to protect the rights
of women, minorities, and people in the shadows of life. All
who know Lish speak with enthusiasm about his "passion," "sensitivity,"
and "commitment" to helping others. Lish is a lawyer who approaches
the practice as a service to the people instead of a business.
Known nationally as a veteran litigator representing people
with cancer and other life threatening illnesses who have
been denied health coverage, Lish's legal career began in
criminal law. After graduating from the University of Washington
School of Law in 1972, Lish joined the Public Defender's Office.
Lish handled numerous felony cases with the same commitment
and fervor that he displays in his civil practice today. Faye
von Wrangel, Senior Trial Attorney for the U.S. Department
of Labor, worked with Lish at the Public Defender Association.
She describes Lish as "one of the most idealistic people working
at the Public Defender. He felt his personal life should reflect
his strongly held philosophy that all people be treated equally."
Faye cites as an example, Lish's proposal at staff meetings
that attorneys and support staff should be paid the same salaries.
Although the proposal was repeatedly vetoed, it made Lish
"a hero of the typing pool."
In 1975, Lish joined Helsell Fetterman, LLP. Initially, his
practice concentrated in the area of insurance defense. In
1989, however, a significant event occurred in Lish's practice.
He was asked to represent a woman with breast cancer who had
been denied treatment for bone marrow transplants and high
dose chemotherapy by her medical insurance carrier. At the
time, relief was governed only by time-consuming administrative
law procedures. Lish succeeded in obtaining coverage for the
client, though it was too late; she died before the treatment
was made available.
Incensed with a system that deprived his client of the opportunity
for timely treatment, Lish organized a team of lawyers at
the Helsell law firm consisting of himself, John Bergmann,
Rick Spoonemore and paralegal Mary Ellen Lyons to handle these
kinds of cases. Lish's team "fast-tracked" the trials so they
were set earlier than the normal schedule. Referring to the
cases handled by Lish, John says, "Lish pursued the insurance
companies with passion, yet he manifested sensitivity when
dealing with his ill clients, and maintained unfettered commitment
to those clients." Lish and his team were successful in obtaining
coverage and treatment for hundreds of victims of breast cancer.
Many of the victims could not afford the required attorneys
fees. Regardless, Lish represented them on a pro bono basis,
resulting in the King County Bar Association awarding him
its Pro Bono Award in 1993.
Lish's efforts for the public good were not limited to breast
cancer victims. In 1996, he represented 1,600 families who
were insured by a carrier attempting to eliminate coverage
and cease operating in the state on 60 days notice. The family
members included AIDS patients, cancer victims, people needing
organ transplants, and children requiring ventilators. Lish
filed a class action lawsuit and succeeded in obtaining a
judgment requiring the carrier to provide insurance for 16
months, thus allowing ample time for replacement insurance.
Lish's efforts also resulted in a monetary award for his clients,
which is sealed.
In a related effort, Lish and Rick Spoonemore worked with
the Washington State Insurance Commissioner to draft and obtain
legislative approval for making preliminary injunctions more
accessible to people with health care needs.
After leaving Helsell Fetterman, Lish practiced a short period
with the Badgley~Mullins Law Group. He has now formed his
own firm, Lish Whitson PLLC which allows him the flexibility
of being totally committed to matters relating to health care.
This has included representation of individuals with aggressive
Multiple Sclerosis, forcing the insurance companies to pay
for treatment the MS victims needed. This year Lish worked
with the drafters of the Patient Bill of Rights and the Health
Care 2000 initiative hoping to broaden the rights of the average
citizen in Washington State to access quality health care.
Lish's public service is not confined to Washington State
boundaries. Lish is one of the WSBA delegates to the American
Bar Association. He is also a board member of the ABA Commission
on Women in the Profession. This summer, Lish will join some
of the countrie's leading attorneys in the practice of health
law in New York to teach a course in legal advocacy on behalf
of breast cancer patients. Keenly interested in equality in
the legal profession, Lish has contributed his time and expertise
to address the glass ceiling in the legal profession.
Lish's litigation expertise and talent is recognized by his
fellowship in the prestigious American College of Trial Lawyers
and his membership on the American Board of Trial Advocates.
Lish and his wife Barbara have two adult children, Rick an
urban planner in Seattle, and Kim, a manager at Boeing. Barbara
has a PhD in Educational Psychology and works for the Shoreline
School District. When Lish and Barbara are not pursuing their
respective careers, their interests include travel, hiking
and the theater, symphony and opera. Both in his practice
and in his leisure, Lish maintains a sense of humor manifested
conspicuously by his infectious laugh. Recently, his good
friend George Guttmann observed that while attending a movie
he heard a patron laughing in the adjacent section, a laugh
that could only be identified as belonging to Lish. The identification
was confirmed at intermission.
Notwithstanding his busy law practice, Lish has found time
to serve as Past President of Allied Arts of Seattle, the
Defender Association and the Seattle Downtown Emergency Service
Center, which is the largest shelter and advocacy organization
for the homeless in the Northwest. He is currently President
of the Alumni Board of the University of Washington Law School.
In addition to his community activities, Lish has been actively
involved with the King County Bar Association and the Washington
State Bar Association. He served a three-year term on the
WSBA Board of Governors during the 1990s. He is past President
of the King County Bar Young Lawyers Section and past Trustee
of the King County Bar Association. He is a Fellow of the
American and King County Bar Foundations. He has served in
the legal community on many boards, committees and commissions,
all too numerous to mention.
Bellevue attorney Ralph Maimon sums up Lish when he states
"Lish is an individual who cares deeply about the law, the
legal profession, the clients he serves and the image of attorneys.
Lish's focus on these issues has been insightful, determined
and firm, but gentle and caring." He is a great litigator,
a great lawyer and a great human being. The community and
the Bar are indeed fortunate to have Lish Whitson.
*William L. Kinzel is a principal in the firm of Kinzel, Allen,
Skone and Searing in Bellevue, Washington
