MBACLE by Leslie Kay, MBA President

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Lawyers associated for justice, service, professionalism, education and leadership for our members and our community. November 2009 Volume 55, Number 10 Leaving Legacies - Stephen B. Herrell Award MBACLE By Leslie Kay, MBA President. To register for a CLE, please see the inserts in this issue or go to www.mbabar.org. I n Multnomah County we are represent the clients effectively. blessed with a collaboration of Sarah Crooks, Rich Vangelisti and To volunteer for the judges, attorneys and advocates many other MBA members are long- Domestic Violence Project, who dedicate their time, energy time pro bono volunteers for the call Andreea Szabo at Legal November and passion to ending family DVP, taking out time from their very Aid Services of Oregon at 503.224.4086. Thursday, November 12 violence in our community. busy practices to assist individuals Civil Jury Trial Domestic violence is a pattern of who are truly in crisis and To donate to the Domestic Recommendations ongoing hurtful, manipulative or scrambling to keep their children Judge Janice Wilson controlling activities, including physical, sexual, psychological, safe, housed and fed. Violence Project, designate the Volunteer Lawyers Michael Simon emotional and verbal abuse. Domestic violence occurs in all socio- The Herrell Award is about honoring economic groups, religious groups, races, ethnic groups and within Project on your MBA those who work to end family membership form. Tuesday, November 17 heterosexual and same-sex relationships. It affects people of all ages violence and the importance of a Persuasive Oral and Written and physical abilities. In the overwhelming majority of cases, men coordinated community response. Advocacy: Perspectives from commit the violence against women. In Multnomah County, more Volunteer lawyers are part of this effort by donating precious time and the Bench than 13% of the population experiences domestic violence. The toll energy to work that can literally save the lives of vulnerable people. The Judge John Acosta of domestic violence on victims and children is incalculable. award also represents something more: Judge Herrell was a jurist who Judge Kathleen Dailey took his passion for justice beyond the four walls of his courtroom and Judge Janice Stewart positively impacted scores of women and children. Without the shared In 2006, the Multnomah County Family Violence Coordinating dedication and inspiration of judges, attorneys and advocates, the work of Thursday, November 19 Council created the Stephen B. Herrell Award to honor people who creating a safe place for victims to rebuild their families would not go on. High Tech Ethics work to end domestic violence and to improve the safety of women Mark Fucile and children in Multnomah County. The Herrell Award recognizes the legacy of the late Judge Stephen B. Herrell, who served on the Multnomah County bench for 19 years and was one of the founders of the Multnomah County Family Violence Coordinating Council in 2010 MBA December 1987. The council acts as a coordinating body for domestic violence Tuesday, December 1 intervention and is made up of representatives from the District Professionalism Bankruptcy Primer for Non- Attorney’s Office, Metropolitan Public Defenders, Legal Aid Services Bankruptcy Attorneys of Oregon, domestic violence service providers, Multnomah County Award Nominations Martin Meyers Domestic Violence Coordinator’s Office, law enforcement, the court Richard Parker and a host of other collaborative partners. Sought Retired Judge Dale Koch, a 2007 Herrell Award winner, commented Tuesday, December 8 in a documentary film about the award that “it was Judge Herrell The MBA Professionalism Award is one of the Leave Law Alphabet Soup: who set the standard and gave judges the permission, in essence, highest regarded honors an attorney in our area FMLA, OFLA, ADAA, OMG! by his own conduct, to step out of the courthouse and into the can receive. Do you know a lawyer who is a pleasure Jennifer Bouman community.” Judge Koch, Presiding Judge Maurer and Judge to work with as both an ally and an adversary, Jason Weyand McKnight, who was the first chairperson of the Family Violence who regularly goes well beyond minimum ethical Wednesday, December 9 Intervention Council, and the family law bench, have tirelessly and professionalism standards, who constantly participated in the collaborative initiative to end family violence. Court Fee Changes mentors others and works to improve the quality Judge Thomas Kohl Janet Buckmaster, an advocate from Legal Aid Services of Oregon of our practice as a whole? We strongly encourage Judge Jean Maurer (LASO), was one of the three 2009 Judge Herrell award winners. you to nominate him or her for the 2010 MBA Judge Steven Maurer Janet has devoted 30 years to supporting countless domestic Professionalism Award. Any MBA practicing Tuesday, December 15 violence survivors in accessing the civil legal system. It is likely that attorney member, except a member of the MBA those who have volunteered as pro bono attorneys for the Domestic Legal Ethics – Recent Violence Project (DVP) of LASO, a project partially funded by MBA Professionalism Committee or the MBA Board of Developments members, have encountered Janet. The DVP is a pro bono project in Directors, is eligible to receive this award. Roy Pulvers which volunteer attorneys represent clients in contested protective Peter Jarvis order hearings. Most domestic violence survivors only receive a few Past esteemed recipients include Raymond Conboy, days’ notice of their restraining order hearings. Janet screens clients, Thomas H. Tongue, Randall B. Kester, Frank Noonan matches them with lawyers and assists them by retrieving police Jr., Donald W. McEwen, Don H. Marmaduke, Noreen reports and other essential evidence for hearings. She supports In This Issue new volunteer lawyers by providing them with legal information K. Saltveit McGraw, Thomas E. Cooney, John D. and community resource information that enables the attorneys to Ryan, George H. Fraser, Barrie Herbold, Walter H. Calendar...... p. 3 Sweek, Daniel E. O’Leary, Mark R. Wada, Sandra Member Resource Center...... p. 3 A. Hansberger, Robert C. Weaver, Walter H. Grebe, New on the Shelf...... p. 3 Announcements...... p. 4 Multnomah Bar Association Susan M. Hammer, Carl R. Neil, Jeffrey M. Batchelor Ethics Focus...... p. 4 PRSRT STD CEJ Campaign...... p. 5 620 SW Fifth AVE., Suite 1220 and Judy D. Snyder. U.S. POSTAGE Around the Bar...... p. 7 Portland, Oregon 97204 Corner Office...... p. 7 PAID Former nominees may be and often are re- Absolutely Social...... p. 8 nominated. To propose an outstanding attorney for News from Courthouse...... p. 8 PORTLAND, OR Kathy Maloney...... p. 9 this year’s award selection process, please complete PERMIT NO. 00082 Profile: Judge Immergut...... p. 9 and return the nomination form insert in this YLS...... p. 10 JSC Process...... p. 11 issue or contact Kathy Maloney, Professionalism Classifieds...... p. 14 Committee staff liaison, [email protected] for Multnomah Bar Foundation... p. 16 more information. Multnomah Bar Association 620 SW 5th Ave Suite 1220 Portland, Oregon 97204 503.222.3275 Fax 503.243.1881 www.mbabar.org

Gordon_Carey_Ad-bw.pdf 12/16/2008 3:26:41 PM

MuLTNoMAH Lawyer

BOARD OF DIRECTORS Mediation and Arbitration

MBA Board of Directors In addition to continuing my active President trial and appellate practice, Leslie Nori Kay I am now available for Mediation and Arbitration

Secretary 33+ years’ experience in complex Lisa M. Umscheid business, commercial, PI, construction & maritime litigation Treasurer Michelle S. Druce AV Rated

Past President GORDON T. CAREY, JR. Mediator for Oregon Court of Michael Dwyer (503) 222-1415 Appeals since 2001 [email protected] Directors Member Oregon and Washington State Bar Associations Justin D. Leonard YLS President Scott Howard ABA Delegate Jeff Crawford Sarah Crooks CHAMBERLAIN Steven K. BlackhurstC M Mediation Arbitration knollmediation.com Keith M. GarzaY

Susan D. MarmadukeCM ♦ a proven problem solver Carol J. BernickMY When push CY ♦ trial & appellate experience Julia M. Hagan comes to shove, CMY ♦ competitive rates we can help. Gregory MoawadK

Bonnie Richardson ♦ available statewide Executive Director Judy A.C. Edwards ♦ [email protected] Mediation & Arbitration

Associate Executive Director ♦ 503.380.5730 • Experience Guy Walden • Integrity Director, Events and Programs • Solutions Kathy Maloney Executive Assistant and Communications Administrator James L.Knoll, P.C. Carol Hawkins AT TORNEY AT L A W

Office and Membership 503.222.9000 • [email protected] Administrator 1500 SW Taylor Street • Portland, OR 97205 Ryan Mosier Mediation • Arbitration Office and Foundation Administrator Experienced Pamela Hubbs 39 years in litigation 20 years in arbitration OREGON SUPER LAWYER IN THE MULTNOMAH LAWYER DISPUTE RESOLUTION 2006 is published 11 times per year by the Multnomah Bar Association, Effective Resume at www.wilsonadr.com 620 SW Fifth Ave. Ste. 1220, Portland, OR 97204 503.222.3275 An annual subscription is O.M. (Met) Wilson included in member dues or (503) 223-6121 Mediation and Arbitration may be purchased for $20. Letters, award and news items, WILSON DISPUTE RESOLUTION and announcements are welcome. (503) 972-5090 2301 NW Thurman Street, Suite J Articles by members are [email protected] accepted. All submissions may Portland, Oregon 97210-2581 be edited for length, clarity and [email protected] style, are published on a space available basis, and at the editor’s discretion. Views expressed in articles represent the authors’ opinion, not necessarily the MBA’s. The publication does not purport to offer legal advice. Advertising is accepted; advertisers(ments) are not necessarily endorsed by the MBA. The editor reserves the right to reject any advertisement.

DEADLINE for copy: The 10th of the month* DEADLINE for ads: The 12th of the month* *or the preceding Friday, if on a weekend.

NEWSLETTER STAFF CONTACTS Editor: Judy Edwards Copy and Classified Advertisement: Carol Hawkins Display Ads: Ryan Mosier Design: Cyrano Marketing Solutions

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Member Resource Center CALENDAR For a complete MBA calendar, please visit www.mbabar.org. To add Welcome to the member resource center, where you will find information organization or firm events to the MBA online calendar, contact Carol of importance to members and the legal community at large. Hawkins, [email protected].

Courthouse Watch For more information about past 1.877.553.6376 (This new regular feature provides courthouse reports, studies, photos www.mba. November December MBA membership with current of the downtown Multnomah onlinecourtbonds.com information about the efforts to County Courthouse and other 3 1 provide citizens with safe and court-related information, go to Legal Northwest Staffing Tuesday, MBA Board meeting Tuesday, MBA Board meeting efficient access to justice.) http://www.mbabar.org/courts.htm. Specialists Special pricing for support 10 Tuesday, MBA CLE We learned this year that Pro Bono Opportunities staff hiring. Tuesday, December Multnomah Bankruptcy Primer Multnomah County has given The YoungL awyers Section is Anneke Haslett, 503.242.2514 Lawyer deadline See insert or register at up on using the site selected seeking volunteers to assist with the www.legalnw.com www.mbabar.org. in 2007 for a new downtown Nonprofit Project, a legal resource Tuesday, YLS Board meeting courthouse. This news was for nonprofits in the Portland LexisNexis 4 disappointing because, despite community. Nonprofit corporations Special packages and pricing 12 Friday, Judicial Brown Bag the reservations many felt about are screened and paired with exclusively for MBA members. Thursday, MBA CLE – Civil Jury Summary Judgments building a courthouse at the volunteer attorneys who handle 1.800.356.6548 Trial Recommendations See p. 8 for details. foot of the Hawthorne Bridge, at single-issue, non-litigation business www.lexisnexis.com See insert or register at least a long overdue decision had law matters, such as contracts, www.mbabar.org. 8 finally been made. corporate governance and real estate. MBA Bank of America Tuesday, YLS Board meeting Typical projects include reviewing MasterCard Thursday, YLS New Admittee Low annual percentage rate; Currently, the County has bylaws, articles of incorporation, Social at Kells 10 percentage is donated to no plans to move forward employment agreements and leases See p. 10 for details. Thursday, January 2010 Legal Aid Services of Oregon. with the planning of a new and providing advice on employment Multnomah Lawyer deadline 1.800.438.6262 downtown Courthouse. Instead, and intellectual property matters. 17 the Multnomah County This is a great opportunity for Tuesday, MBA CLE – Persuasive 15 MBA Insurance Plans Commissioners have issued transactional lawyers or anyone else Oral and Written Advocacy Tuesday, MBA CLE – Recent Member-negotiated group a “Request for Competitive interested in supporting our local See insert or register at Legal Ethics Developments insurance structured specifically Proposal Quotes” for a study nonprofit groups. www.mbabar.org. See insert or register at for lawyers and firms. to “determine the economic, www.mbabar.org. Steve Doty, 503.284.1331 logistical and redevelopment For more information, please 19 www.mbabar.org viability of renovating the contact Alicia Bell at 503.276.2166. Thursday, MBA CLE 16 downtown courthouse, while High Tech Ethics Wednesday, MBF Board MBA Member Discounts The Naegeli Reporting See insert or register at meeting simultaneously maintaining a Corporation substantial portion of operations Affiniscape Merchant Solutions www.mbabar.org. Reduced merchant credit card Discounts on court reporting, 25 in the building.” In other words, video conferencing and set-up fees and month-to-month 26-27 Friday, MBA closed the Commissioners are looking videography. contracts. 1.866.376.0950 Thursday-Friday, Thanksgiving at implementing a seismic 503.227.1544 www.affiniscape.com/mbabar Holiday upgrade to the building while www.naegelireporting.com trying to conduct court business MBA closed. there at the same time. Appaloosa Business Services Member-only discounts on Web site Office Depot Up to a 40% discount on design and hosting services. Meanwhile, the County’s select items. Paul Tichy, 503.336.1388 plan to replace the deplorably Jason Thorud, 503.290.0273 inadequate East County www.spottedhorse.com Courthouse has recently taken a In addition to publishing small step forward. Multnomah Bank of the Cascades Generous array of benefits classified ads in the County Commissioners specifically designed for attorneys. Multnomah Lawyer, the approved $800,000 for the Elise Bouneff, 503.499.5931 MBA now posts all classifieds Marshall Amiton schematic design of a court www.botc.com at www.mbabar.org. To building significantly smaller obtain a quote, email your ARBITRATION AND MEDIATION in size and budget to the one The Bar Plan Online Court Bonds ad text to Carol Hawkins at proposed last year. The real test 40 Years of Legal Experience MBA members can purchase a [email protected]. comes in April 2010 when the court bond online with 24-hour commissioners vote on building turnaround time. vs. leasing space for the East Cathy Ahearn or Deborah Eller at Email: (503) 201-7275 County Courthouse. [email protected] (503) 238-1636 Fax NEW ON THE SHELF By Jacque Jurkins, Multnomah Law Librarian.

THE OREGON and Kristin M. Nimsger. Published MISREPRESENTATION IN Salky. Published by the ABA THE LAW FIRM ASSOCIATE’S CONSTITUTION: 150 Years by the ABA Section of Science & THE LIFE, HEALTH AND Criminal Justice Section, 2009. GUIDE TO CONNECTING in the making. Course materials Technology Law, 2009. (KF 8947 DISABILITY INSURANCE (KF 9668 S25) WITH YOUR COLLEAGUES from the Oregon Law Institute L36) APPLICATION PROCESS: by Barbara Miller and Martin May 15, 2009 program in A national survey edited RESPONDING TO NATIONAL Camp. Published by the ABA Portland. (*KF 4550 O7O73 l NINE PRINCIPLES OF by Joseph M. Hamilton. SECURITY LETTERS: A Law Practice Management 2009) LITIGATION AND LIFE by Published by the ABA Tort practical guide for legal counsel Section, 2009. (KF20300 M35) Michael E. Tigar. Published by the Trial & Insurance Practice by David P. Fidler and Sarah Jane LITIGATING AUTO ABA Section of Litigation, 2009. (KF Section, 2009. (KF 9368 M57) Hughes. Published by the ABA PREPARING FOR REENTRY: ACCIDENT CASES. Course 8915 T55) Section of Business, Cyberspace What lawyers need to know to materials from the Oregon Law RLUIPA READER: Religious Law Committee, 2009. (KF 4850 navigate the road ahead after a Institute May 8, 2009 program in MODEL NONPROFIT land uses, zoning and the F53) career break by M. Diane Vogt. Portland. (*KF 1290 A8 O7O73 CORPORATION ACT, 3d ed . courts edited by Michael S. Published by the ABA, 2009. (KF 2009) Official text with official comments Giaimo and Lora A. Locero. THE ABA GUIDE TO 298 V64) and statutory cross-references, Published by the ABA INTERNATIONAL BUSINESS CHASING PAPER: The key adopted August 2008, edited by Section of State and Local NEGOTIATIONS: A THE BUSY LAWYER’S GUIDE to learning about and loving William H. Clark. Published by the Government Law, 2009. (KF comparison of cross-cultural TO SUCCESS: Essential tips discovery by Janet S. Kole. ABA Section of Business Law, 2009. 5698 R57) issues and successful approaches, to power your practice by Reid Published by the ABA Section of (KF 1388 M63) 3d edited by James R. Silkenat, F. Trautz and Dan Pinnington. Litigation, 2009. (KF 9650 K65) THE PRIVILEGE OF Jeffery M. Aresty and Jacqueline Published by the ABA Law AN ESTATE PLANNER’S GUIDE SILENCE: Fifth Amendment Klosek. Published by the ABA Practice Management Section, ELECTRONIC EVIDENCE TO LIFE INSURANCE, 2d ed. by protections against self- Section of International Law, 2009 (KF 318 T73) AND DISCOVERY: What Louis A. Mezzullo. Published by the incrimination by Steven M. 2009. (KF 1976 A72 2009) every lawyer should know now, ABA Section of Real Property, 2009. 2d ed. by Michele, C. S. Lange, (KF 1175 M39 2009)

3 MuLTNoMAH Lawyer

Ethics Focus By Mark J. Fucile, Fucile & Reising. ANNOUNCEMENTS A Delicate Subject: If your firm or organization OWLS Invites Nominations for 30-year-old nonprofit law firm would like to have an event listed Roberts-Deiz Awards providing legal services to low- Judicial in the MBA online calendar, Oregon Women Lawyers is income families in Multnomah, www.mbabar.org/calendar.htm, inviting nominations for the 18th Clackamas, Washington and Disqualification email Carol Hawkins, carol@ Annual Justice Betty Roberts and Columbia Counties. mbabar.org. Judge Mercedes Deiz Awards. The awards recognize and Multnomah County Family I n June, the US Supreme MBA Noon Time Rides celebrate the accomplishments Law Group Meetings Court issued a widely publicized Gather at SW Yamhill and of individuals in promoting The Multnomah County Family judicial disqualification decision, Broadway between noon and women and minorities in the Law Group meets monthly in Caperton v. A.T. Massey Coal 12:10 p.m. on Mondays and legal profession and community the first floor conference room Co., __ US __, 129 S Ct 2252, concerned “challenges the good Thursdays. Contact Ray Thomas in Oregon. The recipients will of the US Bancorp Tower. On 173 L Ed2d 1208 (2009). The faith of the affiant and sets forth at 503.228.5222 with questions, be honored at the annual awards November 23, Mark Kramer of facts in Caperton were extreme. the basis of such challenge.” A or meet at the start. dinner on Friday, March 12, 2010 Kramer & Associates will speak Caperton had obtained a $50 hearing then takes place before at the Governor Hotel in Portland. on “Stalking Orders - How to million judgment against Massey a disinterested judge, with the Judicial Brown Bag December 4 Nominating forms are available Get Them - How to Get Rid in a West Virginia state trial judge whose disqualification is Please plan to bring your at www.oregonwomenlawyers. of Them.” To receive emails court. Massey’s chairman then sought bearing the burden of lunch and attend a noontime org and are due by November announcing future activities, contributed over $3 million proving “that the motion was discussion about Summary 18 to Angela Franco Lucero, fax please contact David Bean at to a little known candidate made in bad faith or for the Judgments in Room 208 of the 971.204.0261, email angela@ [email protected]. opposing a sitting member of purposes of delay.” Multnomah County Courthouse. tkatlaw.com. the West Virginia Supreme OCDLA Winter Conference Court. Massey’s candidate won In practice, the threshold for ABA Offers Local CLE St. Andrew Legal Clinic Benefits and Holiday Dinner at Benson and then cast the deciding vote disqualification “for prejudice” Seminar – Writing Techniques from Wine Auction “The Evidence Code: It’s in overturning the judgment. is very low, with the Oregon for Winning Cases Leaders in the legal and business Elementary, My Dear Watson” Caperton had attempted to Supreme Court describing it On November 13, Portland communities came together in is December 4-5 at the Benson disqualify the justice, but the last year in State v. Pena, 345 Or Marriott City Center, Gary September to enjoy fine wine and Hotel in Portland. Barbara justice refused to recuse himself. 198, 203, 191 P3d 659 (2008), Kinder will teach a class raised $90,000 for legal services Babcock speak at OCDLA’s The US Supreme Court reversed as an “exercise of legislative emphasizing the importance of for low-income families. The December 4 annual holiday and remanded, finding that these grace.” Timing, however, is ethics in writing a persuasive Markowitz Herbold – Gevurtz dinner. For more information extreme facts violated Caperton’s another matter. Under ORS brief. For more details or to Menashe “Taste for Justice or to register for either event, federal due process rights. 14.270, motions must be made register, visit www.abacle.org/ Wine Auction” benefited St. visit www.ocdla.org. “at the time of the assignment kinderwritingtechniques. Andrew Legal Clinic (SALC), a Most of us will never face a of the case to a judge for trial situation as unusual as Caperton. or for hearing upon a motion At the same time, it would not or demurrer.” Oral notice MBA Golf Championship Raises Over take too many trips to trial call in must be given at the time of our own presiding court to learn assignment and the motion $8,000 for VLP that judicial disqualification and supporting affidavit must occurs relatively often. In this be filed by the close of the next Nineteen teams braved Thank You, Sponsors! column, we’ll survey judicial judicial day. Multnomah County the cold and wet for th disqualification in Multnomah SLR 7.045(1) specifies that the top honors at the 12 PREMIERE SPONSORS County Circuit Court. With motion must be made at either Annual MBA Members Nationwide Process that focus, it is important to note trial call or the case scheduling Golf Championship Service, Inc. that procedures vary in other conference, depending on on September 16 at courts - including state trial how the judge is first assigned Pumpkin Ridge Golf Schwabe, Williamson & courts in smaller judicial districts to the case. (SLR 7.045(2) Club. Thanks to our Wyatt (by statute those under 100,000 addresses disqualification of generous sponsors, Staffing Solutions LLC in population), state appellate judges assigned to motions.) tournament participants courts and federal courts. Oregon ORS 14.270 bars motions once 1st Place Low Gross Firm and friend - Sky and the hard work of Major Sponsors draws a distinction between “the judge has ruled upon any Wallace, Jeff Capener, John Klor and Schuyler the Golf Committee adidas disqualification “for prejudice” petition, demurrer or motion Wallace with Golf Chair Kathy Root (not pictured Chair Kathy Root, Ater Wynne LLP and disqualification “for cause.” other than a motion to extend Lawrence Mann) Championship Co- Barran Liebman LLP See Hanson v. Oregon Dept. of time in the cause[.]” See, e.g., In Chairs Dylan Cernitz Bullivant Houser Bailey PC Revenue, 294 Or 23, 27, 653 P2d re Kluge, 335 Or 326, 341-42, 66 and Kelly Evans and Creative Computer Solutions, 964 (1982). The former is governed P3d 492 (2003). These deadlines the Golf Committee, Inc. by ORS 14.250 and is by far the are construed strictly, with the the event raised over Davis Wright Tremaine LLP more common variant. The latter Supreme Court in Pena finding $8,000 for the Volunteer discover-e Legal is governed by ORS 14.210. that a motion filed a day late Lawyers Project at Gevurtz Menashe Larson & was time-barred. A party is only LASO. Howe PC Disqualification “For Prejudice.” allowed two disqualification IKON | Litovation Solutions ORS 14.250 allows a party to seek motions “for prejudice” per case In the Firm Division, Nike disqualification of an assigned by ORS 14.270. the low gross winner Portland Marriott Downtown judge if the party or the party’s Waterfront 1st Place Low Net Firm – Ben Lenhart, Bob Calo, was Wallace Klor & attorney “believes that such party Disqualification “For Cause.” Sussman Shank LLP Jill Long (not pictured Stuart Cohen) Mann – John Klor, or attorney cannot have a fair ORS 14.210 outlines standards Lawrence Mann, and impartial trial or hearing for disqualification “for cause,” Schuyler Wallace and Affinity Sponsors before such judge.” In State ex rel. principally conflicts ranging Sky Wallace. The low Bank of the Cascades Kafoury v. Jones, 315 Or 201, 205, from financial or other personal net winner was Lane The Bar Plan 843 P2d 932 (1992), the Oregon interests of the judge to the Powell – Bob Calo, Ben Legal Northwest Staffing Supreme Court emphasized judge’s prior work as an attorney Lenhart, Jill Long and Specialists that the requisite “belief” is on the matter involved. The Stuart Cohen (Landye The Naegeli Reporting subjective, “not the objective statutory categories in ORS Bennett Blumstein). Corporation truth of that belief.” Under an 14.210 generally parallel Northwest Employee Benefits accompanying provision, ORS those included in the conflict In the Open Division, Office Depot 14.260(1), the moving party provisions of the Code of Judicial the low gross winner must simply file a supporting Conduct (JR 2-106) and the 1st Place Low Net Open - Bill Wiley, John was the team of Dylan Raffle Benefit Sponsors affidavit made on “good faith conflict laws applying to public Magliana, Kimball Ferris, Mark Foat Cernitz, Matt Donohue, Thom Brown and not for the purpose of delay” officials (ORS 244.120(1)(b)). Kelly Evans and Chris Columbia Sportswear mirroring the operative language Because conflicts triggering Webb. The low net winner was the Ed Harnden quoted from ORS 14.250. In that disqualification “for cause” either team of Kimball Ferris, Mark Foat, Hotel Monaco event, disqualification follows may not have arisen or may not John Magliana and Bill Wiley. Andrew Schpak unless the judge involved or the Wally Sweek presiding judge of the district Continued on page 6 Umpqua Bank 4 NOVEMBER 2009

Campaign for Equal Justice Begins 2009-10 Fundraising By Maya Crawford, Campaign for Equal Justice.

T he Campaign for Equal went on to state that, “Due to these benefits are also income Justice (CEJ) has kicked off the recession, there has been eligible for legal aid, so we look its 2009-10 fundraising drive, a large increase in the number to these statistics as indicators of which runs through February. of Oregon families receiving the increase in Oregon’s poverty TheC EJ is a nonprofit that food stamps and Temporary population.” Thornburgh stated supports Oregon’s legal aid Assistance to Needy Families that, “Between October 2007 and programs, including the (TANF).” Thornburgh explained Multnomah County Office of that “people who qualify for Continued on page 6 Legal Aid Services of Oregon and the Portland Office of the Oregon Law Center. These PRACTICE LIMITED TO MEDIATION offices, along with offices in 18 other communities around the state, represent low-income clients with high priority civil legal needs for housing, income Rajdeep Kaur and Leslie Kay maintenance and protection Jeffrey Foote from domestic violence. able to escape from her house with Leslie Kay, Regional Director of the her young son. She took a bus to Multnomah County LASO office Mediation At a recent CEJ event, legal aid the Immigration Services building and MBA President, introduced client Rajdeep Kaur made moving and they referred her to legal aid. Rajdeep. She remarked that the remarks on the positive effect Legal aid helped Rajdeep to obtain legal aid attorneys who worked legal aid representation has had a divorce and gain custody of her with Rajdeep were impressed Resolving issues relating to: on her life. Rajdeep came to the son. Rajdeep reported that she by her courage, confidence US several years ago to enter into and her son are safe and that she is and personal growth. Kay also Personal Injury/Product Liability an arranged marriage following working as a certified nurse’s assistant reported that legal aid is seeing Professional Negligence the customs of her family. She while going to school to become a an increase in both the incidence was subjected to physical violence registered nurse. She thanked the and severity of domestic violence Jeffrey Foote, PC Business & Commercial Disputes at the hands of her husband and lawyers in the room for contributing being reported by their clients. 503-228-1133 Employment Disputes was kept a prisoner in her own to the CEJ, and said that she would [email protected] home. Rajdeep told the story not be where she is today without the David Thornburgh, Executive www.footelaw.com Construction Defects of how she saved quarters from support of legal aid. Director of the Oregon Law doing laundry, and one day was Center echoed that fact and

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Ethics Focus Campaign for Equal Justice Continued from page 4 Continued from page 5 Learn about be known at the time a judge June 2009 there has been a 37% He noted that “the recession is the long-term is first assigned to a case, the increase in applications for these hard on all of us, but low-income timing and procedures discussed benefit programs, and during this Oregonians need our help now care insurance above controlling disqualification same time period there has been more than ever.” To help motivate “for prejudice” do not apply. a 100% increase in the number of giving, Harnden pointed out that, plans and See Lamonts Apparel, Inc. v. SI- two-parent families applying for “new and increased contributions Lloyd Associates, 153 Or App these benefits.” will be matched one-to-one by a premium 227, 235, 956 P2d 1024 (1998). $40,000 Leadership Challenge. JR 2-106(D) permits waiver of According to Ed Harnden, chair Please help us send the message conflicts by the parties upon of the CEJ Board of Directors, that Multnomah County lawyers discounts for disclosure if they agree that “the “Lawyers in Multnomah County believe in justice for all.” judge’s relationship is immaterial are the backbone of the campaign.” MBA members. or that the judge’s financial interest is insubstantial[.]” US Arbitration & Mediation of Oregon Mark Fucile of Fucile & Reising handles professional responsibility, Customized ADR Services Mary Osborn, CLTC regulatory and attorney-client Panel of well-respected attorneys and retired judges Call 503.998.5902 privilege matters and law firm related litigation for lawyers, today Or email at: law firms and legal departments throughout the Northwest. [email protected] His telephone and email are Online at: www.usam-oregon.com to learn more. 503.224.4895 and [email protected]. (503) 223-2671 [email protected]

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the areas of corporate law and governance, technology and intellectual property, mergers AROUND THE BAR and acquisitions, venture capital, debt financing and other business transactional matters. She advises and automotive, pharmaceutical start-up ventures and mature and medical device product companies in a range of industries liability litigation. Talcott has including software, clean been Schwabe’s lead trial lawyer technology, education, renewable in product liability and business energy and medical devices. tort cases and regularly defends wrongful death, catastrophic injury and punitive damage claims. John DiLorenzo

group for Lex Mundi, www. lexmundi.com, the world’s leading association of independent law firms.H e assumes the role after Theressa Hollis Steven B. Ungar two years as chair-elect for the practice group. FITZWATER MEYER Theressa Hollis has become a DiLorenzo also co-chairs Davis partner of the firm. Her practice Wright Tremaine’s firm-wide emphasizes guardianship government relations practice and conservatorship James F. Marron group. He represents and proceedings, probate advises clients on lobbying for SUSSMAN SHANK estates, trust administration, state and federal legislation, and estate planning. She Loren Podwill James F. Marron has become an campaign finance, government specializes in emergency associate in the litigation practice ethics, initiatives and referenda, (temporary) guardianships and BULLIVANT HOUSER BAILEY group. For nearly a decade, he insurance recovery actions, conservatorships. Shareholder Loren Podwill, has has concentrated on creative response to environmental been elected President of the Gus resolutions of business and claims, appellate cases, and a J. Solomon Inn of Court. The construction disputes whether variety of litigation matters. He Solomon Inn, named after long in arbitration, mediation, trial or has argued or briefed more than time Oregon US District Court JoAnn Lee Kohl in the appellate courts. He has 50 significant appellate cases. Judge Gus Solomon, consists of represented developers, owners, more than 80 local judges, lawyers and individuals who are facing contractors, subcontractors, The Around the Bar column and law students and is part of regulatory enforcement problems, suppliers and architects. reports on MBA members’ moves, the National American Inns of governmental investigations and Marron will focus his practice transitions, promotions and other Court. Previously, Podwill served criminal prosecutions. He is also on commercial and residential honors within the profession. The on the Executive Committee as a member of the long term care construction defect matters, deadline is the 10th of the month Secretary-Treasurer. and senior housing industry team, construction litigation, lien preceding publication or the where his focus is health care foreclosures, public contracting previous Friday if that date falls on Established in 1988, the Solomon fraud and abuse (Medicare and disputes and insurance coverage a weekend. All items are edited to fit Inn of Court promotes excellence Medicaid), internal investigations analysis and disputes. column format and the information in legal advocacy through and compliance programs. is used on a space-available basis in Deanna L. Franco discussion, analysis and education. the order in which it was received. JoAnn Lee Kohl has joined DAVIS WRIGHT TREMAINE Podwill will continue to work with Partner John DiLorenzo has Submissions may be emailed to BUCKLEY LECHEVALLIER the firm as an attorney in the member judges and lawyers to taken over as chair for the [email protected]. Deanna L. Franco joined the business law practice group. improve the understanding and government affairs practice firm as part of the business, execution of American law and to Kohl focuses her practice in real estate and estate planning promote professionalism. practice groups. Franco’s practice focuses on providing counsel to individuals and business owners in the areas of estate planning, The Corner Office probate and trust administration, guardianship and conservatorship matters, entity formation and general business planning, as well as commercial and residential real The Rules of Professionalism are Universal estate transactions.

The MBA Professionalism of the ABA Criminal Justice noted the collegiality of the Committee hosted a CLE for Section and Fordam Law School Multnomah County criminal criminal law practitioners Professor. As expected, the law practitioners and their at the Multnomah County interactive program invited positive effect on accomplishing Laura B. Rufolo Courthouse on Friday, October enthusiastic participation the business of the court in 9. More than 50 prosecutors resulting in a sharing of ideas an atmosphere of trust and LAURA B. RUFOLO and criminal defense attorneys on issues commonly faced in respect among peers. The Laura Rufolo, an attorney attended the two-hour session. the criminal law arena. The overwhelming conclusion of the at Johnson & Lechman-Su, All the seats in the courtroom hypotheticals, although created participants is that this program announces the opening of Oregon were filled and a lively by Professor Green based on is worth repeating. The Family Law Forms, LLC. Her discussion of professionalism East Coast cases, had universal committee hopes to make this new business provides completed scenarios ensued. appeal and application. Judge an annual event. Many thanks divorce, custody and dissolution Maurer cited Oregon case to the panelists for sharing their of domestic partnership The panelists included law demonstrating that issues knowledge and experience Anne Talcott forms to people who submit Presiding Judge Jean Maurer, of professionalism are not and to the Multnomah County their information via www. Judge Tom Ryan, Pro Tem geographically unique. Circuit Court for providing a SCHWABE WILLIAMSON & oregonfamilylawforms.com. She Judge Julia Philbrook and forum for the program. WYATT continues to practice family law at Professor Bruce Green, All of the panelists gave Anne Talcott, a shareholder in Johnson & Lechman-Su. chair of the Ethics Gideon & opening and concluding the firm, was recently appointed Professionalism Committee remarks. One common thread chair of the 2011 Defense LANE POWELL Research Institute (DRI) Annual Steven B. Ungar has been Meeting, which will be held in reappointed Chair of the Oregon Washington, D.C. State Lottery Commission.

Talcott focuses her practice on Ungar is co-chair of the firm’s complex business and product white collar criminal defense and liability litigation. She defends a regulatory compliance practice. broad range of clients in business He represents business entities disputes, class actions, mass torts, 7 MuLTNoMAH Lawyer Tips from the Bench By Judge Youlee You, Multnomah County Circuit Court.

fter finishing a three-month rotationA as the CPC judge, I have made the following observations that I would like to share with criminal law practitioners:

Do not LOFT a case that is definitely going to be a plea: Do not leave a case on the trial docket if you know for certain it is going to be a plea. Doing so takes up valuable space on the trial docket and could cause another trial to get bumped. If you know your case is going to be a plea, set it on the further and notice to obtain the medical proceedings docket as a plea. records before the hearing.

Thursday trial settings: If your Do not call off a trial without By Eric Dahlin, Davis Wright Tremaine and Court Liaison Committee member. case is set for trial on Thursday, the court’s permission: check to see whether it really Occasionally, attorneys have will be a one-day trial. Many determined that they will need a Presiding Judge’s Report It is important to note that the Robert Harris is retiring, cases are left on for a Thursday continuance and will excuse their goal of this new fee program and that a number of lawyers Increased Court Fees trial date but really should be subpoenaed witnesses before was to increase access to justice have expressed interest in reported as one and one-half or obtaining permission from the Judge Maurer reported that the by creating a revenue source appointment to that position. two day trials. Unless the case court. Set-over requests must be new court fee structure – the that would allow the courts to is really a one-day trial, do not granted by the court. Therefore, judicial stabilization fund – went stay open on Fridays; it was not Web site leave it on for a Thursday setting. into effect onO ctober 1 and the unless the state is dismissing its designed to limit access to justice Judy Edwards reported that the If you expect the trial will last initial new process ran relatively case, do not call off or dismiss in any way. MBA has started a “Courthouse more than a day, move it to a smoothly. The court is feeling your witnesses without first Watch” feature on the Web site day earlier in the week. DUII its way through how to best receiving an order from the court eCourt Update and also in the Multnomah cases should never be set for a implement the new fee structure, as to whether the request set- Judge Maurer reported that on Lawyer, which will report activity Thursday trial date. so the specific procedures are still over has been granted. September 23, the court began on the proposed new east county a work in progress. Judge Maurer the process of scanning files for and downtown courthouse. stressed that it is crucial that all Obtaining medical records File your motions on time: On the FED Court and Small Claims state court practitioners go to for a hearing: If you wish to a few occasions, I was asked to Court. The newly-scanned files the OJD Web site - http://courts. Courthouse Update - East set a hearing regarding medical grant continuances because the are now available electronically. oregon.gov/OJD - to confirm County Courthouse records (e.g., a motion to quash attorneys recognized late in the what fees will apply to their Judge Maurer reported that or an in camera inspection), in case that there were motions The goal is that within one year, filings. There are many memos the Multnomah County addition to following any other that needed to be filed but they all FED and small claims files will and emails floating around the Commissioners recently procedures required by law or had failed to file them in a have been scanned so that they are legal community that describe the committed $800,000 for design court rule, set the matter on the timely manner. Do your best to available electronically. Scanned new system, but the OJD Web site schematics for a new east CPC further proceedings docket identify motions early in the case paper files will be destroyed. The is the only definitive source for county courthouse, which at least one week after the date on so that the trial does not have next step in the eCourt process the subpoena. Please also provide to be delayed (or, in the worst information on the new fees. would potentially be placed on is to start scanning all regular county property at 185th Avenue a copy of the subpoena to the case scenario, your request for civil filings in 2010, followed by Lawyers are encouraged to use the and Stark St. Judge Maurer is CPC judge’s staff. That way, court continuance is denied). criminal filings within a year from OJD site tool for calculating the cautiously optimistic that this staff will have sufficient time now. Judge Maurer stressed that various fees owed by the party filing means there will eventually be a this phase of the eCourt system an appearance, and the party should new east county courthouse. is not an e-filing system like the attach a copy of the completed Another Successful e-filing system in federal court; calculation page to demonstrate Fall Brown Bag this is, for now, simply a document how the filing fee was calculated so Absolutely Social management system to provide The fall brown bag event, open to that the Multnomah County Circuit quick and easy access to the files MBA members, will take place on More than 250 lawyers, judges, Thank you, sponsors! Court clerks’ office does not have to electronically. An e-filing system Friday, December 4, at noon at the sponsors and law school students do the math for each filing. Ater Wynne similar to the system used in Multnomah County Courthouse, gathered at the University Club on Barran Liebman federal court is in the works, but it Room 208). The topic will be October 14 for the fall Absolutely The chief justice drafted an order Bullard Smith Jernstedt Wilson is likely two and a half years away. summary judgment motions. to establish exemptions from the Social - TheG rape Escape. Judge Cosgrave Vergeer Kester Judge Henry Breithaupt and a Jean Maurer’s birthday was new fee structure - such as cases Farleigh Wada Witt Retirement number of pro tem judges who in which the claims are less than celebrated with a birthday cake and Gevurtz Menashe Larson & Howe regularly hear summary judgment $10,000, orders for the appointment Judge LaMar has announced she singing. The event featured wine Harrang Long Gary Rudnick motions have agreed to participate of a guardian ad litem, and default will retire on October 31. tastings from Northwest wineries Iron Mountain as speakers, and Judge Maurer judgments - and that order is selected by Matt Levin and Matt Jordan Schrader Ramis also plans to attend to answer available on the OJD site. This order County Liaison Reports Donahue (filling in forA lbert Klarquist Sparkman questions about the process. also allows the presiding judge Menashe). A team blind wine Miller Nash Andrea Anderly reported discretion in certain circumstances tasting was also offered.N ine teams The Naegeli Reporting that Clark County Judge to mitigate the amount of fees. participated, and the winning team Corporation of Ted Broberg, Chris Burnett and Schwabe Williamson & Wyatt Lori Le Cheminant each took home Stoll Berne a bottle of wine. Over $1,000 and Tonkon Torp 122 pounds of food were collected Tsongas Litigation Consulting December 4 MBA Judicial for the Oregon Food Bank - thanks Umpqua Private Bank to all those who contributed! Brown Bag

Featuring Judge Henry Breithaupt, Judge Jean Maurer, pro tem judge Tom Christ and pro tem judge Nena Cook. This brown bag provides MBA members an opportunity to have an informal discussion with our judges. The main topic of discussion will be summary judgment motions, but feel free to ask questions on other subjects as well. Please bring your lunch and your Absolutely Social attendees wish Judge Maurer a happy Margaret Leiberan, Deanna Jensen, Lee Pritchard, questions to presiding court (courtroom 208) on birthday Gemma Yost and Mindy Stannard Friday, December 4 at noon.

8 NOVEMBER 2009 Profile – Judge Karin Immergut, Multnomah County Circuit Court By Sheila Potter, Bullivant Houser Bailey and Court Liaison Committee member. ongoing interest in criminal chief of the training unit, charged The office also expanded its justice, rehabilitation, with overseeing the new assistant She moved across the street in focus on environmental crimes, and recidivism - and she US attorneys, while still trying 2001, joining the US Attorney’s methamphetamine abuse, and realized that she would major narcotics cases in court. office in Portland as an assistantUS financial fraud crimes in its need a law degree to do the attorney in the District of Oregon, jurisdiction, under Immergut’s work that she would find But after six years inL os Angeles, where she had the chance to dig lead. But she is perhaps proudest of most fulfilling. Immergut was ready for a change deeply into every case, and where the intelligent and capable women of pace and a greater balance of she could expand her practice to and men that she hired to work in Immergut chose Boalt life and work. During a visit to include more writing and appellate the office. “The legacy you leave is Hall School of Law for Vermont in 1994, she met with two work. She served for two years the people you hired,” she said. its public-interest focus. former federal prosecutors who under now-Judge Michael W. She graduated in 1987 were working at Gravel & Shea, a Mosman, before she was sworn in Judge Immergut stepped down lifetime of seeking to make and moved to Washington, D.C., firm in Burlington - and when she as the US Attorney for the District from her position this summer, Athe greatest positive impact on where she worked as an associate returned to Los Angeles, the Gravel of Oregon on October 8, 2003. and joined the bench in September, her community has led Judge at Covington & Burling, a firm & Shea firm offered her a job.S he where she can continue to serve her Karin Immergut to her new known for its policy work and its spent almost two years with that As the US Attorney for Oregon, longtime goal of making a positive position as a Multnomah County dedication to pro bono efforts. firm in Vermont, trying a wide Immergut led the office through impact on the world around her, judge. Immergut startled more range of civil cases, from contract her belief in the power of wise, but in a new way. She is committed than a few people when she About a year into her job at breaches to medical malpractice to thoughtful and ethical decisions to treating all who enter her court declared her interest in serving as Covington & Burling, Immergut adverse possession disputes. and actions by its prosecutors. with dignity and respect, no matter a county judge, from her position took a trip to Los Angeles to visit Immergut wanted the US who they are - just as she did as a as the United States Attorney for friends. She found time during her In 1996, Immergut moved back Attorney’s office to take an lawyer, and just as she expects the the District of Oregon. But her trip for informational interviews across the country, to Portland active and visible role in solving lawyers in her court to do. appointment to the bench actually with the US Attorney’s Office in - and here, her peregrinations problems, and so she reached marks one more step in Judge L.A. - and the following week, have come to an end. She joined out to the public, who often did Lawyers can expect Judge Immergut’s path of public service, she was offered a position as an the Multnomah County District not understand who the federal Immergut to give their cases her which began after college. assistant US attorney in that office. Attorney’s office, where she knew prosecutors were or what they prompt and full attention, to work As much as Immergut had enjoyed she could try a lot of cases, while do, while building ties to the law hard, and to be fully prepared The first in her family to attend her work as a commercial litigator, getting to know a lot of lawyers in enforcement community and for every matter before her - and law school, Judge Immergut was she was drawn to criminal justice her new city. legal community. she expects the same from the born to a Swedish mathematician and saw prosecution - when lawyers who appear before her. She (her mother) and an Austrian handled “wisely, thoughtfully, and As a deputy district attorney, Under Immergut, the US Attorney’s will work hard on the pleadings chemist (her father). She grew up ethically” - as a chance to affect Immergut started in the felony Office forO regon was the first in and evidence submitted for her in Brooklyn, New York, and then people’s lives for the better. drug unit, where she gained the nation to actively participate review, and she expects that the went to Amherst College, where experience in trying cases quickly in the Federal Re-Entry Court. attorneys will work hard to review she double-majored in psychology So Immergut accepted the job and efficiently, sometimes only Through that program, the and perfect their pleadings and and Spanish literature. and spent the next six years in Los having received the file the night prosecutors, the defense counsel, evidence before her - and to try Angeles as an assistant US attorney, before. The fast pace of the job the court, and the treatment hard to resolve their disputes before After college, she spent two years initially handling smaller cases and required her to step before a providers work together as a team taking them up with the court. in the New York City Urban then working her way up to Deputy jury without having extensively to help drug addicts make the Fellows Program, working on Chief of the Narcotics and Money- prepared for every case, and later transition from prison to a life in Judge Immergut is excited about justice and juvenile justice policy Laundering Section within three permitted her to try major felonies the community. the new challenges before her. issues. That work played into her years. After five years, she was the and white-collar criminal cases that “I’ve liked every job I’ve ever had,” she had developed from the start. she said - and, so far, she likes this one too. Kathy Maloney Celebrates Ten Years with MBA By Judy A. C. Edwards, MBA Executive Director.

One of the delights of working for the responsibilities and the people committees, managing partners the MBA is the people, volunteers she worked with, she found it a roundtable, mid-size firm of course and those with whom challenge to switch focuses from roundtable and helps support the I work. Kathy Maloney is one one organization’s mission to MBA board. of our MBA brightest stars. She the next. draws people to the MBA because Outside the MBA, she loves her of her disposition and desire to It was difficult to make the decision running, and has run in three serve members. to leave the multi-association Portland marathons, finishing all management position. “Having the three and in 2008 she qualified Kathy, MBA Director of Events and courage to move on, being willing for the Boston marathon. She’s Programs, started with the MBA to take some chances, even when planning on running it in the in August 1999. She previously it’s scary makes it difficult, and it’s spring of 2010. She ran track and worked for nearly six years at important to recognize that the first cross country in the ninth grade an association management new position may not be perfect and “was horrible but just kept at company that contracted with and be willing to move on.” it. I wasn’t good at other sports; a dozen associations. While running doesn’t require eye/hand there, she learned the basics of The events she plans include the coordination. I’m terrible at golf working with volunteers and fall Absolutely Social, and if you and tennis.” One day in 2000 she she just finished is her favorite. of getting to work on time.” She how to serve multiple needs attended it this year you were happened to be downtown on One of her most recent favorites is adds “Don’t be afraid to make of the several associations she one of the 300, the most ever, the day of the marathon and she “Water for Elephants.” When the decisions and mistakes. I’ve supported. Although she enjoyed to attend the event. Attendees got excited about running again. weather is nice she hikes, attends been encouraged to grow a lot praise her calm, organized way “For the first two marathons,I outdoor concerts and goes to at the MBA and I’m now more in which she pulls off these big participated in a six-month training the beach; in the winter she likes comfortable with new skills and events – all for the enjoyment of program through Portland Fit. movies. Kathy hopes to get into giving opinions and speaking up.” others. She also is responsible for Each week they increase your miles snow skiing, but doesn’t want to Qualities we admire in her are: the WinterSmash that benefits until your longest run prior to a risk injury. She and her two sisters resourcefulness, dependability, Multnomah CourtCare, the marathon is 21 miles.” She tries all enjoy getting together. Although courtesy, kindness, thoughtfulness MBA annual meeting and board to be half-marathon ready at all Kathy doesn’t travel as much as and respectfulness. Qualities she retreat. Working with the YLS is times. Her weekly training schedule she’d like, she thoroughly enjoys it. thinks are important in a person especially satisfying for her, seeing includes a long run on the weekend She’s been to Europe and recently are: honesty, integrity, loyalty, young lawyers develop their skills (minimum eight miles) plus shorter celebrated a milestone birthday sense of humor, general good and relationships outside their weekday runs. with a college friend in Hawaii, outlook on life and treating others offices.S he works with the YLS who also had a birthday. the way you want to be treated. board, membership, service to the She also enjoys reading, mostly public, futures and YOUthFilm fiction and often thinks the book Her best mentoring advice: “My Thank you Kathy! We couldn’t do committees and the MBA equality, parents definitely instilled a strong all we do without you. professionalism and membership work ethic and the importance 9 MuLTNoMAH Lawyer

Collaborative Law: A Structured Resolution Out of Court By Collin C. McKean, Gevurtz Menashe et al and Futures Committee Co-Chair. Young n his “State of the Courts” involves long-term relationships Iaddress in January, Chief Justice and/or ongoing mutual concerns. To view the video: “Stu Webb, De Muniz reported on the Oregon Central to CL is the requirement the Godfather of Collaborative Courts’ response to the dual that parties sign an agreement at Law,” see www.cuttingedgelaw. Lawyers stresses on the Oregon judicial the outset requiring confidentiality com/video/video-stu-webb- system: a soft economy and and providing that each attorney godfather-collaborative-law. increasing population. Our courts representing a party will be do an outstanding job with the disqualified should the CL option negligence. (See public resources Section resources allotted, but with the fail and litigation ensue. The CL for the International Academy of increasing caseload and attendant model contemplates the use of Collaborative Professionals at www. challenges to processing the experts as facilitating a resolution collaborativepractice.com.) For YLS Professional Development and caseload, Chief Justice De Muniz by educating parties on complex some cases, the non-adversarial vocalized his support of creative issues, by developing financial structure is a key ingredient which Education Committee Update responses, including dispute plans and by supporting parties, allows for efficiency in the discovery resolution through alternative where appropriate. process, for compensation and joint Congratulations to the YLS Professional Development and Education dispute resolution (ADR). He planning to address future issues. Committee for putting on a very successful fall CLE series, “Common believes ADR is a viable option to TheCL model was pioneered by The CL model is being exported Legal Issues in a Down Economy.” Special thanks go to our volunteer “prevent the cost and delay of jury Stu Webb, a family law attorney as a viable form of alternative speakers, who presented on the hot topics of bankruptcy, representing trials” in Oregon. practicing in Minnesota, who dispute resolution in other judicial debtors/collectors, negotiation with creditors and arbitrating found value in the traditional systems including Canada, the collections cases. Stay turned for registration information regarding The fact is, ADR is already an English solicitor/barrister model United Kingdom and Australia. the Winter Young Litigator’s Series, which begins in January 2010. integral part of our judicial of practice where the solicitor (See collected news articles at system (i.e. mandatory mediation had more client contact and the www.collaborativepractice.com/_t. and arbitration) and ADR barrister was the advocate in asp?T=Stories.) School Programs Seeking Volunteers options have been growing in court. (See endnote for video link). popularity in recent years as the Family law matters are just one The CL option is welcomed by The YLS Service to the Public Committee invites you to volunteer judicial system becomes more example of disputes benefiting many parties as an alternative to for one of our back-to-school programs that connects young lawyers and more taxed. Nowhere is from the CL option as they avoid some of the costs inherent with kids. The Imprint Program pairs middle and high school students ADR more popular than among routinely involve various interests to the adversarial process. It is also with volunteer attorneys to read a novel and correspond through sophisticated parties involved ranging from financial investments an opportunity for attorneys to letters. Through the letters, volunteers and students are able to develop complex disputes. Such is the case to the difficult issues faced by counsel clients who are negotiating mentor relationships and friendships, culminating in a year-end not only because ADR offers an divorcing parents, and other unavoidable legal transitions, luncheon to meet in person. The Dropout Prevention Program sends alternative to the delays involved complex interests, such as closely while conserving mutual volunteers into high school classrooms to lead a discussion on the in the litigation process, but also held business interests. resources, maintaining important value of education and staying in school. Both programs were hugely because ADR options provide relationships, and/or continuing popular last year, and we hope to match that success this year. unique opportunities to create TheCL model is not suitable to ongoing business interests. As the long-term sustainable resolutions all types of disputes, but offers number of complex disputes grow Please contact the following people to get involved: For the Imprint through consensus, if not by an alternative to litigation that in Oregon, and as Oregon caseloads Program, committee chairs Jeanne Sinnott at jeanne.sinnott@ interdependent interests. One keeps the decision making power increase, it is likely that parties will millernash.com or Christiane Fife at [email protected]; for the form of ADR creating inroads in a in the hands of the stakeholders, continue to select the CL option, Dropout Prevention Program, committee chair Raife Neuman at wide array of complex disputes is rather than a judge or a jury. CL not only for efficient resolution of [email protected]. Collaborative Law (CL). is being chosen by parties over legal disputes, but also as a way to litigation in matters ranging obtain sustainable resolutions to Mentor Program CL can be an effective alternative from family law to commercial complex issues. to litigation where the dispute disputes, to potential actions for Take advantage of one of the most rewarding benefits the MBA offers its newer members - a six-month mentorship with a seasoned attorney. Go to www.mbabar.org by December 1 and answer a few questions about the type of mentoring you could use right now in Successful September Social your career. Contact Kimberly Griffith at [email protected] if you By Marisol Cordero-Goodman, Hanna Strader PC and YLS Young Lawyers have questions. Membership Committee. Section to hold

On September 17, the YLS Membership Committee co-hosted a wine New Admittee YOUthFILM Project – Save the Date! tasting event at Blackbird Wine Shop with the Financial Planning Social at Kells Association and the Oregon Society of CPAs. The event was well The annual film screening and awards ceremony for this year’s YOUthFILM Project will be May 6, 2010, at the Hollywood Theatre attended and provided young lawyers with an opportunity to mingle The YLS Membership with other professionals in an informal setting. in Northeast Portland. The student filmmaking project, which is Committee is holding part of Community Law Week, encourages local youth to express As part of the evening, sample wines from Bergstrom Winery were a social on November themselves creatively, while learning more about our government presented by Winemaker Josh Bergstrom. Blackbird Wine Shop 12, from 5:30-7 p.m. and justice system. This year’s theme is “Emerging Challenges and gave away three certificates for wine tasting for 20 persons and an to welcome lawyers Enduring Traditions in the 21st Century.” To find out more, go to www. art sculpture. The YLS would like to acknowledge the support of the who have recently been theyouthfilmproject.org or contact Ted Broberg at [email protected]. Financial Planning Association and the Oregon Society of CPAs and admitted to the OSB. give a special thanks to Josh Bergstrom of Bergstrom Winery and Blackbird Wine Shop House. Thanks to Community Service Day The social will take place Volunteers Thank you to all who participated. We look forward to seeing you at Kells Irish Restaurant again next year! & Pub, located at The YLS Service to the Public Committee would like to thank our 112 SW 2nd Ave., great volunteers who teamed up with Children’s Relief Nursery (CRN) Portland. Appetizers for the New Seasons’ Benefit BBQ on August 29 and 30. The weekend and refreshments will be was a huge success, with the following volunteers assisting in the sale of over 1,000 burgers and raising $8,500 for CRN: Ann Ledgerwood, provided. Please bring Lucy Forsten, Cora Forsten (Lucy Forsten’s wife), Elizabeth McBreen, your colleagues and Hong Dao, Jodie Ayura, Kristofer Parker, Michele Buck-Romero, Mike join us on November 12 Romero (Michele’s husband), Ricky McBreen, Tanith Balaban, and to meet and welcome Tyler Volm. lawyers recently admitted to the OSB.

Find upcoming events and YLS event photos at www.mbabar.org/ ylsevents.htm

10 NOVEMBER 2009

How the MBA Screens Judicial PRO BONO VOLUNTEERS

Applicants - Part 2 Thanks to the following lawyers and law students, who donated their pro bono services in August and September via the Volunteer By Richard J. Vangelisti, Vangelisti & Kocher and MBA Judicial Screening Committee Chair. Lawyers Project, the Senior Law Project, Community Development Law Center, law firm clinics, the Oregon Law Center, the Nonprofit color, national origin, sex, age, an applicant either before or Project, St. Andrew Legal Clinic, Catholic Charities Immigration sexual orientation, marital status, after a determination is made. Legal Services, Lewis & Clark’s Small Business Legal Clinic, disability, political affiliation, Confidentiality also protects Children’s Representation Project and Attorneys for Youth. To learn expunged juvenile record, family applicants. For example, at more about pro bono opportunities in Multnomah County, check relationship, or any other non- times certain information out the Pro Bono Opportunities in Oregon handbook, available at merit factor.” The committee learned in the investigation www.mbabar.org/docs/ProBonoGuide.pdf. members of the JSC are made process may be information Mark Kramer aware of this policy, the process that the applicant would not Ken Abere Cara Lacy and the relevant criteria by which want shared between references Richard Biggs Linda Larkin all candidates are screened. or with the public at large. Tami Bishop Thomas Boardman Ben Lauritsen Carol Lavine Confidentiality is critical to The MBA has considered Carson Bowler Elizabeth Lemoine the work of the JSC. Without providing feedback to applicants Kelly Brown Justin Leonard confidentiality the JSC could not who express such an interest. This Richard Brownstein Shawn Lillegren function. As with the attorney- consideration, however, is far Jennifer Welch Bruce Mary Lou Haas client privilege with which we outweighed by the need to provide Nathan Brunette David Low Part 1 of this article, which are all familiar, confidentiality an assurance of confidentiality Caroline Cantrell Christina Martin appeared in the October issue of the of the committee’s investigations to references who in exchange, Robert Carlton Tim McNeil Multnomah Lawyer, dealt with the and deliberations is necessary provide vital information. Candice Carr Carl Neil screening process for appointments to reach fair and accurate Moreover, an applicant who Brett Carson James O’Connor to the bench made by the Governor. determinations. In the case desires feedback can ask Thomas Chow Susan O’Toole Part 2 deals with the process to of investigations, committee references or other members of Todd Cleek Jennifer Oetter screen pro tem judges. members must assure references the bar for information. Jennifer Connelly that confidentiality, as to their Craig Cowley Andrea Ogston Michael Opton In the case of an applicant for a identity and information, Earlier this year the JSC was Chris Coyle Jonah Paisner judge pro tem position, the JSC will be maintained. These faced with a difficult task – Sarah Crooks Kristofer Parker votes on whether an application assurances pave the way for reviewing 63 applicants for Caroline Harris Crowne Richard Parker should be “approved” or gathering complete and accurate three circuit court vacancies. Sean Currie Beverly Pearman “disapproved.” Those applicants information about an applicant. This workload was far more Hong Dao David Petersen who receive more than 50 percent The JSC has a strong reputation demanding than usual, and Peter Davis Hon. Randall Dunn of the votes of the committee for maintaining confidence with required that its members Richard Deich Glenn Robles members present are approved sources of information; and this devote many volunteer hours to Marti Dell Joshua Ross for recommendation. The reputation has provided a free investigating and evaluating the Helen Dillon Matthew Runkle recommendation is transmitted to flow of information. No one is applicants. Great credit goes to Nikki Dobay Tara Schleicher the presiding judge of Multnomah going to provide helpful and Julia Hagan, our JSC chair this Joshua Dorothy George Senft County, who in turn transmits the necessary critical feedback on an past year. For its dedication, Chris Edwardsen Arden Shenker application to the Oregon Supreme applicant if there is a chance that hard work and service, the MBA Michael Elson Jessica Shoup Court with the recommendation of one day that person might have presented an Award of Merit Sam Erskine Dick Slottee the presiding judge and the MBA to appear before a judge of whom to the entire JSC at our annual Erin Fitzgerald Constance Snyder JSC. The final decision to approve they may have been critical. spring dinner. Chris Fowler or deny an application for a judge Jon Fritzler Anne Steiner Sylvia Stevens pro tem is made by the Oregon In JSC meeting discussions, The SCJ process may be found at Greg Fullem Sandra Stone Supreme Court. the committee members www.mbabar.org/documents.htm. Anne Furniss Andrea Thompson also maintain confidences The MBA is always open to ideas Samantha Gamboa Bruce Towsley The MBA expressly prohibits within the committee. Again, on improving the process. Please Chip Gazzola Trinh Tran discrimination in its various confidentiality is key to full contact MBA President Leslie Kay Leslie Gordon Todd Trierweiler guises. In evaluating applicants, and frank discussions about or me with any thoughts. Diane Gould the JSC is governed by this an applicant’s qualifications. David Gray Herb Trubo non-discrimination provision: Confidentiality protects Adam Greenman Evans Van Buren “Applicants shall be evaluated committee members from any Polly Hampton Hon. George Van Hoomissen without regard to race, religion, form of “lobbying” by or for Stacy Hankin Robert Vanden Bos Theressa Hollis John Vandenberg Amie Jamieson Richard Vangelisti Ed Johnson Meredith Weisshaar Trevor Jones Beate Weiss-Krull Samuel Justice Theresa Wright Volunteer Lawyers Project Supported Joshua Kadish Kyoko Wyse by MBA Members Elizabeth Kafel Whitney Yazzolino Karen Knauerhase Jacob Zahniser The following MBA members supported the Volunteer Lawyers Project at Legal Aid Scott Kocher Services of Oregon at a rate higher than the $25 minimum check-off amount when paying their 2009 dues. Multnomah Bar All MBA members who donated to the check-off campaign have helped to provide access to justice for community members who might not otherwise receive legal Foundation Supported assistance. The MBA thanks you all. by MBA Members

Kenneth Lee Baker Trevor Johnson Sarah Petersen The following MBA members supported the Arlena Barnes William Kirtley John Powers Multnomah Bar Foundation at a rate higher than Georgia Beardsley Wayne Mackeson David Sugerman the $25 minimum check-off amount when paying Martin Cohen Julia Markley Jeffrey Wihtol Daniel Cross John McVea Steven Wilker their 2009 dues. Ronald Elzinga Karl Mullen Beverly Woodward Deborah Hewitt Warren Newberry Kyoko Wyse All MBA members who donated to the check-off Craig Iverson Catherine Petracca Joyce Zaro campaign have helped to provide funds for civics education projects. The MBA thanks you all.

Hon. Mary Deits Sarah Petersen Deborah Hewitt John Powers James Leigh David Sugerman Wayne Mackeson Lee Wagner Robert Neuberger

11 MuLTNoMAH Lawyer

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�� 13 E X C L U S I V E ��

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6 7

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Cowlitz Bank Trust, Multnomah Lawyer Newspaper Ad, 1.875 x 9” - 5.04.09 1237 SW 10th Avenue in the Eliot Tower 503.224.0674 [email protected] 15 MuLTNoMAH Lawyer Student Leadership Initiative Engages Teens By Pamela B. Hubbs, Office and Foundation Administrator. $4,375 grant from the Multnomah plan and contribute their ideas for follow up reports and lunch. The Bar Foundation (MBF) to offer Portland’s future. students’ recommendations were “Student Leadership Initiative - delivered to Portland’s Bureau of Keep the need for The Portland Plan” to introduce Keynote speakers were Imani Planning and Sustainability (BPS). civics education students to the work and value Muhammad, founder of the NECN in mind as you of public participation in Community Youth Hotline; Jeri The successful event was organized plan your year- T he League of Women Voters government. Using planning for Williams, Neighborhood Program by students in the NECN’s Youth end giving. of Portland, in partnership Portland’s future as the subject Coordinator in Portland’s Office Creators program and BPS Youth with the Northeast Coalition of of the exercise, the students were of Neighborhood Involvement; Planners, under the guidance of The mission of the MBF Neighborhoods (NECN), used a given feedback opportunities and and Ernesto Domingues, a young Pamela Phan, BPS Youth Program is to increase public instruction on how to man who began interacting with Coordinator, volunteers and staff understanding of the legal effect those plans. government as a teenager to seek from the NECN and volunteers system, promote civics solutions to problems affecting youth. from the League of Women Voters education and increase Thirty high school of Portland. Feedback was very civic participation. Your students from Jefferson The students worked in small positive and the BPS plans to use charitable donations make and De La Salle North groups to discuss several action the program as a template for future this possible through Catholic high schools and areas important to the Portland events. grants to nonprofits Trillium Charter School Plan - community design, dedicated to civics met on September 29 neighborhoods, housing and To learn more about the MBF and education. Lauren McCartney, NECN staff takes notes at the Curious Comedy human health. The student-planned the programs it funds, contact as Youth Creator Miranda Marks leads Theater in Northeast program included a PowerPoint Pamela Hubbs at 503.222.3275 or group in interactive exercise. Portland to discuss the presentation, interactive exercises, [email protected].

LP19800-0 60445 ol.indd 1 7/22/09 9:55:51 AM 16