Fit to Practice What Sports and Exercise Teach Us About Lawyering

JUNE 2020

Also Inside: Coping With COVID-19 Legal Community Responds to ‘Conditions We’ve Never Seen Before’

OREGON STATE BAR BULLETIN JUNE 2020 VOLUME 80 • NUMBER 8

Bend business attorney Alison Hohengarten focuses on yoga, walking, hiking, climbing — whatever she can find that gets her moving and creates the endogenous endorphins that fitness enthusiasts crave. And she’s not alone, as freelance writer Jennie Bricker explains in the “Fit to Practice” story that begins on Page 16. Even during the COVID-19 pandemic, it seems, legal professionals are finding ways to relieve stress by maintaining some kind of exercise routine. Photo courtesy of Alison Hohengarten

FEATURES 16 Fit to Practice What Sports and Exercise Teach Us about Lawyering By Jennie Bricker

24 Coping With COVID-19 Legal Community Responds to ‘Conditions We’ve Never Really Seen Before’ By Cliff Collins 27 Managing in Uncertain Times / By Chief Justice Martha Walters 31 Navigating the Pandemic / By Sheila Blackford and Douglas Querin

COLUMNS 5 From the Editor 34 Legal Practice Tips Craving Connection Negotiating During a By Gary M. Stein Pandemic: Focus on These Five Areas Right Now 9 Bar Counsel By Danny Newman Inside the Client Assistance Office: Here Are Some 38 Law & Life Common Complaints (and To Russia with Hope: How to Avoid Them) Humanitarian Effort Proves By Linn D. Davis ‘Profoundly Rewarding’ By Hon. Daniel L. Harris 13 The Legal Writer Writing Remotely: Lessons 44 Technology & the Law about Work and Life Making it Rain: Effective During Uncertain Times Marketing in the Digital Era By Suzanne E. Rowe By Sharon D. Nelson, John W. Simek and The Oregon State Bar Bulletin (ISSN 0030-4816) Kimberly Haught is the official publication of the Oregon State Bar. The Bulletin is published 10 times a year (monthly DEPARTMENTS except bimonthly in February/March and August/ September) by the Oregon State Bar, 16037 S.W. 7 Briefs In Memoriam Upper Boones Ferry Road, Tigard, OR 97224. The Lawyer Announcements Bulletin is mailed to all members of the Oregon State 48 Bar News Bar, a portion of the dues for which is allocated 50 Bar Actions 56 Classifieds for the purpose of a subscription. TheBulletin is Discipline also available by subscription to others for $50 per 60 Attorneys’ Marketplace year, $90 per two years, within the United States. 51 OSB Education & Research 62 Photo Finish Individual copies are $5; back issues are $5 each, Flowers from Les Jardins when available. Periodicals postage paid at Portland, 52 Bar People du Luxembourg in Paris Oregon 97208. POSTMASTER: Send address Among Ourselves changes to Oregon State Bar, P.O. Box 231935, Moves Tigard, OR 97281-1935. It’s time to

Oregon Lawyers TheCelebrate nomination deadline for the2020 OSB awards honoring Oregon’s most outstanding lawyers, judges and others is Tuesday, June 30, at 5 p.m. Nomination criteria, forms and other information about the following awards can be found at www.osbar.org/osbevents OSB Award of Merit Wallace P. Carson Jr. Award for Judicial Excellence President’s Diversity & Inclusion Award President’s Membership Service Award President’s Public Service Award President’s Public Leadership Award President’s Sustainability Award President’s Technology & Innovation Award and the Oregon Bench & Bar Commission on Professionalism’s Edwin J. Peterson Professionalism Award For more information, please contact Cathy Petrecca at [email protected] FROM THE EDITOR

Craving Connection By Gary M. Stein

we shared conversation and a meal from visit with his children and grandchildren as opposite ends of his conference table. the pandemic wore on. Unlike Van, though, It’s not working from home that both- Hill decided to follow my lead ― but only ers me. In fact, I actually feel more produc- after first consulting with his daughter, who tive now than when I was ensconced in my is a surgical nurse. office at the OSB Bar Center ― and many “Both families had been quarantined of my colleagues in Oregon’s legal commu- for more than a month and only went out nity agree. As writer Cliff Collins notes in for groceries on occasion with masks and this month’s special report on the impact filters,” Hill says. “Everyone was healthy, of COVID-19, many members of a service so we decided to limit gatherings to just the profession accustomed to personal interac- six of us. We’re not hanging out with others, tions and handshakes became conversant because we don’t know where they have virtually overnight with Zoom, FaceTime been or what health practices they have and Skype in an effort to continue operat- been following. ing and meeting their clients’ needs. (See “The Zoom meetings,” he says, “just “Coping with COVID-19,” Page 24.) didn’t quite cut it.” n But when it comes to meeting their own needs, it seems, technology only goes so far. Reach Editor Gary M. Stein at (503) 431- Bulletin File Photo Bulletin File “The personal cost of the pandemic” has 6391 or [email protected]. been hard to accept, Jefferson County Dep- o one I know stormed the state uty District Attorney Kasandra Van told Capitol in recent weeks to demand Collins, because it has kept her from seeing Na loosening of Gov. Kate Brown’s her family and friends, most of whom live in Our Editorial Policy stay-at-home order. But with the corona- towns several hours away. virus pandemic now stretching from mid- All articles published in the Bulletin must be She’s not alone, of course. Dozens of March into late May and beyond, I think germane to the law, lawyers, the practice lawyers have reached out to the Oregon At- of law, the courts and judicial system, we’ve all started to chafe under restrictions torney Assistance Program and the Profes- legal education or the Oregon State Bar. that have kept us socially isolated from fam- sional Liability Fund in recent weeks with All opinions, statements and conclusions ily and friends. questions about how to cope with social expressed in submitted articles appearing in the Bulletin are those of the author(s) That chafing might have been worse for isolation. (See “Navigating the Pandemic,” me if I hadn’t given the rules a liberal read- and not of the editor, other editorial staff, Page 31.) Douglas Querin, an attorney employees of the Oregon State Bar, or ing on occasion in an effort to connect in counselor with the OAAP, says everyone members of the Board of Governors. Publi- ways that didn’t involve a computer screen. is dealing differently ― and in their own cation of any article is not to be deemed an Last month, for example, I brought chairs to way ― with Brown’s stay-at-home order, endorsement of the opinions, statements a Lake Oswego parking lot and talked poli- “but those who stay connected with trusted and conclusions expressed by the author(s). tics with former City Councilor Jeff Gud- others on a regular basis ― people they can Publication of an advertisement is not an man as we munched on pizza from a safe talk openly with about how they are coping, endorsement of that product or service. Any content attributed to the Oregon State distance. A few days later, diversity consul- feeling and experiencing today’s challenges Bar or the Board of Governors is labeled tant Christine Moses met me for burgers in ― report doing much better than those with an OSB logo at the top of the page or a secluded spot near Oswego Grill. who don’t.” within advertising to indicate its source or And twice I picked up food on the way That’s certainly true for science writer attribution. to attorney Peter Glazer’s office, where Richard Hill, who found himself unable to

HOW TO REACH US: Call (800) 452-8260, or in the Portland area call (503) 620-0222. Email addresses and voicemail extension numbers for Bulletin staff are: Gary M. Stein, editor, [email protected] (ext. 391); Mike Austin, associate editor, [email protected] (ext. 340); Kay Pulju, communications director, kpulju@ osbar.org (ext. 402); and Spencer Glantz, classified ads and lawyer announcement ad rates and details, [email protected] (ext. 356), fax: (503) 684-1366. Display advertising: Contact LLM Publications at (503) 445-2240, [email protected].

JUNE 2020 • OREGON STATE BAR BULLETIN 5

BRIEFS

and requirements, see the Bar Exam Proctor and administration of the legal system in application form online at osbar.org/ad- Multnomah County. missions/barexamvolunteers.html. The new initiative, called CourtSupport, For the most up-to-date information on is designed to develop and fund projects that the exam itself, visit osbar.org/admissions. will assist community members in navigat- On a lighter note, the OSB has pro- ing Multnomah County courts. CourtSup- duced a video congratulating the law class port’s initial goal is to place a CourtSupport of 2020 on behalf of Oregon’s legal commu- Navigator at the information desk in the nity. “While it can’t make up for the loss of a graduation ceremony,” Reeves says, “we wanted to offer our support and welcome them to our community.” By the Numbers View the video online at osbar.org/ admissions/congratulationsgraduates.html. Non-unanimous Verdicts U.S. Attorney, Oregon Attorney General Partner to Fight Fraud In the wake of a U.S. Supreme Court ruling (Ramos vs. Louisiana) that ended U.S. Attorney Billy J. Williams and Ore- Oregon’s constitutional provision al- gon Attorney General Ellen Rosenblum have lowing felony convictions (aside from iStock.com/smolaw11 formed a state-federal partnership to protect murder trials) by non-unanimous juries, Oregonians from COVID-19 fraud. Togeth- state officials have started reviewing Oregon Plans to Administer er, the two offices will share information and dozens of cases dating back to 2015 Bar Exam at Four Locations that resulted in a guilty verdict with resources to prevent Oregonians from falling just 10 or 11 votes – a list of cases that While some jurisdictions have canceled victim to scams and other schemes attempt- is likely to grow, officials say. Keeping or postponed their July bar exams, the Na- ing to exploit the COVID-19 pandemic and in mind that some cases now under tional Conference of Bar Examiners has public health emergency. review had multiple crimes attached to them, here are the most common announced its intention to make exam ma- Both offices have civil and criminal en- offenses that resulted in guilty verdicts terials available to the more than 30 jurisdic- forcement authority and will continue to from non-unanimous juries: tions ― including Oregon ― that still plan refer serious allegations regarding COVID- to host their exams as scheduled in July. 19-related scams, Medicaid fraud and other In an effort to comply with any execu- consumer fraud to each other for state or 21% 10% tive orders that may be in place and other federal enforcement as appropriate. They Sexual Abuse Sodomy social distancing requirements, the Oregon will also work with other federal, state, lo- Board of Bar Examiners (BBX) says it will cal and tribal partners throughout Oregon 17% 9% administer the exam in a way that mini- to help educate communities about emerg- Assault Rape mizes risk to bar applicants, proctors and ing scams and fraud schemes, and share re- others. The plan, announced by OSB Presi- sources related to consumer complaints. 12% 6% dent Liani Reeves in an email to members Anyone who suspects they have been Felony Attempted in early May, calls for hosting the exam on the victim of COVID-19-related fraud Possession Murder of Firearm July 28-29 at four separate sites in Portland, should contact the Oregon Department of Salem and Eugene, with 100-150 applicants Justice at (877) 877-9392 or submit a tip online at oregonconsumer.gov. 1% separated into multiple rooms at each site. 10% Arson Burglary Applicants will be seated on a first- CourtSupport to Help Public come/first-served basis, based on the time Navigate New Courthouse Source: Willamette Week and date their application was received. Construction of the new Central Court- (April 29, 2020) Those who are seated will be notified of house in Portland has given the Mult- Note: How will the U.S. Supreme their exam site by July 7 at the latest. nomah Bar Foundation an opportunity to Court’s ruling on non-unanimous With the planned increase in locations, work with Presiding Judge Stephen Bush- juries impact past and future cases in admissions officials are asking for additional ong and Trial Court Administrator Barbara Oregon? Watch for complete coverage volunteers to serve as proctors. For more Marcille on a new project that will support in an upcoming issue of the Bulletin. information about proctor responsibilities the MBF’s mission to improve the quality

JUNE 2020 • OREGON STATE BAR BULLETIN 7 Quotable “The laws allowing non-unanimous verdicts … were born of racist intent and helped perpetuate the racial disparities that June 2020 have long plagued the U.S. justice system. Convicting a per- Editor Gary M. Stein son of a crime and holding them accountable are grave and Associate Editor Michael Austin serious responsibilities, and the threshold for both outcomes Publisher Anna Zanolli should remain high.” Art Director Sunny Chao

— Sam Hananel, associate director of media relations for the Center for OSB President American Progress, after the U.S. Supreme Court ruled that juries in Liani JH Reeves, Portland state criminal trials must be unanimous to convict a defendant. Watch for OSB President-Elect complete coverage of the ruling’s impact on Oregon in an upcoming issue David Wade, Eugene of the Bulletin. OSB Immediate Past President Christine R. Costantino, Portland

Board of Governors new courthouse lobby, which otherwise will SALC’s “Race for Justice” Colin Andries, Portland have no staffing and remain empty. Changes Formats for 2020 Adrian Lee Brown, Portland The CourtSupport Navigator will be re- Uncertain times call for something a Jenny Cooke, Portland sponsible for serving community members little different, so St. Andrew Legal Clinic’s Katherine Denning, Salem Eric R. Foster, Medford entering the courthouse by answering basic annual Race for Justice event has pivoted Anne Graham, Redmond questions about the court and connecting for 2020 and is going virtual. Kamron Graham, Portland individuals who need accommodations or Thanks to presenting sponsor Markow- John E. Grant III, Portland itz Herbold, SALC plans to unite for justice extra assistance to services and resources Bik-Na Han, Hillsboro in 2020 by inviting Oregon lawyers and staff within the court. Joseph Hesbrook, Bend to virtually Race for Justice and walk/run Through this and future projects, Court- Ryan Hunt, Salem for St. Andrew Legal Clinic beginning at Support will work to close critical funding Eddie D. Medina, Beaverton 10 a.m. on Saturday, June 13. Participation Rob Milesnick, Vancouver, Wash. gaps in areas impacting access to justice and supports the mission of St. Andrew Legal Joe Piucci, Portland the quality and administration of the legal Clinic, which is to provide affordable legal Kyra Kay Rohner, Baker City system. To make a tax-deductible chari- services for low- to moderate-income fami- Michael Rondeau, Roseburg table contribution to CourtSupport, visit lies in crisis. Traci Rossi, Portland mbabar.org/courtsupport. For more infor- To register or for more information mation, contact Pamela Hubbs at pamela@ about the online celebration, visit salcgroup. Editorial Advisory Committee mbabar.org or (503) 222-3275. org/race. n Aurora B. Levinson, Portland Pete Meyers, Portland Christine Moses, Lake Oswego Judith A. Parker, Portland Liani JH Reeves, Portland Elizabeth A. Rosso, Lake Oswego Carol DeHaven Skerjanec, Vale Teresa A. Statler, Portland Sara L. Urch, Salem

Chief Executive Officer Helen Hierschbiel

Communications Director M. Kay Pulju

8 OREGON STATE BAR BULLETIN • JUNE 2020 BAR COUNSEL

Here Are Some Common Complaints (and How to Avoid Them)

Inside the Client Assistance Office By Linn D. Davis

In those cases, the CAO explains to the mation submitted is sufficient to warrant an inquirer that more information is needed investigation by disciplinary counsel. and provides a deadline for submission. If As with any matter, it is vital to educate the inquirer fails to respond, the inquiry is the decision maker about the facts and law closed with a dismissal. necessary to make a good decision ― and Other inquiries raise concerns that do CAO staff bring a significant amount of le- not implicate misconduct. For example, gal experience and a variety of backgrounds clients may raise quality-of-service issues or to the review of inquiries. But it’s impor- disagreements with a lawyer’s professional tant to note that participants in the process judgment that do not rise to the level of po- should never assume that we are aware of tential misconduct. Those inquiries also are the specific laws relevant to the concerns dismissed, and a letter is sent to the inquirer they are raising or responding to. and the lawyer explaining the reason for the If you are the subject of an inquiry, be dismissal. BR 2.5(b)(1). sure to respond, because failure to do so can result in a referral to disciplinary counsel. Many inquiries present sufficient infor- Focus only on the potential issues identi- mation to determine that misconduct may fied by the CAO. Do not exceed the bounds be implicated. If so, the CAO requests a of the information reasonably necessary to response from the lawyer and may request iStock.com/PattanaphongKhuankaew respond to the CAO or to articulate your additional information from the inquirer. concerns. See RPC 1.6(b)(4). Avoid invec- he Client Assistance Office (CAO) Review of the information provided some- tive or irrelevant personal issues. times leads the CAO to seek additional in- was founded in 2003 to respond to If you have a question about whether formation from the parties or other sources. inquiries about the conduct of law- particular information should be included, T After the CAO determines that sufficient yers in Oregon. The CAO enables the bar contact the CAO. information has been gathered to make a to screen inquires for complaints that may decision, the inquiry is either referred to Before submitting information that is warrant investigation and potential regula- protected by court order or statute, consider disciplinary counsel for further evaluation tory action by the bar’s disciplinary coun- whether you are permitted to do so. For ex- (with notice to the parties and a confiden- sel, and to provide information and non- ample, mediation communications are pro- tial memo explaining the basis for the refer- legal assistance to legal consumers. vided strong protection under ORS 36.220. ral) or dismissed (with a written explana- On average, about 1,950 cases flow Even communications that might otherwise tion to the parties). BR 2.5(b)(2). be the subject of a mandatory report of mis- through the office each year. Note that a referral to disciplinary coun- conduct are protected. RPC 8.3(d). Screening of inquiries sel is not a finding of misconduct. It is only Finally, the CAO operates on a mostly a determination that further evaluation is It’s the CAO’s job to consider whether paperless basis. That means in order to re- warranted. inquiries, if true, allege misconduct and, if ceive our correspondence, all lawyers should CAO dismissals are subject to review by keep their electronic contact information so, whether there is sufficient evidence to the bar’s general counsel at the request of current and regularly check the email ad- support a reasonable belief that a lawyer in the inquirer. General counsel may refer an dress provided, as required by BR 1.11(b). Oregon may have committed misconduct. inquiry to disciplinary counsel or confirm We also prefer information to be sub- Bar Rules of Procedure (BR) 2.5(a). Mis- the dismissal. In either case, the parties are mitted to us in digital format. Our ability conduct means a violation of the rules and notified and the result of that review is final. to operate on a paperless basis saves thou- statutes governing lawyer conduct in Or- BR 2.5(c). sands of dollars each year. egon, primarily the Oregon Rules of Profes- sional Conduct (RPC). BR 1.1(w). Making or Responding Common Examples In some inquiries, the lack of specific to CAO Inquiries of Client Assistance allegations or evidence makes it unclear The CAO’s primary role is not investi- As appropriate and as resources per- whether any misconduct may be at issue. gating facts, but determining whether infor- mit, the CAO provides information and

JUNE 2020 • OREGON STATE BAR BULLETIN 9 non-legal assistance to legal consumers. The information provided most often involves describing the obligations lawyers have under our rules. For instance, when do our rules permit or require termination of the lawyer’s employment, and what are the lawyer’s obligations if employment is terminated? The CAO also may assist in addressing potential service issues. This most often involves attempts to re-establish communication between a lawyer and client, or helping to address a client’s return of file or property concerns. If you are contacted by the CAO regarding a client’s request for assistance, that doesn’t mean we share the client’s concerns. It simply means that the CAO has recognized a client’s perception that a problem with the lawyer-client relationship exists and might be addressed by the lawyer. A request for assistance is not considered a complaint. Although a lawyer’s response to a request for assistance might avoid an inquiry or complaint, it does not preclude referral of concerns to disciplinary counsel where misconduct may have occurred. BR 2.5(c). However, a lawyer’s timely action to correct a problem can be a significant miti- gating factor. Common Complaints and How to Avoid Them The Rules of Professional Conduct set forth what our ethical code requires. Fol- lowing those requirements avoids misconduct, but will not always avoid complaints. Lawyers seeking to avoid complaints, or more easily respond to them, provide services that exceed the requirements. Communication and Diligence Year after year, the most common concerns raised by clients arise from a belief that a lawyer is ignoring them by failing to adequately communicate or, more generally, by neglecting their legal matter. Lawyers are not ethically required to respond to every communication from a client or at the time the client has decided to communicate. But RPC 1.4 requires us to keep clients reasonably informed about the status of their legal matters, to promptly respond to their reasonable requests for information, and to explain a matter to the extent reasonably necessary for them to make informed decisions. Those duties are complemented by RPC 1.2, which re-

10 OREGON STATE BAR BULLETIN • JUNE 2020 quires us to consult with clients regarding their objectives and the means by which the objectives should be pursued. Reasonability and promptness are considered in light of Oregon Cannabis what decisions need to be made and when they need to be made. See In re Groom, 350 Codebook Or 113, 124-125 (2011). 2020 Edition One way to exceed communication (not available on BarBooks) requirements and make responding to a complaint easier is to provide clients with Order your copy online at: a regular written communication regarding www.osbar.org/publications the status of their matter, upcoming issues or deadlines, and brief answers to recent client questions. Depending on the nature of the matter and what other communications have taken place, “regular” might mean monthly (many civil claims), quarterly (many appellate matters) or even daily or hourly (intense transactional matters or negotiations). Remember that even the fact that nothing has occurred since the last communication can be important information for the client. Regular evaluation of the need for action and communication helps avoid los- ing track of a client’s legal matter. Termination of employment Whether or not clients are satisfied with the services provided by a lawyer, they often become frustrated when a lawyer termi- nates employment before the legal matter has concluded. If you are contemplating ending your employment prior to completing a legal matter, consult RPC 1.16. Be certain that you are permitted to withdraw, and if so, that you have given notice or obtained per- mission from the tribunal when required. RPC 1.16(b) sets forth seven different circumstances when termination is permitted, so long as you take reasonably practicable steps to protect the client ― most impor- tantly, giving reasonable notice to the client and following up to make sure the client has what they need and are entitled to have in order to continue the matter. RPC 1.16(d). If you can’t give reasonable notice, then it is likely too late to attempt withdrawal from the representation. For more on this topic see “Sashay Away: When and How to Withdraw from Repre- sentation” (OSB Bulletin, August 2018). Excessive fees The rules are clear: RPC 1.5(a) prohibits agreeing to, charging or collecting a fee that is illegal or clearly excessive, and RPC 1.5(b) sets forth the factors to be considered

JUNE 2020 • OREGON STATE BAR BULLETIN 11 in evaluating whether a fee is excessive. But concern about a lawyer’s fees is at the root of many complaints, leading clients to mar- shal a list of perceived shortcomings in the representation. One great opportunity to avoid complaints, or be in a position to easily respond to them, is to listen to a client’s objections or questions about fees. Has a mistake been made? It may not matter how much time a lawyer has elected not to bill if the lawyer also maintains a charge that is brought in culpable error. Is it equitable to reduce fees based on issues the client has identified? One common complaint is that a lawyer has charged excessively for repeated efforts to correct a draft document, even though the client has repeatedly provided correct information. Also, consider whether and how much to charge a client for efforts to attain com- petence in an area you have assured a client you would be able to address. We often ask clients to provide funds in advance of our work. When representation ends and any portion of money paid toward fees has not been earned, we must promptly calculate and refund that money. Failure to refund money paid for legal fees but never earned has resulted in excessive fee violations not only when the money was paid in advance toward an hourly fee, but also for flat fee representations when the representation for which the fee was paid was not fully completed. In re Gastineau, 317 Or 545 (1993). Remember that a charge in excess of the agreed-upon fee or for work performed for the benefit of the lawyer and not the client is considered clearly excessive. See, In re Yacob, 318 Or 10 (1993) (more than agreed); In re Paulson, 335 Or 436 (2003) (not for the client’s benefit). In Conclusion At heart, our profession is a service profession. While no client is entitled to all our time and effort, the more we focus on providing excellent client service in general, the more satisfied our clients will be.n

Linn D. Davis is an assistant general counsel and CAO attorney for the Oregon State Bar. Reach him at [email protected].

12 OREGON STATE BAR BULLETIN • JUNE 2020 THE LEGAL WRITER

Lessons about Work and Life During Uncertain Times

Writing Remotely By Suzanne E. Rowe

I was just fine for a week. friends, who respond to my texts by stand- Then I began to realize what I was missing on their real front porch as I chat from ing ― smiles as I entered the building, a a safe distance away on the sidewalk. Those warm hello from Donna as I passed the re- few social contacts stir the ideas that propel ception desk, the peek inside Megan’s of- me to write. They help me be just fine, or fice to analyze some pressing issue, a few mostly fine, for the rest of the week. minutes brainstorming with Rebekah next Distraction and Writing door. Even though I work alone for much of the day, my work is defined by people. I began social distancing with grand I miss most my students ― their en- ideas of how much writing I’d get done. ergy in the classroom, our conversations Without the daily distractions of the office, in my office, the chance encounter in the I’d complete projects I’d been putting off school commons or the courtyard. Interac- for months! tion with people is the catalyst for much of Since I started working remotely, my writing. In physical isolation, I felt idea though, I’ve been much more easily dis- isolation. tracted and much less productive. Even Assuming someone out there felt as when I’m not reading the news 24/7, I don’t isolated as I did, I organized a Virtual have the same laser focus on my work. I

Bulletin File Photo Front Porch with national legal writing floundered a lot during the first week at Suzanne E. Rowe colleagues. The response was overwhelm- home; I read three novels to keep myself ing; many of us feel disconnected, and it’s sane. During the second week of isolation, a t’s been months since I watered my of- impacting our work. As we sat on the VFP, colleague shared (during a Zoom meeting) fice plants, gathered up the essential Itools of my trade, turned out the lights and came home. Since then, I’ve established I need lists now more than ever. My daily list satellite offices in multiple locations: the dining table, a spare bedroom, a chair on the pa- contains everything I must remember to do and tio, a random spot on the living room floor. I’m still searching the available real estate for everything I should complete that day. And the best the right location; I’m limited in my options, but feel lucky to have options. list includes time for writing. I’ve learned a lot during this period of self-isolation ― about my work, about writ- a fellow introvert pointed out that we all that he didn’t feel like he was accomplishing, and about myself. Often those lessons need contact. She argued that we introverts ing much. That put a finger on my own mal- are intertwined. might need contact even more than extro- aise and spurred me into action. Even Introverts Need Contact verts do, though we prefer that contact to I’ve discovered that I need lists now Like many introverts, I thought I’d be be interspersed with quiet time. more than ever. My daily list contains ev- just fine in isolation. I laughed in recog- To overcome the isolation, I participate erything I must remember to do (Zoom nition at the meme that said, “Isolation? in at least three events with colleagues or meeting at 8 a.m., conference call at 9:30 I’ve been waiting my whole life for this!” friends each week. In addition to required a.m.) and everything I should complete that I applauded myself for being able to work meetings, I join a colleague’s weekly Zoom day (prepare presentation, read proposals). alone. I thanked my lucky stars for a low- socials. I’ve become a big fan of the virtual And the best list includes time for writing maintenance husband, who is a great cook coffee break or happy hour. And I’m for- because I no longer assume that, with lots of and even more of an introvert than I am. tunate to live within walking distance of time for writing, I will actually write.

JUNE 2020 • OREGON STATE BAR BULLETIN 13 Whenever I start floundering during any day, I go back to my daily list. Whenever I Reach Your Target Audience accomplish some task ― even if I’ve been with advertising in the OSB Bulletin staring at a blank screen for most of the time I’m supposed to be writing ― I cross it off Display and Marketplace Ads the list. By the end of the day, I can see what Grandt Mansfield | [email protected] | (503) 445-2226 I’ve managed to do. For long-term goals (plan my fall Lawyer Announcements & Classifieds course, write an article), I need mini dead- Spencer Glantz | [email protected] | (503) 431-6356 lines that extend over multiple daily lists. Perhaps I can’t force myself to complete the whole project in one sitting, but I can make myself brainstorm key ideas for 45 minutes. I might not be completing those grand writing projects yet, but at least I am starting them and inching forward. Office Calisthenics Sadly, I have made substantial progress toward gaining the “quarantine 15.” Fight- ing the “freshman 15” when I started college was hard; I didn’t expect to fight that fight again. But once again I am in a new setting, with a new routine, and the adjust- ment is hard. I hadn’t realized how much exercise I got from going to work, or how important that exercise was to my writing. Commut- ing to my office in warm, sunny weather, I often rode my bike. (In former times, I rode my bike in cold, rainy weather, too.) The ride is less than two miles, and the road is as flat as a pool table; still, it’s a few minutes of exercise at the beginning and end of the day. I could clear my head and mull over the day’s work. From the bike rack to my fourth-floor office, I’d walk 50-100 yards and climb three flights of stairs. (Of course, if I had a lot of books to carry or if the elevator just happened to be opened, maybe I wouldn’t climb.) At my office, I’d open and close an annoyingly heavy door 10-20 times per day. Collecting a draft from the printer required opening that annoyingly heavy door (no, it does not stay open and the doorstop is even more annoying) and walking across a room. And back again. Getting to my classroom required two flights of stairs. To teach, I’d stand for 90 minutes. Now, I sit. Commuting to my home office requires at most a 15-second walk, regardless of which real estate I’m currently occupying. That commute provides little exercise and no time for mulling. To talk to colleagues, I Zoom and sit in front of the tiny green dot on my computer. To teach, I Zoom and sit in front of the tiny green dot on my

14 OREGON STATE BAR BULLETIN • JUNE 2020 computer. As a colleague wrote to me today, I’m feeling “a degradation in my ability to think,” and that impacts my writing. Slowly, I’m finding ways to include Rights of Foreign exercise in my day. I try to walk at least Nationals 30 minutes daily (wearing a mask). I do What to Know When Your yoga occasionally, either alone or in a vir- Client Is Not a U.S. Citizen tual class. I have tiny free weights, and with 2020 Edition enough repetition, lifting even tiny weights feels like exercise. (Hint: As a substitute for Order your copy online at: free weights, try lifting the bags of beans www.osbar.org/publications and rice you’ve been hoarding.) Perhaps the most important change I’ve made is setting a timer on my desk to go off every 23 minutes.1 I stand, turn around, stretch, sit back down and restart the timer. That’s not too long to lose my train of thought; instead, it keeps the juices flowing. Because my lower back is much happier, I spend less time complaining, opening up more time for thinking and writing. Helping Others Countless articles explain that we help ourselves most when we help others. Each act of kindness can spark another. The friend who sent me a text that she’s thinking of me truly lifted my spirits. To share that lift with my students, I sent emails reminding them that I believe in them and that I’m here to help them. (While group messages are more efficient, individual messages are most effective.) A friend made me a mask. I picked up a few items at the grocery store for her. A colleague shared her latest blog, about the travels she’s suspended. It reminded me that we’re both writers, and I started writing this article. n

Suzanne E. Rowe is the James L. and Ilene R. Hershner Professor at the University of Oregon School of Law, where she teaches courses in legal writing, legal research and advocacy.

ENDNOTE 1. I heard once that sitcoms last 23 minutes because that’s the length of the average adult’s attention span.

JUNE 2020 • OREGON STATE BAR BULLETIN 15 FiT To PRACTiCE What Sports and Exercise Teach Us about Lawyering

16 OREGON STATE BAR BULLETIN • JUNE 2020 To | By Jennie Bricker PRACTiCE What Sports and Exercise Teach Us about Lawyering

JUNE 2020 • OREGON STATE BAR BULLETIN 17 FiT TO PRACTiCE

of Jan. 1, more than a quarter of all Americans had made New Year’s resolutions. The most common? Get- As ting more exercise.1 But that was January. In March, just about the time many of us felt our resolve start to weaken, the COVID-19 virus closed down gyms and yoga studios, put the kibosh on team sports, even canceled the Boston Marathon. Those resolution-makers who find exercise an unpleasant chore could point to the coronavirus as a force majeure event, excusing performance. For fitness buffs, though, the coronavirus pandemic has just given them one more reason to step up to the plate. (See “Idioms of Sport,” Page 21.)

Boa Constrictors and Couch Potatoes The boa constrictor, when he has had an adequate meal, goes to sleep and does not wake until he needs another meal. Human beings, for the most part, are not like this. ― Bertrand Russell

When he accepted the Nobel Prize in Literature in 1950, phi- losopher Bertrand Russell spoke about the motives for human behavior. One of the most important, according to Russell, is our love of excitement and its corollary, our desire to escape boredom. Our craving for excitement, he speculates, is left over from an Bonneville Power Administration attorney Tim Johnson says his natural in- earlier stage of evolution, from a time when, to survive, we sprinted stinct is to “play harder” when his stress levels rise — to ratchet up both the after antelope and hunted all day. It sprouts and takes root inside the intensity and the duration of his training. Photo courtesy of Tim Johnson gap between our species-level need for physical activity and the features of our modern lifestyle, which tend to leave us sitting around like lumps. Full Court Press We have options for answering the call of the wild. When he was I move, therefore I am. on “holiday,”2 Russell enjoyed daily 25-mile walks, which by evening left him too tired for boredom. He provided other examples, ― Haruki Murakami too: dance halls, cinemas, jazz, opium and warfare. For the contemporary adult, bereft of opportunities to chase Exercise is what “makes us feel alive,” says Bend business at- antelope, the World Health Organization and the U.S. Centers for torney Alison Hohengarten, who focuses on yoga, walking, hiking, Disease Control recommend 150 minutes of aerobic activity and climbing ― whatever she can find that gets her moving and creates two sessions of strength training per week. Now, that might suffice the endogenous endorphins that fitness enthusiasts swear by. Carla to quell our urge for excitement without resorting to jazz or opium. Kelley, retired general counsel of the Port of Portland, loves her Trouble is, only 20 percent of Americans meet those recommenda- “Barre3” classes for that very reason: endorphins. “It just makes me tions, and a shocking number (80.2 million) of Americans are com- feel good,” she says. pletely inactive ― at higher risk for a parade of health horribles like “You flood your brain with dopamine,” says Portland defense at- 3 diabetes, cancer, heart disease and Alzheimer’s. torney Tiffany Harris, a fan of a high-intensity circuit training work- Jody Noon, a retired attorney and former public health nurse, out called “Orange Theory.” Harris also credits her workouts with a admits that she used to be one of those couch potatoes. “I hate exercise,” she says. “I would describe myself as a highly sedentary person.” But when she was diagnosed with Type 2 diabetes five years ago, Noon threw off her couch potato ways and began spending 30 On the Cover: Bend business attorney Alison Hohengarten focuses on yoga, walking, hiking, climbing — whatever she can find that gets her minutes a day doing “Beachbody” workouts through an online, on- moving and creates the endogenous endorphins that fitness enthusiasts demand subscription service. Diabetes is now off her medical chart, swear by. Exercise is what “makes us feel alive,” she says. Photo courtesy and her cholesterol levels and other bloodwork are back to normal. of Alison Hohengarten Noon is philosophical about her goals, but pleased with the results. On Pages 18-19: Michelle Rudd, board chair of Oregon’s Land Use Board of Appeals, is an avid dragon-boat racer. In 2011, she competed with “At the age of 64,” she says, “I don’t need to do a burpee. But I the U.S. National Masters Women’s Team at the world championships in keep getting stronger.” Tampa, Florida. Photo courtesy of Michelle Rudd

18 OREGON STATE BAR BULLETIN • JUNE 2020 Bend business attorney Alison Hohengarten and her teenage sons pause during a recent family outing. Exercise and play help keep her body and mind nimble, she says, and act as ballast against the rigors of competition and stress in the practice of law. Photo courtesy of Alison Hohengarten

more subtle benefit: a habit of self-care that she regards as critical for sessions, which traditionally do not count hoisting pints of beer): the overworked attorneys. One-Minute Workout.4 “You make a place in your schedule, you get there,” she explains. Gibala studied a technique used by elite athletes called high- “There’s sense of extricating yourself from your office, a feeling of intensity interval training, or HIIT, in which athletes alternate be- rewarding yourself.” tween short periods of intense exertion and periods of recovery. Michelle Rudd, board chair of Oregon’s Land Use Board of Ap- In the “one-minute workout,” the time-crunched can alternate be- peals, echoes the sentiment. For Rudd, an avid dragon-boat paddler, tween 20-second bursts of high-intensity cycling followed by two her approach to life shifted as she acknowledged “the importance of minutes of slow pedaling. Add a three-minute warm-up and the taking time for yourself to do things just for the love of it, even when whole session takes only 10 minutes. there are a million other demands on your time.” The subjects in Gibala’s studies performed that 10-minute rou- Many tense and anxious attorneys have a cocktail to relax and tine three times a week for six weeks. They showed the same exer- unwind from the stresses of daily life, but Bonneville Power Admin- cise benefits as subjects who exercised with moderate intensity for istration attorney Tim Johnson sees exercise as a healthier alterna- 45 minutes at a time. The only catch: You have to work it. According tive. “As a lawyer, I end up sitting a lot,” he says. “So I do whatever to Gibala, “If you want the benefits of very time-efficient exercise, it takes to stay active.” then you need to push hard. There’s no way around that.” So does Hohengarten, who notes that lawyers are at high risk for Paddle Your Race: Four Lessons from Sports substance abuse. “Exercise is a way to avoid going down that hole,” she says. She describes her running club, which regularly met at 6 Sports are such a great teacher. I think of everything they’ve a.m. to train for the Cascade Lakes Relay before the pandemic hit, taught me: camaraderie, humility, how to resolve differences. as “happy hour in the morning.” ― Kobe Bryant Canadian exercise researcher Martin Gibala has an answer for attorneys who claim there is no space in their busy schedules Lawyers (even retired lawyers) typically have jammed-up calen- for 150 minutes of aerobic exercise (plus two strength training dars, but that’s not the only aspect of the profession that generates Background image: iStock.com/Kativ JUNE 2020 • OREGON STATE BAR BULLETIN 19 FiT TO PRACTiCE

stress. Being consumed with high-stakes projects, staying “on point” and pressured to perform, expected to be right 100 percent of the time ― these all take their toll. As lawyers, we often match that intensity with our personalities and behavior. We’re obsessed with winning. We need to be in control. Often we find it difficult to ask for help. Collaboration feels like weakness. Sports and exercise offer us a lesson plan for our lives and careers. Lesson One: Burn Off Stress At age 58, Johnson says his natural instinct is to “play harder” when his stress levels rise ― to ratchet up both the intensity and the duration of his training. “I don’t want to carry that stress,” he explains. “I want to burn it off.” Hohengarten, a long-time yoga practitioner, compares the importance of balance in yoga to the importance of balance in life. Exercise and play, she believes, act as ballast against the rigors of competition and Robin Runstein, a Portland family law and criminal defense attorney (bottom row, second from stress in the practice of law. right), poses with her teammates after winning a soccer tournament in Las Vegas for the third year Exercise provides a multi-faceted anti- in a row. Runstein started playing soccer at age 10 and went on to compete for the University of dote to stress. It shifts our attention away Massachusetts. Now 50, she says “playing sports has formed me.” Photo courtesy of Robin Runstein from the source of anxiety (up there in the brain) and into the mechanisms of the body, forcing us to concentrate on sinking of Massachusetts. Now 50, she says “playing translates, “so stay focused on what you can a free throw, executing the next step in a sports has formed me.” control.” For Rudd, that means trusting the Zumba class or whacking a tennis ball over Part of Runstein’s sports ethic is learn- process, sticking to the rules, and letting the the net. Not only does it flood us with en- ing to lose: “You put yourself out there. outcome “take care of itself.” dorphins, but it also lowers levels of corti- You learn to lose. You are a good sport,” she Hohengarten questions whether at- sol, the stress hormone.5 says. “You lose but you don’t give up. Los- torneys always need to “call the shots” or Lesson Two: Learn to Lose ing is not a reflection on your character. It know the answer. She believes sports teach us flexibility as well as perseverance ― the Who doesn’t like to win? Surely a criti- makes you stronger.” skill of “going with the flow.” cal lesson from sports is the importance of That ethic transfers to how Runstein winning. Football coach Vince Lombardi runs her law practice. She tries cases, so Lesson Four: Play on a Team famously said, “Winning isn’t everything, winning is important ― but it’s not the only Runstein compares practicing law to it’s the only thing.” way she measures success. She doesn’t en- playing soccer. She says the contrasting But he was wrong. joy winning a badly played soccer game; roles and styles of lawyering are like differ- “You are supposed to fail,” says Hohen- she sees more value in playing her best ent positions on a soccer team. garten, recalling her time at a rock gym, game, even if it ends in a loss. In her prac- “All of these types need to be there,” she on the bouldering wall. There, the point tice, a “good game” might mean being well believes. Some types predominate: “A lot is to solve the problem of how to traverse prepared for trial. It might mean being cer- of lawyers are ‘flashy forwards,’” Runstein the wall ― after many unsuccessful attain that her client felt heard. says. “They go right to the attack. They’re tempts. Hohengarten believes the activity “You can’t win every time,” Runstein looking to score.” has helped her thinking, not just her body, observes. “It just doesn’t make sense.” Not Runstein. She’s a midfielder, a play- stay nimble. maker ― and that’s how she practices law. Lesson Three: Give Up Control Robin Runstein, a Portland family law She starts from the back and works forward. and criminal defense attorney, agrees. She Rudd says her sport gives her insights She assesses vulnerabilities. Sometimes her grew up with sports ― she played baseball, into life, and into the practice of law. approach leaves clients wondering whether basketball and tennis, and she raced on skis. Out on the water, “paddle your race” is Runstein believes in their case. “But that’s She started soccer at age 10 and went on to an important principle. “You can’t control not so,” she explains. “When I evaluate a play on a Division 1 team at the University what’s happening in another boat,” Rudd case, I’m analytical.”

20 OREGON STATE BAR BULLETIN • JUNE 2020 FiT TO PRACTiCE

A big part of what Rudd enjoys about paddling on a crew is the sense of common purpose. She remembers racing on a women’s masters dragon boat with the United States National Team in Prague. Her team ― 20 paddlers, a caller (similar to a coxswain) and a steersperson who guides the boat ― made it to the finals, where the competition was fierce. To “walk” on another boat means to calmly and methodically overtake another crew or crews during a race. Rudd remembers a turning point: “The tiller, in a very calm voice, said, ‘If you want to win a medal, you better start walking.’ This surge of power went through the boat, with 20 people hammer- ing in unison. And we medaled.” Lawyers who exercise grow to value the sense of camaraderie that develops, whether it’s on a sports team or in a gym or studio. Gloria Trainor, who has a solo litigation practice in Portland, loves the women’s pick-up basketball games every Monday evening at Peninsula Park Community Center. She’s been meeting the same group of players there for eight years. Retired lawyer and nurse Ter- ri Kraemer takes Tai Chi and Zumba classes at a community center and attends line dancing workshops. Hohengarten loves the sense of Retired Portland attorney Carla Kelley and husband Andy Asher pose for community in her yoga classes. a selfie near Cape Kiwanda on the Oregon coast. Working out, she says, “just makes me feel good.” Photo courtesy of Carla Kelley

For Johnson, cross-training ― the sports equivalent of diversification ― is key, and he likes to remind himself that “the gym is wherever you are.” He packs resistance bands and swim goggles when he travels, and has memories of doing plyometrics ― also known as jump training ― in Paris. Under the shadow of the pandemic, Johnson relies on the weights, pull-up bar and treadmill in his basement; outside the con- fines of his home, he’s logging more running and biking miles. He says he’s grateful now that he’s developed his diversification mindset.

Idioms of Sport Michelle Rudd and her U.S. National Masters Women’s Team crewmates Our language is crammed with sports metaphors, await the start of a dragon-boat heat. Photo courtesy of Michelle Rudd especially the language of lawyering. This is hardly surprising, since both litigation and sports are forms of ritualized combat. Of course, none of that is happening while Oregon deals with the So, assuming the ball is in our court (tennis), we COVID-19 pandemic: no yoga classes, no line dancing, no Orange might look for an easy victory — a slam dunk (basket- Theory or Barre3. No basketball or soccer or dragon boats. ball) — or try to knock it out of the park (baseball). So how do we keep up the exercise? What if we’re down to the wire (horse racing) and get blindsided (football) by the opposition, who throws us a Adapting to COVID-19 curveball (baseball)? It might be time to jockey for posi- “It’s definitely in flux,” says Hohengarten. “We finally dusted off tion (horse racing), pass the baton (track), get someone an elliptical machine ― it’s in the laundry room.” in our corner (boxing) or punt (football). Fortunately, Hohengarten enjoys many forms of exercise and On the other hand, maybe it’s a really sticky wicket is willing to experiment. She’s tried jump-roping and playing bas- (cricket) and the gloves need to come off (hockey). But ketball and Frisbee with her son, who also gave her lessons in rid- let’s make sure we don’t jump the gun (track) and end up out in left field (baseball) or, worse, down for the ing a rip stick. (A rip stick resembles a skateboard but swivels in the count (boxing). middle, and Hohengarten doesn’t see it as a permanent addition to her fitness regimen. “I don’t want to go to the hospital right now,” — Jennie Bricker she says. “Don’t think I’ll be pursuing that.”) Background image: iStock.com/deebrowning JUNE 2020 • OREGON STATE BAR BULLETIN 21 FiT TO PRACTiCE

Even gargoyles are wearing masks in South- east Portland during the COVID-19 pandemic. Photo by Jennie Bricker

group “invites maximum effort,” she says. Other ingredients are also difficult to dupli- cate: the “curated music,” the novelty in the exercise routines. But she is confident: “It’s just a mental adaptation,” she says. The onslaught of COVID-19 has left Kelley with a similar dilemma. Before the shutdown, Kelley’s workout routine included Barre3 classes four times every week. “It works every muscle system in your body,” says Kelley fondly. At 75, she relies on the Fitness enthusiasts adapt to social distancing in front yards (top) and at Colonel Summers Park in full-body workouts to keep her joints sup- Portland’s Buckman neighborhood (bottom). Photos by Jennie Bricker ple and her spirits up. Like Harris, Kelley says there is some- “People who do only one thing are un- Orange Theory closed down before thing uniquely engaging about the group fortunately stuck now,” he says. Gov. Kate Brown’s March 23 “stay-at- experience. The hour-long, in-person sessions were never dull, she says, but when Harris admits it’s been a challenge to re- home” order. Before shutting the doors she tried a class online, she found it wasn’t place her Orange Theory workouts. When completely, though, the facility put precautions in place. “I knew something was the same. Still, Barre3 (co-founded by its they gather for circuit training, Orange up when we stopped high-fiving,” Harris current CEO, Portlander Sadie Lincoln) is Theorists wear heart-rate monitors so they remembers. upping its online game and, like many stu- can measure their exertion ― and everyone Now Harris is walking, jogging and dios, offering promotional packages while else’s ― by checking beats-per-minute on a struggling to find an adequate substitute studios are closed. Kelley says she will im- screen on the wall. For Harris, exercising in for the intensity of her group sessions. She prove her own “tech skills” and find a way a group was part of the motivation. plans to try virtual classes but admits that to make it work. “After each treadmill session, we would she misses the in-person camaraderie and With varying levels of enthusiasm, oth- high-five each other,” she says, by way of the fun. For her, the group experience was ers have embraced the virtual experience. example. “Yes, it’s hokey. But it’s fun.” part of what made the workouts intense: A For example, Runstein’s soccer friends do

22 OREGON STATE BAR BULLETIN • JUNE 2020 Zoom workouts together from their homes. “You’ll see their kids running by,” she says. “It’s cute and it’s fun.” To keep up with Tai Chi, Kraemer has switched over to videos, and for line dancing, she’s found an international community of instructors who offer Facebook Live classes. She misses interact- ing with other students. On the other hand, sometimes the home- based instructors (who are also new to the virtual format) intro- duce their children or pets, and that makes the classes personal in a different way. “It gets you out of your little bubble,” Kraemer says. She thinks it’s important to support instructors who can no longer teach in-person classes. “The classes don’t always go off without a hitch,” she acknowledges, “but I have more patience with everyone ― we’re all adjusting to new technology, finding ways to stay active.” Her nursing background makes her conscien- tious about social distancing. “I wish people would take it more seriously,” she says. Noon worked at the Oregon Health Authority and spent years in public health, before and after her law degree. She cautions that “staying home is the only way, and the longer it takes people to get it, the longer this will take.” As for her fitness regimen, Noon continues her “Beachbody” workouts as she always has, at home. “I’m pretty much a homebody anyway,” she admits. For many fitness enthusiasts, COVID-19 is an opportunity to practice another of sports’ life lessons: perseverance and a positive outlook. “It’s a different work ethic,” says Runstein, who believes being physically strong makes her mentally strong. Rudd calls on another paddling metaphor: When the water is rough, you keep your paddle in the water, because that makes the boat more stable. In other words, you stay engaged, knowing you’ll get through it. “When I first started paddling,” Rudd recalls, “we’d do three- minute runs, where we’d paddle hard without stopping. ‘You can do anything for three minutes,’ the coach would say. Over time, that becomes,‘You can do anything for five minutes.’ And then 10 minutes. “At some point, in your head, it becomes, ‘You can do anything.’” n

Jennie Bricker is a Portland-area natural resources attorney and a freelance writer doing business as Brick Work Writing & Editing. Reach her at [email protected].

ENDNOTES 1. See tinyurl.com/PopularResolutions2020. 2. British for “vacation.” 3. Mandy Oaklander, “The New Science of Exercise,” in The Science of Exercise (Time Magazine Special Edition 2017). 4. Gibala co-authored the book of that title with Christopher Shulgan; it was published in 2017. Also see “How to Exercise When You Have No Time” in The Science of Exercise (Time Magazine Special Edition 2017). 5. Camille Noe Pagán, “The Fitness Rx,” in The Science of Exercise (Time Magazine Special Edition 2017). Background image: iStock.com/zhudifeng JUNE 2020 • OREGON STATE BAR BULLETIN 23 CORONAVIRUS

COPING with COVID-19 Legal Community Responds to ‘Conditions We’ve Never Really Seen Before’

By Cliff Collins

24 OREGON STATE BAR BULLETIN • JUNE 2020 the COVID-19 pandemic rapidly began taking its toll on the nation’s collective health and psyche in the spring, Oregon lawyers and law firms quickly pivoted from reacting to being proactive. As Many members of a service profession accustomed to personal interactions and handshakes found themselves becoming conversant virtually overnight with technologies such as Zoom, FaceTime and Skype just to continue operating and meeting their clients’ needs. Varying by size and type of practice, firms across the state moved either to working from home or adjusting their offices to accommodate both safety and efficiency.

Needless to say, flexibility became increasingly essential to the What followed was “a herculean effort on the part of the firm’s practice of law. Depending on their areas of emphasis or expertise, IT department and office manager, getting everybody set up for many attorneys saw their business volume decrease as the disease access from home,” says DWT partner Jenna Mooney. The firm spread. Others ― especially those working in employment law, also ceased all nonessential travel, meetings and conferences, and landlord-tenant law or health care law ― were suddenly busier put response plans in place for personnel potentially exposed to than ever. COVID-19 or in the event someone contracts the virus. Regardless, the legal community’s overall response to a novel By contrast, most attorneys are continuing challenge has been a renewed willingness to pitch in, with a wide to work on-site at the Jefferson County District variety of programs and policy changes designed to help those hit Attorney’s Office in Madras, says Deputy Dis- the hardest economically. trict Attorney Kasandra Van. “We all have sepa- Continuing Operations rate offices,” she says. “We have tape marked out at 6 feet.” Garrett Hemann Robertson, a Salem firm of 18 attorneys and 30 staff members, “was in a good position to move to remote opera- Van is responsible for carrying the office’s tion” when the pandemic struck, in part because of its pre-existing Kasandra Van misdemeanor load, and her normal daily duties disaster plan, says Jennifer DiSenso, the firm’s administrator. The of court appearances and talking with defense firm’s objective was to have everything ready “so that our clients attorneys have slowed considerably. “All of my closest next court didn’t experience an interruption in service during a time they need- appearances, barring in-custodies,” were postponed for weeks, she ed immediate support,” she says. says. “I have cases that were supposed to go to trial booted until Au- gust or September,” but no firm dates are set because of the uncer- Several days before Gov. Kate Brown issued stay-at-home or- tainty. ders in mid-March, the firm’s attorneys and staff began working remotely by transitioning in phases. “If anything, we are more She sounds a common chord: “The personal cost of the pandem- available now,” DiSenso says, “because of restrictions on court ac- ic” has been hard to accept because it has kept her from seeing her tivities and mobility.” family and friends, most of whom live in towns several hours away. But, Van adds, “I appreciate that my office is trying to be upbeat and Ryan P. Hunt, a partner with Garrett keep us working.” Hemann Robertson who handles family law, estate planning and personal injury cases, agrees. Foster Denman, a boutique law firm in Med- Hunt, who is also a member of the Oregon State ford that focuses its practice on real estate, busi- Bar’s Board of Governors, says that “from our ness, estate planning and commercial litigation, attorneys’ perspective, it seemed pretty seam- has adopted a “hybrid” approach to operating, less, basically because our staff has been so great says partner Eric R. Foster, with most support about it.” staff working remotely and lawyers remaining in Ryan Hunt the office. Its six partners work in a building that Landye Bennett Blumstein’s conversion to allows enough physical space for appropriate nearly all remote work also took place at an early stage. After man- Eric Foster social distancing, he says; the public cannot en- agement of the Wells Fargo Center where the firm is located noti- ter the building, so lawyers hold required in-person meetings with fied its tenants on March 13 that someone in the building had tested clients on the back patio. positive for the novel coronavirus, the firm decided the next day to turn to working remotely, says partner Elliot P. Dale. Except for “a “Our main focus is to make sure that our staff members are well skeleton crew” in the office, all members now work from home, a taken care of,” says Foster, an OSB Board of Governors member, move that was made easier because many in the firm had already “while doing all we can to continue to serve our clients.” been set up to ― and sometimes did ― work remotely, he says. Up and Down Davis Wright Tremaine, another tenant in the Wells Fargo By late April, some of the state’s law firms announced they were Center in downtown Portland, made the same move “within days” cutting pay, staff or both as the economic impact of the COVID-19 of receiving the news, according to spokeswoman Haley Fox. That pandemic took hold. Stoel Rives planned to initiate a long list of allowed everyone to work away from the office, “with the exception cost-saving measures, for example, including salary reductions, staff of a select few who are performing essential in-office support that furloughs, reduced partner draws and the implementation of hiring cannot be done remotely,” she says. and spending freezes. Stock.com/ gilz JUNE 2020 • OREGON STATE BAR BULLETIN 25 Davis Wright Tremaine said it would trim staff pay by 6-10 per- Domestic violence cases and landlord-tenant issues increased cent for those making more than $60,000; reduce contract partner rapidly after the pandemic hit, posing challenges for legal aid attor- and top executives’ pay by 15 percent and associate pay by 12 per- neys who already were strapped with demand, says Janice Morgan, cent; and cut quarterly equity partner distributions, among other executive director of Legal Aid Services of Oregon. And the need measures. At the same time, though, DWT created a program fund- will only increase if a recession is prolonged, she adds. ed by firm partners to help staff experiencing financial hardship, and Immigration law also has been impacted sig- put together a vacation bank to which employees could donate va- nificantly by the COVID-19 outbreak ― in both cation time. negative and positive ways, says Chanpone Sin- Still, some specific areas of practice began to experience in- lapasai of the five-attorney Lake Oswego immi- creased demand as the pandemic wore on. gration firm Marandas Sinlapasai Garcia. Flight “What we’re seeing is an uptick in employment law,” Foster cancellations and changing travel bans both to says. “A lot of people are asking questions about federal Paycheck and from different countries make a complex Protection Program loans and sick leave. It takes a lot to digest Janice Morgan practice area even more difficult, she says, and what’s coming from congressional action and to then adjust to what petitions for family-based matters ― including comes out from agency guidelines. Having to do that within a matter people who want to leave or enter the U.S. or other nations ― have of days poses challenges.” been held up even more than normal. But one upside is a much Mooney, who chairs Davis Wright Tremaine’s Portland employ- greater responsiveness from U.S. Citizenship and Immigration Ser- ment practice group, concurs. “This has been an incredibly busy vices as cases are adjudicated electronically, she says. time,” she says. Law firms that handle estate planning are doubly challenged by Stay-at-home and shutdown orders had an immediate impact on the effects of the pestilence because many of their clients are older clients, Mooney explains, causing furloughs, severances and queries and at higher risk, and many documents require witnesses or must about complying with existing and new laws related to these subjects. be completed in front of a notary or signed in person. Anne Villella, The fact that unemployment compensation and much of worker pro- owner and attorney at Pariani Villella in King City, doesn’t consider tection laws are handled by the state adds complexities to helping remote video meetings ideal for her clientele; she prefers face-to- clients navigate it all, she says, and fielding questions and finding an- face meetings to establish trust and because the attorney can better swers was like “drinking from a fire hose” in the first few weeks. assess qualities such as client capacity. But she says video meetings However, Mooney found “heartening” the fact that people in can offer a necessary compromise during this time of uncertainty. different industries showed concerns about laying off their employ- “It’s super important that our clients feel ees and are helping them by providing food and ways to supplement safe and comfortable with the process,” she says. their incomes, while at the same time endeavoring to keep those still “Unfortunately, video meetings won’t work for working safe at work. all clients for a number of reasons, including the Ingrid Brydolf, co-chair of DWT’s health care practice group, challenges for some in using technology or be- says her hospital and medical group clients focused initially on legal cause they lack access to this technology.” questions surrounding the delivery of care, including seeking waiv- Villella approaches document signings re- ers from regulations so that providers could move as much as pos- Chanpone quiring in-person meetings on “a case-by-case Sinlapasai sible to telemedicine. She has been encouraged by federal, state and basis,” she says. For example, to maintain social commercial insurers’ willingness to be flexible, for the safety of both distancing she has conducted signings from clients’ decks, front patients and caregivers. porches and backyards, where she can keep watch through a partial- “It’s so important that we don’t lose that momentum,” Bry- ly open sliding-glass door. Home visits where she remains outside dolf says. “Providers have been pushing for this” to be more widely help provide peace of mind, she adds. covered by insurance, and the pandemic has resulted in “moving Laura L. Donaldson of Kuni Donaldson, the chair of the OSB’s that forward.” Debtor-Creditor Section, says that as of late April, she had not seen Family law attorneys are dealing with the obstacle of closed a jump in her specialty practice of bankruptcy cases. “We are still in courts and trial delays for most cases, notes Garrett Hemann Rob- that weird lull where there hasn’t been a notable impact on bank- ertson’s Hunt. One result has been that his firm’s lawyers are using ruptcies,” she says. “It is coming, but it hasn’t happened yet. We had mediation more, he says. an uptick at the beginning of the year; then (from) March through Ralph Gzik, a family attorney with the four-lawyer firm Kroll the present, filings have been less than last year.” & Johnson in Hillsboro, says the volume of cases has been steady She attributes the slowdown in part to federal, state and local but slow to advance because of court closures. He hasn’t received as stimulus programs, including Paycheck Protection Program loans. many inquiries as usual from potential clients, he says, but he’s been “It is difficult to determine if a bankruptcy is the proper route with- pleased with the overall performance of the judicial system. out a little more time to see if the distancing order will be lifted “The courts have been really helpful, in Washington and Mult- and if businesses will be able to recover and restructure rather than nomah counties especially,” in disseminating information to law- liquidate,” Donaldson explains. “The impact to bankruptcy is yet yers and keeping “attorneys updated about what’s going on,” he to occur in force. May the Force be with all of us when it does.” says. “Judges are sending out updates so that we can keep our clients informed.” CONTINUED ON PAGE 29 | COPING with COVID-19

26 OREGON STATE BAR BULLETIN • JUNE 2020 I knew, though, that the initial CJO would not answer all questions and that I would need to consult more widely and do MANAGING IN further work, including responding to practitioner concerns about their ability to meet statutory deadlines during the crisis. I think UNCERTAIN TIMES that one of the best things we did in “managing” the consequences of COVID was to work with the Oregon State Bar to convene work groups and examine the CJO more Chief Justice Responds to Pandemic closely, and more carefully describe the With the Help of Her Legal ‘Family’ proceedings that courts must and should continue to conduct. We also created an email address ― [email protected]. By Chief Justice Martha Walters or.us ― to solicit feedback on how the order was working so that we could quickly identify and address issues raised by practitioners. That email is still available, and feedback is helpful. ow to “manage” the courts in the time of COVID? It’s a In responding to sug- rollicking ride. My advice: Take it as it comes, and seek gestions from practitioners help at every turn. and judges, I realized that I H Before I joined the courts, I helped manage a small law might need additional statu- firm ― about a dozen lawyers and staff. The firm was family to me. tory authority to take further The Oregon courts are composed of some 200 judges and 1,600 staff. By action. Our team worked with statute, I am the administrative head of the Judicial Department, but I rely the special COVID-19 commit- on the leadership and skills of a fantastic state court administrator and her tee appointed by legislative lead- staff of professionals. I have an advisory committee of five circuit court presiding ers to develop state-level responses to judges and I chair and report to the Judicial Conference ― all the judges in the state. As a the pandemic. We proposed legislation for result of the pandemic, I have worked more closely than ever with so many of those judges temporary authority to extend or suspend and professionals. I am getting to know their inner strengths, and they are becoming like certain statutory timelines where compelled family to me. by the public health emergency, expand Our response to COVID began in late February ― before the our ability to conduct remote hearings and first reported case in Oregon and before the Legislature had formally extend appearance timelines. Now, after adjourned. By then, we already were thinking about the right way to nine weeks of restricted court operations, respond to the virus, and we directed courts to update their existing we have found ways to conduct most of our emergency operations plans to address a possible pandemic. We started court business. That said, challenges remain. scheduling weekly COVID-related conference calls with our presiding I continue to work with the Legislature, the judges and trial court administrators and sending weekly updates to all bench and bar to tailor the proposed legislation to our lessons learned, so that we can judges and staff. Chief Justice continue to provide justice services. Martha Walters That planning was, it turned out, insufficient. I did not anticipate By late March, our courts ― trial and that the virus would catapult us into the unimaginable changes we have appellate ― were hard at work restricting witnessed in our personal and professional lives, and I think that inability to really compre- our operations. In addition to prioritizing hend the full scope and implications of what was hitting us is one of the biggest management cases, we moved hundreds of judges and challenges that I, and I imagine many others, faced and continue to face. court staff to work-at-home or leave status. Within a week after Gov. Kate Brown declared a statewide COVID-19 emergency on We started purchasing the first of several March 8, I issued guidelines to courts asking that they postpone jury trials, limit large-group hundred laptops and cellphones to allow gatherings in courts and establish social distancing, protect jurors in high-risk categories, work to continue off-site. We upgraded and start scaling back court operations. our technology systems to handle the in- I realized almost immediately that guidelines alone would be inadequate. I worked with crease in remote meetings, hearings and a small team throughout the weekend to prepare a Chief Justice Order, and we issued it on interpretation services that we knew would March 16. CJO 20-006 was relatively brief ― six pages directing that most jury trials be post- be coming. That was complicated by the poned, outlining what courts must or should continue to do, and prioritizing those proceed- fact that we must comply with our consti- ings. Our purpose was to immediately restrict the number of people who would come into tutional “open courts” clause; the public our courts, including parties, counsel, jurors, interpreters, judges and staff. It was doing our must have access to proceedings conducted part to protect people and “flatten the curve.” by remote means. Stock.com/Anton Litvintsev and imaginima Stock.com/Anton JUNE 2020 • OREGON STATE BAR BULLETIN 27 We were working fast and furiously when I realized, again, that I had not anticipated changing conditions. We were still in the process of restricting court operations when lawyers began pushing, not for an extension of deadlines and court appearances, but for the assistance of the courts in moving their cases forward. There was a need to open as well as to close. Depending on who you ask ― and when you ask them ― Oregon’s restrictions on in- person court proceedings and activities have been either too little and too slow, too fast and too severe, or about right. Either we are not doing enough to protect the lawyers and people who appear in court, are too limited in the work we do, or are appropriately protecting both public health and the needs of those who use our courts. But that is as it should be. We have different and changing needs. As a manager, I needed to understand that there would be misunderstandings and mistakes that would require correction, and that there would be good suggestions that should be adopted. I am pleased that we were able to ride the waves and rise to the occasion. We issued additional Chief Justice Orders to ensure that habeas corpus cases would continue to be heard, expanded authority to use electronic signatures in court filings, amended bar admission processes and reduced the im- position of collection fees on people unable to pay their court-imposed fines and other financial obligations. There were myriad other issues that needed decisions. How to address situations where counties close their doors and thereby the doors to the courtrooms they house? Should courts accept cash payments? What actions should courts take when the Oregon State Hospital suspends admissions? Should the courts notify landlords seeking to file eviction complaints that the governor’s Ex- ecutive Order might subject them to criminal penalties? Thankfully, I did not have to make any of those decisions alone. Hundreds of people gave hundreds of hours and provided detailed scrutiny before I acted. And thousands more added untold effort to implement those decisions. Regardless of how you feel about their merits, the decisions we made reflected a concern for both people’s health and their need for access to justice. I know that criticism of those decisions reflects those same concerns. There is still a lot to do.

28 OREGON STATE BAR BULLETIN • JUNE 2020 The pandemic has forced business CONTINUED FROM PAGE 26 | COPING with COVID-19 closures and the resulting high levels of unemployment likely will reduce state general fund resources. Consequently, the For the Greater Good governor and legislative leaders have re- Some law firms are expanding or changing what they do to serve the broader commu- quested that we identify potential budget nity, sometimes through pro bono service or by means of their regular focus areas. Gevurtz reductions. Menashe announced in mid-April, for example, that it would provide complimentary estate In thinking about what we can do dur- planning services ― including wills, powers of attorney and advance directives ― to active ing these unprecedented times, it is im- front-line first responders in Oregon and Southwest Washington. portant to keep in mind the critical work “As the world continues to cope with the impact of COVID-19, we in which our courts are engaged. We must are incredibly grateful for our heroes on the front lines, who make a continue to hold trials and proceedings re- critical difference in our lives,” says Managing Shareholder Shawn Me- quired by constitution and statute, as well nashe. “Our deepest hope with this program is to take care of them and as oversee children in foster care, decide their families so they can continue caring for our community.” protective orders and generally ensure that the rule of law continues. In addition, Sometimes, firms have responded by thinking outside the box. For we expect hundreds of cases to be affected instance, Riley Lagesen, the founder and chair of Davis Wright Tre- by the U.S. Supreme Court’s recent de- Riley Lagesen maine’s national restaurant industry practice group, contacted one of cision in Ramos v. Louisiana, regarding his clients ― celebrity chef and Food Network host Guy Fieri ― to see non-unanimous jury verdicts. And as the what the two could do to help a sector of the economy that has been hit particularly hard governor eases restrictions, we will need by the pandemic. to address the backlog of postponed civil “He wanted to do something to help raise money to support those who lost their and criminal cases, as well as the expected jobs,” Lagesen says, so lawyer and client worked together to obtain corporate sponsor- surge of new landlord-tenant, contract- ship and formed the Restaurant Employee Relief Fund. As of late April, they had raised enforcement and debt-collection cases. I $15 million for grants that will go to underemployed and unemployed workers in the food issued an additional Chief Justice Order in service industry. mid-May to guide that transition. “Guy is our ambassador on it,” Lagesen says. It is one thing to manage the judicial Nationally, more than 8 million restaurant employees have been laid off or furloughed, system as a pandemic enters our state. It according to the National Restaurant Association. Lagesen points to a survey showing that is yet another to do so while anticipat- 80 percent of restaurant owners are not certain they can survive, and the association es- ing both budget reductions and a large timated in late April that more than 90 percent of Oregon restaurants had laid off or fur- volume of postponed and new litigation. loughed staff. As a firm, Lagesen says, “our goal is to help our clients come out of this as well By the time you read this, the May 20 as possible. We’re dealing with conditions we’ve never really seen before.” revenue forecast for state government Daniel Kalish, the managing partner of HKM Employment Attorneys, concurs. His firm will have been issued and we may know created an online resource center where displaced or worried employees could turn for more about what will be expected of us. information. Through that, he says, the firm can pass along tips about “a lot of protections If we are being asked to make significant they have but don’t realize.” reductions that will affect our ability to fulfill our constitutional and statutory re- HKM’s motivation came from firm members who observed other companies offering sponsibilities and do our part to assist in free or reduced services, Kalish says, but the firm also saw it as a way to explain what em- Oregon’s recovery, we may well again ask ployees’ rights entail ― such as whether they have to report for work if they’re afraid of for your help to support the courts and exposure, or whether their bosses are required to notify them if a co-worker tests positive access to justice. for the coronavirus. I know that all of you have your own “The response has been great,” Kalish says. The most common question: “Am I entitled work and lives to manage and that we all to unemployment benefits?” face daunting challenges. Change, of any Given that concern, Salem sole practitioner Stefyni Allen thinks lawyers should con- sort, requires courage. Take heart, and sider reducing their rates so they could obtain more work and benefit people who have thank you for your understanding and lost their jobs. About four years ago, Allen ― who practices family law and advises parents support for our courts. n about special education law ― posted a notice for attorneys willing to be placed on an informal list she compiled of lawyers who would accept low-income clients. About 40 lawyers Hon. Martha Walters is chief justice of agreed to be on the list. the Oregon Supreme Court. She continues “Anything I can do to facilitate services for people who cannot afford a lawyer, then I to gather feedback from the state’s legal would like to do that,” Allen says. “Where my passion lies is helping people who feel they community via email at cjofeedback@ojd. don’t have a voice.” state.or.us. Above and Beyond Two attorneys whose practices don’t always lend themselves to working remotely say they’re willing to accept hazardous duty, at potential sacrifice to themselves, if it means they

JUNE 2020 • OREGON STATE BAR BULLETIN 29 can help clients in need. One is Kamron L. Graham, deputy public guardian and conservator for Multnomah County, who is responsible for overseeing clients in hospitals, adult care homes and group homes. The county’s program obtains and imple- ments court-appointed guardianship and con- servatorship for people who are profoundly mentally incapacitated, unable to care for themselves and at high risk of abuse, exploitation or extreme self-neglect. Especially because many clients are elderly, Graham and her colleagues Kamron Graham have implemented remote visits when appropriate, using tablets and laptops provided by care facilities. “But for some clients, this is just not feasible or de- vices are not available and in-person visits are needed,” she says. “An example could be someone who does not have the cognitive ability to have a virtual conversation, or their mental health is a barrier to using technology.” Graham, who is also a member of the OSB Board of Governors, says that despite the personal risk, she stays with the work because she wants to help people who need it. ”I think protecting vulnerable people is the greater good in this situation,” she says. “And I am super safe and take precautions for my sake and theirs.” An attorney who follows a similar ethic is Amanda J. Marshall, who handles juvenile dependency and delinquency cases and civil commitments in Oregon City for Clackamas County. She works with Clackamas Indigent Defense Corp., a state-contracted consortium of independent criminal defense lawyers. In normal times, “the entire court” is held in hospitals for civil commitment cases, she explains. “After the virus struck, we tried to figure out how to do hearings with restrictions, be compliant with hospital rules and keep safe. Civil commitments are one of the few types of cases still going during the coronavirus.” Amanda Marshall When Marshall and the other attorney in the county who accepts civil commitment cases proposed that hearings be moved to remote video, the presiding judge approved it the next day. However, Marshall must be in the same hospital room with the client during the hearing and use a lap- top to connect with the court’s video system. Marshall’s civil commitment clients haven’t committed a crime but are deemed to be both suffering from a behavioral health issue and a danger to themselves or others. She doesn’t believe hearings held by phone are sufficient to protect their constitutional rights, so she says she’s willing to risk her health to be with the client in person. A doctor also is usually present in the hospital room, “so the more people you get in a room, the harder it is to keep social distancing,” she acknowledges. Marshall admits she “thought really hard about” the personal health risks, but resigned herself to them. “I definitely agonized over whether I wanted to offer and to do video in hospitals,” she says, “but I felt no other way to do it would be fair to clients. Civil commitments are my passion.” n

Cliff Collins is a Portland-area freelance writer. Reach him at [email protected].

30 OREGON STATE BAR BULLETIN • JUNE 2020 At the end of your work period, count up how many Pomodoros you’ve completed and congratulate yourself!

NAVIGATING Q: I feel so frustrated trying to work remotely while also being a responsible parent at home with the THE PANDEMIC challenges of young, active children. I need some suggestions. OAAP, PLF Offer Tips for OAAP Attorney Counselor Kyra Hazilla: These are unprecedented and anxiety-pro- Working from Home voking times in so many ways, especially for children who thrive with certainty, structure and well-regulated caregivers ― not to By Sheila Blackford and Douglas Querin mention the crushing weight of taking on the responsibility for our children’s schooling while trying to work from home. It is unreasonable to expect our children or our- rofessional Liability Fund practice management attorneys selves to be able to focus on and attorney counselors with the Oregon Attorney Assis- anything like we were able tance Program have been hearing from many Oregon law- to before our lives were yers during the COVID-19 pandemic. P upended. Here are some Here are five frequent questions we’ve been asked, along with thoughts and suggestions we some of the answers, suggestions and resources we have provided as might keep in mind: part of the PLF’s Risk Management Services: • The most important thing to offer our children Q: I’ve worked remotely before, but now I find myself flitting from one and ourselves right now is gentle thing to another and accomplishing very little. How can I get my focus back? understanding whenever we can OAAP Attorney Counselor Karen Neri: Our ability to stay focused often depends on how summon it. many things are competing for our attention. Here are some suggestions you might try: • When our children are at each • Minimize distractions by finding a quiet work space and setting firm boundaries other’s throats, melting down at about when and why you can be interrupted. the suggestion of schoolwork and spending WAY too much time on a • Follow a written/printed work schedule that resembles your pre-COVID-19 schedule. screen, remember that it all makes • Monitor your energy level. Do important tasks when your energy is greatest and perfect sense; it’s to be expected. take breaks when you are becoming fatigued. Schedule regular self-care breaks. • When you don’t have any patience • Discuss with friends/colleagues how they stay focused. for the kids’ shenanigans, find your- • Realize that most of us have anxiety and fear and struggle with staying focused dur- self yelling a lot more, have less tol- ing times of uncertainty. Save time for self-compassion, helping others and seeking erance for your spouse/partner and support from those whom you trust. And don’t isolate! can’t concentrate on writing anything for more than five minutes at • For more tips, see dreamhost.com/blog/how-to-stay-focused-working-from-home. a time on a good day, join the club; PLF Practice Management Attorney Sheila Blackford: There is no one-size-fits-all solu- these are totally normal responses tion to helping you manage your focus. Search for “tips for staying focused” in your web and most of us feel the same. browser’s search box and see what works for you. One of my favorite is the Pomodoro • Google “working from home with Technique, which has five simple steps: kids” ― there are 4.7 billion re- • Choose a task. turns, most within the past month. Accept that this is hard and that • Set a timer for 25 minutes, during which you will work only on this task without most of us are learning as we go. interrupting yourself. Even more important than establishing • When the Pomodoro alarm rings, put a checkmark down. a routine is being as gentle as we can with • Take a short break of five to 10 minutes. ourselves and each other. We are going to • After completing four Pomodoros, take a longer break of 20 to 30 minutes to get through this! For more on helping chil- do something to recharge yourself, such as meditating, going for a walk or dren with intense emotions, visit tinyurl. anything else that’s not work-related. com/LovingSpaceForKidsEmotions. Stock.com/BlackJack3D and RichLegg Stock.com/BlackJack3D JUNE 2020 • OREGON STATE BAR BULLETIN 31 Blackford: First, have compassion for yourself, for services exposed some security and privacy shortcomings. as this is an especially difficult time for parents of The problems are primarily of two types: young people. And of course, you already have • “Zoombombing” ― unwanted access to and disruption of compassion for your little ones, who are missing Zoom meetings by uninvited guests. Zoom responded by classmates and preschool nursery rhymes. updating its users’ default settings; this along with hosts be- When my daughter was young and I was ing careful when setting up meetings (e.g., use the “waiting working at home, we set a timer for a 30-minute room” option) now makes unwanted access much less likely Sheila Blackford shared work period and then we’d take a “Raffi to happen. Break.” Raffi singing “Baby Beluga” is guaran- • Safety and security of data transmitted over the internet. teed to put a smile on the face of anyone sharing work space with Zoom has reportedly also been responsive here with en- their little ones. Happily, I’ve discovered that Raffi continues to be a hanced encryption protocols, offering increased protection rock star for preschoolers and their parents on YouTube; check out of user data. tinyurl.com/RaffiBreak. For more information about Zoom and other video-conferenc- Q: Working from home makes me feel like I’m becoming a ing options, see: 24/7 attorney. How can I keep my home a sanctuary where • Zoom Hits Milestone ― tinyurl.com/ZoomHitsMilestone. I can recharge myself at the end of a busy day? • Zoom Is Safe For Lawyers (If You Use It Right) ― OAAP Assistant Director Shari Pearlman: For many of us, our agileattorney.com/zoom. home is a place of safety and relaxation, a sanctuary where our time • Video Conferencing: You Have Options ― tinyurl.com/ is ours to spend as we please ― to relax, find peace, unwind. It isnot YouHaveVideoOptions. typically our workplace. But as those lawyers who generally work in Blackford: You might try Cisco’s Webex for more secure video con- an office have found during this time of sheltering at home, main- ferencing ― secure enough that the HIPAA-conscious health care taining a discrete separation between work and home can be very industry is embracing it (see tinyurl.com/CiscoWebexHealthcare). challenging. Here are a few ideas to help you preserve the sanctuary of your home and avoid getting burned out: The usage stats for Webex are impressive: For the first 11 days in March, there were 5.5 billion meeting minutes happening on • Create a work routine and a designated work space, with set the platform. On March 17, there were 3.2 million multi-individual hours and breaks. meetings happening worldwide. Take a look at the free video-con- • If your work space doubles as a kitchen table, for example, ferencing option, which offers video-first, screen sharing and inte- shut down at the end of the day and allow the table to return grated audio that you can run from the Cisco Webex Meeting app as part of your sanctuary. for your phone. • Follow healthy non-work routines before and after work ― If you’re looking for a secure collaboration aka self-care. platform for keeping your team operating on • Seek the assistance of others in your household to support the same page, take a look at Quip (see quip. your efforts to create these separate routines. com/work-from-home), it combines documents, For additional tips, see: spreadsheets and chat so that teams can work • Turn Your Home Into a Healing Space ― tinyurl.com/ together effectively and securely. Quip is sup- AHealingSpace. porting folks working from home by making the program available free for unlimited users • Remaking Your Space ― tinyurl.com/RemakingYourSpace. Douglas Querin and storage. • Avoiding Burnout ― tinyurl.com/AvoidCOVIDBurnout. Blackford: Often, the most important sanctuary we have is our bed- Q: What have you noticed about those lawyers who seem to be coping relatively well, despite working room. Don’t turn your bedroom into your work-from-home work- remotely and dealing with the anxieties and fears many space. A close second is your dining room table, where you should of us face today? be nurturing your body with healthy food. OAAP Attorney Counselor Douglas Querin: Everyone is dealing If there are two workers vying for office space, coordinate phone differently, and in their own way, with today’s challenges. There are, calls and video conferences so that you don’t feel like your home has however, some common behaviors that seem to be most helpful: been turned into a noisy telemarketer’s call center. And keep your sense of humor, because laughter really does help make this time • Connection! Those lawyers who stay connected with less stressful. trusted others on a regular basis ― people they can talk openly with about how they are coping, feeling and expe- Q: I’ve tried Zoom’s video-conferencing platform and riencing today’s challenges ― report doing much better generally like it for communicating with clients and than those who don’t. Lawyers who reach out to help others colleagues, but I’ve heard it has some security flaws. also report feeling better from the experience; sometimes, What can you tell me? this may be just a friendly call to check in. (OAAP’s remote OAAP Attorney Counselor Bryan Welch: You are right to have recovery meetings, which are being offered three times a some concerns. Zoom admits that recent overwhelming demand week, have seen an attendance increase of 20-30 percent

32 OREGON STATE BAR BULLETIN • JUNE 2020 during the pandemic. These participants understand the value of connection. See oaap.org for details) • Keep structure and routine. Those who maintain regularity and consistency similar to their pre-COVID life report coping relatively well. • Other helpful behaviors: maintaining regular self-care; feeling gratitude for what we do have; being abstinent or moderate in alcohol/drug use; and watching/reading less news. For more ideas, check out the OAAP blog on “Thriving Today” at oaap.org/thriving-today. You’ll also find OAAP well-being tools at tinyurl.com/OAAPToolsThatWork. Blackford: Here a few tips lawyers have shared with me: • Become a walking Zoomer. Take advantage of the Zoom app on your mobile phone and get mobile. It will make a daily walking goal of 10,000 steps more achievable. • Get dressed for work. You can always change back into your sweats for your mid-day or after-work workout. • If you’ve always intended to meet up with a colleague for a coffee break, now is the time to begin arranging a virtual one. • After accomplishing a big task or being on a long video-conference work meeting, reward yourself. Put on sunglasses, grab your Kindle and your lawn chair and head outside for some restoration. n

All questions are treated confidentially by OAAP Assistant Direc- tor Shari Pearlman and Attorney Counselors Douglas Querin, Bryan Welch, Karen Neri and Kyra Hazilla (visit oaap.org), and by PLF Practice Management Attorneys Sheila Blackford, Hong Dao and Rachel Edwards (go to osbplf.org).

Resources

• For recommendations and advice of public health experts, visit the Oregon Health Authority website at tinyurl.com/OHAUpdates. • For the latest information about how the coronavirus and COVID-19 are impacting the practice of law in Or- egon, go to osbar.org/_docs/resources/COVID19.pdf. • For updates and information directly from the Oregon Judicial Department, go to courts.oregon.gov/Pages/ default.aspx. • For the latest information regarding federal courts in Oregon, go to tinyurl.com/DistrictCourtCovid19. • For information on online recovery meetings and other programs designed to help lawyers, judges and law students dealing with stress, anxiety or depression, visit the Oregon Attorney Assistance Program at oaap.org. • The OSB Professional Liability Fund is also offering resources online, including inPractice blog articles on staying the course during the COVID-19 pandemic and tips for working and meeting during a time of social distancing. Find them at osbplf.org/inpractice.

JUNE 2020 • OREGON STATE BAR BULLETIN 33 LEGAL PRACTICE TIPS

Focus on These Five Areas Right Now

Negotiating During a Pandemic By Danny Newman

ation of interests is the key to resolving Try to Head Off litigation matters and benefits all involved. COVID-Related Litigation In this charged, coronavirus-influenced Much ink already has been spilled dis- environment, honest communication and cussing the potential onslaught of COVID- reevaluation of interests is imperative and 19-related litigation once society stabilizes potentially highly productive. in the employment, business tort and con- For pending litigation, clients and tract dispute spaces, especially related to counsel should have honest discussions insurance coverage or force majeure and about how COVID-19 ― both its economic material adverse change. Those matters are and societal impacts ― may have changed likely to be turbocharged with emotion and clients’ interests and, ultimately, their strat- strong language, and once they get started, egy for the litigation. Once client and coun- they may be hard to contain. sel are on the same page, counsel should Rather than simply adhering to old hab- contact counterparties to explore a settle- its and the instinct to fight fire with fire, cli- ment that might comport with the client’s ents and counsel inclined to take hardline updated interests and priorities. stances and leverage litigation should take a To make those conversations more deep breath, evaluate interests honestly and

Bulletin Flie Photo Bulletin Flie productive, counsel should prepare open- seek out resolutions early ― before a case Danny Newman ended questions to flush out the oppos- is even filed ― if that is what their interests ing parties’ interests in this new landscape dictate. OVID-19 has, at least temporarily, and help determine if there is an avenue While these lawsuits and protracted liti- changed both the practice of law for amicable and mutually beneficial reso- gation may have been preferable in pre-CO- Cand clients’ businesses. Negotiation lution that may not have been feasible be- VID-19 circumstances, the truth is no one strategies must adapt as well. fore COVID-19. Counsel should also be knows how courts or juries will react to cas- For potential and pending litigation, prepared to reveal their client’s interests es based on COVID-19 excuses or dangers. now is a good time for parties to analyze or to demonstrate accessibility and hopefully Certainly, courts have less time or patience reanalyze their own interests and reach out gain reciprocal information. for avoidable disputes while they are deal- to counterparties to determine if there are Priorities have likely changed for both ing with the criminal law challenges posed any new pathways to negotiate a resolution. parties, perhaps dramatically. Maybe one by COVID-19. And juries may have little Here are five areas to explore right now: side had earmarked money to pursue a sympathy for businesses who illegally fired • Pending business litigation; claim but now must use those funds for employees, or they may end up sympa- more immediate needs, which means that thizing with business owners who were in • Potential for heading off an side is much more open to quickly resolving triage mode. onslaught of COVID-19-related the pending dispute. Maybe the other party After thinking these issues through litigation; values an immediate cash infusion to help thoroughly, it seems likely that most will • Debtor-creditor issues, including pay rent or cover employee cost over the want to avoid the risks and spotlight asso- those for landlords and tenants; potentially larger future payout for which ciated with COVID-19 cases, and strategy • Virtual mediation; and they had originally been holding out. May- should adjust accordingly. • Some tips for all negotiations be both parties are concerned that the other This is not a license for plaintiffs’ law- during these challenging times. will soon file for bankruptcy and be unable yers to file endless lawsuits and extract to pay on any judgment. settlements. If pushed, deep-pocketed de- Pending Litigation Objectives And maybe parties simply have more fendants will have levers to pull to avoid May Have Changed important, life-or-death, sink-or-swim con- being taken advantage of. What may appear Even under the best of circumstances, cerns dominating their lives such that reso- to be easy money by filing these cases on open communication and detailed evalu- lution and harmony is preferable to conflict. the front end could certainly backfire once

34 OREGON STATE BAR BULLETIN • JUNE 2020 a few bad cases get publicity. And lawyers should want to avoid being seen as manipu- lating this devastating situation ― long- term reputation has more value than a few quick bucks. Debtors, Tenants Should Be Proactive For debtors concerned about or threat- ened with collection or foreclosure litigation, proactive communication about cash flow and current business conditions is more likely than ever to be received posi- tively by creditors. Creditors are largely demonstrating unprecedented patience during this crisis, and are significantly more likely to agree to forbearance or other creative solutions if the debtor is open and honest rather than attempting to hide from their problems. The same goes for commercial tenants in dealing with their landlords. Debtors and tenants should start a dialogue as early as possible, even before missing any payments or breaching covenants, to get ahead of the issue and preserve goodwill. The initial communication should explain clearly why it is in the creditor’s interest to delay collection or eviction efforts, including presenting realistic options for future payment to cover the balance using a newly developed business plan that takes into ac- count the pandemic-ravaged economy. For example, restaurants and bars that were performing well before the pandemic ― and who may see roaring demand for their services once the stay-at-home orders are lifted ― should consider reminding landlords that their premises are better off filled with a business that will generate revenue in two months than an empty space needing to be filled in an economically uncertain time. And for creditors and landlords who have heard nothing from delinquent debtors, communicating a reservation of rights and a willingness to work collaboratively on a solution could greatly diminish the debt- or’s stress and improve the likelihood that both parties will emerge from the pandemic closer to whole. Don’t Wait for Mediation If the parties were banking on a scheduled mediation (or normally would ask for one early in a filed case) to leverage a third- party’s creative ideas to help resolve a conflict or to put their chips on the table, they may want to revisit that strategy.

JUNE 2020 • OREGON STATE BAR BULLETIN 35 Long-distance mediations are often un- satisfying, even clumsy, given the need to confer separately with the parties and for technology to work without glitches. Now is the time to be proactive, do your own internal analysis and then discuss options directly with the other party. Tips for Renewed Negotiations It has never been more important to analyze interests and avoid getting stuck in positions while negotiating than during this pandemic. The world needs solutions; not stubborn posturing. One positive I’m notic- ing is a renewed sense of civility, respect and understanding. Take advantage of lowered tensions, hear people out and see if they are willing to negotiate. Something that may have been a nonstarter months ago may be entertained today. Having open conversations can potentially break impasses that both parties previously considered carved in stone. Here are some tips for negotiating during the pandemic: • Understand your interests. Law- yers and clients may need to reas- sess their interests, asking: What do I really want? Why do I want that? What is important to me, my family and my business now? What is my new/altered risk tolerance? • Ask the other party about their interests. Share your own underlying interests and any ways those interests have changed, and ask counterparties to do the same ― you may be able to bring new value to everyone. • Build connection. Share how the pandemic has impacted you both personally and professionally. Ask the other party the same ― and listen carefully. At the least, opening the line of communication creates a human connection from which both parties benefit. And likely, the touch of honesty eases the tension and stokes an environment where a mutually beneficial agreement is possible. • Be collaborative. Maintaining a win-win mindset, rather than a win- lose approach, lessens the need for third-party mediators or courtroom battles. Strive to expand the pie so all parties see benefit.

36 OREGON STATE BAR BULLETIN • JUNE 2020 • Have patience: People have a lot going on in their lives in these tu- multuous times. If their email seems short or they take their time getting back to you, don’t jump to potentially inaccurate conclusions. Give them the benefit of the doubt. n

Danny Newman is an attorney in Tonkon Torp’s litigation department and bankruptcy & creditor rights practice group. Newman is also a trained negotiator and previously taught a negotiations seminar as an adjunct professor at Gonzaga University School of Law — while he was clerking on the United States Court of Appeals for the Ninth Circuit — and at South Texas College of Law Hous- ton while he was an associate at a global law firm. He works on all types of bankruptcy and litigation matters, helping his clients achieve their goals and meet their interests through negotiation or litigation.

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The Bulletin is always on the lookout for quality manuscripts for publication on these pages. We publish articles on a wide variety of subjects and favor such topics as access to justice, legal funding, judicial independence, diversity in the profession, professionalism and future trends. We also publish columns on ethics, practice tips (in specific areas of law), law practice management and legal history, as well as essays on law and life. The editorial staff welcomes inquiries and is happy to discuss requirements for publication. If you have a manuscript, suggestion or idea, contact Editor Gary M. Stein at (503) 431-6391. He can also be reached by email at [email protected].

JUNE 2020 • OREGON STATE BAR BULLETIN 37 LAW & LIFE

Humanitarian Effort Proves ‘Profoundly Rewarding’

To Russia with Hope By Hon. Daniel L. Harris

n the fall of 2017, my wife Susan and I accepted an invitation to join a team of legal volunteers for 18 months in Moscow to assist with humanitarian activitiesI and a variety of legal projects in Russia and other countries in the region. We had been looking for an opportunity to travel to a place in the world where we could work as volunteers to address basic human needs in a way that drew upon our life experience ― Susan as a long-time paralegal and nonprofit manager, and I as a retired judge and mediator. We were also hoping to find an opportunity to build professional and cultural bridges between our world and the people with whom we worked. We found that opportunity in the countries of the former Soviet Union, and the experience was transformative. We returned home this past summer with a love and appreciation for the people and cultures of the countries we worked in, and an enhanced respect for the freedoms and institutions that support our way of life in America. We also now have a clearer understanding of the comparative institu- tional strength and independence of the American legal system. Discovering Moscow Our experience started on a cold and dark winter afternoon in Russia, when we landed at Moscow’s Sheremetyevo Interna- tional Airport in the midst of a frozen fog that would continue for the entire month.1 Within hours of our arrival, we were intro- duced to Red Square ― Moscow’s cobble- stoned city center surrounded by grand Daniel and Susan Harris stop for a photo in Red Square on the cold and dark winter day when they monuments, the Kremlin Palace and gov- arrived in Russia for an 18-month humanitarian mission. ernment buildings, the onion domes of St. Basil’s Cathedral and the massive shopping for us to observe that the Russian people through the darkness and across the ice- mall known as the G.U.M. were not fazed in the least by the weather or covered walkways. So, we promptly pur- We were initially taken aback by the lack of light ― they went about their busi- chased Russian winter coats and gear, and cold and darkness, but it didn’t take long ness dressed warmly, walking confidently began an effort to fit in.

38 OREGON STATE BAR BULLETIN • JUNE 2020 The Kremlin rises above the Moskva River in Moscow on a cold, dark winter night. Daniel and Susan Harris discovered Moscow to be “a vast and fascinating place, full of rich cultural offerings, immense parks, historical squares and monuments, and huge shopping malls.”

In time, we came to understand how of the continental United States and cov- by walking an average of five miles each day. best to interact with the Russian people. ers 11 time zones; Moscow is the largest At the office, we worked primarily on hu- First and foremost, Russians are not super- city in Europe, with more than 17 million manitarian projects throughout the region ficial; they approach work, school, play and people living in a 2,200-square-mile met- on behalf of Latter-day Saint Charities.2 relationships very earnestly, and we soon ropolitan area ― more than 15 times the This involved providing assistance with the learned that making eye contact is not re- size of Portland. legal requirements associated with launch- ceived as a friendly gesture. We Americans Surprisingly for a city of that size, Mos- ing and maintaining hundreds of humani- also like to greet each other with a “How cow was remarkably easy to navigate by us- tarian projects in 14 different countries.3 ya doin’?” But when you do that in Russia ing the very affordable Metro subway sys- We worked directly with local law- (using the Russian phrase, “Kak dela”), you tem, buses and taxis. Fortunately for us, we yers in our effort to assist volunteers, who need to be prepared to spend some time arrived six months before Russia hosted the were tasked with coordinating these proj- hearing about how they are actually doing. World Cup; in preparation for the event, ects with local and national governmen- Many Russians can initially come across English-language translation was added tal officials, non-governmental organiza- as brusque and impersonal, but once we below the Cyrillic title in many parts of tions (American Red Cross, Red Crescent, broke through the hard exterior, we found the Metro. AFAD, USAID, the UN Refugee Agency, the Russian people, by and large, to be When we did get lost, we found most UNICEF, Catholic Relief Services and the warm and generous. One of the many Dimi- Muscovites to be anxious to help us find our Adventist Development and Relief Agency) trys we worked with told us: “Russians are way. We learned to look to those under the and material suppliers in the region. We de- like oranges: tough on the outside, soft and age of 35, who had a working knowledge veloped, reviewed and negotiated contracts sweet on the inside.” We found this to be of English and a natural curiosity of every- and addressed the legal requirements for a entirely true, and over time developed thing American. We learned to turn to Rus- wide variety of projects, which included: many close friendships. sian millennials for directions we could un- • Constructing water lines and We discovered Moscow to be a vast derstand, and for opportunities to converse systems to bring potable water and fascinating place, full of rich cul- about our way of life and learn more about to small villages in Armenia and tural offerings, immense parks, historical their culture. Georgia; squares and monuments, and huge shopping malls. Indeed, everything seemed big Doing Humanitarian Work • Building and furnishing orphan- in a city and country that doesn’t want for We traveled to an office in Moscow ages and senior facilities in Russia, space. Russia is more than twice the size every morning, using the Metro, a bus and Belarus and Ukraine;

JUNE 2020 • OREGON STATE BAR BULLETIN 39 • Providing neonatal training and equipment to local doctors and staff in many countries in the region; • Assisting with eye care and glasses in Moldova, Ukraine, Belarus and Georgia; • Supplying generators to areas with unreliable access to electricity in Turkey; • Providing wheelchairs and support to the immobile in seven different countries; • Supplying medical equipment to many hospitals; • Offering occupational training and opportunities for people living with mental and physical challenges in Kazakhstan and Kyrgyzstan; and • Supporting projects designed to assist people in the region with basic human needs, including food, clothing and shelter. One such project involved sending mobile bakeries into eastern Ukraine to provide essential baked goods to people displaced by the Russian- Ukrainian conflict. These projects were prioritized and exe- cuted to provide necessary assistance while helping each of the recipients to develop personal and organizational self-reliance. Dealing with Obstacles Of course, we arrived in Moscow during a time when relations between Russia and the U. S. were in sharp decline. As a result, we faced some significant obstacles in our efforts to address the ocean of human needs in the region. Since March 2014, the U. S. and West- ern European countries have imposed nu- Flowers fill the beautiful gardens outside the Kremlin in springtime. merous and significant sanctions on Rus- sia after it refused to acknowledge serious During our stay, many of the friends systems whose administrators expected to violations of international laws and norms, we made at the U. S. Embassy in Moscow receive a cut of the funds passing hands in including the annexation of the Crimean had to return home on short notice. It was exchange for timely approval. For this rea- Peninsula, the encouragement of military not the best time for an American to be son, we included in every contract the re- incursions into Eastern Ukraine and other working as a volunteer in Russia, especially quirement that all parties would be bound events of extra-legal interference in other when we were offering to help the Russian by the provisions of the Foreign Corrupt countries. These sanctions have had a sig- people and institutions address their hu- Practices Act (FCPA), which prohibits U.S. nificant negative impact on the Russian manitarian shortcomings. For that reason, citizens from bribing foreign government economy4, but the Russian government our humanitarian work became more con- officials to benefit their business interests. maintains that it has a right to do what it is doing for the protection and security of centrated in neighboring countries where We always went through the front door its people. Many Russian citizens feel the we were more welcome. and insisted that we strictly follow the legal same way, and resent the interference from Throughout the region, we were faced standards applicable to the project approval the West. with the reality that we had to work within we were seeking. In many cases, projects

40 OREGON STATE BAR BULLETIN • JUNE 2020 Daniel and Susan Harris developed, reviewed and negotiated contracts and addressed the legal Statues of Vladimir Lenin can be found just requirements for a wide variety of projects, including one to construct water lines and systems to about everywhere in Russia. So can security bring potable water to small villages in Armenia and Georgia. cameras and personnel, and Daniel and Susan Harris say “it became clear early on that the freedoms we enjoyed back home were rigorously controlled.”

business in their country. The project approval standards ran the gamut ― from Es- tonia and the Baltic countries in the north to Turkey and the five “stans” in the south. But Russia dominates the region in all ways, and for that reason, we were compelled to address an increased level of restrictions imposed on foreign nationals by the Rus- sian government.5 (As a result of those Russian directives, many foreign-based humanitarian and religious organizations have been forced to leave Russia and some neighboring coun- Subway riders pour in and out of Moscow’s Metro, which carries more people each day than the tries altogether. Those organizations who London and Paris subways combined. have elected to stay, including our own, are facing significant challenges to their ability would be rejected or delayed because we cultural guide in our effort to identify and to function in the region.) would not agree to pay officials’ financial secure appropriate humanitarian projects. Finally, a word on the challenges we demands. In other cases, though ― and This presented unique legal and cultural faced while living in a security state. Rus- over the long run ― we gained stature and challenges in each country as we adapted to sians value security, as do many of the credibility with governments and local or- cultural norms and developed written inde- countries in the region. Millions of secu- ganizations by adhering to these standards. pendent contractor agreements from verbal rity personnel are employed in Russia to Because most of our volunteers did not understandings. watch over all aspects of Russian life. Se- speak the native language or understand lo- We also discovered that each country curity cameras are everywhere, and it be- cal customs, we had to rely almost entirely has its own unique standards relating to the came clear early on that the freedoms we on local translators to serve as our voice and activities of foreign nationals conducting enjoyed back home (such as the freedom of

JUNE 2020 • OREGON STATE BAR BULLETIN 41 assembly, of movement and of expression) were rigorously controlled. To escape this reality, we would often go for long walks in the park, where we could move and converse freely.6 And every time we flew out of the country, we always felt the lifting of this psychological burden. Trying to Reach Out Notwithstanding some of the barriers to meaningful exchange we encountered, we developed and enjoyed close working relationships with many lawyers in the region. These lawyers took great pride in their ability to help us navigate through their respective legal and political systems and exhibited a high level of professionalism. With few exceptions, they were honest, straightforward, competent and a plea- sure to work with. It was very much like conducting legal business in the U. S., just with different languages and customs and while working within very different legal and political systems. We went to Russia hoping that we could build meaningful bridges with the legal With the help of new friend and guide Boris, Daniel and Susan Harris spent as much time as possible community (judges, lawyers, law school exploring the history and culture of the countries where they worked as legal volunteers. professors), but our aspirations were blunt- ed somewhat by the reality that tensions Finding Limitations only been granted to the Russian Ortho- continued to grow between our two coun- to the Rule of Law dox Church; it became an issue when lo- tries during our time there. For example, a cal governments started evicting religious retired federal judge, who had developed Our experience in the region reminded us how difficult it is to maintain a judicial groups from places of worship because good relationships with members of the they were not located in a religious activi- Russian Supreme Court, invited me to join system that dispenses fair and equal justice. In most of the countries we worked in, ties zone. It remains to be seen how local him in an effort to help rekindle court-di- jurisdictions will respond to this ruling. rected mediation programs adopted by the government officials ― including judges In Ukraine, we were successful recent- Duma during the Medvedev administration ― were ultimately controlled by political ly in obtaining a ruling from that country’s in 2010-11. However, as this new initiative and economic forces that prevented them Supreme Court, overturning the City of was taking shape in 2018, we were advised from acting independently to enforce the Kiev’s arbitrary confiscation of land and that the timing was bad and that it would country’s legal standards. denial of a permit to build a place of wor- have to take place after relations between We regularly received arbitrary and in- ship. We were pleased when the city fully our two countries improved. consistent decisions from judges and gov- recognized the high court’s ruling and be- ernmental officials that were based on the At one point, I approached two law gan processing the construction applica- directives they were receiving from politi- schools in Moscow with an invitation to of- tion. This decision by the court, and the cal functionaries.7 In some cases, the judg- fer a lecture on the American justice system. city’s prompt recognition of the ruling, are es would candidly tell us in private that Professors at the law school received this among many indicators that reforms to the their hands were tied. In such an environ- offer with enthusiasm, before being told by judicial system, instituted after the Maidan ment, we worked very hard to enforce the administrators that it was not a good idea to revolution of 2014, are helping to trans- legal standards established in each country invite an American judge to visit. form the country’s legal culture. And I even met with two international and did achieve some notable successes. law firms in Moscow to discuss developing We received favorable rulings from the Offering Help to a World in Need an organization where Russian and inter- Constitutional Court of the Russian Fed- This experience was for us an oppor- national lawyers and judges could meet to eration relating to private property rights tunity to use our life experience to make a share common goals, ideals and best prac- and religious freedoms. In February, for difference in the lives of those who, by the tices ― similar to the tradition of the Inns example, the court approved the right of circumstance of their birth, live in a region of Court movement. Again, the consensus religious organizations to conduct wor- of the globe where their basic human needs was that given the present political climate, ship services in administratively zoned cannot be provided for. We witnessed not it was not a good time to promote this kind buildings. This was important because reli- only a poverty of material support but also of professional exchange. gious zoning designations had historically a poverty of hope, as many people simply

42 OREGON STATE BAR BULLETIN • JUNE 2020 could not realistically expect that their ADR in Oregon conditions would ever improve. Chapters now available as individual eBooks Our reward was to witness the look of hope and genuine gratitude on the faces Methods of resolving legal matters range far and in the hearts of those we were able to beyond litigation. The specific information you help through projects aimed at bringing need is now only a download away. Our individual tangible relief to vulnerable circumstances. eBooks provide mediation and arbitration basics, as We learned that opportunities abound for well as topical subjects ranging from ADR in Family American lawyers to use their legal skills Law to Online Dispute Resolution. Purchase the and financial resources to reach out and topic you need for immediate download. View the assist a world in need. full collection at www.osbar.org/publications. The rewards are profound, and the memories lasting. n

Hon. Daniel L. Harris is a retired circuit court judge and full-time mediator. Reach him online at harrismediator.com.

ENDNOTES 1. The headline of a January 2018 article in the New York Times reads, “Moscow got 6 minutes of sunlight in December.” See nytimes. com/2018/01/17/world/europe/moscow- darkness-sunlight.html 2. Latter-day Saint Charities is the humanitarian arm of the Church of Jesus Christ of Latter- day Saints. In 2019, the organization worked on 3,221 projects in 142 countries, with more than 2,000 partner organizations. See latterdaysaintcharities.org/ 3. Those countries included Russia, Ukraine, Georgia, Armenia, Turkey, Bulgaria, Belarus, Moldova, Estonia, Latvia, Lithuania, Kazakh- stan, Kyrgyzstan and Tajikistan. 4. Since 2014, Western countries have announced more than 90 sanction events placing restrictions on thousands of goods, assets and services. See rferl.org/a/russia- sanctions-timeline/29477179.html 5. A series of restrictions on the activities of foreign nationals began in 2012, when the Russian government began requiring foreign-based organizations to register as “foreign agents.” Since that time, the Rus- sian government has led the way in the region to significantly restrict the activities of, and in many cases drive out, foreign-based humanitarian and religious organizations. 6. We adopted this practice after reading in Gorbachev: His Life and Times that Mikhail and Raisa Gorbachev would save their private conversations for after-work walks in the park. 7. The former Soviet republics of Estonia, Latvia and Lithuania are notable exceptions. These countries have succeeded in establishing secular, rule-of-law based forms of government which are closely aligned with the West. They are part of the European Union and are members of NATO. Ukraine aspires to the same status.

All photos courtesy of Hon. Daniel L. Harris

JUNE 2020 • OREGON STATE BAR BULLETIN 43 TECHNOLOGY & THE LAW

Effective Lawyer Marketing in the Digital Era

Making it Rain By Sharon D. Nelson, John W. Simek and Kimberly Haught

The Basics With all of the choices out there, it is im- At the very least, every lawyer and firm portant to find the right venues for you and should have a website and email address — your firm. Instagram is all about pictures, and not an AOL or Gmail address. These YouTube is all videos, LinkedIn is heavily days, you must have an email address with focused on professional connections, Twit- your own domain to appear credible to po- ter is lightning-speed news and information tential clients. sharing, while Facebook is all of the above. The website should look professional These are all great places for potential cli- (no cheesy clip art, no gavels or scales of ents to get a first glimpse, not to mention justice) and give clear information on who see reviews, read conversations and articles you are and what you do. It should also have you post, and get to know you. an easy way to contact you. There are tons However, whichever sites you choose, of options for website hosts these days that you must have a plan to stay active on those are affordable and user-friendly, so there re- accounts. Be sure to share your own materi- ally is no excuse for firms not to have one. al, but also interact with others by comment- While a website is a basic step, it is an ing, liking, sharing/retweeting and tagging. imperative one. Your website will serve as Having a page (or multiple pages) is great, your cornerstone in the digital world. It will but you must be an active participant for this either be the first thing potential clients will effort to be effective. So plan to dedicate a iStock.com/peshkov see as they search for a service online or it small portion of your day, perhaps 20 minutes will be where they come back to after seeing or so, to freshening your online presence. “We don’t believe in digital marketing. We something on social media. (See below.) Remember, though, that quality over quan- believe in marketing in a digital world.” Your website can make or break the tity is key. While posting more frequently transition from potential client to actual cli- can help to get your firm more “hits,” these ― Clive Sirkin, CMO of Kimberly Clark ent. If you don’t know about search engine hits don’t usually convert to leads or busi- optimization (SEO), you have two choices ness all that often. It’s the quality of a post nd a digital world it is. We live in ― hire someone who does, or invest a good or content that will take your efforts further a world where 3-year-olds have chunk of time to bring yourself up to speed. and convince people to share your work or their own tablets (and operate contact your firm. A Social Media them quite expertly, thank you very much) This also holds true for the number of and people can work on a project across The world of social media can be over- followers you have. It’s easy to be discour- the globe from their kitchen table in their whelming. There are so many different so- aged if you only have a few hundred fol- pajamas. cial media sites to choose from, and they all lowers while other firms or businesses have But while it is an exciting time, it is also have different layouts, themes, focuses, etc. thousands. But keep in mind, users can buy a very challenging time to reach people and But one commonality is that they are an es- followers or many of those followers could to stand out effectively in the crowd. sential tool for marketing in a digital world. be bots or inactive accounts. If you are hav- Understanding Sirkin’s quote is a great You as a lawyer and/or your firm (pref- ing great conversations and making new first step. The basics of marketing have not erably both) need to be on social media. contacts on your social media sites, then changed (networking, creating/maintain- You can make a personal and company you are doing quality work. ing client relationships, word of mouth, page on most social media sites, and it’s If you are a solo lawyer or small firm etc.), but the world in which we market highly recommended that you do so (if you worried about having the time to do this, has. It’s a fast-paced, ever-evolving digi- have not already). Your presence on these there are social media managers out there tal world, and lawyers must stay vigilant, sites will increase your digital footprint and like Hootsuite or Buffer. However, these educated, creative and honest to stay in allow for more opportunities for a potential are frowned upon by marketing experts the game. client to contact you and your firm. since these managers cannot customize

44 OREGON STATE BAR BULLETIN • JUNE 2020 posts for each platform. (They are not hu- they have apps. There are scheduling apps, Luckily, tracking is fairly easy these days, man.) These managers also cannot converse fitness apps, note-taking apps, communica- thanks to tools like Google Analytics. You with followers or share posts, which are im- tion apps, weather apps ― you get the idea. can track all the activity on your website: portant elements of a successful social me- The list is endless. Where did a user come from? Which page(s) dia presence. But for a lawyer in a pinch, Some law firms have created and cus- did they visit? How long did they stay? social media managers as a digital tool can tomized their own apps. Now that is a little Every social media site has an “Ana- be very helpful. extreme and beyond the financial reach of lytics” tab or section for you to view how Wait, did someone say digital tool? most small firms, but it gives you an idea of well posts performed, how many “likes” the possibilities. you received, how many new followers Digital Tools Just as with social media, you need to you gained, etc. And any ad you run online So you have your website and email, find the apps that work for you and your should have a report to access at the end of and you are on social media. Now what? All firm. Want to make your photos look nicer? your campaign. of these steps will help your organic reach Get a photo editor app. Need to organize So the how is easy, but the difficult part out in the digital world, but if you want to your contacts and leads better? Download is the doing. Lawyers must track these re- increase your reach and up your SEO, there an app for that. Just make sure the apps you sults to see what is working and what may are tools out there to help. want are made by reputable companies and need to be improved or stopped. Without The list of options is long, so here are just have good reviews before you download this critical step, all of your marketing ef- a few top contenders for you to consider. them. If you end up downloading an app forts are for naught because you are not First, videos are arguably the most that your phone or computer software then measuring you return on investment (ROI) popular form of content online right now. identifies as a “low reputation” app, unin- with respect to both money and time. While an adorable dog howling “I love you” stall it and look again! It’s also important to remember that may be what you are thinking of, lawyers Last but not least are online advertise- after trying something new, testing it out, can use videos too in order to set them- ments. The days of billboards and park bench tracking it and analyzing it, you may con- selves apart. signs are dwindling. Today, you can run ads clude that it did not work. That doesn’t mean the plan was a complete failure. In the legal world, where lawyers either win or Basic principles of marketing have not changed lose cases and have definitive lines of success versus failure, it’s easy to feel defeated much over the years, but the mediums have evolved when something does not work out exactly as you were hoping. But mistakes are learn- at dizzying rates. Come up with creative ways to ing tools; if the test didn’t work, move on and tweak it or try something new. stand out, stay safe and be authentic! “Rome wasn’t built in a day,” and nei- ther was any effective marketing strategy!

For instance, videos are a great way on Google, any social media venue, blogs, Human Connection to newsjack. Newsjacking is “the practice news sites, etc. You can customize these ads If there is one point you take away of taking advantage of current events or to target certain keyword searches or audi- from this article, let it be this: Humans news stories in such a way as to promote ence demographics. Facebook even has a need human connection. The most effec- or advertise one’s product or brand.” Many specific “lead generator” ad you can run. tive marketing strategies in the digital era times, news stories are lacking the legal per- Now, lawyers may see dollar signs when will involve strong human connections. In a spective of a situation, so if you can be the they hear the word “advertisement,” but world where everything is becoming more person to give it, you can attract great atten- online ads don’t necessarily have to be ex- and more automated and digital, these pri- tion. You could do this in blogs or articles as pensive. Of course, the more money you can mal connections will become increasingly well, but videos are a great way to get news spend on them, the better, but you can still important. out there quickly, and there are plenty of push out a great ad and not break the bank. So what does this mean for lawyers and online tools ― Facebook Live, Periscope It may take a little time to find the most marketing? beneficial venue and advertisement for your (Twitter), Instagram Stories, YouTube, Let people know why you are practicing firm, but your time will be well invested. etc. ― to help you create them. law. What drives you? Show your human Newsjacking is just one example of ef- Test, Track, Analyze side on social media ― do you have hob- fectively using videos, of course. How-to None of the above-mentioned tech- bies? Favorite recipes you can share? Are videos, newsletter videos, customer refer- niques or venues are worth anything unless you a member of charitable organizations? ences and short, concise interviews can be you test, track and analyze your marketing There are so many different ways you can beneficial as well. efforts. Testing, tracking and analyzing re- reach people and make connections by just Next, we’ve all heard the phrase “there’s sults is Marketing 101, and as we established being you. an app for that” and, well, it’s true. All of the at the beginning of this article, we still need Two caveats: first, be careful not to above-mentioned social media and video to implement basic marketing strategies ― overshare; let common sense guide what streaming options are themselves apps or we are just doing it in a digital era now. you reveal. And be honest. Do not push a

JUNE 2020 • OREGON STATE BAR BULLETIN 45 Have an Item for the Bulletin? persona that is not you because you think it is more marketable. You need to be able to The Bulletin welcomes short items about Oregon lawyers and law firms for the live up to the expectations you set online. Bar People pages of the magazine. Notices are published at no cost. That said, being someone’s lawyer is Email notices to: [email protected] both a professional and a personal relation- Submissions are subject to editing and published in the order received. ship, so why not give potential clients a The Bulletin publishes photographs (single headshots only) in “Moves” and preview of who they are hiring? And never “Among Ourselves” and “In Memoriam.” The fee is $20 for each photograph. forsake any connection, unless they prove The notice itself is free. Paid professional announcements are also available. problematic in some way. You may connect with someone who does not need a lawyer Inquire at advertising@osbar org. at the time, but that may change or they Questions? Call the Bulletin,(503) 431-6356 or (800) 452-8260, ext. 356. may end up recommending you to a friend who needs legal assistance. Jayson Gaignard, a Canadian entrepre- neur and networking specialist, said, “In today’s day and age, we are drowning in contacts, but we are starving for connection.” If you can build that bridge from contact to connection, you will foster and maintain very meaningful and beneficial relationships for you and your practice. What Works for Us? As stated previously, finding what marketing efforts work for your law practice will take some trial and error. We have been at this a while now, and while we are not a law firm, our findings and best practices could be beneficial to lawyers and law firms. One of our most popular marketing and networking items is Sensei Sherlock. He is a stuffed Scooby Doo (dressed as Sherlock Holmes) that we take with us when we give presentations or travel for work. We take pictures of him at various events and with various people. Then we post these pictures on our social media accounts and on our website. We make sure to tag the person/people in the photo and/ or link to their company/firm. We have had great networking and human connection successes from this! People eagerly request to have their picture taken with him now. Other popular social media posts involve eye-catching photos or headlines, happenings around our office (employee promotion, decorating contests, etc.) and funny technology-themed comics. We also see greater reach and engagement numbers when our employees (particularly our president) share posts from our company page to their personal pages. This is extremely helpful, especially if you have an employee with a large number of followers ― the more eyes on posts, the better! Sensei also produces blog posts, pod- casts and articles (like this one) that aid in our marketing efforts. These help in getting

46 OREGON STATE BAR BULLETIN • JUNE 2020 Share BarBooks™ our name out there and often lead to contacts from the media or prospective clients. with your legal staff Share this active member benefit We push these out on social media as well with your legal assistants, summer and tag or link to whomever we can. People associates, paralegals and other are very grateful to see themselves tagged, support staff. Staff subscriptions are linked to, etc. As you can see, everything we $50 per year. Visit the OSB Legal do goes on social media. Publications web page for forms While we have experienced positive re- and more information: turns on most of our efforts, not everything is a success. We are constantly tracking and www.osbar.org/legalpubs experimenting with changing features or new ideas. Something may work for a while and then suddenly not work, so we have to stay alert and be ready to switch directions if needed. A Word of Warning We would be amiss not to warn lawyers of the possible perils of a large digital footprint. The more information you put out on the internet, the more susceptible you are to cybercriminals doing their best to steal your data (among other things). In this case, make sure you use well- reviewed, secure apps, don’t overshare on social media and give out only work contact information. Be sure to take steps to keep yourself, your firm and your clients safe online. In conclusion, the basic principles of marketing have not changed much over the years, but the mediums have evolved at dizzying rates. Do your best to keep up with the changes, educate yourself, come up with creative ways to stand out, stay safe and be authentic. There is definitely a pot of gold at the end of the marketing rainbow. n

Sharon D. Nelson, John W. Simek and Kim- berly Haught are the president, vice president and assistant director of business development of Sensei Enterprises, Inc., a legal technology, cybersecurity and digital forensics firm based in Fairfax, Virginia. Reach them at (703) 359-0700 or www.senseient.com.

JUNE 2020 • OREGON STATE BAR BULLETIN 47 BAR NEWS

Filing Deadline for Four BOG Seats Extended to June 19 The filing deadline for candidates hoping to fill one of four open seats on the OSB Board of Governors has been extended to 5 p.m. on Friday, June 19. The four board positions open to active bar members include one in Region 1 (Baker, Crook, Deschutes, Gilliam, Grant, Harney, Hood River, Jefferson, Lake, Mal- heur, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco and Wheeler counties); one in Region 3 (Coos, Curry, Douglas, Jackson, Josephine and Klamath counties); one in Region 4 (Clatsop, Columbia, Lincoln, Tillamook, Washington and Yam- hill counties); and one in Region 5 (Mult- nomah County). The board consists of 15 active bar members elected from eight regions, four public members appointed by the board and the non-voting position of immediate past president. Board terms are for four years; the new members will begin their terms on Jan. 1, 2021. For more information or to print a copy of the candidate statement, go to osbar. org, hover over “Member Groups” in the top green banner and select “BOG Home” under the “Board of Governors” heading. Questions? Contact Danielle Edwards at [email protected] or (503) 620-0222, ext. 426. 100 Applicants Pass February Bar Exam Sixty percent of the 168 applicants who sat for the February 2020 Oregon bar exam received passing marks, according to official results released in mid-April. Of the 100 people who passed, 65 were taking the test for the first time; 35 were repeat applicants. Passage of the Oregon bar exam is only one of the requirements necessary for admission to practice law in Oregon, and applicants may not practice in the state until they are sworn in as a member of the Or- egon State Bar. This year’s in-person admissions ceremony was canceled by the state Supreme Court because of the COVID-19 pandemic, but a virtual ceremony was created in its place.

48 OREGON STATE BAR BULLETIN • JUNE 2020 To watch a video of that ceremony, go to osbar.org/admissions/welcome. To see a YOU CAN MAKE A DIFFERENCE complete list of the applicants who passed The Oregon State Bar is currently seeking candidates for the Board of Governors. the exam in February, go to osbar.org/ The board is charged with the executive functions of the state bar. admissions/examresults_feb2020.htm.

Office in South Portland? n Four positions open for Regions 1, 3, 4 and 5 Update Your Address Now n Four-year terms The City of Portland added a new “sex- n Filing deadline has been extended to June 19, 2020 tant” on May 1, creating South Portland addresses for more than 6,000 homes and For more information go to www.osbar.org/leadership/bog or contact businesses. The new designation, which is Danielle Edwards at (503) 431-6426 or (800) 452-8260, ext. 426. designed to improve to improve wayfind- ing, 9-1-1 dispatching and emergency response, applies to the area between South- west Naito Parkway and the Willamette River. The area had previously been considered part of Southwest Portland. If your firm’s address was affected, be sure to log in to the bar’s website to update your address in your member dashboard, or let us know by sending an email to [email protected]. PLF Extends Due Date for Quarterly Assessment The Professional Liability Fund has extended the due date for members’ second- quarter assessment payment from April 10 to June 10, 2020. Complete information about the change is available online at tinyurl.com/PLFCOVIDExtension. The PLF has also provided a variety of resources on its website to help lawyers manage their law practice while working from home, including the practice aid “Re- sources for Working Remotely in the Age of COVID-19,” five inPractice blog posts and two webinars that are now available to view. To see a complete list, visit tinyurl. com/PLFPracticeManagement, then enter COVID-19 in the search field. As always, PLF practice management attorneys are available to help or answer questions. Visit osbplf.org/practice- management/services.html for details. Claim MCLE Credit for Teaching Civics to Non-Lawyers Did you know that OSB members can claim MCLE credit for teaching civics courses to non-lawyer members of the public? In order to claim credit, the teaching must be voluntary (non-compensated) and must relate to the lawyer’s legal expertise or legal services. For more details, view the FAQ at tinyurl.com/MCLEforTeachingCivics. n

JUNE 2020 • OREGON STATE BAR BULLETIN 49 BAR ACTIONS

Discipline

Note: More than 15,000 people are eligible to In determining the appropriate sanc- practice law in Oregon. Some of them share tion, the court considered selfish motive, the same name or similar names. All dis- substantial experience in the practice of law cipline reports should be read carefully for and a pattern of misconduct as aggravat- names, addresses and bar numbers. ing factors. In mitigation, the court noted Nisley’s lack of prior discipline. n ERIC J. NISLEY OSB #951049 Note: Current disciplinary opinions and The Dalles orders not yet published in the Disciplinary 60-day suspension Board Reporter may be found at www.osbar. The Oregon Supreme Court suspended org/publications/dbreporter/2019.html. Eric J. Nisley for 60 days, effective Feb. 10, 2020, for making false statements in connection with a disciplinary investigation of his conduct, in violation of RPC 8.1(a)(2). In re Nisely, 365 Or. 793 (2019). In late 2014, as Wasco County district attorney, Nisley initiated an investigation into potential unlawful conduct by one or more county employees, including then- finance manager Monica Morris. He asked the Oregon Department of Justice to conduct the investigation, and communicated Legal Ethics Assistance frequently with its representatives about the status of its investigation. The bar’s General Counsel’s Nisley’s communications focused ex- Office is available to discuss prospec- clusively on Morris as the wrongdoer. The tive legal ethics questions related to DOJ eventually concluded that no unlawful a member’s own conduct. A staff conduct had occurred. attorney can help identify appli- In 2015, the county counsel reported to cable ethics rules, point out relevant the bar his belief that Nisley had initiated formal ethics opinions and other re- the investigation against Morris in retali- sources and share an initial reaction ation for an earlier dispute. In response to to callers’ ethics questions. the bar’s inquiries about whether he had en- The assistance that bar staff pro- gaged in a personal conflict of interest, Nis- vides is informal and nonbinding and ley represented in three letters sent over the is not confidential; no attorney-client course of four months that the investigation relationship is established between could not have been retaliatory because callers and the lawyers employed Morris was never the subject of the inves- by the Oregon State Bar. (Lawyers tigation, that he did not consider Morris seeking confidential ethics advice the target of any investigation, and that his about the propriety of their previous communications to the DOJ were intended decisions or actions should consult a only to prompt the agency to conclude its private attorney.) investigation and determine who was responsible for the conduct he had identified. Members with questions can call The court found that Nisley knew that the ethics helpline at (503) 431-6475 his statements were false and material to to be connected to the first available the bar’s investigation into whether his con- bar staff attorney. duct had constituted a conflict of interest.

50 OREGON STATE BAR BULLETIN • JUNE 2020 Additional Free Education & Research COVID-19 Resources

CLE Seminars and Legal Publications The impact of COVID-19 will have far-reaching implications for the legal profession. An online On-Demand CLE Seminars library with free on-demand seminars from a variety of legal Free for OSB Members organizations is available at www.osbar.org/cle. Working Remotely in the Face of Coronavirus CLE credit: 1 general Oregon CLE credit is available for eligible programs, and practice As the COVID-19 pandemic has illustrated, the ability to operate a law areas will be added as resources practice without everyone being together in an office can be critically are posted. important. Gain recommendations for improving your ability to practice law, increasing your focus and productivity, managing distractions, communicating, and taking care of clients from any location. Check the CLE calendar RMTE20 Free to OSB Members / $35 Non-members at www.osbar.org/cle for the current status of Working from Home Safely — Cybersecurity and Ethical OSB CLE Seminars and Considerations in the Face of Coronavirus section CLE events. CLE credit: 1 ethics Questions or need help Having been forced to work from home with relatively no advance warning with registration? has opened up a big can of cybersecurity worms. Many lawyers and staff are using home PCs and saving client documents/data on those computers. (503) 431-6413 The ethical and malpractice pitfalls of working remotely and how to address (800) 452-8260, ext. 413 them will be discussed in relation to the Oregon Rules of Professional [email protected] Conduct. CEC20 Free to OSB Members / $35 Non-members www.osbar.org/cle

“I Have a Feeling”: Coping with COVID-19 Changes CLE | On Demand and Unexpected Losses CLE credit: 1 mental health/substance use Everyone is experiencing unprecedented changes in their work, personal relationships, everyday habits of living, and vision of the future. These feelings of loss can lead to emotional upheaval and instability in an already stressful time. In this one-hour course, Michael Kahn, JD, LPC, will walk you through the framework for recognizing and acknowledging the emotions that are being stirred up. MHSU220 Free to OSB Members and Non-members

Search the full selection of free COVID-19 resources at www.osbar.org/cle/resources.html

JUNE 2020 • OREGON STATE BAR BULLETIN 51 BAR PEOPLE

in their careers. Pearce is president of the hospital-system failures and motor-vehicle Among Oregon Chapter of the National Bar Associ- collisions. ation, a member of the Ambassador Board of Friends of the Children and was a re- Kantor & Kantor has welcomed Stacy Ourselves cipient of the Stoel Rives Andrew Guy Pro Monahan Tucker as of counsel. Tucker is admitted to practice before all state and Leonard DuBoff, founder of The Bono Award in 2019. He also is a member federal courts in California, Nevada, Arizo- DuBoff Law Group, has announced that of the firm’s diversity and inclusion com- na, Oregon and Washington, including the Estate Planning (in Plain English), co-writ- mittee and associates committee. 9th Circuit Court of Appeals and the U.S. ten by Leonard DuBoff and Amanda Bryan, Supreme Court. Tucker’s areas of exper- is now available from Allworth Press, an imprint of Skyhorse Publishing. Estate tise include ERISA disability benefits and Planning (in Plain English) joins more than Moves health care litigation, insurance coverage a dozen other books in the “The Law (in and bad faith litigation, and state and fed- Nicole Schaefer has started Yellow Dog Plain English)” series written by DuBoff and eral investigations. She also has represented Legal, a boutique virtual law firm focused other members of The DuBoff Law Group. indigent individuals at her local legal aid of- primarily on all aspects of trademark law — fice, volunteered to provide legal represen- Stoel Rives partner applications, office actions, cease and desist tation to refugees and supported the Bel- Kelly Knivila has letters, and TTAB actions. Visit yellowdog levue Lifespring organization, which helps been selected by legal.com for more information or call (971) settle local refugee families. the Portland Busi- 350-8516. ness Journal as one Meg Houlihan has Wiliams Kastner of its 2020 “Women joined the law office of Influence.” Now has announced that of Stoll Berne as an in its 17th year, the Steven Cade has associate attorney. award is given to become a member Her practice will 25 women who are in its business litiga- focus on complex selected based on professional accomplish- tion practice group. litigation matters. In ment and community leadership, as well Kastner’s practice 2019, she received as awards and milestones. Knivila counsels concentrates in the Oregon State clients on a variety of health care regula- the areas of com- Bar President’s Spe- tory requirements and helps them resolve mercial litigation, cial Award of Appreciation for her work as disputes with federal and state regulatory construction law, products liability and a volunteer pro bono attorney for the OSB. agencies. She has extensive experience in transportation law. He also advises insur- the Medicaid program, having spent more ers and insureds on insurance coverage is- Rose, Senders and than two decades representing Medicaid sues. Kastner has assisted in prosecuting a Bovarnick has an- Managed Care Organizations, providers multimillion-dollar products liability case nounced that Kay and state Medicaid agencies on a wide ar- on behalf of a construction client. Teague has joined ray of regulatory issues. the firm as an associ- Beatrice Grace has ate. Teague, who has Dexter Pearce, a joined the Corson considerable experi- labor and employ- & Johnson law firm ence with medical ment attorney with in Eugene. Grace negligence and oth- Stoel Rives, has clerked for U.S. er tort cases, is now been selected for District Court Mag- looking forward to learning about railroads inclusion in the Na- istrate Judge Mus- and the Federal Employers Liability Act. tional Black Law- tafa Kasubhai from As part of her dedication to the commu- yers’ “Top 40 Under 2018-20 after litigat- nity, she volunteers at the St. Andrew Legal 40 Black Lawyers in ing personal injury Clinic and is a Mentor for 1Ls at Lewis & Oregon.” Member- and medical negligence cases in private Clark Law School. ship in the organization is by invitation only practice. She also is a registered nurse and and is limited to 40 attorneys under age 40 has worked in hospital emergency depart- Christopher Morehead has joined in each state who have demonstrated excel- ments for years. She now represents peo- Tonkon Torp’s labor and employment lence and have achieved outstanding results ple injured by nursing-home negligence, practice group as an associate. Morehead

52 OREGON STATE BAR BULLETIN • JUNE 2020 THANK YOU AND BEST WISHES, works with local, regional and national BARBARA FISHLEDER! employers in industries such as bank- On behalf of the Professional Liability Fund and Oregon ing, manufacturing, lawyers, we thank you for your 34 years of service to the PLF retail, hospitality and more than 30 years in your position as director of the and craft beverage PLF’s loss prevention programs. Your caring, dedication, and to help them solve hard work have resulted in the PLF’s programs improving the lives and careers of many thousands of Oregon lawyers, complicated em- judges, and law students. ployment matters and comply with Oregon employment law. We wish you all the best! Morehead also has substantial experience representing employers in state and federal court, and before Oregon’s Bureau of Labor & Industries (BOLI) and Equal Employ- Thankyou_BARBARA_FISHLEDER_BULLETIN_may2020_size_1-6horiz.indd 1 4/30/2020 11:49:05 AM ment Opportunity Commission (EEOC) offices across the United States.

Misha Isaak has joined Perkins Coie in the firm’s commercial litigation practice as a partner in the Portland office. Isaak, who is a prior associate of the firm, returns to Perkins Coie from the Office of Gov. Kate Brown, where he was general counsel. He managed all legal affairs in the governor’s office, representing Brown in settling the state’s most significant litigation during her tenure, including its dispute with Or- acle, the hoteling of foster youth, services for the intellectually disabled, treatment of transgender inmates and the sale of the Elliott State Forest. Isaak also managed the appointment of an historic number of state judges, including more than half of the Oregon Supreme Court, Oregon Court of Appeals and Multnomah County Circuit Court, significantly increasing the diversity of the state court bench.

Lauren Bernton has joined Tonkon Torp as an associate in the litigation department. Her practice is focused on solving commercial disputes. Bernton works as an advocate for multination- al companies, regional companies and local businesses to help them achieve their goals through trial and in administrative settings.

Danica Hibpshman has joined Tonkon Torp’s business department and cannabis industry group. Hibpshman previously worked for the Oregon Liquor Control Commission, where she spent the past five years developing and implementing Oregon’s initial cannabis regulations and overseeing OLCC

JUNE 2020 • OREGON STATE BAR BULLETIN 53 alcohol and canna- MEET OUR bis licensing. Most recently, she served NEWEST ASSOCIATE, as the senior policy JESSE STEWART. advisor regarding all alcohol and cannabis Jesse joins our Business Restructuring program policy mat- & Bankruptcy Team. He adds a diverse ters, legislative and background in bankruptcy and receivership executive branch actions, securities, and commercial cases. directives and program development strategies. [email protected] 503.243.1648 Peter A. Werner has joined the Central Oregon Intergov- ernmental Council as general counsel. COIC provides regional services to PORTLAND l sussmanshank.com l 503.227.1111 Central Oregon for transportation, employment and education, emergency preparedness and economic development. Prior to COIC, Werner was in solo private practice in Bend, focus- ing on civil litigation. He continues to volunteer locally as part of the Campaign for Equal Justice, and is a member of Oregon Women Lawyers and Cascade Women Lawyers. In Memoriam Jeanyse Reith Snow died on April 6, 2020, at age 75 in Portland following a brief hospitalization. She was the second of three children born to Laura M. Ihander Reith and Floyd H. Reith Jr. A lifelong resi- dent of Astoria, Snow graduated as Astoria High vale- dictorian in 1963 and summa cum laude from the Uni- versity of Oregon Honors College in 1967; she entered UO School of Law the same year. After marrying Astoria attorney Harold (Hal) A. Snow, she transferred to Willamette Uni- versity College of Law. She was editor-in- chief of the Willamette Law Review before Add your Lawyer Announcement here becoming one of only two women to gradu- ate in her class. Contact Spencer Glantz at (503) 431-6356 or After earning her J.D. in 1970, Snow [email protected] for rates and placement. joined her husband in the Astoria law firm that eventually became Snow & Snow. She specialized in land-use law and handled all

54 OREGON STATE BAR BULLETIN • JUNE 2020 PLF Board of Directors Positions the firm’s appellate cases. The couple was a team in the law and in life; having worked The Board of Directors of the Professional Liability Fund (the “BOD”) is looking for two board members, one lawyer member and one public member, each to serve a five-year term on the BOD together for more than 45 years, she retired beginning January 1, 2021. Directors attend five board meetings per year, plus occasional committee and closed the firm following Hal’s death in meetings. Directors are also required to spend time reading board materials and participating in occa- December 2016. sional telephone conferences between meetings. They are not required to engage in fundraising. PLF Sons Jeremy Albin and Randall Wil- policies prohibit Directors and their firms from prosecuting or defending claims against lawyers. The liams were born in 1976 and 1978, respec- PLF Board recognizes that Bar members are diverse in perspective and background and highly encour- ages individuals from diverse backgrounds to apply. Interested persons should send a brief resume and tively. Their parents were passionate sports letter of interest by August 3, 2020, to: fans, holding a special interest in the Or- Nena Cook egon Ducks and Astoria High Fishermen. Chief Executive Officer, OSB Professional Liability Fund They were faithful followers of their sons’ [email protected] activities, not missing a single sporting PO Box 231600, Tigard, OR 97281-1600 event of either child. The couple also was active in the community, supporting numerous nonprofit organizations, including the Friends of the Astoria Column, Astoria High Scholarships, Columbia River Mari- time Museum, Oregon Community Foun- dation and Liberty Restoration. Family was a huge part of Snow’s life, and she created fantastic memories with family vacations to Maui, as well as with season tickets to the Timbers, Thorns, Blaz- ers and Oregon Children’s Theater. Snow is survived by sons Jeremy (So- phie) of Portland and Randy (Shannon) of Salem, six grandchildren (Ryker, Kincaid, Harvey, Adelaide, Estelle and Selene), sister Patricia Krumm and brother Arthur Reith. She was preceded in death by her husband Hal, parents Floyd and Laura Reith, and in- laws Helen and Harold Snow. Contributions in Snow’s name can be made to Columbia River Maritime Muse- um, Liberty Theater Restoration, Friends of the Astoria Column, Astoria High Scholarships or Knight Cancer Institute of Astoria/Portland. n

Additional Notices

John R. Loacker 78, Portland, Feb. 1, 2020 M. Chapin Milbank 86, Salem, Feb. 13, 2020 William P. Koontz 76, Cottage Grove, Feb. 26, 2020 Joseph A. Labadie 90, Portland, March 9, 2020 Donald C. Seymour 88, Portland, March 16, 2020 Hon. James A. Redden 91, Portland, March 31, 2020

JUNE 2020 • OREGON STATE BAR BULLETIN 55 CLASSIFIEDS

FOR SALE conference room access. 5200mead a 24/7 secured access system. Quiet redeveloped downtown Tigard. ows.com OR Call (503) 726-5999. and friendly environment shared Share space in a single level law office LAW LIBRARY, COMPLETE SET with medical and financial profes- with two other estate planning attor- OREGON REPORTS and Oregon LAKE OSWEGO KRUSE WAY – sionals. Free parking behind building neys. Prefer an attorney with a simi- Appellate Reports, $4,500, (503) Class A Office Building. 4248 Gale- or on the street. Walking distance to lar practice. $1,275/month includes 650-8010. wood Street, Lake Oswego, OR downtown shops and restaurants. conference room, kitchen, security, 97035. Primarily Attorneys. Partner- For more information, contact Lau- telephone, utilities, access to postal OFFICE SPACE sized, windowed offices. Reception- ren Lancial at llancial@daywireless. and copier systems, and parking. ist, Phones, High Speed Internet, 1400 SW MONTGOMERY STREET, com or (503) 794-3760. Shared costs for reception. Contact PORTLAND Offices available in Conference Rooms available or in- Jerry (503) 639-4108. Goose Hollow neighborhood, just cluded. Free parking. Office lease ONE BEAUTIFUL OFFICE AVAIL- outside downtown core. Share space prices range from $600 to $1400 per ABLE IN MODERN, CLASS A TWO OFFICE SHARES IN DOWN- with small firm, solo lawyers, other month. Phone numbers or ported BUILDING IN DOWNTOWN PORT- TOWN PORTLAND 1 MONTH FREE professionals. $750/month includes numbers available. Call for informa- LAND – Two secretarial spaces are WITH A 12 MO LEASE – One is parking, reception services, confer- tion. John (503) 675-4343. available as well. Located in proxim- 14x12 for $1,200 per month and the ity to Multnomah County and Federal other is 15x10 for $1,025 per month. ence room, other amenities. Support OFFICE AVAILABLE IN DOWN- courthouses. The office is within a 10th floor office in Cascade Build- staff space also available. Contact TOWN PORTLAND – Nice upstairs suite shared by two established law ing. 2 blocks from Pioneer Square Gaylord Eyerman Bradley PC at (503) office (11 x 14.5 ) with large window, firms. The office and the available and MAX Transit hub. Alder Street 222-3526 or email receptionist@ newer carpet and paint, and separate conference rooms present your cli- Parking Garage across street. Rent gaylordeyerman.com. secretarial area with desk and chair ents with knockout views of the includes reception, telephone/inter- outside door. $695. Building located 5200 MEADOWS EXECUTIVE OF- West Hills. The location is on the top net, office conference room, shred, on the corner of SW 6th and Clay near FICE SUITES – Offering Executive floor of the 1000 Broadway Build- copier & postage machine use. Build- the transit mall. Full reception and Suites, mail service, phone reception, ing. Two conference rooms, kitchen ing amenities: Gym, w/shower, ten- meeting rooms, business support custom telephone answering from ant lounge. Contact Jamie @ (503) 8:00 am to 5:00 pm, library w/fire- and file room available to share and and more. Call (503) 726-5999 or receptionist services provided as 243-2733 or jamie@kramer-associ visit 5200meadows.com. place, conference room, shower, all ates.com. usual equipment. 7 experienced at- part of lease. Copier, fax and postage services available. Parking (not BEND, OLD MILL, 1924 CRAFTS- torneys, 4 blocks to courthouse, cof- POSITIONS AVAILABLE MAN with cozy reception area with fee shop and restaurant next door, included), private gym, and bank in It is the policy of the Bulletin to fireplace, kitchen, conference room. fitness center one block. Parking building. Call Scott Brown at (503) only list opportunities for em- Upstairs office with internet for $650 available $200/month. 521 SW Clay. 228-5027. ployment that are consistent per month/year lease. May have George: (503) 226-3607. PORTLAND DOWNTOWN – Re- with OSB Bylaw 10. some overflow of uncontested fam- OFFICE AVAILABLE IN THE BUTCH- modeled & modern Class A office ily law work. Contact: Lillian@fami ER & SMITH LAW FIRM SUITES – space on 9th Floor of 1000 SW A LATERAL MOVE IS A DIFFICULT lylawbend.com (541) 318-8038. Located at 520 SW Yamhill St. across Broadway Building. Currently avail- DECISION, so let us find you the perfect fit. Since 2000, Stayer Legal DOWNTOWN PORTLAND, 1000 from Pioneer Courthouse Square. able for sublet is 1 office and 1 Search has been connecting lawyers BROADWAY, CLASS A SPACE, 121 sqft with large windows. Tele- smaller work space/office. Offered with great opportunities in all sizes of 23rd floor, receptionist, voice mail, phone system, copy/scan machine together or separate. Price and terms law firms and companies. Our cur- conference rooms, copiers, scanners, services and front desk person avail- are negotiable and depend on term rent searches cover nearly all prac- phone, gym, showers, bike rack, able to greet clients. $1,010.00 per and amenities. Usual amenities of- tice areas. Let’s talk in confidence. starting at $750/mo, (503) 274-1680. month. Inquires to Elizabeth at (503) fered (conference room, kitchen, 972-7380. receptionist, copier, workout room, Candice Wilson Stayer, Stayer Legal HILLSBORO – 2 elegant office suites etc.). Contact Tim Landis @ (503) Search LLC cwstayer@stayerlegal 1 block from courthouse. $800.00/ OFFICE SPACE AVAILABLE IN 220-1331 / [email protected] or search.com (503) 968-0901. ea, utilities included w/first month THE HISTORIC AMERICAN BANK Mark Olmsted @ (503) 445-4453 / A PORTLAND METRO AREA AV free. For pics/info contact John El- BUILDING - Top floor overlooking Pi- [email protected]. RATED LAW FIRM is seeking an As- liott: (971) 404-6631 or JMEDrum@ oneer Courthouse Square (with Max sociate Attorney to join their growing Earthlink.Net. stops), large support staff spaces also SW PORTLAND, WASHINGTON available. Rent includes reception, COUNTY OFFICE SPACE AVAIL- defense litigation practice. This firm HILLSBORO DOWNTOWN OFFICE conference rooms, telephone system, ABLE – Located across the street represents employers and insurers SPACE one block to courthouse, free internet, telephone lines and copier/ from St. Vincent’s Hospital. First class in the areas of workers’ compensa- reserved parking. Single private of- scanner for additional fee. Building finishes & professionally decorated tion, employment law and insurance fices on month to month or longer. has a gym with showers, bike parking office. Approximately 180 square defense. This is an excellent oppor- $325 per month. Larger suites also and the windows open. Rent $1150/ feet and includes open area recep- tunity for new lawyers who have available. New Comcast high speed mo. for office, $450-$660/mo for tion, two conference rooms (one in strong interpersonal, analytical and internet available! Call Jay Weil (503) support staff space. Contact Robert suite and one down the hall), private organizational skills and a willingness 924-5772, or email jaymweil@aol. @ (503) 226-8122 or robert@swider kitchen in suite, plenty of free park- to work in a demanding but informal com. haver.com. ing, and utilities. $1,200 per month. and positive environment. As an (503) 719-6603 or ginger@skinner associate you will also have the op- LAKE OSWEGO WINDOW OR IN- OFFICE SPACE – DOWNTOWN lawpdx.com. portunity to work closely with senior TERIOR OFFICE WITH ALL-INCLU- MILWAUKIE - 2025 SE Jefferson St. attorneys to develop hands-on expe- SIVE SERVICES NOW AVAILABLE! Single private office space available TIGARD DOWNTOWN - Office rience and to work collaboratively in Mail service, phone reception, lobby on a modified gross lease. Second Space. Beautiful 10 x 14 window a team environment. The ideal As- signage, kitchen, 24/7 building and floor unit with separate entrance on office available in the vibrant and sociate will be licensed in Oregon or

56 OREGON STATE BAR BULLETIN • JUNE 2020 Washington. Dual licensure is a big mit resume and short cover letter to *Strong people skills, with the abil- if warranted, impose civil remedies. plus. Candidates should have strong Office Manager Kaci Price at kprice@ ity to work effectively with a variety For an information packet, please call research and writing skills, excellent lynchconger.com. of personalities. * Desire to grow a (541) 774-6905 or email McGaugh verbal communication skills and have book of business, include willingness [email protected]. Deadline to a competitive personality. This is a full BOUTIQUE STATEWIDE LAW FIRM to present/give seminars on various submit Letter of Interest is: 4:00pm time, full benefit position. Benefit LOOKING TO HIRE A LITIGATION subjects. *A sense of humor. For con- PST on Friday, June 26, 2020. package includes medical insurance, ASSOCIATE in its consumer protec- sideration, please send a resume and STAFF ATTORNEY wanted for dental insurance, life insurance, long tion practice group. Ideal candidate writing sample to the Oregon State nine-lawyer public defender’s office. term and short term disability insur- is diverse with two to five years civil Bar, Attn: Blind Ad F-16, P.O. Box Full-time. Must be a member of the ance and 401K options. Interested litigation experience. Must be self- 231935, Tigard, OR 97281 or email: Oregon State Bar by start date. We candidates must submit a cover let- motivated, hard-working and able [email protected] with the blind ad handle misdemeanor and felony ter, resume, transcript and writing to work in a team setting. Immediate number in the subject line. criminal cases, as well as juvenile de- sample to recruiting@bishopcreek opening, competitive compensation EUGENE FIRM SEEKS OF COUN- linquency and juvenile dependency services.com to be considered for the DOE. Please send resume to team@ SEL ATTORNEY to work with busi- cases. We prefer an attorney with position. underdoglawyer.com. ness attorney with over 20 years’ felony experience, but all candidates ASSOCIATE ATTORNEY –Estab- CRIMINAL/JUVENILE/DOM REL experience in commercial litigation, will be considered. Salary depends lished Central Oregon law firm look- ASSOCIATE – Five lawyer Roseburg business transactions, real estate on experience, plus benefits. For in- ing for an associate attorney to join firm with court appointed contract is and estate planning. This is ideal formation contact: Southwestern our team. Ideal qualifications include hiring. We are looking for a commit- for an attorney who wants to build a Oregon Public Defender Services, at least 2-3 years of experience, a ted advocate to do court appointed practice. Compensation based upon Inc. Attention: Laynie Wilson, Office competitive spirit, strong work ethic, dependency, criminal, and delinquen- percentage of gross receipts received Manager 465 Elrod Avenue Coos Bay, and superior oral and written skills. cy as well as retained criminal and by firm for professional services ren- OR 97420. (541) 267-2472. layniew@ Competitive salary and benefits will domestic relations work. Must be ad- dered by attorney. Please send cover swopds.org. be based on experience and quali- mitted to practice in Oregon, or have letter and resume to eugenebusines ST. HELENS MUNICIPAL COURT fications. Please submit a cover let- taken the most recent bar at time of [email protected]. is accepting applications for expe- ter, resume, references and writing application. Minor Felony qualified OREGON COAST DEFENDERS, the rienced criminal defense attorneys sample to resume@redmondlawyers. preferred, pursuant to the Standards indigent defense consortium for Lin- interested in providing indigent de- com. for Court Appointed Lawyers. If not, then would prefer enough experience coln County, is currently accepting fense services. Cases are heard on ASSOCIATE ATTORNEY, NEW- to qualify quickly. Computer skills re- applications from attorneys inter- Mondays and attorneys can expect to PORT, OR- Well established law firm quired. Benefits include health insur- ested in providing contract indigent be in court three days per month on representing a variety of local gov- ance, retirement, vacation, friendly defense services for Lincoln County. average. Please submit resume, cover ernments entities, business organiza- and supportive work environment, We are seeking an attorney for a full letters and references to: Matt Brown, tions and individuals primarily in civil experienced attorney mentors, very time misdemeanor and felony case Finance Director, 265 Strand Street, St. matters seeking a proactive attorney experienced staff support and the op- load. Applicants should have at least Helens, OR 97051 or by email: mattb@ with excellent research, writing and portunity to develop a private practice. three years of criminal law experience. ci-st-helens.or.us

JUNE 2020 • OREGON STATE BAR BULLETIN 57 ESTABLISHED SEATTLE ESTATE Practice. Email “King County Prac- over $625,000 the last three years that last three years (2017-2019), and PLANNING PRACTICE that has a tice Specializing in Marijuana Law” to (2017-2019). For more information on weighted Seller’s Discretionary Earn- practice/case breakdown by revenue [email protected] this turn-key practice, contact info@ ings (SDE) of over $1,200,000. This of approximately 45% Estate & Trust or call (253) 509-9224. privatepracticetransitions.com or call successful firm is completely turn-key Administration, 40% Estate Planning, (253) 509-9224. and employs five (5) staff, including and 15% Other (Collateral Matters, LAW FIRM WANTED – Current the owner. The firm’s processes are seasoned in-house counsel seeks to SUCCESSFUL KING COUNTY IN- Estate Tax Preparation, Real Property very well documented, and the prac- purchase business law or other trans- SURANCE DEFENSE PRACTICE Issues, etc). The Practice is located tice uses Google Suite allowing for actional firm. Preference in Seattle, that is located in the heart of Seat- in the heart of downtown Seattle, easy remote access. If you are inter- Portland metro or virtual. Please con- tle and had 2019 gross revenues of has averaged gross revenues of over ested in exploring this opportunity, tact me at [email protected]. $1,300,000. The Practice was estab- $286,000 the last three years (2016- would like the freedom to be your lished in 2006, has a great reputation 2018), and is poised for growth un- own boss and/or increase your cur- PROFITABLE NORTHWEST OR- in the legal community, and has five der new ownership. Contact info@ rent book of business substantially, EGON LAW PRACTICE located in (5) total employees, including the privatepracticetransitions.com or call then this is perfect for you. Email Marion County. The Practice was es- owner. Contact info@privatepracti (253) 509-9224. [email protected] tablished in 1991 and has a practice/ cetransitions.com or call (253) 509- case breakdown by revenue of 34% or call (253) 509-9224. ESTABLISHED TUMWATER FAM- 9224. Probate and Trust Administration, ILY LAW & ESTATE PLANNING 30% Estate Planning, 20% Real Es- THINKING ABOUT BUYING OR RECREATIONAL RENTALS PRACTICE that has a practice/case tate Transactions, and 10% Business SELLING A PRACTICE? If you are, KIHEI, MAUI, HAWAII – Large ocean- breakdown by revenue of approxi- Law and Contracts. The Practice is we can help you! Guaranteed. Pri- view 1BR-2BA condo, LR sofasleeper, mately 70% Family Law, 15% Es- completely turn-key and has a strong vate Practice Transitions, Inc. is the two pools/spas, tennis, across from tate Planning, 5% Real Estate, 5% client base. If you are interested in preeminent provider of specialized beach. Attorney discounts. mjs@ate Business, and 5% Other. The Prac- exploring this opportunity, would like brokerage services in the Northwest, rwynne.com (503) 291-1423; Video: tice is located in a 2,650SF build- the freedom to be your own boss and catered specifically to the owners of https://www.youtube.com/watch? ing that is also available for sale, if build upon a thriving practice, then professional services businesses – like v=txEcuMFzELE - Pictures: samsandm desired. With 2019 gross revenue this practice is perfect for you! Email you! We have countless buyers and [email protected]. right around $200,000 and 166 ac- [email protected] sellers waiting for the right opportu- tive clients, this Practice is poised for or call (253) 509-9224. nity. Take control of your tomorrow KONA, HAWAII – Lovely oceanfront growth under new ownership. Con- by calling us today at (253) 509-9224 1 BR condo. Large MBR, vaulted ceil- tact info@privatepracticetransitions. PROFITABLE PIERCE COUNTY or checkout our website at www.pri ings, great view. Tennis, oceanside com or call (253) 509-9224. LAW PRACTICE that has been a vatepracticetransitions.com. pool and spa, walk to town (503) staple in Pierce County for over 20 780-3139. For photos, email: nanevin EXTREMELY PROFITABLE SEAT- years. In 2019, the Practice brought THRIVING GRANTS PASS OREGON @aol.com. TLE IMMIGRATION LAW PRAC- in over $700,000 in gross receipts! FAMILY LAW PRACTICE with cases TICE that has average gross revenues The practice/case breakdown is 35% in Josephine and Jackson Counties. NORTH TAHOE LODGE – Historic of over $1,600,000 the last three (3) Real Estate, 30% Residential, Com- The owner has built a firm with a Brockway Point lodge overlooking years (2017-2019). Even more, in mercial, Corporate, Employment, and stellar reputation and desires to sell lake. 5 BR, 4.5 baths, multiple decks. 2019 the gross revenues were over General Litigation, 20% Personal In- the business as a turnkey operation Elegant remodel 2019. Speedboat $1,800,000! This successful firm has jury including Wrongful Death, 10% in order to retire. The average gross beach, pool, tennis, pier, clubhouse, substantial advance fees in trust. The Business Formation, and 5% Other. revenue for the past two (2) years is serene but close to everything. Attor- Practice employs two (2) attorneys The Practice is located in a 2,500 SF over $530,000, and the 2019 Seller’s ney discount. paulnelsonlaw@gmail. in addition to the partners, seven (7) fully furnished office that is also avail- Discretionary Earnings (SDE) was over com. paralegals, three (3) full-time admin- able for sale, if desired. If you are $350,000! The practice/case break- istrative staff, and one (1) part-time OCEANSIDE – Beach house on cliff interested in exploring this opportu- down is 100% Family Law. The Prac- support staff. If you are interested side overlooking ocean and Netarts nity, would like the freedom to be tice was established in 1975 and is in exploring this opportunity, would Bay. 3 bedrooms and 3 baths, 4 decks, your own boss and/or increase your located in a desirable, fully-furnished like the freedom to be your own fireplace, spa tub, washer/dryer, and current book of business substantial- office. The Practice employs three boss and/or increase your current fully equipped kitchen. $175 per ly, then this is perfect for you. Email (3) staff, including the owner. Email book of business substantially, then night, $1000 weekly rate plus $125.00 [email protected] [email protected] this is perfect for you. Contact info@ cleaning fee. ASK ABOUT WINTER or call (253) 509-9224. or call (253) 509-9224. privatepracticetransitions.com or call RATES. Contact Mary at mexmary@ (253) 509-9224. PROFITABLE SNOHOMISH COUN- THRIVING STEVENS COUNTY PER- comcast.net or (503) 784-5277. TY PERSONAL INJURY PRACTICE SONAL INJURY & FAMILY LAW KING COUNTY PRACTICE SPECIAL- PARIS APARTMENT – At Notre that has been in business for more PRACTICE that was established in IZING IN MARIJUANA LAW with a Dame. Elegant 2 bedroom, 1 ½ than 27 years. The practice/case 2009, has a strong client base, and stellar reputation within the commu- bath, with lift. In the heart of Paris. breakdown by revenue is approxi- brought in over $855,000 in gross nity. In 2019, the Practice brought in PROVENCE. 4 bedroom, 3 ½ bath mately 95% Personal Injury and 5% revenue in 2018. The practice/case over $940,000 in gross receipts. The house with stunning, panoramic Other. The Practice is located in a breakdown by revenue is approxi- practice/case breakdown by revenue is view of Menerbes. Owned by OSB 1,022 SF fully furnished office that is mately 48% Personal Injury, 43% 85% Cannabis Business Counsel and member (202) 285-1201 or (503) also available for sale, if desired. Con- Family Law, and 9% Other (Estate 15% Personal Injury. The Practice is 227-3722. tact info@privatepracticetransitions. Planning, Probate, General Litigation, located in a modern and thoughtfully com or call (253) 509-9224. etc.). The Practice employs six (6) peo- SCOTTSDALE – North Scottsdale designed, fully-furnished ~3000SF of- ple: one (1) owner/attorney, one (1) home near Troon and TPC golf cours- fice space that the Practice leases. The REAL ESTATE LEGAL PRACTICE associate attorney, three (3) legal as- es. Newly furnished. 3BR, 2BA, 52” Practice employs seven (7) employ- WITH TWO LOCATIONS is head- sistants, and one (1) office administra- plasma TV, pool, outdoor barbecue. ees: four (4) attorneys including one quartered in the fastest growing met- tor. Contact info@privatepracticetran- No smoking, no pets. Tony at (503) licensed patent agent, (2) legal pro- ro area in the fastest growing state sitions.com or call (253) 509-9224. 221-2271. fessionals, and (1) front desk person. (Idaho). This real property law firm has If you are interested in exploring this two locations (Spokane and Coeur WASHINGTON MEDICAL MAL- SUNRIVER – Cascara Vacation Rent- opportunity, call or email us to set up d’Alene), three attorneys, three sup- PRACTICE LAW FIRM with average als - Over 120 homes & condos with a viewing or to learn more about this port staff, and average gross revenues gross revenues of over $1,600,000 hot tubs, free Wi-Fi, many pet friendly

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Contract lawyers statewide. anonymous advertiser as well as legal.com (503) 956-6629. basis. Backgrounds in estate plan- Many levels of experience. Many types the reader, we offer the following ning, probate/trust administration, INVESTIGATION – Diligent Investi- of expertise. For more information, or service: If there is a firm you do not business law, and litigation. Will work gations is a full service investigation to post a job, contact the OWLS office wish to respond to, list that firm (or remotely or on-site serving Salem, firm specializing in Surveillance, Back- at (503) 841-5720 or email casson firms) on a note along with your Portland and Eugene. Visit www. ground Investigations, Locates, Diffi- [email protected]. response to the blind ad. If the stsupportllc.com for services and anonymous advertiser is a firm you cult Service of Process, Interviews and RESEARCH, MEMOS, BRIEFS, and staff. Call (503) 967-6023 or email have listed, your response will be re- more. In Portland since 2012, Diligent appeals from a 25-year trial lawyer [email protected] to discuss cycled. Send both to blindad@osbar. Investigations has earned a reputation in Arizona and in Oregon. $60 hr. your paralegal needs. org with the blind ad number in the for professionalism and integrity. Con- [email protected]. (520) 332-0132. subject line. Or, mail in a 9 x 12 inch DIVORCE/ESTATE PLANNING AP- tact Robert Grady (503) 985-6659 or For more information, see www. envelope to Oregon State Bar, Attn. PRAISALS - Appraisal Valet can ex- email: [email protected]. rogerwperry.com. Blind Ad #[fill in the blank], P.O. Box pertly manage your next residential LEGAL ETHICS DEFENSE: ETHICS 231935, Tigard, OR 97281. appraisal assignment. We order, re- STRESS, anxiety, depression psy- ADVICE & OPINIONS – Christo- chotherapy and counseling; career view and deliver hundreds of apprais- pher R. Hardman - Providing de- SUBMIT TO als monthly throughout the Pacific counseling; confidential assistance Email: [email protected]; mail: fense services against Bar disciplin- improving strained relationships, Northwest allowing you to benefit ary proceedings; legal ethics advice, P.O. Box 231935, Tigard OR 97281, from the excellent rapport we have clarifying career considerations, re- Attn: Advertising. For questions, consultations, and opinion letters. sponding constructively to occupa- established with the most qualified/ Mr. Hardman is a former Assistant contact Spencer Glantz at advertis- experienced appraisers. Email admin tional, family, and individual emo- [email protected], (503) 431-6356 or Disciplinary Counsel of the Oregon tional developments, transitions, etc. @appraisalvalet.net or call (503) 828- State Bar Office of Disciplinary Coun- (800) 452-8260 ext. 356. 9441 for a free quote. Standish McCleary III, J.D., Ph.D., Lic. sel; and a former Bar prosecutor. He psychologist (16 yrs. atty); (503) 228- DEADLINES ESTATE PLANNING TEMPLATES – is a speaker and moderator at Ethics 0688. The first business day of each month Automate your Oregon estate plan- Continuing Legal Education Seminars for the following month’s issue. ning practice using HotDocs tem- sponsored by the Bar, New Lawyers SUPPORT STAFF POSITIONS plates for $100 per month with no Division and others. He may be contacted at his office: Christopher R. ESTATE PLANNING PARALEGAL contract. Complete information at: – Established estate planning firm www.nobleforms.com. Hardman, (503) 916-1787, or Fax (503) 916-1789; 25 NW 23rd Pl Ste 6, would like to hire a estate planning EXPERIENCED ATTORNEY AVAIL- PMB 497; Portland, OR 97210. paralegal. We are interested in candi- ABLE FOR TRADEMARK CON- dates that are passionate about what TRACT WORK – All aspects of trade- LEGAL NURSE CONSULTANT – Of- they do. Experience in trusts and es- mark cases. Contact yellowdoglegal@ fering Board Certified Legal Nurse tate admin, drafting, trust funding gmail.com for more information. Consultants with the LNCC certifica- & distributions is required. Join our tion from the American Association amazing team and you will be work- EXPERT WEATHER TESTIMONY – of Legal Nurse Consultants---the gold ing closely with our attorneys on new Weather & climate data research and standard in LNC credentialing. The and existing probate matters. You will analysis 25+ years meteorological ONLY certification recognized by the also help coordinate with clients in a expertise – AMS Certified – exten- American Board of Nursing Special- timely manner to set up consultations,

JUNE 2020 • OREGON STATE BAR BULLETIN 59 Attorneys’ Marketplace

ACCIDENT RECONSTRUCTION BUSINESS VALUATIONS, CONT. BUSINESS VALUATIONS, CONT. Accident Analysis Service Corporate Valuations, Inc. Stuart Weiss Business Valuations Don Webb Blake J. Runckel Stuart Weiss 3890 Brush College Rd, Salem, OR 97304 PO Box 82908 1050 SW 6th Ave #1100 PH 503-931-0670 FX 503-589-1826 Portland, OR 97282 Portland, OR 97204 [email protected] PH 503-235-7777 FX 503-235-3624 PH 503-223-3142 www.crashspeed.com [email protected] [email protected] www.corpval.com www.stuartweiss.com ACCOUNTANTS Corporate Valuations, Inc. is a national business Valuing family businesses since 2002. Reports in plain valuation and financial advisory firm founded in English Stanford MBA/CPA/ABV. Bonus: can review 1983. We offer a broad range of valuation services, investment portfolios. Cogence Group, PC including corporate valuation, gift, estate, and Jay Sickler, CPA, CFF, ABV, ASA income tax valuation, buy-sell agreement valuation, 935 NW Everett St, Portland, OR 97209 financial reporting valuation, ESOP and ERISA COMPUTER FORENSICS valuation services, and litigation and expert PH 503-467-7900 x1 testimony consulting. In addition, Corporate Computer Forensics, Inc. [email protected] Valuations assists with transaction-related needs, including M&A advisory, fairness opinions, and Roy Miller www.cogencegroup.com strategic alternatives assessment. 10774 SE Hwy 212 Financial forensics | Business valuation. Answers to We have provided thousands of valuation opinions Clackamas, OR 97015 complex financial questions. We are accurate, credible, for corporations of all sizes in a variety of industries. and ethical. Our professional team is comprised of all To paint an accurate picture, the valuation of a PH 503-655-1405 FAX 503-655-1408 CPAs, passionate about what we do, which translates business or its underlying assets calls for a [email protected] into serving our clients with the very best we can offer. combination of science and experience. The business www.computerforensicsinc.com Jay Sickler has 30 years of full-time financial forensics valuation consultants at Corporate Valuations offer experience. He has testified in more than 150 cases as practical insight into the strategic, operational, and an expert witness, more than many other experts financial affairs of the business—so you can Deadbolt Forensics combined. Our reputation is built on being skilled in understand the real value—regardless of industry. communicating our findings persuasively and with Michael Yasumoto Our valuation opinions are well-reasoned and 1500 NW Bethany Blvd, Ste 200 integrity. We get the job done right, on time, and thoroughly documented, providing critical support backed up by expert testimony. for any potential engagement. Our work has been Beaverton, OR 97006 reviewed and accepted by the major agencies of the PH 503-683-7138 Litigation Support federal government charged with regulating business transactions, as well as the largest [email protected] Morones Analytics, LLC accounting and law firms in the nation in connection www.deadboltforensics.com Serena Morones with engagements involving their clients. 625 SW Broadway, Ste 200 COURT BONDS Portland, OR 97205 Markee Valuations, LLC Laura Markee PH 503-223-5168 CELL 503-906-1579 Court Bonds 412 W 12th St, FX 503-223-5179 5727 SW Macadam Ave [email protected] Vancouver, WA 98660 Portland, OR 97239 www.moronesanalytics.com PH 971-201-7349 PH 503-977-5624 • 800-632-6878 Damage analysis, forensic accounting, fraud [email protected] FX 503-245-9188 investigation, data analytics, intellectual www.markeevaluations.com [email protected] property damages, lost wages, wrongful death We are experts in business valuation and financial www.jdfcourtbonds.com and business valuation. damages analysis. Recognizing that a business value A division of JD Fulwiler & Company Insurance. cannot be simplified to a formula, we ask questions and analyze industry and economic factors to understand BUSINESS VALUATIONS what makes each business unique. The end product is a detailed valuation that is well documented, clear and COURT REPORTERS Cogence Group, PC certifiably reliable. Iba, Symonds & Dunn Jay Sickler, CPA, CFF, ABV, ASA Chris Iba, Debi Symonds, Joyce Dunn 935 NW Everett St Morones Analytics, LLC 10260 SW Greenburg Rd, Ste 400 Portland, OR 97209 Serena Morones Portland, OR 97223 PH 503-467-7900 x1 625 SW Broadway, Ste 200 PH 503-224-4438 • 800-449-4438 [email protected] Portland, OR 97205 FX 503-293-8499 www.cogencegroup.com PH 503-223-5168 CELL 503-906-1579 [email protected] Financial forensics | Business valuation. Answers to FX 503-223-5179 complex financial questions. We are accurate, credible, [email protected] www.isdreporters.com and ethical. Our professional team is comprised of all CPAs, passionate about what we do, which translates www.moronesanalytics.com into serving our clients with the very best we can offer. Morones Analytics employs a diverse team of experts Jay Sickler has 30 years of full-time financial forensics who investigate, analyze, and develop opinions on experience. He has testified in more than 150 cases as subjects of commercial damages, individual damages an expert witness, more than many other experts (lost wages, wrongful death), intellectual property combined. Our reputation is built on being skilled in damages, forensic accounting, fraud investigation, big communicating our findings persuasively and with data analytics, and business valuation. View our integrity. We get the job done right, on time, and website to see our resume of cases and to meet our backed up by expert testimony. team of experts.

60 OREGON STATE BAR BULLETIN • JUNE 2020 COURT REPORTERS, CONT. FORENSIC ACCOUNTING LITIGATION SUPPORT/ TRIAL CONSULTING, CONT. NAEGELI Deposition and Trial Cogence Group, PC Consuelo Grumich Jay Sickler, CPA, CFF, ABV, ASA The Law Office of Jeffrey S. Mutnick 111 SE 5th Ave, Ste 2020 935 NW Everett St, Portland, OR 97209 Jeffrey S. Mutnick Portland, OR 97204 PH 503-467-7900 x1 737 SW Vista Ave, Portland, OR 97205 PH 503-227-1554 • 800-528-3335 [email protected] PH 503-595-1033 CELL 503-708-4818 [email protected] www.cogencegroup.com [email protected] www.naegeliusa.com Financial forensics | Business valuation. Answers to www.mutnicklaw.com NAEGELI Deposition and Trial has been known as the complex financial questions. We are accurate, credible, Mutnick Law has been on the side of right for 35 years, leading choice for court reporting and litigation and ethical. Our professional team is comprised of all litigating everything from Personal Injury to Reckless support for over 40 years. Our team of dedicated trial CPAs, passionate about what we do, which translates Driving to Toxic Torts to Wrongful Death and Asbestos experts continually strive to set the industry standard into serving our clients with the very best we can offer. Exposure cases. Mutnick Law will get you the with all-inclusive services and state of the art Jay Sickler has 30 years of full-time financial forensics settlement you deserve, because they’re on your side. technology. From our corporate headquarters located experience. He has testified in more than 150 cases as in Portland, Oregon, and additional offices an expert witness, more than many other experts throughout the United States, we proudly offer our combined. Our reputation is built on being skilled in REAL ESTATE EXPERT clients world-class service. We provide court reporters, communicating our findings persuasively and with WITNESS TESTIMONY video conferencing, videography, legal copying and integrity. We get the job done right, on time, and scanning, trial technology consultants and trial backed up by expert testimony. CastleLyons Corporation technicians, transcription services, and legal Michael K. Ryan, President interpreting—all nationwide. NAEGELI continues to be Morones Analytics, LLC one of the most sought-after firms in the country, Serena Morones Wilsonville, OR offering exemplary service at competitive prices. With PH 619-787-5988 625 SW Broadway, Ste 200 combined decades of experience amongst our expert [email protected] court reporting and trial support teams, NAEGELI Portland, OR 97205 provides peace of mind every step of the way. www.castlelyons.net PH 503-223-5168 CELL 503-906-1579 45-plus years in the real estate Industry as a broker, FX 503-223-5179 developer, home builder, realty advisor, and expert witness. ESTATE PLANNING TEMPLATES [email protected] MBA/USC, broker licenses, and general contractor’s license. www.moronesanalytics.com Ran divisions for privately and publicly-held real estate NobleForms, LLC companies. Seasoned Industry veteran with substantial C. Richard Noble, Attorney at Law Forensic accounting, fraud investigation, data analytics, “real-world” experience. Proven trial testimony on diverse complex damage analysis, intellectual property damages, and complex cases. References available. Watch a 2-minute 2875 Marylhurst Dr, West Linn, OR 97068 lost wages, wrongful death, business valuation. video on www.castlelyons.net. PH 503-635-6235 [email protected] LITIGATION SUPPORT/ Graham Law Group, PC www.nobleforms.com TRIAL CONSULTING Jack Graham, MBA • Automate your estate planning practice using 3265 Liberty Rd SE NobleForms templates. Law Offices of C. R. Hardman, LLC Salem, OR 97302 • Templates cover the logical steps in estate planning. Christopher Hardman PH 503-364-1117 • Sophisticated templates use market leader HotDocs 25 NW 23rd Pl, Ste 6, PMB 497 technology. [email protected] Portland, OR 97210 • Extensive support including numerous recorded www.grahamlawgrouppc.com webcasts and personal support. PH 503-916-1787 FX 503-916-1789 Much experience expert testimony relating to residential • Cloud-based assembly works on PC or Mac. [email protected] sales; former manager Oregon and Washington real • Documents can be edited in Word. estate licensing agencies; can assist at any stage of trial • Affordable at $100 per month with no long-term prep or investigation. contract. • www.NobleForms.com has extensive information. VIDEO SERVICES Discovery Media Productions, Inc. Devin Williams, CLVS 10725 SW Barbur Blvd, Ste 102 Portland, OR 97219 PH 503-892-1998 Please support the [email protected] advertisers who support www.discoverymp.com THANK the Attorneys’ Marketplace.

Want to be featured in YOU! next month’s issue? Check out our featured listings For details, please contact LLM Publications: online at www.osbar.org. phone 503-445-2240 • [email protected]

JUNE 2020 • OREGON STATE BAR BULLETIN 61 Do you have a photograph you’d like to share – beautiful flowers and towering trees, perhaps? Snow-covered peaks or a gorgeous sunset? Let Photo Finish Bulletin readers tag along on your next outing by sending your favorite images our way for Portland lawyer Teresa Statler captured this stunning image “Photo Finish.” of flowers at Les Jardins du Luxembourg, a 60-acre park in Send high-resolution images to Editor the heart of Paris, during a recent trip to France. n Gary M. Stein at [email protected]. Make sure to include your name, and tell us where the photo was taken and what made your trip so special.

16037 SW Upper Boones Ferry Road PO Box 231935 Tigard, OR 97281-1935

COVID-19 Resources for Lawyers

You have access to a free library of resources we’ve compiled to assist bar members with issues related to COVID-19 and Oregon’s Stay-at-Home Order. Earn Oregon CLE credits from this growing list of seminars. Current topics include:

Working Remotely, Managing Crisis in Avoiding Bankruptcy in the Aftermath of the Your Practice COVID Shutdown The Resilient Lawyer The Busy Lawyer’s Guide to Well-Being COVID-19 Help for Small Firms: What Are My Navigating the Changing Family Law Landscape Loan Options? During the COVID-19 Crisis Paying the Pandemic Piper: Managing Student Remote Advocacy: Representing Your Client Debt During COVID-19 During the COVID-19 Pandemic

Search the full selection of free COVID-19 resources at www.osbar.org/cle/resources.html