Examining the Pro Se Justice Gap Innovation Attempts to Curb Troubling Numbers
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JULY 2021 Examining the Pro Se Justice Gap Innovation Attempts to Curb Troubling Numbers Also Inside: Order in the Courts In a Look Back, Oregon’s Judicial System Celebrates Achieving an ‘Electronic Courthouse’ Starting a Legal Career During COVID New Lawyers Adapt to Big Changes in Education, Training OREGON STATE BAR BULLETIN JULY 2021 VOLUME 81 • NUMBER 9 In the 21st century, the courthouse is a place where people without legal training try to make their way through an opaque justice system, a system with rules and procedures designed by the use of lawyers, not laypeople. And state courts all over the country, recognizing the disconnect and the impact it has on access to justice, are looking closely at a variety of problems and some revolutionary solutions. Janay Haas reports. iStock.com/francescoch FEATURES 13 Examining the Pro Se Justice Gap Innovation Attempts to Curb Troubling Numbers By Janay Haas 18 Order in the Courts In a Look Back, Oregon’s Judicial System Celebrates Achieving an ‘Electronic Courthouse’ By Cliff Collins 26 Starting a Legal Career During COVID New Lawyers Adapt to Big Changes in Education, Training By Karen McGlone COLUMNS 7 Bar Counsel 36 Technology The Ethics of Lawyer Ads A Perfect Storm: By Nik Chourey Security Assessments and Penetration Tests 9 The Legal Writer are Crucial A Smattering of Ideas: By Michael C. Maschke, A Check-in on My Lifelong Sharon D. Nelson and Learning Pursuit John W. Simek By Elizabeth Ruiz Frost 54 Parting Thoughts 32 Profiles in the Law Liberating Technology A Passion for Public Service: By Kelly Andersen Dan Bunch’s Career Spans from Military to Circuit Court Bench The Oregon State Bar Bulletin (ISSN 0030-4816) By Melody Finnemore is the official publication of the Oregon State Bar. The Bulletin is published 10 times a year (monthly except bimonthly in February/March and August/ DEPARTMENTS September) by the Oregon State Bar, 16037 S.W. Upper Boones Ferry Road, Tigard, OR 97224. The 4 Letters 44 Bar People Bulletin is mailed to all members of the Oregon State Bar, a portion of the dues for which is allocated 5 Briefs Among Ourselves for the purpose of a subscription. TheBulletin is Moves also available by subscription to others for $50 per 40 Bar News In Memoriam year, $90 per two years, within the United States. 42 Bar Actions Individual copies are $5; back issues are $5 each, 46 Classifieds Discipline when available. Periodicals postage paid at Portland, 50 Attorneys’ Marketplace Oregon 97208. POSTMASTER: Send address changes to Oregon State Bar, P.O. Box 231935, 55 OSB Education & Research Tigard, OR 97281-1935. LETTERS end of bar dues. It is one thing to change their support most? (The answer is sexism, the rules for future members but to retroac- plain and simple.) tively change the rules for senior members Instead, the story simply asserts that is not just, and is causing many resignations the legal industry must become more flex- of loyal bar members. ible, and women in leadership positions will If the bar is in such serious financial make that possible. But all the suggested trouble, I strongly suggest they claim the routes to a better work culture depend on funds held by the Unclaimed Property Sec- the labor of women. What role do men play tion of the Oregon Department of State in the liberation of their female partners, col- Lands, which lists over 20 accounts that be- leagues and employees from the patriarchal long to the Oregon State Bar. biases that assign women the lion’s share of childcare and household maintenance? William Haberlach, Medford I offer the following recommendations for all male partners, colleagues and em- Tired of Ties ployers of female attorneys to begin to rem- In the 1970s, the few female lawyers edy the current state of work-life balance. in this country began objecting to the First, it is imperative that you immedi- dress codes imposed by their firms and the ately examine, evaluate and improve your courts. Specifically, they wanted to wear performance in your current role. Partners, iStock.com/marchmeena29 slacks as an option to the mandatory dress prioritize her work as much as your own. If or skirt. That seems eminently reasonable your children badger Mom while you are Kudos to Joondeph today (if not silly that this choice had to be both working, take notice. Then redirect I read the May issue profile of Bob argued about), but it was highly conten- the children to you for attention at least Joondeph with interest — having worked at tious then. half the time. Keep a tally if necessary. Do Oregon Advocacy Center (later Disability At least they weren’t being strangled by not retreat and close the door. Colleagues, Rights Oregon) for 20 years. Bob staunchly their antiquated, imposed dress code. encourage everyone you work with to put supported staff to pursue upstream prob- During this hoped-for post-pandemic their wellbeing and their families’ well- lems, while advocating for individuals with world, is this a good time for the judiciary being ahead of work, facilitate that where disabilities in jeopardy or pursuing commu- to examine the need to keep some lawyers you can, and ask for support for your own nity integration civil rights. He championed “buttoned-up”? Ties are the last vestige of well-being. Employers, foster an environ- that each person’s case is important; each Louis XIV foppery. What is the judiciary’s ment that celebrates parents’ involvement person’s legal issue informs our greater work need to impose this clothing mandate that in their children’s lives. and each client makes legal work rewarding. should, instead, be optional — like wearing For too long, women have shouldered the burden of making work better for ev- Ted E. Wenk slacks or skirts? eryone. It is time for men to interrogate Tigard A tie is no longer a sign of respect — for the wearer or the viewer. It should go the whether they are living up to the ideals of way of other similar lawyerly traditions: equality in their relationships and at work. Questioning 50-Year Member Then they all need to run the dishwasher Fee Change the wig, great coat, fedora and cigar — not to mention the bourbon in the bottom left and do a load of laundry. n The 2019 HOD meeting approved of drawer. Paige Huntoon, Portland the BOG taking the steps necessary to move from a system of fee discounts based Paul Sundermier, Salem on years of membership to a system of dis- counts based on income and ability to pay. Men Need to Assume Ostensibly, this was felt necessary to avoid More Responsibility an overall licensing fee increase to avoid a The June 2021 cover story (“Demands loss of revenue. This took place after the bar Drive Women to the Brink” by Susan G. honored the admission of the Class of 1968 Hauser) repeatedly asks a question that is in the fall of 2018, and congratulated us on never directly addressed: Why are the male achieving the 50 years of dues-paying mem- partners of female attorneys deserting their bership and assuring us of the vesting of the duties as parents when their partners need 4 OREGON STATE BAR BULLETIN • JULY 2021 BRIEFS State Increases Liability is designed to pay for bar exam fees and Limits for Public Bodies preparation courses for graduating law stu- Oregon’s Office of the State Court dents and recent graduates that further the Administrator (OSCA) has increased the OMLA mission. limits of liability for state and local public This year’s event will be online, with full bodies in cases involving personal injury or details available soon at www.omlalawyers. death and property damage or destruction. com/omlaauction.html. OMLA is a 501(c) OSCA adjusts the limits annually, as (3) non-profit organization committed required by statute. The new amounts take to promoting fair and just treatment of all effect on July 1; they apply to all causes of people under the law, regardless of race or action arising on or after July 1, 2021, and color, through advocacy and education. before July 1, 2022. OTLA’s 2021 Hybrid Convention Based on OSCA’s calculations, the new Will Be Held Aug. 11-13 limits are: While the Oregon Trial Lawyers Asso- • $2,347,700 for injury or death claims ciation intended to have a fully in-person against a state body that involve a single event this year in Salishan, to be COVID- claimant. The old limit was $2,307,500; safe, OTLA has decided to implement a hy- • $4,695,300 for injury or death claims brid virtual/in-person convention for 2021. iStock.com/smolaw11 against a state body that involve multiple claimants. The old limit was $4,615,000; Changes to UTCR • $782,600 for injury or death claims Take Effect Aug. 1 against a local body that involve a single By the Numbers Chief Justice Martha L. Walters has claimant. The old limit was $769,200; approved changes to the Uniform Trial • $1,565,100 for injury or death claims eCourt’s Effect Court Rules, effective Aug. 1. against a local body that involve multiple Changes and out-of-cycle amendments claimants. The old limit was $1,538,300; Full implementation of Oregon’s of special note prohibit attorney logos, wa- • $128,400 for property damage or de- eCourt system was completed termarks or similar images from appearing struction claims against a state or local body five years ago (see page 18) with on pleadings, motions, orders, judgments that involve a single claimant.