Be There in BILLINGS! Annual Meeting Is September 11-14
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JULY 2019 Be There in BILLINGS! Annual Meeting is September 11-14 Helena’s Dan McLean selected as 2019 Jameson Award winner Invoice Payment YOUR LOGO Payment Detail Amount Your Law Firm 1234 Main Street $ 500.00 Anytown, TX 12345 512-555-1234 [email protected] Card Information www.yourlawfirm.com Name on Card Roy Smith Card Number CVV 5555 5555 5555 5555 111 Exp. PAY ATTORNEY August 2020 EASY FOR YOUR CLIENTS, A NO-BRAINER FOR YOUR FIRM. SECURE credit card processing for law firms IOLTA COMPLIANT THE PREFERRED CHOICE For more than a decade, LawPay has been the Approved Member Benefit go-to solution for the legal industry. Our simple of 48 STATE BARS online payment solution helps lawyers get paid faster. LawPay lets you attach a secure payment Trusted by over link to your email, website, or invoices so that 50,000 lawyers clients can pay with just a click. Our solution was developed specifically for law firms, so earned and unearned fees are properly separated and your Powering payments for IOLTA is always protected from any third-party 30+ TOP PRACTICE debiting. Simply put, no online payment processor MANAGEMENT SOLUTIONS has more experience helping lawyers than LawPay. Bar-Approved Contact our legal payment experts at Member Benefit 877-245-4845 or visit lawpay.com/montanabar LawPay is a registered ISO of Citizens Bank, N.A. JULY 2019 VOL. 44 ISS. 8 IN EVERY ISSUE FEATURE ARTICLES 4 PRESIDENT’S MESSAGE EXECUTIVE DIRECTOR'S 5 MESSAGE 6 MEMBER NEWS 12 7 YOU SHOULD KNOW 8 COURT NEWS 24 LEGAL JARGON 25 RISK MANAGEMENT 26 FASTCASE BYTES 29 IN MEMORIAM 30 JOBS/CLASSIFIEDS HATS OFF TO OUR 2019 AWARD WINNERS Helena’s Dan McLean is selected William J. Jameson Award winner. ON THE COVER Missoula’s Eli Parker wins the George L. Bousliman Professionalism Award. Helena’s Abbie Cziok wins the Frank I. Haswell Award. 2019 STATE BAR LEGISLATIVE REPORT The State Bar of Montana had a suc- cessful year defending judiciary in the legisla- 20 tive session. CITING AUTHORITY? Be there in Billings! Get KEEP IT BRIEF ready for the State Bar of Montana’s 45th Annual Brevity is the key to artfully Meeting in Billings, with our weaving authority into your biggest CLE lineup in years, legal writing. and much more. Schedule on pages 16 and 17. 24 WWW.MONTANABAR.ORG JULY2019 3 EXECUTIVE DIRECTOR’S MESSAGE With summer here, our thoughts turn to fall and Annual Meeting With the arrival of mid-summer and historic Northern Hotel have to offer. the return of warm summer weather, We are also pleased to announce we here at the State Bar of Montana are that the Board of Trustees decided at its gearing up for fall and the 45th Annual most recent meeting that the State Bar Meeting which will take place in Billings of Montana will join the ranks of bar Sept. 11-14. organizations around the country who JOHN MUDD Our return to Billings will include help coordinate the state competitions our New Lawyers Workshop, some out- for the National High School Mock standing plenary sessions on Thursday, Trial competition. In fact, our regional Sept. 12, an oral argument before the peer bars in Idaho and Nevada recently See pages 12 to 19 Montana Supreme Court on Friday, played host to the national competition. for profiles of our An- Sept. 13, and four breakout CLE ses- Planning is underway for the first-ever sions presented by sections of the bar. statewide competition next March nual Award winners We will again offer the popular Saturday in Helena to select a team to partici- and information about morning ethics session that debuted at pate in the national competition next the 45th Annual Meet- last year’s Annual Meeting. We will also spring. The Montana competition will ing in Billings. continue the tradition of including a be funded with private support and the silent auction benefit for the Montana event will provide an excellent opportu- Justice Foundation during the awards nity for high school students from across banquet, which will feature the out- the state and for volunteer lawyers standing awardees for this year profiled interested in passing on their knowledge in this month’s magazine. It promises to of trial work. If you are interested in be- be a busy week of cameraderie, superb coming involved or helping support this learning opportunities and enjoying effort financially, please drop us a line at all the Magic City of Billings and the [email protected]. Montana Lawyer Staff Copyright 2019 by the State Bar of BOARD OF TRUSTEES Publisher | John Mudd Montana. All rights reserved. Any copy- Ryan Hennen, Kalispell Editor | Joe Menden ing of material herein, in whole or in Elizabeth Brennan, Missoula 406-447-2200; fax: 442-7763 part, and by any means, without writ- Brian C. Smith, Missoula email: [email protected] ten permission, is prohibited. Requests David Steele, Missoula for such permission or any correspon- The official magazine of the State Kaylan Minor, Dillon Statements or opinions expressed dence for Montana Lawyer should be Bar of Montana published every herein are those of the authors and sent to [email protected]. Channing Hartelius, Great Falls month except January and July by do not necessarily reflect those of the Paul Haffeman, Great Falls the State Bar of Montana, 33 S. Last State Bar of Montana, its officers, Board Postmaster: Send address changes Kent Sipe, Roundup Chance Gulch, Suite 1B, P.O. Box 577, to Montana Lawyer, P.O. Box 577, of Trustees, or staff. Although advertis- Kate Ellis, Helena Helena MT 59624. 406-442-7660; Fax ing copy is reviewed, no endorsement Helena MT 59624. 406-442-7763. J. Stuart Segrest, Helena of any product or service offered by STATE BAR OFFICERS Mike Talia, Helena any advertisement is intended or Montana Lawyer Subscriptions are President Christopher Gray, Bozeman implied by publication. Advertisers are a benefit of State Bar membership. Eric Nord, Billings solely responsible for the content of Alanah Griffith, Subscriptions for nonmembers are their advertisements, and the State Bar President-Elect Big Sky available for $50 per year. of Montana reserves the right to edit Juli Pierce, Billings Shane P. Coleman, Billings or reject any advertising copy for any Ben T. Sather, Billings Advertising rates and subscrip- Secretary-Treasurer reason. The Montana Lawyer is pub- tion information are available upon Jason Holden, Eli Patten, Billings lished monthly, except for combined request or at www.montanabar.org/ Great Falls ABA DELEGATES June/July and December/January Damon L. Gannett, Billings (Montana page/MTLawyer. Immediate issues, by the State Bar of Montana, Delegate) Past President Statements and expressions of located at 33 S. Last Chance Gulch, Shane Vannatta, Missoula (State Bar Leslie Halligan, opinion appearing herein are those Suite 1B, Helena, Montana 59601. Delegate) Subscription price: $50 per year; all Missoula of the advertisers or authors and do Eli Patten, Billings (Delegate at Large) members except retired: included in not necessarily reflect the views of the Chair of the Board dues; $5.00 per copy. State Bar of Montana. Kate Ellis, Helena 4 MONTANALAWYER WWW.MONTANABAR.ORG PRESIDENT’S MESSAGE Consider lending aid to our many veterans in need With approximately 100,000 veter- veterans with claims for disability ans living within its borders, Montana benefits before the Board of Veterans has the second largest population of Affairs (BVA). Pro bono representation veterans per capita in America. In a allows preserving those benefits in their 2012 survey conducted by the State Bar, entirety for veterans. ERIC NORD one-third of those veterans surveyed Montana Legal Assistance to were having difficulties paying their Military Personnel (LAMP) is a group bills, one-third had a veteran-specific le- of attorneys who have agreed to assist gal issue especially concerning veterans’ active duty military and their families. benefits, and one-quarter were expe- Clients are referred through the State If you have a desire to riencing family law issues. Veterans Bar and attorneys agree to provide re- serve those who have have also been the victims of hucksters duced fee services to soldiers and their served their country in who lure veterans into signing over families (a minimum of a 10% reduc- the military, consider their pension and disability benefits in tion in fees). volunteering or con- exchange for cash loans that yield a lot The Montana Legal Services less money for them. More recently, Association (MLSA) also assists veter- tributing to one of the veterans and their families have been ans and their families, especially those organizations men- scammed by some companies charging of low or limited means, by providing tioned in this column. a lot of money for services offered free legal information, advice, and other It may mean a great through the government. services free of charge. MLSA works deal to those who have In 2014, the State Bar of Montana’s both on individual cases and under a given so much. Law-Related Education Committee systemic approach to help people keep conducted a legal needs assessment their housing, preserve their public ben- of Montana veterans and active mili- efits, protect their finances, and much tary. This assessment confirmed what more. was found in the 2012 survey and also The State Bar also has a Veterans’ noted that most veterans were trying Law Section which was established to to resolve their problems without legal identify, coordinate and help resolve assistance. The cost of legal assistance legal issues affecting our military vet- and the lack of resources to pay for an erans, including pro bono assistance. attorney were put forward as a couple of Section membership is open to all at- the possible barriers to veterans seeking torneys and Paralegal Section members resolution of their problems.