JULY 2019
Be There in BILLINGS! Annual Meeting is September 11-14
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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. of the State Bar, and not just those who To assist Montana veterans as well are veterans. as active military personnel, several If you have a desire to serve those legal programs have been set up either who have served their country in the by the State Bar, the Supreme Court, military, consider volunteering or con- or the Law School. One such program tributing to one of these organizations. is Montana Attorneys for Montana It may mean a great deal to those who Veterans (MAMV) which is a joint have given so much. effort between the Supreme Court and Eric Nord is a partner at Crist, Krogh the law school. MAMV is designed as & Nord in Billings. a pro bono program to assist Montana
WWW.MONTANABAR.ORG JULY2019 5 MEMBER NEWS
CAREER MOVES Felt, Martin, Frazier & Weldon welcomes Moen HAVE NEWS TO SHARE? Dougherty joins Appellate as associate attorney Services Bureau at Montana The Montana Lawyer Attorney General’s Office Felt, Martin, Frazier & Weldon, PC welcomes news about is pleased to welcome Kyle A. Moen as Montana legal professionals The Attorney General’s Office at an associate attorney. Moen was raised including new jobs, honors, the Montana Department of Justice in Billings. publications, and other welcomes Michael After major- accomplishments. Dougherty as a ing in biology Please send member new assistant attor- and philosophy at news and photo submis- ney general in the Whitman College, sions to editor@montana- Appellate Services he went on to bar.org. Submitted photos Bureau. get his J.D. from should be at least 200 ppi Dougherty is a the University by two inches wide for head 2015 graduate of of Colorado Law and shoulders shots. the University of School before Email or call 406-447-2200 Moen Dougherty Montana School returning home to with questions. of Law. Following Montana. a clerkship with Moen most recently served as Chief Chief U.S. District Court Judge Dana L. Legal Counsel for the Montana Office Christensen, he started a solo practice of Public Instruction. He will practice law firm. More recently, he was an assis- in a variety of areas, including educa- tant public defender in Ravalli County. tion, labor and employment, real estate, the U.S. Ninth Circuit Bankruptcy He also holds a Master of Public probate, and business planning. Appellate Panel; U.S. District Court Administration from the University of HONORS for the District of Montana; the U.S. Montana. Court of Claims, the U.S. Tax Court, Rhoades invited to speak the U.S. Immigration Court for the Jake Miller joins Datsopoulos, Districts of Montana, Washington MacDonald & Lind law firm at Texas firearms law CLE and Colorado, and the U.S. Board of The State Bar of Texas has invited Immigration Appeals. He has also Datsopoulos, MacDonald & Lind been admitted to practice pro hac vice is pleased to welcome Edward “Jake” Quentin Rhoades of Missoula to speak at its annual Firearms Law CLE course before circuit courts in Alaska and Miller as an associate with the firm. federal courts in the Western District Miller was born in Anchorage, on Sept. 13, 2019, in Austin, Texas. Rhoades has been asked to speak on the of Arkansas, the Eastern and Southern Alaska, and grew Districts of Texas, the Western District up in Lolo, Mont. topic of Defending the Same Shooting in Civil and Criminal Courts. of Washington, and the District of He attended Minnesota. the University Rhoades is a founding member Rhoades’ practice is focused ex- of Montana clusively on litigation, especially in (B.A., English of Rhoades, Siefert & Erickson, PLLC. matters to be presented to a jury. He Literature, 2010) places an emphasis on serving small and went to law His statewide practice is focused businesses and individuals with trials school at Gonzaga and appeals. This focus has given him a University School exclusively on liti- Miller gation, especially broad range of trial experience includ- of Law in Spokane, ing business, commercial and real es- Wash. He was in matters to be Rhoades tate law; personal injury and wrongful admitted to practice law in Montana in presented to a jury. He has a wealth death; airplane crashes; bad faith; con- 2018. struction litigation; forest fire lawsuits; During law school, he was the co- of courtroom experience before both Montana and federal trial and appellate self-defense; felony criminal defense; president of Gonzaga’s Environmental legal and professional malpractice; and Law Caucus and a member of the courts. He is admitted to practice be- fore the United States Supreme Court; political practice and election law. He Gonzaga Intellectual Property Law is a regular speaker on topics involving Association. He completed his clinical the Montana Supreme Court; the U.S. Eighth Circuit Court of Appeals; the firearms law, jury trial techniques and work at the Gonzaga School of Law’s legal ethics. Environmental Law Clinic. U.S. Ninth Circuit Court of Appeals;
6 MONTANALAWYER WWW.MONTANABAR.ORG Williams awarded certified mediator with family designation by MMA
Anna M. Williams, owner of Anna Williams Law PLLC, has been awarded the certified mediator with family designation by the Montana Mediation Association. The CMF designation is only awarded after successful comple- tion of an advanced curriculum that includes a significant attainment of qualifying experience. MTMA- Hannah Wilson certified media- tors are recog- MT Supreme Court Clerk Wilson to nized experts in dispute resolution aris- teach in Serbia as Fulbright scholar ing in business, Montana Supreme Court law “This fellowship will help shape Williams employment, clerk Hannah Wilson has been my international legal career and housing, finance, awarded a nine-month Fulbright create opportunities for me to real estate, neigh- Scholar grant to teach in Serbia. contribute to my legal communi- borhood associations, construction, It will be the second major ty through scholarship. I espe- agriculture, education, small claims international trip in the past two cially look forward to sharing my and other areas where conflicts years for Wilson, who aspires home culture with my Serbian arise. MTMA is a nonprofit, profes- to a career in international law colleagues, who I hope will share sional association encompassing and eventually hopes to be- theirs with me.” all of Montana. Of the estimated come a Foreign Service Officer. Wilson, who was admitted 81 Montana mediation members, During law school Wilson did to the State Bar of Montana in only 24 currently hold the CMF an internship working at what April 2018, currently works as a designation. is now the UN Mechanism for judicial law clerk to the Justice Williams also conducts appel- International Criminal Tribunals Dirk Sandefur of the Montana late mediations and volunteers at the in The Hague, Netherlands. Supreme Court. A Kalispell Community Mediation Center in During her Fulbright year she native, she is a 2017 graduate Bozeman. will assist in teaching courses at of the University of Montana’s the University of Niš, Faculty of Alexander Blewett III School of Philosophy, and continue study- Law, where she was a Blewett ing international criminal law Scholar and a member of the and transitional justice. Montana Law Review. She gradu- “I am honored and excited to ated summa cum laude from take on the challenge of living Montana State University in 2015 in Niš, Serbia, for 9 months as a with degrees in economics and Fulbright scholar,” Wilson said. history.
BETTR SECTION MENTOR PROGRAM New to transactional practice? Don’t know where to find answers? Providing limited- scope input within the mentor’s discretion, a mentor from the BETTR section may be able to help. To learn more, or to find a mentor, email Kathleen Magone, chair of Education and Outreach Committee of the BETTR section, at [email protected].
WWW.MONTANABAR.ORG JULY2019 7 YOU SHOULD KNOW Attorney coaches needed for high school mock trial competition’s inaugural season The State Bar of Montana’s Board Kacey Askin. existing staff resources and will seek of Trustees has approved a proposal to The plan calls for a state competi- private funds to support the program. create a statewide high school mock trial tion to be held each spring starting in Any Montana high school, public competition in Montana. 2020. Known costs that the bar will or private, will be allowed to create up Montana is currently one of the cover include $250 for membership in to three teams consisting of six to nine few states in the country without a the National High School Mock Trial students. Each school must have at least high school mock trial competition, organization, and $500 to register the one faculty coach and one attorney although mock trial teams from Helena Montana champion team to compete at coach. have competed in Idaho since 2015, the 2020 National Championship May If you are interested in helping start led by attorney coaches David Morine 6-9 in Evansville, Ind. The State Bar will a high school mock trial team, please and Kayleigh Morine and faculty coach administer the state competition with email [email protected]. Bar members can save 35% on Identillect email encryption service The State Bar of Montana has in- Delivery Trust is an award-winning, creased the discount offered to Active multi-platform plug-in that gives users Attorney members on a simple and complete control of their emails, for secure service to protect sensitive email one low price. One simple integration communications. complies with all regulations and most Earlier this year, the bar selected in May decided to forgo any royalties it importantly provides peace of mind. Identillect Technologies Corp.’s would have received from members who For more information, or for a free Delivery Trust email encryption service use the service, instead opting to provide trial, please visit www.identillect.com. as the preferred solution for bar mem- a larger, 35% discount for members. Use the code SBM20 to receive the 35% bers to protect their sensitive commu- Identillect is a trusted leading discount. nications. The bar’s Board of Trustees provider of compliant email security.
Mark your calendars! The Alexander Blewett III School of Law at the University of Montana invites you to participate in: On-Campus Interviews Fall 2019
Interview 2L and 3L students for intern, law clerk, and associate positions during our semi-annual OCI program. To advertise a position and set up an interview schedule please: • Log in to Networkx at https://law-umt.12twenty.com/hire; • Complete the Fall OCI Job Posting Form on our website; OR • Contact Christina Tin at [email protected] | (406) 243-6169.
October 2 - 5
8 MONTANALAWYER WWW.MONTANABAR.ORG COURT NEWS Dye, Mansch, Marks, Sherwood nominated for judicial vacancy in 4th Judicial District The Judicial Nomination Innocence Project. Mansch is a 1983 been in private practice as a sole practi- Commission has forwarded the names graduate of the Creighton University tioner or as a partner his entire career. of four Missoula attorneys to Gov. Steve School of Law. Before joining the He was the Montana Trial Lawyers Bullock for appointment to an upcom- Innocence Project, he was managing Association’s Trial Lawyer of the Year ing judicial vacancy in the 4th Judicial partner at Mansch and McLaverty. in 1988 and the Montana Association District. He served as a Judge Advocate of Criminal Defense Lawyers’ Criminal The 4th Judicial District covers General for the Montana National Defense Lawyer of the Year in 2000. Missoula and Mineral Counties. The Guard from 1991-2011 and he was a The governor will choose one of the four nominees are: Missoula County Public Defender from four to replace the Honorable Karen • Travis Benjamin Dye, 47, a 1985-1999. Townsend, who is retiring after eight partner at Kalkstein & Dye. Dye is • Jason Troy Marks, 41, chief years on the bench. a 2001 graduate of the University of deputy county attorney for the Missoula Ten attorneys applied for the open- Montana School of Law. After law County Attorney’s Office. A 2005 ing. Before nominating Dye, Mansch, school he clerked for U.S. District Court graduate of Temple University School Marks and Sherwood on July 16, the Chief Judge Donald L. Molloy. He of Law, Marks has worked for the commission took public comment and was an associate at Phillps, Bohyer & County Attorney’s Office since 2001. He interviewed all 10 applicants. Hedger for four years before joining his previously worked for the Office of the Commission members are District current firm, first as an associate then as State Public Defender and the Missoula Judge John C. Brown of Bozeman; a non-equity partner. He was the 2017 County Public Defender’s Office. Janice Bishop of Missoula; Karl Englund winner of the State Bar’s Neil Haight • Michael Joseph Sherwood, 68, of Missoula; Elizabeth Halverson of Pro Bono Award. president of Michael J. Sherwood, P.C. Billings; Hal Harper of Helena; Lane • Larry Dean Mansch, 61, A 1977 graduate of the University of Larson of Billings; and Nancy Zadick of legal and clinic director of Montana Montana School of Law, Sherwood has Great Falls.
9 members appointed to network evaluating guardianship, conservatorship
Chief Justice Mike McGrath in June appointed nine MEDIATIONMEDIATION – –It’s It’s a lifelonga lifelong study study members to two-year terms an interdisciplinary network to MEDIATION – It’s a lifelong study and a specialty all its own. evaluate laws, services and practices related to adult guardian- and a specialty all its own. ship and conservatorship. and a specialty all its own. Dominic (Dee) Carestia The Working Interdisciplinary Network on Guardianship Dominic (Dee) Carestia will provide ongoing evaluation of adult guardianship and Attorney/Mediator/ArbitratorDominic (Dee) Carestia Attorney/Mediator/Arbitrator conservatorship. The network’s duties include: Attorney/Mediator/ArbitratorGraduate, Attorney Mediator’s ■■ Identifying strengths and weaknesses in the state’s cur- Graduate, Attorney Mediator’s Institute,Graduate, 1996 Attorney Mediator’s rent system of adult guardianship and conservatorship; Institute, 1996 AdvancedInstitute, AMI 1996 Mediation ■■ Identifying less restrictive options for those for whom Advanced AMI Mediation Training,Advanced 1997 AMI Mediation guardianship or conservatorship is sought; GraduateTraining, AMI 1997 Mediation Training, 1998 Training, 1997 ■■ Reviewing national standards on guardianship and con- OverGraduate 3,000 settled AMI Mediation mediations Training, since 1996 1998 GraduateOver 3,000 AMI settled Mediation mediations Training, since 1998 1996 servatorship practices and recommending standards for 98.6% success rate on mediated cases since 1996 Over98.6% 3,000 success settled rate mediations on mediated since cases 1996 since 1996 adoption in Montana. Member, National Association of Distinguished 98.6%Member, success National rate Associationon mediated of cases Distinguished since 1996 The Honorable Dan Wilson of Kalispell will represent the Neutrals Member,Neutrals National Association of Distinguished state district courts and serve as the presiding officer. Helena Creating and implementing innovative mediation NeutralsCreating and implementing innovative mediation lawyer Erin Maclean will represent the State Bar. Other mem- techniques and methods since 1996 . . . Creatingtechniques and implementing and methods innovative since 1996 mediation . . . bers include advocates for senior citizens and the develop- techniquesand still and setting methods the pace! since 1996 . . . and still setting the pace! mentally disabled; a professional and an unpaid guardian or Dominic (Dee) Carestiaand |still P.O setting. Box 104, the Wise pace! River, MT 59762 Dominic1221 (Dee)Jerry CreekCarestia Road | P .|O Phone:. Box 104, 406 Wise-832 River,-3317 MT 59762 conservator; a representative from Adult Protective Services; Dominic (Dee) Carestia | P.O. Box 104, Wise River, MT 59762 Email: [email protected] Jerry Creek | Teresa’sRoad | Phone: Email: [email protected] and a health care provider experienced in working with 1221 Jerry Creek Road | Phone: 406-832-3317 Email: [email protected] | Teresa’s Email: [email protected] patients in need of guardianship. The State Law Library of Email: [email protected] | Teresa’s Email: [email protected] Montana will provide administrative support for the network.
WWW.MONTANABAR.ORG JULY2019 9 STATE BAR OF MONTANA LAWYER ASSISTANCE PROGRAM
Stress? Anxiety? Depression? Substance abuse or gambling addiction? You don’t have to go it alone. 24-HOUR HOTLINE 406-660-1181 WWW.MONTANABAR.ORG/PAGE/LAP
10 MONTANALAWYER WWW.MONTANABAR.ORG WWW.MONTANABAR.ORG NOVEMBER2018 25
2018 November2.indd 25 11/22/2018 11:18:18 PM COURT NEWS DeSoto selected as US magistrate judge for Missoula Kathleen DeSoto has been selected DeSoto has been in private practice Law Section. as U.S. magistrate judge in the Missoula since 2001 with the Missoula firm of DeSoto was raised in Missoula and Division, the U.S. District Court for the Garlington, Lohn & Robinson, where graduated from Loyola Sacred Heart District of Montana has announced. she is currently a partner. Her prac- High School. She earned a bachelor’s de- DeSoto, 51, will tice areas include insurance coverage, gree from Santa Clara University in 1989 be sworn in on defense of insurance unfair claims and attended graduate school at the Friday, Aug. 3. She practices act cases, school liability University of Montana. She graduated will succeed U.S. defense, legal malpractice, and federal with highest honors from the University Magistrate Judge criminal defense. She is a member of the of Montana School of Law in 1999. After Jeremiah Lynch, American Bar Association, the Federal graduation, she clerked for United States who announced Bar Association, and the Western Chief District Judge Jack D. Shanstrom last year that he Montana Bar Association. She is a for- in Billings for two years. will retire effective mer lawyer representative to the Ninth The District of Montana has three Aug. 3. She will Circuit Court of Appeals and is past- full-time magistrate judge positions, DeSoto be the first female president of the Federal Bar Association located in Missoula, Billings, and federal judge in the for the District of Montana and a past- Great Falls. DeSoto will become Missoula Division and the third ever in president of the Western Montana Bar the third magistrate judge to serve Montana. She was selected from a group Association. She is chair of the State Bar on a full-time basis in the Missoula of finalists by a court-appointed merit of Montana’s Federal Practice Section Division. Her appointment takes ef- selection panel. and a past officer with the bar’s School fect on Aug. 3, 2019.
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WWW.MONTANABAR.ORG JULY2019 11 2019 WILLIAM J. JAMESON AWARD
12 MONTANALAWYER WWW.MONTANABAR.ORG Humbling Honor By Joe Menden
Longtime Crowley Fleck Partner Dan McLean selected for award named after his mentor and first boss, Judge William J. Jameson
laine Gagliardi was newly make the same difference in the lives of “I don’t see myself that way,” said out of law school working others as I entered into the practice of McLean. “To have my name associated as a federal law clerk when law,” said Gagliardi, now a professor at with Judge Jameson – I don’t consider her judge — the Honorable the University of Montana’s Alexander myself in that caliber. I’m so awed by William J. Jameson — in- Blewett III School of Law. him.” troduced her to another Nearly 40 years after McLean served Clearly, many feel otherwise. McLean former clerk of his. his clerkship with Judge Jameson, the was nominated for the award this year Judge Jameson proudly told State Bar of Montana will present him by Montana Legal Services Association, Gagliardi about McLean’s work and his with the bar’s highest honor – the and his nomination received numerous commitment to the law and his clients. William J. Jameson Award – at its 2019 letters of support, including from Gov. Coming from the legendary Montana Annual Meeting in Billings September Steve Bullock, MLSA Executive Director jurist who was noted for his measured 11-14. McLean said it was an emotional Alison Paul, Gagliardi, senior partners assessments of others, both positive and moment that brought tears to his eyes and junior associates alike from Crowley negative, it was high praise — and it when he learned he had been chosen for Fleck, and other respected attorneys made an impression. the award named after his former boss and philanthropic leaders throughout “I remember only hoping that I could and mentor. Montana.
WWW.MONTANABAR.ORG JULY2019 13 Jameson Award Winners
2019 – Dan McLean, Billings 2018 – Greg Murphy, Billings 2017 – Robert Minto, Missoula 2016 – Robert Carlson, Butte 2015 – Damon Gannett, Billings 2014 – D. Patrick McKittrick, Great Falls 2013 – Klaus Sitte, Missoula 2012 – J. Martin Burke, Missoula 2011 – Sherry Scheel Matteucci, Billings 2010 – William “Duke” Crowley, Judge William J. Jameson sits with McLean in this photo taken in 1980 Missoula when McLean was Jameson’s law clerk. (Photo courtesy of Dan McLean) 2009 – Jeremy Thane, Missoula 2008 – John Connor, Helena assistance Dan has given directly to peo- In her letter, Paul noted that McLean 2007 – Hon. Gordon R. Bennett, shepherded MLSA through difficult -de ple in need has made a difference in the cisions when he was the organization’s lives of Montana’s neediest citizens. I’m Helena board president several years ago amid proud of Dan’s involvement with MLSA 2006 – Perry “Jim” Moore, Bozeman federal funding cuts to legal aid. He and honored to endorse his nomination continues to be a passionate advocate for the William J. Jameson Award.” 2005 – Hon. John C. “Skeff” Sheehy, for legal aid, she said, and has served as As committed as McLean is to legal Helena a mentor to MLSA attorneys on com- aid and pro bono work, it is far from the 2004 – Molly Shepherd, Missoula plicated trust and probate cases. Even in limit to his service to the profession. He retirement, she said, McLean regularly served on the Montana Supreme Court’s 2003 – Hon. John L. Peterson, Butte volunteers for pro bono work. Commission on Practice from 2010 2002 – George L. Dalthorp, Billings “Dan McLean’s career has been until his retirement. He has served in grounded in the belief that a healthy many capacities including on the Board 2001 – Judge James R. Browning, legal system relies upon the active of Trustees and as chair of the bar’s San Francisco commitment to public· service of the Business, Estates, Trusts, Tax and Real 2000 – Thomas P. Koch, Hamilton members of the legal profession,” Paul Property Section. He has been a board said. “He has demonstrated his dedica- member or volunteer for numerous lo- 1999 – Carl M. Davis, Dillon tion to this ethic in every facet of his cal and state nonprofit organizations. 1998 – Ward Shanahan, Helena professional and personal life, and the He also has an AV Preeminent 1997 – Neil Haight, Helena 1996 – William Bellingham, Billings DAN MCLEAN J. Jameson, Senior U.S. District 1995 – Alex Blewett, Jr., Great Falls Judge, 1980-1981; attorney, Home: Helena Crowley Fleck, 1981-2019. 1994 – William H. Coldiron, Helena Education: University of Professional Honors: 1993 – Sherman V. Lohn, Missoula Montana School of Law, J.D., 2019 William J. Jameson High Honors, 1980; Harvard Award; AV Preeminent Rating 1992 – Jack Dietrich, Billings University, A.B., cum laude, by Martindale-Hubbell; Best 1991 – Leonard Schulz, Dillon 1975; Anaconda High School, Lawyers in America for Trusts 1990 – Rockwood Brown, Billings 1971, valedictorian. and Estates (since 2006); Professional Career: Law Mountain States Super Lawyers 1989 – Robert A. Poore, Butte clerk to the Honorable William (2007, 2011-2012).
14 MONTANALAWYER WWW.MONTANABAR.ORG I HAD A GREAT CAREER. I HAD THE PRIVILEGE OF BEING A LAWYER.”
DAN McLEAN, 2019 JAMESON AWARD WINNER
Rating from Martindale-Hubbell, has integrally involved in the profession of he was a pallbearer when the judge died been listed since 2006 in Best Lawyers in the law. If you are lucky enough to serve in 1990. Still, he never addressed him as America for Trusts and Estates, and has or spend some time with Dan, it doesn’t anything other than “Judge.” been named a Mountain States Super take long to observe his dedication and McLean calls the Jameson Award a Lawyer multiple times. passion for the law.” humbling honor to cap his career. While “Dan has participated in every area McLean said it was a privilege and an he is proud of his accomplishments – available to him in his profession,” amazing opportunity to start his career he worked hard, he helped grow his Robert G. “Jock” Michelotti Jr. wrote in by clerking for Judge Jameson, whom firm, he always put his clients’ interests his letter supporting McLean’s nomina- he called his inspiration and someone first – he doesn’t see them as worthy of tion. “Whether it be participating with who remained a kind and unassuming acclaim. his peers in ACTEC (American College figure unaffected by his stellar national “I’m a guy who just did his job,” of Trust and Estate Counsel), State reputation. he said. “I had a great career. I had the Bar of Montana, the Commission on He remained close with the judge af- privilege of being a lawyer.” Practice or advancing legislation, Dan is ter his clerkship ended, so much so that
Dan’s years and Between his Judge Jameson I Dan has spent Early in his breadth of experi- active practice know would be his entire ca- career, Dan com- ence have made and public well pleased and reer cultivating mitted himself him a true leader service, I’m would continue professionalism to develop his in Montana’s not sure when to be very proud in the legal field, expertise to legal community. Dan sleeps. He of Dan’s efforts advocating for serve others in He is well-known is absolutely in improving the profession’s his personal and for his profes- committed to the profession role in ensuring professional life. sionalism, ethical the improve- and the law for the public good, Throughout his conduct, and ment of the legal the public good. and mentoring career he has commitment to profession and is Dan, through new attorneys dedicated his advancing the highly deserving his actions, has as they move efforts to using public good. of the Jameson encouraged all from the theory his personal and Dan’s legal award. ” of us to practice of the law to the legal skills to career, span- Kristen Juras with the highest practice. ” help his clients ning nearly four level of ethics Gary Connelly and community.” decades, serves and devotion to Robert G. “Jock” as the model improving the Michelotti Jr. example to all lives of others who practice law through our in our state.” legal system.” Gov. Steve Bullock Elaine Gagliardi
WWW.MONTANABAR.ORG JULY2019 15 2:30- Data Security — Todd Sexton, CEO 3:30pm Identillect Technologies
CONFERENCE AGENDA WEDNESDAY, SEPTEMBER 11 Thursday Plenary Sessions, continued 2:30- The Lawyers Role in Defending 11am-1pm Executive Committee Meeting 3:30pm and Advancing the Rule of Law 1-4pm Paralegal Section CLE (Good for — Hilarie Bass, ABA past president; general CLE credit -- open to all Bob Carlson, ABA immediate past Annual Meeting attendees) president; Cliff Edwards,Interna - 2-5pm Board of Trustees Meeting tional Association of Trial Lawyers 4-5pm Paralegal Section Annual Meeting president 5:30-7:30pm Welcome Reception (Sponsored by 3:30- Meeting Changing Cybersecurity the Paralegal Section) 4:30pm and Technology Trends — Todd CEO Identillect Technologies Ten Restaurant Sexton, THURSDAY, SEPTEMBER 12 5pm- President’s Reception and 6pm 50-Year-Pin Ceremony (Spon- 6am Optional Group Run/Walk sored by Crist, Krogh and Nord, 3.0 mile run or 1.5 mile walk PLLC, Billings) 7am Registration Open 6pm Awards Banquet and Montana 8-10am Optional Events Justice Foundation Benefit (Spon- sored by MyCase) 10am-noon Montana Justice Foundation Meeting FRIDAY, SEPTEMBER 13 Plenary Sessions 7:45- Business Meeting/Distinguished 8:45am Service Awards (Sponsored by 12pm-4:30pm the Alexander Blewett III School 12pm-1pm Lunch Keynote of Law) 1pm-1:30pm Networking Break 8:45- Networking Break (Sponsored 9:15am by Entre Technology Services) 1:30-2:30pm Building Impactful Law Firms by 9:30am- Supreme Court Oral Argu- Tapping into Your Talent Pool — 11:30am -- Nunez v. Watchtower Hilarie Bass, Past President, Ameri- ment can Bar Association 11:30- Break 11:45am
2019 ANNUAL MEETING SEPTEMBER 11-14 BE THERE IN BILLINGS
2 MONTANALAWYER WWW.MONTANABAR.ORG Friday, Sept. 13, continued SATURDAY, SEPTEMBER 14 11:45am- Women Lawyers in Leader- 8-9am Changes to the Montana 1:15pm ship Hon. Susan Watters, U.S. Rules of Professional Conduct District Court, Billings — Betsy Brandborg, State Bar of Montana General Counsel, Helena Breakout Sessions 9-10am The Ethical and Legal Hurdles of Hemp Production — Cort 1:30 - 3:30pm Jensen and Ben Thomas, Mon- Track I Natural Resources, Energy & tana Department of Agriculture, Environmental Law Section — Helena Details to be determined Track II Protecting Your Blind Side: Ad- vanced IP Topics for the General AWARDS BANQUET/ART FOR Practitioner — Bob Griffin, Joel JUSTICE BENEFIT AUCTION Henry, Sarah Rhoades, Antoinette The Annual Meeting’s Thursday evening Tease Awards Banquet will once again feature the Track III Business, Estates, Trusts, Tax & Art for Justice Benefit Auction, with all pro- Real Property Section — Ed Eck ceeds going to the Montana Justice Founda- and Vincent Kalafat tion. Track IV State and Federal Health Sav- The benefit auction, now in its fourth year, ings Programs — Marsha Goet- grown every year. In 2018, the auction raised ting and Joel Schumacher, Montana over $4,000 for MJF. The bar will also honor State University Extension, Bozeman the winners of five of its annual awards at the banquet: William J. Jameson Award (Dan 3:30pm- Plenary Session — Judicial Panel: McLean); George L. Bousliman Award (Eli 4:30pm Hon. Colette Davies, Hon. Jessica Parker, Missoula); Frank I. Haswell Award (Ab- Fehr, and Hon. Rod Souza, 13th bie Cziok, Helena); Neil Haight Pro Bono Award Judicial District, Billings (TBA); Karla M. Gray Equal Justice Award (TBA). 5pm Local Bar Reception
2019 ANNUAL MEETING BE THERE NORTHERN HOTEL IN BILLINGS
WWW.MONTANABAR.ORG MARCH2019 3 2019 STATE BAR AWARDS Parker selected for Bousliman Professionalism Award
By Joe Menden
Missoula’s Eli Parker received the ultimate endorsement of his profession- alism as an attorney when he was nomi- nated for the 2019 George L. Bousliman Professionalism Award. Parker represents clients in invol- untary commitment cases for the Office of the Public Defender. His nomina- tion was submitted by Missoula Deputy County Attorney Anna Conley and was supported by Deputy County Attorneys Suzy Boylan and Erica Grinde — all of whom have opposed him in the court- room in commitment proceedings. His nomination also received letters of sup- port from nearly everyone he comes in contact with in that role, including fre- quent adverse witnesses and Judge Leslie Halligan and Judge Karen S. Townsend of the 4th Judicial District. If the best indicator of a lawyer’s professionalism is the opinions of judges and adversar- ies, it’s hard to imagine a more qualified candidate than Parker, who will receive the award at the bar’s Annual Meeting in Billings Sept. 11-14. Dr. Robert Munjal, a psychiatrist at Missoula’s Providence St. Patrick Hospital, said Parker not only has earned his respect, he has raised his esteem for the legal system as a whole and the important role of attorneys in Eli Parker is the 2019 winner of the State Bar of Montana’s George L. More PROFESSIONALISM Page 28 Bousliman Professionalism Award. Cziok honored for outstanding contribution to Montana Lawyer
Helena lawyer Abbie Cziok was Montana legal community,” Cziok said. clients (June/July 2018), citing it as great, selected for the 2019 Frank I. Haswell The State Bar’s Past Presidents practical advice on improving lawyer- Award for her series of legal writing Committee, chose the winner. It will be ing; and to Mike Talia’s article talking columns for the Montana Lawyer. presented at the bar’s Annual Meeting in with clients about cybersecurity aware- Cziok is an associate at Browning, Billings in September. ness (January 2019), calling it a timely, Kaleczyc, Berry & Hoven’s Helena office. “I caught myself smiling, even laugh- impactful article. Her column, “Legal Jargon,” has ap- ing, at the word play,” District Judge The Haswell Award is given annually peared regularly in the Montana Lawyer Shane Vannatta, a committee member, for the best contribution to the Montana since November 2018. (See page 26 for said of Cziok’s columns. Lawyer. It includes a cash award, en- this issue’s installment.) The committee also gave honorable dowed by former Montana Supreme “I’m honored to be selected, and I’m memtion to P. Mars Scott of Missoula Court Chief Justice Frank Haswell upon grateful to be a part of this wonderful for his article on delivering bad news to his death in 1990.
18 MONTANALAWYER WWW.MONTANABAR.ORG 2019 STATE BAR OF MONTANA ANNUAL MEETING REGISTRATION
Register at www.montanabar.org or by using this form REGISTRATION AND PRICING PRICE A for attorneys practicing five years or more and non-attorney registrants. You may register through September 6 by mailing this com- PRICE B for attorneys practicing under five years and pleted form with payment or, through September 9 by going members of the following sections: Health online to pay by credit card. If you register by Aug. 20 you Care Law; BETTR; Natural Resources, Energy & qualify for a $25 discount. To register online, go to Environmental Law; Intellectual Property Law. www.montanabar.org. Log in to your State Bar account at PRICE C for Paralegal Section members the top of the home page and click on the 2019 ANNUAL MEETING graphic. If you have questions or problems logging Price A Price B Price C in, please contact the State Bar office, 406-442-7660. Paid by Aug. 20: $450 $425 $250 Paid after Aug. 20: $475 $450 $275
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The 2019 Annual Meeting in Downtown Billings Meeting for discounted rate. will be at Billings’ Historic A limited number of rooms Room registration: Call 406-867-6767 NORTHERN HOTEL will be blocked until Aug. 13. More hotel information at Located at 19 North Discounted rates start at $119. www.northernhotel.com/ Broadway, Mention State Bar Annual
More Annual Meeting information and online registration are availaible at www.montanabar.org/ Questions? Email [email protected] WWW.MONTANABAR.ORG JULY2019 19 STATE BAR LEGISLATIVE REPORT
Bar successful during ’19 legislative session marked by improved collegiality
By Bruce Spencer and Ed Bartlett The judiciary was somewhat under attack this session with 28 bill drafts Lobbying reimbursement The Montana Legislature adjourned relating to judges or the judicial system. for State Bar members sine die on Thursday, April 25, day 87 The State Bar successfully opposed The State Bar of Montana of a 90-day biennial session. Bucking bills that were harmful to the judi- affords a refund process for the recent national trend of political ciary and the judicial process, however a pro rata portion of member partisanship this session was more public education about judges and the dues spent on lobbying ef- collegial than any session in recent judicial system is needed before the forts when the bar takes a po- memory. next legislative session. sition on a legislative bill with In addition to improved collegiality, The bar was able to get amendments which a member disagrees. it was also a very successful session in into a bill revising notary law to enable To request a refund, list terms of the success or failure of bills lawyers to satisfy their ethical duties the bill on which you dis- on which the bar took a position. (See regarding notary journals. The notary agreed with the State Bar’s the box on the facing page for the list fight has been ongoing for many years position and send the list to: of bills the bar supported and opposed, and it was nice to see it resolved. Lobbying Refund, State Bar as well as those advocated by voluntary The budget, while still not enough of Montana, P.O. Box 577, bar sections.) to adequately fund the judicial branch Helena, MT 59624.
20 MONTANALAWYER WWW.MONTANABAR.ORG to the level needed, was acceptable both as Minority Leader. In the House, the so-called Solutions Caucus. Although to the Supreme Court and the State Bar. Representatives Greg Hertz (R-Polson) there were 58 Republicans in the House, The judicial pension funds were rein- and Brad Tschida (R-Missoula) were as many as 20 led by Rep. Llew Jones, stated, and HB 175 provided pay raises. elected Speaker and Majority Leader R-Conrad, voted in a bloc with most if while Casey Schreiner (D-Great Falls) not all Democrats on priority issues such Composition of the legislature and served as Minority Leader. as Medicaid expansion, the HB 2 General House, Senate leadership Republicans held a 30-20 majority in Appropriations Bill, infrastructure fund- Republicans controlled both Houses the Senate and a 58-42 majority in the ing and some tax bills. as they have over the past decade. House. These numbers are a bit mislead- Bruce Spencer and Ed Bartlett Senators Scott Sales (R-Kalispell) and ing, however, as a group of moderate served as lobbyists for the State Fred Thomas (R-Stevensville) served Republicans that emerged over the past Bar of Montana during the 2019 as President and Majority Leader and few sessions joined with Democrats be- Legislative Session. Both are past Senator Jon Sesso (D-Butte) returned fore this legislative session began to form presidents of the State Bar.
Status of State Bar Bills Supported evidence laws. Tabled, House Judiciary ■■ HB 182 – Kenneth L Holmlund, R-HD 38. Committee.* Establish the Civil Justice Improvements Act. ■■ HB 484 – Bob Brown, R-HD 13. Revise laws Tabled Senate Judiciary Committee Judiciary.* related to the voter information pamphlet and ■■ HB 217 – Casey Knudsen, R-HD 33, Remove judicial candidates. Tabled, House Judiciary suspension of driver’s license as punishment for Committee.* certain crimes. Signed into law. ■■ HB 485 – Bob Brown, R-HD 13. Revise judicial ■■ HB 274 – Frank Garner , R-HD 7. Provide for the standards commission appointment process. restoration of either party’s name when a mar- Tabled, House Judiciary Committee.* riage is dissolved. Signed into law. ■■ HB 486 – Bob Brown, R-HD 13. Revise judicial ■■ HB 370 – Becky Beard, R-HD 80. Generally revise standards commission complaint process. notary laws. Signed into law. Tabled, House Judiciary Committee.* ■■ SB 203 – JP Pomnichowski, D-SD 33. Add a Bills supported by State Bar Sections District Court Judge to the 18th Judicial District. In addition to the bills the bar supported or op- Died in Committee.* posed, voluntary sections of the bar advocated for ■■ SR 10 – Keith Regier, R-SD 3, Confirm Governor’s the following bills during the 2019 session. appointee to 12th judicial district. Filed with Secretary of State. Business, Estates, Trusts, Tax & Real Property Law (BETTR) Section ■■ SR 11 – Jason W Ellsworth, R-SD 43. Confirm ■■ HB 256 – Connie Keogh, D-HD 91. Allow time of Governor’s appointee to 21st judicial district. death transfer of vehicles and vessels. Died in Filed with Secretary of State. Standing Committee.* ■■ SR 20 – Keith Regier, R-SD 3. Confirm Governor’s ■■ HB 461 – Connie Keogh, D-HD 91 Generally appointee for Water Court judge. Filed with revise the uniform powers of appointment act. Secretary of State. Signed into law. ■■ SR 29 – Diane Sands, D-SD 49. Confirm ■■ SB 225 – Steve Fitzpatrick, R-SD 10. Generally Governor’s appointee to 4th judicial district. revise probate laws. Signed into law. Filed with Secretary of State. Family Law Section Status of State Bar Bills Opposed ■■ HB 268 – Sharon Greef, R-HD 88. Revise concili- ■■ HB 157 – Forrest Mandeville, R-HD 57. ation rules in cases of divorce. Signed into law. Generally revise laws related to disqualification ■■ HB 336 – Connie Keogh, D-HD 91. Generally of judges. Failed on second reading, House.* revising laws on temporary orders for mainte- ■■ HB 246 – Lola Sheldon-Galloway, R-HD 22. nance or support. Died in the process.* Revise laws for out-of-state subpoenas. Tabled, ■■ HB 347 – Sharon Greef, R-HD 88. Revise laws re- House Judiciary Committee.* lated to grandparents’ rights. Signed into law. ■■ HB 442 – Joe Read, R-HD 93. Generally revise
WWW.MONTANABAR.ORG JULY2019 21 The Montana Justice Foundation Board of Directors gratefully acknowledges the following donors for their support of the MJF and the access to justice cause.*
Montana Justice Foundation Society of Justice
HON. WILLIAM J. JAMESON CIRCLE
These donors’ gifts, over the course of their lifetime, meet or exceed $10,000 ALPS Ed & Joyce Eck Matovich, Keller & Williams Law Firm Hon. Beth Baker Hughes, Kellner, Murphy PC Worden Thane, PC Hon. Elizabeth Best Sullivan & Alke, PLLP Robert & Bonnie Minto Boone Karlberg PC Ila B. Dousman Mountain West Bank Cok Kinzler Law Fund, Inc. Mark Refling Crowley Fleck Garlington Lohn & Molly Shepherd Dyrud Law Offices, P.C. Robinson Hon. Karen Townsend
HON. KARLA M. GRAY CIRCLE TRIBUTE GIFTS
These donors’ gifts, over the course of their The MJF gratefully acknowledges those who lifetime, total $5,000 - $9,999 have made gifts in memory or in honor of colleagues, family, and friends. Bolded names Allan Baris & Hon. Mike McGrath are those being remembered or honored. Karen Watts Daniel and Marcy Thomas & McLean IN MEMORY OF IN HONOR OF: Ann Boone Montana Legal James E. Congdon Cynthia J. Martin Burke Services Doug and Dana Robin Turner Christensen, Fulton Association Austin Ted Fellman & Filz, PLLC Moore, Cockrell, Hon. Karla M. Gray Bill & Anne Cole Goicoechea & Thomas Fellman Lamb Law Office First Interstate Bank Johnson P.C. Peggy Probasco’s Mike Lamb Foust Law Office Hon. Keith Strong retirement Hon. David Goetz, Baldwin & Robert & Mary Anonymous Sullivan and Linda Rice Geddes, P.C. Steven Roberts and Stockman Bank Phil and Isobelle Williams Holmes Anna Stradley Allan Karell Tarlow, Stonecipher, Manley Andrea Collins Karell Dyre Haney Weamer & Kelly, Lyle Manley PLLC Sheena Wilson and PLLP Greg Morgan Mike Lamb Tipp & Buley, P.C. John Ilgenfritz Michele Robinson Katrina Wilson Martin Hon. Michael & Katrina Wilson Martin Debra Wheat
To learn more about MJF and our work or to make a tax-deductible contribution, please visit us at 22 MONTANAwww.mtjustice.orgLAWYER or contact us 406-523-3920 | P.O. Box 1917 | Helena, MT 59601-1917WWW.MONTANABAR.ORG
mjf ad 2019.indd 1 7/11/2019 12:21:02 PM Montana Justice Foundation Donors Individuals Victoria Francis Donald and Kristine Babak Rastgoufard Kurt and Sandra Alme John Freeland and MacIntyre Mark Refling Doug and Dana Austin Hon. Shane Vannatta James Madden Hon. David and Linda William Babington, Jr. Brenda Gilmer Kathleen Magone Rice Hon. Beth Baker Oliver and Christina Goe Lyle Manley Kathleen Richardson Ed Bartlett Kyle Gray Katrina Wilson Martin Fred Robinson Michael and Jeneese Janet Guffin Jennifer Massman Michele Robinson Baxter Amy Hall Carey Matovich Peter Romatowski Rebecca Baxter Mike Halligan Hon. Mike McGrath William Roscoe, III Charlotte Beatty Hon. Leslie Halligan Daniel and Marcy McLean Bob Rowe and Melanie Sara Berg David Harris Hon. Michael McMahon Reynolds Thomas and Ann Boone Gail Haviland W. Carl Mendenhall Michael Sales Betsy Brandborg Joe and Marielaine Hegel Crystine Miller Hon. Mike Salvagni Ann Brodsky Richard and Suzanne Laurie Miller Deborah Schaaf Bradford Brown Hildner Robert and Bonnie Minto Kim Schulke Ashley Burleson Ellie Hill W. Scott Mitchell Matthew Semanoff Bob and Cindy Carlson Teri Hogan Carol Grell Morris Martha Sheehy David and Debbie Charles Philip Hohenlohe Gregory Munro Molly Shepherd Danielle Coffman Brian Holland Gregory Murphy Robert Sheridan Andrea Collins John Illgenfritz and Eric Nord Sheri Sprigg Hon. Patricia and Mike Sheena Wilson Jim and Janice Nugent Tom Stonecipher Cotter James Johnson Hon. Carolyn Ostby Jennifer Studebaker Paul Cronin Kristen Juras Kenneth Oster Cynthia Thiel Mark and Sheila Currie Allan Karell Caitlin Overland Matt Thiel Myron A. Currie, Jr Jona Lagerstrom John F. Patterson, III Norma Tirrell Wade Dahood Mike Lamb Alison Paul and Mark Hon. Karen Townsend Andrew Dana Kathryn and Pomerleau Robin Turner Hon. Robert L. Des- Martin Lambert John Payne Mike Weber champs, III William D. Lamdin, III Juli Pierce Jeremiah Weiner Ed and Joyce Eck Connie Leistiko Hon. Jessica Pugrud Mike Wellenstein Thomas Fellman James Lewis Richard Pyfer Anne Yates Steve Fletcher Michael Lilly Marc and Theresa Niki Zupanic Cynthia Ford Jerome Loendorf Racicot
Law Firms Clark Fork Law Offices, PC Jackson, Murdo & Grant, Businesses, P.C. Leading Firms Contributing Firms Foundations, and (donating $1,000 (donating up to $499) Law Office of William F. Other Organizations Hooks or more) Axilon Law Group, P.C. Angora Ridge Macomber Law, PLLC Foundation Karell Dyre Haney PLLP Christensen & Prezeau, Mary S. Obermiller Law Matovich, Keller & PLLP Firehole Craft Brewing Offices Huso, P.C. Connell Law Firm Park and Sweetgrass McLean, Younkin and County Bar Association Lamb Law Office Connors Law Firm, PLLC Willet, PLLC The Roxy Theater Williams Law Firm Gail Goheen, P.C. Moderie Law Firm, PLLC U.S. Bank Foundation Sustaining Firms Geiszler Steele, P.C. Redmon Law Firm, P.C. (donating $500 to $999) Graves & Toennis, P.C. Steve Harman Law, PLLC Christensen Fulton & Filz, Heggen Law Office, P.C. PLLC Hurwitz Law, PLLC
* DonorWWW.MONTANABAR.ORG recognition reflects contributions made to the MJF Annual Gift Campaign the accuracy of the names listed. Should you find an error or an omission,JULY 2019please 23 between April 1, 2018, and March 31, 2019. Great effort has been taken to ensure accept our apologies and contact MJF at 406-523-3920.
mjf ad 2019.indd 2 7/11/2019 12:22:49 PM LEGAL JARGON Brevity is the key to citing authority Abbie Nordhagen with some authority Cziok Boredom is the mother of inspira- that 1999 case. It’s also convincing to tion. They say that right? Each month show that the opposing party’s behavior when trying to brainstorm a topic, I think is more egregious than that of the loser’s Showing about a time in the last few weeks when I in that 1999 case. One of my favorite identical facts was reviewing my writing and felt bored. excerpts from the book was pulled from point by point The time I nearly fell asleep editing a cli- Jamie Gorelick’s brief in Carrington v. ent letter? See January’s article. The time Duke University: “The reason that the when comparing I realized I had an unsettling obsession courts have declined to recognize an cases is tedious with the word “notably”? See May. This employee handbook as part of a contract and boring. It’s month, I drafted so many responses to between an employer and an employee more important motions, that when I started reviewing — avoiding excessive interference in an the most recent, it felt like I was in a fun employer’s internal affairs—appl[ies] to immediately house. Didn’t I already come this way? with even greater force to the university establish a link Why does this sentence not sound like setting.” between your English? It took reading and re-reading As for distinguishing cases, own case and these responses to realize I use the exact Guberman recognizes that the available same formula, paragraph structure, and techniques require a bit more confidence the authority, robotic syntax when comparing and and backbone. He found examples of and weave that distinguishing cases. case interception—showing why the op- through as a I’m returning to “Point Made: How to ponent’s case is only useful to you. One theme. Write Like the Nation’s Top Advocates,” method is to home in on one key differ- by Ross Guberman. Starting on page 127 ence between your opponent’s authority in the Second Edition, Guberman has and the current case. If you remove the 10 chapters with examples of how top foundation, their house won’t stand. I advocates artfully weave authority into love this example from Paul Smith’s brief their briefs. in Brown v. Entertainment Merchants There are a few chapters about how Association: “For example, California to effectively compare cases, and those relies on Bethel School District Number all really boil down to this: Brevity is key. 403 v. Fraser, which upheld regulation of Valuable page space is wasted when we lewd comments at school. But the world rehash all the facts in an authoritative is not a schoolhouse, and this Court re- case to then just rehash, point by point, cently emphasized that Fraser would have the facts at issue in the present case. come out differently had the comments Showing identical facts is tedious and been made outside of school.” Guberman boring. What’s far more important is to further encourages distinguishing a establish a link between our own case and whole line of cases briefly, brushing them the authority immediately, and weave aside as a mere annoyance. that through as a theme. The theme, I plan to “borrow” many of the exam- rather than the side-by-side comparison, ples. Here’s to not falling asleep reading is king. It’s not necessarily important that my own writing. each monotonous fact of my case is like that one from 1999. What is important Abbie Nordhagen Cziok is an is that my case is just the most recent in associate with Browning, Kaleczyc, a long line of well-settled cases. What is Berry & Hoven in the Helena office. compelling is focusing on the similari- She likes rock climbing, skiing, and ties between my client and the one from one space after a period.
24 MONTANALAWYER WWW.MONTANABAR.ORG RISK MANAGEMENT Avoid common misconceptions on purchasing ‘tail coverage’
To this day I still get the occasional call many attorneys, this means the premium from an attorney wanting to know how savings that came with the reduced limits Mark to go about purchasing a tail policy and on the final policy or two will turn out not Bassingthwaighte my response is always the same. I need to to have been worth it. All claims reported make sure that the caller understands there under the ERE will be subject to the avail- really is no such thing as a tail “policy.” able remaining limits of the final policy that Clarification on this point is important was in force at retirement, and this may not because confusion over what a tail is and be enough coverage. What is com- isn’t can have serious repercussions down For example, if you were to reduce your the road. To make sure you don’t end up coverage limits from $1 million per occur- monly referred running with any similar misconceptions, rence/$3 million aggregate to $500,000 per to as a ‘tail here’s what you need to know. occurrence/$500,000 aggregate during the policy’ is An attorney leaving the practice of law last year or two of active practice in order to actually an can’t purchase a malpractice insurance save a little money, you will only have cov- policy, because he or she will no longer be erage of $500,000 per occurrence/$500,000 extended actively practicing law. There simply is no aggregate available to you for all of your reporting practice to insure. This is why an attorney retirement years assuming there was no loss endorsement, can’t buy a tail “policy.” What you are payout under that final policy. For many which attaches actually purchasing is an extended report- that would be an insufficient amount of ing endorsement (ERE). This endorsement coverage to bring peace of mind. Therefore, to the final attaches to the final policy that is in force at if you anticipate wanting those higher limits policy in force the time of your departure from the practice during your retirement years, keep those at the time of of law. In short, purchasing an ERE, which limits in place heading into retirement. your departure is commonly referred to as tail coverage, Unfortunately, while many attorneys provides an attorney the right to report hope to obtain an ERE at the end of their from the prac- claims to the insurer after the final policy career, its availability isn’t a given. For ex- tice of law. has expired or been canceled. ample, most insurers prohibit any insured Again, under most ERE provisions, the from purchasing tail coverage when an purchase of this endorsement is not one existing policy is canceled for nonpayment of additional coverage or of a separate and of premium or if the insured failed to reim- distinct policy. The significance of this is burse the insurance company for deductible that under an ERE there would be no cover- amounts paid on prior claims. An attorney’s age available for any act, error, or omission failure to comply with the terms and condi- that occurs during the time the ERE is in tions of the policy; the suspension, revoca- effect. For example, if a claim were to arise tion, or surrender of an insured’s license to several years after retirement out of work practice law; and an insured’s decision to done in retirement as a favor for a friend, cancel the policy or allow coverage to lapse ALPS Risk there would be no coverage for that claim may also create an availability problem. Manager Mark under the ERE. That is why risk managers An attorney’s practice setting is also rel- Bassingthwaighte, advise against things like writing a will for evant. Particularly for retiring solo practi- Esq. has conducted someone while in retirement. I know it can tioners, insurers frequently provide tail cov- over 1,000 law firm be tempting, but don’t practice a little law erage at no additional cost to the insured if risk management on the side in retirement because your tail the attorney has been continuously covered assessment visits, coverage will not cover any of that work. by the same insurer for a stated number of presented numer- Another often misunderstood aspect of years. Given that tail coverage can be quite tail coverage arises when an attorney semi- expensive, shopping around for the cheap- ous continuing legal retires and purchases a policy with reduced est insurance rates in the later years of one’s education seminars limits in order to save a little money during practice isn’t a good idea as the opportunity throughout the the last few years of practice. The problem to obtain a free tail could be lost. Review United States, and with this is that insurance companies will policy provisions or talk with your carrier written extensively not allow attorneys to bump up policy well in advance of contemplating retirement on risk management and technology. limits on the eve of a full retirement, again, More RISK Page 28 because no new policy will be issued. For
WWW.MONTANABAR.ORG JULY2019 25 FASTCASE BYTES
The State Bar of Montana brings Fastcase legal research as a free member benefit to Active Attorney and Paralegal Section members of the State Bar of Montana. Below are some tips on how to use your Fastcase member benefit more effectively.
Fastcase webinars
Fastcase regularly offers free webinars on how to conduct legal research. Many of these webi- nars are available for Montana CLE credit. Below is the August webinar schedule with links to sign up for each August session. Each 1-hour webinar listed below begins at 11 a.m. Mountain time. Introduction to Legal Research Become a pro at Fastcase 7 on Fastcase 7 Webinar Date: Thursday, New to Fastcase 7? Join Fastcase’s Senior Law Librarian every August 1, 2019 Monday at noon Mountain time for a free tutorial of Fastcase 7. Learn https://register. about new features and searching in Fastcase. Register at https://register. gotowebinar.com/ gotowebinar.com/rt/8172724204113848076. register/2334923287997799939
Data Analytics: Fastcase and Docket Alarm Webinar Date: Thursday, August 8, 2019 https://register. gotowebinar.com/ register/2678426113678166019 Save your search settings ... Introduction to Boolean on Tired of having to set your jurisdiction and document type each time Fastcase 7 you run a new search? Saved Search Scopes let you keep a list of search Webinar Date: Thursday, settings you use all the time, so you can apply them instantly whenever August 15, 2019 you need them in Fastcase 7. To save your search scope, select Options https://register. from the toolbar, Search Scope and add your filters. Then select “Save gotowebinar.com/ this Scope” in blue to the bottom right of the search bar. register/1603359927937312514
Ethics and Legal Research Webinar Date: Thursday, And quickly change those scopes August 22, 2019 https://register.gotowebinar. Quickly identify your current and saved search scopes from the com/register/567414365898045186 home page in Fastcase 7. To change your search scope, select “Change Scope” using the Search Scope panel on the home page or double click on any of your saved search scopes to change it to your current search scope.
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WWW.MONTANABAR.ORG JULY2019 27 RISK as long as certain conditions are met, we with an unlimited reporting period. If provide some of the most comprehensive available to you, the unlimited report- FROM PAGE 25 tail coverage options in the industry, to ing period would be the most desirable, include free individual EREs in event of particularly for practitioners who have in order not to unintentionally lose this retirement, death, disability or a call to written wills during their later years of valuable benefit. active military service. practice. The situation for an attorney who has Be aware that the period in which one The premium charge for an ERE is been in practice at a multi-member firm can obtain an ERE can be quite limited. usually specified in the policy. Often is a bit different. Here, when an attorney Most policies provide a 30-day or shorter the cost is a fixed percentage of the final wishes to retire, leave the profession, or window that will start to run on the effec- policy’s premium and can range from is considering a lateral move and worried tive date of the expiration or cancellation 100% to 300% depending on the duration about the stability of the about-to-be- of the final policy. There are even a few of the purchased ERE. departed firm, some insurance companies very restrictive policies in the market that Given this, if the ERE provisions out- will not offer an opportunity to purchase require the insured to exercise the option lined in your policy language have never an ERE due to policy provisions, because to purchase an ERE on the date of can- been reviewed, now’s the time. the firm’s existing policy will continue cellation or expiration. Given this, you One final thought: Be aware that if to be in force after the attorney’s depar- should review relevant policy language the unexpected ever happens, such as ture. This isn’t as much of a problem at it well before you think about leaving the the sudden and untimely death of an at- might seem in that the departing attorney profession, as the opportunity to pur- torney still in practice, tail coverage can can rely on former attorney language chase an ERE is one you can’t afford to be obtained in the name of the deceased under the definition of insured. However, miss. attorney’s estate if timely pursued in because the definition of insured varies The duration of tail coverage or more accordance with policy provisions. Even among insurers, you should discuss this accurately the length of time under which attorneys who are not nearing retirement issue with your firm’s malpractice insur- a claim may be reported under an ERE should still have some basic awareness of ance representative so options can be varies depending upon what is purchased. ERE policy provisions because one just identified and reviewed well in advance Coverage is generally available with a never knows. of any planned departure. That said, I can fixed or renewable one-, two-, three-, share that under two ALPS policies and four-, or five-year reporting periods or
PROFESSIONALISM that maximizes their autonomy.” what is best on the backburner, to Parker has represented clients in focus on what is true for his clients, to FROM PAGE 18 involuntary commitment cases for OPD advocate for their desires and trust the since 2011. He enjoys it because it’s a system to seek the best interests of the advocating for patients in commitment collaborative process, not as confronta- individual. proceedings. tional as criminal cases are. He feels like “Every person I meet goes there for “His ability to communicate the everyone he works with have the best reasons that aren’t their fault,” he said. importance of due process has tremen- interests of patients in mind. “I make sure they have a say, someone dously helped me with my own experi- “Ultimately, people are trying to do in their corner. I think it’s about provid- ence of my role as a physician and has what’s best,” he said. “We have such ing a level of dignity when they may be often caused appropriate and sober a great group of people working in losing choices in what kind of care they pause when weighing decisions about Missoula. A lot of really compassionate get, and holding the state to its burden involuntary treatment,” Munjal said. “I people. They see what’s going on and of proof.” don’t judge people with what’s a stigma believe strongly that because of the kind Joe Menden is the editor of the of trust he has built that many more pa- in most of society.” Montana Lawyer. You can reach him tients have their needs met, not only ap- Asked what professionalism means at [email protected] or propriately, but more often in a context to him in his job, he said it is to put 406-447-2200.
28 MONTANALAWYER WWW.MONTANABAR.ORG IN MEMORIAM Myles J. ‘Jack’ Thomas Robert Zimmerman Memorial submissions Billings lawyer Myles J. “Jack” Longtime Sanders County Attorney Thomas died Friday, April 26, at age 88. Robert Lowell Zimmerman, 74, of The Montana Lawyer will Jack was born on Sept. 22, 1930, to Thompson Falls, died on July 9, 2019, at publish memorials of State Myles and Virginia Campbell Thomas. St. Patrick Hospital in Missoula. Bar of Montana members at He graduated from Helena High School. Bob was born no charge. Please email submissions During his junior year of law school on Jan. 30, 1945, to jmenden@montana- in Townsend to at the University of Montana, he met bar.org using the subject the love of his life, Lois and Charles line “Memorial.” Memorial Alice Lee “DeeDee” Zimmerman and submissions are subject to Hodges as he was raised in Butte. editing. moved her and He received his his younger sister bachelor’s degree Correction into the dormi- in history-political tory. They eloped science from the The June issue of the Zimmerman on May 29, 1954, University of Montana Lawyer mistakenly included a photograph with about 10 days be- Montana in 1967, a memorial notice of James fore his graduation. completing law school there as well in Thomas Lafayette Shuler. The photo After serving 1972. His career as a prosecuting attor- was not of Mr. Shuler. two years in the U.S. ney spanned 44 years. Navy, he continued his education in The family requests donation in law at New York University, where he Bob’s memory to one of his favorite received his master’s in Taxation. Jack charities: Wounded Warriors, St. Jude’s, and DeeDee moved back to Montana and Shriners. and made their home in Billings, where Bob’s complete obituary is available they raised their five children. at GardenCityFH.com. In 1957, Jack joined the law firm of Coleman, Lamey and Crowley, known today as Crowley Fleck. This launched a career that spanned over 50 years. To Jack, clients weren’t just clients — Joan Murphy Jonkel they were friends. Coworkers were not just coworkers — they were family. In Joan Murphy Jonkel, 83, died at her addition to practicing law, Jack never home in Missoula on May 23. Jonkel knew how to say “no.” He was actively was born on Aug. 26, 1935, in Red involved in the community, serving on Lodge. She earned various boards and committees, includ- an M.A. in literary ing the YMCA, where he was a member criticism from of the national board. the University Memorial donations can be made to of Montana in the “Thomas Kids Gym” at the Billings 1957. After rais- Family YMCA or the Walk to End ing a family, she Alzheimer’s “Jack’s Tribe.” enrolled in law One of Jack’s favorite quotes was school at UM in “Life is not a journey to the grave with Jonkel 1974. She practiced the intention of arriving safely in a pret- employment and ty and well preserved body, but rather to discrimination law. skid in broadside, thoroughly used up, If you would like to share a memory totally worn out, and loudly proclaiming of Joan, please email jonkelfamily@ … ‘WooHoo! What a ride!’” hotmail.com.
WWW.MONTANABAR.ORG JULY2019 29 JOBS & CLASSIFIEDS
CLASSIFIEDS Contact | To post a job on our online Career Center, visit jobs.montanabar.org (Montana Lawyer classified included in price. Use code SBMT100 to save $100!) For all other classified inquiries, email editor@ montanabar.org or call 406-447-2200. ATTORNEYS PARALEGALS desired. Training in litigation will be provided. Pay DOE. Send resume with CHIEF LEGAL COUNSEL: The Montana LEGAL ASSISTANT/PARAGLEGAL: three references to legalassistantli- Department of Commerce in Helena, Faure Holden in Great Falls is seek- [email protected]. Montana, is seeking an individual for ing a legal assistant/paralegal to join Chief Legal Counsel to apply leader- our fast-paced litigation practice. LEGAL SECRETARIES ship skills in a dynamic and rewarding Salary D.O.E. Submit cover letter and LEGAL SECRETARY: Dillon law firm job, while providing legal advice and resume to [email protected] seeks legal secretary to assist at- direction to the Director and other PARALEGAL: Helena law firm is seek- torneys with document production, officials, which directly affects the ing a Paralegal for a full-time posi- filing paper/electronic documents, administration of the Department. tion. Successful candidates will be file organization, calendaring, han- Apply at https://statecareers.mt.gov. proficient in Microsoft Office (Word, dling mail, and typing/proofing Job No. 19141235 Excel and Outlook), Word Perfect and documents. Position is responsible TRANSACTIONAL ESTATE PLANNING: Adobe Acrobat. This position requires for answering telephones, interact- Work and live in the last, best place. excellent organizational skills, abil- ing with clients, and other general Bozeman offers a healthy lifestyle, ac- ity to accurately calendar deadlines office duties. Excellent attention cess to world class education, a pro- and appointments, legal research, to detail and computer knowledge gressive arts and culinary scene, with document drafting and exceptional are musts. Microsoft Office and two ski resorts less than 45 minutes customer service. Knowledge of 3-5 years of office experience pre- away, world renowned fishing and ac- Amicus software is a plus. We offer ferred. Competitive salary, benefits. cess to the best camping, hiking and BCBS Platinum health insurance, Submit cover letter and resume to outdoor activities. Imagine pairing Life & Disability insurance, 401(k) [email protected] or mail that lifestyle with a work atmosphere plan, cafeteria plan and generous to Bloomquist Law Firm, 3355 Colton that is supportive, team oriented, PTO. Wage $22 - $25/hr. Please send Drive, Suite A, Helena, MT 59602. challenging and has been called an resume to [email protected] www.helenalaw.com. uncommon culture. If you are client or mail to: Karen Lindquist, 203 N. oriented and want to be a part of an Ewing, Helena, MT 59601. ARBITRATION/MEDIATION amazing, growing business, then keep PARALEGAL/LEGAL ASSISTANT: Wall, AVAILABLE FOR MEDIATION AND reading. McLean & Gallagher, PLLC, a Montana ARBITRATION: Brent Cromley, Of LITIGATION ATTORNEY: Faure Holden law firm with offices in Helena and Counsel to Moulton Bellingham P.C., in Great Falls is seeking an expe- Anaconda is seeking a full time para- Billings, 406-248-7731, or email at rienced litigation attorney for our legal/ legal assistant for our Helena brent.cromley@moultonbellingham. diverse practice. Competitive salary office. Previous litigation and/or pro- com. and benefits. Submit questions, cover bate experience preferred, but will OFFICE SPACE letter and resume to jfaure@faure- train the right candidate. Competency holden.com. in word processing, Excel, keyboard- MODERN OFFICE SUITES Helena - de- sirable Cottonwood Business Park (off GENERAL LITIGATION: Well- ing and ability to work in a collabora- tive, family friendly and fast paced McHugh and Custer), 2nd floor avail- established, busy Missoula law firm, able 8/15/19 with 4 upscale roomy St. Peter Law Offices, P.C., seeks environment a must. Wide range of legal practice areas creates opportu- offices (1 with kitchenette and sink). general litigation associate attorney. Inviting first floor shared waiting area Professional, fast-paced, collaborative nity for continuing education and self- directed work. Competitive salary and (restrooms up and down). One more atmosphere. Wide, diverse practice, office (also with Kitchenette, sink and including general litigation, personal benefits. Nice place to come to work each day. [email protected] private entrance) also on the first injury, estate planning, business, floor. Ample free parking. Flint@flint- probate, real estate, and tax law. The LEGAL ASSISTANT: Legal Assistant in murfitt.com ideal candidate will have at least 3-5 Downtown Billings: Part-time position years of experience practicing law, to work into full-time within a year. ATTORNEY SUPPORT/RESEARCH/ including general litigation. Salary de- Provide support for one attorney in WRITING pends on experience. Please submit family law and criminal defense mat- available for cover letter, references, and resume ters. Must be organized, detailed, well CONTRACT ATTORNEY hire to assist your firm with brief writ- to St. Peter Law Offices, P.C., to 2620 mannered, and trustworthy. Working ing, legal research, document review, Radio Way, Missoula, MT 59808 or knowledge of Word and Excel. and court appearances. Strong re- [email protected] Minimum of high school education search/writing skills, former UM Law required. Experience in office setting
30 MONTANALAWYER WWW.MONTANABAR.ORG graduate on National Moot Court and and forensic architectural investiga- and U.S. Postal Inspection Crime Lab. Montana Law Review, and profession- tion. Provides consulting and expert Retired from the Eugene, Ore., P.D. al experience at a Missoula law firm. witnessing services. Attorney refer- Qualified in state and federal courts. Contact me at pannabeckerr@yahoo. ences upon request. Frank John di Certified by the American Board of com, (406) 590-5167 Stefano, PO Box 1478, Marion, MT, forensic Document Examiners. Full- 59925, Phone: 406-212-7943. service laboratory for handwriting, I can help. Former BUSY PRACTICE? ink and paper comparisons. Contact MSC law clerk and UM Law honors BANKING EXPERT: 34 years banking Jim Green, Eugene, Ore.; 888-485- graduate available for all types of experience. Expert banking services 0832. Website at www.documentex- contract work, including legal/factual including documentation review, aminer.info. research, brief writing, court/depo workout negotiation assistance, set- appearances, pre/post trial jury inves- tlement assistance, credit restructure, PSYCHOLOGICAL EXAMINATION tigations, and document review. For expert witness, preparation and/or & EXPERT TESTIMONY: Montana more information, visit www.meguire- evaluation of borrowers’ and lenders’ licensed (#236) psychologist with 20+ law.com; email robin@meguirelaw. positions. Expert testimony provided years of experience in clinical, health, com; or call 406-442-8317. for depositions and trials. Attorney and forensic (civil & criminal) psychol- references provided upon request. ogy. Services I can provide include ENHANCE YOUR PRACTICE with help Michael F. Richards, Bozeman MT case analysis to assess for malin- from an AV-rated attorney with more 406-581-8797; mike@mrichardscon- gering and pre-existing conditions, than 37 years of broad-based experi- sulting.com. rebuttal testimony, independent ence. I can research, write and/or edit EXPERIENCED BANKING EXPERT/ psychological examination (IME), ex- your trial or appellate briefs, analyze CONSULTANT – 40+ years of banking amination of: psychological damage, legal issues or otherwise assist with experience 30 years of which were fitness to proceed, criminal responsi- litigation. Please visit my website at in executive management positions bility, sentencing mitigation, parental www.denevilegal.com to learn more. in banks ranging in size from com- capacity, post mortem testamentary [email protected], 406-210- munity banks to multi-billion-dollar, capacity, etc. Patrick Davis, Ph.D. 1133. multi-state banking organizations. [email protected]. www.dcpcmt.com. Executive responsibility for all phases 406-899-0522. CONSULTANTS & EXPERTS of lending, lending disciplines and credit assessment. Special expertise ARCHITECTURAL EXPERT, EVICTIONS in determining borrower creditwor- FORENSIC INVESTIGATION & thiness and the appropriateness of EVICTIONS LAWYER: We do hun- ANALYSIS: 43 years architectural lender behavior. Outstanding legal dreds of evictions statewide. Send experience. Specializing in Contract references upon request. Please your landlord clients to us. We’ll Administration; Specifications; and contact Leon Royer by telephone at respect your “ownership” of their Architect / Owner /Contractor rela- 406-932-4255 or by email at backcas- other business. Call for prices. Hess- tionships. Extensive knowledge of [email protected]. Homeier Law Firm, 406-549-9611, building systems, materials, con- [email protected]. See struction methods; Accessibility FORENSIC DOCUMENT EXAMINER: website at www.montanaevictions. Regulations and Standard of Care; Trained by the U.S. Secret Service com.
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