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Montana State of Montana

Lawyer May 2018 | Vol. 44, No. 8 What is a Paralegal?

Have questions about duties, credentials, pay, certification, billable hour requirements or how much to bill? We have answers | 16 Also in this issue Billings attorney Tom Towe has experience of a lifetime teaching at school in India | 12 Applications sought for Ravalli County District | 8 Stop believing these three lies that negatively impact happiness | 18 Montana answer the call, keep Self-Help Centers in operation | 20 Montana Lawyer 1

The official magazine of the State Bar of Montana published every month except January and July by the State Bar of Montana, 33 S. Last Chance Gulch, Suite , P.O. Box 577, Helena MT 59624. 406-442- 7660; Fax 406-442-7763. INDEX Email: [email protected] State Bar Officers May 2018 President Leslie Halligan, Missoula President-Elect Eric Nord, Billings Feature Stories Secretary-Treasurer Billings Attorney Has Experience of a Lifetime in India...... 12 Jason Holden, Great Falls Immediate Past President What is a Paralegal? Know the Facts...... 16 Bruce M. Spencer, Helena Lawyers: These Lies are Ruining Your Well-Being ...... 18 Chair of the Board Juli Pierce, Billings Montana Lawyers Answer the Call for Self-Help Centers...... 20 Board of Trustees Elizabeth Brennan, Missoula Brian C. Smith, Missoula David Steele, Missoula Regular Features Kaylan Minor, Dillon Ryan Hennen, Kalispell Member News...... 5 Channing Hartelius, Great Falls Paul Haffeman, Great Falls Letters to the Editor...... 7 Kent Sipe, Roundup Mike Talia, Helena Court News...... 8 Kate Ellis, Helena J. Stuart Segrest, Helena State Bar News...... 9 Christopher Gray, Bozeman Lynda White, Bozeman CLE...... 22 Shane P. Coleman, Billings Ben T. Sather, Billings News...... 24 Juli Pierce, Billings In Memoriam...... 28 ABA Delegates Damon L. Gannett, Billings Job Postings/Classifieds...... 29 Shane Vannatta, Missoula Eli Patten, Billings

Montana Lawyer Staff Publisher | Christopher L. Manos Editor | Joe Menden 406-447-2200; fax: 442-7763 email: [email protected]

Subscriptions are a benefit of State Bar membership.

Advertising rates are available upon request. Statements and expressions of opinion appearing herein are those of the advertisers or authors and do not neces- sarily reflect the views of the State Bar of Montana.

Postmaster: Send address changes to Montana Lawyer, P.O. Box 577, Helena MT 59624.

Page 2 May 2018 President’s Message | President Leslie Halligan

The Honorable Leslie Halligan of Missoula is a 4th Judicial Bar has key role in restoring District judge. She previously served as a standing master in the 4th Judicial public’s trust in legal system District and as a deputy county at- torney in Missoula County.

If men were angels, no government four key societal institutions – business, recognizes the critical role that lawyers would be necessary. In framing a govern- government, NGOs, and media. “The can and must play in restoring public ment which is to be administered by men public’s confidence in the traditional trust in our system and the rule of over men, the great difficulty lies in this: structures of American leadership is now law. At its recent strategic planning ses- you must first enable the government to fully undermined and has been replaced sion, the Trustees identified as a primary control the governed; and in the next place with a strong sense of fear, uncertainty goal for the 2018-2020 strategic plan “to oblige it to control itself. and disillusionment.” Edelman reports strengthen the State Bar of Montana’s role — James Madison, Federalist Paper that fewer than one in three individuals as a voice for lawyers and the profession No. 51 (1788) believe that government officials are cred- through programs and resources developed ible. In this crisis, “the biggest victim has to aid the public in understanding the In this quote, James Madison reflects been confidence in truth.” According to judicial system and the , build- that even a government of is ulti- the research: ing confidence in public institutions, and mately “administered by men over men.” Persistent references to fake news, facilitating access to legal services.” To To address this inherent weakness, the linked to headlines around foreign this end, the State Bar is committed to ex- framers of the U.S. devel- government election manipulation have, panding law-related education initiatives, oped an institutional framework, the sep- unsurprisingly, had a cumulative, deep engaging the public in civil discourse aration of powers, to ensure that no one effect on the public. The inability to stem on legal topics, and communicating the person can gain absolute power and stand the perceived surge in disinformation important protections provided to all of above the law. Our system of checks and has proven toxic: 63 percent of the U.S. us by of the rule of law. balances is designed to withstand various general population finds it difficult to We are interested in receiving your assaults on our government. distinguish between what is real news and comments regarding this strategic goal. However, a confluence of factors what is fake. The public is fearful, and Our two-year strategic plan will be is threatening the public’s trust and trust is disturbingly low. presented for approval at the September eroding the framework created by the The public’s declining trust in civil Annual Meeting, to be held in Kalispell U.S. Constitution. Increasing declines institutions threatens the foundations of on Sept. 20-21. We invite you to par- in public confidence in government our society as well as the rule of law, and ticipate in efforts to refine the plan, and and institutions are difficult to battle. ultimately our profession. A democratic to join with us as we implement it. With Edelman, a global communications republic is built on the consent of the your assistance, we will endeavor to im- marketing firm engaged in surveying governed. What happens if the governed prove the public trust, advance the legal the public trust for the past 18 years, withdraw their consent? profession, and ensure that our system of recently identified major declines in The State Bar Board of Trustees justice works on behalf of all Americans.

The State Bar is committed to expanding law-related education initiatives, engaging the public in civil discourse on legal topics, and communicating the important protections provided to all of us by of the rule of law.

www.montanabar.org Page 3 Director’s Message | John Mudd John Mudd, a member of the State Bar of Montana since 2001, became Leading the the bar’s executive director in January. He is a long- standing mem- while serving the public interest ber of the Bar’s Professionalism Committee.

After a long winter, spring has finally workplace, particularly knowledge work- arrived across Montana. Longer days and ers in professions such as our own? What new beginnings remind us that there is are the challenges that these changes will a season for everything. A bountiful fall bring, as well as new opportunities they harvest requires thoughtful work in the may unleash? spring. Lawyers have adapted before: From As Bar President the Honorable Leslie the founding of the republic, to the dawn Halligan notes in her monthly column, of America’s industrial society, to the rise over the past several months, your elected and fall of the dot-com bubble, the pro- State Bar of Montana leadership and fession has provided necessary advice and professional staff have embarked upon a to clients and public leadership in strategic planning effort to chart a course support of the rule of law. Some would suggest, for the next two years and plan for the As an integral part of a self-regulating perhaps correctly, that future of the organization. profession, bar associations, including How do we lead the profession and the State Bar of Montana, will play a vital we are in the midst serve the public, as our mission reads? role in continuing to adapt to a changing Are we delivering excellent knowledge, world. of a Fourth Industrial learning opportunities and value to Our strategic planning process seeks our members? Have we made enough to put the State Bar of Montana on the Revolution. How will progress improving the administration best possible footing for the next two of justice and guaranteeing access to the years by, among other things, continuing these changes same? to improve our relations with the public, affect the workplace, These are the types of important ques- including through educational activities, tions raised during our conversations. improving our communications with particularly knowledge They are framed against a backdrop of members, and ensuring that we continue accelerating technological and societal to strengthen our operations. workers in professions changes sure to affect the profession. As we approach the 2018 Annual Lawyers are not alone in wrestling Meeting in Kalispell where the plan will such as our own? with these questions. At a recent gather- be presented to the Board of Trustees ing of national professional association for final approval, look for continued thought leaders, the topic on the minds of improvements from your bar. And, if chief executives, from the largest interna- you have your own thoughts and ideas tional associations to small bar organi- about how we can continue to improve zations, were the coming effects from and plan for the future, be sure to use the disruptions like artificial or augmented email address [email protected]. intelligence, blockchain and the changing org, to send us your good ideas. digital economy. Some would suggest, perhaps correctly, that we are in the All the best, midst of a Fourth Industrial Revolution. John How will these changes affect the

Page 4 May 2018 Member and Montana News CAREER MOVES lending law; business law and business Montana Lawyer welcomes formation. Von Jentzen joins Kaufman news about members, firms Sullivan is extremely active and well Vidal Hileman known in the real community. He The Montana Lawyer welcomes is a designated instructor for the National Kaufman Vidal Hileman Ellingson has the submission of news about bar Association of Realtors, for the Montana announced that Emily von Jentzen has members, law firms, local bar as- Association of Realtors, and the Graduate joined the firm as an associate attorney. sociation happenings, and topics of Realtor Institute. He has been a guest lec- Von Jentzen obtained a bachelor’s interest to attorneys in Montana. turer at the University of Montana School degree in and a bach- Notices are printed free of of Law, the State Bar of Montana and the elor’s degree in sociology from Central charge. Photos must be at least 300 Montana Land Title Association. In addi- Washington University before earn- ppi at 2 inches wide. News items are tion to being an attorney, he is a Realtor ing her Juris Doctor from University of subject to editing. Items are printed and holds real estate licenses in Montana School as space is available. For more infor- and Montana. He can be contacted at of Law in 2009. mation, please contact Joe Menden, [email protected] 406-728-0810. 406-447-2200 or jmenden@mon- Von Jentzen has ACHIEVEMENTS accumulated a tanabar.org. vast amount of Moseman earns paralegal experience while serving as a certification for the She can be reached at 406-755-5700 or past eight years [email protected]. Tarlow Stonecipher Weamer & Kelly, PLLC is pleased to announce Jenna von Jentzen with the Flathead County Attorney’s Sullivan joins Datsopoulos Moseman has earned her professional Office, the Montana MacDonald & Lind paralegal certification through NALS, the Attorney General’s Office and the association for legal professionals. Kalispell City Attorney’s Office. She has Zane Sullivan has joined Datsopoulos This certification requires a formal extensive experience and knowledge in MacDonald & Lind in an Of Counsel examination to confirm extensive legal the areas of child advocacy and depen- capacity at their knowledge and skills in numerous areas dency law. Missoula office. including research, terminology, inves- In her spare time, in 2013 von Sullivan is admit- tigation, communications, ethics, and Jentzen co-founded The Enduring Waves ted to practice in , and requires a clear under- Foundation, a Montana 501(c)(3) non- Montana and the standing of local, state, and federal proce- profit which raises money for children U.S. District Court, dural rules and substantive law. with special medical expenses through Ninth Circuit and Moseman, a Belgrade native, received her long-distance swimming events. the U.S. Supreme Bachelor of Science degree in sociology Von Jentzen joined Kaufman Vidal Court. His practice with a concentration in criminology from Hileman Ellingson in March. Von Sullivan areas include real Montana State University. She has been Jentzen’s practice areas will include estate transactions, with Tarlow Stonecipher Weamer & Kelly, general civil litigation, nonprofit forma- boundary and title disputes, easements, PLLC for over two years. tion/representation and child advocacy. homeowner associations, real estate Advanced Program

This program is recommended for any lawyer wishing to May 21 - 25, 2018 improve skills with witnesses and courtroom argument whether in trial, deposition or hearing. Dedicated Instructors An outstanding group of highly-accomplished Tuition: $1950 Montana trial lawyers will demonstrate skills CLE: Approximately 30 credits (pending approval) and critique your performance throughout the program. Registration: umt.edu/law-ata

www.montanabar.org Page 5 Member and Montana News 76% pass February bar exam in Montana More than three-quarters of those Reaelene Timm, and Hannah Marie were appointed to four-year terms that who took the February 2018 bar exam in Wilson. expire on April 1, 2022. The Supreme Montana passed. Another four passed the bar exam but Court chose them from a list of the top A total of 34 people took the February still needed to attain a qualifying MPRE three candidates in in elections held in exam, with 26 passing – a pass rate of score and/or attend the Montana Law each area on April 6. 76.4 percent. Seminar to qualify for admission to the The following 22 people passed the State Bar of Montana: Grmoljez appointed to Equal bar and met all requirements for admis- Pay for Equal Work Task Force sion to practice law in Montana, accord- Four new members appointed ing to the Board of Bar Examiners: to Commission on Practice Gov. Steve Bullock has appointed Larissa Kay Anderson; Matthew Scott Helena attorney Aimee Grmoljez to the Beckers; Robert William Berleth; Erin The Montana Supreme Court ap- Equal Pay for Equal Work Task Force. Luthien Burke, Andrew Rhett Butler, pointed four new members to the court’s Gov. Bullock established the task force Ashley Ngoc Carroll, Kathryn Elizabeth Commission on Practice in April. in 2013 to provide recommendations Delans, Melinda Ann Driscoll, Samuel Area A: Randall S. Ogle, Ogle Worm on policies and actions to ensure that Eugene Freudenburg, Jayme Jean Hill, and Travis, Kalispell Montana workers earn equal pay for equal Christine Anne Lewanski, Phoebe Area B: W. Carl Mendenhall, Worden work, regardless of gender. Penelope Marcinek, Katherine Elizabeth Thane, Missoula Grmoljez is a partner with Crowley Merck, Nicole Florine Morton, David Area F: Michael G. Black, attorney at Fleck in its Helena office. Pam Haxby- Michael Murray, Kai Nielsen Puhrmann, law, Helena Cote, Montana Department of Commerce Erik Patrick Rathie, Vincent Axil Tellini Area G: Wm. Nels Swandal, Swandal director, and Galen Hollenbaugh, com- Salminen, Lyndon John Scheveck, Law, Livingston. missioner of the Department of Labor and Morgan MacKenzie Stacey, Megan Ogle, Mendenhall, Black and Swandal Industry, are co-chairs of the task force.

Worden Thane P.C. welcomes Brand Boyar to the team.

Worden Thane P.C. is excited to welcome Brand Boyar to the team. Brand will be serving both the Missoula and Helena communities in the areas of Estate Planning, , Commercial Transactions, Estate and Trust Litigation, and Tax Exempt Organization Law. Brand has been recognized as an “AV” (or Preeminent) attorney by Martindale Hubbell, is a past chair of the Helena Estate Planning Council, and currently serves as chair of the Business, Estates, Trusts, Tax and Real Property Section of the State Bar of Montana. At Worden Thane P.C., Brand will continue to blend his focused BRAND BOYAR transactional practice with a complementary litigation caseload and ESTATE PLANNING, looks forward to serving clients on both sides of the Divide. PROBATE, COMMERCIAL TRANSACTIONS, TAX EXEMPT ORGANIZATIONS AND ESTATE PROVIDING STATEWIDE AND TRUST LITIGATION LEGAL REPRESENTATION WITH CLIENT-DRIVEN RESULTS.

321 W. BROADWAY, SUITE 300 | MISSOULA, MT 59802 | (406) 721-3400 | wordenthane.com

Page 6 May 2018 Letter to the Editor Move On? Or keep on keepin’ on? Submitting a letter to the editor to the Montana Lawyer I just received my copy of the April have had my practice, and I 2018 Montana Lawyer, and I read the look forward to assisting more persons The Montana Lawyer will make article entitled “Is it time to move on?” here, dealing with issues in their mar- every effort to print all letters to the by Jay Lansing. I’d like to follow that up. riage. The pros outweigh the cons. editor submitted by members of the His practice was predominantly criminal It is certainly necessary to not let the State Bar of Montana. ; mine was predominantly family stress of the profession take over, and Letters should be limited to 250 law – both areas of high stress. I partici- there is no rule that we must continue to words. Letters longer than 250 words pated in at least 2,000 divorce, custody, practice law for the rest of our working require prior approval of the editor. child support and adoption cases from life. I have entered the ministry, and I Letters can be sent by mail to 1985 until my move to Texas. will devote the great majority of my time Montana Lawyer, P.O. Box 577, Since that time, I have taught law to that. There is no inherent conflict -be Helena, MT 59624; by email to editor@ at three universities (two face-to-face tween God’s law and man’s law. Should montanabar.org; or by filling out the and one online, and I have been the San I pass the Texas bar exam, I will resume form at the Montana Lawyer web page: Marcos Teen Court Judge for 3 ½ years.) family law, but I will not “live in the montanabar.org /page/MTLawyer. Now, after 33 years of being a member courthouse” as I did in my first 33 years. If you have questions, email edi- of the Montana bar, I am “fixin’ ” to take My Montana law license is very precious [email protected] or call editor Joe the Texas bar exam in July; I have a stack to me and I will never give it up. I’m con- Menden at 406-447-2200. of books approximately 3 feet tall, and fident I will feel that way about a Texas I’m reviewing them daily (and the rule v. license as well. I wonder if practicing in perpetuities still sucks  ). Texas will be as rewarding as practicing While there were many “ugly” cases in Montana? Time will tell. with which I had to deal, and while there were many “difficult” attorneys with Jim Elshoff whom I had to deal, I am very glad to San Marcos, Texas Lawyer Referral & Information Service When your clients are looking for you ... They call us How does the LRIS work? When a call comes into the LRIS line, the caller is asked about the nature of the problem or issue. If an attorney is required, the caller is eferred to an attorney based on location and practice area. The caller then contacts the attorney to schedule an initial consultation.

It’s inexpensive: The yearly cost to join the LRIS is minimal: free to attorneys their first year in prac- tice, $125 for attorneys in practice under five years, and $200 for those in practice over five years. Unlike most referral programs, Montana LRIS doesn’t require you to share a percentage of fees generated from referrals!

You don’t have to take the case: If you are unable, or not interested in taking a case, just let the prospective client know. The LRIS can refer the client to another attorney.

It’s easy to join: Membership of the LRIS is open to any active member of the State Bar of Montana in good standing who maintains a lawyers’ professional liability insurance policy. To join the service simply fill out the Membership Application at www.montanbar.org -> Need Legal Help-> Lawyer Referral and forward to the State Bar office. You pay the registration fee and the LRIS will handle the rest.If you have questions or would like more information, call 406-442-7660 or email [email protected].

www.montanabar.org Page 7 Court News Ravalli Co. Judge Haynes to retire July 31 Ravalli County District Court Judge Applicants sought for 21st James Haynes has announced his retire- Judicial District judge ment after more than 15 years on the . The Judicial Nomination Haynes announced his retirement, Commission is now accepting applica- effective July 31, in a letter to Montana tions for a 21st Judicial District judge Supreme Court Justice Mike McGrath to replace the retiring Judge James A. dated April 13. A new judge will be Haynes of Hamilton. selected through the judicial nomination The commission is accepting ap- process. plications from any lawyer in good Judge Haynes noted in his letter that standing who has the qualifications for the permitted season for the Selway River holding the position of district court ends when his retirement begins, and he judge. The application form is available plans a “50-mile retirement party.” electronically at the commission web- Haynes was first elected in 2002 to a site. Applications must be submitted newly created second department in the electronically as well as in hard copy. 21st Judicial District. He was re-elected in The deadline for applications is 5 p.m., 2008 and 2014. Monday, June 11. A 1982 graduate of the University of A public comment period will Montana School of Law, Haynes prac- run from Tuesday, June 12, through ticed in Hamilton for 20 years before Thursday, July 12. The Honorable James A. Haynes joining the bench. The commission will forward the “It has been propitious – my great names of three to five nominees to good fortune – to have had the first- Gov. Steve Bullock for appointment. hand opportunity to work for Montana’s other similar camaraderie experience was The appointee is subject to Senate Judicial Branch,” Judge Haynes wrote in as a wildland firefighter/smokejumper. confirmation during the 2019 session his resignation letter. “The consistently Bonds formed in adverse conditions. The and must run for election to a six-year stellar and staff have been the fin- parallels with judicial service are remark- term in 2020. The annual salary for the est colleagues. This means much. My only ably similar.” position is $132,567. Recent Montana Supreme Court Opinions Delay in arraignment leads to law,” and that the District Court erred liability. The homeowner, Robert Bassett, overturned drug conviction when it ruled that Gribble needed to show argued that because he was directly actual prejudice to satisfy the unnecessary injured by Lamantia’s actions, Lamantia The court in April overturned a Miles delay standard. owed him a duty of care. The decision was City man’s guilty for drug posses- limited to whether Lamantia owed the sion due to an unnecessary delay in his Court: Public duty doctrine homeowner a legal duty under state law. arraignment. does not shield officer for injury The court held that the public-duty Philip Gribble was arrested on Dec. doctrine recognizes that an officer owes a 21, 2015, after officers found marijuana, The Supreme Court in May ruled that duty to protect and preserve the peace to methamphetamine and other illegal sub- a bystander can sue a Montana the public generally. stances in his car. Gribble was assigned officer personally for an injury the person Accordingly, the public-duty doctrine counsel on Jan. 6, 2016, and arraigned claims was caused directly by the officer’s only applies to an officer’s duty to protect nine days later. The state argued that the negligent actions. the public and does not apply to exclude a delay was due to the Christmas and New The 7-0 ruling was in answer to a legal duty an officer may owe to a person Year’s holidays and because a homicide certified question from the U.S. Court of injured directly by the officer’s actions. that month consumed most of the Custer Appeals for the Ninth Circuit in the case The court concluded that, under general County Attorney’s resources. of a Billings man injured when a police of- principles of negligence, Lamantia owed a The Supreme Court, however, ruled ficer tackled him while pursuing a suspect legal duty to exercise the same care that a that those factors did not justify holding who entered the man’s yard. reasonable officer with similar skill, train- Gribble “incommunicado, unrepresented, Officer Paul Lamantia argued that the ing, and experience would under the same and without the proceedings required by public-duty doctrine shields him from or similar circumstances.

Page 8 May 2018 State Bar News

Plotting out the State Bar of Montana’s future Chris Newbold, executive vice president of ALPS Corporation in the legal profession. See State Bar of Montana President Leslie Missoula, joined the State Bar of Montana’s trustees, staff and Halligan’s message on page 3 to learn more. other stakeholders to facilitate the bar’s long-range planning Newbold, a 2001 graduate of the University of Montana School meeting in Red Lodge in early May. At right is State Bar Execu- of Law who has facilitated similar exercises with state and local tive Director John Mudd. Participants developed a number of bar groups across the country, said he is excited for the future of strategies to advance the bar’s three strategic goals of improv- the Montana bar, which he feels is on an upward trajectory. ing organizational efficiency, enhancing the bar’s engagement with membership and being a more effective voice on behalf of (Montana Lawyer photo)

Montana Lawyer seeks articles All articles included in the issue CLE by the Sea, presented by the State for upcoming issue must be peer reviewed by the State Bar’s Bar of Alaska, will be held Feb. 11-15. Criminal Law Section. The seminar, which is approved for 12.0 The Montana Lawyer is soliciting for Montana CLE credits, including 6.0 articles for a planned upcoming issue of CLE by the Sea offers chance to Ethics. the magazine focusing on criminal law. learn, explore in Honolulu There will also be a variety of optional Bar members who would like to events, including a Hanauma Bay snor- contribute an article for the issue or who State Bar of Montana members in keling tour and a sunset cocktail sail. have an idea for an article should contact February 2019 will have an opportunity For more information, including a full editor Joe Menden at 406-447-2200 or to combine continuing schedule of events and presenter bios, vis- [email protected]. with a vacation in paradise. it www.alaskabar.org/2019CLEByTheSea. www.montanabar.org Page 9 State Bar News Attorneys’ IOLTA compliance helps sustain Montanans’ livelihoods, health and families The Montana Justice Foundation and the State Bar of Montana recently conducted the 2017 IOLTA (Interest on Lawyers Trust Accounts) compli- ance reporting process. While complet- ing the annual certification process is mandatory, reporting is much more than simply fulfilling a professional obligation. Certifying IOLTA accounts is a valuable way Montana attorneys support civil programs and ensure greater access to justice for Montana’s most vulnerable communities. Attorneys’ diligence in maintaining trust accounts and reporting every year leads to big impacts in our civil justice system. With the funds generated through IOLTA, cy pres awards, and donations from the legal community, the Montana Justice Foundation works to achieve equal access to justice for all Montanans through effective grant funding, promot- ing pro bono services, and developing more resources for Montanans in need of legal assistance. Our grant programs serve ordinary Montanans, particu- larly children, low-income families, Native Americans, survivors of domes- tic violence and sexual abuse, elderly Montanans, and veterans. We support projects that help people stay in housing, receive medical care, escape abusive and violent environments, and rebuild their housing in disrepair, medical debt, family working with the health care commu- lives, and many of our current grant proj- violence, denial of senior benefits, em- nity and serving more clients. But, more ects address the connection between legal ployment problems, health care access, importantly, it has also made a tangible problems and other challenges affecting and other issues than can impact patient difference in helping Montanans live Montanans’ health and safety. health. The program recognizes that the healthier, more stable lives. For example, A new program from Montana Legal populations most affected by barriers in community health center staff identi- Services Association – one of Montana accessing legal assistance to justice are fied a client in need of legal services after Justice Foundation’s longstanding also more likely to experience accompa- her abusive former spouse claimed he grantees – demonstrates an especially nying health problems – and that each was not required to return their child strategic and collaborative approach. type of problem can exacerbate the other. after a visitation. The stress of the situa- MLSA joined with the Montana Primary Through a single screening for multiple tion had exacerbated the client’s mental Care Association to create the Montana issues administered at the health center, health challenges, and she feared for the Health Justice Partnership, a program the Partnership extends legal services to health and safety of her child if she were that provides legal assistance to patients rural, migrant, and other hard-to-reach to lose primary custody. As a result of at several community health centers communities while spreading the cost the screening at the health center, the across the state. MLSA’s Health Justice and effort among a pool of partners. client was referred to the MLSA attorney Partnership attorney works as part of a Through the Health Justice working for the partnership. The attor- clinical team to address issues such as Partnership, MLSA has had great success ney successfully negotiated a settlement

Page 10 May 2018 agreement that maintained the client’s programs – since 1986, Montana Justice primary custody of the child, kept the Foundation has granted more than $6 Permanent Order of Protection in place, million in IOLTA funds – Montana’s established a vitiation agreement and IOLTA program is still recovering from safeguards for the child, and secured the severe drop in interest rates during All told,“ Montana child support dating back almost a year. the last decade, and IOLTA revenue has MLSA’s work through the partnership af- dwindled to a fraction of what it once Justice Foundation forded this client improved physical and was. In 2008, revenue from Montana mental health, long-term safety, financial IOLTA accounts totaled nearly $775,000; distributed nearly stability, and the security of her child’s in 2017, these revenues were less than well-being. $200,000. Attorney compliance is more $400,000 iun All told, Montana Justice Foundation important than ever before in accom- distributed nearly $400,000 in grant plishing the IOLTA program’s goal of grant awards to 17 awards to 17 organizations across the achieving justice for all, and the Montana organizations across state in 2017. Like MLSA, many of our Justice Foundation is immensely grateful grantee organizations provide direct to Montana attorneys for certifying and the state in 2017. legal representation. However, the range maintaining their IOLTA accounts. of civil legal aid services provided by Yet, with all the good work that our grantees is much broader, including IOLTA funding has accomplished, mediation services, law-related training Montanans still face significant barriers and education, and Court Appointed to justice. With an ever-increasing recog- Special Advocate programs that recruit nition among our community that access and train volunteers to serve as advocates to high-quality legal aid helps ensure the make a tax-deductible” contribution in for abused and neglected children in the overall health, well-being, and secu- support of legal aid as a critical compo- court system. rity of low-income Montanans, we can nent of vibrant, healthy, and successful While IOLTA revenue provides a continue to expand our work to increase communities, please visit www.mtjustice. critical base of support for these grant access to justice for all Montanans. To org.

NINE WEEK-LONG COURSES WITH CLE OPTIONS

Spend the summer in beautiful Missoula studying Indian Law! The Blewett School of Law invites you to participate in the 11th annual Summer American Indian and Indigenous Law Program: Indian Law Research | June 4 - 8 Mastering American Indian Law | June 11 - 15 American Indian Children and the Law | June 18 - 22 Designing Effective Governmental | June 25 - 29 Alaska Native Law and Policy | July 2 - 6 Native Hawaiian Law | July 9 - 13 Water Law in Indian Country | July 16 - 20 Indigenous Peoples in | July 23 - 27 Public Policy and the Tribes | July 30 - August 3

All courses run from 9:00 a.m. - 12:00 p.m. with the exception of Alaska Native Law and Policy, which will meet July 2, 3, 5 and 6 from 9:00 a.m. - 12:40 p.m. CLE credit for each course can be viewed on the program webpage. CLE registration fees are $650 for all courses.

View descriptions and registration info online at umt.edu/indianlaw

www.montanabar.org Page 11 Feature Article | International Justice

IndiaAN EXPERIENCE IN

Page 12 May 2018 By Tom Towe Lecturing at law school in Punjab state was the opportunity of a lifetime for Billings lawyer

was invited by the Rajiv of Marbury v. Madison and some other The most interesting change is the Gandhi National University important cases in American law. way Frankfurter convinced them to Law School in India, to lecture In addition to several lectures on draft the due process of law clause. It on American law in February. the development of American jurispru- reads, “No person shall be deprived of It was a once in a lifetime dence, the American court system, and his life or personal liberty except accord- experience. The arrangements the importance of the Bill of Rights, I ing to procedure established by law.” were made through the Senior lectured on class actions, and I picked out Frankfurter thought this would prevent Lawyers Program of the probate and enforcement too many interpreting the mean- Center for International Legal Studies of in Montana as examples of how specific ing of “due process of law.” Of course, Salzburg, Austria. issues are handled in the United States. that eliminates the protection against bad IThe RGNUL is a new law school in Actually, I probably learned more laws. In fact the faculty informed me that Patiala, about 150 miles north of Delhi than my students did. I had assumed that the India Supreme Court has, in effect, in the state of Punjab. It has only been in since India was a British colony just as rewritten that section to take care of bad existence for 10 years and is largely sup- the United States was before the Indian laws just as if due process had been used ported by the state of Punjab. There are Constitution was adopted, the legal sys- in the beginning. currently 850 students; by the time the tems would be very similar. I was wrong. On the other hand, another funda- new buildings are complete, they expect In fact, I was quite surprised at the many mental right not found in either our to have 1,000 students. All of them are differences. federal or Montana is the law students. The curriculum includes My first surprise was the length of the right to a free and compulsory education general studies for the first two years; it constitution India adopted in 1947 when for every child between ages 6 and 14. is a five-year course and students come it became independent. The vice chancel- In some ways this is the key to modern in from high school and graduate ready lor of the university gave me a copy; it is India. Not only is education genuinely to take the bar exam so they can become 451 pages long. Part III containing The provided to all, but there is a real focus on a lawyer authorized to practice anywhere Fundamental Rights runs 16 pages. the importance of education at all levels. in India. In 1947, the drafters of the Indian Many go on to college and there even I taught one class for 1½ hours each Constitution contacted then-U.S. seems to be a real effort to obtain post- day for two weeks. It was a voluntary, Supreme Court Felix Frankfurter to help graduate education. India is becoming a non-credit class with about 20 students them draft some portions of it, including highly educated country. who merely received a certificate of the Fundamental Rights. I think that was The biggest difference in India’s completion at the end. In addition, I was a mistake — he encouraged them to list Constitution, is the concept of federal- invited to give one lecture to all of the all of the exceptions to the fundamental ism. The federal government is much approximately 170 students first-year stu- rights immediately following the funda- stronger and has many more powers than dents and another to most of the second- mental rights. For example, freedom of the federal government in the United year students. Then I had two more speech has eight exceptions. The right to States. While there are 19 separate states, large lectures when some of the other assemble must be peaceable and without they far less sovereignty and power than faculty wanted their classes to attend after arms and pursuant to laws passed to our states do. One of the reasons their learning of my discussion of the politics protect the public order. Constitution is so long is that the state

Facing page , clockwise from bottom: The Rajiv Gandhi National University Law School in Punjab state of India was built 10 years ago and is home to The Indian Constitution is much 850 students. longer than the US Constitution — Billings lawyer Tom Towe is shown riding a camel during his visit. 451 pages long. Part III alone, containing A statue in the law library depicts Saraswati, the Hindu goddess of The Fundamental Rights, runs 16 pages. knowledge. (Photos provided)

www.montanabar.org Page 13 constitutions are essentially written into it. The is a political appointee appointed by the president and serves at the pleasure of the president. In effect, his job is to do the bidding of the party of the prime minister. The “chief minister,” elected by the people in each State, has some authority but not much compared to our elected chief executive. As Professor Anand Pawar told me, “You had only 13 colonies and each one was very concerned about protecting its own sovereignty; they did not want to give up any more power to the central government than absolutely necessary to run the federal government. In India, we had 550 kingdoms, some of whom would not join voluntarily. We had to have a stronger federal government to preserve order.” Another thing that is much different in the Indian Constitution is the selec- tion of the Supreme Court. Although the Towe and his wife, Ruth, are shown at a party for him on his last day at the Rajiv Supreme Court judges are appointed by Gandhi National University Law School with Professor Amand Pawar, left, and law the president it is only after consulting student Aayush Bedi, right. (Photo provided) with the other judges of the Supreme Court and the state high . Instead they celebrate Indian Constitution Day, 1 through 10. We asked the principal how of appointment upon the advice and con- the day the Constitution was adopted. many of these 5- to 16-year-old students sent of the Senate as our Supreme Court When I got into probate laws, it was were married, and she said about one are selected, in India they are even more interesting. First a little back half of them were. They do live with their appointed upon the advice of the remain- ground. India has 1.3 billion people — parents until they finish school. The ing judges of the Supreme Court. The about four times the number of people in question, of course, is whether they are result is that the executive or the legisla- the United States living in a third of the happy. The divorce rate is very low, less tive branches have very little input in the area. We are told 79 percent of the people than 5 percent. But some will admit they selection of the Supreme Court judges. are Hindu, 14.5 percent are Muslim, 4.6 do not have a happy marriage. The president of India also appoints the percent are Christian and the rest are Next, however, the question is what judges of the high court of each state. He Sikhs, Jans, or other. Religion is very happens when one spouse dies. In both also must consult with the chief judge of important to virtually all Indians. The Hindu and Muslim tradition, the wife India as well as the governor of that state marriage ceremony is clearly the most joins the husband’s family at marriage and the chief judge of the high court of important event in every Indian’s life. But and the dower acts as the wife’s inheri- that state. They, also, are not political about 75 percent of the married people in tance. The new wife joins the husband’s appointments. India are the product of an arranged mar- family and has no further claim to her One more thing. The judges of the riage. Even the highly educated people natural parents’ inheritance. Once the Supreme Court and all other High Court with post-graduate degrees leave it to husband dies, particularly if he dies judges are not appointed for life but until their parents to arrange their marriages. young, the widow is really in a bad way. they reach age 65 for the Supreme Court Although, it is probably true that most She no longer has any means of sup- and 62 for the High Court of each state. people nowadays believe they have a right port from her old family and if she has I question why that is not discrimination to veto their parents’ choice, it is gener- not established herself she may have no on the basis of age; but the ages are writ- ally accepted that selection of a marriage support from her husband’s family. Some ten into the Constitution. partner is the function of the parents. If go to a home for widows in the cities and Vice Chancellor Paramjit Jaswal (CEO you don’t believe it, just look at the classi- shave their heads and become beggars of the law school—the chancellor is a cer- fied ads in any local newspaper. on the streets. In an attempt to break emonial position held by the chief judge In the little country villages, mar- this system, dower is strictly prohibited of the Punjab State High Court) told me riages are arranged when the children are by law, but a “wedding gift” is still legal. he believes the Indian Constitution is the as young as 8 or 9 years of age. Before Widows are now better cared for than best constitution in the world. In fact, the we arrived at the law school we visited a they used to be. people of India do not celebrate an inde- rural school about 60 miles southeast of pendence day as we do; instead each year Jaipur with about 300 students in grades India, page 26

Page 14 May 2018 www.montanabar.org Page 15 Feature Article | Paralegal Section By Shanni K. Barry What is a paralegal? Knowing the facts can help maintain the integrity of the profession As Chair of the Paralegal Section of the State Bar of Montana, I receive many questions related to paralegals. The ques- tions come from current paralegals, aspir- ing paralegals, attorneys and law office administrators and all relate to the same topic — paralegals. What is a paralegal? How do you become a paralegal? What credentials should a paralegal possess? What duties does a paralegal perform? How much should a paralegal make? What should the billable hour require- ment be? How much should we bill for a paralegal? While I am always willing to answer any questions you may have, this article may answer some of the most common questions. Paralegals are not licensed in the State of Montana. Because of that, non-creden- tialed individuals may refer to themselves as a paralegal. This leads to confusion as to what a paralegal is. assistant can be very confusing. For clar- or work experience who is employed What is a Paralegal? ity, stick to paralegal and legal secretary. or retained to perform, under This is how the American Bar 2. Substantive legal work. Substantive supervision by a licensed attorney, Association defines a paralegal: legal work is, well, substantive. Merriam substantive legal work that: A legal assistant or paralegal is a Webster defines substantive as, “having (a) requires a substantial knowledge of person, qualified by education, substance: involving matters of major or legal concepts; and training or work experience who is practical importance to all concerned.” (b) in the absence of the paralegal, employed or retained by a lawyer, Basically, substantive legal work means would be performed by an attorney. law office, corporation, governmental in the absence of a paralegal, the work (2) An individual may use the title agency or other entity and who would be performed by an attorney. “paralegal” if the individual: performs specifically delegated In the 2009 Montana (a) has received an associate’s degree substantive legal work for which a the Paralegal Section of the State Bar of in paralegal studies from an accredited lawyer is responsible1. Montana initiated that resulted institution or a baccalaureate degree in the addition of paralegal language to in paralegal studies from an accredited There are two very important distinc- the law regarding costs, including Mont. college or university; tions in this definition:legal assistant and Code Ann. Sections 25-10-302 and -304, (b)has received a baccalaureate degree substantive. which allows a law office to include rea- in any discipline from an accredited 1. A legal assistant is a paralegal. sonable fees of a paralegal in the attorney college or university and has In this era of political correctness, some fees awarded to the prevailing party. completed not less than 18 semester have replaced the word “secretary” with Mont. Code Ann Section 25-10-305 de- credits of course work offered by a “assistant.” But, a legal assistant is a para- fines the word “paralegal” in that context: qualified paralegal studies program; legal. Because of that, referring to a legal 25-10-305. Paralegal defined -- use of (c) has received certification by the 1 https://www.americanbar.org/groups/para- title. (1) As used in 25-10-304 and this national association of legal assistants legals/resources/current_aba_definition_of_le- section, “paralegal” means a person or the national federation of paralegal gal_assistant_paralegal.html qualified through education, training, associations;

Page 16 May 2018 (d) has received a high school diploma or 225 clock hours or equivalent CEU membership dues are $25 annually. or its equivalent, has performed not hours) of substantive paralegal courses less than 4,800 hours of substantive will be considered equivalent to one legal work under the supervision of year’s experience as a paralegal. State Bar of Montana— a licensed attorney documented by 3. A high school diploma or equiva- Paralegal Section the certification of the attorney or lent plus seven years’ experience as a Another way to demonstrate to your attorneys under whom the work was paralegal under the supervision of a employer and your employer’s clients done, and has completed at least 5 member of the Bar, plus of a that you are qualified to call yourself hours of approved continuing legal minimum of 20 hours of continuing legal a paralegal in Montana is to join the education in the area of legal ethics education credit to have been completed Paralegal Section of the State Bar of and professional responsibility; or within a two-year period prior to the Montana. Membership dues are $85 (e) has graduated from an accredited examination date2. annually. Just like sitting for the certified law school and has not been disbarred The NALA exam includes two parts: paralegal exam, there are stringent re- or suspended from the the knowledge exam and the skills exam. quirements to be a member. If you don’t by any . The knowledge exam must be successfully currently meet the requirements, work (3) A person may not practice completed to sit for the skills exam. The toward fulfilling them. Once you have as a paralegal except under the knowledge exam consists of: attained this goal, you will have another supervision of a licensed attorney and  United States Legal System: credential and you can assist our profes- is prohibited from engaging in the ; Judicial System; sion in many ways. unauthorized practice of law. Remedies;  Help us all maintain the integrity The costs associated with a case can Civil Litigation: Jurisdiction; of the paralegal profession become a crucial part of a law office’s Federal Rules of  consideration of its ability to represent : Formation, Rights, and As a law office administrator, you clients. The fact that attorney fees can be Duties; Enforcement and Defenses want educated and skilled paralegals and  considered costs in civil cases, awarded Corporate/: you want to retain them. A competi- by law, is not a small component of our Business Organizations; Rights and tive salary/compensation and benefits system. A law office that employs a para- Responsibilities; Transactions package will help ensure that. NALA  Criminal Law and Procedure: conducts a National Compensation and legal that meets the definition outlined 4 in this can automatically include Criminal Law; Utilization Survey Report (Survey) every  their costs with that of attorneys. Estate Planning and Probate: two years. The 2016 Survey found that the Estates and Trusts; Wills average compensation (salary, bonuses Paralegal certification through  Real Estate and Property: Property & overtime) for paralegals in 2016 was National Association of Legal Rights and Ownership; Transactions $61,671. The average compensation for  : Intentional Torts; paralegals in 2016 in the Rocky Mountain Assistants (NALA) Negligence; Strict Liability region was $60,212. The average salary for NALA provides national standards,  Professional and Ethical a paralegal in 2016 was $57,668 per year training, and certification of paralegals, Responsibility: American Bar or $27.73 per hour. The average salary for all of which provide a basis for people Association (ABA) Model Rules of Prof. a paralegal in the Rocky Mountain region seeking to truly join the profession and Conduct; Unauthorized Practice of Law in 2016 was $56,257 or $27.05 per hour. perform substantive legal work. To take The Skills Exam consists of: (Upon my certification in 2007, my salary the six-hour exam (often compared to the  Writing: Grammar, Spelling, and was $52,000 annually and I also received bar exam), a person must meet NALA’s Punctuation; Clarity of Expression bonuses.) specific criteria, including the following:  Critical Thinking: Reading and Law office administrators need to -un 1. Graduation from a paralegal Comprehension; Analysis of Information; derstand and implement how a paralegal program that is any of the following: ap- Decision Making3 position differs from a legal secretary proved by the ABA; an associate degree NALA offers study materials as well position. Obviously, given the descrip- program; a post-baccalaureate certificate as practice test for preparing for the tions set out above of the training and program in paralegal studies; a bachelor’s examination. The Montana Association duties of a paralegal, there are substantial degree program in paralegal studies; ora of Legal Assistants, is the local chapter of differences. Recognize that while a legal paralegal program consisting of a mini- NALA. MALA offers a 1.5-day certified secretary should be able to handle all mum of 60 semester hours (900 clock paralegal review course every fall as well incoming communication (in person, hours or 90 quarter hours) of which at as scholarships for the exam. The certified on the telephone, or through written least 15 semester hours (225 clock hours paralegal exam is $275. NALA member- communication), file management, or 22.5 quarter hours) are substantive ship dues are $140 annually and MALA legal courses. Paralegal, page 27 2 A bachelor’s degree in any field 2 https://nala.org/certification/exam-application- plus one year’s experience as a parale- and-qualifications 4 https://www.nala.org/sites/default/files/files/ gal. Successful completion of at least 15 3 https://nala.org/certification/preparing-exam- banner/2016%20NALA%20Utilization%20Com- semester hours (or 22.5 quarter hours format-specifications pensation%20Survey%20Report.pdf www.montanabar.org Page 17 Feature Article | Lawyer Well Being

3 lies lawyers should stop telling themselves

By Jeena Cho

I used to be highly anxious and Lie #1: Not Enough money. Why? Because they believe they chronically stressed. I didn’t know it at Do you ever find yourself feeling as don’t have “enough.” the time, but it’s a “thing” with lawyers. though you’re never enough? You’re nev- Being enough and having enough are Studies indicate we’re highly anxious, er good enough, smart enough, and are matters of perspective. When I was an as- depressed, and stressed. In hindsight, constantly failing? Does it feel as though sistant state attorney, I earned $45,000. I much of the stress and anxiety I felt were everyone else has their life perfectly orga- remember thinking, “If I could just break a result of cognitive distortions — lies our nized and structured and you’re the only the six-figure mark, I’ll have enough.” mind tells us that we falsely believe. one that’s struggling? This phenomenon A few years later, I quit and moved to a Once I started practicing mindfulness, is so common that there is a term for it: firm. Not unsurprisingly, the six-figure I was able to see the cognitive distortions the “inner critic.” salary didn’t feel enough either. or “thinking errors.” The interesting thing The other form of not enough is Lie #2: More is always better is, once I started to share these cognitive external things such as money, resources, distortions with other lawyers, I realized power, sex, friends, etc. I often work with This certainly isn’t limited to lawyers, — these thoughts aren’t unique to me, lawyers who will say things like, “I’m not but we generally want more of everything and in fact, are quite common. making enough money as it is, so I can good, pleasant, pleasurable, and enjoy- Each of us is responsible for creating never leave this job even though I abso- able. In fact, Americans have so much our own happiness, and similarly, our lutely hate it.” stuff that we have 2.3 billion square space own misery. In fact, I wrote a book for Pause for a moment and consider of storage unit space. the American Bar Association on this that even billionaires (who by all mea- idea titled “The Anxious Lawyer.” sures have “enough”) still strive for more Lies, page 26

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LawPay is a registered ISO of Citizens Bank, N.A. www.montanabar.org Page 19 Feature Article | Access to Justice Montana lawyers answer the call, help keep Self-Help Law Centers running for the year Earlier this year, the Montana Judicial Branch’s Court Self-Help Law Centers faced a dire predicament. The Self-Help Law Centers rely heavily on AmeriCorps service members to provide legal guid- ance to self-represented litigants at six lo- cations across the state. The centers’ users are oftentimes low-income Montanans who are unable to afford an attorney. But due to unexpected cost-of-living and other program cost increases, combined with the worsening budget constraints of our state government, the Montana Supreme Court and its partner Montana Legal Services Association were unable to meet the financial requirements neces- sary to maintain the current staffing level of AmeriCorps service members for the coming year. This would not be a big deal to those legal needs more than 85,000 times! valley – at least for the moment. of us lucky enough to have made our The current crisis for the Court Self- Those who were unlucky enough to be house payment and been able to buy gro- Help Law Centers was averted when solicited and generous enough to respond ceries this month. But, it would be a huge it was brought to the attention of the are listed here: setback for the thousands of Montanans Montana Justice Foundation via a call ALPS who, but for these centers, would have for assistance by our Montana Supreme Ronald A. Bender little access to legal guidance, which is to Court. As the request fell outside the Bohyer, Erickson, Beaudette & Tranel say their legal rights would exist only in established MJF grant cycle, and a deci- P.C. theory, and not in fact. sion as to whether funds could be made Tom Boone As incredible as it seems, Montana available was immediately required, a Boone Karlberg P.C. Legal Services Association’s Justice for handful of lawyers undertook an email James A. Bowditch Montanans AmeriCorps program pro- campaign to try to meet the need. We did Browning, Kaleczyc, Berry & Hoven vides the Court Self-Help Law Centers this by taking advantage of professional Ashley Burleson with seven AmeriCorps service members and personal relationships each of us en- Cal Christian and related program coordination for joy because we are privileged to practice Diane Conradi just $69,000 a year! And since the Court in the Last Best Place. Together, we raised Terry Cosgrove Self-Help Law Centers’ inception in 2011, the funds needed, avoided the threatened they have assisted Montanans with their loss of staffing, and returned peace to the Self help., page 27 406-683-6525 Montana’s Lawyers Assistance Program Hotline Call if you or a judge or attorney you know needs help with stress and depression issues or drug or alcohol addiction .

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www.montanabar.org Page 21 Continuing Legal Education Criminal instructions focus of May 30 webinar

If you are interested in writing more Kilby worked as a public defender in before the Montana Supreme Court and effective criminal jury instructions, you Missoula and in private criminal defense the Ninth Circuit Court of Appeals. He won’t want to miss the Criminal Law for a year before taking her current job as presently works for Smith & Stephens Section’s webinar CLE on May 30. a Missoula County deputy county attor- P.C. in Missoula. Presenters Jordan Kilby and Colin ney, where she has handled cases ranging Register for the CLE online by going Stephens will discuss issues with rely- from traffic misdemeanors to homicides. to the events calendar at www.montana ing solely on the model jury instructions Stephens is an attorney practicing bar.org. Cost is $55, or $35 for section and offer tips on writing instructions in exclusively criminal defense. He tries members. preparation for criminal . cases and has repeatedly argued with and

Four webinar CLE replays are scheduled for the month of June Four webinar Ethics CLE rebroadcasts Register: linkon.in/MT062018 of real attorneys who played fast and are scheduled for June. Whether you choose to be online loose with the ethics rules. Then, you Each of the webinars is pending ap- or not your clients will write reviews of must decide if you will take the disciplin- proval for 1.0 Ethics credit. Though the you. Unfortunately, angry clients are ary “deal” that Oster offers or take your webinars are recorded, the presenters will much more likely to write about you than chances at trial to see what penalty the be available to answer questions, so they happy clients. This webinar will explore disciplinary authorities actually levied. are considered live events. the ethical and practical issues surround- Social Media as Investigative The Ethics of Delegation ing getting good reviews and discuss Research and Evidence Tuesday, June 19, 11 a.m.; presented how you should respond when someone Thursday, June 28, 11 a.m.; presented by Cynthia Sharp. Register: linkon.in/ bashes you online. Lawyers have been by Carole Levitt & Mark Rosch. Register: MT061918 disciplined for their responses to online linkon.in/MT062818 Many lawyers have not mastered reviews. Learn from their mistakes! The seminar is partially based on the effective delegation techniques probably Deal or No Deal: Ethics on Trial presenters’ 55-page Social Media chap- because nobody ever taught them the ba- Wednesday, June 27, 11 a.m.; present- ter from their book, “The Cybersleuth’s sic skills. This program addresses delega- ed by Joel Oster (The Comedian of Law). Guide to the Internet.” You will discover tion techniques compliant with MRPC Register: linkon.in/MT062718 how other attorneys are using social me- 5.1 and 5.3’s supervisory requirements. This presentation is your chance to dia sites for discovery, trial preparation, Bad Review? Bad Response? Bad refresh your own knowledge of the rules direct examination, cross-examination, Idea! - Ethically Managing Your Online of professional conduct and to match background checks, and locating miss- Reputation wits with disciplinary authorities. Oster ing persons, and learn how to authenti- Wednesday, June 20, 11 a.m.; present- humorously lays out the facts surround- cate profiles and get them admitted into ed by Jennifer Ellis and Daniel J. Siegel. ing the ethical predicaments of a number evidence.

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Page 22 May 2018 12.0 Montana CLE credits (6.0 Ethics) Register at AlaskaBar.org/2019CLEByTheSea www.montanabar.org Page 23 Law School News Zellmer, Cowie hired as professors at Blewett School of Law The Alexander Blewett III School of where she was a Robert B. Daugherty from The George Washington University Law at the University of Montana has an- Professor of Law. As a visiting profes- National Law Center. After clerking for nounced that it has hired Sandra Zellmer sor, she supervised the Blewett School of the Honorable William W. Justice, U.S. and Craig Cowie as professors. Law’s Land Use and Natural Resources District Court, Eastern District of Texas, Zellmer, who was a Distinguished Clinic and taught Public Lands. She is she practiced law at Faegre & Benson in Visiting Professor for the 2017-2018 aca- a co-author and principal editor of the Minneapolis, Minnesota. demic year, will stay as a full-time profes- casebook “Natural Resources Law” and Cowie will develop and support sor, teaching in the Natural Resources “Water Law in a Nutshell.” Zellmer has consumer law and protection and access and Clinic and re- also published dozens of book chapters to justice through clinical study, research, lated courses. Cowie will join the faculty and articles. Her piece on “Missouri scholarship, symposia, and student for the 2018 fall semester as an assistant River Mud: Clean Water and Endangered internships. He has worked at the U.S. professor and the inaugural director of Species,” which she presented at the Consumer Financial Protection Bureau the law school’s new Blewett Consumer American Bar Association ‘s Annual for the past six years, the last three years Law and Protection Program. Water Law Conference in 2011, was as assistant litigation deputy. “These outstanding individuals will awarded “Best Paper” by the ABA. Cowie received his J.D. from the play key roles for UM in the years to Previously, Zellmer was a trial University of California at Berkeley come,” School of Law Dean Paul Kirgis attorney in the Environment and School of Law, where he was elected said. “With her national profile, Professor Natural Resources Division of the U.S. to the Order of the Coif. He received Zellmer will help cement our exist- Department of Justice, litigating pub- an M.A. in anthropology from the ing strength in Natural Resources and lic lands and wildlife issues for various University of . After law school, Environmental Law, while Professor federal agencies, including the U.S. he clerked for the Honorable Sidney R. Cowie has the experience and energy Forest Service, National Park Service, Thomas on the U.S. Court of Appeals for to build a world-class program in the and U.S. Fish and Wildlife Service. She the Ninth Circuit. He was a litigation fel- increasingly important field of Consumer received her J.D. as a Sterling Honor low for the National Prison Project of the Law. We are thrilled to have them.” Graduate from the University of South ACLU Foundation in Washington, D.C., Zellmer previously was at the Dakota School of Law and her LL.M. in before joining the litigation department University of Nebraska College of Law, environmental law with highest honors at Jenner & Block in Washington, DC.

Blewett School of Law’s Alvernaz named 2017 Ms. JD Fellow Alexander Blewett III School of Law as a Ms. JD fellow. Anne Sherwood was a Alvernaz recently interned for U.S. student is among 12 third-year law 2016 fellow, and Paige Griffith was a 2015 District Court Judge Brian Morris in students to become a 2017 Ms. JD Fellow. fellow. Great Falls. She is a student ambas- Lillian Alvernaz was Alvernaz, Assiniboine/Sisseton- sador for the law school, past president selected out of hun- Wahpeton, from northeast Montana, and current vice president of the Native dreds of applicants graduated with honors from University American Law Students Association and to be part of the of Montana in 2013 in social work and former competitor in the NALSA Moot Ms. JD’s mentor- Native American studies, and is currently Court team. She writes on Indian law ship program. Ms. pursuing her master’s degree in public issues and is Conference Editor of the JDs are paired with administration as well as a Juris Doctor Public Land and Resources Law Review. ABA Commission degree with a certificate in American Alvernaz is committed to combating on Women in the Indian law. She received the 2016-17 violence against Native American women Profession leaders Margery Hunter Brown Assistantship. and children and dedicates her efforts to Alvernaz and ABA Margaret She was a Udall Native American her grandmother. Brent Award Congressional Internship recipient Ms. JD is a nonprofit, nonpartisan recipients. and interned for the U.S. Department organization dedicated to the success It was the third straight year a student of Justice, Office on Violence Against of school and the legal at the Blewett School of Law was selected Women, Tribal Division. profession.

Page 24 May 2018 Would you like to boost your income while serving low- and moderate-income Montanans? We invite you to participate in the Modest Means program {which the State Bar sponsors}. If you aren’t familiar with Modest Means, it’s a reduced-fee civil representation program. When Montana Legal Services is unable to serve a client due to a conflict of interest, a lack of available assistance, or if client income is slightly above Montana Legal Services Association guidelines, they refer that person to the State Bar. We will then refer them to attorneys like you.

What are the benefits of joining Modest Means? While you are not required to accept a particular case, there are certainly benefits! You are covered by the Montana Legal Services malpractice insurance, when you spend 50 hours on Modest Means and / or Pro Bono work (you’ll need to track your time and let us know), you will receive a free CLE certificate to attend any State Bar sponsored CLE. State Bar Bookstore Law Manuals are available to you at a discount and attorney mentors can be provided. If you’re unfamiliar with a particular type of case, Modest Means can provide you with an experienced attorney mentor to help you expand your knowledge.

Questions? Please email: [email protected] You can also call us at 442-7660.

# Are You Interested in Joining The Modest Means Program? To get started, please fill in your contact info and mail to: Modest Means, State Bar of Montana, PO Box 577, Helena, MT 59624. You can also email your contact info to [email protected]

Name:______

Address: ______

City, State: ______

Email: ______www.montanabar.org Page 25 is not that much less. individuals or companies is not well en- India, from page 14 We noticed an article in the local forced. Your parents, for example, would Inheritance is governed by religious newspaper that reported a survey of 1,562 never arrange a marriage for you with law. So if the family is Hindu, the widow street vendors in a nearby city. Typically someone below your class. Nevertheless, will receive half of the family property. each street vendor has a wagon or stall remarkable progress has been made in However, if the family is Muslim, that is parked along the street for selling this area in the last 71 years. law will apply and the widow will receive fruits, vegetables or other foods. Some I also learned that the Court system is nothing. All others are considered sell clothing, pots, or handicrafts. Of the hopelessly over-burdened. There are just “secular” and under the law, the widow 1,562 street vendors surveyed, 58 were too many people and not enough judges receives one half. college graduates and four had post- and courts. One of the reasons there As I said earlier, the people of graduate degrees. If the people of India aren’t many divorces is because it takes India are generally well educated. are generally well educated, a very large too long if there is a dispute that must be Unfortunately, however, there are a lot of number are not employed to their full resolved by a court. well-educated people who cannot find a capacity. With an educated population, many good job. And, furthermore, a good job India is still struggling with the caste of whom are employed far below their does not pay very well. When I asked my system. Although the Indian Constitution potential, India itself has huge poten- students how much they would earn once guarantees equal protection of the laws tial. Its economy is just now coming of they graduate and pass the bar, they indi- as the first fundamental right in the age. It has the third largest army in the cated they would be very happy to receive constitution and makes discrimination world and it is a nuclear power. That a steady job that would pay 45,000 rupees against untouchables, it is hard to abol- alone makes it very important as a world a month. At 64 rupees per dollar, that is ish a practice that has been around for power. However, its real power is in its approximately $700 a month. No wonder thousands of years. The “children of God” educated populace which makes it truly a Westlaw hires most of their researchers as Mahatma Gandhi called them, make force to be reckoned with. from India. In the United States, $700 per up over one-third of the population. The law is enforced extremely well as it relates Tom Towe is a partner with the Billings month or $8,400 per year, is well below firm Towe, Ball, Mackey, Sommerfeld & the poverty level. Granted the cost of liv- to any discrimination by the govern- Turner ing is less than in the United States, but it ment, but enforcement against private

Lies, from page 18 lawyer? Let’s say you were hiring a Self-care and being doctor. Do you want the obese, chroni- For the last year, inspired by the “Zen cally stressed, tired doctor, coming off of Habits” blog and the book “The Life- a good attorney are 48-hour shift, or do you want the doctor Changing Magic of Tidying Up” by Marie who’s well adjusted and has a healthy Kondo, I’ve been making a conscious work/life balance? effort to consume less, buy less stuff, and NEVER in conflict I’m stating the obvious, but we all instead, spend money on experiences. need time to work, time to rest, time to Studies indicate that buying experiences play, time to be playful, time to spend and buying time greatly increase our with each other. time with loved ones, and time to just be. sense of happiness, whereas buying more If you seriously think you can devote stuff gives you … well, just more stuff. every single minute of your 1,440 minutes Decluttering and owning less stuff friends, your health, and your well-being, per day to your client, remember, hu- has made me think more carefully about for the good of your clients. mans can only live for three days without what I purchase, and what I have in my I’d like to call bull. First, no client is water and three weeks without food. You physical surroundings. I reduced my worth that level of sacrifice. Period. Why? do not owe anyone — this includes your wardrobe in half and now, each time I Because we all want to live another day to clients and your job — the following: walk in my closet, I feel clarity instead of serve the next client, and the client after your health, your family, your sanity, overwhelmed with clutter. that. Second, self-care and being a good your identity, or your integrity. attorney are NEVER in conflict with each Finally, remember: “Secure your own Lie #3: I must sacrifice myself and other. In fact, just the opposite. oxygen mask before helping others.” my well-being for others Do you really think it’s possible that Jeena Cho is a San Francisco-based I’m shocked by the number of attor- you can completely neglect your own attorney, author, blogger and podcaster. neys who practice what I’ll call “martyr- needs — not exercise, not eat right, ne- This article was originally published dom law.” That you should sacrifice -ev glect your mental, emotional, and spiri- on JeenaCho.com. http://jeenacho. erything, including time with your family, tual well-being — and still be an excellent com/2017/10/04/3-lies-lawyers-stop- telling/

Page 26 May 2018 Self help, from page 20 Reep, Bell, Laird & Jasper reality are just beginning to be felt and we Kim Schulke will all be called on to provide sustainable Randy Cox Scott, Tokerud & McCarthy P.C. support going forward. Providing that Crist, Krogh & Nord Sheehy Law Firm support is an obligation held by those Cromwell Law PLLC Scott M. Stearns of us privileged to hold a law license Crowley Fleck Steve Harman Law and enjoy the benefits of our profes- Lonnie Dale Ward “Mick” Taleff sion’s monopoly. We have a unique and Datsopolous, MacDonald & Lind Tarlow, Stonecipher, Weamer & Kelly singular responsibility to provide access Edmiston & Colton P.C. to justice for all Montanans – not just Falcon, Lester & Schaff, P.C. Tom Towe those who can afford it. The Montana Holly Franz Mike Viscomi legal community’s heart is huge when Gallatin County Bar Association Worden Thane it comes to meeting the needs of those Gallik & Bremer The campaign was very limited in who can’t afford legal representation. Grubbs Law Office scope, ad hoc, and ended when the Together we must, can, and will meet that Paul Haffeman shortfall was met. If no one contacted you responsibility. Hartelius, Durocher & Winter to give, do not feel left out; your opportu- We are humbled and gratified by the Hoyt & Blewett nity to make a difference is coming. The immediate response to this need by our Katherine Se June Kim Huso Montana Justice Foundation works year- brothers and sisters in the Bar. On behalf Natasha Prinzing Jones round to strengthen legal aid as a critical of everyone involved – but most impor- Joyce & MacDonald component of vibrant, healthy, and suc- tantly those Montanans who will benefit Stuart Kellner cessful communities through the gener- directly from access to necessary help Lamb & Carey ous donations of the legal community. Its navigating the legal system (which hope- Luinstra Law Office annual campaign starting this summer fully someday will be available to all our Donald MacIntyre will again provide all of us – as individu- friends and neighbors here in Montana) – Carey Matovich als, firms, agencies, and companies – with THANK YOU! As Justice Bill Hunt said Robert & Bonnie Minto the opportunity to play our part in keep- not so many years ago, “the best people I Murphy Law Firm ing our civil justice system working. know are lawyers!” Bob Phillips The consequences of the current

Paralegal, from page 17 1,500 hours of paralegal work ($187,500) and members of the Paralegal Section and the commensurate margin of profit. requires 10 CLE hours per year (1 must scheduling, and document completion, Also, encourage the certification of relate to ethics). These requirements a paralegal does substantive legal work. your current employees. Hard-working overlap. While the goals of efficiency and profes- employees seeking additional education As of July 16, 2017, there were less sionalism apply to both, the use of these and credentials is a sign of dedication, than 100 certified paralegals in the State two positions should be vastly different. open-mindedness, and initiative in the of Montana7. As credentialed paralegals, Failure to recognize these distinctions workplace. And, remember the benefit we can educate regarding those creden- in hiring practices will only create confu- to the law office and the individual of the tials, then negotiate a salary that is com- sion and waste time. That is, the law office law office paying for both the certification mensurate with our worth. Remember administrator will waste a lot of time exam and membership dues. that you will never get what you don’t ask with hiring procedures – none of which Additional benefits to a law office for. Negotiate a establishing a will facilitate the law office’s goals – if hiring certified paralegals include the billable hour requirement (with a bonus there is not a clear picture of the duties requirement that they are bound by the for hours exceeded), salary, payment by that must be fulfilled. The applicants will NALA Code of Ethics and Professional the law office of CLE’s, paralegal section waste time applying for positions that are Responsibility5. Violation of this Code and association dues, and benefits. not accurately described. Don’t advertise may result in suspension of the certi- Together we can maintain the integri- a paralegal position when you have no fication credentials. Members of the ty of the paralegal profession in Montana. intention of having the person provide Paralegal Section of the State Bar of substantive legal work. Montana are bound by the Rules of Shanni K. Barry has an associate of science degree in paralegal studies, was Consider the benefits of hiring a Professional Conduct6. capable certified paralegal. Like attor- certified as a paralegal by NALA in 2007, Also, NALA requires 50 CLE hours and has worked in the legal profession for neys, paralegals are hired often with an per five years (5 must relate to ethics), over 15 years. She is a member of MALA annual billable hour requirement in a MALA requires 10 CLE hours per year (3 and is the Chair of the Paralegal Section of contractual arrangement. (Make sure the within three years must relate to ethics) the State Bar of Montana. work will flow from the attorneys.) In 7 https://www.nala.org/sites/default/files/files/ my experience, 1,500 hours per year was 5 https://nala.org/about-paralegals/professional- standards banner/CP_Statistics.pdf both reasonable and achievable. Consider 6 https://www.montanabar.org/store/ViewProd- the allowable cost of $125 per hour times uct.aspx?ID=2102697 www.montanabar.org Page 27 In Memoriam Russell McDonough, former Montana Supreme Court justice, dies at age 93 The Honorable Russell C. “Swede” in 1988 and retired from the court in disputes. Career highlights included as- McDonough of Glendive, a Montana 1993. sisting the group that wrote the Montana Supreme Court justice, delegate to In retirement he and Dora lived in Constitution as well as arguing before the the 1972 Montana Constitutional Montana and Arizona. His hobbies were Montana Supreme Court. Convention and a decorated World War traveling to Europe, reading, politics, ten- In 1983, Greg and Joyce traveled on a II veteran, died from natural causes on nis, and jet boating and hunting agates on People to People trip with other Montana April 3. He was 93. the lower Yellowstone River. Aside from lawyers and judges to Russia, China, and McDonough, who served as a his professional accomplishments he Japan. In Moscow, the group attended Supreme Court justice from 1987 to 1993, often said his greatest achievement was the trial of a man who had stolen a fur was born Dec. 7, 1924, in Glendive into a marrying Dora and raising six kids. hat and participated in a Counterpart railroad family and In lieu of flowers, memorials in Meeting with Russian attorneys. In attended Glendive his name may be given to Dawson Peking, the group presented U.S. law schools. Community College or Grandview books to the Peking University library. In In December Retirement Center. Japan, the group was received at the U.S. of 1942 he enlisted Embassy by Ambassador Mike Mansfield, in the Army Air Gregory Morgan whom Morgan worked for in D.C. Force and was A celebration of life will be held called to active duty Greg Morgan died on April 29 at age Saturday, July 14, at 5 p.m. at the Lindley in March of 1943. 77 with his wife and daughters by his side Center in Bozeman. In 1944 he flew a after a courageous battle with cancer. McDonough combat tour of 35 A Bozeman native, Morgan was born Howard Clive Greenwood missions in a B-17 July 8, 1940. After high school, he joined Flying Fortress Bomber over Europe as a the U.S. Marine Corps and was stationed Howard Clive Greenwood passed Bombardier with the 96th Bomb Group in Quantico, Virginia, where he met his away at his home July 15, 2017, in Layton, of the 8th Air Force. He was awarded the wife, Joyce, on a blind date through a fel- , at age 81. Air Medal with 4 oak leaf clusters and the low Marine. A Denver native, he earned a law Distinguish Flying Cross. Morgan graduated from George degree from the University of Colorado. Upon returning from service, Washington He was a member of the State Bars of McDonough attended Montana State University in 1967, Montana and Texas. University and George Washington and he received As a corporate attorney, he rep- University in Washington, D.C., and re- his Juris Doctorate resented both ceived a Juris Doctor degree in 1949 from with honors from Exxon and Gulf George Washington. the GW National Oil companies, Returning to Glendive he practiced Law Center in 1971. living in Miami; law for over 30 years as an associate of During college Quito, Ecuador; Raymond Hildebrand, as a sole practi- and law school, and Caracas, tioner, and as a member of the law firm Morgan he worked in the Venezuela. In 1987, McDonough, Cox and Simonton. During Senate Democratic he left corporate that time he was also Glendive City Cloak Room and law to open a Attorney and Dawson County Attorney. was to Judge Edward Beard, Greenwood practice In 1972 he was elected and served as Superior Court of D.C. in Hamilton, which a delegate to the Montana Constitutional Greg and Joyce moved to Butte, in he continued until Convention and was later appointed 1971, and Greg became law clerk to the retirement in 2012. and served on the Governor’s Blue Honorable W.D. Murray, federal district Montana was a wonderful place for Ribbon Commission on Post Secondary judge. In January 1973, the family moved Howard to pursue his love of the out- Education. In 1982 he was elected District to Bozeman where Greg was staff attor- doors, hunting, fishing and shooting. He Judge of the Seventh Judicial District. In ney with Montana Legal Services. Over also loved collecting cars and piloting April of 1987 he was appointed to the the years, he had several law partners, but private airplanes. Montana Supreme Court by Gov. Ted ultimately built and formed his own firm. Condolences may be sent to www. Schwinden. He was elected to a full term His practice covered a wide range of civil myers-mortuary.com.

Page 28 May 2018 Job Postings and Classified Advertisements CLASSIFIEDS Contact | To see more job listings, or to advertise a job on the State Bar of Montana’s online Career Center, visit jobs.montanabar.org. All postings on the Career Center include one classified ad in the Montana Lawyer (limit 60 words for free classified ad). For all other Montana Lawyer classified inquiries, email [email protected] or call 406-447-2200. ATTORNEYS County Attorney Office, 1010 Main St., 406- plicant must have several years experience 874-3310 or fax 406-874-3450. in family law cases and be able to handle all ASSOCIATE ATTORNEY: Tolliver Law Firm, aspects of such cases. See full listing at jobs. P.C. in Billings, Montana is seeking an as- DOMESTIC VIOLENCE STAFF ATTORNEY: montanabar.org. [email protected] sociate attorney. Applicants of every level This Montana Legal Services Association of experience will be considered. Successful Staff Attorney position, based in Billings, will SENIOR FAMILY LAW or ASSOCIATE AT- applicant will be willing to engage in a diver- provide poverty law services to domestic TORNEY: Gravis Law, PLLC is growing! We’re sified litigation and transactional practice. violence victims throughout the state of looking to add to our team of family law Compensation will be determined based Montana. Grant funding at present concen- attorneys with an experienced team player on experience. Please send a cover letter, trates services on the Northern Cheyenne who appreciates technology and loves what resume, references and a writing sample by and Fort Peck Indian Reservations. Salary: they do. A successful candidate must be email to: [email protected]. All appli- $48,000 and up, DOE. MLSA offers an attrac- licensed to practice law in Montana and pos- cations will be kept confidential. tive benefits package, including health, den- sess excellent academic credentials, excel- tal, vision, and life insurance, retirement and lent writing skills, a minimum 3-7 years of ASSOCIATE ATTORNEY: Guthals, Hunnes educational loan repayment assistance. See experience litigating, comfort in a high tech & Reuss, P.C. in Billings, Montana is seek- full listing at jobs.montanabar.org. environment, and a passion for practicing ing an associate attorney with 3+ years of family law. We’re looking for applicants who experience. Litigation, transactional, and/ LITIGATON ATTORNEY: Hall & Evans, LLC, already have an established practice or an or debtor/creditor experience preferred. We a well-established and respected law firm associate that can start handling cases from offer a competitive salary and benefit pack- headquartered in Denver, is seeking a full- day one, so only candidates currently prac- age including medical benefits and 401(k). time Litigation Associate to join their litiga- ticing family law will be considered. Apply by Please send a cover letter, resume, references tion branch office in Billings. Qualified candi- email to [email protected]. and writing sample by e-mail to: legalassis- dates must be currently licensed to practice [email protected], or by mail to: Guthals, in Montana with 5-8 years of litigation STAFF ATTORNEY: SAFE Harbor, a nonprofit Hunnes & Reuss, P.C. P.O. Box 1977, Billings, experience preferred, minimum of 3 years domestic and sexual violence prevention MT 59103. All applications will be kept con- required. You must be proficient in Microsoft and intervention agency located in Polson fidentia Office, particularly Outlook and MS Word. seeks a full-time staff attorney to provide Interested candidates should apply online to holistic civil legal services to victims of do- CITY OF MISSOULA ATTORNEY’S OF- http://www.hallevans.com/careers/current- mestic violence, sexual assault, and stalking FICE: Deputy City Attorney (Prosecution), openings/. Please include your resume, cov- in Lake County and on the Flathead Reserva- $30.6198/hr to $32.9163/hr. Performs a er letter, writing sample and references. EOE. tion. Will handle all aspects of legal repre- variety of professional duties involved in sentation, including client contact, drafting providing a full range of legal services re- LITIGATON ATTORNEY: Crowley Fleck PLLP pleadings, and courtroom appearances. lated to municipal government prosecution seeks a litigation attorney for our Williston, Applicants must be admitted to practice in operations; represents the City in criminal ND office. The attorney should have at least Montana or be sitting for the Montana state proceedings as assigned before courts, in- 6 years of experience. The experience must bar exam to be held in July 2018. Please vestigates, prepares, and prosecutes misde- include preparation of civil cases for trial and send cover letter, resume, at least two pro- meanor criminal cases in courts; and advises trials to the bench and jury trials. Success- fessional references, and a writing sample City departments and staff with respect to ful applicants must be licensed or willing to to [email protected]. Applications criminal legal issues including ordinance is- license in North Dakota and Montana. Com- accepted until June 15, 2018. sues. For a complete job description and to petitive salary and benefits. All applications apply: www.ci.missoula.mt.us/jobs EEO/AA/ will be held in confidence. Visit www.crow- PRACTICE FOR SALE ADA/Vet Pref Employer leyfleck.com for more information about our firm. Please submit your cover letter, resume, BILLINGS: Going Concern Law Practice for DEPUTY COUNTY ATTORNEY: Immediate transcript, and writing sample to: Tiffani Sw- sale. Established 20 years in same location. vacancy. Full-time permanent Deputy Coun- enson, Recruiting Coordinator, at tswenson@ Owner wishes to retire. Buyer may assume ty Attorney position with the Custer County crowleyfleck.com. lease at $1,000 per month for 1800 square Attorney’s Office, Miles City. Juris Doctor de- foot location (with basement for storage) 4 gree from accredited law school, licensed to PART-TIME FAMILY LAW ATTORNEY: blocks from Courthouses with electric paid practice in Montana. Salary up to $73,086.12 Missoula law office with a very close and and convenient parking available. Price based on 40-hour work week, dependent on friendly staff atmosphere is looking to hire includes all furnishings and office machines experience. Experience preferred. Excellent an experienced part time family law attor- (in excellent condition with support) as well benefits. For job description and application ney to assist with divorce, parenting plans, as practice name if desired. Client files are a form please contact Cindy Erickson at Job contested hearings, etc. Support staff and mix of family law, criminal law, personal in- Service in Miles City, Montana at 406-232- paralegal will be available to assist this posi- jury and other litigation and go with owner 8349. Applications accepted until position tion. Hours will be flexible depending upon filled. Request accommodation from Custer the work interest of the right candidate. Ap- More Classifieds, next page www.montanabar.org Page 29 unless desired by buyer, and owner might include client intake, scheduling, drafting of ENHANCE YOUR PRACTICE with help from transition with buyer if needed. Reasonable legal documents and correspondence, wit- an AV-rated attorney with 33 years of broad- price. Please contact Jeff, 406-248-7000. ness interviews and preparation, review and based experience. I can research, write and/ production of documents, discovery, trial or edit your trial or appellate briefs, analyze PARALEGALS/ preparation, trial attendance, and file man- legal issues or otherwise assist with litiga- agement. We are looking for a driven profes- tion. Please visit my website at www.denev- LEGAL SECRETARIES sional with civil litigation experience. We ilegal.com to learn more. mdenevi81@gmail. offer competitive salary and benefits based com, 406-210-1133. EXECUTIVE ASSISTANT/ADMINISTRA- on an applicant’s experience. Please submit TOR: Candidate must be dependable, self- a letter of interest, resume and references. All OFFICE SPACE/SHARE starter, organized, proficient multi-tasker, applications will be kept confidential. able to work well independently while PREMIUM PROFESSIONAL OFFICE SPACE supporting 6 to 8 staff, including: lawyers, LEGAL SECRETARY: Established, high-level an investigator, and paralegals. Duties will FOR RENT: Helena, Aspen Court Building, 33 plaintiffs’ practice looking for a Legal Secre- S. Last Chance Gulch, Suite 1A. On the walk- include reception and public contact, office tary to join our eam. Knowledge of MS Office management, IT support, case management ing mall. One office available, approximately (Word, Excel) are essential in this position, as 16 ft. x 11 ft. with large window. Located in a oversight, with emphasis on litigation. Mini- are the ability to multitask, meet deadlines mum of 3 years legal experience with work- small law firm suite. $700 per month. Lease and operate well in a fast-paced environment. includes use of secretarial space, copy room, ing knowledge of legal operations, practices, Some law office administrative experience is methods and techniques. Salary $35,000 break area, common areas, kitchen, sched- preferred. We offer a great atmosphere and uled access to conference rooms, and also - $38,000 DOE with excellent benefits. Send excellent benefits. cover letter and resume to: Office of Disci- includes utilities and janitorial services. Of- fice furniture available for use. Tenant to pay plinary Counsel, Attn: Personnel, P.O. Box LEGAL SECRETARY/RECEPTIONIST: Matov- 1099, Helena, MT 59624-1099. Closes 6/4/18. for own phone, parking, and internet service. ich, Keller & Murphy, P.C., is accepting applica- Public parking lot immediately adjoining. Up tions for a full-time Legal Secretary/Reception EXPERIENCED PARALEGAL: Kalkstein & to a three-year lease available. Please call Teri position. Prior experience required. Salary at 442-8560 ext. 2. Dye, a small Missoula litigation firm, seeks DOE. Qualified applicants may submit a letter a full-time, long-term paralegal to assist of application, resume and list of references with legal document production, document OFFICE SHARING OPPORTUNITY: Look- to: [email protected], or P.O. Box 1098, ing for attorney to share fully furnished review, and litigation support. This position Billings, MT 59103-1098, Attn: Personnel. requires advanced computer proficiency. office and legal assistant in Great Falls, MT. Reasonable terms. Great view. For more Duties include communication with parties; PARALEGAL: Law Office of Christopher J. clients and witnesses; scheduling document information email: [email protected]; Gillette is an exceptional and growing family 406-727-4041. preparation; file management; records re- law office which represent clients through- view/organization; trial assistance; and gen- out Gallatin County. We are looking for an eral paralegal duties. Position requires strong experienced and hard-working paralegal or CONSULTANTS & EXPERTS organizational, multi-tasking, and people attorney to integrate into our existing team. skills. Attention to detail and the ability to Family law experience is preferred, but not APPRAISALS: DIL Appraisals, provides per- work as part of an existing team are a must. required if you have other valuable qualifica- sonal property appraisals to International Experience with medical malpractice cases tions or experience. See full listing at jobs. Society of Appraisers (ISA) standards and ac- is preferred. Knowledge of Clio is a bonus. montanabar.org. cording to the Uniform Standards of Profes- Competitive salary dependent upon experi- sional Appraisal Practice (USPAP) for Fine Art, ence. Benefits include paid health insurance, Antiques and Residential Contents for Estate retirement with employer match, and paid ATTORNEY SUPPORT/ Tax and Donation; Equitable Distribution time off. Please send cover letter, resume, RESEARCH/WRITING for Estate Planning, Dissolution of Marriage; and references to: [email protected] Insurance, Damage Claims, and BUSY PRACTICE? I can help. Former MSC Expert Witness. Contact Dorothy Long, ISA PARALEGAL: Speare Law Firm, P.C. seeking a law clerk and UM Law honors graduate avail- AM, [email protected], www.dil full time legal assistant/paralegal for its small able for all types of contract work, including appraisals.com, 954-336-5458 in Billings, MT. civil defense practice in Billings. Seeking legal/factual research, brief writing, court/ motivated and intelligent individual willing depo appearances, pre/post trial jury inves- ARCHITECTURAL EXPERT, FORENSIC IN- to learn and apply themselves to varied job tigations, and document review. For more VESTIGATION & ANALYSIS: 43 years archi- tasks. Experience not required. Includes com- information, visit www.meguirelaw.com; tectural experience. Specializing in Contract petitive compensation and benefits package. email [email protected]; or call 406- Administration; Specifications; and Architect Some flexibility in hours available, if desired. 442-8317. / Owner /Contractor relationships. Extensive Apply in writing to Speare Law Firm, P.C., 3936 knowledge of building systems, materials, Avenue B, Suite D, Billings, MT 59102 or via COMPLICATED CASE? I can help you sort construction methods; Accessibility Regula- email to [email protected]. through issues, design a strategy, and write tions and Standard of Care; and forensic ar- excellent briefs, at either the trial or appel- chitectural investigation. Provides consulting LEGAL ASSISTANT/PARALEGAL: Ritchie late level. 17+ years’ experience in state and and expert witnessing services. Attorney ref- Manning LLP, a litigation firm located in Bill- federal courts, including 5 years teaching erences upon request. Frank John di Stefano, ings, Montana, is looking for an experienced at UM Law School and 1 year clerking for PO Box 1478, Marion, MT, 59925, Phone: legal assistant/paralegal to assist with a busy Hon. D.W. Molloy. Let me help you help your 406-212-7943. civil litigation practice. Responsibilities in- clients. Beth Brennan, Brennan Law & Media- clude assisting with the entire litigation cycle tion, 406-240-0145, [email protected]. BANKING EXPERT: 34 years banking expe- from client intake to appeal. Specific duties rience. Expert banking services including

Page 30 May 2018 documentation review, workout negotiation written reports, consultations, and in-person age, fitness to proceed, criminal responsibil- assistance, settlement assistance, credit re- testimony. Work history includes extensive ity, sentencing mitigation, parental capacity, structure, expert witness, preparation and/ construction and legal experience - large post mortem testamentary capacity, etc. or evaluation of borrowers’ and lenders’ posi- firm construction management, small firm Patrick Davis, Ph.D. [email protected]. www. tions. Expert testimony provided for deposi- business ownership, and legal firm paralegal dcpcmt.com. 406-899-0522. tions and trials. Attorney references provided work and practice administration. For CV, upon request. Michael F. Richards, Bozeman fee schedule, references or other information EVICTIONS MT 406-581-8797; mike@mrichardsconsult- call David Nedrow at 406-855-1823 or email ing.com. [email protected]. EVICTIONS LAWYER: We do hundreds of evictions statewide. Send your landlord EXPERIENCED BANKING EXPERT/CONSUL- FORENSIC DOCUMENT EXAMINER: Trained clients to us. We’ll respect your “ownership” TANT – 40+ years of banking experience 30 by the U.S. Secret Service and U.S. Postal of their other business. Call for prices. Hess- years of which were in executive manage- Inspection Crime Lab. Retired from the Eu- Homeier Law Firm, 406-549-9611, ted@ ment positions in banks ranging in size from gene, Ore., P.D. Qualified in state and federal montanaevictions.com. See website at www. community banks to multi-billion dollar, courts. Certified by the American Board of montanaevictions.com. multi-state banking organizations. Execu- forensic Document Examiners. Full-service tive responsibility for all phases of lending, laboratory for handwriting, ink and paper ITEMS FOR SALE lending disciplines and credit assessment. comparisons. Contact Jim Green, Eugene, Special expertise in determining borrower Ore.; 888-485-0832. Website at www.docu- “LA LAW DESK”: This maple and maple creditworthiness and the appropriateness of mentexaminer.info. veneer desk has a large working surface (37” lender behavior. Outstanding legal referenc- x 66”) (30.5” high). It has three long (36”) es upon request. Please contact Leon Royer PSYCHOLOGICAL EXAMINATION & EX- drawers, and two long (36”) pull-out shelves. by telephone at 406-932-4255 or by email at PERT TESTIMONY: Montana licensed (#236) You may see it in Room 109 of the Blewett [email protected]. psychologist with 20+ years of experience in clinical, health, and forensic (civil & criminal) School of Law. Photos are on Craigslist (“LA Law Desk”). $500. CONSTRUCTION EXPERT: Over 25 years psychology. Services I can provide include residential and commercial construction ex- case analysis to assess for malingering and MONTANA REPORTS: Montana Reports for perience. Expert services include bid or proj- pre-existing conditions, rebuttal testimony, sale, years 1961 - 2018, volumes 139 - 389. ect document reviews, onsite inspections independent psychological examination Best offer at 406-721-7210. In Missoula. for specification compliance or deficiencies, (IME), examination of: psychological dam-

State Bar of Montana Career Center - the premier resource for finding Montana law jobs

The State Bar of Montana Career Center will allow you to:

• Search and apply to more Montana law jobs than in any other job bank. • Upload your anonymous resume and allow employers to contact you through the Career Center’s messaging system. • Set up Job Alerts specifying your skills, interests, and preferred location(s) to receive email notifications when a job is posted that matches your criteria. • Access career resources and job searching tips and tools. • Have your resume critiqued by a resume-writing expert.

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