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2018 June-July Montana Lawyer

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Montana State Bar of Montana LawyerJune/July 2018 | Vol. 43, No. 8 BAD NEWS Receiving it at times is unavoidable. How you deliver it to clients can make all the difference. Also in this issue Knowing how to say no is a critical Retired UM prof teaching, learning skill for attorneys to learn lessons on law in Republic of Georgia A new way to do pro bono: Fastcase Bytes: Getting the most Online and on your own time out of your legal research benefit 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 June/July 2018 President Leslie Halligan, Missoula President-Elect Eric Nord, Billings On the Cover Secretary-Treasurer The Art of Delivering Bad News ........................................................... 10 Jason Holden, Great Falls Immediate Past President Bruce M. Spencer, Helena Feature Stories Chair of the Board Juli Pierce, Billings Learning to Say No .................................................................................... 12 Board of Trustees Ask Karla: Pro Bono Online, On Your Time ....................................... 15 Elizabeth Brennan, Missoula Brian C. Smith, Missoula Retired Prof Teaches, Learns Lessons in Republic of Georgia ... 16 David Steele, Missoula Kaylan Minor, Dillon Running With the Machines: Benefits, Threats of AI ..................... 18 Ryan Hennen, Kalispell Channing Hartelius, Great Falls Paul Haffeman, Great Falls Kent Sipe, Roundup Regular Features Mike Talia, Helena Kate Ellis, Helena Member and Montana News ...................................................................5 J. Stuart Segrest, Helena Christopher Gray, Bozeman Court News .....................................................................................................9 Lynda White, Bozeman Shane P. Coleman, Billings State Bar News ...............................................................................................7 Ben T. Sather, Billings Juli Pierce, Billings CLE .................................................................................................................. 17 ABA Delegates Fastcase Bytes ............................................................................................. 23 Damon L. Gannett, Billings Shane Vannatta, Missoula Attorney Discipline ................................................................................... 28 Eli Patten, Billings In Memoriam ............................................................................................... 29 Montana Lawyer Staff Publisher | John Mudd Job Postings/Classifieds .......................................................................... 30 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 June/July 2018 President’s Message | Executive Director’s Message HON. LESLIE HALLIGAN JOHN MUDD President Executive Director ‘Notorious’ career documented Difficult conversations Early this spring, while attending ABA meetings in Washington, This month’s Montana Lawyer is full of D.C., I took some time to visit the National Portrait Gallery. There I thoughtful and practical advice about com- found myself wandering through the galleries, viewing portraits of our munication. In our cover story, we tackle how presidents, and discovering “The Four Justices,” a large portrait depict- you deliver bad news to a client; surely one of ing United States Supreme Court Justices Sandra Day O’Connor, Ruth the most difficult challenges we face as lawyers Bader Ginsburg, Sonia Sotomayor and Elena Kagan. As I admired and one all lawyers are certain to face in prac- the portrait, a docent passed by and explained that the artist, Nelson tice. Missoula attorney P. Mars Scott walks us Shanks, had enlarged the image of Justice Ginsburg, portraying her in through some practical tips for those inevitable nearly equal proportion to the other justices. It has become even more and difficult conversations. Meanwhile, Mark evident to me that Justice Ginsburg is deserving of this larger than Bassingthwaighte presents his own tips on life depiction. Several weeks after my return, “RBG,” a documentary how to say no to a representation. That can be exploring Justice Ginsburg’s life and career, premiered in Missoula; a challenge, but as Mark advises readers: “take and following the film, I joined a panel of women judges and attorneys control, and say no when necessary.” who gave voice to the experiences of Montana women in the legal Want to provide some pro bono limited profession. scope legal help anonymously? Montana Legal Justice Ginsburg faced many challenges in her career, challenges Services has debuted its new service “Ask not unlike other women who have entered a male-dominated profes- Karla,” named in honor of the late Hon. Karla sion. After being accepted to Harvard, she was chastised for taking a Gray, which can let you do just that. Angie man’s spot. As one of nine women in a 500-person class, she became Wagenhals tells us about the new service and the first female member of the Harvard Law Review. While attend- how to get involved. And what about the com- ing law school, she managed family responsibilities and supported ing robot lawyers who will do all of that work her husband through cancer treatment. She transferred to Columbia for us? Sharon D. Nelson and John W. Simek Law School and graduated first in her class. Despite her educational take us into the intersection of artificial intel- achievements, she had difficulty finding employment in the private sec- ligence and the law with some observations tor because of her gender. She eventually entered academia. During about what’s next in the profession. the 1970s, she directed the Women’s Rights Project of the American Finally, Jeffrey Renz, retired Clinical Civil Liberties Union and won five of six cases she argued before the Professor of Law at the Alexander Blewett III U.S. Supreme Court. She served on the U.S. Court of Appeals for the School of Law, takes us across the globe to the District of Columbia, and was nominated by President Clinton as an Tblisi, Georgia, with his observations about associate justice of the Supreme Court in 1993. teaching evidence in the former Soviet repub- Justice Ginsburg has become known for her work ethic, intellect lic, an teaching experience very different from and for championing women’s rights and equality. Despite ideologi- his American one. cal differences, she developed a close friendship with her colleague, The Montana Lawyer will return this the late Justice Antonin Scalia. She is described in the book “The August with some exciting changes on the Notorious RBG” as “committed to bringing up other women and horizon. Until then, enjoy this issue and your underrepresented people and to working together with her colleagues summer, wherever this may find you. even when it seems impossible.” She has fought not just for the women All my best, PRESIDENT, page 21 John www.montanabar.org Page 3 Member and Montana News CAREER MOVES also has extensive experience in brown- Mullowney’s practice focuses on real fields redevelopment, governmental rela- estate, commercial law, estate planning, Scanlin announces retirement, tions, and multimillion-dollar contracts. and probate. He is admitted to practice transfer of practice to Adams She received 18 performance awards before the Montana Supreme Court during her tenure with the state. and the U.S. District Court, District of Red Lodge attorney Elizabeth Scanlin Previously, Brooks was in private Montana. He may be reached at 406- is pleased to announce her retirement practice in Missoula with the law firm 582-0027 or [email protected]. and the transfer of her law practice at of Datsopoulos, MacDonald, and Lind 111 N. Broadway in P.C. and also clerked for the Montana Kalispell firm announces new Red Lodge to Heidi Supreme Court. partner, associate location K. Adams, of HKA Brooks holds a bachelor’s degree in fi- Law PLLC. nance and economics, with honors, from Henning, Keedy & Lee PLLC has re- Adams is a 2012 the University of Montana and gradu- cently changed its name, moved to a new graduate of Seattle ated with honors from the University of location, added two new partners and University School of Montana School of Law in 1992 where welcomed a new associate. Law and is admitted she also served on the Editorial Board The Kalispell law firm Henning, to the state bars of for the Montana Law Review. She is a Keedy & Lee recently changed its Adams Alaska, Montana, fourth-generation Montanan. She serves name to Henning, Rutz & McCormack. and Washington, on the Board of Directors of the Helena Additionally, the firm moved to a new as well as several tribal bars and federal Youth Soccer Association and is exten- location at 1131 S. courts. Adams can be reached at 406- sively involved in Helena’s competitive Main St., Kalispell, 446-1016, P.O. Box 2008, Red Lodge, MT soccer community. MT 59901. You can 59068, or at [email protected]. Brooks’ law practice with Doney contact the firm at Crowley
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