Montana State Bar of

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 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]

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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 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 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 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 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 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 P.C. focuses on environmental 406-752-7122 or at Brooks joins as senior counsel regulatory compliance, governmental its website griz- at Doney Crowley relations, real estate and property trans- zlylaw.com. actions (including due diligence and risk The law firm is Cynthia Brooks has joined the Doney management), contracts, toxic tort and pleased to an- Crowley P.C. law firm in Helena as senior environmental litigation, and complex McCormack nounce it James counsel. multi-party negotiations. She can be “Jim” McCormack Prior to joining Doney Crowley, contacted at [email protected]. a member at the be- Brooks was chief remediation counsel ginning of the year. for the State of Montana Department of Mullowney joins as associate Prior to becoming Environmental Quality, where she su- at McLean, Younkin & Willett an attorney, Jim pervised a staff of seven and was respon- served for 20 years sible for overseeing McLean, Younkin & Willett in in the U.S. Army as attorneys charged Bozeman is pleased to announce Tyler a Ranger and with with enforcing Mullowney has joined the firm as an Special Forces. He Montana’s environ- associate. Danno served five combat mental remedia- Raised in Billings, Mullowney gradu- tours after 9/11 tion laws. She also ated from Montana as a Green Beret in Afghanistan, Iraq served as the state’s State University and the Philippines. After retiring from senior Superfund Billings in 2014 the Army, McCormack attended the attorney for over 20 with his Bachelor University of Montana School of Law. He Brooks years; career high- of Science in po- has been with the firm since 2016 where lights include the litical science. He he is engaged in both civil litigation and successful trial and to Montana graduated from criminal defense. Supreme Court of liability for a $35 mil- the University McCormack is admitted to practice in lion cleanup at a site near Kalispell, the of Montana’s Montana state and federal courts. He can Mullowney successful defense of the state in toxic AlexanderBlewett be reached at 406-752-7122 or jmccor- tort and property devaluation cases, and III School of Law [email protected]. representation of the state in the Asarco in 2017. Prior to law school, he interned The law firm has also recently added bankruptcy, resulting in total payments with the Montana Office of the State Ashley Danno to its practice. Danno is to the governments and related trusts Public Defender. While in law school, a Flathead County native and gradu- of around $1.794 billion, the largest he interned with McLean, Younkin & ated from Flathead High School in 2006. Superfund recovery in history. Brooks Willett. She earned her B.A., summa cum laude,

Page 4 June/July 2018 Member and Montana News from Vanguard University of Southern 5-year-old daugh- public affairs, California in 2010. She earned her law ter, Ada. corporate social degree from the University of Montana Tanner clerked responsibility, and School of Law. While in law school, she for Judge Sidney nonprofit service. served as the president of the Montana R. Thomas, United Most recently, Trial Lawyers Student Chapter. States Court of she worked as Danno’s practice is focused primar- Appeals for the in-house counsel ily on civil litigation and she is admitted Ninth Circuit, and at a consulting to practice in Montana state and federal Judge Donald W. firm, after serv- Tanner courts. Ashley can be reached at 406- Molloy, United Baucus ing as an associate 752-7122 or [email protected]. States District Court director at the U.S. for the District of Montana. Department of Justice in Washington, Tanner named partner, He joined Boone Karlberg’s litigation DC. In private practice for seven years shareholder at Boone Karlberg and appellate practice in 2013. before that, she represented clients in all types of legal matters, including disputes Boone Karlberg P.C. in Missoula has Moulton Bellingham in Billings involving banking, energy, insurance, announced that Randy J. Tanner is a new welcomes Baucus to firm securities, healthcare, mortgage lending, partner and shareholder with the firm. government contracts, international busi- Tanner was born and raised in rural Moulton Bellingham PC in Billings ness and trade, antitrust, transportation southern Illinois. He moved to Missoula has announced that Stephanie Baucus has and aviation, intellectual property, and to study forestry at the University of joined the firm. food and product safety. She concen- Montana, where he earned his Ph.D., and Baucus is a seasoned attorney with trates on civil, criminal, and administra- then attended the University of Montana over 15 years of experience in corporate tive matters for individuals, companies, School of Law. He met his wife, Jamie matters, litigation, white collar criminal and nonprofits and advises clients on Bray-Tanner, a forensic scientist, while defense, internal investigations, compli- attending the university. They have a ance planning, government relations, News, next page

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www.montanabar.org Page 5 The LL.M program at UNL was News, from previous page established with a grant from NASA and Submitting to Member & government and public relations. a partnership with the U.S. Air Force Montana News Section Baucus graduated from Harvard Law Strategic Command. Vicevich attended School and earned her B.A., summa on a NASA scholarship and his thesis The Montana Lawyer welcomes focused on cyber insurance. He has cum laude, from Emory University with submissions from Montana at- expanded his practice in the Northwest majors in political science and religious torneys about new jobs, honors, to include consulting on cyber insurance, studies. She serves on the Montana publications, and other accom- e-commerce, and data breach response. Human Rights Commission, as well as plishments. Please send submis- Secretary of the Board of the YWCA, a He can be reached at 406-782-1111 or [email protected]. sions to [email protected]. ACHIEVEMENTS APPOINTMENTS Vicevich earns LL.M. in cyber, Gov. Steve Bullock recently appointed former chair Scott Cruse, who announced a number of Montana attorneys to state his resignation from the board in April. telecommunication, space law boards and commissions. Newman, who is not running for re-elec- Kathleen VanDyke, a retired mediator tion as a judge, has been a deputy county David L. Vicevich and attorney from Bozeman, was appoint- attorney and a legislator. of Butte earned a ed as a public representative to the Board Stephanie Baucus and Tim Tatarka, Master of Laws in of Public Accountants. both of Billings, were appointed to the cyber, telecom- Steven Small, an associate at Holland state Human Rights Commission. Baucus munications, and & Hart in Billings, was appointed as a is n attorney with Moulton Bellingham space law from public representative to the Board of in Billings. She previously worked as in- the University of Architects and Landscape Architects. house counsel at a consulting firm and at Nebraska-Lincoln The Honorable Brad Newman of the U.S. Department of Justice. Tatarka College of Law and Butte was appointed to the state Board is an assistant U.S. attorney with the U.S. received his degree Vicevich of Pardons and Parole. Newman, a 2nd Attorney’s Office. A 2010 graduate of the during commence- Judicial District Court judge, replaces Stanford University Law School. ment exercises May 5.

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 Regulations | 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 International Law | 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

Page 6 June/July 2018 State Bar News Pierce elected President-Elect of State Bar Juli Pierce of Billings was elected State year’s ballots. Jessica Wilkerson of (Flathead and Lincoln Counties) Bar of Montana President-Elect in voting Montana Legal Services Association’s Ryan Hennen, Whitefish tabulated on June 1. Bozeman office was elected to her first AREA B Trustees Pierce, an attorney at Moulton term. She will be the only new trustee to (Missoula, Mineral, Lake, Ravalli Bellingham in Billings, is the current join the board in September. and Sanders Counties) chair of the bar’s Board of Trustees. She Also in the elections, Shane Vannatta Beth Brennan, Missoula was the only candi- of Missoula, a past president of the bar, Brian C. Smith, Missoula date for President- was re-elected as the State Bar’s del- David Steele, Missoula Elect on the 2018 egate to the American Bar Association. AREA C TRUSTEE ballot. She was first Vannatta has served in that capacity since (Silver Bow, Deer Lodge, elected to the Board 2012. Beaverhead, Granite, Jefferson, of Trustees in 2013 Ballots were mailed to members on Madison and Powell Counties) and re-elected in May 1. Deadline to mail completed bal- Kaylan Minor, Dillon 2015 and 2017. lots was May 21. Following is a list of all AREA D TRUSTEES The bar’s current winners. (Cascade, Glacier, Pondera, Teton Pierce President-Elect, and Toole Counties) Eric Nord, will 2018 STATE BAR OF MONTANA Paul Haffeman, Great Falls take over as State ELECTION WINNERS Channing Hartelius, Great Falls Bar President at the Annual Meeting in President-Elect AREA G TRUSTEES Kalispell Sept. 19-22. Pierce will assume Juli Pierce, Billings (Gallatin, Park and Sweetgrass the President-Elect duties term at that State Bar ABA Delegate Counties) time. Shane Vannatta, Missoula Christopher Gray, Bozeman Nine trustee positions were on this AREA A Trustee Jessica Wilkerson, Bozeman

Water Law Section inaugural Annual Meeting MICHAEL A. VISCOMI, ESQ. to feature Q&A with water judge, panel talks Viscomi, Gersh, Simpson & Joos, PLLP 121 Wisconsin Avenue, Whitefish, MT 59937 The State Bar of Montana’s Water Law Section will hold its inaugural Annual Meeting in Bozeman on Aug. 10. The meeting will feature a Q&A with Chief Water Judge Russ McElyea, a panel discussion with members of the Water Adjudication Advisory Committee, and a panel discusion with members of the Water Policy Interim Committee. The meeting will be from 1 to 4:30 p.m. at the Courtroom in Bozeman, followed by a no-host meet and greet at MAP Brewing Company at 5 p.m. The section will also be filling two officer positions at the meeting: Chair-Elect and Secretary. The Secretary position is a 1-year term. The Chair-Elect position rotates into the Practice now limited to ADR matters: Chair position in 2019-2020 and Past-Chair in 2020. If you MEDIATION are interested in nominating yourself or someone else for one of the vacant officer positions noted above, please contact ARBITRATION Pepper before Aug. 1 at [email protected] or SPECIAL MASTER ASSIGNMENTS 406-599-7424. If you are not yet a Water Law Section member, you can Scheduling available at: still attend the Annual Meeting if you join and pay the appli- 406-862-7800 cable dues by Aug. 1. For more questions on joining the sec- [email protected] tion, please contact Dana Pepper at dana@riverandrangelaw. Online calendar available through com or Abby Brown at [email protected]. The National Academy of Distinguished Neutrals www.nadn.org/michael-viscomi

www.montanabar.org Page 7 State Bar News 3 attorneys apply for 21st Judicial District judge opening Three Hamilton attorneys have applications may be viewed at http:// appointment after reviewing the applica- applied with the Judicial Nomination courts.mt.gov/supreme/boards/jud_nom- tions, receiving public comment, and Commission for a 21st Judicial District ination. Comments will be accepted until interviewing the applicants if necessary. judge vacancy. 5 p.m. on Thursday, July 12. The person appointed by the Governor The commission began accepting Comments become part of an ap- is subject to Senate confirmation during applications for the in May to fill the seat plicant’s file and will be posted on the the 2019 legislative session. The position to be vacated by Judge James A. Haynes. commission’s web page and forwarded to is subject to election in 2020, and the Judge Haynes is retiring effective July 31. the Gov. Steve Bullock. Public comment successful candidate will serve a six-year The following attorneys have applied: may be submitted to: term.  Jennifer Boatwright Lint, Judicial Nomination Commission, Judicial Nomination Commission Boatwright Law Office c/o Lois Menzies, Office of Court members are District Judge John C.  Howard Frank Recht, chief civil Administrator, P.O. Box 203005, Brown of Bozeman; Jan Bishop of counsel, Ravalli County Attorney’s Office Helena, MT 59620-3005; by email to Missoula; Karl Englund of Missoula;  Thomas John Schoenleben Jr., [email protected]; or by calling Elizabeth Halverson of Billings; Hal Bitterroot Law 406-841-2972. Harper of Helena; Lane Larson of The commission is now seeking The Commission will forward the Billings; and Nancy Zadick of Great Falls. public comment on the applicants. The names of nominees to the governor for

Annual Meeting resolution the regional competition in Pocatello. The first clinic will be held June 21 proposals due Aug. 7 Two Helena teams placed second and in Browning. Additional clinics will be third, earning invitations to the Idaho in Whitefish, Red Lodge, and Butte, and Any State Bar of Montana member state competition in Boise. possibly in Helena and Wolf Point. who would like to propose a resolution to In Boise, the Montana students The clinics are from 9 a.m. to 4 p.m., be voted on by membership at the 2018 competed against the best teams in Idaho with an orientation starting a half an Annual Meeting must submit it no later earning sixth and 10th place overall hour before. Volunteers will see a maxi- than Tuesday, Aug. 7. finishes. In addition, Emma Eodice, mum of six individuals to complete basic All properly submitted resolutions Jordan Straub, and Aurora Boutin earned estate planning documents. Laptops and will be reviewed by the Past Presidents individual awards for their exemplary forms will be provided. Volunteers will Committee to ensure they are consistent performances. be reimbursed for mileage, hotel and per with the Constitution and the By-Laws of The students compete in Idaho be- diem. the State Bar of Montana and orders of cause Montana does not have a statewide Adult Protective Services will hold a the Montana Supreme Court. mock trial program. training session on financial exploitation Resolutions must be submitted to The high school mock trial teams are and determining capacity the day before Executive Director John Mudd and may coached by Helena High teacher Kacey each clinic, with the exception of the June be sent by email to jmudd@montanabar. Askin and by Helena attorneys Kayleigh 21 clinic in Browning. The training has org or by mail to State Bar of Montana, Brown and David Morine. For more been approved for CLE credits. c/o John Mudd, P.O. Box 577, Helena, information on starting a mock trial If you have questions or would like MT 59624. The 2018 Annual Meeting will team in your area, please contact Askin at to volunteer, contact Katy Lovell, legal be held in Kalispell Sept. 19-22. [email protected]; or Morine at services developer, at 406-444-7787 or [email protected]. 1-800-332-2272. High school mock trial finds Clinic schedule: success in Idaho Volunteers sought for summer, June 21 — Browning fall legal document clinics July 25 — Whitefish High school students from Helena August 23 — Red Lodge found success at the mock trial competi- Attorneys and paralegals are needed September — (Date and location to be tions in Idaho this spring. Three teams, to volunteer at a series of legal document determined) composed of students from Helena and clinics that the Montana Aging Services October 3rd (tentative) — Wolf Point Capital high schools, competed against Bureau is holding around the state this October 18 — Butte teams from schools in eastern Idaho at summer and fall.

Page 8 June/July 2018 Court News 2 reappointed to Commission Montana teens chosen finalists in on Courts of Ltd. Jurisdiction 9th Circuit civics essay, video contest The Montana Supreme Court has reap- pointed two members of the Commission Six Montana high school students Corvallis; and third place, Alec Good, on Courts of Limited Jurisdiction to new were selected as finalists in the 2018 a senior at in terms to end June 30, 2022. Ninth Circuit Civics Contest. Great Falls. In a June 1 order, the court said that This year’s theme was “150 Years af- Video: First place, Layla Brinkerhoff, Pondera County Attorney Mary Ann ter Ratification of the 14th Amendment: a senior at Fort Benton High School Ries and Kalispell City Attorney Charles What Does Equal Protection Mean to in Fort Benton; second place, the team Harball were recommended by their re- Students?” and focused on key court of Austin Grove, Tucker Walter and spective associations to continue to serve decisions and legislation related to Katelyn Bacon, seniors at Moore School on the commission. equal protection and schools. Students in Moore; and third place, Lilly Green, a in grades 9-12 in public, private and senior at Fort Benton High School. Wyoming Burke parochial schools and home-schooled District of Montana winners go retiring effective Oct. 8 students of equivalent grade status were on to the larger Ninth Circuit contest, challenged to write an essay or produce which offers additional prizes of $2,000, The chief justice of the Wyoming a short video on the topic. $1,000 and $500 for the top three essays Supreme Court plans to retire this fall. All 15 federal courts in the Ninth and videos, and a trip for the first-place Chief Justice E. James Burke’s retire- Circuit held local contests with winners winners accompanied by a parent or ment Oct. 8 will give Gov. Matt Mead the going on to compete in the circuit-wide guardian, to attend the 2018 Ninth opportunity to have appointed all five competition. Montana winners are: Circuit Judicial Conference in Anaheim, justices. Essay: First place, Zach Mangels, Calif. The winning essay will be read He became a Wyoming first District a sophomore at Skyview High School and the winning video will be shown on Court judge in 2001. He was appointed to in Billings; second place, Sylvia Stoker, July 23 during the opening session of the Supreme Court in 2005 and became a senior at Corvallis High School in the circuit conference. chief justice in 2014.

State Bar is the premier resource for positions of Montana for Montana legal professionals.

The State Bar of Montana Career Center will allow you to: • Post your job in front of the most qualified group of lawyers and paralegals in the industry. • Promote your jobs directly to candidates via the exclusive Job Flash email. • Search the anonymous resume database to find qualified candidates. • Manage your posted jobs and applicant activity easily on this user-friendly site. www.montanabar.org jobs.montanabar.orgPage 9 On The Cover | Client Communication

The art of delivering

By P. Mars Scott

Page 10 June/July 2018 Unfavorable results are inevitable in the . How you handle the negatives is a key to your success.

he Los Angeles Times recently Leadership and professionalism means published an article - you accept the responsibility of dealing 10 tips for ten by Dr. Tom Roberts, an with bad news. Success in business is internal medicine resident at not easy but if you can’t effectively deal communicating TMassachusetts General Hospital, wherein with negative issues as they arise in your he discussed the importance of doctors practice, you will not be successful. How unfavorable news and hospital staff properly delivering do you do that? bad news to patients and their families There isn’t a formula for delivering when medical treatments don’t go right; bad news that works for every case, but yet medical schools and hospitals don’t here are 10 points for consideration1. train doctors and hospital staff on how 1. You are the one to deliver the bad to properly deliver bad news. We are all news. You, the lawyer, are in charge of excited when sustained efforts result in the case and therefore you are in charge 1. 6. victories and when that happens, deliver- of delivering the bad news. That’s leader- Deliver the Start at the ing good news is easy. But there are times ship. Under no circumstances should any news yourself beginning when sustained efforts don’t result in vic- staff member be the one to deliver the bad tories and when that happens, someone news. Don’t leave a voicemail message has to deliver the bad news. Like so many that you lost on an issue. Most impor- things, there is a right way and a wrong tantly, don’t email a bad decision without way to do that. first talking to the client to let them know Dr. Roberts’ article prompted me to that it’s coming. Clients don’t want to be think about legal education and lawyer ambushed. Deliver the news up front. 2. 7. mentoring. There is only so much time to Keep in mind; it might be harder for you Know all Avoid instruct law students on the fundamen- to deliver the bad news than it is for the the details blaming tals of legal education, and law schools client to hear it because sometimes they can’t teach everything about the practice are expecting it. of law. Lawyer mentoring after law school 2. Know the details of the decision. depends upon the programs set up in Dr. Roberts stated that success in busi- individual law firms, and for sole practi- ness is about getting the details right in tioners, it depends upon experienced law- critical conversations. That’s also true yers voluntarily spending time with them in the practice of law. Before you call 3. 8. which is generally limited. Of the post law your client, make sure you understand Practice what Acknowledge school mentoring time, there is probably the details and nuances of the ruling and you will say mistakes little mentoring about how to deliver bad that you are prepared to discuss why the news to clients. ruling came out as it did. You might also As Professor Irving Younger of the consider having a timeline that charts University of Minnesota Law School re- the course of the case and shows when portedly stated, if you’re trying real cases certain tactical decisions were made that with real issues against real attorneys with may have had an effect on the outcome. If an impartial judge or jury, statistically the you haven’t already prepared a timeline, best or worst that you can do throughout your billing statement might help you 4. 9. your legal career is 50 percent. If your create one. Don’t delay! Embrace silence results are more or less than 50 percent, 3. Practice. Mentally practice your something is wrong with the equation. upcoming conversation with your client For everyone in the legal trenches, there and envision the outcome you hope for. will be a day when you will need to de- Think about possible reactions to the liver bad news to your client. news from your client and visualize your Dr. Roberts, who also has an MBA from Stanford University, stated that BAD NEWS, page 26 5. 10. many successful business leaders direct Give yourself Look for the much of their energy toward master- 1 Several of these ideas come from the article enough time bright side ing the art of difficult conversations. written by Maurice Grant and Eileen M. Letts in GPSOLO January/February 2008. Montana Lawyer graphic www.montanabar.org Page 11 Feature Article | Risk Management

LEARNING TO SAY NO The huge burden that can result when attorneys take on more than they should is a problem both from a quality of life and a risk management perspective

By Mark Bassingthwaite

Page 12 June/July 2018 ome people seem to view having to say no as requiring them to be confrontational; and for these folks, confrontations are difficult things to get through. Others view saying no as being rude. Now, certainly how a “no” is delivered can be rude; but the act of saying no in and of itself isn’t. Regardless of the reason or situation in which one might struggle with saying no, it’s a valuable skill to learn. In fact, in the context of a law practice, the ability to say no can be a real life saver because we’re talking about quality of life issues here.

When visiting law firms around the know when the next prospective cli- If your practice is going to be truly full country, I often ask a few questions about ent might come through the door and I for a time, consider instructing staff to firm culture in an attempt to understand do have bills to pay.” I have even heard inform all potential clients that you cur- the environment in which everyone is “Making these kinds of personal sacrifices rently are not accepting any new clients working. For example, is the setting con- is one of the costs that come with being for X number of months and that they ducive to allowing staff and attorneys to an attorney.” are free to check back at that time. All of maintain a healthy balance between their The inability or refusal of an attorney these approaches are examples of ways personal and professional lives? If yes, to say no to taking on more clients than to say no in a non-confrontational and that’s great! If no, I become concerned. she should, to willingly take on additional respectful way. The risk of a malpractice claim is now work that is beyond her comfort zone, Allow me to share one final thought higher than it otherwise would have been or to agreeing to work with a recognized to further drive a point home. Time has if for no other reason than that missteps problem client requesting her services always interested me and I am particu- can happen more readily when we’re not can readily evolve into a serious prob- larly fascinated by how others manage at our emotional best or if our batteries lem. While the occasional sacrifice is time. A number of years ago I knew a are running low. often fine, for the attorney who habitu- physician who regularly allowed his pa- Upon further questioning in those ally struggles with saying no, the work tient schedule to get overbooked and he settings where things are out of balance, environment can quickly be experienced could never keep up. Yet every afternoon, it is common to find that work hours for as a huge burden resulting in feeling without telling anyone and in spite of some are beyond reasonable. I am not overwhelmed or out of control. This isn’t patients waiting, he would simply walk trying to suggest that working long hours good, either from a quality of life or risk off site and grab a cup of coffee for 10 to is a direct cause of malpractice claims. management perspective. If left unat- 15 minutes. Although this drove his staff It is not. In fact, I have met a number of tended for any length of time, burnout or crazy, he always came back refreshed and attorneys and staff who work incredibly depression often follows. ready to take on the rest of the day. While long hours and remain quite happy and This is why it’s important to learn to I wouldn’t recommend this as a way to content. However, these individuals also say no. It can be done creatively, re- manage time or clients, there is some- often play hard when they are not work- spectfully, and non-confrontationally. thing of value to be learned here. As I see ing. Most importantly, they have found Consider a statement along the lines of it, this doctor was on to something. This ways to stay refreshed and sharp during these very respectful ways to say no: was his way of reminding himself who the time they devote to their personal  “At present, due to the number of was in control of his professional life. He lives. My focus is really directed toward pending cases here at our firm, we are not was. those individuals who feel that their own able to represent you in this case. Please So go ahead, take control, and say no work circumstances are burdensome. understand that it is our firm policy when necessary. It really is OK. When pressed, I will often hear from to decline representation on any mat- these individuals comments along the ter where we do not feel confident that ALPS Risk Manager Mark Bassingthwaighte, Esq.. has conducted lines of “I really don’t know how to turn we can invest all of the time and energy over 1,000 law firm risk management down clients so I have taken on more necessary to do the best possible job for assessment visits, presented numerous than I had planned,” or “This client has our client.” continuing legal education seminars been a client of mine for many years and  “While I greatly appreciate your throughout the United States, and writ- I can’t risk saying no to the additional continued loyalty, my legal judgment tells ten extensively on risk management and work even though the work isn’t some- me that you are best served by my assist- technology. You can find many of his recent seminars to assist you with your solo thing I am comfortable handling.” Others ing you in finding an attorney with the practice at our on-demand CLE library, at have shared “While I knew I shouldn’t level of experience this particular matter montana.inreachce.com. You can contact have taken this client’s matter on, I didn’t calls for.” him at: [email protected].

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Page 14 June/July 2018 Feature Article | Equal Justice MLSA’s Ask Karla offers a new way to do pro bono: Online and on your own time Angie Wagenhals AskKarla.org allows lawyers to anony- The site is named after the late Chief Montana Legal Services Association mously answer vetted civil legal questions Justice Karla Gray to honor her long posted by Montanans living in poverty. dedication to access to justice. Chief The Montana Legal Services Best of all, attorneys can do this on their Justice Gray gave her all to champion- Association (MLSA) is proud to intro- own schedule and in less than an hour. ing the mission for equal justice for all duce the next phase in its expansion of The 2018 Annual Pro Bono Report Montanans. She believed that the most limited-scope pro bono opportunities. prepared by the Montana Supreme Court fundamental promise of our country, Launched on May 1, AskKarla.org is Statewide Pro Bono Program reports equal justice under the law, could be MLSA’s new online advice site that allows that 29 percent of respondents indicated achieved only by assuring that every per- attorneys to anonymously answer civil le- that pro bono in the state would improve son who needs access to justice gets it. gal questions posted by income-qualified with an increase in AskKarla.org is an attempt to work clients on a secure online platform. It is opportunities for toward that assurance of equal justice an easy and effective way to do pro bono finite hour contribu- under the law. MLSA designed the site to on an attorney’s own schedule. tions. This feedback be easy for attorneys to use and to be an In fact, the site is designed to make it echoes what MLSA accessible and helpful resource for clients. as easy as possible for attorneys to do the has long heard from If you are interested in volunteering by type of pro bono work they want to do. volunteers. Montana providing advice over the site, please visit Attorneys create an account and choose attorneys are dedi- AskKarla.org and click the “Volunteer” from a queue of questions on a variety of cated to pro bono as button. You’ll create an account and will civil legal issues posted by client users. AskKarla.org part of their practice be given access to the queue of ques- Attorneys can check cases out of the but also lead active tions after MLSA verifies your account. If queue to review prior to providing an lives and maintain busy practices, mak- you have any questions about the site or answer. Once an attorney finds a ques- ing full representation pro bono cases how you can get involved, please contact tion they want to answer, it’s as easy as difficult to take on. Using a Pro Bono MLSA Pro Bono Coordinator Angie typing a response. As with all MLSA pro Innovation Fund grant awarded by the Wagenhals at [email protected] or bono programs, MLSA provides volun- Legal Services Corporation, MLSA has call 406-442-9830 ext. 148. teers with malpractice insurance and any been busy developing limited-scope pro support they need. bono opportunities around the state in Angie Wagenhals is the pro bono coordinator at Montana Legal Services Most lawyers want to give back to response to this feedback. AskKarla.org is Association. our community with pro bono services the latest effort to increase opportunities but don’t have much time to volunteer. to do limited scope around the state.

Want to sign up?

If you are interested in volunteering by providing online advice, visit AskKarla.org and click the “Volunteer” button. You’ll create an account and will be given access to the queue of ques- tions after MLSA verifies your account. If you have any questions about the site or how you can get involved, please con- tact MLSA Pro Bono Coordinator Angie Wagenhals at [email protected] or 406-442-9830 ext. 148.

www.montanabar.org Page 15 Feature Article | International Justice (The Other) Georgia on his mind: Lessons on law and evidence in a former Soviet state Montana Lawyer editor Joe Menden suggested I write “an article on what you’ve been up to in Georgia,” assur- The science of jurisprudence ing me that a lot of members would be Former UM law school professor interested. So because, as our greatest Jeffrey Renz says the insights of stu- President would say, “a lot of members dents in his “Science in the Courtroom” at class Tbilisi State University in the are interested in what I have to say,” here Republic of Georgia are often revealing goes. about the state of legal life there. First we must be clear, because a lot of members have been to Atlanta, some even to Columbus, Georgia, and other re- gions of the Peach Tree State. We are not talking about That Georgia but about the Other Georgia, the one that some mis- takenly identify as part of Russia. I live in Tbilisi, the capital of Other Georgia and I currently teach a course at Tbilisi State University. My course is “Science in the Courtroom.” I would have called it Scientific Evidence, but this is one of those places that consider jurispru- dence to be a science.1 The first half of the course addresses wrongful criminal convictions and their causes. The second Montana Lawyer graphic half presents various scientific disciplines that are used properly in court cases. I thought this would be a useful course presented a fictional expert, who held a for the expert’s trial appearance an in this former Soviet republic. When Ph.D. in linguistics and philology, a Ph.D. enterprising law student discovered that Professor Greg Munro and I visited a in psychophysiology, and a master’s the expert’s university did not offer the forensic lab in another former Soviet degree in audio engineering. The expert second degree at the time the expert republic, we asked if defense counsel was claimed to be able to distinguish truth- matriculated. (The expert retired from permitted to see the records of various telling from lying based on the tone, forensic testimonial life shortly after- lab tests. We were told, “No, because we rhythm, and speed of a person’s speech. I wards.) I digress, but it is good to know, do not make errors.” When we asked if asked students, before you use him as an or in this context, bad to know, that the defense had the opportunity to retest expert, “What do you want to know from there are exceptions.The majority of my evidence, the same answer was combined him and about his technique?” students responded, “first I would check with the respondent’s astonished look. My sense of the question was that to see that his degrees were genuine.” If Teaching students means that your the expert’s degrees were genuine. After you have worked in this part of the world, students often teach you. It was my ex- all, expert witnesses in the United States you know that in the past there were perience with them over the last few days never inflate their resumes. Actually, two ways of earning a degree. The first that prompted me to write this article. there was a crime lab expert who claimed involved books and the second involved I recently finished grading their mid- a degree in a double major, the second money.3 (That, the money part, has been term examination and listened to their of which was in a science discipline. It is done away with since 2004, when the new oral presentations of their course paper. useful to have a science degree if you use president of Georgia fired all university Both revealed some realities of Georgian terms like “dosing” and “experiment” in administrators in one day.) I gave the courtroom life. One exam question your expert testimony.2 In preparation GEORGIA, page 27

Page 16 June/July 2018 Continuing Legal Education

For more information about upcoming State Bar CLEs, contact Meagan Gallagher at [email protected]. You can also find more info and register atwww.montanabar.org . Just click in the Calendar on the lower right of the home page to find links to registration for CLE events.

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www.montanabar.org Page 17 Feature Article | Technology in Law Running with the machines: Artificial intelligence advances bring benefits, threats to practice of law

By Sharon D. Nelson Esq. and John W. Simek Sensei Enterprises

Back in 2015, we wrote an article entitled “How Will Watson’s Children Impact the Future of Law Practice?” What a lot has happened ince then! The children of Watson and other Artificial Intelligence (AI) technologies continue to spawn at an ever-accelerating rate. Only recently has genuine real-world usage of AI in law firms begun to flour- ish. Amid the initial hype, much of what was ballyhooed as AI, in our judgment, was not. Even today, there is an astonish- ing amount of hype – everyone wants to say they’ve boarded the AI train. As we write, an article from InfoWorld was just published entitled, “Artificially Inflated: It’s Time to call BS on AI.” While great product that people fear will compete for On the plus side, AI will be beset by ‘clickbait’, we think the title overstates their jobs. Thus we have seen marketing all sorts of problems — especially AI de- the case. The peaks and troughs of AI are morphing. Ross Intelligence, once called vices connected to the Internet of Things, well documented, and as we are now at a “The Superintelligent Lawyer” on the replete with the kinds of vulnerabilities peak, the hype factor gets greater, while website, is now referred to as “an artifi- that are already well documented. That the reality (often very good) is lost in the cially intelligent system that gets smarter will foster more litigation, without a noise of the hype. each day to advance your legal career.” doubt. Will the machines need compe- As large firms, which certainly need to Now that is a major change in tone! tent trainers? Of course. Will such things be at the forefront of innovation, begin to There’s even a video showing how Todd, constitute a silver lining to an ominous invest considerable sums in AI, the land- “an exceptional lawyer” is originally cloud? Maybe. There will still be many scape is changing. Large law firms simply afraid of ROSS taking his job and is stuck jobs on the chopping block. cannot afford — for monetary and brand in the mundane and repetitive task of le- In December of 2016, we learned that reasons — to be left behind. Clients will gal research but then comes to see ROSS five percent of Accenture’s workforce begin to see the efficiencies of AI and as freeing him to spend time focusing on is no longer human. At Accenture, that its extraordinary possibilities wherever his clients rather than legal research. percentage equates to 20,000 full-time- AI may be found. AI will be a honeypot So that is why we named this article equivalent positions. Accenture describes to clients seeking those efficiencies and “Running with the Machines” — we are itself as a leading global professional possibilities. indeed going to have to find a way to services company providing a range of A note: An article of this length coexist with AI. This may take the form strategy, consulting, digital, technology cannot adequately address all the players of new jobs made possible with AI or new and operations services and solutions. in the legal AI market and what they ways of doing our jobs. No matter what That kind of work sounds very much like can do. We call out a few names simply the vendor marketing says, it is clear that the kind of professional services offered because we’ve run into these companies jobs will be lost — and it is probably a by lawyers. through colleagues or our reading. fool’s mission at this point to predict how Scholars Dana Remus and Frank many. What we can predict is that a large Levy have suggested that AI will have a Fear of ‘Robot’ Lawyers amount of legal work which lends itself “moderate” effect on areas such as legal There is no shortage of lawyers who to automation will indeed be automated research, drafting and due diligence, fear they will be replaced by AI. Those precisely as predicted by British futurist which one study puts at 40 percent of who sell AI have come, in the last two Richard Susskind. legal work. In many areas of law, only a years, to realize that it is hard to sell a

Page 18 June/July 2018 “light” impact is anticipated — at least These systems will also reason and learn E-discovery in the short term. Not sure we see it that in a much more human-like way. We will look at this only briefly, way, but for the sake of balance, it is If you find all this fascinating, as we because there is no doubt among the worth citing another view. do, watch this 16-minute video to learn experts that technology assisted review More accurate, as we see it, is the more: (TAR) contains some AI. Machine conclusion of a Deloitte insight report https://www.youtube.com/ Learning, Natural Language Processing released in 2016 which said that “pro- watch?v=-O01G3tSYpU. (NLP) and similar techniques like data found reforms” will occur in the legal or text-mining, big data analysis, concept Where Legal AI is Today sector over the next decade, estimating search, topic modeling, clustering, audio that nearly 40 percent of jobs in the legal Michael Mills, the co-founder and search and machine translation are all AI sector could be automated. Chief Strategy Officer of Neota Logic, techniques that can be used to identify regularly updates a graphic which shows specific document categories and to Understanding AI the current state of AI in the legal indus- search for relevant information in these Amid so many resources on AI, the try. He identifies players in the follow- documents. Defense Advanced Research Projects ing areas of law: E-discovery, Contract While there many companies offer- Agency (DARPA) has a pretty good analytics, Prediction, Legal Research, ing TAR, certainly one of the leaders is handle on what constitutes AI. There are Expertise Automation. Catalyst. In October of 2016, Catalyst put three AI phases broadly defined as: There are roughly 40 companies forth a peer-reviewed graphic showing Handcrafted knowledge (many sys- focused in the legal sector which Michael how, using TAR 2.0, 1 reviewer could tems have this). These systems can’t really believes qualify as using AI. do the work of 48 reviewers using TAR learn and handle uncertainty poorly So . . . what can AI actually do? We 1.0, reviewing 723,537 documents in — they can only enable reasoning over talked to Mark Tamminga, the partner in five days. You can find this infographic narrowly defined problems. The early Leader Innovation Initiatives at Gowling at http://catalystsecure.com/resources/ self-driving cars were in this category, WLG and asked how his firm uses Kira library/infographics/1301-how-does- unable to distinguish a shadow from AI. He referred us to Rich Kathuria who 1-reviewer-do-the-work-of-48. a rock in desert driving, not knowing is the firm’s National Director, Project where to drive to be safe. Most cybersecu- Management and Legal Logistics. Here’s Contract analysis rity applications fit here — they can study what Rick had to say: JPMorgan Chase is saving on law firm computer code, compare it to known “AI shows real potential – in the right dollars by using software called “COIN” vulnerabilities and fix it, but that’s all. circumstances and even in the not- — short for Contract Intelligence — to Statistical Learning (such as Kira so right circumstances. We used Kira review commercial loan agreements. The Systems, Watson (and ROSS), Lex recently for a very large contract analysis software reviews documents in seconds, Machina). These applications are trained project for one of our clients. The project doing work that once required 360,000 on big data. They perceive the natural involved reviewing various agreements hours of work each year by lawyers and world, they may have facial recogni- and documentation to assess the risk loan officers. How can you read that and tion, and they learn from data sets. Their associated with various assets. Since really think that lawyers jobs aren’t at reasoning intelligence and abstracting Kira did not have built-in models for stake in an AI world? capacities are still limited. They are best these types of documents, Kira was not The bank says the software has helped at classifying data and predicting conse- immediately able to extract the required reduce loan-servicing mistakes that were quences from it. information automatically. But we were often attributable to human error in in- They are statically impressive but in able to use the learning capabilities of terpreting 12,000 new contracts per year. individual cases, often unreliable. Note Kira to teach it to identify the key clauses DLA Piper is using artificial intelli- that it took less than 23 hours in March of within the documentation that we were gence software for due-diligence docu- 2016 for Twitter to corrupt Tay, a bot de- looking for. ment review in mergers and acquisitions. vised by Microsoft for what the company Kira learned these well and after The software searches text in contracts described as an experiment in “conver- the training, it was able to pull out the and then creates a summary and an sational understanding.” Microsoft said relevant clauses in various documents. analysis. the more you chat with Tay, the smarter In addition, Kira’s ability to convert Reed Smith is testing artificial intel- it gets, learning to engage people through the scanned documents into readable ligence software by RAVN System, re- conversation. But Tay was bombarded text and run comparisons against other viewing hundreds of pages of documents with racist, misogynistic remarks — and similar agreements made the project run to identify and pull out certain items in Tay began to respond in kind. Microsoft much more efficiently.” contracts. RAVN made some mistakes, pulled it in less than 24 hours. We read that as a pretty good en- but it improved when lawyers added in- Contextual Adaptation (we’re not dorsement. And indeed, one of the major formation to their queries. The platform there yet). These systems will construct features of the new generation of AI is also picked up some mistakes missed on a explanatory contextual models to explain, the fact that the machines are learning – first review by lawyers. for instance, why they made a deci- faster and with more reliability. We have recently seen good press sion that a cat was a cat. Sounds simple about another company called LawGeex enough, but the reality is very complex. www.montanabar.org Page 19 Page 20 June/July 2018 which uses artificial intelligence to review to the Lex Machina website if you have Expertise Automation contracts and spot missing or problem- a subscription. Lex Machina’s Motion Certainly one well-known leader in atic clauses. It sure looks like a lot of Chains enables you to analyze your odds this area is Neota Logic which offers transactional lawyers might have cause of success for a specific type of mo- an artificial intelligence platform that to be nervous about losing work to the tion based on historical data. Similarly, enables clients to intelligently automate machines. you can see how opposing counsel has their expertise at Internet scale through performed on similar cases or before an operationally useful form – as applica- Prediction your judge. You can also research parties, tions embedded in business systems or Let’s take a look at one of the lead- case damages, venues, practice areas, etc. consulted interactively in a browser. ing companies is up to these days. Lex for business development purposes. As As we were writing this article, Neota Machina was acquired by LexisNexis in you research, you can download briefs, announced the release of Neota Logic 2015 and seems to be going great guns. exhibits, and other documents from cases System 8.0 which included a comprehen- Lexis Advance is a legal research service of interest. We haven’t even given you sive redesign of the proprietary hybrid that now includes litigation analytics the full breadth of what you can do with reasoning engine that is the foundation from Lex Machina. When you next have Lex Machina apps, but it is increasingly of the platform along with a host of new an antitrust, copyright, patent, trade- impressive. features. We noted that Neota’s home mark, or securities case, you can use Lexis page quotes Gartner, the well-known Legal Research Advance to research the judge presiding research company, which has predicted over your case. Soon (maybe even by the ROSS Intelligence is the AI platform that by 2020, 85% of customer interac- time this article is in print) you’ll also be that first seemed to catch the attention of tions will be managed without a human. able to research opposing counsel and the legal world. As we go to press, ROSS We imagine that will include a lot of law competing law firms. has been licensed by K&L Gates, Dentons, firm clients as well. Lex Machina transforms data from Lathan Watkins, BakerHostetler, Salazar federal court dockets into live charts. In Jackson, vonBriesen, Bryan Cave, Calling the Future Lexis Advance, you can access this data Womble Carlyle, Dickinson Wright, We are taking a chance here — and by clicking on the hyperlinked judge’s Fennemore Craig, and likely more by the prepared to eat a healthy slices of crow name in the text of a case or in the new time you read this article. pie if we are wrong — but we are pretty Legal Analytics box to the right of the Schooled originally in bankruptcy sure that the practice of law will morph case text. law, ROSS is now working on intellectual quickly over the next decade thanks to AI. This link takes you to a summary with property, knowledge management sys- Not all the changes will be welcomed by the judge’s biographical information, tems and contract review systems. ROSS the legal profession, but we will have to open cases by practice area, comparisons can read more than one million pages learn to run with the machines. It’s that to other judges in the district, cases filed of case law in a second, which is rather or extinction. Time to lace up those run- by year, and case timelines. These latter mind-blowing. ning shoes. charts give you a sense of how long the Andrew Arruda, the CEO and co- dispute may take to resolve and the odds founder of ROSS Intelligence, notes that The authors are the president and vice president of Sensei Enterprises, Inc., a legal of a trial. Lexis Advance users can access AI is in its early days, rather like the technology, cybersecurity and digital fo- these summaries without a Lex Machina Model T of cars. He also notes that all the rensics firm based in Fairfax, Va. 703-359- subscription. tech giants, IBM, Google, Amazon, etc. 0700; www.senseient.com For deeper insights, you can click are going “all in” on AI. Not much doubt from this summary in Lexis Advance about that.

newfound interest in the legal profession. women and men who support diversity President, from page 3 For a bit of inspiration, I highly recom- and equality in the legal profession. As mend that you experience the exceptional I reflect on Justice Ginsburg’s struggles left behind, but for the men who were life of Justice Ginsburg by viewing the and achievements, I know that we share discriminated against as well, believing documentary “RBG.” in the responsibility to improve our that “women will have achieved true Like Justice Ginsburg, Montana has legal profession and to educate the next equality when men share with them the its share of fiercely independent women generation. I hope that you will reflect on responsibility of bringing up the next who have blazed trails and fought gender how your actions serve to inspire others generation.” At age 85, Justice Ginsburg discrimination. As one of 15 women and how through your work you help to continues to be articulate, forceful and who serve among the 46 Montana district advance the opportunities and protec- unintimidated. Young adults gravitate court judges, I have benefited from tions afforded to all individuals in our to her, have coined slogans like “There’s these trailblazers. I continue to benefit system of justice. no Truth without Ruth” and express a from the unwavering commitment of www.montanabar.org Page 21 CONNECT THEFACTS

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Page 22 June/July 2018 All State Bar of Montana Active Attorney and Paralegal Section members receive access to Fastcase legal research as a free member benefit. Fastcase Bytes Tips & Tricks for Using Your Legal Research Benefit

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www.montanabar.org Page 23 The Montana Justice Foundation Board of Directors gratefully acknowledges the following donors for their support of the MJF and the access to justice cause.* Montana Justice Foundation Society of Justice HON. WILLIAM J. JAMESON CIRCLE TRIBUTE GIFTS

These donors’ gifts, over the course of their lifetime, The MJF gratefully acknowledges those who have made meet or exceed $10,000 gifts in memory or in honor of colleagues, family, and ALPS Matovich, Keller & friends. Bolded names are those being remembered or honored. Hon. Elizabeth Best Murphy PC Boone Karlberg PC Robert & Bonnie Minto Cok Kinzler Law Mountain West Bank IN MEMORY OF IN HONOR OF Crowley Fleck Mark Refling Mary Bennett Hon. Elizabeth Best Dyrud Law Offices, P.C. Molly Shepherd Nancy Sebena Kim Schulke Hon. Karen Townsend Ed & Joyce Eck Margaret McKeown People’s Law Center Hughes, Kellner, Sullivan Cascade County Hon. & Alke, PLLP Williams Law Firm Democratic Central Lonnie Morgan Ila B. Dousman Fund, Inc. Worden Thane, PC Committee Garlington Lohn & Brandi Ries Robinson Hon. Karla M. Gray Robin Turner Bob Brown Kevin Hart Wendy Holton HON. KARLA M. GRAY CIRCLE Lamb & Carey Law Michele Robinson These donors’ gifts, over the course of their lifetime, Sarah Sadowski meet or exceed $5,000 - $9,999 Mary Gail Sullivan & Hon. Beth Baker Chief Justice Eugene Braun Allan Baris & Karen Watts Mike McGrath Linda Vaughey Thomas & Ann Boone Montana Legal Services Neil Haight J. Martin Burke Association Christensen, Fulton & Filz, Moore, Cockrell, Brenda Gilmer Goicoechea & Johnson PLLC CB McNeil Bill & Anne Cole P.C. Hon. David & Linda Rice First Interstate Bank Hon. Keith Strong Foust Law Office Robert & Mary Sullivan Hon. Richard A. Stockman Bank Goetz, Baldwin & Simonton Geddes, P.C. Tarlow, Stonecipher, Katherine Bidegaray Williams Holmes Weamer & Kelly, PLLC Allan Karell Tipp & Buley, P.C. Ward A. Shanahan Mike Lamb Hon. Michael & Debra Wheat Cynthia Thiel Katrina Wilson Martin

To learn more about MJF and our work or to make a tax-deductible contribution, please visit us at www.mtjustice.org or contact us 406-523-3920 | P.O. Box 9169 | Missoula, MT 59807-9169

Page 24 June/July 2018 Montana Justice Foundation Donors Individuals Andrew Dana William Kirley Nancy O’Brien Molly Shepherd Gerald Allen Kelly Driscoll Kathryn & Martin Robert Ogg Robert Sheridan Colleen Ambrose Jade Eaton Lambert Kenneth Oster Robin Shishido Doug & Dana Austin Joyce & Ed Eck Courtney Lawellin Alison Paul & Mark Mark Smith Hon. Beth Baker Jeffrey Even Constance Leistiko Pomerleau Sheri Sprigg Allan Baris Holly Franz James Lewis Juli Pierce Amy Stix Michael & Jeneese Rebekah French Mike Lilly Marc & Theresa Racicot Mary Gail Sullivan & Baxter Brenda Gilmer Don MacIntyre Babak Rastgoufard Eugene Braun Jeanne & RJ Bender Susan Gobbs James Madden Mark Refling Bruce Swenson Katherine Bidegaray Kyle Gray Kirsten Madsen Hon. James Regnier John & Sue Talbot Drew Blewett Joel Guthals Kathleen Magone Melanie Reynolds & Cynthia Thiel Bob Rowe Joella Bloomgren Hon. Leslie & Mike Lyle Manley Matt Thiel Phyllis Bock Halligan Jennifer Massman Hon. James Reynolds & Joel Todd Nicolet Whearty Thomas & Ann Boone Kevin Hart Courtney Mathieson Margaret Tonon Hon. David & Linda Rice Stan & Glenda Ann Hefenieder Chief Justice Mike Hon. Karen Townsend Kathleen Richardson Bradshaw Hon. Joe L. Hegel McGrath Robin Turner Robert & Marcia Rider Ann Brodsky Christopher Helmer Margaret McKeown Cathleen Tutty Susan Ridgeway Brad Brown Christopher Herriges Hon. Laurie McKinnon Shane Vannatta Olivia Rieger Robert Brown Richard Hildner Daniel & Marcy McLean Janice VanRiper Douglas Ritter J. Martin Burke Terri Hogan Jim McLean Linda Vaughey Michele Robinson Ashley Burleson Phil Hohenlohe Robin Meguire David Wagner Peter Romatowski Mary Capdeville Brian Holland Robert (Jock) & Connie Mike Weber Michelotti William Roscoe Bob Carlson Wendy Holton Jeremiah Weiner Laurie Wallace Miller Sarah Sadowski Eileen Carney Jeff & Cristi Hunnes Mike Wellenstein Robert & Bonnie Minto Mike Salvagni Vanessa Ceravolo Pam Hunthausen Jessica Weltman Terry Minow Elizabeth Scanlin Alissa Chambers John Ilgenfritz & Chris Wethern Ted Mizner Deborah Schaaf David & Debbie Charles Sheena Wilson Teresa Whitney Lonnie Morgan Lorraine Schneider Mark Connell David L. Jackson Van Wilgus Alan & Nancy Nicholson Kim Schulke Hon. Patricia Cotter Doug James Charles Willey Eric Nord Nancy Sebena Scott Crichton Anne Yates James & Janice Nugent Martha Sheehy Lon Dale Allan Karell Niki Zupanic

LAW FIRMS Moore, Cockrell, Dyrud Law Offices Huppert, Swindlehurst Businesses, Goicoechea & Faure Holden Attorneys & Woodruff Foundations, and Leading Firms Johnson P.C At Law, P.C. Hurwitz Law, PLLC Other Organizations (donating $1,000 Matovich, Keller & Angora Ridge or more) Law Office of Carl B. Law Office of Mark P. Murphy PC Jensen Dupont Foundation Axilon Law Group, PLLC Tarlow Stonecipher Odegaard Braukmann Mark Mackin, Attorney Blue Cross Blue Shield Crowley Fleck Weamer & Kelly, PLLC Law, PLLC at Law of Montana Christensen & Prezeau, Williams Law Firm Max A. Hansen & Cascade County PLLP Contributing Firms Worden Thane, PC Associates, P.C. Democratic Central Christensen, Fulton & (donating up to $499) Committee McKenna & Starin Trial Filz, PLLC Sustaining Firms Connors Law Firm (donating $500 to Attorneys, PLLC D.A. Davidson & Co. Goetz, Baldwin & Drake Law Firm $999) Swandal Law & First Interstate Bank Geddes, P.C. Greco & Wozniak, P.A. Beck, Amsden, & Mediation Center U.S. Bank Foundation Lamb and Carey Law Stalpes Gail H. Goheen, PC Tweeten Law, PLLC

The Montana Justice Foundation works to achieve equal access to justice for all Montanans through effective funding and leadership.

* Donor recognition reflects contributions made to the MJF Annual Gift Campaign between April 1, 2017, and March 31, 2018. Great effort has been taken to ensure the accuracy of the names listed. Should you find an error or an omission, please accept our apologies and contact MJF at 406-523-3920. www.montanabar.org Page 25 voice is important. It needs to be level deliver bad news is to have had a strong, BAD NEWS, from page 11 and sincere, compassionate and under- positive relationship with your client standing, and not emotional. from the beginning of the case where likely responses. The ultimate conversa- 7. Don’t blame. Your client may be- you treat your client with respect and tion probably won’t go as rehearsed, but come angry. Let them express themselves dignity for who they are, and your client you will at least have the fundamentals without interrupting, but it’s best not to is trusting of you and your judgment. In and the base lines of the conversation in blame opposing counsel, the judge, or the well-known book, published by the mind. your staff about the decision. Your client American Bar Association entitled “How 4. Don’t delay. Delivering bad news won’t appreciate you evading responsibil- to Draft Bills Clients Rush to Pay” written quickly is critically important. Montana ity by faulting someone else. By and large, by J. Harris Morgan and Jay G. Foonberg, Rule of Professional everyone in the legal system is doing their the authors discuss the disparity in the Conduct 1.4(a)(1) states that you have a job, and you will gain points with your priority of expectations between attor- professional and ethical duty to promptly client by respecting the operation of the neys and clients. Attorneys think clients convey important information about legal system. But do treat your client with mostly want an efficiently run office and your client’s case to them. Bad news empathy. Treat them how you would like staff, then they want the best legal advice doesn’t get better with age and sitting to be treated in the same situation. they can get, and then to be charged a on bad news will not change or improve 8. Acknowledge mistakes. The follow fair fee for their services. Do you know it. After all, the client will eventually up to “don’t blame” is acknowledge any what clients want most?--an attorney learn about it and if you delay delivering mistakes that were made. Deal with the who cares about them and who will stand bad news, you will only exacerbate the mistake up front and don’t be evasive or up for them. Their number one prior- issue. Your client will respect you more cover it up. Another way to do this might ity is their lawyer’s concern for them if you deliver bad news as soon as you be to discuss the mistake in hindsight; and their situation, followed by honesty can. Further, you don’t want your client maybe a different strategy should have and ethics, then competence, and lastly learning about the bad news from an- been employed, or a certain witness not efficiency and a fair fee. Lawyers believe other source, such as the opposing party. called. If your client has been part of the the opposite, thinking that clients want Besides, getting the bad news off your decision-making team, they will under- efficiency first, then competence, and chest keeps your stress level down. stand that at the time, you made the best then a fair fee. Concern for the client was 5. Set aside time to discuss the issues. decisions possible. dead last on the lawyers’ list of priorities. Clients want to know your thoughts and 9. Be comfortable with silence. There Lawyers who are only projecting their analysis of the decision. Make sure you may be moments in the conversation legal analysis based on what they learned have the time to discuss the bad news where a silence occurs. Resist filling in in law school fail to understand the cli- with the client so you can be completely gaps. Silence means the client is process- ent’s perspective. These same lawyers attentive to the client’s questions and ing the information and the sooner the think clients will employ them again if concerns. This point might conflict news is processed, the quicker you can get they won their case. However, in reality, somewhat with the Don’t Delay point so to managing the news. Sometimes silence clients will re-employ, or recommend, you might need to make a judgment call can have a calming effect by allowing the their attorney if their attorney showed on how to balance both, but don’t let this client to think about decision and not concern for them and worked hard on point draw you into the temptation to react emotionally to it. Periodic silence their behalf; but keep in mind, concern delay the conversation. Set aside sufficient also gives you a chance to work on your for your client should include manag- time for the discussion with your client as response to their reaction. ing their expectations. If you don’t deal soon as you can. Also, it may take more 10. Look for silver linings and for- early with their unrealistic expectations than one conversation for your client mulate a plan of action. Don’t deliver the by either dissuading them from what to fully assess the decision. Many times, bad news and then end the conversation they want, or at least explaining in detail clients will think about the information without creating some optimism about why their expectations are probably not and then come back to you with more going forward. Clients will focus on the achievable in court, you will have a much questions, (and you might be explaining negatives, but clients also want to know harder time getting your client to accept several points more than once). It might that you are still on their team and that the bad news. Having managed client also help to put a detailed analysis in a you are concerned about them. Make expectations from the start can help with follow-up letter to your client once the sure you place the issues in perspective the delivery of bad news. bad news has been delivered. and that you point out alternatives and A successful practice depends upon 6. Know how to begin. As Professor options like an appeal or taking subse- how much concern you have for your cli- Gardner Cromwell at the University of quent remedial actions. A plan of action ents and the efforts you put out for them. Montana School of Law advised us as law can have a soothing effect because it The client who believes you care about students, always start at the beginning. helps the client to start thinking more them will not only pay their bills, but will Sometimes you don’t know how to start rationally about what will happen next in be more understanding and accepting your difficult conversation. Keep your their lives. But don’t spin it. Any positives that not all days in court are good days. conversation factual and professional. must be based in reality. Honesty is the The best approach is the direct approach. best policy. P. Mars Scott as practiced law in “John, we didn’t do well with the court. Montana for 38 years. His practice focuses Ultimately though, the best way to We lost our motion.” The tone of your primarily on family law issues. Page 26 June/July 2018 6 experimental results have an accuracy of ±50%.) GEORGIA, from page 16 conducted. The additional issue in Georgia is, “the concern about witness 5 We have a somewhat similar mechanism in the 7 United States, where federal, and some state, students extra credit for that answer. bribery.” There you have it, members interested court judges are permitted to comment on the Today my students presented their trial evidence in a manner similar to British judges papers on such various topics as eyewit- in what I have to say. If the readership of when they instruct the jury. Montana courts ness testimony, DNA evidence, and the the Montana Lawyer increases as a result have a gatekeeping mechanism, too. It involves like. These revealed some other aspects of of this article, I may submit a new one. If the judge putting her foot in the gate to keep it open, letting in all sorts of scientific nonsense. The legal life here. not, I’ll just resort to the proven juridical method of bribing Joe. exception, of course, is the polygraph, which is ex- Georgia adopted a jury system for seri- cluded because of “exaggerated popular opinion,” ous crimes about 10 years ago. It is not yet Jeffrey Renz was the Clinical Professor of which was shown by actual scientific experiments hugely popular because the participants Law at the Alexander Blewett III School of conducted by the justices of the Montana Su- sense that a Georgian jury will be pro- Law from 1993 until his retirement in 2016. preme Court in 1983. Barmeyer v. Montana Power 4 Co., 202 Mont. 185, 657 P.2d 594 (1983), overruled prosecution. Not having a jury tradition on other grounds by Martel v. Montana Power Co., means that judges play a larger role in jury Endnotes 231 Mont. 96, 752 P.2d 140 (1988). trials. My students report, for example, 6 I say, “were,” because serious efforts have been that a judge may exclude eyewitness 1 Forget the Blewett School of Law. Come here made to remove the taints (which were mostly identification evidence where the eyewit- and you may obtain a science degree without ever unintentional). entering a laboratory. ness first reported only the height of a 7 We do not have that concern in the United suspect and later pointed to a photo of 2 Before you start thinking about the tu quoque States, where our primary concern was witness fallacy, let me say that, yes, I have an actual science survival. Our more refined justice system limited the accused. This enhanced gatekeeping degree and, no, I did not receive it from National mechanism is one way that bad eyewit- bribery to juries and judges. See J.A. Lukas, Big Public Radio. Trouble:A Murder in a Small Western Town Sets Off ness identifications may be excluded from 3 I recall the occasion–not in Georgia–when one a Struggle for the Soul of America, 314-315, 325, 5 court. I found this approach intriguing. of my university hosts wanted to pay my hotel bill. 331-33, 442-443 (Touchstone, New York, New York, Finally we come to the last issue in When I declined, his colleague said, “It’s exam time, 1997); James Tuohy and Rob Warden, Greylord: eyewitness testimony in Georgia. In the he can afford it.” Justice Chicago Style (G.P. Putnam’s Sons, New United States we worry about mistaken 4 This is unlike the United States where actual York, New York 1989). (In a classic violation of the scientific experiments conducted by prosecutors separation of powers doctrine, the judicial cor- identification and identification that is ruption activities revealed by Operation Greylord tainted by the manner in which pho- show that juries are pro-defense and pseudo- scientific experiments conducted by the defense were taken over by the State of Illinois’s executive tographic or live person lineups were bar show that juries are pro-prosecution. (These branch.) Modest Means 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, will receive recognition in the Montana Lawyer and, when you spend 50 hours on Modest Means and / or Pro Bono work, you will receive a free CLE certificate entitling you 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.

www.montanabar.org Page 27 Attorney Discipline McCann disbarred, called ‘neither fit nor worthy to practice’ The Montana Supreme Court has The commission found that McCann’s to five years with the Department of disbarred attorney Genet McCann for conduct violated M. R. Pro. Cond. 3.1, Corrections, all suspended. In imposing what the Commission on Practice called 3.3, 8.2, 8.4(c) and 8 .4(d). the discipline, the Supreme Court noted her “outrageous” conduct both in district According to court documents, that if Bjornson violates the terms of his court and in disciplinary proceedings. McCann also did not show up for her probation, he will be incarcerated and The case arises out of McCann’s in- March 23 disciplinary hearing before the will lose his license to practice law. volvement in guardianship and conserva- commission, sending her brother as a He could also lose his license if he tor proceedings concerning her mother representative to say that she was on her violates any of the terms of his license and her simultaneous representation of way and would be arriving several hours probation. Those conditions include her brother in the probate of their father’s late. being barred from using or possessing estate. The commission determined this The Supreme Court accepted the com- alcohol, marijuana, or illegal drugs or en- representation to be in violation of Rule mission’s recommendation of disbarment tering an establishment where intoxicants 1.7 of the Montana Rules of Professional — along with a concurrent seven-month are the principal item for sale. He also Conduct. suspension for a separate disciplinary must follow all recommendations of his But the commission reserved its complaint — effective 30 days from the chemical dependence treatment provid- harshest words for attacks McCann re- June 5 order. McCann also must pay the ers and provide the names and contact portedly made against opposing parties, costs of the proceedings. information of the treatment providers The commission found that McCann, and monthly progress reports from them 62, of Big Sky, made “demeaning, base- Bjornson receives public to the Office of Disciplinary Counsel. He less, and unwarranted” attacks against censure for felony DUI also must pay costs of the proceedings. her mother’s appointed guardian and the The public censure is scheduled for appointed co-conservator of her father’s Missoula attorney David H. Bjornson Tuesday, June 12, in the Supreme Court’s estate in the two cases. It further found received a public censure from the courtoom in Helena. that she made “insulting, scurrilous, libel- Montana Supreme Court and his license ous, and outrageous accusations” against was put on probationary status for 10 Horton censured for client Judge James Manley. years after he was convicted for felony communication violation “Ms. McCann had numerous op- driving under the influence in November portunities to correct or at least mitigate 2017. The Montana Supreme Court ordered her conduct,” the commission wrote in According to Bjornson’s conditional Bozeman lawyer Michael A. Horton to its recommendation for disbarment. “In admission, it was his seventh DUI-related receive a public censure for failure to each instance, she took the approach offense. maintain prompt and reasonable com- of escalating the dispute by engaging The Supreme Court’s Commission on munication with a client. in unprofessional name-calling, accu- Practice recommended the discipline. The In a conditional admission, Horton satory statements of bias, and relying commission said its recommendation was acknowledged that he failed to advise the on a hodgepodge of groundless claims “reluctantly made by a slight majority of client of motions to enforce a previously and unsupportable theories that failed the members,” adding that all the com- reached parenting agreement and for to articulate a coherent legal position. mission members were concerned how contempt of court until two months after She is truly the poster child of not just a the discipline would be perceived by the they were filed. He also did not provide a vexatious litigant, but a vexatious lawyer, public and other lawyers. The commis- billing statement requested by the client. unwilling or unable to see the outrageous sion called Bjornson’s criminal history Horton also admitted that he failed to nature of her conduct, both in the district “deeply troubling.” produce all documentation requested by court and in these disciplinary proceed- The commission said it factored the the Office of Disciplinary Counsel. ings. Simply put, in the view of the conditions of Bjornson’s criminal sen- Horton was ordered to appear for Commission, she is neither fit nor worthy tence, described as onerous, into its rec- a public censure at on June 12 in the to practice law.” ommendation. Bjornson was sentenced Supreme Court’s courtroom in Helena. Follow us for the latest State Bar and Montana legal news Twitter: @StateBarMT Facebook: StateBarOfMontana

Page 28 June/July 2018 In Memoriam The State Bar of Montana will publish memorials free of charge or any State Bar of Montana member who has died. Please email submissions to [email protected] using the subject line “In Memoriam.” Browning, 77, was founding member of Browning, Kaleczyc, Berry & Hoven, former chief of staff for Sen. Max Baucus Steve Browning, a founding member Helena into the Myrna Loy Center for the of Browning, Kaleczyc, Berry & Hoven, Arts. Iris H. Basta died on May 15 at his home in Arizona. He died in Tucson on May 15, 2018, Iris H. Basta died on April 5 in Boise, He was 77. after a long struggle with pulmonary Idaho, of complications from Alzheimer’s Browning was born in Indianapolis fibrosis. A celebration of his life will be disease. She was 75. on Sept. 13, 1940. He received degrees held at a later date. Memorial gifts can be Iris was born February 12, 1943 in in chemistry and law from Indiana made to the Humane Society of Southern Beach, N.D. She was the 1961 Sentinel University and a degree in city planning Arizona, Salvation Army of Tucson, Butte High School valedictorian. After from Harvard University. Tucson Community Food Bank, or high school, Iris In 1970 he and his wife, Judy, moved Southern Arizona Legal Fund. landed a job in to Washington, Glendive, MT as an D.C. where he Craig Dwight Martinson attorney’s assistant worked as a staff Longtime Billings attorney Craig where she met and attorney for the married Dan Basta. Lawyers’ Committee Dwight Martinson died on May 12, 2018, in Omaha, Neb., of heart failure. He was They had two chil- for Civil Rights dren, but divorced and later as chief of 72. Martionson graduated from the in 1970. Iris and her staff for Sen. Max children left eastern Baucus. In 1982 he University of Nebraska in 1968 with a Basta Bachelor of Business Administration de- Montana for Helena Browning started a law firm in 1975, where in Helena, which gree followed by a law degree in 1973. He served in Korea during the Vietnam War she was able to attend Carroll College. later became known She then went on to graduate from the as Browning, Kaleczyc, Berry & Hoven. in between his education, 1968-1970. During law school, University of Montana (magna cum The two-man firm grew to include 19 laude) in 1992 with her Juris Doctor. partners with offices in Helena, Missoula, he met the love his life, Myrna Dahl Iris brought her law degree back to Bozeman, and Great Falls. Helena where she was a successful at- Apart from his family and friends, Martinson. After graduating, they torney at Jackson Murdo and Grant, PC. his passions were sports (especially golf In 1997 Iris became a partner until she and basketball) and public service. He moved to Billings, to be close to the retired in 2011. served on various Montana governmen- In lieu of flowers donations can be tal boards, including the Montana State mountains, where they lived together made to Healthy Mothers, Healthy Babies Board of Science and Technology, the at http://hmhb-mt.org or The Walk to Montana Historical Society, the Montana Martinson for over 40 years. He worked as an End Alzheimer’s at http://act.alz.org/ Power Authority, and the Governor’s goto/conniebastagriffin. Task Force on Endowed Philanthropy. attorney through his He helped to develop the Montana life in Billings. He was an esteemed, loyal, Community Foundation, the Helena honest, and professional attorney full of Online ‘In Memoriam’ page Area Community Foundation, the Myrna integrity. Loy Center, and the American Indian Craig served on numerous communi- The State Bar of Montana’s online Institute. He was instrumental in the ty boards. At the time of his death, he was “In Memoriam” page lists Montana passage of the Montana Endowment Tax serving on St. John’s Lutheran Ministries attorneys who have recently died, Credit and the Montana Fish, Wildlife Board of Directors. He served his church, with links to online obituaries where and Conservation Trust. American Lutheran, including as a past possible. There you can also find a His belief that a community is president, fundraiser, and usher form to submit a memorial for inclu- judged largely by its support for the arts In lieu of flowers, memorials in his sion in the Montana Lawyer. prompted him to join with like-minded name may be given to the American www.montanabar.org/?page= Montanans to turn the vacant century- Heart Association, or any charity of your In_Memoriam old Lewis and Clark County Jail in choice. www.montanabar.org Page 29 Job Postings and Classified Advertisements CLASSIFIEDS Contact | To see more jobs, or to advertise on the State Bar’s online Career Center, visit jobs. montanabar.org. All Career Center postings include Montana Lawyer classified (limit 60 words for print ad). For all other Montana Lawyer classified inquiries, email [email protected] or call 406-447-2200.

ATTORNEYS ment of Justice Natural Resource Damage Program is hiring an Environmental Lawyer. The position is focused on litiga- ASSOCIATE ATTORNEY: Newly-formed MurphyMyers PLLC seek- tion and negotiation and providing legal support for restora- ing an ambitious and hard-working litigation associate to join tion planning and implementation. For more information visit our team. Practice areas include medical malpractice defense, https://mtstatejobs.taleo.net/careersection/200/jobdetail. insurance bad faith defense, insurance coverage, products li- ftl?job=18141304&tz=GMT-06%3A00. Position open until filled ability and general personal injury defense. Some prior litigation with first round of reviews on July 9th. experience is preferred; a willingness to hit the ground running is required. We are looking for a self-starter interested in joining FULL TIME ASSOCIATE ATTORNEY: Thomas C. Orr Law Offices, us on this exciting adventure. Competitive salary and benefits Missoula, MT is seeking a motivated,energetic, licensed attorney package based on experience. Website: MurphyMyers.com. with 2-4 years experience practicing law to join our staff. We are a small general practice firm with emphasis on family law, real ASSOCIATE ATTORNEY: Hi-Line Law, PLLC, a growing Havre, estate transactions, and property management. The ideal candi- Montana law firm, is seeking an associate attorney. Applicant date will be someone with a strong work ethic, ability to take the must have strong writing and reviewing skills, and be detail initiative, and desire to build their own client base. We offer a oriented. The firm’s practice areas include: business & corporate competitive salary, dependent on applicant’s experience, as well law, land and business transactions, business formation, estate as paid holidays, vacation, and profit sharing after 1 year. Please planning and civil matters. Applicants with interest or experience email resume and cover letter to [email protected]. in these areas or experience in other areas will be considered. Hi-Line Law, PLLC offers opportunities for advancement, and LITIGATION ATTORNEY: Moore, Cockrell, Goicoechea & John- competitive salary and benefits. Applicants should send a cover son, P.C., a civil defense litigation firm in Kalispell, Montana is letter, resume, and writing sample. Position will remain open accepting applications for a litigation attorney position. The Firm until filled. is interested in applicants at all levels of experience. Salary/ben- efits very competitive. Submit a cover letter, resume, transcript, ASSOCIATE ATTORNEY: Well-established, busy Bozeman and writing sample, and references to Moore, Cockrell, Goicoechea Whitehall law firm, E.J. Guza & Associates, PLLC , seeks associate. & Johnson, P.C., Attn.: Sean Goicoechea, PO Box 7370 Kalispell, Fun, easygoing, fast-paced, hardworking, professional atmo- MT 59904 or email [email protected] and cc: ksmith@ sphere. Wide, diverse practice, including civil, criminal, construc- mcgalaw.com. tion, employment, contracts, municipal and personal injury law. Requirements: Montana bar license, excellent communication PARALEGALS/LEGAL SECRETARIES skills, social skills, and work ethic. Salary D.O.E. Position available immediately. Submit cover letter, transcripts, references, resume OFFICE ADMINISTRATOR: Busy civil litigation firm in Billings, to E.J. Guza & Associates, PLLC, Attn: Jessi Yulga, 25 Apex Drive, MT seeks an Office Administrator for full-time or part-time work. Suite A, Bozeman, MT 59718; or [email protected]. Previous experience in a law firm and/or with accounts pay- able/receivable a plus. Advanced computer proficiency, strong COMMERICAL ATTORNEY: Frampton Purdy Law firm, a busy, organizational skills, attention to detail and interpersonal skills boutique firm in Whitefish, Montana, is seeking an experienced required. Competitive salary and benefits D.O.E. Please apply commercial attorney. Depending on experience, this attorney’s through the listing at jobs.montanabar.org, or mail cover letter, practice could include tax-related matters (advising, compliance, resume, and references to P.O. Box 1619, Billings, MT 59103. reporting, controversy), estate planning and administration, business formation and other commercial/real estate transac- PARALEGAL: Busy civil litigation firm in Billings, MT seeks a tions. Apply by email to [email protected]. Paralegal/Legal Assistant. Previous experience in a law firm preferred. Advanced computer proficiency, strong organiza- STAFF ATTORNEY: This Staff Attorney position will provide pov- tional skills, attention to detail and interpersonal skills required. erty law services to domestic violence victims throughout the Competitive salary and benefits D.O.E. Please apply through the state of Montana. Grant funding at present concentrates services State Bar website or mail cover letter, resume, and references to on the Northern Cheyenne and Fort Peck Indian Reservations. P.O. Box 1619, Billings, MT 59103. Salary: $50,000 and up, DOE. MLSA offers an attractive benefits package, including health, dental, vision, and life insurance, re- ATTORNEY SUPPORT/RESEARCH/WRITING tirement and educational loan repayment assistance. To apply, send a letter of interest, three professional references, writing ENHANCE YOUR PRACTICE with help from an AV-rated attorney sample, and resume to [email protected]. See full listing at jobs. with 33 years of broad-based experience. I can research, write and/ montanabar.org or edit your trial or appellate briefs, analyze legal issues or other- wise assist with litigation. Please visit my website at www.denev- ENVIRONMENTAL LAWYER:The State of Montana Depart- ilegal.com to learn more. [email protected], 406-210-1133.

Page 30 June/July 2018 BUSY PRACTICE? I can help. Former MSC and UM Law BANKING EXPERT: 34 years banking experience. Expert bank- honors graduate available for all types of contract work, includ- ing services including documentation review, workout negotia- ing legal/factual research, brief writing, court/depo appear- tion assistance, settlement assistance, credit restructure, expert ances, pre/post trial jury investigations, and document review. witness, preparation and/or evaluation of borrowers’ and lend- For more information, visit www.meguirelaw.com; email robin@ ers’ positions. Expert testimony provided for depositions and meguirelaw.com; or call 406-442-8317. trials. Attorney references provided upon request. Michael F. Richards, Bozeman MT 406-581-8797; mike@mrichardsconsult- MEDIATION ing.com.

MICHAEL A. VISCOMI, of Viscomi, Gersh, Simpson and Joos, EXPERIENCED BANKING EXPERT/CONSULTANT – 40+ years of PLLP, in Whitefish, practice now limited to mediation, arbitra- banking experience 30 years of which were in executive man- tion and special master assignments throughout the state of agement positions in banks ranging in size from community Montana. For scheduling, call (406-862-7800), email (randi@big- banks to multi-billion dollar, multi-state banking organizations. skyattorneys.com) or use online calendar available through the Executive responsibility for all phases of lending, lending disci- National Academy of Distinguished Neutrals (www.nadn.org/ plines and credit assessment. Special expertise in determining michael-viscomi). borrower creditworthiness and the appropriateness of lender behavior. Outstanding legal references upon request. Please OFFICE SPACE/SHARE contact Leon Royer by telephone at 406-932-4255 or by email at [email protected]. BILLINGS: Looking for attorney(s) to share fully furnished office and legal assistant in Billings, Montana. Reasonable terms. For CONSTRUCTION EXPERT: Over 25 years residential and com- more information email: [email protected] or call 406-255- mercial construction experience. Expert services include bid or 7474. project document reviews, onsite inspections for specification compliance or deficiencies, written reports, consultations, and HELENA: Furnished office spaces and use of nice conference in-person testimony. Work history includes extensive construc- room in an established law firm in the Penwell Building near tion and legal experience - large firm construction management, Historic Last Chance Gulch. Suitable for a lawyer or other profes- small firm business ownership, and legal firm paralegal work sional. $600 per month rent includes: All utilizes, receptionist, and practice administration. For CV, fee schedule, references or direct internet abilities, Wi-Fi, personal phone line, fax, confer- other information call David Nedrow at 406-855-1823 or email ence room, shared storage as well as a w welcoming reception [email protected]. lounge. For more information please call 406-204-5710, ask for Ellie or email: [email protected]. FORENSIC DOCUMENT EXAMINER: Trained by the U.S. Secret Service and U.S. Postal Inspection Crime Lab. Retired from the OFFICE SHARING OPPORTUNITY: Looking for attorney to share Eugene, Ore., P.D. Qualified in state and federal courts. Certified fully furnished office and legal assistant in Great Falls, MT. Rea- by the American Board of forensic Document Examiners. Full- sonable terms. Great view. For more information email: agei- service laboratory for handwriting, ink and paper comparisons. [email protected]; 406-727-4041. Contact Jim Green, Eugene, Ore.; 888-485-0832. Website at www.documentexaminer.info. PREMIUM PROFESSIONAL OFFICE SPACE FOR RENT: Helena, Aspen Court Building, 33 S. Last Chance Gulch, Suite 1A. On PSYCHOLOGICAL EXAMINATION & EXPERT TESTIMONY: the walking mall. One office available, approximately 16 ft. x 11 Montana licensed (#236) psychologist with 20+ years of experi- ft. with large window. Located in a small law firm suite. $700 ence in clinical, health, and forensic (civil & criminal) psychol- per month. Lease includes use of secretarial space, copy room, ogy. Services I can provide include case analysis to assess for break area, common areas, kitchen, scheduled access to confer- malingering and pre-existing conditions, rebuttal testimony, ence rooms, and also includes utilities and janitorial services. independent psychological examination (IME), examination of: Office furniture available for use. Tenant to pay for own phone, psychological damage, fitness to proceed, criminal responsibil- parking, and internet service. Public parking lot immediately ity, sentencing mitigation, parental capacity, post mortem tes- adjoining. Up to a three-year lease available. Please call Teri at tamentary capacity, etc. Patrick Davis, Ph.D. [email protected]. 442-8560 ext. 2. www.dcpcmt.com. 406-899-0522.

CONSULTANTS & EXPERTS EVICTIONS

ARCHITECTURAL EXPERT, FORENSIC INVESTIGATION & EVICTIONS LAWYER: We do hundreds of evictions statewide. ANALYSIS: 43 years architectural experience. Specializing in Send your landlord clients to us. We’ll respect your “ownership” Contract Administration; Specifications; and Architect / Owner / of their other business. Call for prices. Hess-Homeier Law Firm, Contractor relationships. Extensive knowledge of building sys- 406-549-9611, [email protected]. See website at www. tems, materials, construction methods; Accessibility Regulations montanaevictions.com. and Standard of Care; and forensic architectural investigation. Provides consulting and expert witnessing services. Attorney references upon request. Frank John di Stefano, PO Box 1478, Marion, MT, 59925, Phone: 406-212-7943. www.montanabar.org Page 31 Montana State Bar of LawyerMontana State Bar of Montana P.O. Box 577 Helena MT 59624

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