MONTANA OCTOBER 2020 LAWYER IMPACTFUL EDUCATOR LONGTIME UM LONGTIME U LAW PROFESSOR GREG MUNRO IS 2020 JAMESON WINNER

MORE 2020 AWARDS CHIEF WATER JUDGE RUSS MCELYEA, BILLINGS LAWYER FRED SNODGRASS, WHITEFISH LAWYER KAY LYNN LEE HONORED FOR SERVICE TO JUSTICE SYSTEM IN MONTANA Sheltered in Wyoming Why Wyoming? It’s one of the most favored states in the U.S. – and increasingly, in the world – in which to maintain trusts.

• Broad Asset Protection • Self-Settled Trusts • 1000 Year Legacy Trusts • No State Income or Inheritance Taxes • No Residency Requirement with a Wyoming Trustee

Your Trusted Partner in the State of Wyoming We’re Right Next Door. Your Clients Will Love Having Their Money Here!

Dale Schuman SVP – Director of truSt & Wealth 10 E. Pearl Ave. Jackson, WY 83002 (307) 732-3057 (307) 732-3071 [email protected] bojhtrust.com/advisors offices in Jackson hole and Boise

NOT FDIC MAY LOSE VALUE INSURED NO BANK GUARANTEE OCTOBER 2020 VOL. 46 ISS. 1

IN THIS ISSUE FEATURE ARTICLES

4 PRESIDENT’S MESSAGE 6 MEMBER NEWS 8 YOU SHOULD KNOW 8 COURT NEWS 25 EQUAL JUSTICE 27 RISK MANAGEMENT 28 IN MEMORIAM 30 JOBS/CLASSIFIEDS ON THE COVER 12

2020 STATE BAR AWARD WINNERS The State Bar of Montana handed out its annual awards at the 2020 Virtual Annual Meeting. Read all about the winners on pages 12-19.

LAW FIRM ENCOURAGES AGING GRACEFULLY PRO BONO IN OCTOBER It’s never too Axillon lawyers dedi- early for law- cate day to volun- yers to plan for 27 THE STATE BAR OF teering for Montana 25 the inevitable. MONTANA handed out its Legal Services Association. awards virtually this year, with Greg Munro winning the William J. Jameson, Chief Water Judge Russ McElyea winning the Karla M. Gray Equal Justice Award, Kay Lynn Lee winning the Neil Haight Pro Bono Award and ADVOCATING FOR CLIENTS IN A BIASED WORLD Fred Snodgrass winning the George L. Bousliman Knowing the rules and the benefits of a record are Professionalism Award. key to combating unfairness you may experience in a court setting 24 PRESIDENT’S MESSAGE Celebrating a life and a legacy for women in America

This joint message celebrates a land- in Montana win the vote prior to the mark in history and women in our pro- passage of the 19th Amendment. As you fession, and recognizes the life of one of all know, Congresswoman Rankin’s first our heroes, Justice Ruth Bader Ginsburg. vote as a member of the United States Just over 100 years ago, on Aug. 18, Congress would be a brave, resounding 1920, the passage of the 19th Amendment “no” vote on President Wilson’s declara- guaranteed women in our country the tion of war against Germany. However, right to vote. The right to vote may Congresswoman Rankin’s no vote on seem like one of those “inalienable war did not affect Montana’s forward rights” guaranteed by the Declaration movement related to suffrage. Proudly, KATE McGRATH ELLIS of Independence. However, the origi- on Aug. 2, 1919, Montana became the nal United States Constitution did not 13th state in the union to ratify the 19th include voting as a right that citizens held Amendment. in the United States. As a compromise Sadly, even after the 19th Amendment at the Constitutional Convention, the guaranteed women their right to vote, founding fathers left it to each state to state and local officials used ordinances develop its own qualifications for voting. and intimidation tactics to continue to Unfortunately, Montana’s 1889 original keep women, as well as minority men, state Constitution extended voting to all from the polls. Forty-five years after the male citizens, black and white, but not ratification of the 19th Amendment, to women or Native Americans because Congress finally passed the Voting Rights they did not pay taxes on their lands. The Act of 1965. Although it was not perfect suffrage movement began well before and initially omitted discrimination based then in the 1770s and continued with on sex, it has been considered a landmark even more gusto after the women’s rights piece of legislation in securing the right of convention in Seneca Falls, N.Y., in 1848, racial minorities to vote throughout the which is what history usually declares as country. JULI PIERCE the “official” beginning of the suffrage Attorneys and judges across our movement. country have played and continue to play In 1914, Montana’s very own Rep. a championing role in paving the way for Kate McGrath Ellis and Jeannette Rankin—the first woman equal justice, which includes continu- Juli Pierce are the presi- anywhere in the country elected to na- ing the advancement of women’s rights. dent and immediate past tional office and the first female mem- Justice Ruth Bader Ginsburg was one of president of the State Bar ber of Congress—helped the women those champions. As a lawyer, Ginsburg of Montana

Advertising rates and subscrip- STATE BAR OFFICERS BOARD OF TRUSTEES Matt Haus, Bozeman tion information are available upon Randy Snyder, Bigfork Alanah Griffith, request or at www.montanabar.org/ President Elizabeth Brennan, Big Sky page/MTLawyer. Kate McGrath Ellis, Helena Missoula Shane P. Coleman, Statements and expressions of Elizaberth Hayes, Billings President-Elect The official magazine of the State opinion appearing herein are those Missoula Ben T. Sather, Billings Brian C. Smith, Bar of Montana published every of the advertisers or authors and do Kaylan Minor, Dillon Eli Patten, Billings month except January and July by Missoula not necessarily reflect the views of the Samir Aarab, ABA DELEGATES the State Bar of Montana, 33 S. Last State Bar of Montana. Secretary-Treasurer Great Falls Shane Vannatta, Chance Gulch, Suite 1B, P.O. Box 577, David Steele, Missoula Gregg Smith, Missoula (Montana Helena MT 59624. 406-442-7660; Fax Montana Lawyer Staff Publisher | John Mudd Immediate Great Falls Delegate) 406-442-7763. Editor | Joe Menden Past President Kent Sipe, Roundup Tucker Gannett`, 406-447-2200; fax: 442-7763 Juli Pierce, Billings Aislinn Brown, Helena Billings (State Bar Montana Lawyer Subscriptions are email: [email protected] Danna Jackson, Helena Delegate) a benefit of State Bar membership. Chair of the Board Ryan Browne, Billings Subscriptions for nonmembers are Alanah Griffith, J. Stuart Segrest, Postmaster: Send address changes (Young Lawyers available for $50 per year. Big Sky Helena to Montana Lawyer, P.O. Box 577, Division) Helena MT 59624.

4 MONTANALAWYER STATE BAR OF MONTANA As we celebrate the courage of the women before us and Justice Ginsburg’s legacy, we know there is still more we can do to strive to live out the meaning of diversity and inclusion.

used her razor-sharp intelligence to win landmark cases extending equal rights protections of the 14th Amendment to women. For example, using her in- novative and effective strategy of argu- ing on behalf of men to benefit women, Ginsburg convinced the all-male United States Supreme Court to apply a stricter standard of judicial scrutiny for laws that used sex as a classification, chang- ing the landscape of judicial review of sex discrimination. As a Supreme Court justice, Ginsburg continued to give a voice to equal justice for all, even as the “Great Dissenter.” Justice Ginsburg dissented from the Supreme Court’s decision striking down a provision in the Voting Rights Act of 1965 requiring oversight of changes to election practices in primarily Southern states, providing a meticulous recount of the history of voter suppression of minorities in the South, which she read from the bench. Justice Ruth Bader Ginsburg Jeannette Rankin Ginsburg also set the groundwork for the Lily Ledbetter Fair Pay Act—resetting the what I said, then people would become women before us and Justice Ginsburg’s statute of limitations on equal-pay law- alert to it, respond to it.” Even at the legacy, we know there is still more we suits with each paycheck — by recogniz- United States Supreme Court, Justice can do to strive to live out the meaning ing in her dissent that “[c]ompensation Ginsburg recalls bringing up a point, and of diversity and inclusion. The State Bar’s disparities are often hidden from sight.” then “it isn’t until somebody else says it Social Justice Task Force will continue Perhaps her passion for equality arose that everyone will focus on that point.” the conversations that were launched at out of Ginsburg’s own experiences with On Sept. 18, 2020, our nation the 2020 Virtual Annual Meeting regard- sex discrimination. For example, despite lost one of its fiercest advocates for ing social issues facing our country, state, the fact that Ginsburg graduated top in women’s rights and equality with the and communities, with an eye to identify- her class at Columbia Law School, she death of Justice Ginsburg. One of ing concrete steps our profession can take had difficulty finding work as a lawyer. Justice Ginsburg’s colleagues, Justice to effect positive change. Please join the Turning rejection into opportunity, Sonia Sotomayor said, “Ruth Bader State Bar in celebrating and encouraging Ginsburg found work in academia after Ginsburg was an American hero. She inclusion, diversity, and civility in honor clerking for a federal court. While on spent her life fighting for the equality of those women pioneers that paved the the faculty at Rutgers School of Law, of all people, and she was a pathbreak- way for such social justice. Ginsburg felt compelled to hide her ing champion of women’s rights. … pregnancy out of fears of being demoted. She has left a legacy few could rival.” Note: Much of the history related But fear did not stop Ginsburg, who And Justice Brett Kavanaugh summed to the 19th Amendment comes then established The Women’s Rights up Justice Ginsburg’s legacy by stating, from the book “And Yet They Law Reporter at Rutgers. Ginsburg also “No American has ever done more than Persisted: How American Women recalled times as a young lawyer when she Justice Ginsburg to ensure equal justice Won the Right to Vote” by Johanna would say something during a meeting, under law for women.” Neuman. “[t]hen somebody else would say exactly As we celebrate the courage of the

WWW.MONTANABAR.ORG OCTOBER2020 5 MEMBER NEWS Walsh announces he is Wyoming to obtain his law degree. For more information, please visit practicing law — 45 years During law school, he participated in Garlington.com. after earning his law degree UW’s environment and natural re- sources law club, was enrolled in UW’s Frank Walsh has announced that joint degree program through the 45 years after graduating from the Haub School of University of Montana Law School in Environment and 1975, he is finally practicing law. Natural Resources, “I have a longstanding relation- was a summer law ship with the University of Montana: clerk for Chief 1962 – BA, Journalism/English and BA, Judge Nancy D. Political Science/ Freudenthal of Coren Potts History; 1972 – the United States MA, Journalism/ District Court Boone Karlberg welcomes King for the District of History. Early on Coren, Potts as associates I was a practic- Wyoming, and was ing journalist and a summer associate at a civil litigation Evan B. Coren and Alison R. Potts applied journalism firm in Cheyenne. have joined Boone Karlberg P.C. as as- skills for large cor- After law school, King returned sociate attorneys. porate public rela- to Montana where he clerked for the Coren graduated Phi Beta Kappa tions activities.” Honorable Chief Justice Mike McGrath from the University of Chicago and of the Montana Supreme Court. He Walsh After law earned his J.D. from Duke University school Walsh began his work with Doney Crowley in School of Law in 2013. After law school, taught First 2020. King holds a B.S., M.S., M.A., and he joined a Philadelphia-based litigation Amendment and intellectual property J.D. from the University of Wyoming. boutique, where his practice focused law at a variety of universities: Ball State His practice will focus on environmen- on litigation involving financial in- University, University of Texas and tal/natural resources, water, property, stitutions, real estate and bankruptcy Texas State University. He retired from and small business law. trustees. Evan went on to clerk with the teaching in 2017. Hekman joins Garlington, Honorable James J. Tancredi, United He said the question, “Is there any States Bankruptcy Court for the District opportunity to practice law in Austin,” Lohn and Robinson of Connecticut, and later joined a large kept popping up in his mind. In mid-Ju- law firm, where he represented creditors Michael H. Hekman has joined ly, the Texas Bar created new section for and debtors in connection with bank- Garlington, Lohn and Robinson in Bar membership: New Opportunities ruptcy reorganizations, liquidations and Missoula. Volunteer Attorney (NOVA) Pro Bono related transactions. Evan’s practice is Hekman joins the firm as a senior Program. You could join the Texas Bar devoted primarily to business and real associate attorney with over seven years as a NOVA pro bono attorney if you estate transactions, bankruptcy matters of experience. were a member in good standing in an- and commercial litigation. Hekman’s practice other state bar – he has been a member Coren spends his free time on the focuses in bank- of the Montana Bar since 1975. trails and rivers of Montana with his ruptcy, banking, Now able to practice pro bono in wife, Clare, and their two rambunctious real estate and Texas, he joined the Texas Fair Defense Australian shepherds. tax law. Hekman Project and began defending his first Potts is a 2019 graduate of the advises lenders, client. University of Montana where she gradu- banks and busi- ated with her JD and MBA. Her practice nesses in debt Samuel King joins Doney focuses primarily on family law, but Hekman restructuring and Crowley in Helena also includes business, real property, workouts, real and estate planning. She was raised on and personal property foreclosures Doney Crowley P.C. in Helena is the Connecticut shoreline but moved and represents landlords in landlord- pleased to welcome Samuel King to the to Montana to attend Montana State tenant disputes. Hekman obtained his firm. University. While in the joint JD-MBA Juris Doctor from Western Michigan King, a fourth-generation Montanan, program, she interned for a Missoula University and he also holds a Master of grew up in Missoula and attended law firm, was a graduate student fellow Laws in Taxation from the University of college at the University of Wyoming. at the Missoula Economic Partnership, Washington School of Law. After college, King was a swim coach and completed her clinical internship He is licensed to practice in for eight years before returning to at the University of Montana Office of Montana, Washington and Idaho.

6 MONTANALAWYER STATE BAR OF MONTANA Legal Counsel. Associate Professor Monte Mills, Meeting of the College. Fellowship In her free time, she enjoys spend- director of the Margery Hunter Brown in the college is extended by invitation ing time on the trails of Montana hiking Indian Law Clinic, and Professor only and only to those it finds meet the with her dogs or riding her horses, Andrew King-Ries were among four highest standards of ethical conduct, pushing herself outside of her comfort University of Montana faculty members professionalism, civility and collegiality. zone by learning to rock climb, and try- selected for the program, which recog- Lawyers must have a minimum of 15 ing out new recipes in her kitchen. nizes faculty who have made exemplary years trial experience before they can be contributions to teaching and learning considered for Fellowship. HONORS at their institutions. Membership in the College cannot Scholars will receive a $1,500 award exceed 1% of the total lawyer population and a $500 stipend to design and of any state or province. facilitate a faculty learning community Branom is an Assistant Federal at their institution. This year’s scholars Defender in the Great Falls office of are funded through support from the the Federal Defenders of Montana. He National Association of System Heads is a 1990 graduate of the Washington and the Lumina Foundation. University School of Law. APPOINTMENTS Branom is fellow of American Abdul-Baki appointed to Mills King-Ries College of Trial Lawyers Youth Justice Counsel R. Henry (Hank) Branom Jr. has be- Mills, King-Ries selected for Gov. Steve Bullock appointed Qasim come a Fellow of the American College Teaching Scholars Program Abdul-Baki to the Youth Justice Council of Trial Lawyers, one of the premier as a representative of law enforcement legal associations in North America. Two professors from the University and juvenile justice agencies. Abdul- The special induction ceremony of Montana’s Blewett School of Law Baki is a lawyer in the Montana Office of at which Branom became a Fellow have been selected for the Montana the Public Defender’s Helena office. University System’s 2020 Teaching took place virtually during the re- Scholars program. cent Induction Ceremony at the 2020

Worden Thane P.C. welcomes Jennifer Shannon to the team.

Worden Thane P.C. is pleased to introduce our new associate, Jennifer Shannon. Jennifer is a native of Montana, with strong family ties to the Bitterroot Valley. She attended law school at the Alexander Blewett III School of Law, graduating in 2019. She then had the opportunity to clerk for the Honorable Justice Jim Rice at the Montana Supreme Court. Jennifer compliments the Worden Thane Team by bringing her outstanding research and drafting skills to the firm. She also shares our love for the JENNIFER SHANNON outdoors of Montana. BUSINESS AND COMMERCIAL LITIGATION, AND INSURANCE DEFENSE PROVIDING STATEWIDE LEGAL REPRESENTATION WITH CLIENT-DRIVEN RESULTS.

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

WWW.MONTANABAR.ORG OCTOBER2020 7 YOU SHOULD KNOW Ohman appointed to open 18th Judicial District seat Gov. Steve Bullock on Sept. 25 ap- Honorable Gregory Pinski in the Eighth pointed Bozeman lawyer Peter Ohman to Judicial District. They are: 4 admitted to bar under an open 18th judicial District seat. ■ David J. Grubich, Standing temporary COVID-19 rules Ohman, an attorney with the Master in the Eighth Judicial District Montana Office of the State Public Court, where he presides over dis- The following people have Defender since the office’s creation in solution and parenting proceedings received provisional admission to 2006, was one of five applicants to replace and other domestic relations matters. the State Bar of Montana under the Hon. Holly Brown, who retired effec- Previously Grubich was an associate tive Oct. 2. the Supreme Court’s Temporary attorney at Ugrin, Alexander Zadick Ohman has been OPD’s division Admission Rules in response to administrator since 2017. He served as in Great Falls, where he worked from COVID-19: the Regional Deputy Public Defender in 2010-2018, where his practice in- ■ Grace Brosofsky the Bozeman office from 2006-2014 and cluded insurance law, employment ■ Layne Johnson was OPD’s statewide training coordinator law, construction law and environ- ■ Benjamin MacPherson from 2014-2017. Prior to OPD’s creation, mental contamination litigation. He ■ Braden Murphy he was chief deputy with the Gallatin is a 2010 graduate of the University of Among other requirements, these County Public Defender Office for three Montana’s Blewett School of Law. provisional admittees must have le- years. He also has been a sole practitioner ■ Michele Reinhart Levine, gal malpractice insurance at all times and was an attorney with the Montana partner at Linnell, Newhall, Martin and must be supervised by another Department of Commerce and Schulke. Levine has spent her active member of the State Bar of Ohman is subject to Senate confirma- whole career at the firm, where she Montana admitted no later than Oct. tion during the 2021 legislative session, was an associate from 2012-2017. Her 1, 2015. and if confirmed must win election in practice focuses on complex civil liti- 2022. If elected he will fill the remainder of Judge Brown’s term, set to expire in gation, including workers’ compensa- 2025. tion, and personal injury on behalf of Law, he was a partner at Anderson, Ohman, a 1995 graduate of the Lewis injured persons. She is a 2012 gradu- Robertson and Stevens from and Clark Law School in Portland, ate of the Blewett School of Law. 1993-1997. Ore., was selected over finalists Audrey ■ Matthew Stuart Robertson, The Commission’s action follows the Cromwell and Eric Kitzmiller. Deputy County Attorney at the close of a 30-day public comment period. Cascade County Attorney’s Office, Before recommending the nominees to Finalists named for Eighth where he has worked since 2003. the Governor, Commission members Judicial District judge seat From 1998-2003, Robertson was a interviewed the applicants. The person Special Assistant Attorney General appointed by the Governor is subject The Judicial Nomination Commission with the Montana Department of to Senate confirmation during the 2021 submitted three names to Gov. Steve Corrections. A 1993 graduate of the legislative session. The position is subject to election in 2022, and the successful Bullock for consideration for appoint- University of Montana School of ment to the judicial seat vacated by the candidate will serve for the remainder

Intelligent, Experienced, Prepared, Impartial

- Mediator of Legal Disputes Before and During Litigation - Neutral Fact Finder (Arbitrator) - Independent Third Party Helping People in Conflict - Certified in Online Mediation

Regardless of the nature of a dispute, we are here to help you constructively discuss and negotiate a resolution.

Visit www.tremperlaw.com for availability. | (406) 761-9400 | Great Falls, Montana

8 MONTANALAWYER STATE BAR OF MONTANA of Judge Pinski’s term, which expires in University of Washington School of served as a special U.S. Attorney in the January 2025. Law, he clerked for the Honorable U.S., Attorney’s Office for the District James R. Browning in the U.S. Court of Montana, from 2012-2017, and he Finalists named for First Judicial of Appeals for the Ninth Circuit from has also been an assistant city attorney District judge seat 2006-2007. for the City of Helena and a lawyer ■ Mary Elizabeth Cochenour, for Mountain West Bank in Helena. The Judicial Nomination Commission content manager for Gaia GPS, an A 2006 graduate of Georgetown on Oct. 12 submitted three names to Gov. outdoor tech firm. Previously she was University Law Center, he clerked Steve Bullock for consideration for ap- an Assistant Attorney General in the for former Montana Supreme Court pointment to the judicial seat vacated by Judge James Reynolds in the First Judicial Montana Attorney General’s Office Justice Brian Morris from 2006-2007 District. They are: from 2012-2019. She was a Deputy The commission’s action followed the ■ Christopher David Abbott, County Attorney with the Lewis and close of a 30-day public comment period. Assistant Attorney General in the Clark County Attorney’s Office from Before recommending the nominees Montana Department of Justice’s 2008-2012, and was an attorney with to the governor, commission members Agency Legal Services Bureau. Prior the Office of the State Public Defender interviewed six applicants. A total of nine to his current position, he was an from 2007-2008. A 2005 graduate of attorneys applied for the seat. attorney with the Office of the State the Alexander Blewett III School of The person appointed by the governor Public Defender from 2007-2017, Law, she clerked for former Montana is subject to Senate confirmation during the 2021 legislative session. If confirmed, where he defended indigent persons Supreme Court Justice Brian Morris the appointee will serve for the remainder accused of serious and complex felony from 2006-2007. ■ David Ole Olson, Assistant of Judge Reynolds’ term, which expires in matters and was one of Montana’s few January 2023. public defenders qualified to litigate Attorney General in the Montana capital cases. A 2006 graduate of the Attorney General’s Office. Olson

STATE BAR OF MONTANA CAREER CENTER

STATE BAR MEMBERS SAVE $100!

is the premier resource for positionsON JOB POSTS State Bar USE CODE of Montana for Montana legal professionals.SBMT100

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. • PromoteState your jobs Bar directly to candidatesis viathe the premier exclusive Job resource Flash email. for positions • Search the anonymous resume databasefor toMontana find qualified legalcandidates. professionals. • Manageof your Montana posted jobs and applicant activity easily on this user-friendly site.

The State Bar of Montana Career Center will allow you to: jobs.montanabar.org • 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. WWW.MONTANABAR.ORG• Search the anonymous resume database to find qualified candidates. OCTOBER2020 9 • Manage your posted jobs and applicant activity easily on this user-friendly site.

jobs.montanabar.org POWERING PAYMENTS FOR THE Trust Payment IOLTA Deposit Amount LEGAL $ 1,500.00 INDUSTRY Reference The easiest way to accept credit, NEW CASE debit, and eCheck payments Card Number

**** **** **** 4242 The ability to accept payments online has become vital for all firms. When you need to get it right, trust LawPay's proven solution.

As the industry standard in legal payments, LawPay is the only payment solution vetted and approved by all 50 state bar associations, 60+ local and specialty bars, the ABA, and the ALA.

Developed specifically for the legal industry to ensure trust account compliance and deliver the most secure, PCI-compliant technology, LawPay is proud to be the preferred, long-term payment partner for more than 50,000 law firms.

ACCEPT MORE PAYMENTS WITH LAWPAY 877-245-4845 | lawpay.com/montanabar 10 MONTANALAWYER STATE BAR OF MONTANA STATE BAR OF MONTANA

Section LAWYER ASSISTANCE Adobe garamond Varfdfadfadfdana PROGRAM

Stress? Anxiety? Depression? Substance abuse or gambling addiction? You don’t have to go it alone. 24-HOUR HOTLINE 406-660-1181 WWW.MONTANABAR.ORG/PAGE/LAP

WWW.MONTANABAR.ORG AUGUST2020 17 8 MONTANALAWYER WWW.MONTANABAR.ORG WWW.MONTANABAR.ORGWWW.MONTANABAR.ORG NOVEMBEROCTOBER20202018 1125

july 2020.indd 17 8/20/2020 8:04:22 AM

2018 November2.indd 25 11/22/2018 11:18:18 PM WILLIAM J. JAMESON AWARD Impactful educator Professor Greg Munro honored for 30-year career at UM’s Blewett School of Law with 2020 William J. Jameson Award

or Greg Munro, the news this past summer that he had been chosen the winner of the State Bar of Montana’s 2020 William J. Jameson Award, could not have come at a better moment. Munro, professor emeritus at the University of Montana’s Blewett School of Law, had just been clearing out his office after retiring from a nearly 30-year career at the law school that included a year as interim dean. That task included watching tens of thousands of pages of documents – his work product from all those years at the school – go through the shredder. It was not long after that bittersweet exercise that Munro received word he had been named the Jameson Award winner – and any feelings of melancholy were gone. CONTINUED ON PAGE 14

12 MONTANALAWYER STATE BAR OF MONTANA Greg Munro gestures during a lecture to a class at the University of Mon- tana’s Blewett School of Law. Munro, who had a nearly 30-year career at the law school, is the win- ner of the State Bar of Montana’s 2020 William J. Jameson Award. (Universty of Montana/ Todd Goodrich)

WWW.MONTANABAR.ORG OCTOBER2020 13 “This is the time in (a lawyer’s) life when we’re wrapping up our careers,” Munro said. “It was a really fabulous time to win the Jameson Award, because it shows that my whole career wasn’t repre- sented by those pieces of paper.” To talk to Munro now, it is hard to believe that not long ago, he faced a very uncertain future. Battling for his life after being diagnosed with stage four lung cancer, his prognosis was bleak – most people with that diagnosis are lucky to be alive 24 months later, his doctor told him. But after enduring chemotherapy treat- ments and working hard on a weightlifting and exercise regimen, Munro is now 18 months into remission, and thoroughly enjoying retirement. “It changes your perspective on things,” Munro, now 72, said of his can- cer diagnosis. “It makes you appreciate every single day. “My quality of life is Prior to being reached for a recent tele- shockingly good. I hope to phone interview, Munro had just returned with his wife, Barb, from a training run for be a statistical aberration.” an upcoming virtual half marathon race. He also stays busy sailing and backpacking and still finds time to keep up a pro bono law practice. “My quality of life is shockingly good,” he added. “I hope to be a statistical aberration.” Munro said he was surprised and ex- ceptionally pleased when he found out he had won the Jameson – and having had the opportunity to meet Judge Jameson Photos provided when he was a young lawyer makes the honor even more meaningful. Judge Jameson made mentoring his law clerks a priority, Munro said, and he regularly system, Munro has lectured at 250 Impactful as Munro’s career as an treated them to lunch. One of those continuing legal education presentations educator was, it’s a path he probably over the course of his career. Recognized clerks was Munro’s friend and future law never would have pursued if not for a nationally as an authority on legal educa- major disappointment. A 1975 gradu- school colleague Martin Burke. tion and law school assessment, he was a Those shredded pieces of paper Munro ate of the University of Montana School frequent speaker on the topics nationally of Law, Munro had already established referred to themselves reveal a lot about for 25 years. himself as a leading plaintiffs’ trial law- the long shadow he cast on the legal E. Edwin Eck, now a law school yer by the mid-1980s when he decided profession in Montana. A prolific legal professor emeritus, was on the faculty for writer and public speaker, he is the author nearly all of Munro’s time there, includ- to change careers and pursue a career of three scholarly books, numerous law ing 14 years as dean. According to Eck, on the bench. When he applied for an review articles and dozens of bar journal Munro stood out among faculty mem- open state district judge position, the articles, including a regular column in the bers for his work both in and out of the Judicial Nomination Commission gave Montana Trial Lawyers Association’s Trial classroom. him the highest score among all ap- Trends magazine. “Not only was Professor Munro one plicants. Munro asked his law school But they were far from the only ac- classmate Joe Mazurek, then a promi- complishments and professional service he of the best teachers at the law school, he nent state legislator, to discuss his ap- was cited for. repeatedly demonstrated his significant One of Montana’s top authorities interest in promoting the competence of pointment with Gov. Ted Schwinden, a on insurance, torts, and the civil justice the practicing bar,” Eck said. fellow Democrat, thinking his chances

14 MONTANALAWYER STATE BAR OF MONTANA Greg Munro, then interim dean of the law school, speaks at a 2015 reception announcing the creation of the Max S. Baucus Institute. Behind Munro are, from right, Ambassador Max Baucus; his wife, Melodee Hanes; Hanes’ daugher, Katie Shipman; Ambassador Baucus’ son, Zeno Baucus; and daughter-in-law Stephanie Bau- cus. (Universty of Montana/Todd Goodrich) of getting the job were pretty good. But with the Montana Trial Lawyers Schwinden told Mazurek he was a firm Association, and I’ve thoroughly en- “I don’t think there is another indi- believer in the Janklow rule – South joyed doing CLE, getting out and meet- Dakota Gov. Bill Janklow’s guideline ing people.” vidual who has had as much influ- that you only appoint judges when Munro’s legacy to the law school ence on the members of the Bar.” they’re so old they die before they start and the bar also comes from his per- Billings lawyer Gene Jarussi thinking they’re God. There was no sonal struggle with addiction and a deep chance of Schwinden appointing some- commitment to helping lawyers and law one as young as Munro. students with their own recovery. “I was devastated,” Munro said. “Greg was instrumental in helping another individual who has had as much But it was around that same time, the State Bar of Montana implement the influence on the members of the Bar… Munro said, that a visiting professor po- Lawyers Helping Lawyers program (now hundreds of young lawyers, while stu- sition came open at the law school. He the Lawyers Assistance Program)” said dents at our law school, have benefitted applied for and got that job, which soon Eric Rasmusson, a longstanding mem- from his teaching. These young lawyers turned into a permanent professorship. ber of the committee overseeing the pro- are the future of the Montana Bar.” “You can’t ask for a better career,” gram. “Greg has taken a leadership role Former student, now 11th Judicial he said. “I’m hopelessly extroverted. It and helped countless law students and District Judge Amy Eddy, agreed. “I can allowed me to keep doing trial work, attorneys by sharing his personal experi- think of no other individual who better which I did. I’ve stayed very involved ence, strength and hope with recovery embodies the principles and ideals of from alcoholism.” this award. For his work at the law school, For his part, Munro, now focused “Not only was Professor Munro one Munro was recognized by the American on sailing Montana’s lakes and, for the of the best teachers at the law school, Bar Association’s Commission on time being, virtual road races, places he repeatedly demonstrated his Lawyer Assistance Programs with its the focus elsewhere. “I have had the 2010 Meritorious Service Award for Law opportunity to be mentored by wonder- significant interest in promoting the Student Wellness. ful mentors,” he said. “The law school competence of the practicing bar.” Gene Jarussi, a former practice has also given me endless opportunities Former Dean E. Edwin Eck colleague in Billings said of Munro’s to be a mentor, and I hope I’ve taken impact on the bar “I don’t think there is them.”

WWW.MONTANABAR.ORG OCTOBER2020 15 2020 STATE BAR AWARDS Water court Chief Judge McElyea honored for improvements benefitting pro se litigants

By Joe Menden

After a 20-year career as a water law practitioner before joining the bench, Chief Judge Russ McElyea of the Montana Water Court knows as well as anyone the strong emotions water cases can elicit. Water rights are often vital to their owners’ financial security, and a threat to them can feel like a threat to their future ability to make a living. Those rights are often passed down from generation to generation, bringing the added burden for some of not wanting to let down their ancestors. To compli- cate things even more, everyone with water rights in Montana must appear before the Water Court at some point to adjudicate the elements of those rights. Unlike in other civil matters, they don’t have a choice whether to go to court. Entering this charged and often complicated process without legal rep- resentation can be a situation ripe for frustration. So when he became chief judge in Water Court Chief Judge Russ McElyea is the 2020 Karla M. Gray Equal Jus- 2013, Judge McElyea wanted to make tice Award winner. sure the court was doing everything it could to improve self-represented Judge McElyea, the court’s efforts at explain the process and educate the litigants’ access to justice by helping to improving access to justice have been communities. make the process as fair, straightfor- widespread – and widely effective. “As Chief Water Judge, Judge ward and understandable as possible. Examples Brown cited include a major McElyea has been instrumental in Because of those efforts, Judge revamp of the court website including ensuring that all water right users have McElyea was named the winner of a section with a trove of information, access to, and an understanding of, the the State Bar of Montana’s 2020 Karla forms and how-to guides for self-repre- Water Court’s processes,” Brown said. M. Gray Equal Justice Award. He was sented litigants; training court staff and For Judge McElyea, effective com- presented the award at the bar’s Virtual water masters to walk litigants through munication is the biggest key. Annual Meeting in September. the process of representing themselves; “No one should come here without and holding public meetings in places According to Helena water law at- Equal Justice, page 19 torney Abigail Brown, who nominated where decrees have been issued to

No one should come here without having their question answered. That fundamental principle, I think, more than anything is probably our most important operating principle. Chief Judge Russ McElyea, Montana Water Court

16 MONTANALAWYER STATE BAR OF MONTANA 2020 STATE BAR AWARDS Snodgrass lauded for sacrifices he makes to serve children as guardian ad litem

By Joe Menden

When Fred Snodgrass reflects on his reasons for working as a guardian ad litem in numerous Montana courts, he is reminded of a parable about a boy trying to rescue starfish that have washed up all over a beach. When a man passing by sees the boy tossing a starfish back into the water amid the thousands of others, he tells the boy that he can’t possibly be mak- ing a difference. “I made a difference for that one,” the boy replies as he continues the never-ending job. “If we can make a difference for someone, especially for a child, it makes the work worthwhile,” Snodgrass said. Snodgrass’ work as a GAL is among the reasons that he was named the 2020 winner of the State Bar of Montana’s George L. Bousliman Professionalism Award. Snodgrass’ nomination received letters of support from numerous lawyers and other stakeholders in the justice system. One of those was the Thirteenth Judicial District Judge Gregory Todd – one of the judges in whose court Snodgrass serves as a GAL. Judge Todd said that when longtime Yellowstone County GAL Damon Gannett passed away last fall, Snodgrass was the only one person he Fred Snodgrass of Billings is the State Bar of Montana’s 2020 George L. thought of who could fill his shoes. Bousliman Professionalism Award. And even though Snodgrass already was serving as a GAL in two of his col- leagues’ courts, he did not hesitate to say yes. “Fred sacrifices scores of hours These cases which he selflessly takes are emotionally of full billing per month to serve as draining and often very thankless. But it is critical that guardian ad litem in three courts and his clients receive the quality of representation that conflict counsel in many criminal and dependent neglect cases,” Judge Todd Fred gives. He has the ultimate respect of all my col- said. “He gets paid a fraction of his leagues in the 13th Judicial District.

Professionalism, page 19

WWW.MONTANABAR.ORG OCTOBER2020 17 2020 STATE BAR AWARDS Even in retirement, Lee continues her passion for giving back with pro bono

By Joe Menden that there are many ways to do pro bono work, and that MLSA has many ways Whitefish lawyer Kay Lynn Lee kept that make it easy to lend your expertise. an Emeritus license when she retired “Everybody should try to do it be- from active practice last September cause there is so much need in Montana so she could continue to do pro bono and it needs to be addressed,” Lee said. work. She didn’t want her brain to go Ironically, Lee, a former partner at stale, she said. Henning, Keedy and Lee whose practice Based on the volume of volunteer was mostly in bankruptcy, real estate work Lee continues to do in retirement, and workers’ comp law, always insisted there seems to be very little risk of that she would never do family law work. happening to the Whitefish lawyer. Nobody wins in family law, she said, Lee’s contributions to those in need and when you throw kids in the middle, have been wide ranging and extensive, things can turn ugly in a hurry. When according to Allison Paul, executive she started taking the cases por bono, director of Montana Legal Services though, she was surprised to find out Association. Lee has answered a whop- how satisfying the work can be – largely ping 40% of the 425 questions posted on due to the collegiality of Montana’s fam- MLSA’s Ask Karla online advice plat- ily law bar. form. She also volunteers multiple hours “Family law people all know each per month to MLSA’s phone advice Kay Lynn Lee is the State Bar of other, even if we haven’t faced each program, and she recruits and manages Montana’s 2020 Neil Haight Pro other,” she said. “Family law colleagues attorneys to participate in Kalispell’s Bono Award winner. for the most part get things done, and quarterly family law pro bono clinics. get things resolved in a fair and reason- She also recently became a mentor to Pro Bono Award because of those able fashion.” one of MLSA’s less experienced volun- contributions and many others. She Pro bono work is not the only way teer family law attorneys, Paul said. accepted the award at the Bar’s first ever Lee keeps busy in retirement. It also But even more impressive than the Virtual Annual Meeting in September. is not the only way she contributes volume of pro bono work Lee does is the Lee is a longtime member of the bar’s to equal justice in Montana. A tal- way she conducts herself in handling the Justice Initiatives Committee, and in ented painter, she has donated original work, according to Paul. that capacity, she usually is part of the artwork to the Art for Justice silent “She handles trauma-informed group that decides who receives the Pro auction to benefit the Montana Justice lawyering with compassion and ease, Bono Award. She said she was in utter Foundation that the State Bar has held led by her responsiveness, intuition and shock to find out that she was this year’s in conjunction with the past several generosity,” Paul said. “We are beyond recipient. years in conjunction with the Annual thankful for all of Kay Lynn Lee’s ser- “It’s nice to be recognized,” she said. Meeting. vices to MLSA, and we cannot think of “It’s nice to be liked. Sometimes we as “I tell people I have 27 hobbies,” she anyone more deserving of this pro bono lawyers just aren’t appreciated. I’m very said. “I really do like to keep my mind award.” happy that they (MLSA) are happy with busy.” Lee was named the 2020 winner of me.” the State Bar of Montana’s Neil Haight Lee wants other attorneys to know

We are beyond thankful for all of Kay Lynn Lee’s services to MLSA, and we cannot think of anyone more deserving of this pro bono award. Allison Paul, executive director, Montana Legal Services Association

18 MONTANALAWYER STATE BAR OF MONTANA Professionalism, from page 17 noted is enshrined all over the Rules of among those who nominated him. He Professional Conduct – from the prin- said it was also gratifying to find out regular fee for such work and spends ciple of candor to the tribunal, to the that his wife, fellow Billings lawyer many, many hours traveling each fact that despite a criminal defendant’s Jeanne Walker, as well as associates and month. These cases which he selflessly Fifth Amendment protection against staff of his firm were among those who takes are emotionally draining and self-incrimination, a lawyer must advise submitted nomination letters. often very thankless. But it is critical them that they cannot lie. “The recognition by the judiciary of that his clients receive the quality of “If you don’t have your word, you my work, especially for the work I do representation that Fred gives. He has don’t have anything,” he said. for children, left me speechless. I am so the ultimate respect of all my colleagues Snodgrass, a 2001 graduate of the thankful to all those who supported my in the 13th Judicial District. There is University of Montana School of Law, nomination,” he said. “I could not do no more deserving candidate for this said he doesn’t expect recognition for the things I do for my clients, especially award than Fred Snodgrass.” anything he does as a lawyer, and he as GAL, if he did not have the support When asked what professionalism was floored to find out he was chosen of my family and the staff in my law as an attorney means, Snodgrass said for the award. It was especially hum- firm.” to him it is all about honesty, which he bling to learn that Judge Todd was

anything is probably our most impor- facts,” he said. “Talk to the litigants. Equal Justice, tant operating principle.” Necessarily, the folks that are in the from page 16 That is especially when delivering case need to be the principal audi- unfavorable results. One of the mantras ence. Explain why. If you can do those having their question answered,” he of the court, he said, is: “Tell the story.” things, their acceptance is enhanced.” said. “That’s hard to do. That funda- “Demonstrate your mastery of the Judge McElyea is quick to point mental principle, I think, more than out that the improvements at the court have been a team effort – involving everyone from the court’s support staff, TO MAKE A BETTER PLACE water masters, and Associate Water Judge Stephen Brown. He is the one receiving the award only because he for this and future generations has “chief judge” in front of his name, he said. COMPILED BY DOROTHY BRADLEY “It’s not a one-man job. (Court staff) share the vision of access to jus- Featuring the writings of 23 Montana tice,” McElyea said. “You articulate the political & environmental leaders vision and teach them to embody the of the 1970s vision as their own. They live it every day, from their tone of voice, their pa- “If progressive history happens in pulses, tience, their genuine effort. That helps the years 1965 to 1980 were a sustained beam of light.” dissipate some of the anxiety.” Judge McElyea said receiving the DOROTHY BRADLEY award was both humbling and gratify- ing, especially considering the oth- To order, please send your ers who have won it before him and name, address and $30 to: the person it is named for – the late Montana Supreme Court Justice Karla Public Land and Resources Law Review M. Gray, who did so much to improve UM School of Law 32 Campus Drive #6552 access to justice in Montana. Missoula, MT 59812 “I’m standing on the shoulders of Email [email protected] for more giants,” he said. “I feel recommitted information and energized to keep going.”

WWW.MONTANABAR.ORG OCTOBER2020 19 PRACTICE TIPS Advocating for clients in a biased world: Rules and the record can be your friends

By Barbara Harris amount to anything I could or needed to hearing. assert within the context of the case. But I started practicing law in the 1980s, I have worked as an attorney in I recognized the bias and the ease with so it is no surprise that I have experi- Montana for over 35 years and I have which the judge dismissed the case after enced numerous situations involving seen a lot of biased behavior by attor- being distracted both professionally and gender bias; the details of how the bias neys, often to the detriment of my client. personally. is expressed have changed, but the Because I was disturbed by behaviors on By contrast, in another case, I overall effect is the same. As I get older a regular basis, I learned how to analyze remember choosing not to partake in I see ageism added to other biases. And situations to determine when and how prehearing in-chambers group discus- living in the year 2020, I am fully aware to make the biased behavior part of the sions with the attorneys and the district that humans are not inclined toward court record. In this article I suggest court judge but without the defendants less biased behavior. I have no brilliant practices based on my experiences. and without a court reporter, a practice ideas as to how to address these issues Practicing in various jurisdictions that had been identified recently by on a broad scale and I don’t assert that across the state, I experienced the the Montana Supreme Court as inap- in the legal profession we can or should biases associated with being an attorney propriate. My absence from the discus- address all biases in all situations. But in outside the group of attorneys that fre- sion would be noted by the judge, but a court case, advocacy requires assessing quented the same courtroom. I remem- I knew my decision was legally sound. a bias that may affect the outcome. And ber sitting in chambers the first morning I knew that to violate the decision of it is crucial that attorneys address biases of trial listening to a district court judge the Montana Supreme Court would that generally taint the legal profession. exchange unrelated, personal comments raise the potential of cancelling the The Benefit of Rules with opposing counsel for at least 10 effect of any district court decision There are many rules (statutory, minutes before recognizing my presence related to such a meeting. And I was court, professional, case law) and you with a comment that I probably don’t never inclined to use a procedure that will not always remember the details of know or care what they’re talking about. would potentially mean the case must them. But if you review the rules regu- It was common for a prosecutor from be retried or redone. So I chose to have larly and use office practices tailored to Helena to experience the effects of be- all discussions with the court in front of comply with them, you will be better ing an outsider. The distinction did not a court reporter during the scheduled

20 WWW.MONTANABAR.ORGMONTANALAWYER STATE BAROCTOBER OF MONTANA2020 20 able to avoid violating them. And you to of many discussions regarding schedul- for both parties? Not that I know of. need recognize the possibility of disad- ing and had to analyze the effect on my And it’s probably not worth making vantage to your client’s case when op- case (let alone the effect on my time in an issue of it. But when it is discussed posing counsel commits a rule violation. traveling to a hearing that had been reset (on or off the record), if you feel it is A rule’s existence rule means the rel- without notice). I tried to ensure that significant to your advocacy, speak up. If evant topic or behavior has been identi- my client was “in the room” by main- you have something important to review fied as significant to the practice of law. taining contact with the court clerk to during a break, don’t necessarily agree If it is a rule that relates to procedure, convey dates I would be unavailable. If to rewrite or reproduce jury instructions recognize that courts or bar members there was only one instance of excluding offered by your opponent. This is espe- have written rules to be more efficient me, nothing would be gained in mak- cially pertinent when your opponent and to treat people equally. Recognize ing it an issue. If there was a repeat of did not comply with the deadline for ex- that some prior litigant may have the procedure and a clear disregard for changing jury instructions that allowed worked hard to address inequalities by my circumstances as an out-of-town pretrial discussion – which would prob- calling them to the attention of the court attorney, I would file a pleading with a ably have resulted in an agreed-upon and others who control the legal system. timeline of events in the case and refer- instruction. These considerations apply Learn the reason for the rule and discuss ence to any applicable rule of procedure. to all genders, but in many situations it with other people to understand its This record would establish my attempts people have looked at me to do their application generally. to gain the court’s full consideration in work because I am female. The addi- Many rules are not followed in setting a hearing or trial and the effect of tional considerations are efficiency and jurisdictions where the same attorneys any noncompliance with the rule on my whether the situation arises through no see the same opposing counsel day after client’s rights or case. one’s fault. Again, more than one factor day. Many practitioners and judges A violation of procedural rules may should be considered before you make would rather use the quicker, simpler be one of the many regular parts of your your decision. practices established in their daily lives opposing counsel’s practice. If that is There may be no rules applicable than follow certain rules. For example, the case, your analysis may lead to the to some situations. While I regularly the rules requiring notice to opposing conclusion that bias is not present (or resolved cases at the beginning of my counsel on motions to reset hearings are is a minor cause); rather, there is much career through efficient and effective often overlooked in cases handled by sloppiness in opposing counsel’s prac- negotiation with opposing counsel, over the same attorneys in the same courts tice. Again, analyzing the effect on your the last 20 years, I have experienced on a regular basis. Comments are made client’s case will help determine how to a continual uptick of cases in which to clerks in between other hearings or be the best advocate. opposing counsel will not return a in other informal ways and hearings are Is it a rule violation for men in a call and/or consistently avoids resolu- changed by courts based on assertions courtroom, including the judge, to tion of the problem that is the seed of that opposing counsel has been notified. expect and require women attorneys to the case. This creates problems almost As a statewide prosecutor, I was left out fulfill the secretarial or paralegal roles immediately, so I have learned to seek

21 MONTANAWWW.MONTANABAR.ORGLAWYER STATE BAROCTOBER OF MONTANA2020 21 22 MONTANALAWYER STATE BAR OF MONTANA clarification of a schedule (if not set by beginning of a case, explain the basics a court) to keep a case on the court’s to your client, prepare your verbal and calendar and to avoid delay. written product, and be realistic about Although we are told regularly to the case outcomes. be cordial, professional, and ethical, 2. Educate yourself regarding a those standards are not applied by some court’s record to ensure that it includes attorneys. In my cases, when attorneys Review and preparation are key relevant facts. Early in a case, learn the engaged in the “sharp” practice of law to recognizing where bias may court’s procedures. When does the and were rewarded with court decisions affect your client’s case. court start talking about a trial date? or complimented by a court after a trial Especially in the current circumstances involving despicable behavior, I would related to the pandemic, potential trial review the situation to see where shed- dates may be unknown and giving a cli- ding light on the unethical or unprofes- ent advice regarding the timeline of the sional behavior would be a good idea in But when the emotions related to the case will be particularly difficult. the future. short incident subsided, it was critical Learn how the record is created and to describe exactly who did what in the kept by the court clerk. Will the judge The Benefit of a Court Record courtroom. This was done in cham- have all papers filed in the case file dur- Which brings me to the benefit of a bers and recorded for potential use by ing a hearing or is there the possibility court record, one of the most wonder- the parties. Advocacy by the attorneys that they will still in the clerk’s office? ful things for setting out history and a clearly required such practice, but it Don’t be afraid to ask questions if neces- way forward for all involved. Because would have been easy to appreciate only sary to clarify application of procedural I started as an appellate attorney and the fact that the juror was not injured. rules. read transcripts for a living, I learned at What does an attorney do about As to the clerk’s pleading record, a young age the importance of a record. verbal comments based on bias? If a add any documents you deem necessary Any court addressing an issue in your comment blatant enough to show a bias to make the record reflect what did or case will rely on the record regarding is made during a hearing or trial, as did not happen. For example, maybe procedural and substantive issues. If with all other courtroom scenarios, you you need to request particular accom- something is not in the record, you lose should think on your feet and decide modation during the pandemic and your ability to argue and advocate about whether or not to respond. But such either delay or urgency. Do not assume it. So, much of this advice applies to all comments are rare. My experience has that any court will know your client’s things that happen in a case, whether been that biases are shown in off-the- circumstances; state them in a pleading. based on bias or not. record statements between attorneys, 3. Ask: Was there a violation of a An attorney can be mistaken as to clients, court staff, and witnesses. Bullies rule? As soon as possible, review the whether or not an issue was referred choose persons and situations that allow rules potentially applicable to the action in the “cold record.” This is remedied more secretive comments on their part of the attorney or judge to know any by attention to the record as a matter and often rely on a lack of record. If you potential claim or need for more of a of practice. Review your pleadings as hear a biased comment, you will have an record. These rules include the rules though you are a reviewing court. Is opportunity to respond. Remember that of procedure, rules of evidence, rules there a clear assertion of a rule and the not all comments deserve a response. of professional conduct, and judicial circumstances that give rise to the claim More often, biases are not verbally standards. In some situations, a rule vio- of violation? At a break and at the end expressed, but are felt, which makes lation can be the basis of a motion filed of every day of hearing or trial, make them hard to identify. Many times what the next day or a report to a disciplinary a record regarding any discussions at I felt was that what happened would not board later. Know what procedures are the bench during sidebars or out of the have happened had I been a male. necessary or possible. presence of the court reporter. Don’t Review and preparation are key to 4. Assess any impact on legal claims. let the opportunity slip away based recognizing where bias may affect your Because the impact of improper be- on a quick, stressed decision that you client’s case. Consider these steps when havior will be different in cases involv- could never pursue the claim. Make the you are handling a court case: ing different claims and different law, record as soon as you can and you can 1. Set your goals and prepare advocacy demands that you assess each later assess the situation and applicable your product. Before you present to situation. Hypothesize the results if all rules. When a juror fainted during the a court or opposing counsel, know parties engaged in the improper activity testimony of the state medical examiner your procedural and substantive goals. used by your opponent. Would you get and his reference to the photographs Many clients think cases can be simply away with a violation of the rule? Is the of the deceased victims in a homicide and quickly presented to and decided rule violation overlooked because you case we were trying, everyone in the by a court. Once you have done the courthouse felt concern for the juror. necessary review and research at the Biased, page 25

WWW.MONTANABAR.ORG OCTOBER2020 23 RISK MANAGEMENT As time takes its toll on all of us, it’s never too early to plan ahead In the middle of a conversation with current at all times is equally necessary Mark one of our insureds on the topic of the regardless of your practice setting. difficulty of learning to say no, the fine Then there are subtler risks that arise Bassingthwaighte gentleman I was conversing with did a because of the aging process itself, many jump shift on me. For whatever reason, of which can be gradual. Sooner or later he felt it was important to acknowledge everyone begins to realize their memory, that he was cognizant of his age and he hearing, and/or sight isn’t as sharp as it Since no one wanted me to know he had taken steps once was. I’ve heard all kinds of stories has found a to make sure he continues to practice and fears. Some lawyers find they have a way to stop law competently. What really struck me, hard time accurately seeing everything the aging however, was his desire to also share he on a computer screen, which leads them had instructed others at his firm to let to worry about making mistakes due process, the him know if they were to ever see him to incorrectly entering a critical date or day will come start to mentally slip, because in his misreading what is on the screen. Others when it is words “the day will come when…” struggle with forgetfulness, worrying that time to cease As a risk manager, I found his com- it is only a matter of time before they’ll ments reassuring. In my mind, he’s fail to show up at a hearing, miss a filing practicing law. someone I would describe as growing old deadline, or incorrectly remember what a Until that day gracefully. He’s not in denial and, unlike client’s instructions were. And yet others arrives, how- far too many, he doesn’t appear to be have shared they have all kinds of fears ever, do all fighting the aging process tooth and nail. about their hearing loss, not the least of He also recognizes that with age comes which is a fear of mishearing something you can to age certain age-related risks and he’s address- due to being too embarrassed to ask a gracefully. ing that reality. Considering this conver- client or a judge to repeat what was just sation, I felt compelled to take a look at a said. few of these risks and talk about how to There are any number of steps one responsibly manage them. might take to address these subtle risks. The most obvious risk with the aging In terms of competency issues, checklists process is the unexpected event, such as can be a great way to make sure nothing a medical crisis that leads to a short- or is overlooked. Additional training on long-term absence. Should this ever oc- how to get the most out of your comput- cur, someone will need to step in and at er tech might become necessary, if for no least temporarily accept responsibility for other reason than as tech evolves so does ALPS Risk your client matters, even if you aren’t in the standard of care. You might con- Manager Mark a solo practice. For the solo practitioner, sider prioritizing the pursuit of relevant Bassingthwaighte, Esq. however, this is a particularly significant CLE in the areas in which you wish to has conducted over issue that underscores the necessity continue to practice. Think about it: Just 1,000 law firm risk management assess- of having a backup attorney in place. because you’ve practiced in a given prac- ment visits, presented Regardless of your age, if you haven’t tice area for several decades doesn’t mean numerous continu- already found one, now’s the time. you can ignore your obligation to remain ing legal education Next, do not overlook the related file current on the impact of any recent seminars throughout status problem. Lawyers don’t always changes in relevant law or regulations. the United States, and keep files as current as they should. I And finally, acknowledge that at some written extensively on risk management believe for many it is a time and trust point you may need to start slowing and technology. Many thing. There’s never enough time and just down because the time and energy neces- of his recent semi- about everyone trusts their own memory. sary to stay on top of it all is no longer nars are available at Here’s the problem with that line of there. When that day comes, this might montana.inreachce. thinking. Memory isn’t as trustworthy as mean taking on fewer matters or no lon- com. Contact him at: one ages and if you’re not available due ger taking on certain types of matters. [email protected]. to an unexpected event, it doesn’t matter anyway. Keeping the status of all files RISK,page 26

24 MONTANALAWYER STATE BAR OF MONTANA EQUAL JUSTICE Axilon Law marks Pro Bono Month through firm-wide Volunteer Day Axilon Law’s mission has long stepping up to help meet that need. As Montana continues to feel the ef- included a dedication to ensuring According to Jill Gerdrum, a part- fects of COVID-19, MLSA is seeking as- equal access to justice in Montana. This ner at Axilon Law Group, “Axilon Law sistance from pro bono lawyers to help October, the firm’s lawyers decided to Group believes that working towards address the growing demand for civil work together to dedicate one day to equal access to justice for all is an im- legal aid. If you’d like to get involved, providing pro bono services through portant part of the legal profession. As please reach out to Angie Wagenhals Montana Legal Services Association’s a firm, we’re really excited to pair with at [email protected] or by calling pro bono phone advice program. Montana Legal Services this October 406-442-9830 ext. 148. If now is not a The timing could not be better, ac- to provide legal advice to working class good time to volunteer, MLSA and the cording to Angie Wagenhals, MLSA’s Montanans who cannot afford to hire a Montana Justice Foundation also rely director of pro bono. With an increase lawyer to address their civil legal issue. upon donations from firms and indi- in client need because of the COVID-19 It’s a great way for our firm to work viduals to ensure equal access to justice pandemic, pro bono legal services are together on a project that gives back to for everyone. more important than ever. Axilon is our community.”

with the attorney or judge involved. recognize when something has affected Many situations involving biases last for a client’s claims and all options avail- Biased, years and you are not the only person able within the context of a case. And a from page 23 seeing the bad behavior. serious approach to the practice of law 6. Control your focus and maintain a includes addressing bias by applying are of a particular gender, age, etc? What sense of humor. Control your focus on rules and making a court record. It is are the results of the rule violation? the incident. Don’t let it occupy more of laborious and it’s much easier to let the Delay? Disrespect? Improper evidence your thinking than is necessary to make behavior slide away without comment. considered? If the tables were turned the record and advocate for your client. But a failure to address problems based and the advantage either taken by op- Avoid the same situation in the future on bias increases their effect and works posing counsel and/or allowed by the (don’t get “fooled” more times than to destroy a legal system supposedly judge disadvantages the legal concerns necessary) and channel your reactions based on equal justice. of your client, you must make a record. into legitimate practices. Barbara C. Harris practiced as 5. Assess nonlegal concerns. Using Whether you have done what you an assistant attorney general in hindsight, continue your analysis of could as an advocate or have just learned Montana for over 29 years, primar- the effect of improper behavior. This is something from the incident, go outside, ily as a prosecutor, and handled crucial when you feel bias. Set out the let the sun shine on your face, and let cases in courts throughout the facts for your coworkers and other pro- the anger seep out your ears. Find some state. She now does elder law fessionals. Their reactions will involve people that will help you laugh about the for the Montana Legal Services objectivity you may not have. Determine situation to the extent appropriate. Find Association. the extent of your ego involvement. some relief and move on as you can. Consider your continuing relationship Advocacy demands that an attorney

BETTR SECTION MENTOR PROGRAM New to transactional practice and don’t know where to find answers? Providing limited-scope input within the mentor’s discretion, a mentor from the BETTR section may be able to help. To learn more, or to find a mentor, email Kathleen Magone, chair of Education and Outreach Committee of the BETTR section, at [email protected].

WWW.MONTANABAR.ORG OCTOBER2020 25 as well. As clients age, their legal needs your files, focusing not only on the advice will also change. In some way we’ve come being given but the decision-making Risk, full circle here. It can be hard to say no process as well. from page 24 to these clients; but that may be exactly In sum, since no one has found a way what is called for. Don’t allow long-term to stop the aging process, the day will With visual issues, buying a bigger clients to push you into agreeing to come when it is time to cease practicing monitor or having IT adjust your screen help them on matters you have no real law. Until that day arrives, however, do settings might solve the problem. With experience in. Either refer this work out all you can to age gracefully. Be aware of hearing, it might mean finding time to or do whatever is necessary to come up your limitations as they arise and be open have your hearing checked. My point to speed. Anything short of this is asking to hearing the concerns of others. Find with all these ideas is to encourage law- for trouble. Second, don’t turn a blind ways to identify your specific risks and yers to find a way to work the problem of eye to the possibility that forgetfulness work to responsibly address them. I say age-related risks instead of ignoring it. or confusion may be in play with some this because I have had to sit down with A final risk worth mentioning is of your older long-term clients. Take a few solos over the years and be the one the comfort that can arise in long-term whatever amount of time is necessary to who had to tell them their time had come. attorney-client relationships. Two points make certain these folks understand the Trust me, aging gracefully is the better to make. First, it is important to remem- advice being given and couple that with a choice. ber that these long-term clients are aging commitment to thoroughly documenting

HIGH SCHOOL MOCK TRIAL IS BACK FOR 2021! REGISTRATION IS OPEN NOW CONTACT YOUR LOCAL SCHOOL TO START A TEAM WWW.MOCKTRIAL.MONTANABAR.ORG | [email protected] CONTINUING LEGAL EDUCATION

Western Montana Bar Association Judges CLE UPCOMING CLE CALENDAR Friday, Nov. 6 | 3.0 CLE cred- its: Join the WMBA on Friday, The following CLE seminars have been confirmed by the CLE November 6, for an opportunity to Institute and State Bar Sections. Register for upcoming CLE in the ask candid questions of the Fourth calendar at www.montanabar.org. (Registration is open now for Judicial District judges. This CLE events marked with an asterisk.) will feature a State of the Bench EVENT DATE LOCATION address followed by a question and answer session with the Western Montana Bar Association Nov. 6 Webinar districts’s five judges: Hon. John Judges CLE * Larson, Hon. Robert Deschamps, Free CLE - Law & the Good Life: How Nov. 18 Webinar Hon. Leslie Halligan, Hon. Jason to Be a Productive, Happy Lawyer* Marks, Hon. Shane Vannatta, and attorney Tim Strauch. Public Law Section CLE: Ford Motor Nov. 19 Webinar Company v. Montana Eighth Judicial Free CLE - Law & the Good Life: District Court* How to Be a Productive, Happy Introduction to Boolean on Fastcase* Nov.19 Webinar Lawyer Data Analytics: Fastcase and Docket Nov. 26 Webinar Wednesday, Nov. 18, Noon | Alarm* 1.0 CLE credits: While many pro- Lunch and Learn: A Discussion with Dec. 2 Webinar fessional occupations come with IRS Legal Counsel on US Tax Court pressure, attorneys face uncom- and Tax Litigation in Montana* monly tough challenges that lead CLE and Ski 2021 Jan. 14, 2021 Big Sky/Web to unhappiness and burnout. Stress experienced by legal profes- sionals is so far above the norm that it can only be described as “outlier stress.” Do you have clients who have been Public Law Section CLE: Ford Motor injured as a result of receiving Company v. Montana Eighth Judicial District Court medical care in Washington? Save the Date: Nov. 19 | 2:30- 430 p.m. BETTR Section Lunch N’ Learn If so, we can help. Save the Date: Wednesday, Dec. 2 | Noon Our fi ve-attorney fi rm limits its practice to medical malpractice cases. We have represented Montana residents in 2021 CLE & SKI such cases and would welcome your referrals. CLE & Ski — Real Ski, Virtual CLE Save the Date: Jan. 14-17. We’re making it easy this year. CLE pro- Medical Malpractice. gramming will be virtual via Zoom. For those who want to ski, a limited It’s All We Do. number of rooms available at Big Sky. Room block expires Nov. 29. 206.443.8600 Discounted lift tickets available to cmglaw.com those with on-mountain lodging.

WWW.MONTANABAR.ORG OCTOBER2020 27 IN MEMORIAM Elizabeth Clark and military service through a scholar- attending Officer Candidate School, he ship focused on supporting law students was commissioned as a second lieuten- Elizabeth “Beth” Clark passed away who demonstrate a commitment to ant in the Marines and returned to the suddenly on April 5, 2020, from an un- veterans’ advocacy or who have com- University of Montana to attend law detected and rare heart condition. Beth pleted military service. They hope to school. After obtaining his JD in 1976, was an accomplished lawyer, endurance raise $25,000 to permanently endow the he practiced as a trial lawyer in the athlete, sergeant in the United States scholarship, allowing it to make annual Marine Corps for 12 years. Army Reserves, caring wife, and mother scholarship awards of approximately Jim retired from the Marine Corps in to three beautiful children. She leaves $1,000 to law students for years to come. February 1988. In 1989, Jim and Marilee behind a legacy of leadership and com- All gifts to the scholarship will be routed moved to Victor, opening their law and passion, and is missed through and managed by the University CPA firms. Jim had a solo practice, by all who knew her. of Montana Foundation. Checks can be including public defending, real estate Beth was born in mailed to the UM Foundation, PO Box law, estates, and other services. 1981 in Quarryville, 7159, Missoula, MT 59807, noting the In 1999, Jim became a Montana Pa. She attended “Beth Clark Law Scholarship – Fund legislator and served for six years in the Wesley College before 25Z” in the memo line or in an attached House and eight years in the Senate. Jim enlisting in the Army letter. You may also give online at www. was a bit of a maverick, often voting his Reserve and receiv- supportum.org/give, noting the “Beth conscience. Jim was helpful to both sides Clark ing training as an Clark Law Scholarship – Fund 25Z” in of the aisle. Jim was proud of his service occupational therapist. the comments field. If you would like to the State of Montana. Upon her return, she completed her further information about how to give, Jim was involved in almost every- undergraduate degree at Wilmington please contact Erin Keenan at erin. thing including several Marine Corps University, then continued her service [email protected]. Veterans’ Organizations, the American in the Army Reserve while attending law Legion, the Veterans of Foreign Wars, school at the University of Montana. James Gene Shockley the Masonic Lodge #43, the Lions Club, She graduated with honors in 2012, and the Republican Party. then went on to receive her LLM from James Gene Shockley of Victor died Jim’s achievements included re- the University of Washington School of peacefully at home on Sept. 14. He was ceiving the Purple Heart, the Navy Law in 2016. She worked the past few born in 1944 at Luke Field Air Force Achievement Medal, the Meritorious years as an associate at Bjornson Jones Base in Phoenix to Gene and Helen Service Medal, the Good Conduct Mungas PLLC in Missoula. Beth’s law Shockley. Medal, the Pat Williams Intellectual practice focused on helping clients plan Jim moved around the country Freedom Award, and the Distinguished for life events, whether by creating a with his family in his childhood, and Service Award from the Montana comprehensive estate plan, starting or then continued his travels, attend- Supreme Court. selling a business, buying or selling real ing the University A memorial service is being planned estate, or administering the estate of a of Oklahoma for a for June 2021 to allow family and friends loved one. semester in 1962 to attend in person. In lieu of flowers, Beth was an avid runner and par- before transferring donations may be made to the Salvation ticipated in several endurance events to the University Army or any veterans’ organization. including The Rut 50K, Missoula of Montana, then Marathon, Blue Mountain 30K, Coeur enrolling in the U.S. d’Alene Olympic Sprint Duathlon, and Marine Corps in 1963 Waco Half Ironman. Beth served as the as a radioman with Shockley Board Chair for the Ronald McDonald 3rd Recon, where he Memorial submissions was ordered to duty in House Charities of Western Montana The Montana Lawyer will Okinawa, the Philippines, and Vietnam. and volunteered at the Self-Help Law publish memorials of State Center. On July 12, 1965, he was severely Bar of Montana members at To honor Beth’s outstanding con- wounded in Vietnam by enemy machine no charge. tributions to her family, community, gun fire. His friend Sgt. Maj. Freddie Please email submissions and country, Beth’s friends, family and Murray rescued him from the ambush to jmenden@montanabar. colleagues hope to raise invite you to site, saving Jim’s life. org using the subject line join us in supporting the creation of Upon completion of his enlist- “Memorial.” Memorial sub- a new scholarship at the University of ment, Jim returned to the University missions are subject to edit- Montana’s Blewett School of Law. The of Montana, where he earned a BA ing for length and content. “Beth Clark Memorial Scholarship” will in history and met his bride, Marilee, honor Beth’s compassion, advocacy, who became his wife of 51 years. After Robert Driscoll ‘R.D.’ Corette Law Firm in 2009. Towards the end of Jake the opportunity to attend Gonzaga his career, he was a highly sought-after University. He later mused how strange RD passed away peacefully from can- mediator. it was to be reading Chaucer and cer on Oct. 17, surrounded by his dear RD’s love of Butte manifested itself Shakespeare in Spokane just months after family. He was born in Butte on Sept. 8, in his service to the YMCA, Butte Town surviving enemy fire outside his C-47. He 1940, to Bob and Lorrie Holt Corette. Club, Butte Exchange Club, Butte-Silver graduated from Gonzaga in 1949, where he studied English and for the rest of his After graduating from Butte High Bow Chamber of Commerce and Butte life, he loved to recite poetry. School in 1958, he joined the Marine Country Club. He strongly supported From Spokane he moved to Seattle, Corps Reserves and then attended the Butte Central and the Butte Food Bank. where in 1953 he married Polly Ann University of Montana. While there, he RD cherished his life as a husband, Peiton. In 1959, he graduated from was a Sigma Chi pledge and was on the father, father-in-law, grandfather and Georgetown University law school. That Rodeo Team. He graduated in 1963 with brother. His grandchildren gave him year he moved his young family to Great a B.S. degree in Business Management, great joy. A strong believer in education Falls, where he practiced law and worked and in 1966 earned and fun, he encouraged and nurtured all for Buttrey Foods as General Counsel, his J.D. degree from of them. RD’s optimism, sense of humor and later Vice President. In 1981, Jake UM Law School. and positive mental attitude (PMA) moved to California, where he was execu- While in college, affected everyone who encountered tive vice president and general counsel he married Bobbie him. This attitude carried him to the for Sav-On Drugs. He practiced law in Reber. From that end of his honorable life. His footprints the Los Angeles area until his retirement union, Lorrie and are firm and deep. All the lives that he in 1993. Christine were born. touched were his success and wealth. Ronald Leroy Frazee After their divorce, He is survived by his beloved wife Corette RD became a single Patty of 45 years and their children. Ron was born the son of the late parent. During this Chester and Dorothy Frazee of Billings time, he was introduced to the beautiful John Joseph ‘Jake’ Quinn on Nov. 19, 1946. Patty Prigge Monahan by her brother He was a graduate of Montana State John Joseph “Jake” Quinn, husband of Bob Prigge, who was joining the Corette University - Billings sixty-seven years, father of nine, grandfa- law firm. After a short courtship, the ther of thirteen, great-grandfather of one, and the Alexander couple and their blended families em- and distinguished attorney, passed away Blewett III School of barked on a 45-year adventure on July September 24, surrounded by family at Law at the University 4, 1975. his home in Lake Oswego, Ore. He was of Montana. Prior In 1993, Patty and RD took on a 97. to attending law young boy, Cameron Lundy—an- Part of what Tom Brokaw has called school, he served in other example of their unconditional “the greatest genera- the U.S. Navy as a tion,” Jake was born love. They had many adventures with Frazee Naval Aviator in the Cameron and adopted him in 1998. a handful of years Vietnam War, complet- RD was a 3rd generation Butte after “the Great War” ing numerous missions aboard the USS lawyer. He exuded integrity, respect, and the last world- Enterprise. He continued to serve in the wide pandemic, grew commonsense and wisdom. He loved Naval Reserve, retiring in 2000 with the up during the Great practicing law and was passionate about rank of Captain. Depression, and came mentoring young lawyers in his 43 of age just in time to Ron started his legal career in 1978 years of practice. He had an illustrious enlist in WWII, argu- with the Crowley Law Firm in Billings. career in law and public service. He was Quinn ably an even “greater” In 1982 he moved to Dallas and joined admitted to practice in the Montana war. Hunt Oil Company. He later worked for Supreme Court, U.S. District Court of He was born on March 8, 1923, in Arco International Oil and Gas Company Montana, U.S. Circuit Court of Appeals- Volga, Iowa, the son of Robert F. and and Mayfair Petroleum, Inc., and started 9th Circuit, and U.S. Supreme Court. Irene G. (Corell) Quinn. Raised mostly a private practice in 1998. He was a member of the American by his mother in Michigan, he enlisted Ron was known for his dedication Bar Association, State Bar of Montana, in the Marine Corps in 1942 at age 18. and professionalism and widely regarded Butte-Silver Bow Bar Association, Technical Sergeant Quinn served with as an expert in corporate taxation and International Association of Defense distinction as an air navigator in the international oil and gas law. He enjoyed Counsel, Defense Research Institute, Pacific theater, participating in combat helping individuals with personal legal missions totaling more than 300 hours Montana Association of Defense matters and working as part of a team in of flight over enemy territory, “during Counsel, American Board of Trial which enemy opposition was probable complex corporate negotiations, includ- Advocates, Best Lawyers in America, and expected,” according to an official ing work with the deepwater exploration and Fellow-American College of Trial citation. company JHI Associates, Inc., where he Lawyers. He retired from the Corette After his service, the G.I. Bill gave was in-house counsel since 2015.

WWW.MONTANABAR.ORG OCTOBER2020 29 JOBS & CLASSIFIEDS

CLASSIFIEDS Contact | To post a job on our online Career Center, visit jobs.montanabar.org. (Bar members get $100 off listed price for job postings, plus a Montana Lawyer classified is included in the price.) For all other classified inquiries, email [email protected] or call 406-447-2200. ATTORNEY OPENINGS clients in capable hands. Please send a legal assistant as well as two investiga- letter of application, references, resume, tors. You will join us in advocating for ASSOCIATE ATTORNEY: Parker, Heitz transcript, and writing sample to katie@ our clients and upholding our clients’ & Cosgrove, PLLC, a Billings litigation hendricksonlawmt.com. rights and providing them with the best firm, seeks an associate attorney for possible defense against the crimes with a litigation position. Applicants must ASSOCIATE ATTORNEY: Datsopoulos, which they’ve been charged. We work demonstrate excellent research, writing MacDonald & Lind, P.C. of Missoula, primarily with plaintiffs’ personal injury and communication skills. Competitive Montana seeks an experienced lawyer and defending every type of criminal salary and benefits. Please submit your with two to five years of experience in pri- charge. Please send a letter of interest cover letter and resume in confidence vate practice to work as an associate on and resume to [email protected] to Parker, Heitz & Cosgrove, PLLC, P.O. Family Law, Civil Litigation and General and [email protected] Box 7212, Billings, MT 59103-7212, or via Trial Practice. Our firm offers a strong col- email to [email protected] or deb- legial and productive work environment CITY ATTORNEY/CHIEF DEPUTY COUNTY [email protected] and excellent compensation. The ideal ATTORNEY: Seeking experienced attor- candidate would be a lawyer with a posi- ney for combined position as Lewistown ASSOCIATE ATTORNEY: Brown Law tive, can-do attitude and a diligent work City Attorney/Chief Deputy Fergus Firm, P.C., a litigation firm with offices ethic. Some basic requirements include County Attorney. As City Attorney, in Billings and Missoula, is seeking an being a current member of the Montana is chief legal counsel for the City of Associate Attorney for its office in Bar, superior writing skills and familiarity Lewistown and prosecutes criminal mis- Billings. We offer a competitive salary, with a myriad of practice areas. Please demeanor and municipal code violations benefit package including profit sharing send cover letter, resume and references in City Court. As Chief Deputy County and 401(K). Please send a cover letter, re- to [email protected]. Attorney, is responsible for prosecuting sume, references and a writing sample to civil and criminal cases in Fergus County ASSOCIATE ATTORNEY: Busy Downtown Brown Law Firm, P.C., Attn: Teresa Delvo, Justice and District Courts. Full listing Bozeman office specializing in business P. O. Box 849, Billings, MT 59103-0849, and application information available transactions, litigation, family and real or email to [email protected]. All at http://cityoflewistown.com/services/ estate law is looking for an Associate applications will be confidential. employment Attorney to join our Firm. Applications ASSOCIATE ATTORNEY: Trial-focused firm must demonstrate excellent research, CIVIL RIGHTS ATTORNEY: The ACLU of in Bozeman is looking for an Associate writing and communication skills, be Montana Foundation ( ACLU of Montana to join our busy practice. Experience pre- highly organized with the ability to mul- ) is seeking a passionate, energetic and ferred but not required. Applicant must titask. Competitive salary and benefits. committed staff attorney to conduct be licensed in Montana or planning to Three to five years’ experience required. litigation advancing civil rights and liber- sit for the July 2020 Bar, with continued Please email cover letter, resume, ties in the state. The position is full-time employment contingent upon obtaining references and writing sample to info@ and will pay an annual salary of between a license to practice within 6 months. berglawfirm.com. $55k and $68k depending on experience. Please email cover letter, resume, refer- See full listing and application procedure ATTORNEY: Active litigation law firm ences, and writing sample to info@dod- at jobs.montanabar.org/jobs. dlawfirmpc.com. based in Missoula is looking for an at- torney to join its practice. Competitive TRANSACTIONAL ATTORNEY: Dorsey & ASSOCIATE ATTORNEY: Hendrickson salary and benefits. Minimum five years’ Whitney has an opening for a transac- Law Firm, P.C. seeks an attorney with experience required, qualified applicants tional Associate attorney to support our litigation experience to do primarily will have a commitment to meet- Corporate practice group. In this role commercial litigation, including contract, ing client needs through exceptional you will have an opportunity to work property, construction and estate cases, research, communication, and advocacy on a wide variety of corporate transac- with the opportunity to be a major part skills. Please mail cover letter, resume, tions, with a particular focus on emerg- of a small, well established, highly rated, references and writing sample to P.O. ing companies and venture capital general practice firm in Billings. This is Box 4066, Missoula, MT 59806 or jarm- work. You will work closely with Dorsey an opportunity for immediate revenue [email protected]. attorneys and clients on deals of vary- sharing and virtually unlimited future ing sizes and across multiple offices, ATTORNEY: Gillette, Wyo., criminal financial success, primarily based on including Missoula, Salt Lake City, and defense and personal injury firm is ready productivity, while keeping a strong Denver. This position can be based in to add another Attorney to manage emphasis on professionalism. Five years’ Denver, CO, Missoula, MT, or Salt Lake an increasing caseload. We operate a experience preferred. Immediate client City, UT. Dorsey accepts online applica- busy and highly successful practice that involvement and experienced mentor- tions at www.dorsey.com/attorneyjobs. practices throughout Wyoming. We ing. Several members are at or nearing No application materials by mail or email employ an advanced certified paralegal, retirement and want to keep their good except as a reasonable accommodation 30 MONTANALAWYER STATE BAR OF MONTANA for qualified disabled applicants. [email protected], (406) EXPERIENCED BANKING EXPERT/ 590-5167 CONSULTANT – 40+ years of TRANSACTIONAL ATTORNEY: BUSY PRACTICE? I can help. Former banking experience 30 years Datsopoulos, MacDonald & Lind, P.C. of MSC law clerk and UM Law honors of which were in executive Missoula, Montana desires to engage graduate available for all types management positions in banks an experienced transactional/commer- of contract work, including legal/ ranging in size from community cial lawyer with three to four years of factual research, brief writing, court/ banks to multi-billion-dollar, experience in private practice to work as depo appearances, pre/post trial multi-state banking organizations. an associate on sophisticated real estate jury investigations, and document Executive responsibility for development, business and complex review. For more information, all phases of lending, lending commercial transactions. Please send visit www.meguirelaw.com; email disciplines and credit assessment. cover letter, resume and references to [email protected]; or call Special expertise in determining [email protected]. 406-442-8317. borrower creditworthiness and the PARALEGALS appropriateness of lender behavior. ENHANCE YOUR PRACTICE with Outstanding legal references upon ELDER LAW: Elder law firm seeks a team help from an AV-rated attorney with request. Please contact Leon Royer player in our small Great Falls law office, more than 37 years of broad-based by telephone at 406-932-4255 or where we develop great rapport with experience. I can research, write and/ [email protected]. long-term clients. Prior legal experi- or edit your trial or appellate briefs, FORENSIC DOCUMENT EXAMINER: ence or paralegal training preferred. analyze legal issues or otherwise Trained by the U.S. Secret Service Must be bright, detailed, and reliable. assist with litigation. Please visit my and U.S. Postal Inspection Crime Lab. Duties include assisting the attorney website at www.denevilegal.com to Retired from the Eugene, Ore., P.D. in drafting estate-planning documents learn more. [email protected], Qualified in state and federal courts. and court filings related to guardian- 406-210-1133. Certified by the American Board of ship and probate. Must also be willing TRANSCRIPTIONIST: Expert Quality forensic Document Examiners. Full- to pitch-in with office duties as needed. Transcriptionist available for all service laboratory for handwriting, Work hours are 30-40 hours per week, your transcription needs. I am the ink and paper comparisons. typically four ten-hour days, Monday chief transcriptionist and owner Contact Jim Green, Eugene, Ore.; through Thursday. Send portfolio to of Transcription Solutions USA. 888-485-0832. Website at www. [email protected]. Include resume, I’ve been transcribing for medical documentexaminer.info. description of legal training and software practices, attorneys, court reporters, programs you are familiar with. law enforcement, investigators, PSYCHOLOGICAL EXAMINATION courts, etc. for 15+ years. I am & EXPERT TESTIMONY: Montana highly experienced in legalese and licensed (#236) psychologist with OFFICE SPACE document formatting. I have an 20+ years of experience in clinical, outstanding turnaround time and health, and forensic (civil & criminal) PREMIUM PROFESSIONAL OFFICE psychology. Services I can provide SPACE FOR RENT: Missoula office fair pricing. Exceptional references are available upon request. Please include case analysis to assess share for one or two attorneys: for malingering and pre-existing Located in the historic Higgins contact Krystin Spolar at 406-539- 1985 or [email protected]. conditions, rebuttal testimony, Building on the corner of Main St. independent psychological and Higgins Ave. Nice woodwork and CONSULTANTS & EXPERTS examination (IME), examination high ceilings. Includes conference of: psychological damage, fitness BANKING EXPERT: 34 years room, large waiting room, storage, to proceed, criminal responsibility, banking experience. Expert banking and paralegal/secretary space. sentencing mitigation, parental services including documentation Contact Andrew George at 406-531- capacity, post mortem testamentary review, workout negotiation 6653 or [email protected]. capacity, etc. Patrick Davis, Ph.D. assistance, settlement assistance, [email protected]. www.dcpcmt.com. ATTORNEY SUPPORT/RESEARCH/ credit restructure, expert witness, 406-899-0522. WRITING preparation and/or evaluation of CONTRACT ATTORNEY available borrowers’ and lenders’ positions. EVICTIONS Expert testimony provided for for hire to assist your firm with brief EVICTIONS LAWYER: We do writing, legal research, document depositions and trials. Attorney hundreds of evictions statewide. review, and court appearances. references provided upon request. Send your landlord clients to us. We’ll Strong research/writing skills, former Michael F. Richards, Bozeman respect your “ownership” of their UM Law graduate on National Moot MT 406-581-8797; mike@ other business. Call for prices. HH Court and Montana Law Review, mrichardsconsulting.com. Evictions, Inc., 406-549-9611, trevor@ and professional experience at a montanaevictions.com. See website Missoula law firm. Contact me at at www.montanaevictions.com

WWW.MONTANABAR.ORG OCTOBER2020 31 State Bar of Montana P.O. Box 577 Helena MT 59624