Multnomah April 2017 Volume 63, Number 4 Est

April 2017 Lawyers associated for justice, service, professionalism, education and leadership for our members and our community Multnomah April 2017 Volume 63, Number 4 Est. 1906 Lawyer Fixing a Hole: mba CLE The New To register for a CLE, please see below or go to www.mbabar.org Courthouse is and log in as a member to register Becoming a at the member rate. Reality APRIL 4.12 Wednesday by Thomas C. Sand Taking Some Sticks from the MBA President Property Rights Bundle Laurie Hager Have you seen the giant hole in the ground at the west end of the Hawthorne Bridge? To me, it is a beautiful sight. It means that 4.13 Thursday the process of building a new central courthouse has begun. It is Business Valuations & Financial Forensics: becoming a reality at last. New courthouse rendering Don’t get me wrong: I love the original courthouse at Fourth and Why & How Main. I tried my first case there nearly 40 years ago. Little did I know, priority for the county, and Deborah Kafoury, Chair of the Board of Darrell Dorrell at that time, that discussions had already begun about replacing the County Commissioners, Presiding Judge Nan Waller, and Trial Court Gregory Gadawski courthouse. Even then, it was unsafe and outdated. Administrator Barb Marcille have been actively working to secure the Julie Vacura Built more than a century ago, the central courthouse comes funding requests. Please reach out to your legislative representatives nowhere near meeting current seismic codes. Its unreinforced and encourage your clients and friends to do the same by mail, email, 4.19 Wednesday masonry walls mean that the courthouse has a safety ranking of or telephone or in person to reinforce the need to complete funding Appellate Practice: What Every “poor.” Space limitations also create regular safety concerns for court of this crucial project. Trial Attorney Needs to Know personnel, crime victims, witnesses, and the general public because Additionally, please add your thanks to the gratitude expressed Shenoa Payne in-custody criminal defendants in shackles share the public pathways. previously by the MBA to the many leaders who have helped get Julene M. Quinn There are many other functional us this far. They include Multnomah County Commission Chair difficulties, including the lack of a The new courthouse... Deborah Kafoury, Commissioner Judy Shiprack, House Majority 4.20 Thursday secure vehicle pickup and drop-off will be 17 stories Leader Jennifer Williamson, Senator Richard Devlin, Senate What Every Lawyer Should area for individuals in custody. And high and include 44 President Peter Courtney, and House Speaker Tina Kotek. We also Know About Driving Under the the building certainly cannot comply courtrooms.... owe a huge thank you to Presiding Judge Nan Waller and Judge Eric Influence Intoxicant Cases with the standards of the Americans Dahlin for their tireless efforts on behalf of our new courthouse. David Eder with Disabilities Act. This is not to mention the fact that the county’s In the meantime, you can visit the project website at Mae Lee Browning population has tripled since the original central courthouse was www.multco.us/central-courthouse for updated information on the constructed. Nearly 100,000 citizens per year receive a jury summons status of the project, answers to frequently asked questions, and a compelling them to appear in our courthouse in addition to the very cool animated video that shows the four-year construction MAY hundreds of courthouse staff members, judges, and lawyers who work sequence in one minute. there every day. Building the new courthouse is one of the top three priorities of 5.2 Tuesday The new courthouse design is extraordinary. The building will your MBA board, and we intend to do everything we can to help see How Jurors REALLY Think: A be 17 stories high and include 44 courtrooms and multiple private it through to completion. For me, the next time I hear The Beatles Live Focus Group Evaluates a meeting rooms for lawyers to confer with clients and witnesses. song “Fixing a Hole,” an entirely different image will come to my Personal Injury Case There will finally be adequate space for CourtCare. The courtrooms mind than the first time I heard it in 1967. Let’s work together to fill Jeffrey Boyd will meet the technology needs of 21st century litigation. And the in the hole with a safe, efficient, functional, and beautiful courthouse courthouse will be energy efficient. The entire building will be that will stand as a beacon for justice to the entire community. 5.3 Wednesday powered by solar panels and radiant heat with enough left over to Bond and Lien Law in Oregon raise and lower the Hawthorne Bridge. William Fig Of course, this project isn’t cheap. Currently, estimates are that Multnomah Bar Association it will cost approximately $300 million. This is where we need your 5.23 Tuesday help. Budget hearings are just underway in the legislature for the Annual Meeting, Annual Probate Update Oregon Judicial Department. As all of you have no doubt heard, a Dinner & Judges Reception Judge Robert Herndon $1.8 billion shortfall is projected for the state’s budget. The county Judge Katherine Tennyson has already committed a significant portion of its matching share of Judge Janelle Wipper the project cost, and the legislature has shown a strong commitment Tuesday, May 16 Sibylle Baer to the project. The chief justice, in OJD’s budget, is requesting 5-8 p.m. that the legislature approve bond funding in the amount of $92.6 Portland Marriott Downtown Waterfront 5.30 Tuesday million for construction of the courthouse as well as $8.9 million 1401 SW Naito Parkway Litigating in the Public Eye for technology and fixtures that need to be wired into the building Stephen English during construction. The new courthouse is the top legislative Celebrating the profession and Liz Fuller recognizing our colleagues Lisa Ludwig Jeff Manning

MULTNOMAH BAR ASSOCIATION Professionalism Award Recipient PRSRT STD Jane Paulson 620 SW FIFTH AVE., SUITE 1220 U.S. POSTAGE In This Issue PORTLAND, OREGON 97204 MBA Diversity Award PAID Aruna A. Masih Calendar �� 2 Announcements �� 6 PORTLAND, OR MBA Awards of Merit Ethics Focus �� 7 PERMIT NO. 00082 Around the Bar �� 8 Heather W. Decker • Emilee S. Preble News from the Courthouse ��10 Tips from the Bench ��10 YLS Award of Merit Profile: Judge Meagan Flynn �� 11 Jason Pierson YLS ��12 Member Resource Center ��14 The Corner Office ��15 YLS Rookie of the Year Pro Bono Volunteers ��15 Kevin T. Stokes Classifieds ��16 MBF �� 20 Pro Bono Awards Amanda M. Bruen • Gwendolyn Griffith• Riley M. Makin Multnomah Bar Association 620 SW 5th Ave Suite 1220 Portland, Oregon 97204 Register by May 9. 503.222.3275 Invitations have been mailed separately. Fax 503.243.1881 www.mbabar.org

1 Multnomah Lawyer

The Solo & Small Firm Committee presents ENGAGEMENT AGREEMENTS Calendar APRIL 3 Wednesday MBA Board of Wednesday, April 12 East County Social RSVP to [email protected] Directors 12-1:30 p.m. 10 Monday President Hotel Monaco, 506 SW Washington, Portland May Multnomah Lawyer 4 Thursday Thomas C. Sand deadline YOUthFILM Screening President-Elect & Treasurer Andrew M. Schpak 12 Wednesday 10 Wednesday Registrants are encouraged to submit (redacted) Solo & Small Firm Workshop: June Multnomah Lawyer Secretary Engagement Agreements Amber A. Hollister copies of their engagement agreements prior to deadline the workshop, where the participants will discuss Past President a variety of potential options for utilizing best 13 Thursday 11 Thursday C. Robert Steringer Judicial Brown Bag CLE: practices in documenting your understandings and Solo & Small Firm Workshop: Pro Se Litigants Lawyer as Employer Directors agreements with potential clients, properly setting up RSVP to [email protected] Tyler J. Volm expectations, and ultimately paving the way for solo 15 Monday YLS President and small firm lawyers to worry about the things they 21 Friday Youth, Rights & Justice, C. Lane Borg should be worried about: practicing law. Featuring Professionalism Panel: The Justice Luncheon W. Todd Cleek solo attorney Robert Nunn, former business Practicing Diversity www.youthrightsjustice.org Rima I. Ghandour and litigation partner at Sussman Shank, Samuel 26 Wednesday 16 Tuesday Lissa K. Kaufman Kauffman, criminal defense attorney at Kauffman Administrative Professionals Steve D. Larson MBA Annual Meeting & Dinner Kilberg LLC, and Ben Cox, plaintiff’s personal injury Day www.mbabar.org Sarah Radcliffe and insurance litigation attorney, the workshop will Krista Shipsey bring together a broad spectrum of experience and Classroom Law Project Legal 18 Thursday Marshal P. Spector expertise from a range of subject areas and practice Citizen of the Year Award Tillicum Gathering Dinner and Benefit Ulanda L. Watkins www.mbabar.org backgrounds and team them with your solo and small www.classroomlaw.org Elizabeth E. Welch firm’s most important resource: you. 19 Friday MBA and YLS Committee Executive Director Lunch is provided. The MBA will apply for one hour MAY Guy Walden Volunteer Forms due of general CLE credit. www.mbabar.org Director, Events & Programs 1 Monday CourtCare Campaign begins Kathy Modie Cost: $20 members/$60 non-members. 29 Monday Office & Foundation Memorial Day Holiday Administrator Pamela Hubbs Member Services Administrator Ryan Mosier The Solo & Small Firm Committee presents Office Administrator Free online MBA CLE SHARE YOUR LATEST MOVES, Shannon West videosLawyer FOR MEMBERS as Employer: Key portland legal community MBF Board of Directors President Legal Obligations and Common Dana S. Scheele Vice President Pitfalls to avoid J. Matthew Donohue Secretary/Treasurer Thursday, May 11 Nicholas A. Kampars 12-1:30 p.m. Past President Hotel Monaco, 506 SW Washington, Portland Amy L. Angel

Directors LearnMBA aboutmembers common receive pitfallsaccess to that a rotating small selectionfirms and of solo Hon. Cheryl A. Albrecht As a free service to our members, the Around the Bar practitionersfree, MCLE-accredited face when webcast they bring recordings staff ofor pastattorneys CLE Tyler E. Anderson seminars. Watch the currently-offered CLE on your column of the Multnomah Lawyer newsletter is the way on to help. Ask burning questions based upon Sarah H. Bond computer, tablet or phone in three easy steps: to share with colleagues your transitions, promotions situations that you’ve encountered in your practice. Holly L. Johnston 1. Visit www.mbabar.org and log in using your email and other honors within the profession. All MBA Iayesha Smith, solo practitioner, and Alex Trauman Susan D. Marmaduke and password members are invited to participate. of Motschenbacher & Blattner, both of whom advise Mary Jo N. Miller 2. Click on “Members Center” under the small business and represent both employees and Timothy J. Resch “Membership” menu Submissions (including text and a photo) can be sent employers in employment disputes, will lead the Julie R. Vacura 3. Click the “Watch Now” link to [email protected]. discussion and members are encouraged to share Jennifer S. Wagner challengesEncounter trouble that loggingthey’ve in? experienced when taking on Contact the MBA office at 503.222.3275 The MULTNOMAH LAWYER is the role of employer. published 11 times per year by the Multnomah Bar Association, Lunch is provided. The MBA will apply for one hour 620 SW Fifth Ave. Ste. 1220, of general CLE credit. Portland, OR 97204 Free online MBA CLE SHARE YOUR LATEST MOVES, 503.222.3275 Cost: $20 members/$60 non-members. Advertising is accepted; videos FOR MEMBERS portland legal community advertisers(ments) are not necessarily endorsed by the MBA. The editor reserves the right to reject any advertisement.

DEADLINE for copy: The 10th of the month* DEADLINE for ads: The 12th of the month* *or the preceding Friday, if on a weekend.

NEWSLETTER STAFF CONTACTS Editor: Guy Walden Advertising: Ryan Mosier Design: Cyrano Marketing Solutions

Copyright Multnomah Bar Association 2017 MBA members receive access to a rotating selection of free, MCLE- As a free service to our members, the Around the Bar accredited webcast recordings of past CLE seminars. Watch the column of the Multnomah Lawyer newsletter is the way currently-offered CLE on your computer, tablet or phone in three to share with colleagues your transitions, promotions easy steps: and other honors within the profession. All MBA 1. Visit www.mbabar.org and log in using your email and members are invited to participate. 2 www.mbabar.org password 2. Click on “Members Center” under the “Membership” menu Submissions (including text and a photo) can be sent 3. Click the “Watch Now” link to [email protected]. Encounter trouble logging in? Contact the MBA office at 503.222.3275

SHARE YOUR LATEST MOVES, portland legal community

Free online MBA CLE videos FOR MEMBERS

MBA members receive access to a rotating selection of free, MCLE- As a free service to our members, the Around the Bar accredited webcast recordings of past CLE seminars. Watch the currently-offered CLE on your computer, tablet or phone in three column of the Multnomah Lawyer newsletter is the way easy steps: to share with colleagues your transitions, promotions 1. Visit www.mbabar.org and log in using your email and and other honors within the profession. All MBA password members are invited to participate. 2. Click on “Members Center” under the “Membership” menu 3. Click the “Watch Now” link Submissions (including text and a photo) can be sent Encounter trouble logging in? to [email protected]. Contact the MBA office at 503.222.3275 April 2017

The MBA will apply for 2 hours of general OSB MCLE credits unless otherwise noted; 2 Washington credits may be obtained independently. Registrants who miss the seminar may request the written materials. Substitutions are welcome. Registration fees are non-refundable. Unless otherwise noted, all classes are held at the World Trade Center, CLE 26 SW Salmon, Portland. Taking Some Sticks from the Property Rights Bundle: Adverse How Jurors REALLY Think: A Live Focus Group Evaluates a Possession, Prescriptive Easements, and Other Real Property Personal Injury Case Encumbrances Tuesday, May 2, 2017 - 3-5 p.m. Wednesday, April 12, 2017 - 3-5 p.m. World Trade Center, Mezzanine World Trade Center, Mezzanine Members $75/Non-Members $120 Members $60/Non-Members $95 This class will be a live demonstration of a focus group in a car wreck personal Litigator Laurie Hager, a partner in Sussman Shank LLP’s Real Estate and injury case. Construction practice groups, will discuss Oregon law on hidden encumbrances Jeffrey Boyd, President of Boyd Trial Consulting, and a member of Nelson Boyd, that may impact real property rights. This presentation will focus on the PLLC, will present the evidence, arguments, and law to a group of “real” people – rules, historical developments, and recent case law on adverse possession non-lawyers who could be jurors someday. The goal is to get the jurors’ feedback and prescriptive easements. This class is a must-attend for transactional and on the many aspects of the case, so that the lawyers in attendance can see and litigation attorneys who represent developers or whose practices involve real hear how real people think about the issues in a typical case. The jurors will be property issues. presented with the facts and law of a typical car crash personal injury case. Hear For more information: Contact Kristen Hilton, Sussman Shank at 503.243.1654. and see how real people process and talk about the facts and the law. For registration questions, contact the MBA at 503.222.3275. Throughout the course of his career, Jeff has tried over 100 civil jury trials and has served as a trial consultant for over 19 years in hundreds of cases, including many throughout Oregon. Business Valuations & Financial Forensics: Why & How For more information: Contact Cynthia Newton, Thomas Coon Newton & Frost at Thursday, April 13, 2017 - 3-5 p.m. 503.228.5222. For registration questions, contact the MBA at 503.222.3275. World Trade Center, Plaza Room Members $60/Non-Members $95 Valuations and financial statements “confess” their reliability to anyone Bond and Lien Law in Oregon who knows how to ask the right questions. This CLE will cover the tools and Wednesday, May 3, 2017 - 3-5 p.m. techniques essential for financial records analysis. Join Julie Vacura, Larkins World Trade Center, Mezzanine Vacura Kayser and Gregory Gadowski and Darrell Dorrell, CPAs and Members $60/Non-Members $95 principals of Financial Forensics for this informative class. Join us for a primer on Oregon bond and lien law, with a brief comparison of For more information: Contact Bridget Donegan, Larkins Vacura Kayser LLP at Oregon to Washington. William Fig, Sussman Shank, is presenting this class 503.542.3107 54. For registration questions, contact the MBA at 503.222.3275. intended for attorneys who practice in the areas of construction and real estate. For more information: Contact Kristen Hilton, Sussman Shank at 503.243.1654. For registration questions, contact the MBA at 503.222.3275. Appellate Practice: What Every Trial Attorney Needs to Know Wednesday, April 19, 2017 - 2:30-4:30 p.m. World Trade Center, Mezzanine Members $60/Non-Members $95 Annual Probate Update Tuesday, May 23, 2017 - 3-5 p.m. This seminar will cover appellate practice tips, tricks and pitfalls that trial World Trade Center, Auditorium attorneys should consider in their pre-appeal and appellate practice. This Members $60/Non-Members $95 seminar will address considerations in whether to appeal, preserving issues for The MBA presents the 2017 Annual Probate Update, featuring Judge Janelle appeal, working with co-counsel and when to retain appellate counsel, briefing, Wipper, Washington County; Judge Robert Herndon, Clackamas County; Judge spotting procedural problems with the other side’s appellate arguments, and Katherine Tennyson, Multnomah County County; and Sibylle Baer, Cartwright preparing for and conducting oral argument. It will cover appellate practice Baer Johansson PC. Ms. Baer will provide an update of recent case law and in multiple forums and differences a practitioner may encounter. The speakers legislation. The judges and staff will discuss current practices and procedures in the will field questions related to appellate practice and procedure. Shenoa metro area. This CLE is a must for all probate practitioners and/or their staff. Payne, Attorney at Law, provides general civil litigation and appellate practice consultation for trial attorneys, helping to navigate the complex legal issues in For more information: Contact Mindy Stannard, McKean Smith at 503.567.7967. all stages of the case, from pre-filing, motions practice, preservation of issues for For registration questions, contact the MBA at 503.222.3275. appeal, trial motions and support, and attorney fee petitions. Julene M. Quinn, of Julene M Quinn LLC, specializes in appellate practice. For more information: Contact Jovanna Patrick, Hollander Lebenbaum & Gannicott at 503.222.2408. For registration questions, contact the MBA at Litigating in the Public Eye 503.222.3275. Tuesday, May 30, 2017 - 3-5 p.m. World Trade Center, Mezzanine Members $60/Non-Members $95 Welcome to the new world of instant news...worthy or not. When our cases end What Every Lawyer Should Know About Driving Under the up attracting media attention (whether we want them to or not), attorneys need to Influence Intoxicant Cases know how to deal with media and public relations issues. Join attorneys Stephen Thursday, April 20, 2017 - 3-5 p.m. English, Perkins Coie and Lisa Ludwig, Ludwig Runstein LLC, public relations World Trade Center, Plaza Room professional Liz Fuller of Gard Communications, and Oregonian reporter Jeff Members $60/Non-Members $95 Manning to discuss responding to public attention in ways that protect and advance our clients’ interests. Presenters David Eder, Thuemmel Uhle & Eder andMae Lee Browning, Cohen & Browning will cover the DUII investigative procedure for alcohol and drugs. For more information: Contact Kevin Sali, Kevin Sali LLC at 503.329.3598. For Additionally, the course will focus on what to say if you get a phone call in the registration questions, contact the MBA at 503.222.3275. middle of the night asking for legal advice from someone arrested for a DUII, important timelines and great information for anyone who might have a drink and then get behind the wheel. For more information: Contact Karen Thompson, Attorney at Law at 971.340.0963. For registration questions, contact the MBA at 503.222.3275. CLE BOGO The MBA is pleased to announce its buy-one-get-one CLE policy for participants To register for these classes, see page 4. in the MBA and OSB mentor programs.

OSB and MBA mentors: When you register for an MBA CLE, you can register your mentee to attend with you for free.

Contact Shannon West at [email protected] or 503.222.3275 to add your mentee to the registration list.

3 Multnomah Lawyer

Clackamas and Washington County Court Updates Visual Presentations in the Courtroom: How to Use the Simplicity Wednesday, May 31, 2017 - 3-5 p.m. of an iPad to Transform How You Try Cases World Trade Center, Mezzanine Tuesday, June 13, 2017 - 3-5 p.m. Members $60/Non-Members $95 World Trade Center, Flags Room The MBA CLE Committee presents a two-hour CLE focusing on Clackamas Members $60/Non-Members $95 and Washington County court updates. This CLE is designed for all attorneys The iPad has revolutionized the practice of law for those attorneys willing and will provide information and forms for navigating the Clackamas and to discover its vast potential, not only for use in trial but also for improving Washington County Courts. productivity in the office, at home, and on the road. This two-hour presentation Our panel includes Clackamas County Presiding Judge Robert Herndon will show how the following four key apps can be used in the courtroom: and Washington County Presiding Judge Charlie Bailey. This CLE will • Keynote, the ideal app for opening statements and closing arguments assist the practitioner in adjusting to court procedures outside of Multnomah • TrialPad, an extremely easy-to-use app for presenting exhibits to a jury County, including court organization, filing and serving documents, general • DocumentPad, a handy app that allows simultaneous word searches of multiple calendaring, routine motion practice and scheduling and obtaining court records assistance with trial and pleading issues. • TranscriptPad, an extremely useful app that allows you to create “issue codes” The CLE will also provide attendees with updates to both Washington and for depositions or “daily transcripts,” and to do simultaneous word searches of Clackamas County court practices. Printed materials and online resources multiple transcripts will be available to provide further assistance to attorneys who may practice in The simplicity of the iPad and of these apps now make it possible for any attorney either or both of these counties. to organize and present information in an electronic format, with no additional For more information: Contact Terry Wright, Willamette College of Law at costs or payments to outside vendors. In addition, this presentation will explore the 503.375.5431. For registration questions, contact the MBA at 503.222.3275. emerging science of visual communications. This two-hour presentation will be led by attorney Kelly L. Andersen, of Medford, who speaks on this topic regularly. Mr. Andersen has been practicing law in Early Dispute Resolution for Business Lawyers Oregon since 1979. In 2014 the Oregon Trial Lawyers Association named Mr. Thursday, June 1, 2017 - 3-5 p.m. Andersen its Distinguished Trial Lawyer of the Year. World Trade Center, Mezzanine For more information: Call Kyle Dukelow, Law Office of Kyle B. Dukelow at Members $60/Non-Members $95 503.288.1992. For registration questions, contact the MBA at 503.222.3275. Learn strategies to effectively and efficiently resolve business disputes before costly litigation is the only choice. Shannon Armstrong, shareholder at Markowitz Herbold, and Nicholas Henderson, partner at Motschenbacher & Blattner LLP, will discuss how to conduct an early dispute assessment, how to prepare and respond effectively to demand letters, negotiation techniques, pre- litigation strategies, recognizing when to involve a litigator, and how to work effectively with litigation counsel. For more information: Contact Jovanna Patrick, Hollander Lebenbaum & Gannicott at 503.222.2408. For registration questions, contact the MBA at 503.222.3275.

Photocopy, complete and mail or fax the registration form with payment to the MBA to reserve your space. Self-study materials from past CLE classes may be downloaded at www.mbabar.org.

Seminar Selection: CLE Registration Form Please select the seminar(s) you wish to attend. Written materials for each class are included with registration. Pre-registration with payment is required to reserve a space; at-the-door registrations are accepted if space is available. NAME ACCOUNT NUMBER

4/12 Taking Some Sticks from the Property Rights Bundle: Adverse FIRM EXPIRATION DATE AND SECURITY CODE Possession, Prescriptive Easements, and Other Real Property Encumbrances o Class Registration ($60 Members/$95 Non) ...... $______ADDRESS SIGNATURE o CD-ROM & Written Materials ($60 Members/$95 Non) . $______4/13 Business Valuations & Financial Forensics: Why & How CITY STATE ZIP BILLING ADDRESS FOR CARD (if different) o Class Registration ($60 Members/$95 Non) ...... $______o CD-ROM & Written Materials ($60 Members/$95 Non) . $______

PHONE 4/19 Appellate Practice: What Every Trial Attorney Needs to Know o Class Registration ($60 Members/$95 Non) ...... $______o CD-ROM & Written Materials ($60 Members/$95 Non) . $______OSB# 4/20 What Every Lawyer Should Know About Driving Under the Influence Intoxicant Cases Member Status: Payment Options: o Class Registration ($60 Members/$95 Non) ...... $______o CD-ROM & Written Materials ($60 Members/$95 Non) . $______o MBA Member o Check o VISA o MasterCard 5/2 How Jurors REALLY Think: A Live Focus Group Evaluates a o Non–Member o American Express Personal Injury Case o Class Registration ($75 Members/$120 Non) ...... $______o CD-ROM & Written Materials ($75 Members/$120 Non) .$______Registration forms with payment must be received in the MBA office by 3 p.m. the day before the seminar. 5/3 Bond and Lien Law in Oregon Registration forms may be mailed or faxed to the address or number below. Accommodations available for o Class Registration ($60 Members/$95 Non) ...... $______o persons with disabilities; please call in advance for arrangements. CD-ROM & Written Materials ($60 Members/$95 Non) . $______5/23 Annual Probate Update o Class Registration ($60 Members/$95 Non) ...... $______Photocopy registration and mail or fax with payment to: o CD-ROM & Written Materials ($60 Members/$95 Non) . $______Multnomah Bar Association 5/30 Litigating in the Public Eye n 620 SW Fifth Ave., Suite 1220 Portland, OR 97204 o Class Registration ($60 Members/$95 Non) ...... $______503.222.3275 n Fax to: 503.243.1881 o CD-ROM & Written Materials ($60 Members/$95 Non) . $______5/31 Clackamas and Washington County Court Updates Register online and order or download MBA self-study materials at www.mbabar.org. o Class Registration ($60 Members/$95 Non) ...... $______Reduced fees for unemployed members are available and are assessed on a case-by-case basis. o CD-ROM & Written Materials ($60 Members/$95 Non) . $______For details, call the MBA at 503.222.3275. 6/1 Early Dispute Resolution for Business Lawyers o Class Registration ($60 Members/$95 Non) ...... $______o CD-ROM & Written Materials ($60 Members/$95 Non) . $______6/13 Visual Presentations in the Courtroom o Class Registration ($60 Members/$95 Non) ...... $______o CD-ROM & Written Materials ($60 Members/$95 Non) . $______

Total due ...... $______

4 www.mbabar.org April 2017

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5 Multnomah Lawyer mba ANNOUNCEMENTS

MBA Bar Fellows Program Seeking Corporate and Law Firm Sponsors The MBA is seeking corporate and law firm sponsors for its new Bar Fellows Program, which will increase the diversity of the legal community in Multnomah County by supporting a group of diverse University of Oregon and Lewis & Clark law students. As Multnomah Bar Fellows, the students will receive financial support, mentoring, and summer internship opportunities. The program’s goal is to foster a new generation of excellent lawyers who will enhance the diversity of our legal community. Learn more at www.mbabar.org or contact Emily Teplin Fox ([email protected], 503.473.8314). Respond by May 1 with your interest in this program.

Free CLE Webcast for MBA Members The video webcast of the seminar “Representing Incapacitated Solo/Small Firm: Clients” is available in the Members Center at www.mbabar.org. Implement programs and The webcast is approved for one hour of ethics and one hour of Get Involved in the MBA services that are of value to small general OSB MCLE credit. firms and solo practitioners. MBA members receive access to a rotating selection of six Consider Volunteering for an different CLE seminars each year - a $360 value. MBA or YLS Committee VLP Golf: Take a Matter that Matters Plan and conduct the MBA Please see the form in this issue Equality & Diversity: Championship and at least one Sign the MBA Pro Bono pledge at www.mbabar.org/about-us/ of the Multnomah Lawyer and at Foster and expand diversity, additional golf event, which pro-bono.html and commit to taking at least one pro bono case www.mbabar.org to volunteer for inclusion and equality in the benefit the Volunteer Lawyers this year. a committee. MBA and Multnomah County Project at LASO. legal community and create Statement of Diversity Principles Available to Sign Volunteering Rewards and strengthen a relationship Descriptions for YLS The MBA Equality & Diversity Committee invites you to Meeting new people and of mutual support between Committees sign the Statement of Diversity Principles. Read and sign the expanding perspectives are two the MBA and diverse bar diversity statement and pledge at www.mbabar.org/about-us/ of the reasons members cite for organizations. The committee YLS CLE: diversity.html. serving on committees. When you also administers the LSAT Prep Organize 27+ MCLE-accredited join a committee, you become part Course Scholarship and the Noon Time Rides seminars, with content intended of a team of your colleagues. As Diversity Award screening and specifically for newer attorneys. Short fast rides with hills. Meet at SW corner of Pioneer you contribute to the work of the selection process. Provide additional professional Courthouse Square (Yamhill & Broadway) between noon committee, you also learn from and career development and 12:10 p.m., Monday and Thursday. Contact: Ray Thomas other members. Together, our Events: Plan social and seminars for the YLS 503.228.5222 with questions, or meet at start. volunteers provide valuable service networking events, including membership. to the legal community. Most fundraising events. committees meet once a month YLS Membership: from September through May, for Judicial Screening: Assist in recruitment and one hour. Review applications of pro involvement of MBA young lawyer tem and judicial appointment members, to improve member Free Event Publicity Descriptions for MBA candidates confidentially, and participation in the YLS, and to Committees report recommendations as organize a variety of networking The MBA website includes a unique feature: called for by the MBA Board- activities for YLS members. CLE: the ability for law-related organizations and approved process. Plan, conduct and evaluate 35 YLS Pro Bono: nonprofits to add their social events to the MBA to 40 CLE seminars, focusing Membership: Provide leadership and online calendar. on members’ primary areas of Create and promote programs professional development The MBA offers other organizations the ability practice. that benefit and support MBA opportunities for young lawyers members. in pro bono work. Administer the to access our online calendar in order to provide Court Liaison: local Wills for Heroes Foundation one site where all law-related events can be listed Foster constructive dialogue with Professionalism: clinic, providing estate planning to help prevent conflicts. the Multnomah County Circuit Promote principles of services to first responders. Court presiding judge and court professionalism within the Please consider adding your social events to administrator with regard to Multnomah County bar, through YLS Service to the Public: the MBA online calendar at the following link: current practices, or to rules or the Corner Office column, Provide programs to engage http://mbabar.org/Calendar/SubmitAnEvent. procedural changes before they Professionalism Statement, mentor young lawyers in community html. Or, you may contact the MBA at are implemented by the court. program and professionalism outreach activities that educate [email protected] to add your training programs. The the public about the legal system, CourtCare: committee also administers the item to the calendar. the positive role of attorneys in This Multnomah Bar Foundation Professionalism Award screening society, and the legal resources committee conducts a and selection process. available to the community. fundraising campaign for the CourtCare program, which provides free childcare in the downtown and East County courthouses.

MEMBER BENEFIT LawPay Access to low-fee merchant credit card services. Minimum contract period for MasterCard and Visa services are waived.

6 www.mbabar.org April 2017

proceeding against them the lawyer can challenge the regardless of the eventual outcome: imposition of identical discipline Ethics Focus “A lawyer admitted to in Washington. The challenge practice in this state shall, can be based either on the lack Reciprocal within 30 days after receiving of procedural due process in notice thereof, report in the other jurisdiction or that Discipline writing to the disciplinary a different outcome would be North and counsel of the Oregon State appropriate under Washington Creative Bar the commencement standards. Although the Supreme Approaches South of the against the lawyer of any Court has the option to refer the to Complex disciplinary proceeding in matter for further proceedings Columbia any other jurisdiction.” or a hearing, the most common Problems By contrast, Washington Rule outcome is a decision on the by Mark J. Fucile © for the Enforcement of Lawyer existing paper record. • Best Lawyers in America Fucile & Reising LLP every year since 2006 Conduct 9.2(a) requires WSBA Absent the unusual circumstance of a due process • Oregon Super Lawyers© members to report at the end every year since 2005 challenge and an accompanying of any disciplinary proceeding • Oregon Mediation “Lawyer of against them but only if they hearing on that issue, the facts the Year,” Best Lawyers® underlying the discipline in have been sanctioned: • National Association of “Within 30 days of being the first venue may not be re- Distinguished Neutrals© publicly disciplined . . . a litigated in either state under, 503-222-5949 lawyer admitted to practice respectively, Oregon BR 3.5(b) www.Susan-Hammer.com in this state must inform and Washington ELC 9.2(f). disciplinary counsel of the Although the most common discipline[.]” ...the facts underlying the discipline in the first venue Mechanics may not be re-litigated in Reciprocal discipline procedure is either state.... governed, respectively, by Oregon Many Oregon and Washington Bar Rule of Procedure 3.5 and scenario in both states is to RICHARD G. SPIER lawyers today are licensed in Washington ELC 9.2. The former impose the same discipline as MEDIATOR both states. The relative ease of is available on the OSB website the first jurisdiction, both the cross-border admission provides and the latter is posted on the Oregon and Washington rules an opportunity for lawyers to Washington courts’ website. contemplate exceptions. As the practice seamlessly on both sides In Oregon, when discipline Oregon Supreme Court put it in of the Columbia. At the same has been imposed in another In re Lopez, 350 Or 192, 198, 252 time, the increase in cross-border jurisdiction against an Oregon P3d 312 (2011): admission has also increased the lawyer, the OSB Disciplinary “In reciprocal discipline cases, frequency of reciprocal discipline. Counsel notifies both the State this court has an independent Under their respective versions Professional Responsibility obligation to determine of RPC 8.5(a), the disciplinary Board and the Supreme the sanction merited by a authority of the Oregon and Court. The Bar then files the lawyer’s violation of this Washington Supreme Courts disciplinary sanction from the state’s professional rules. . . extends to licensee conduct As a factual matter, this court Highly experienced–full-time neutral since 1992 other state with the Supreme n wherever it occurs. This is by Court along with the SPRB’s frequently has found that Business & commercial; personal injury; no means novel - with both recommendation for discipline the sanction that another professional liability; employment; estates & trusts; the Oregon and Washington in Oregon. The lawyer has the jurisdiction has imposed formulations of RPC 8.5(a) is sufficient to vindicate real estate & construction right to contest the imposition n patterned on their ABA Model of reciprocal discipline, but that Oregon’s interests. We are, Listed in Best Lawyers in America® (Portland Lawyer of the Rule counterpart. right is tightly circumscribed however, free to impose a different sanction, if Year for Mediation, 2014 and 2016) and in Super Lawyers Oregon RPC 8.1(b) requires to two questions: (a) was the lawyer afforded notice and appropriate, and on occasion OSB members to report have done so.” 503-284-2511 at the beginning of any the opportunity to be heard Fax 503-284-2519 disciplinary proceeding in the other jurisdiction? and The Oregon Supreme Court (b) should the Supreme Court has, for example, on occasion [email protected] www.spier-mediate.com against them.... 2536 N.E. 28th Avenue n Portland, Oregon 97212-4916 impose discipline in Oregon? increased the sanction (see, e.g., In this column, we’ll look at Under BR 3.5(e), the Supreme In re Page, 326 Or 572, 955 P2d two central facets of reciprocal Court has the discretion to: (a) 239 (1998) (30-day suspension discipline for lawyers practicing issue a decision based on the followed public reprimand in in Oregon and Washington. paper record; (b) order briefing Washington)) and on other First, we’ll survey the reporting and oral argument; or (c) refer occasions decreased the sanction Free online MBA CLE SHARE YOUR LATEST MOVES, requirements in each state. We’ll the case to the Disciplinary (see, e.g., In re Coggins, 338 then turn to the mechanics of Board for a hearing limited to Or 480, 111 P3d 1119 (2005)) videos FOR MEMBERS portland legal community reciprocal discipline in Oregon the two questions noted above. (Oregon Supreme Court declined and Washington. In Washington, when to impose reciprocal discipline discipline has been imposed in on a lawyer reprimanded by the Reporting another jurisdiction against a Tenth Circuit)). Although reciprocal discipline Washington lawyer, the WSBA Again in both states, the procedures in Oregon and Disciplinary Counsel files the disciplinary counsel are not Washington share many disciplinary sanction from the precluded from bringing direct common traits, there is one other state with the Supreme charges against the lawyer involved key area where they differ Court. The Supreme Court then rather than handling the conduct significantly: the timing of the issues an order to the lawyer at issue as a matter of reciprocal duty to report. involved to show cause why discipline under, respectively, BR Oregon RPC 8.1(b) requires the same discipline should not 3.5(j) in Oregon and In re Immelt, MBA members receive access to a rotating selection of OSB members to report at the be imposed in Washington. At 119 Wn2d 369, 831 P2d 736 free, MCLE-accredited webcast recordings of past CLE As a free service to our members, the Around the Bar beginning of any disciplinary that point, either the WSBA or (1992), in Washington. seminars. Watch the currently-offered CLE on your column of the Multnomah Lawyer newsletter is the way computer, tablet or phone in three easy steps: to share with colleagues your transitions, promotions 1. Visit www.mbabar.org and log in using your email and other honors within the profession. All MBA and password members are invited to participate. 2. Click on “Members Center” under the “Membership” menu Submissions (including text and a photo) can be sent 3. Click the “Watch Now” link to [email protected]. Encounter trouble logging in? Contact the MBA office at 503.222.3275

Free online MBA CLE SHARE YOUR LATEST MOVES, videos FOR MEMBERS portland legal community 7

MBA members receive access to a rotating selection of free, MCLE- As a free service to our members, the Around the Bar accredited webcast recordings of past CLE seminars. Watch the column of the Multnomah Lawyer newsletter is the way currently-offered CLE on your computer, tablet or phone in three to share with colleagues your transitions, promotions easy steps: and other honors within the profession. All MBA 1. Visit www.mbabar.org and log in using your email and members are invited to participate. password 2. Click on “Members Center” under the “Membership” menu Submissions (including text and a photo) can be sent 3. Click the “Watch Now” link to [email protected]. Encounter trouble logging in? Contact the MBA office at 503.222.3275

SHARE YOUR LATEST MOVES, portland legal community

Free online MBA CLE videos FOR MEMBERS

Around the Bar

Janna Giesbrecht-McKee Katherine O’Neil Steven Cade Katherine O’Neil has been Williams Kastner Greene & elected to the Board of Editors Markley of the ABA Journal, the flagship Williams Kastner Greene & publication of the American Bar Markley is pleased to announce Cynthia Fraser Jennifer Bragar Association. O’Neil has also been the addition of Steven Cade to the Garvey Schubert Barer and their supportive other appointed to the board of Literary Portland office. Cade will join the Garvey Schubert Barer owner gender allies. The local chapter Arts which produces Portland’s firm’s Business Litigation practice Cynthia Fraser has been elected offers networking opportunities Arts & Lectures, Wordstock, group. His practice focuses on the for a third term to the Project throughout the year, as well as Writers in the Schools, and the areas of construction law, products Lemonade Board. Cynthia is educational activities focused Oregon Book Awards. liability, transportation law, and a founding board member of on current events affecting the commercial litigation. Cade is a Project Lemonade, a nonprofit renewable energy sector, including proud veteran of the US Army, organization serving foster endangered species issues, a Infantry, having served three years youth. Since 2012, Project transmission series, and energy Chad Naso with the 101st Airborne Division. Lemonade has helped over 8,000 storage series. Bragar is a partner He is admitted to practice in foster youth by providing free at Tomasi Salyer Martin where she Oregon, the Ninth Circuit Court clothing, shoes and backpacks practices land use, environmental, of Appeals, and the US District for school. Fraser’s practice and real estate law. Court for the District of Oregon. focuses on eminent domain and He is a member of the Oregon property tax appeal litigation. Association of Defense Counsel, Additionally, she mediates and the Multnomah Bar Association arbitrates cases and serves on the and the Clackamas County Bar Multnomah County Arbitration Association. Commission. Max Forer

Cosgrave Vergeer Kester LLP Stephen Deatherage Max Forer has joined Cosgrave Vergeer Kester LLP as an associate Simpson joins the firm after in the firm’s business practice practicing business litigation at group. Prior to joining the firm, New Orleans firm Jones Walker. he served as a judicial extern for Andrew Narus She advises and represents U.S. District Court Judge John clients in commercial disputes, Acosta and Lane County Circuit Barran Liebman including shareholder and Court Judge Curtis Conover. Forer Barran Liebman is pleased to contract matters, business became a lawyer, after working in welcome Andrew Narus to tort claims, products liability, the private sector, to assist business the firm. Narus advises and professional negligence, and real owners with legal counsel to realize, Alysa Castro represents private and public Sam Fullhart estate litigation. grow and expand their enterprises. entities of all sizes and industries, Giesbrecht-McKee is a business Buchanan Angeli Altschul & Tonkon Torp including higher education litigator and will be an integral Sullivan LLP Tonkon Torp attorney Sam institutions, on a wide variety of part of the firm’s employment Alysa Castro has joined the Fullhart has been elected to the employment issues and litigation. practice. Before joining Markowitz employment law boutique Board of Directors for Youth, Narus’ experience includes Herbold, she clerked on the Buchanan Angeli Altschul & Rights & Justice (YRJ), a not- clerking for the Oregon Court of Oregon Court of Appeals for the Sullivan LLP as an associate. for-profit law firm that provides Appeals and serving as a Wayne Honorable Darleen Ortega and Castro came to the firm after children and families in Oregon Morse Summer Fellow for U.S. the Honorable Joel DeVore, where completing a judicial clerkship with legal representation and Senator Ron Wyden, where he she further honed her research with Justice Ariel Rodriguez advocacy in the courts, legislature, collaborated with senate staff and and writing skills, and advocated with the Supreme Court of New schools and community. Fullhart, interest groups on federal policy. before judges in the daily course Jersey. Castro also has several an associate in Tonkon Torp’s of work. years of experience practicing Business Department, supports Naso recently joined commercial and transactional the services YRJ provides to Markowitz Herbold from law in Pennsylvania, where children and youth in foster Washington D.C. where he Samantha Hazel she represented a diverse pool care who are abused, neglected worked as an Assistant Attorney of clients with a wide range of or in trouble; students who face General. He served as lead McKinley Irvin PLLC issues, including employment challenges at school; and parents attorney in dozens of complex Samantha Hazel has joined the matters and complex litigation. who need help keeping their lawsuits in state and federal Portland, Oregon family law office. families intact. courts, and represented the Hazel is a respected attorney in Tonkon Torp has a long the region’s family law community District as the first chair at jury The Around the Bar column history of attorneys providing with more than 15 years of diverse trials, oral arguments, mediations, reports on MBA members’ board and pro bono service experience in Portland. Her settlement conferences, and moves, transitions, promotions with YRJ. In addition, YRJ practice is focused on high asset evidentiary hearings. and other honors within the collaborates with Tonkon Torp divorce, high conflict divorce, Deatherage became a profession. The submission on the firm’s Changing Lives contested child custody, and Brittany Simpson volunteer for Boy Scouts in 2009 deadline is the 10th of the Forever (CLiF) program. domestic abuse issues. and has held various volunteer month preceding publication or Markowitz Herbold PC In addition to family law, positions during the course of the prior Friday if that date falls Tomasi Salyer Martin Portland business litigation Hazel has worked in medical his involvement. Presented by on a weekend. All submissions The Portland Chapter of the firm Markowitz Herbold PC malpractice law, personal injury the National Court of Honor are edited to fit column format Women of Wind Energy (WoWE) announced today that Brittany defense, medical research and on behalf of councils, the award and the information is used on elected Jennifer M. Bragar as Simpson and Janna Giesbrecht- health insurance policy, and recognizes volunteers who a space-available basis in the its 2016 President. WoWE is a McKee have joined the firm as a criminal prosecutor with have demonstrated exceptional order in which it was received. nationwide organization that as associates, Chad Naso has the Clackamas County District character and have provided Submissions may be emailed to supports women in the renewable joined the firm as Of Counsel, Attorney’s Office. She is a former distinguished service within [email protected]. energy sector - from wind and and Stephen Deatherage has a council. Recipients are President and Vice President solar to wave energy. The group received the Silver Beaver Award, nominated by adult peers and of the Clackamas County Bar is comprised of engineers, the highest honor a local Boy only one award is presented for Association. technicians, permitting experts, Scout council can bestow on a every 60 troops. lawyers, ecologists and biologists volunteer peer mentor.

8 www.mbabar.org April 2017

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WE ARE PLEASED TO INTRODUCE THE PLF’S NEW BLOG:

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Happy New Year! Learn about traditional and asset-based long term care plans for MBA members Mary Osborn, CLTC Call 503-998-5902 or email [email protected] for more information

9 Multnomah Lawyer

Tips From the Bench Helping the Judge Grant Your Motion by Judge Leslie Roberts Multnomah County Circuit Court

“No one is useless in this world who lightens the burdens of another.” - Charles Dickens

The very best tip for the litigator that I ever received, myself, I will Mult Co. Supplemental Local pass on: help the judge. Make Rule 6.015 requires court copies On a related note, the Court it easy to understand what you of documents for a motion or trial News from the Courthouse Liaison Committee’s April ask for and why to give it to you; to be delivered to the judge who 13 brown bag CLE will focus and when the judge has ruled, will preside on the matter. “A copy on litigating against pro se By William Larkins system. A great deal of work litigants. Kate von Ter Stegge make it easy to enter an order of a motion, brief, or memoranda Court Liaison Committee is being done collaboratively or judgment putting the ruling shall be submitted directly to will present the free workshop between all of the stakeholders with Chris Costantino, Samuels in effect. This maxim applies as the judge scheduled to hear the Presiding Judge’s Report and to the public safety system in an Yoelin Kantor, Judge Maureen well, to asking for a result from matter … designated ‘TRIAL Courthouse Update - Judge effort to evaluate where disparities McKnight, Multnomah County a jury, of course, but here, I want COURT COPY’….” Manifestly, Nan Waller are occurring and reduce all Circuit Court and Judge Stacie to focus on the ways in which the “trial court copy” is not racial and ethnic disparities. All you can help a judge. simply the filed copy in Odyssey. ICE Agents and the Courthouse Beckerman, US District Court. Judge Waller reported on court staff will be participating in To attend, RSVP to Pamela How you submit matters on Some judges prefer electronic trainings this spring on trauma Odyssey can make it easier for copies, emailed to them; others ICE activity in the Justice Hubbs, [email protected]. Center since the signing of the informed practices, which can the judge to promptly see that (like me, and probably the more improve equity in interactions the judge should sign your order. chronologically gifted of us) Presidential Executive Order Courthouse Update - JD on January 27.The court has no with all members of the public. Deschamps, Senior Project Also, of course, it helps your require paper. If you are omitting The court also continues to reputation as reliable, accurate, the court copy, you are in authority to prohibit ICE agents Manager, Multnomah County from coming into the courthouse explore ways to provide training and helpful to the bench. In the violation of the rules. You might and information to judges and JD Deschamps provided updates world of electronic filing, helping as well be snarling, “Oh go look it to apprehend individuals they on the rehabilitation of Jefferson are looking for, but is concerned staff on implicit bias. the judge resolve matters as up for yourself” at the judge. Not As part of the court’s Station and courthouse design. you have asked requires you to helpful, not endearing. It is the about the impact ICE agents in He noted that all of the new the courthouse is having on the Procedural Justice Initiative, the appreciate how the system looks opposite of making it easy on the court has adopted a pledge of buildings will orient toward from the judge’s point of view. court to do what you are asking. administration of justice the river, with the exception Since the Executive Order fairness and translated it into the Let us suppose you seek Remember that the judge six most highly used languages of Jefferson Station, which relief by motion of the sort is not a “filer” under the new was signed, the court has was PGE’s first generator received numerous phone in our community. The court will that requires a hearing. You electronic filing rules. See UTCR be undertaking another court- station and is on the National have successfully set the matter 21.030. Electronic service is calls and other inquiries from Historic Registry. Courtroom individuals who are afraid to wide procedural justice survey for hearing by notifying the effective as to a “filer” under this spring to provide feedback improvements will include such assigned motion judge and UTCR 21.100. Thus a document come to the courthouse because features as having the witness of the presence of ICE agents to staff and judges on the coordinating dates with the that statute requires to be served perceptions of courthouse users. box located across from the opposing party. See, Mult. Co. upon a judge, as in a mandamus and publicity about the greater jury, two wall-mounted video breadth of the new Executive Local Rule 5.015. You must proceeding, ORAP 11.05(d), can Trial Dockets screens, acoustic materials on Order as to who can be deported. provide trial court with bench be served conventionally only. Civil and major felony cases the walls and fully wired counsel copies of what the court needs Service on a judge by electronic The question arises as to how tables. The witness box will be to maintain confidence in the continue to get out to trial without to decide matters. This is not service is no service at all. If service the need to set over cases or place large enough to accommodate mere courtesy. It is a rule. For is required, as in mandamus, justice system when people are a translator next to the witness. afraid to come to court. The court them on standby because of the some reason, some lawyers failure to achieve it defeats the lack of judicial availability. The Sunlight studies were conducted assume that the mere fact that filer’s attempt to gain relief. is attempting to keep track of for proper window placement, ICE activity in the courthouses number of civil cases with at least the records are now online It is always a help to the one side being unrepresented pedestrian/traffic surveys have means they can make the judge court to comply with all the as well as track calls and emails been done, there will be four where concerns are expressed is growing. The court hopes to do the work of researching the applicable rules: procedural be able to provide better service courtrooms per floor and one foundations for their motions. rules established by statute or about coming to court because of every four will be fully ADA- of ICE. We cannot determine if to self-represented litigants so (UTCR 21.070(1) states that the court rule include the Oregon that they can navigate the justice compliant court “may require” a copy of the Rules of Civil Procedure, this has had an impact on the This session there is a request rate of defendants that fail to system by having facilitators and electronically filed documents. statutes of criminal procedure, navigators available as well as to the legislature for approval And indeed, Multnomah County the Uniform Trial Court Rules, appear. The court has been in of the $92.6 million in bond regular communication with ICE providing classes on basic court Circuit Court does so require. and the Multnomah County processes. The court will be funding as well as $8.9 million Mult. Co. SLR 6.015.) Supplemental Local Rules. These leadership and the US Attorney. for technology and equipment. The court held its last looking to the bar for assistance The court file online is simply rules change from time to time. with these efforts. Judge Dahlin is chairing the an electronic version of the old, The current Multnomah County Perceptions of Justice MBA Courthouse Committee. fat, brown paper files in the file Supplemental Local Rules came Community Listening Session room. Think of it that way. Like into effect on February 1 - that’s at the end of January. Although the old paper files, the court file right, only weeks ago! The a large Hispanic presence was online lacks a communicative current rules, up to date with all expected and the court was index. Documents appear simply modifications, are available on prepared with interpreters, no mba EVENT in chronological order with date the courts’ website, www.oregon. Hispanic community members of entry and a generic title: e.g., gov/multnomah. Read the rules. came to the event. MBA East County Social “order,” “motion,” “declaration.” Check them from time to time. Generally, each must be opened, Don’t guess what they say and Racial and Ethnic Disparity (Note: Change of Date) one by one, to learn what it is a don’t rely on distant memory. in the Justice System and Wednesday, May 3 motion for, or an order about, Your compliance helps the judge Procedural Justice Warren Allen LLP for instance. There may be - and helps you, too. The Portland Tribune is printing 850 NE 122nd Ave., Portland a series of articles about unequal page after page of documents. 4-5:30 p.m. Finding a particular motion, for justice and racial and ethnic instance, and the corresponding disparities in the criminal justice East County MBA members are invited to attend a opposition is in consequence system. The court believes that it social at the firm of Warren Allen LLP. Presiding Judge irksome, rather like an Easter egg is imperative to shine a spotlight Nan Waller will share a report on the courts. hunt with no chocolate. on any disparities in the justice Please RSVP to [email protected] if you plan to attend.

10 www.mbabar.org April 2017 The Honorable mba EVENT Meagan Flynn MBA Judicial Brown Bag CLE: Court of Appeals Judge So Your Opponent is Unrepresented? by Katharine von Ter Stegge Tips for Litigating Against Pro Se Court Liaison Committee Litigants in Civil and Family Law Cases Thursday, April 13 Judge Meagan Flynn of the an assault case to a jury and won. 12 p.m. Court of Appeals is pretty quiet The same week she also had a Multnomah County Courthouse for a former litigator, but when summary judgment argument in Courtroom 602 she speaks from the bench, and front of Judge Michael Marcus Judge Meagan Flynn 1021 SW 4th Ave., Portland in life, people listen intently to of the Multnomah County what she has to say. Judge Flynn Circuit Court, known for his Please join Judge Stacie Beckerman, US District Court, has been on the court since lively mind and the sometimes Judge Flynn reports that the Judge Maureen McKnight, Multnomah County Circuit November 2014 and has quickly lengthy and professorial debates best surprise for her in becoming Court, Chris Costantino, Samuels Yoelin Kantor LLP earned a reputation among both with lawyers in his courtroom a judge was how much she enjoys and Katharine von Ter Stegge, Multnomah County practitioners and fellow judges on each and every legal issue he and admires her colleagues. Attorney’s Office for a brown bag CLE on litigating as a hard worker and someone had to decide. Flynn realized that She reports that the biggest against pro se litigants. Pro se litigants are very with a keen intellect who is able while she could be celebrating challenge, which will surprise no common in the family law arena and increasingly to efficiently and elegantly cut to her big trial win, she had had one, is the volume of work on the common in the civil litigation world. the heart of a legal dispute. more fun talking law with Court of Appeals. With the help Bring your lunch and questions to the downtown Judge Flynn attended Judge Marcus and her opposing of law clerks and staff attorneys, Multnomah County Courthouse, Courtroom 602. There Willamette University and then counsel. She realized then that Judge Flynn and her colleagues is no charge to attend. the Gonzaga School of Law on the she could probably find more job are up to the challenge. After Thomas Moore Scholarship, a full satisfaction while still serving two years on the bench, Judge tuition scholarship recognizing clients in need if she focused her Flynn says she is now acutely Please RSVP to Pamela Hubbs, both academic excellence and practice solely on appellate work aware that the biggest challenge [email protected]. community service. Following and trial motions practice. Flynn for both the appellate and trial her graduation from law school, had the opportunity to explore courts in Oregon is continuing Judge Flynn clerked for both her career idea when the Pozzi to provide full access to justice Judge Robert Durham and Judge firm unexpectedly disbanded for Oregonians while faced with Rick Haselton on the Oregon while she was on maternity leave. limited resources. Court of Appeals. At the firm that eventually Judge Flynn lives in Northeast Judge Flynn loved appellate became Preston, Bunnell & Flynn, Portland with her husband and work as a law clerk, but found that where Flynn practiced from 1999 two high-school-aged daughters. Celebration Honoring her career took an unexpected until her appointment to the She reports that they like to but useful detour into litigation at bench, she developed a robust hike, take bike rides, and simply Michael Levelle Pozzi, Wilson Atchison, a personal appellate practice. She handled spend time together as a family. injury firm. As an associate at Pozzi, direct appeals and was hired She was a long-time volunteer On March 21, Miller Nash equity, and access to justice, and Flynn carried a high caseload of by the Oregon Trial Lawyers at Sunnyside Elementary, until Graham & Dunn hosted an concluded with an inspiring approximately 30 personal injury Association to pen numerous her younger daughter graduated event to honor and celebrate the message about the pursuit of lawsuits and roughly twice that amicus briefs. In addition to last June, and this year helped OSB’s first African-American progress in the legal field. With many workers’ compensation cases. her own appellate work, trial support her other daughter’s President, Michael Levelle. over 120 attendees, it was a As an appellate law clerk, Flynn lawyers often retained Flynn as a We the People team. Her best Michael made a compelling wonderful event that brought had approached cases academically, consultant to advise them on how advice to lawyers is to get out speech to the audience about together the community to show but at Pozzi she learned to connect to best create a useful record for there and meet other lawyers his contributions to inclusion, its support. with her injured clients so that she appeal in cases with important by volunteering for committees, could tell their stories effectively legal issues and to edit their through networking events, but also to reassure them that they appellate briefs. and by building good working could and would receive a fair result Judge Flynn loves her work on relationships with opposing from the justice system. Flynn had the Court of Appeals and finds counsel. Judge Flynn was 10 jury trials at Pozzi and learned her own background in litigation, surprised and grateful for the firsthand how challenging it is as as well as her appellate consulting amount of support she received in a trial lawyer to put on a good work with trial lawyers, useful her bid for the Court of Appeals case while also being mindful to on the bench. Familiar as she is from lawyers she primarily knew create a good record, all while with the demands of trial work, through volunteer activities and being prepared for every possible Judge Flynn understands why social events. Judge Flynn is a contingency if something doesn’t the record before her may not be terrific fan of the professional and go according to plan. perfect or how trial lawyers make collegial legal community we have Flynn remembers the week informed and intelligent decisions here in Oregon. she became an appellate lawyer that can and do turn out to have for good. That week she had tried unintended consequences.

Michael Levelle addresses the audience

Michael Levelle concluded his speech with an inspiring message about the progress in the legal field Several event attendees gather with Michael Levelle for a photo

11 Multnomah Lawyer YLS Board Officers for 2017-18 Terms Begin June 1

2016-17 Scholar, and Vice Chair What is the YLS? of the Labor and Employment An inclusive section of the bar, which includes Committee. any MBA member in practice less than six years or under the age of 36. The YLS provides leadership, networking, professional development and service opportunities. And we have fun! Brad Krupicka YLS Treasurer is Brad Krupicka, of Lindsay Hart LLP, where he specializes in civil Ask the Expert litigation. He joined the YLS Board in 2016 and currently Dear Expert: there will be fewer opportunities Shayda Zaerpoor Le acts as YLS Board Liaison to the Service to the Public Committee. I am a newer lawyer still trying to see this work as you get YLS President-Elect is Shayda Brad’s MBA involvement to learn the ins and outs of wrapped up in your own practice Zaerpoor Le, of Barran Liebman began in 2011, when he joined practicing law. As part of that and the demands of life and LLP, where she practices in Holly Hayman and later chaired the MBA process, I spend a lot of time work. And most attorneys are the area of management-side Membership Committee. Since reviewing or observing the more than happy to show you employment law advice and YLS Secretary is Holly that time, Brad has participated work of other, more experienced the ropes. litigation. She is currently the Hayman, of Leonard Law Group, on the MBA Court Funding lawyers. And that has been Also, as you start your career, YLS Board Delegate to the who practices in commercial Committee and acted as the YLS helpful and worthwhile, except do not worry too much about American Bar Association as bankruptcy and business law. Liaison to the LASO/OLC/MBA that those activities are not always your billable hours. Try and focus well as the YLS Board Secretary. Holly is the current YLS Board Pro Bono Committee. He served billable. With only so many hours on both doing a good job on Shayda joined the YLS Treasurer and also serves as the on and later chaired the YLS Pro in a day, do you have any advice the tasks you are assigned and Membership Committee in YLS Board Liaison to the MBA Bono Committee. for balancing needed self-training learning as much as possible. 2013, served as chair of the Professionalism Committee. Brad is a member of the with billable hour expectations? I encourage you to ask your partners, more senior associates, YLS Entrepreneur Committee Holly graduated from the CEJ Associates Committee, -Out of Time or other attorneys you meet to in 2014-15, and volunteered U of O School of Law and was the Lewis & Clark Law School let you know when an interesting with the YLS Wills for Heroes admitted to the OSB in 2011. Alumni Board, the American Dear Out of Time: hearing, deposition, or other program. She was elected to the She joined the YLS Membership Constitution Society Board, and YLS Board in 2015. Committee in 2011, and Tick tock! Tick tock! Who’s afraid event is going on so you can has also served as the Publication Shayda is also a Co-Chair of later served as chair of that of that little old clock?! As long observe. There will be plenty of Liaison for the OADC the Campaign for Equal Justice committee. She joined the YLS as the billable hour has been in years ahead with more arduous Construction Defect Practice (CEJ) Associates Committee, Board in 2015. existence, it has been the bane billable hours to look forward to. Group. He was also one of the the President of the Board of Holly volunteers her time with of associates (and partners). It is Most firms have the same billable founders of the Multnomah Directors of Andisheh Center the Legal Aid Services of Oregon a constant struggle to both keep hour requirement for a first year County Circuit Court Volunteer for Iranian Cultural Heritage, Bankruptcy Clinic, and serves on up with the billable expectations associate as a third or fourth year Researchers Program, the MBA and is active with the ABA the CEJ Associates Committee. and begin the transition from associate but know the first year Battle of the Lawyer Bands, and Young Lawyers Division, serving She is a member of the OSB law school to practice. associate may not make their the YLS Pro Bono Pour. as District Representative for Debtor-Creditor Section as well as My best advice is to not hours. Be sure to check with Oregon and Washington, a Oregon Women Lawyers. shortchange yourself on taking your managers; it is common for those opportunities when you attorneys to be down 100 to 200 are just starting to practice to hours in the first years of practice. observe more seasoned attorneys Further, do not be afraid to show their craft. To the extent ask for the written examples of you can, go and observe those other attorneys’ work as you attorneys in action or review are starting out. None of the On February 25, YLS families the more experienced attorneys’ work you will be doing as a new Children’s Museum attended a private event at the examples. These are the most associate is work that your firm Portland Children’s Museum important and formative times and colleagues have not done Event Recap for the MBA YLS Membership for you to create best practices. before. There should be plenty of Committee’s 2017 Family Night. From both lessons of what to do examples to review, not only by by Kristin Welsh Special thanks to sponsors Miller and what not to do (hopefully the attorney who is asking you to YLS Membership Committee Nash Graham & Dunn and NW from opposing counsel) you can do it (which you should look at), Injury Law Center for generously see so much and learn a great but also from other attorneys in supporting this year’s event. The deal of what being a lawyer is in your firm. families enjoyed full access to actual practice. Down the line the museum and exhibits along with dinner including peanut butter, jelly, and gummy worm sandwiches for the children. The event allowed parents to catch up with or meet fellow colleagues while their children explored mba yls CLE the museum’s many exhibits. Thank you to YLS Membership Committee members Evan Advising Oregon Businesses Novotny and Andrea Meyers A nine-part series on business law beginning April 13. for organizing this event. We’re looking forward to an even Estate Planning Fundamentals CLE bigger turnout in 2018! and Workshop Thursday, April 27 from 1:45-4:30 p.m. A YLS family exploring the groundwork exhibit

See flyers included in this issue for details or contact the MBA at 503.222.3275.

12 www.mbabar.org April 2017 Aurelia Erickson YLS Service to the Public YLS Member Spotlight Committee to Host by Tyler Bellis YLS Board Community Law Week by Brett Applegate Although she has worn several Circuit Court. At the same YLS Service to the Public Committee hats in her young career already, time, she began volunteering it is evident that every move her legal expertise by appearing The YLS Service to the Public at the Hollywood Theatre in made by Aurelia Erickson (Lewis in Community Court for a Committee is proud to announce Northeast Portland (4122 NE & Clark ’12) is motivated, at least local public defender’s office. that it will host Community Sandy Blvd). The YLS Service in part, by an impulse to help By volunteering for the public Aurelia Erickson Law Week April 30 - May 6. to the Public Committee invites her community and advocate for defender’s office, Aurelia not only Community Law Week provides all MBA members and their those in need. provided an invaluable service of the OSB House of Delegates legal education, access, and families to attend this one-of-a- After graduating from for members of the public who and actively participates in the assistance to the public through kind opportunity for the legal Northwestern University in cannot afford a lawyer (and who MBA Young Lawyers Section. a series of interactive events community to connect with the Evanston, Illinois with a degree are charged with infractions that Since joining the YLS Pro Bono held around the ABA’s Law public at what promises to be an in political science, Aurelia are not deemed serious enough Committee in 2014, Aurelia has Day, which falls on May 1 each entertaining evening for all! worked for a Midwest nonprofit to warrant court-appointed been instrumental in planning year. This year’s theme is “The for a year before setting her counsel), but she also gained and operating the MBA YLS Pro 14th Amendment: Transforming Tell it to the Judge sights on law school. A native invaluable first-hand experience Bono Fair and CLE program, American Democracy,” and will Tell it to the Judge is a forum in of eastern Oregon, Aurelia in court to continue honing her which provides resources and explore the ways in which the which volunteers facilitate public returned to the West Coast to oral advocacy skills. information to those who want 14th Amendment has reshaped interaction with local judges. attend Lewis & Clark Law School. In 2014, Aurelia went to to learn about and get involved American law and society by Community members have the Upon succeeding in moot court work for a well-established, in pro bono work, such as Legal advancing the rights of all opportunity to speak directly to competitions, Aurelia realized local business litigator, Robert J. Aid Services of Oregon and the Americans. the judges about their questions, early on that she wanted to McGaughey. Shortly thereafter, Volunteer Lawyers Project. This concerns, and opinions on the litigate. During law school, she the two formed McGaughey year, Aurelia is the chair of the The YOUthFILM Project justice system. Tell it to the Judge clerked for the Environmental Erickson, where Aurelia YLS Pro Bono Committee but The YOUthFILM Project is a will be held on May 6 at the Crimes Division of the Oregon handles shareholder and still finds time to volunteer for filmmaking contest that allows Multnomah County Courthouse; Department of Justice, and partnership disputes, investment the public defender’s office and students to express themselves time to be determined. Help thought she had found her and securities actions, and appear in Community Court creatively while learning about spread the word! calling. Recognizing, however, employment lawsuits. Practicing nearly once a week. the judicial branch and the that litigation opportunities in at a small firm has afforded While pro bono work takes importance of civic engagement. Free Legal Information Booth environmental law were few and Aurelia the chance to handle time away from paying clients The YLS Service to Public far between, Aurelia kept an open cases from their beginning all the and lawyers’ personal lives, Committee will also be running mind to what her future held. way through trial or arbitration, Aurelia also views it as a great a free legal information booth Following law school, Aurelia an opportunity that many young way to get practical experience at the Tell it to the Judge event. moved to Alaska where she lawyers do not get for years. and help people who are truly in Volunteers will provide general clerked for a state court judge Despite maintaining a large need. As she understatedly put Participants produce short legal information, disseminate who presided over murder workload and shouldering it, “navigating the legal system films dealing with the theme of brochures on legal topics, and trials and various civil actions. the responsibility to bring in without a lawyer is so difficult, Community Law Week. This help community members Subsequently, Aurelia returned business at her firm, Aurelia to the extent you can help even a year’s films will explore the identify and connect with to Portland and began clerking stays very involved in the local little, it’s huge.” meaning of key constitutional needed legal resources. at the Multnomah County community. She is a member concepts such as citizenship, due process, and equal protection For more information about (and include fun elements such Community Law Week, please as zombies and haikus). contact YLS Service to the Public Committee Co-Chairs Top films will be screened Jamison McCune (McCune@ for participating students, bodyfeltmount.com) and Bryan parents, faculty, and the general Thompson (Bryan.Thompson@ mba yls EVENT public on May 4 at 6:30 p.m. lewisbrisbois.com). YLS Community Service Day Saturday, April 8 8:45 a.m.-1 p.m. Tualatin Community Park 8515 SW Tualatin Rd., Tualatin, OR 97062

Join us to celebrate Arbor Day with the City of Tualatin and Clean Water Services at the Tualatin Community Park! Please dress appropriately for the weather, wear sturdy boots or shoes (rubber boots work great!), and be prepared to get a little dirty. Friends of Trees will provide gloves, tools, and planting guidance, as well as breakfast snacks and coffee/hot chocolate to get everyone fueled up.

Meet at Tualatin Community Park by 8:45 a.m. Look for the Friends of Trees signs to guide you as you arrive. Tree planting activities will start promptly at 9 a.m. and wrap up by 1 p.m.

Reserve your volunteer spot by contacting Kimberly Fisher, [email protected]. The MBA conference room may be reserved for use by MBA members for client meetings, depositions and other professional law-related business.

Office location: 620 SW 5th Ave., Ste. 1220 Portland OR 97204

Contact the MBA for details and availability at 503.222.3275.

13 Multnomah Lawyer

Member Resource Center MBA Health Plans Welcome to the member Legal Northwest Staffing resource center, where you will Specialists for Your Firm find information of importance Discounted pricing on direct hire to MBA members and the legal positions and a quality of service We simplify plan enrollment community at large. guarantee. Anneke Haslett 503.242.2514 and maintenance: Pro Bono Oregon Listserv www.legalnw.com Receive a weekly summary of Choose from multiple plans MBA Group Insurance Plans available pro bono volunteer One invoice opportunities in your email Hassle-free administration and inbox every Thursday. Listings customization of health plans for Help with all aspects of plan include the type of case and a law firms. In addition to attorney, administration brief description of the issue and firm must have at least one W2 do not include highly identifying employee to be eligible. Free COBRA administration facts or party names. Sign up by Steve Doty, 503.716.9328 sending an email to www.aldrichadvisors.com/MBA/ probonooregon-subscribe@mail. CONTACT lawhelp.org. NAEGELI Deposition and Trial Steve Doty: [email protected] Discounts on court reporting, Update Your Directory Listing video conferencing and Kevin Doty: [email protected] on the MBA Website videography. The MBA website includes an 503.227.1544 (503) 716.9328 online Membership Directory www.naegeliusa.com and members may update their photos, include a bio, add links Newsletter Advertising Enroll at to social networking sites and MBA members enjoy reduced update practice area information rates on display and classified Anytime online. To update your listing, advertising in the Multnomah FORMERLY AKT login to the Members Center Lawyer publication. In addition, Aldrich Beneﬁts LP aldrichadvisors.com where you may use the email all classifieds are posted at address currently on file in the www.mbabar.org. MBA Directory as your user Ryan Mosier, 503.222.3275 name. If you do not know your Set yourself up for success password, you may click on the Office Depot Drive More Clients to Your Getting more calls is great - if “forgot password” link to have it Reduced rates, including you create a great experience emailed to you. significant discounts on regularly Practice with Click-to-Call for callers. Automated systems ordered items. and voicemail don’t cut it: 74% MBA Member Discounts Douglas Thrush, 1.855.337.6629 Looking for ways to reach more Get ’em clicking of mobile users are likely to x16095 clients? Click-to-call technology Adding a “click to call” button choose another business after a Bank of the Cascades is a simple, affordable solution, to your website is a great way poor phone experience. A virtual Ruby Receptionists and small business owners to encourage potential clients Financial services specifically receptionist service is a cost- everywhere are experiencing the to reach you with a single click designed for attorneys. IOLTA A virtual receptionist service effective way to ensure every impact it can make. Research - and you don’t have to be a accounts with no fees and based in Portland that seamlessly caller reaches a warm, friendly shows calls to businesses are web designer to figure it out. competitive rates, discounted connects you to your callers. person dedicated to making their on the rise and expected to This quick guide can help you personal banking services, and MBA members receive a flat day - building connections and keep rising, and thanks to the get started: https://knowledge. more. discount on the monthly plan and helping you win clients. Services convenience of click-to-call, it’s hubspot.com/articles/kcs_article/ Elise Bouneff 503.499.5931 unlimited free voicemail boxes. like Ruby Receptionists create predicted that businesses will cos-general/how-to-make-a-click- www.botc.com 1.866.611.7829 stellar impressions by welcoming www.callruby.com/mba receive 162 billion calls from to-call-button-for-your-website callers with your custom The Bar Plan Online smartphones in 2019. With a Make your web presence greeting, transferring calls when Court Bonds UPS clickable, easy-to-find business mobile friendly and where you’d like, taking number and a quality phone Streamlined court bond service MBA members can save up to Ensure your phone number is detailed messages, collecting experience, you can drive more with expedited turnaround. 26% on their express shipping prominent and clickable on your new client intake, making phone traffic to your practice and Cathy Ahearn or Deborah Eller courtesy of UPS. website, and limit the need for follow-up calls, and much more. connect with more clients. Here 1.877.553.6376 www.savewithups.com/ scrolling by putting your number Spanish bilingual service is are some tips for getting there: www.mba.onlinecourtbonds.com multnomahbar near the top of your homepage. included in every Ruby account Check your Google listing Aim to include your number at no additional cost, and Ruby’s LawPay Make sure your Google business in the same spot on the various impressive suite of features helps Credit card processing intended information is current and pages of your site, and add it to you delight current and potential for client-attorney transactions. includes a visible phone number. your site’s header, footer, contact clients, streamline your day- Reduced processing rates for This ensures potential clients page, and any calls to action. If to-day operations, and manage MBA members. will be able to call you directly you use mobile ads, include a your calls from anywhere. Plus, 1.866.376.0950 from the Google call icon. For clickable number there, too. 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14 www.mbabar.org April 2017

The Corner Office PROFESSIONALISM Pro Bono Volunteers

No lawyer I know would admit 4. In mediations, the mediator partner. This is a red-flag-high- Thanks to the following lawyers Duden • Chris Edwardsen • Jon that he or she is unprofessional. regularly spends more time alert situation. If an opposing and law students who recently Fritzler • Michael Fuller • Anne It would be akin to admitting talking to your client than lawyer has been so dissatisfied donated their pro bono services Furniss • David Gray • Holly theft from the client trust to you. In some cases, a with your conduct to actually via the Volunteer Lawyers Project, Hayman • Natalie Hedman • account. On its face, we all agree mediator will quickly assess talk to someone at your firm the Senior Law Project, law firm Christie Helmer • Dona Hippert professionalism - acting with that a lawyer needs the about it, there is no doubt that clinics, the Oregon Law Center, • George Hoselton • Samuel integrity, courtesy and fairness mediator’s help with a client. one of you has crossed the line. the Nonprofit Project, St. Andrew Justice Joshua Kadish Lisa - is a touchstone of our conduct In other cases, however, the If this has happened more than Legal Clinic, Catholic Charities • • Kenn Elizabeth Knight Mark as lawyers. We shake our heads mediator has determined once, it is probably you. Immigration Legal Services, Lewis • • Kramer Tony Kullen William when we hear the story of a that the lawyer’s conduct is & Clark Small Business Legal • • 9. You rationalize rather than Kwitman • Linda Larkin • discourteous email exchange not conducive to resolving a apologize. We all make Clinic, Children’s Representation between opposing counsel or dispute. Thus the mediator Project, and Changing Lives Elizabeth Lemoine • Colleen mistakes, often borne out of Lowry • Riley Makin • Holly a meritless position taken by a has to go around the lawyer simple misunderstanding Forever Project. To learn more lawyer without regard for the to get anything accomplished. about pro bono opportunities in McHugh • Tim McNeil • or oversight. If you cannot Christopher Mertens • James facts (or law). But, we keep 5. You have ever raised your recall an occasion (or multiple Multnomah County, go to O’Connor • Cathy Petrecca hearing these stories, and in some voice when speaking to occasions) where you have www.mbabar.org and click on John Purcell Joshua Ross cases, witnessing unprofessional opposing counsel in front apologized to opposing “About Us” and “Pro Bono.” • • Lyndon Ruhnke Philip behavior personally. That means, of your client or opposing counsel, then you are not • • Schuster II W. Senft Arden even if we don’t like to admit counsel’s client (or, worse yet, owning up to the mistakes you Mark Adams • Kathleen Baker • • • it, that some of us (yes, US!) in court). Animated telephone have surely made. Jonathan Bennett • Susan Bock Shenker • Ian Simpson • Donna are unprofessional, or more calls between lawyers may • Amanda Bruen • Brett Carson Smith • Timothy Solomon • likely, occasionally engage in 10. You are already composing in • John Chambers • Thomas Josh Stadtler • Anne Steiner • happen, then lawyers typically your head a response about unprofessional conduct. I’ve MuLTNoMAH LAWYERChow • Craig Cowley • Micah Christine Taylor • Evans Van OCTOBER 2007 cool off and start off on the how I don’t understand your compiled the top signs that you Davis Bridget Donegan Paul Buren • James Yand right foot the next time. Other practice, your clients, or • • (yes, YOU!) might be a lawyer lawyers make it a habit to be with a professionalism blind spot: your unreasonable opposing friendly when one-on-one, counsel. 1.What You don’t regularly I haveDid onbut turnMy hostile Summer when there is Vacation Byrelationships Michael Dwyer, with MBA opposing President-Elect. an audience. counsel after a case is over. For Now, these are only signs 6. You have made comments of potentially troubling litigators, week at a Harvardlarge part University of the Cloke’s mediation class was one of heart and mind. Cloke stressed that A to an opposing lawyer behavior and may not indicate in jobmid-July is dealing hardly with cracks opposing several offerings. Fox, a lecturer we customarily opt for resolving about her hair, clothes, age, a professionalism problem. But thecounsel usual list on of hotly top summerdisputed at Harvard Law School, led a class conflict at a superficial level: the appearance or relationship if these circumstances regularly vacationissues. ideas.But, if But your the relationship chance called Beyond Yes One, referring level of mere settlement. Mediators status. While typically it is arise in your practice, you to withparticipate opposing in a counselcutting-edge is often to the negotiation bestseller co- afraid of radical open-heartedness, men making these comments may want to consider whether programstrained integrating - even after Western a case is authored by Fox’s mentor, Roger or unskilled at handling the to women, it can happen in you should maintain a higher conflictresolved resolution - the problem with ancient may Fisher of Harvard, but cross- deepest levels of conflict, miss the other circumstances, too. If standard of conduct in your Easternnot be wisdom due to theand tough meditation issues fertilizing negotiation techniques opportunity to help people achieve you make comments like this relationships with other lawyers. traditionsin the case. was educational, withto insights,opposing skills counsel, and spirit- even deeper levels, including forgiveness, inspiring and transforming. energy to enable negotiators to transformation and transcendence. 2. You take satisfaction in sending innocuously, be mindful that The Corner Office is a recurring the perfect email retort to operatethe recipient at their highest will immediately levels of �� Judges, mediators, and lawyers body and mind. featureBefore classof the each Multnomah morning, Lawyerwe an unreasonable opposing question your intent and and is intended to promote the �� gatheredcounsel. from Many all overlawyers the world for judgment. participated in either a movement two, week-long sessions. My own In the second week, a prominent discussionor yoga class of followedprofessionalism by 30 �� painstakingly draft emails with 7. Opposing counsel regularly taking place among lawyers in Advancedthe perfect Mediation blend of class sarcasm, with trio offered emerging roles for minutes of guided meditation. �� world-renowned mediator Ken lawyers.asks for David fees Hall’s in motions. new book oure community demonstrated and benefits elsewhere. of incredulity and condescension We aren’t in California. It is While The Corner Office cannot Clokewhen drew opposing attendees counsel from every captures the spirit of this class. It is incorporating meditation into �� corner of the globe and the US. entitlednot the e practice Spiritual in Revitalization Oregon promisea professional to answer practice every include question has taken an unreasonable courts to seek fees for submitted, its intent is to respond position. Professional lawyers of the Legal Profession: A Search for increased empathy and insight, Sponsored by the Harvard Sacredvanilla Rivers discovery. motions. toreduced questions reactivity, that raise and interestinggreater then delete those emails and If opposing parties regularly professionalism concerns and TEMPORARY & PERMANENT PLACEMENT Negotiationstart fresh. Insight Initiative attention and attunement. Harvard, (HNII), a relatively new offspring A dominantseek fees themeagainst running you for issues.Yale and Please other send top lawyour schools questions have 3.of Yourthe Project client tellson Negotiation you they at throughdiscovery the program disputes, is thatyou toeither tooffered [email protected] courses in meditation, and indicate and LEGAL NORTHWEST theappreciate law school, your the “bulldog” program is resolveneed conflict new clients with orothers a new at a thatseveral you top-tier would lawlike firms The Cornerhave held theapproach, brainchild or of alternatively, its executive after deepattitude and enduring toward level,discovery. we must Officetrainings to for answer lawyers. your question. STAFFING SPECIALISTS director,witnessing Erica your Ariel interactions Fox. 8.first You work have, on on ourselves. occasion, We learned can Questions may be submitted ewith program’s opposing mission counsel, is “to the establishthat an peaceful opposing resolution lawyer has of anonymously.HNII also holds autumn broadenclient insistsand deepen that maybe the way the we conflictexpressed with concernsothers only about if we your – workshops. e MBA is discussing understand,parties should teach, just and talk practice directly, mediators,conduct negotiators with a colleague and judges or a joint HNII-MBA conference to negotiationwithout the and lawyers. dispute resolution – bring an authentic, peaceful be held in Portland next year. by integrating insights from the presence into the mediation or world’s ethical, philosophical, and settlement arena. To do that, we Michael Dwyer is a mediator and �� 700 SW Taylor Floor 2 spiritual traditions.” must be fully engaged in body, lawyer with Dwyer & Miller, and Portland, Oregon 97205 is the President-Elect of the MBA. ��Tel 503-242-2514 ��Fax 503-274-7895 ��www.legalnw.com [email protected]

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focus on income tax (corporate, Applications must be submitted • 1-4 years of relevant employment law is preferred, but partnership and individual), through the State of Oregon experience, preferably candidates with general litigation Classifieds particularly with regard to Jobs E-Recruit system. For more in employment defense experience and a demonstrated business transactions, planning, information or to apply go to litigation interest in labor and employment entity formation and federal, https://www.governmentjobs. • Oregon Bar Admission with law will be considered. The ideal Positions state and local controversy, and com/careers/oregon, search for “active” status required candidate will be comfortable the ability to work collaboratively “Hearings Referee” and select the • Attention to detail and ability drafting and responding to Diversity & Inclusion External in a team environment. Oregon Job Title. EOE to multi-task in a fast-paced discovery and initial pleadings, Coordinator Bar admission required. environment drafting motions, and drafting The Oregon State Bar is looking Although based in Portland, Employment Law Associate • Strong organizational, time agency position statements. to fill the position that will the successful candidate will be Attorney management, and project Candidate must have excellent provide external support for the involved in projects originating Jackson Lewis PC is a management skills academic credentials, strong Director of Diversity & Inclusion in our other offices as well. GSB nationwide law firm dedicated • Excellent written and oral writing and analytical skills, and & the department & serves as a values diversity and is an equal to representing management communication skills ability to manage multiple projects representative & liaison on behalf opportunity employer. Please exclusively in workplace law and • Ability to work in a in a fast-paced environment. of the department to external email cover letter and résumé to related litigation. With 55 offices highly collaborative, team Successful candidate will be a stakeholders who currently [email protected]. and over 800 attorneys, Jackson environment self-starter with the ability to partner with the department. Lewis is seeking a Litigation • Outstanding academic work independently and as part Please visit http://www.osbar. Estate Planning Associate Associate Attorney for the credentials of a team. Must be admitted in org/osbcenter/openings.html for The Portland office of Garvey Portland office. Oregon. job details. Equal Opportunity Schubert Barer is seeking a Please submit a resume, cover To apply, please submit Employer. mid-level to senior associate Duties and Responsibilities: letter and writing sample to your cover letter, resume and to join its estate planning • Handle employment related [email protected]. transcript online at https:// Diversity & Inclusion Internal practice. Successful candidate claims in litigation and before apply.fisherphillips.com. Fisher Coordinator will have at least five years state and federal enforcement Assistant Disciplinary Counsel Phillips is an equal opportunity The Oregon State Bar is looking of estate planning and trust agencies - Litigation employer encouraging diversity to fill the position that will administration experience, • Provide advice and counsel The Oregon State Bar is looking in the workplace. provide internal support for the LL.M. in Taxation and/or to employers on a wide range to fill the position that will Director of Diversity & Inclusion extensive experience in estate of employment laws and provide counsel to the Bar in the & the department & serves as and income tax, exceptional regulations evaluation, investigation, and, Space a representative & liaison to academic credentials, excellent • Effectively and persuasively where appropriate, litigation Downtown Portland internal stakeholders to the research, writing, analytical, and write briefs and motions for through trial and appeal of ethics The Ambassador, 1207 SW Sixth Diversity Action Plan. communication skills, and the the benefit of our clients complaints made against Oregon Avenue, 11x16 ground floor Please visit http://www.osbar. ability to work collaboratively • Cultivate productive and lawyers. corner office, $975 includes work org/osbcenter/openings.html for in a team environment. Oregon effective relationships with Please visit http://www.osbar. station, fax, copier, internet, job details. Equal Opportunity Bar admission required. clients org/osbcenter/openings.html for shared conf, reception, kitchen, Employer. Washington license a plus. GSB • Argue decisively at court job details. Equal Opportunity shower. Call Mari 503.228.3255. values diversity and is an equal hearings Employer. Tax Associate opportunity employer. Please • Conduct fact gathering and Downtown Portland/Spacious The Portland office of Garvey email cover letter and résumé to advantageous depositions Employment Litigation Office Schubert Barer is seeking a [email protected]. • Defend properly prepared Associate 19x14 280 sq ft. office,th 10 mid-level tax associate with 3-5 client representatives at The Portland office of Fisher floor. Two blocks from Pioneer years of law firm experience. Juvenile Court Hearings deposition Phillips, a national management- Courthouse. Rent includes Candidates must have an Referee side labor and employment reception, telephone/internet, LL.M. in Taxation, exceptional Multnomah County Circuit Skills and Educational law firm, seeks a mid-level shared conference room, copier academic credentials, excellent Court, Oregon Judicial Requirements: employment litigation associate & postage machine use. Great for research, writing, analytical, Department. Salary Range • J.D. from an accredited law with 2-4 years of experience. sole practitioner. and communication skills, a $6,107 - $9,947 monthly. school Prior experience in labor and Contact Jon @ 503.243.2733.

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Pro BonoMillard Volunteers & Bragg The Professional Liability Fund is offering Oregon Attorneys at Law, PC lawyers free use of a conference room located at 520 Thanks to the following lawyers SW Yamhill Street, Suite 1025, Portland, Oregon. and law students who donated503-305-7806 To reserve this space and learn more details about their pro bono services419 5th recently Street Oregon City, OR 97045 via the Volunteer Lawyerswww.millardlaw.com Project, this free conference room space, go to the PLF the Senior Law Project, law firm Justice  Servicewebsite, www.osbplf.org Profe, andss clickio naon Practicelism Admitted to Practice in Oregon and Washington clinics, the Oregon Law Center, Management, then Oregon Lawyers’ Conference Room. the Nonprofit Project, St. Andrew Legal Clinic, Catholic Charities EducationSpecial thanks Le to thead law firmsership of Jaqua & Wheatley Immigration Legal Services, Lewis and Perkins Coie for their donations of books for the & Clark’s Small Business Legal OLCR library wall. Clinic, Children’s Representation Values paramount to MBA members. Project, and Changing Lives Forever Project. To learn more Also values paramount to Bank of the Cascades in serving you. about pro bono opportunities in Multnomah County, go to MBA_2015_PLF_Conference_Room_2 col x 4 www.mbabar.org and click on Delivering customized banking for legal ﬁrms and professionals to maximize “About Us” and “Pro Bono.” opportunities while minimizing risk. We welcome the opportunity to learn about your practice and provide ﬁnancial solutions tailored to your needs. Brett Carson • Bethany Coleman-Fire • Lisa Day • Nicole Deering • Paul Duden • Chris Edwardsen • Daniel Garner • James Geringer • David Gray • Dona Hippert • George Hoselton • John Huth • Jeremy James • Edward

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19 Multnomah Lawyer

The mission of MetroEast is to use Multnomah Bar Foundation media to “invigorate civic engagement, inspire diverse voices, Grantee Spotlight: and strengthen community life.” The MetroEast Community Media organization believes that media “can and Using Technology to Inspire and should be used” to encourage artistic Invigorate creation and the free expression of diverse by Mary Jo Naples Miller ideas and opinions MBF Board of Directors to “ensure a healthy and prosperous entertainment. It has grown to that are striving to solve local democracy.” For a modest fee, include eight cable channels and problems with local solutions. anyone can come to the studio, facilities to provide a broad range Our grant recipients regularly to film a video in the local park. gain training in how to use of workshops, training programs, invite board members to attend And in the state-of-the-art production equipment and and production options. their programs and experience main production studio, several technology, and use MetroEast’s As the racial and cultural directly the power of grant contributors, including me, are equipment and studios to diversity of Portland and Oregon awards. By fostering the MBF’s gathered to participate in the produce programming for have increased, MetroEast offers goals of promoting civic creation of a Spanish-language broadcast on MetroEast’s many media and technology to all education, and increasing public community education program community channels. community members as a vehicle participation and respect for on the right and duty to vote. The more experienced may to educate, address community the law, grant recipients such as With funding from a grant require little participation by the needs, and engage. Using this MetroEast make our community awarded by the Multnomah Bar MetroEast staff, but MetroEast is power, MetroEast estimates that work better for all of us. Foundation, MetroEast was able to produce a five-minute video Editor’s note: Since the writing that explains the process of of this article, ¡Su Voto Cuenta! registering to vote, and actually Walk into the studios of won the Democracy in Action voting, in Oregon - ¡Su Voto MetroEast Community Media category at the 2017 Best of the Cuenta!- as well as two public on any given day and you will Northwest Awards. The Best service announcements that see a beehive of activity. In a of the Northwest competition emphasize the importance of meeting room, a class on the showcases exceptional programs voting and making your voice basics of editing is taking place. in community media. This heard, which have reached a In one of the smaller studios, prestigious awards contest national audience. These videos a high school student has set honors outstanding programs were broadcast on MetroEast’s up production equipment and telecast on or produced by stations in Multnomah County, is about to tape this month’s community access or local and were shared on YouTube and episode of his series program. origination television channels uploaded to various Multnomah Down the hall, a community in the Northwest region (Alaska, County websites, as well as the member is making arrangements Alberta, British Columbia, MBF website. to borrow production equipment at its best when it is partnering it reached approximately 350,000 Idaho, Montana, Oregon, Utah, with local governments, households with the 2016 voting Washington, and Wyoming) of educational institutions, nonprofit video alone. the Alliance for Community entities, and individuals to The Multnomah Bar Media. Congratulations, encourage dialogue, cultivate the Foundation supports local MetroEast Community Media! participation of underrepresented organizations such as MetroEast, groups, and support the economic and social development of the community to achieve collective community goals. When you donate to the MBF Civic Education Fund, you help support those goals, too. MetroEast was founded in 1984 as Multnomah Cable Access by a group of citizens who believed cable television had the potential to offer more than

Being busy enough that you actually an employee and your both employees and employers in Lawyer as Employer: need staff and other attorneys failure to pay her entitles her employment disputes, will lead to help you is a good thing, but to unpaid wages, penalties and the discussion and members are Key Legal Obligations and hiring, managing and firing attorney’s fees. encouraged to share challenges people necessitates at least some If you’re interested in that they’ve experienced when Common Pitfalls to Avoid familiarity with state and federal learning more about common taking on the role of employer. wage and hour laws, leave laws, pitfalls that small firms and The workshop will be held on by Dana Sullivan and other employment-related solo practitioners face when Thursday, May 11, from Buchanan Angeli Altschul & Sullivan regulations. When small firms they bring staff or attorneys on 12-1:30 p.m. at Hotel Monaco. and solo practitioners need extra to help or if you have burning Lunch will be provided. $20 for You, an overworked solo you one to two days a week. She help, particularly on a temporary questions based upon situations members; $60 for nonmembers. practitioner with no staff, are makes clear that, because you’re or part-time basis, they can that you’ve encountered in your Register at www.mbabar.org. out socializing with some doing this as a favor and because unwittingly get into trouble by practice, come to the May lunch friends. One of your friends the experience will be benefitting neglecting to consider the legal workshop hosted by the MBA mentions that her daughter her daughter as much as you, issues attendant to hiring and Solo and Small Firm Committee will be home from college for they’re envisioning an unpaid firing employees. An informal titled, “Lawyer as Employer: Key the summer and is looking for internship-type arrangement. arrangement to help out a friend Legal Obligations and Common a job. The daughter thinks she You have a couple of projects whose daughter is looking for Pitfalls to Avoid.” Iayesha Smith, might be interested in going to in mind that would be perfect a job can seem like a great idea a solo practitioner, and Alex law school and is hoping to get to offload on a bright college until some unanticipated conflict Trauman of Motschenbacher & some experience working in a student so your instinct is to develops and you are faced with Blattner, both of whom advise law firm. Your friend suggests jump at the offer. Good idea? a claim that your “intern” was small business and represent that her daughter come work for

20 www.mbabar.org