MuLTNoMAH LAwYER

Lawyers associated for justice, service, professionalism, education June 2006 Volume 52, Number 6 and leadership for our members and our community. From the President MBACLE By Kelly Hagan, Schwabe Williamson & Wyatt and MBA President. To register for a CLE, please see the inserts in this issue or go to “…the Multnomah Bar Association idea of trailing Mississippi and West Virginia is not compelling, then www.mbabar.org. offers its services insupplying envision a future in which seasoned judicial candidates will come speakers before audiences in the almost entirely from the public sector. Not that criminal defense or city of Portland, for the purpose prosecution, or other public practices, are not good backgrounds for June of calling to the attention of the bench, but judicial experience in complex civil litigation is critical the people of the needs of the to our courts, and it is in increasingly short supply. Businesses, and the Tuesday, June 6 government, whatever those needs attorneys who represent them, ought to be alarmed by this prospect. Serving on the Board of a Nonprofit Organization may be.” Protecting Yourself and Your * * * * * Justice DeMuniz also is campaigning for new court facilities. Client “Motion made and carried that the President appoint a Multnomah County is the MBA’s special concern, of course, but we Elizabeth Grant committee to devise ways and means whereby the Bar can are by no means the only county with a geriatric courthouse. County Scott Howard be of service in the harvesting of Oregon crops. at the courthouses all around Oregon are approaching their own centennials, Jeffrey C. Thede matter be taken up with the State Bar Association and that and seem to be replaced only when they collapse. the Courts be requested to extend the vacation period Wednesday, June 7 over the harvest period thereby giving the judges as well It all comes down to this: respect for the place of an independent War Stories: Representing as the members of the bar the opportunity to help in the judiciary in our system of government. e Judicial “Department” is not “Enemy Combatants” harvest.” the same as the Fish and Wildlife Commission, however important that Lessons from Guantanamo Bay may be, and its budget should not be treated the same by our legislature for Every Practitioner Steve Wax Portland, Oregon; March 26, 1918 and governor. But it is, and that has got to change. Tom Johnson

is is my last column as president of the MBA, and I write it with In March 1918, the Multnomah County courthouse was new, our Monday, June 12 some regret. I have enjoyed writing this column. As I have said to judges were revered, and the bar’s concerns extended to helping bring Mandatory Arbitration Training several members who have asked whether I like doing it, writing for in the spring harvest. Just think of it. A different, more agrarian, past Hon. Edward J. Jones an audience of 4,000 lawyers does focus the mind. at alone is its certainly, but the enduring lesson is inescapable: the profession must Bill Gibson own reward. find ways to renew its connection to our fellow citizens, for in that Neiman connection reposes the good will necessary to a constituency for judicial Nancie Potter Perhaps like you, the birth of my children marked the end of what independence. I think of as my “BIG QUESTIONS” period. Sometime thereaer I Wednesday, June 14 more or less consciously decided to settle for little answers that made We are making that connection with CourtCare, support of pro bono Charitable Giving and the Sale of the Closely Held Business life work day to day. ese columns, however, have afforded me the representation, our public outreach campaign, the Multnomah Bar A Case Study opportunity to reflect on policy issues with a seriousness that I have Foundation, and with the myriad good works of the YLS and our Greg Harris not indulged in years. It has been a revelation, really, and not a little membership at large. With your continued help and energetic leadership Jason R. Orme disappointing, to realize how neglectful of public life I have been. I from the bench and bar, we surely will reap the good that we sow. Joseph Wetzel owe you, kind reader, many thanks: you have brought me back from the brink of the Silent Majority. Please accept one last time my thanks for your support of the MBA, and Thursday, June 29 the opportunity to serve as its president. Understanding Psychological I also have enjoyed the great privilege and good luck of leading the Evaluations MBA into its centennial year. Delving into the history of the MBA Dr. Lorah Sebastian and using excerpts from the association’s minutes began as a literary Dr. Edward Vien gimmick to give these columns some thematic continuity, and A Century of Service perhaps a bit of gravitas. e actual result has been more profound: th a personal sense of connection to the bar’s past, something quite MBA 100 Anniversary frankly that I lacked at the beginning of my term. at connection In This Issue will enrich my remaining years of practice in a way I never Celebration Announcements...... p. 4 anticipated. Ethics Focus...... p. 4 Around the Bar...... p. 7 Premier Event Sponsor Tips From the Bench ...... p. 8 Which brings me to today’s excerpt. e MBA is still in the business e Naegeli Reporting Corporation News From the Courthouse.. p. 8 of “calling to the attention of the people of [sic] the needs of the th Historic Pullout Section government.” is is especially true of the needs of our judicial Producer of the MBA 100 Anniversary Video MBA 100th Celebration...... p. 9 branch, which have been so neglected in our time. YLS...... p. 10 Major Event Sponsors ($2,500) Child Centered Solutions...... p. 11 Pacific Legal Classifieds...... p. 14 I commend to you the efforts of Chief Justice Paul DeMuniz and Multnomah CourtCare...... p. 16 others to promote the independence and sustained excellence of Washington Trust Bank Oregon’s judiciary. e Chief Justice is campaigning for better judicial salaries; Oregon now ranks 49th among the States. If the Event Sponsors ($1,000) DJC Newspaper & Commerce Magazine MULTNOMAH BAR ASSOCIATION Gevurtz Menashe Larson & Howe 620 SW 5TH AVE SUITE 1220 MULTNOMAH BAR ASSOCIATION HMH Crisis Communications PORTLAND, OREGON 97204 PRSRT STD 503.222.3275 620 SW FIFTH AVE., SUITE 1220 LexisNexis FAX 503.243.1881 U.S. POSTAGE WWW.MBABAR.ORG PORTLAND, OREGON 97204 Nationwide Process Service, Inc. PAID Northwest Employee Benefits, Inc. PORTLAND, OR Preston Gates & Ellis PERMIT NO. 00082 Professional Liability Fund – Excess Program Tsongas Litigation Consulting Contributors ($500) Oregon State Bar Providence Health Care M u L T N o M A H LAWYER J U N E 2 0 0 6

BOARD OF DIRECTORS

MBA Board of Directors ��������� President Kelly T. Hagan President-Elect � Peter H. Glade Secretary Thomas W. Brown ����������� Treasurer Nancie K. Potter Past President ��������������������������������� Sylvia E. Stevens Directors Eric Waxler YLS President ������� Lori E. Deveny ABA Delegate ������� Simeon D. Rapoport Helen T. Smith

Agnes Sowle ���������������� ������������������ ���������������������������������������� Diana I. Stuart Michael H. Bloom ����� � ������ � � � Michael Dwyer ��������� �� ��� David A. Ernst ������ ����������������������� Christine M. Meadows ������������ Executive Director Judy A.C. Edwards Director, Member Services ��������������������� ����������������������� Guy Walden ������������������������ �������������������� Director, Events and Programs Kathy Maloney

Administrator, Member ����������� � � � � Services and Events ����������� Noëlle Saint-Cyr �������������������������������� Administrator, Accounting and ������������������� Office ����������������� Renee “Max” Maxwell ���������������������������� ������������� ����� Executive Assistant Carol Hawkins ��������� � ����������� �������������������������������������������� THE MULTNOMAH LAWYER ����������������������� is published 11 times per year by the � ���������� Multnomah Bar Association, � ��������� 620 SW Fifth Ave. Ste. 1220, � ��������� Portland, OR 97204 503.222.3275 ENGINEERING An annual subscription is FAILURE ANALYSIS – FORENSICS – TESTING – INSPECTION ���� included in member dues or ����� �������� � ������� ������ may be purchased for $20. LICENSED PROFESSIONAL ENGINEERS VGO Inc. Engineering ������������ Letters, award and news items, CERTIFIED TECHNICIANS and announcements are wel- CALIBRATED EQUIPMENT (503)968-6391 ������� ������������� � ��������� �� ����� come. Articles by members are ��� ��������������������� ���������������������� accepted. All submissions may “Engineering the Northwest [email protected] ���������������������� be edited for length, clarity and since 1970” http://www.vgoinc.com style, are published on a space available basis, and at the editor’s discretion. Views expressed in articles represent the authors’ ������������������������������� � opinion, not necessarily the � MBA’s. The publication does not ����������������������������������������������������������������� � ����������������������������� ������������������������������������������������������������������ purport to offer legal advice. ����������������������������������� � Advertising is accepted; 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: Judy Edwards Display Advertisment: Renee “Max” Maxwell Copy and Classified Advertisement: Carol Hawkins ������������ Design: Cyrano Marketing Solutions ��������������������������������������� www.mbabar.org

Copyright Multnomah Bar Association 2006 2 3 M u L T N o M A H LAWYER J U N E 2 0 0 6

BOARD OF DIRECTORS NEW ON THE SHELF CALENDAR By Jacque Jurkins, Multnomah Law Librarian. For a complete MBA calendar, please visit www.mbabar.org. MBA Board of Directors FEDERAL COURT PRACTICE and Mark D. Herbert. Published ESSENTIAL ISSUES AND 16-17 President HANDBOOK, US District Court by the ABA. Tort Trial and UPDATE FOR THE OREGON June Friday-Saturday, MBA Board Kelly T. Hagan for the District of Oregon, rev. ed, Insurance Practice. Fidelity and BUSINESS LAWYER. Course retreat 2005. Published by the Federal Surety Law Committee, 2006. materials from the February 3 President-Elect Saturday, YLS Board retreat Peter H. Glade Bar Association, Oregon Chapter, (KF1950 Z9 C65) 24, 2006 program in Portland 24 2005. (Ref. KF8840 F36f 2005) sponsored by the Oregon Law Saturday, St. Andrew Legal 6 Clinic’s Race for Justice Secretary ENERGY POLICY ACT OF 2005: Institute and the 2006 Lewis & Tuesday, MBA CLE Thomas W. Brown OREGON’S LEGAL GUIDE Summary and analysis of the act’s Clark Business Law Institute. Serving on a Nonprofit Board FOR GRANDPARENTS AND 28 Treasurer major provisions edited by Kevin (*KF889 O7 O73 2006) See insert or register at Wednesday, Multnomah Bar Nancie K. Potter OTHER RELATIVES RAISING J. McIntyre, Martin V. Kirkwood, www.mbabar.org. Foundation Board meeting CHILDREN. Janay Haas, and Jason F. Leif. Published by PROBATE PRIMER. Course Past President contributing editor. Published by LexisNexis, 2006. (KF2120 E56) materials from the March 3, 2006 7 Sylvia E. Stevens 29 the AARP Oregon Chapter, 2005. Oregon Law Institute program in Wednesday, MBA CLE – Lessons Thursday, MBA CLE Directors (Ref. KF547 O7 O76) MOTION PRACTICE AND Portland. (*KF765 O7 O73pp) from Guantanamo Bay Understanding Psychological See insert or register at PERSUASION by L. Ronald Evaluations www.mbabar.org. Eric Waxler ACCOUNTING DESK BOOK: Jorgensen. Published by the THE LATEST IN PROBATE See insert or register at YLS President e accountant’s everyday instant ABA Section of Litigation, 2006. PRACTICE. Course materials 9 www.mbabar.org. Lori E. Deveny answer book, 12th ed. edited by (KF8875 J67) from the March 3, 2006 Oregon Friday, July/August Multnomah ABA Delegate Tom M. Blank, Lois Ruffner Plank Law Institute program in Lawyer deadline July Simeon D. Rapoport and Bryan R. Plank. Published by THE CRIMINAL LAWYER’S Portland. (*KF765 O7 O73) Aspen Publications, 2003. (KF320 GUIDE TO IMMIGRATION 12 3-4 Helen T. Smith A2 A24) LAW: Questions and answers, 2d LITIGATING AUTO Monday, MBA CLE Monday-Tuesday, Independence ed. by Robert James McWhirter. ACCIDENT CASES. Course Mandatory Arbitration Training Day – MBA closed Agnes Sowle BUSINESS TORTS AND Published by the ABA Criminal materials from the March 17, See insert or register at www.mbabar.org. Diana I. Stuart UNFAIR COMPETITION Justice Section, 2006. (KF4819 2006 Oregon Law Institute 19 Wednesday – MBA Golf HANDBOOK, 2d ed. Published M39 2006) program in Portland. (*KF1290 13 Tournament at OGA Golf Course Michael H. Bloom by the ABA Section of Antitrust A8 O7 O73 l) Tuesday, MBA Golf Tournament Register at www.mbabar.org. Michael Dwyer Law, 2006. (KF3195 B87 2006) ADVANCED FEDERAL at Riverside Country Club PRACTICE AND See insert or register at 26 David A. Ernst CONTRACTOR’S STATE PROCEDURE. Course materials www.mbabar.org. Wednesday, Multnomah Bar LICENSE BONDS DESK from the February 17, 2006 Christine M. Meadows Foundation Board meeting REFERENCE edited by David Oregon Law Institute program in 14 Executive Director D. Lodgen, Catherine Squillance Portland. (*KF8840 O7 O73) Wednesday, MBA CLE Judy A.C. Edwards Charitable Giving and the Sale August of the Closely Held Business Director, Member Services See insert or register at 10 Guy Walden www.mbabar.org. Thursday, September Multnomah Lawyer deadline Director, Events and Programs ������������� Kathy Maloney 15-17 Thursday-Saturday, OCDLA Administrator, Member Conference at Inn of the Seventh Services and Events ����������������������� Mountain Noëlle Saint-Cyr Visit www.ocdla.org for details. Administrator, Accounting and Office ������������������������������������� Renee “Max” Maxwell ���������������������������������� Executive Assistant ����������������� Carol Hawkins

THE MULTNOMAH LAWYER ����������������������������������������������������� is published 11 times per year by the Multnomah Bar Association, 620 SW Fifth Ave. Ste. 1220, Portland, OR 97204 503.222.3275 An annual subscription is included in member dues or may be purchased for $20. Letters, award and news items, and announcements are wel- come. Articles by members are accepted. All submissions may be edited for length, clarity and style, are published on a space available basis, and at the editor’s discretion. Views expressed in articles represent the authors’ opinion, not necessarily the MBA’s. The publication does not purport to offer legal advice. Advertising is accepted; 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: Judy Edwards Display Advertisment: Renee “Max” Maxwell Copy and Classified Advertisement: Carol Hawkins Design: Cyrano Marketing Solutions www.mbabar.org

Copyright Multnomah Bar Association 2006 2 3 M u L T N o M A H LAWYER J U N E 2 0 0 6

Ethics Focus By Mark J. Fucile, Fucile & Reising. ANNOUNCEMENTS Handle with Noon Time Rides Ride Connection Tingley, Community Care: Contacting MBA noon time bike rides - e organization seeks a member Outreach Director at short fast rides with hills. Meet for a two-year term on its Board [email protected] the Other Side’s at SW Yamhill and Broadway of Directors. Ride Connection’s or 503.528.1734. between noon and 12:10 p.m. Board of Directors meets monthly Experts on Mondays and ursdays. for two-hour sessions. Board Queens Bench Questions? Contact Ray members participate in the On June 13, Gail Nicholson omas, 503.228.5222, or meet Annual Fundraising Luncheon will be leading a facilitated During the course of a case, at the start. in December, are encouraged to luncheon on integrating work we may be tempted to contact serve on one Ride Connection and personal life. Nicholson the other side’s testifying experts. no court or administrative rule Portland’s Columbia committee and support the work has a Master’s degree in Depending on the forum, you may prohibits contact with an opposing Symphony Orchestra of transportation for older adults Counseling Psychology and be able to contact the expert. But expert in workers compensation e orchestra celebrates its 25th and people with disabilities in the over 20 years experience as a again depending on the forum, proceeding. 2005-154 also notes Anniversary Season in 2006- Portland metropolitan area. personal and career counselor. you may not be able to get any that under applicable workers 2007 and seeks an energetic and She is a past president of the substantive information and in compensation rules and Booth v. passionate board member to Ride Connection began its Oregon Career Development many instances you may be putting Tektronix, 312 Or 463, 823 P2d assist with its Planned Giving work in 1988, and currently Association and currently yourself and your case at risk. And, 402 (1991), the doctor-patient Strategy. e board currently provides transportation maintains a private practice in in all forums, you will generally not privilege does not apply in workers consists of 13 members who through 31 community downtown Portland. be able to contact the other side’s compensation proceedings. work with two staff people to providers. Service areas include consulting experts because they erefore, workers compensation produce a 10-concert season. Multnomah, Washington, Luncheons are the second are considered agents of the other counsel can discuss the substance Monthly meetings are held Clackamas and Clark counties. Tuesday of the month from side’s lawyer and are usually “off of an opposing medical expert’s downtown Portland. For Paid and volunteer drivers 11:45 a.m. to 1 p.m. at Jax limits” under the attorney-client conclusions with the witness. Even more info please call Betsy are utilized. A new program Restaurant. e cost is $12 privilege and the work product in this context, however, 2005-154 Hatton, Executive Director at called RideWise, where in cash or checks. Seating is rule. e OSB has three very useful cautions that other limitations, such 503.234.4077 or visit older adults and people with limited. For more information, ethics opinions on contacting as the lawyer work product rule, www.columbiasymphony.org. disabilities learn to ride public contact Barbara Smythe at opposing experts, with one each preclude discovery of the expert’s transportation, is offered. [email protected], for civil, workers compensation discussions with counsel. Visit www.rideconnection.org 503.703.4892, or Nicole DeFever and criminal litigation. With each, to learn more. Contact Susan at [email protected], the ethics analysis turns largely Criminal Litigation 503.735.5323. on the rules of the forum because OSB Formal Ethics Opinion RPC 3.4(c) enjoins lawyers from 2005-131 covers expert contact knowingly violating the rules of the in criminal cases. 2005-131 notes tribunal involved. Where contact is that both state and federal criminal prohibited, the limitation applies to discovery rules promote access to both lawyers and the law firm staff witnesses and, therefore, contacting ����������������� because RPC 8.4(a)(1) prohibits the other side’s testifying experts lawyers from violating the rules is permitted. At the same time, through others. All three ethics 2005-131 counsels that the contact Mental Health Counseling opinions are available on the OSB’s cannot be used to invade the other Web site at www.osbar.org. side’s privilege outside the scope of For lawyers, clients of lawyers, police officers, anticipated testimony (see OEC 511 Civil Litigation and State v. Langley, 331 Or 430, 16 and others affected by the legal system OSB Formal Ethics Opinion P3d 489 (2000), for a discussion of 2005-132 addresses civil litigation. privilege waiver in criminal cases). It draws an important initial Similarly, a lawyer cannot use the Jeffrey L. Rogers, J.D., M.A. distinction between federal and contact to dissuade the expert state courts. In the former, where from testifying, as that would www.jeffrogerscounseling.org the vehicles for expert discovery are constitute “conduct prejudicial to 503-806-3344 specified in FRCP 26(b)(4), lawyers the administration of justice” under in federal civil litigation are limited RPC 8.4(a)(4). to the avenues provided in the rules - interrogatories and depositions. Summing Up In Oregon state court, by contrast, Although not included in these there is no expert discovery. 2005- three ethics opinions, the Oregon 132, therefore, concludes that Supreme Court addressed the contact with opposing experts related question of contacting is not prohibited in state court. former expert witnesses in State But, it also counsels that this is v. Riddle, 330 Or 471, 8 P3d 980 potentially a dangerous area for (2000), concluding that contact lawyers: attempting to discover was generally permitted but could information that is privileged, for not be used to invade the other example, may open the lawyer side’s privilege or work product. to both bar discipline and court In any setting aside from workers sanctions such as disqualification comp, contacting the other side’s or exclusion of the evidence. experts usually presents more Moreover, because privilege is risks than potential returns. Even not waived with the filing of a when it is nominally permitted, ���������������������� complaint under OEC 511 and other practical barriers, principally State ex rel Grimm v. Ashmanskas, privilege, limit the potential return. 298 Or 206, 690 P2d 1063 (1984), And, if the other side claims you’ve Mental Health Counseling privilege presents a significant improperly invaded privilege, you practical barrier to obtaining any may find yourself on the wrong end For lawyers, clients of lawyers, police officers, substantive information. of regulatory or judicial sanctions. and others affected by the legal system

Workers Compensation Mark Fucile of Fucile & Reising OSB Formal Ethics Opinion 2005- handles professional responsibility, Jeffrey L. Rogers, J.D., M.A. 154 covers workers compensation regulatory and attorney-client www.jeffrogerscounseling.org litigation. Given the nature of privilege matters and law firm that practice, 2005-154 focuses related litigation for lawyers. 503-806-3344 on state workers compensation His telephone and email are proceedings. 2005-154 finds that 503.224.4895 and [email protected].

4 5 M u L T N o M A H LAWYER J U N E 2 0 0 6

��������� ���� � � � � � � � � � �� ����� �� ���������� ����

����������������������������������������������������������������� ���������������������������������� �������������������������������������������

�������������� ����������������������������������������������������������������������������� ��������������������������� ��������� �����������������������������������������������������������������������������������������������������

������������������������������������������������������ ��������������������������������������������������������������������� �������������������

�������

�������������������� ��������� ������������ ������������ �����������

��������������������������������� ��������������������

� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � ������������� � � � � � � � � � � � � � � � � � � � ��������������

��������������������������������������������

������������������������������������������������

���������������� ����������������������������������������� ������������������������������������������������������������������� �������������������������� ��������������� ���������������������������������������������������� �������������������������������������� ���������������������������������� ���������������� ����������������������������������

���������������������������������������������������������������������������������������� ������������������������������������������������������������������������������������������ ���������������������������������������������������������������������������������������� �������������������������������������������������������������������������������

�������������������������������������������������������������������������������� ���������������������������������������������������� ������������������������������������� ������������������ ��������������

���� ��������� ��������� ���������� ������������ ������� �������� ��������� �������� ���� ��������� ����������

������ ���� ����� ������� ������

4 5 M u L T N o M A H LAWYER J U N E 2 0 0 6

���������� ����� ��������������������� �������������������� ����������������� � ���������������������� ���������������������������� �������������������������� � ����������������������� ���������������������� �������������������� ���������� ���� �� ������������������������������ �������������

������������ ����������������

������������������������ ���������������������

WILLIAM F. SCHULTE

Mediation Settlement Conferences �������������� Reference Judge Bill Schulte is now focusing his practice on mediation, reference ������������������������� judging and conducting settlement ��������������������� conferences in family law matters. Bill has been an active litigator ����������������������� since 1966. He has been recognized as one of the “Best Lawyers in America” since the �������������������������� first edition in 1983. Bill is a member of the American Academy of Matrimonial Lawyers and a frequent contributor to legal ����������������������������� � � education programs. ������������ For scheduling or references: (503) 223-4131 ��� Projecting Excellence FAX: (503) 223-1346 [email protected]

���

��������������������������������6 ��������������������� 7 M u L T N o M A H LAWYER J U N E 2 0 0 6

been elected to the Cascade AIDS administration practice and will Project Board of Directors. He continue her practice in business, was also named one of Portland family and business succession AROUND THE BAR Business Journal’s “Forty Under 40” planning. for 2006, an annual award given to up and coming professionals. ROBERT J. MCGAUGHEY OREGON STATE BAR Co-chairs at the event included develop business for themselves. McGaughey announces the Sylvia Stevens, past MBA President, John Emrick, President and CEO e “Mentor Award” was one of O’Connor focuses his practice on publication of the third edition of is the new General Counsel of of Norm ompson and Bob only four special honors bestowed business and commercial litigation, Oregon Corporate Law Handbook. the OSB, succeeding George Reimer. Hirshon, CEO of Tonkon Torp. at the first-everCommerce class action litigation and labor and Earlier editions were published in She is the first woman General Magazine Rainmaker Awards. employment law. 1988 and 1999. Counsel of the OSB. e OICF is comprised of 10 member colleges and universities, JOHNSON RENSHAW & Scott Schiefelbein joined the firm e Around the Bar column BULLIVANT HOUSER BAILEY which sent representative teams of LECHMAN-SU as an associate, where he practices reports on MBA members’ moves, MBA Board Director David students to the Ethics Bowl. ese Mark Johnson has been elected to in the areas of business, and federal, transitions, promotions and other A. Ernst has become the firm teams appeared before panels of serve as Oregon’s new state delegate state and local taxation. honors within the profession. Items president. As president, he judges staffed by senior officers to the ABA, succeeding Katherine may be submitted by email to will oversee operations in the of major Portland businesses to O’Neil. e state delegate serves BATEMAN SEIDEL ET AL [email protected] and are edited firm’s six west coast offices. He present and answer business ethics as the chair of the delegation and Abby Wool Landon has joined to fit column format and used on a will continue his practice as a questions raised by case studies on as Oregon’s voice on the ABA’s the firm, where she will assist space-available basis. nationally recognized expert real business situations. Nominating Committee. Johnson is its estate planning and probate in food and beverage industry a former President of the OSB and litigation. Jeffrey S. Eden will Jill R. Long has joined as counsel practices family law. replace Ernst as the Portland to the firm in its real estate and office shareholder in charge. land use practice group. Long’s YATES, MATTHEWS & practice emphasizes land use, real ASSOCIATES MARTIN BISCHOFF estate and business law, including a Jeffrey S. Matthews, firm Philip A. Rush, a partner at focus on obtaining entitlements for shareholder and Multnomah Bar the firm, has been given the developers and property owners. Foundation President, was recently Jim Barron Award by the OSB admitted to the American Academy Aviation Section. He has also been Dominic G. Colletta and John C. of Matrimonial Lawyers. appointed the executive committee Pinkstaff have joined the firm as chairperson for the section. shareholders in the real estate and STOEL RIVES land use practice group. Wally Van Valkenburg has been DAVIS WRIGHT TREMAINE appointed as managing partner for Carol Bernick was presented Lewis Suzanne H. Kim was named 2006 its Portland office. Van Valkenburg & Clark Law School’s Joyce Ann winner of the Lane Powell George chaired the firm’s technology and Harpole Award, which recognizes V. Powell Diversity Scholarship intellectual property group for the professionals for balancing their Award. She is currently attending past five years.Steven T. Lovett will careers, families and community the University of Washington replace Van Valkenburg as the new activities. Bernick’s practice School of Law and expects to group chair. specializes in employment, complete her JD in June 2007. employment litigation, health law, MEYER & WYSE hospitality and recreation. Kim’s numerous honors and Jennifer K. Neth has joined the activities include receiving the firm as an associate, where she TONKON TORP Korean American Bar Association will focus her practice in the Paul W. Conable and Michael W. of Washington 2005 Scholarship, areas of estate planning, probate Fletcher have been elected partners serving as Vice President of the and litigation. of the firm. Conable’s practice is UW Multicultural Law Student focused primarily on commercial Association, and serving as the RICHARD MAIZELS litigation. Fletcher concentrates UW Student Representative of the Maizels moved his office to 621 on assisting companies with their Korean American Bar Association SW Morrison St Ste 1025, Portland general business law needs. of Washington. OR 97205, phone 503.223.2126, fax 503.274.8575, email rmaizels JORDAN SCHRADER Lane Powell’s Diversity Scholarship @comcast.net. He continues to Hafez Daraee has joined the firm. Program awards a second-year offer arbitration and mediation ����������������� Daraee has more than 13 years law student a substantial academic service. ���� ����� ������������ of legal experience representing scholarship for the student’s clients in all facets of complex third-year law school tuition ROSE LAW FIRM commercial, construction and real and expenses, in addition to a e firm has moved to 1211 estate litigation as well as real estate, paid summer associate position SW 5th Ave Ste 2330, Portland construction and commercial in either the Seattle or Portland OR 97204, phone 503.546.0505, transactions. office for the summer immediately www.roselaw-nw.com, where it following the student’s successful continues to focus its practice on STOLL STOLL ET AL completion of their second year business and real estate transactions e International Society of of law school. Students can be and disputes. Barristers has inducted N. from any ABA accredited law Robert Stoll into its membership. school. e first scholarship ST. ANDREW LEGAL CLINIC Membership is by invitation only to was awarded in the summer of Matthew A. Levin and Robert J. a few prominent, experienced trial 2005. For more information on Neuberger have joined the board ����������������� lawyers in North America. the scholarship program, visit of directors. Both will serve two- www.lanepowell.com. year terms. In addition, David A. Christina Beatty-Walters has Bledsoe has been named chair of ������ become a shareholder in the STAHANCYK, KENT, the board for 2006. firm. Her work concentrates on JOHNSON & HOOK ���������� financial fraud, unfair competition, Arthur K. Saito has joined the Levin is a shareholder at intellectual property and firm as an associate, where he will Markowitz Herbold et al with ������������ employment matters. continue to practice family law and substantial litigation experience estate planning. in federal and state courts as DUNN CARNEY ET AL well as private mediation and �������������������� John R. Barhoum joined the firm, MARKOWITZ, HERBOLD, arbitration. Neuberger, an MBA where his practice will include GLADE & MEHLHAF Past President, specializes in business and commercial litigation Jeffrey M. Edelson, a firm professional malpractice, product with a focus on products liability shareholder, has joined the liability, admiralty and maritime and insurance coverage litigation Portland Metro Board of and personal injury law. Bledsoe ��������������� while Wilmot will focus on Directors of the American Heart is a partner at Perkins Coie and environmental, natural resources Association’s Pacific Mountain his areas of practice include �������������� and water law. Affiliate, where he will serve a two- commercial, environmental and year term. insurance coverage litigation. LANE POWELL Robert E. Maloney Jr., firm David Markowitz, a founding GARVEY SCHUBERT BARER shareholder, recently chaired the shareholder of the firm, received Michael R. O’Connor, an owner dinner program for the inaugural special recognition for his in the firm’s Portland office, has Oregon Independent College dedication to teaching younger Foundation (OICF) Ethics Bowl. attorneys and clients how to 6 7 M u L T N o M A H LAWYER J U N E 2 0 0 6 Tips from the Bench By Judge John A. Wittmayer, Multnomah County Circuit Court.

City - County Operator telephone number We all know how important it is for you to be in court on time. But sometimes you just get stuck in another courtroom with something that took longer than you expected, or there is an accident on the freeway that delays you, or you did not anticipate how long the security line would be to get into the courthouse. Common courtesy dictates that you call the judge’s office before you are expected to Sometimes the plea is pursuant be there if you will be delayed. to ORS 135.432, the “plea agreement” or “plea contract” By Greg Silver, Metro Public Defenders and Court Liaison Committee member. But we have 38 judges in statute. When a plea is presented Multnomah County, all with in this format, it means that the Presiding Judge’s Report Practices Subcommittee. No Julia reported that the Safety report is needed from the Web Planning Committee continues different telephone numbers. You judge has been advised before Judge Koch reported that the site Subcommittee. to meet. e state committee is cannot be expected to have all the plea of the agreement, the Multnomah County Facility focusing on business continuation 38 telephone numbers in your reasons for it, and has told the Division’s staff is talking to downtown Judge Christopher Marshall will planning – how the courts could cell phone memory. e good lawyers he/she will follow the landowners regarding land for a host the spring Judges’ Brown continue to operate if current news is that you do not have to agreement. Lawyers involved in new courthouse. Discussions will Bag on May 25. e Brown Bag facilities became unusable. know the telephone number of these agreements should read continue throughout the year. will focus on issues of interest to any individual judge. e City of ORS 135.432 so they have a clear the civil bar. Other judges will e county chair’s budget, released Portland and Multnomah County understanding of the process and likely participate as well. New Business on May 4, included a 20% reduction together share a telephone the benefits of such a plea. e committee reviewed the 2005- in funds the Sheriff’s Department Judy Edwards reported that as of operator that can get you to 06 charge from the MBA Board. uses to provide security at the May 5, the MBA had approximately any office in the courthouse. e question is: in exchange ere was consensus that next courthouse and transport inmates 500 reservations for the May 13 Just call 503.988.3511 and ask for the consideration granted year’s committee should continue to court. If implemented, the Century of Service event. e MBA for the office of the judge who by the prosecutor, e.g. charge most of the same actions, noting reduction would have a significant has raised almost $235,000 to date is expecting you. Put the city- reduction, dismissal of other that the committee should evaluate impact on the time it takes people for the “MBA Community Gi county operator’s telephone charges, and/or a particular how best to facilitate or encourage to pass through security to enter Fund” and has made its first grant number in your cell phone sentence recommendation, is the feedback on the judiciary and the courthouse and the time it to the Classroom Law Project memory and you will be able to defendant agreeing to ask the the court. ere has been very takes to get individual inmates to to expand its “We the People” reach any judge’s office easily. judge to impose that sentence, limited use of the Judicial Feedback courtrooms for trials, hearings and program to Parkrose and Franklin or is the defendant reserving the program. other matters. e money could High Schools and two feeder right to seek a lesser sentence? Plea agreements possibly be re-allocated internally, middle schools. MBA members are encouraged Either approach is fine - but we criminal cases but that would require cuts to other to recommend venues for the should not be discovering that As part of the Century of Service e vast majority of criminal areas of the Sheriff’s budget. e Judicial Speakers Bureau. Judge the prosecutor and the defendant theme, the June issue of the cases are concluded with some process is ongoing. Multnomah Lawyer focuses on Koch noted that the bureau’s focus type of plea bargain, and without have a different view of this at the is on speaking to non-lawyers Between 11 and 13 judges will be women in the bar. e July/August a trial. Most of these pleas are time of sentencing. about the role of the judiciary in eligible for retirement by the end issue will focus on diversity; accomplished in court with no the community. e best time for Welcome to Judge of 2008. September on legal aid services; problem. But, occasionally a October and November will speakers is early morning, the noon Adrienne Nelson Julia Hagan will report to the MBA misunderstanding about the highlight specific practice areas; hour and aer work. Members Board on Court Liaison Committee “bargain” becomes apparent In February, Governor and the December issue will focus may contact Carol Hawkins, activities. She requested chairs in court at the time of the Kulongoski appointed Adrienne on law-related organizations. [email protected], with suggestions. of the subcommittees to give her plea. Prosecutors and defense Nelson as a Circuit Court Judge, New and continuing appointments brief reports on the work their Judy also reported that the counsel should work to have a to replace Judge Sidney Galton, to the Court Liaison Committee subcommittees have done this year, CourtCare 2006 fund raising goal clear understanding about the who retired. Judge Nelson will be made by the MBA Board, the work that is in progress and is $100,000. Contributions have nature of the plea bargain, to came to us from Portland State beginning in June. e board will what is recommended for next year. been “light” so far. CourtCare avoid these misunderstandings. University, where she was appoint a new chair this summer. e misunderstanding oen the Director of the Student She asked Doug Bray to provide did survive in the county results from an incomplete Mediation and Legal Services the report for the Jury Verdicts chair’s budget proposal and one Chair Julia Hagan thanked the understanding by the lawyers Office. Before that position, Judge Subcommittee and Michael additional person has been added committee for its work during of the nature and scope of the Nelson was in private practice Merchant to provide the report on to the staff so it no longer has the past year, and the committee agreement, e.g. what financial in Portland with the Bennett the OJIN Subcommittee. Julia will to close if one person is out sick members thanked Julia for her obligations are included in the Hartman firm, and previously write the report for the Judicial or on vacation. CourtCare has great work as chair. agreement. was a public defender. served over 5,000 children.

Usually with these plea agreements, in exchange for a In Memoriam – William N. Stiles guilty plea, the DA agrees to reduce the charge, i.e. a plea William N. Stiles died Nash. In 1972 he joined the firm Bill’s vast knowledge, to a lesser included offense, unexpectedly on April 11, 2006. now known as Sussman Shank professionalism and ethical or to move to dismiss other and continued to practice as a standards combined with his charges, or to make a particular Bill graduated from Grant High partner there until the time of generous spirit made him an ideal sentencing recommendation to School in 1956. During high his death. roughout his legal mentor and role model to scores the court that is acceptable to the school he worked at Riverside career, Bill wrote and spoke on of lawyers over the years. Perhaps defendant. e misunderstanding Country Club and developed a numerous legal issues including it is most significant that Bill was occurs when, at sentencing, life-long love of golf, including creditor’s rights, administering always cognizant about how the the defendant asks the court a final round on the morning trusts, asset protection and law affected people in their daily to impose a sentence different before his death. Bill attended Yale insurance law. Bill was a long- lives. He knew the difference than the sentence agreed upon University where he attained both time member of the Debtor- between what was merely legal and in the plea bargain. Did the his undergraduate degree and Creditor Section of the OSB, what was right and always sought and add valuable insight and prosecutor and the defendant law degree. Aer Bill graduated served as the chairman of that an outcome that preserved the information to the conversation. from law school in 1963 he served section (1979-1980) and was the dignity of the parties to the greatest His integrity and decency are agree that defendant was free to th ask for a lesser sentence than the as a law clerk for the 9 Circuit recipient of that section’s Award possible extent. legendary. Although blessed with prosecutor agreed to recommend US Court of Appeals and was of Merit in 1996 for his many many talents, it never occurred to in exchange for the plea? Was admitted to the California State contributions. He was also a past Bill had a keen intellect and an Bill to rely on such gis in place the prosecutor expecting the Bar. Bill returned to Oregon to president and board member of encyclopedic knowledge of many of hard work. Despite his many defendant to ask for a lesser practice law in 1965 and passed the Oregon Law Institute. Bill was things. Although he would never successes and accomplishments, sentence than agreed upon in the the Oregon State Bar that year. a lifetime member of Who’s Who say so, he was almost always the Bill was proud of, and never forgot, plea bargain? Usually not. in American Law. smartest person in the room. his humble upbringing (in fact, Bill Bill began his career in Oregon at Bill could (and would) talk with rarely forgot anything). His family the firm today known as Miller anyone about almost anything and friends will never forget him. 8 9 M u L T N o M A H LAWYER J U N E 2 0 0 6 Profile: Referee Leon Colas, Multnomah County Circuit Court By Hon. Adrienne Nelson, Court Liaison Committee member.

Leon Colas grew up in Klamath on corrections) and a minor in experience made Leon want to duties. From September 1999 Falls, as the third of five children. Psychology. be a judge. In September 1995, to 2002, Leon continued his pro Aer his high school graduation, he became a partner in his law tem judge duties but suspended he attended Western Oregon Aer his graduation from college firm while continuing his pro tem his law practice to spend time University where he planned to in 1977, Leon became a police judge duties. In June 1997, Leon with his son, who was born in study to become a gymnastics officer. He worked in Dallas and became a Cornelius Municipal the fall of 1996. During this time, and physical education coach. Salem for 11 years and then went Court Judge for two aernoons Leon taught his son to read and Leon enlisted in the Air Force to law school. Leon said that his per week. In January 1998, he volunteered at his school so that Leon Colas aer two years of college, experience as a police officer with became a McMinnville Municipal he coul grow closer to his son following in his father’s footsteps. the justice system helped him Court Judge one day a week and and develop a deeper bond with Leon is family-oriented and a believe that he could be an attorney. le his firm to establish his own his son. person who can do multiple While in the Air Force, Leon In 1992, Leon graduated from firm. As a McMinnville municipal projects well. While maintaining built a Vietnamese refugee camp the U of O Law School. Aer law court judge, he presided over jury When Leon’s son went to a career and being a good and interacted on a regular school, Leon worked as an associate and DUII trials; his interest to kindergarten, he began his father and husband can be basis with Vietnamese officers at Browning and Heil in Forest become a circuit court judge was practice again. Leon practiced overwhelming, he takes it all in and refugees. Aer he finished Grove practicing family law. strengthened. family law for two years before he stride. Leon says that he can do his enlisted time with the Air became a full-time pro tem judge all things in his career and his Force, Leon returned to Western e same year that Leon worked In June 1999, Leon moved his for Multnomah County. He was judicial campaigns, with his wife Oregon University and received for Browning and Heil, he practice to McMinnville so he sworn in as a pro tem judge on and son’s support. his Bachelor of Arts degree in became a pro tem judge for the could maintain his family law August 2, 2004. Social Science (with an emphasis Gaston Municipal Court. at practice and his pro tem judge

MBA 100th Anniversary Celebration 1

If you didn’t make it to the such as the May 13th event at the Portland professionalism Art Museum, you missed a summit, big party! Over 500 people Multnomah attended, toasted to the first CourtCare, 100 years of the MBA, watched Volunteer an excellent video, munched Lawyers Project on delectable appetizers and (VLP), judicial outrageous desserts and danced screening, the until midnight. Please take a 1950s MBA look at the photos and enjoy it radio show “You vicariously if you weren’t there. and the Law” and Multnomah 2 MBA Commemorative Law Library; lawyers who went Appreciation to e Naegeli Publication Now Available to Mississippi in the 1960s Reporting Corporation We are pleased to announce to donate their time to try e video was produced by e the new publication that civil rights cases; women and Naegeli Reporting Corporation, commemorates MBA’s 100th diversity in the bar; legal aid; which donated all services anniversary. e beautiful, and the Young Lawyers Section. relating to the video, including sobound compendium of taping more than 10 hours of raw historical MBA and law-related We thank Katherine O’Neil footage, adding interesting photos, events, significant court cases who acted as moderator at all writing the script, selecting and lawyers who have made their seven taping sessions and for music and providing voice overs. mark in the legal community formulating the questions. We Most importantly, they edited the is easy to read, yet pays serious also appreciate the time spent by many hours of raw footage into an tribute to the many who have each of the panelists. insightful, effective and first-rate contributed to MBA’s A Century video about the MBA, its members 3 of Service. Changing Practice of Law and its many projects over the years Neva Campbell, Tom Cooney, - a video that will be appreciated Everyone who purchased a Dianne Dailey, Adrienne for years to come. We especially ticket to the May event or donated Nelson, John Ryan want to express our appreciation th to the MBA 100 Anniversary Worthy MBA Projects to owners Marsha Naegeli and Community Gi Fund receives a Carol Bernick (judicial screening), Troy Moody and videographers free copy. To purchase a copy, please Cathy Keenan (VLP), Albert Michael Gramza and Travis contact the MBA at 503.222.3275. Menashe (professionalism Shields. e company presented a summit), Robin Selig (Multnomah complimentary copy of the video We want to express our sincere CourtCare), Norm Weiner (MBA to each attendee at the May event. appreciation to those who radio program), Jacque Jurkins ank you Marsha, Troy, Michael spent many hours researching, (Multnomah Law Library) and Travis for your generosity and writing, editing, selecting photos, your fine work. designing and proofreading Mississippi Lawyers the publication at many stages Bernie Jolles, Don Marmaduke, Photos: of its production. ey include Jake Tanzer 1. Wally Sweek and Jack Lori Foleen, Don Marmaduke, Women in the Bar 2. Don Marmaduke and Randall Katherine O’Neil, Carol Hawkins, Susan Hammer, Noreen Saltveit Kester 4 Kathy Maloney, Judy Edwards, McGraw, Lynn Nagasako, 3. Marsha Naegeli, Katherine Jonathan Fine (writer) and Laurie Katherine O’Neil O’Neil, Toby Graff Causgrove Design (graphic design). 4. Katie Lane, Jacinta Wang Diversity in the Bar Kilber, Noëlle Saint-Cyr, Hon. Richard Baldwin, MBA Historic Video Sherilyn Waxler, Mary Lou Hon. Ancer Haggerty, Sonja Attendees at the May event Haas, Eric Waxler Henning, Yi-Kang Hu enjoyed watching an eight- minute video, which focused on Legal Aid several topics associated with Leslie Kay, Tom Matsuda, David the MBA. Starting with the early ornburgh, Steve Walters years of the legal community, it Young Lawyers Section addressed the changing practice Mike Haglund, Katie Lane, of law; worthy MBA projects Andrew Schpak, Ruth Spetter

8 9 M u L T N o M A H LAWYER J U N E 2 0 0 6

Thanks for Another Great Community Law Week! By Kristin Sterling, Stoel Rives and Community Law Week Chair. e members of the YLS Service PSU students and community to the Public Committee once members that dodged the May Day Young again recruited members of immigration rally taking place just the Multnomah County legal outside the PSU Student Union Young lawyers Steven Powers and community to host a week of that day. Professor Funk provided Sarah Creem at Tell it to the Judge legal-focused events for the general symposium attendees an insider’s public. From May 1 - 6, over 70 view to the draing of FISA, John McVea recruited seven judges Lawyers law firms and legal professionals Special Agent Garth explained from Multnomah County Circuit donated their time and resources the hoops that the Bureau must Court to meet with the public and to Community Law Week, an jump through to obtain a FISA answer questions for “Tell it to annual event that provides legal warrant, and Fidanque explained the Judge!” held Saturday, May 6 education, access and assistance the civil liberties concerns where Section at the Lloyd Center Mall. ere, to the public. As before, this year’s domestic wiretapping occurs in the the public had a chance to interact CLW volunteers coordinated a absence of a warrant. is engaging with the judges and learn about the clothing drive for the Dress for discussion was co-sponsored by judicial system. ere was also a April Social a Success Success charity at local law firms, several departments at Portland calligrapher on hand to create and organized a “Tell it to the Judge!” State University and supported by present certificates for individuals By Maya Crawford, Legal Aid Services of Oregon and YLS Membership event at Lloyd Center Mall, and a grant from the League of Women who had served as jurors. Committee. hosted Free Legal Information Voters Education Fund and the On ursday, April 20, the YLS Membership Committee hosted its Centers throughout Multnomah Program on Constitutional and Trung Tu of McEwen Gisvold and County during CLW. Legal Policy of the Open Society annual Meet the Judges Drop-in Social at Fernando’s Hideaway. is Jennifer Durham successfully year’s event was a great success, as many attorneys and judges were in Institute. Committee members organized a clothing drive for John Belknap, Angela Engstrom, attendance. Young lawyers had an opportunity to meet judges from Dress for Success of Oregon, the all levels of state and federal court in a relaxed setting. Both the bench Marc Jolin, Katie Lane, Erin local chapter of the international Lillis and Trung Tu were also and the bar welcomed the opportunity to speak with one another in a nonprofit organization that helps collegial atmosphere and gain from each other’s experiences. instrumental brainstorming ideas, women get back on their feet and recruiting speakers and otherwise prepare for the workforce. is year organizing this successful event. is year’s social also featured a raffle drawing, the proceeds of which we had 16 “Law Firm Captains” went to the Multnomah County CourtCare program, a nonprofit who encouraged their colleagues to CLW would not have been possible childcare service that provides children with a safe and comfortable donate work-appropriate women’s place in the courthouse. YLS would like to acknowledge the generosity but for the assistance of the clothing and accessories for local following individuals on the YLS of the local businesses that donated prizes for the raffle. anks to Young lawyers Anton Labrentz jobseekers. is year we also their support we raised over $2100 for CourtCare! and Maya Crawford at Tell it to Service to the Public Committee: enlisted a handful of volunteers the Judge assist in picking up the donations at ank you to all who participated. We look forward to seeing you Justin Leonard of Ball Janik all of those firms! resumed his post as Community again next year! is year’s CLW volunteers also Law Week’s fundraising chair. Justin hosted a community symposium CLW is truly an amazing did a remarkable job last CLW collaborative event of Multnomah at Portland State University raising funds, thereby enabling on May 1, which is nationally County legal community. If you the committee to purchase 40 were unable to participate this year, recognized as Law Day, to discuss streetlight banners that will be this year’s Law Day theme, please consider joining in on the prominently displayed every CLW fun next year! “Liberty Under the Law: Separate around the Multnomah County Branches, Balanced Powers,” as it Circuit and Federal courthouses. relates to the Foreign Intelligence ank you Community Law is year Justin continued to amaze, Week sponsors! Surveillance Act (FISA) and the bringing in monetary and in-kind president’s secret executive order donations that will guarantee the Ater Wynne LLP success of CLW for years to come. Barran Liebman LLP Bodyfelt Mount Stroup & Jennifer Durham of Bodyfelt Chamberlain LLP Mount Stroup & Chamberlain Davis Wright Tremaine LLP complimented Justin’s fundraising Homan Hart & Wagner LLP efforts by coordinating publicity Kirklin Folawn LLP for CLW. Jennifer worked with League of Women Voters our printers and designers, Bridge Pacific Northwest Paralegal Judges Mike King and Kristena LaMar with young lawyers Ben Eder City Legal and LazerQuick, to put and Jennifer Durham Young lawyers Karstan Lovorn Association and Angela Engstrom volunteer Perkins Coie LLP at a Legal Information Center Portland State University Ramis Crew Corrigan LLP Thank You to Raffle Sponsors authorizing the National Security Agency to conduct warrant- A special thanks to our The YLS appreciates the businesses that donated prizes for less wiretapping. e panel, continuing Banner Sponsors! the CourtCare raffle held at the annual Judges’ Social. which was moderated by PSU Barran Liebman LLP Political Science Professor Regina Cosgrave Vergeer Kester LLP Grand Prize Donors - Rich Mann of Gallery Furniture of Lawrence, included Professor Beaverton and Tim Rasch of EPB&B Insurance William Funk from Lewis & ank you Law Day Symposium Clark Law School, who co- Panelists! Donors - Additional thanks to: Daniel and Stephanie Brown; authored FISA during his tenure David Fidanque, ACLU of Julie Robinson Massage; Perkins Coie, LLP; Sarah Lindstrom as a staff member for the House Oregon Referee Steven Todd talks with a at Blue Chair Salon; Michael Leland at Mortgage Trust, Permanent Select Committee Professor William Funk, Lewis & Lloyd Center Mall patron Inc.; Hair M; Acadia Restaurant; Salon LaMuse; Cargo; The on Intelligence, David Fidanque, Clark Law School Pearl Retriever; Newport Bay Restaurant; Peet’s Coffee; Executive Director of the ACLU together brochures and posters Special Agent Jared Garth, FBI the Avalon Hotel & Spa; Starbucks; Fernando’s Hideaway; of Oregon, and Special Agent that were distributed throughout Professor Regina Lawrence, Stephanie Curtin Massage; Andina Restaurant; and the YLS Jared Garth from the FBI Portland Multnomah County. Jennifer also Portland State University Board office. is impressive panel drew composed and sent press releases a crowd of downtown lawyers, and advertisements to more than ank you Community Law Thanks to their generosity over $2100 was raised for a dozen area publications and Week Volunteers! CourtCare. organizations. Legal Information Centers Angela Engstrom organized this Peter Bangay Sonya Fischer Rob Kline year’s Legal Information Centers, Robin Bellanca Denise Gorrel Erin Lillis involving 26 attorneys at 11 Bob Bouneff Cashauna Hill Karstan Lovorn locations throughout Multnomah Cary Cadonau omas Huyhn Erin MacDonald County. e centers provided Christina Dirks Michelle Johansson Brad Macomber citizens with valuable legal Owen Dukelow Marc Jolin Clay McCaslin Referee Cheryl Albrecht talks with information, including handouts Angela Engstrom Cathy Keenan Chuck Reynolds Lloyd Center Mall patrons from the Oregon State Bar and Legal Aid Services of Oregon. Continued on p. 11 10 11 M u L T N o M A H LAWYER J U N E 2 0 0 6

Children: The Silent Victims of Divorce PRO BONO VOLUNTEERS Child Centered Solutions anks to the following lawyers, who recently donated their pro By Jody L. Stahancyk, Child Centered Solutions Board Chair. bono services via the Volunteer Lawyers Project, the Senior Law Project, Community Development Law Center, law firm clinics, When things go badly for parents, Maintaining a stewardship stance the Oregon Law Center, the Nonprofit Project and Attorneys for the situation is oen even more is easy in the abstract while difficult Youth. To learn more about pro bono opportunities in Multnomah terrible for their children. Parents, in the delivery. Participants oen County, check out the Pro Bono Opportunities in Oregon schools, attorneys and courts all place more emphasis on conflict handbook, available at www.mbabar.org/docs/ProBonoGuide.pdf. profess to put children first, but avoidance than the best interests of the reality is oen much different. children. Like the parents who give Jason Ayres Greg Mowe Child Centered Solutions, a into their child’s public tantrum, the Bethany Bacci Carl Neil 501(c)3 (pending) foundation short-term fix is to avoid conflict Brandon Benson Robert Nelson has been formed by attorneys, and this causes the child long-term Dick Biggs Rich Oberdorfer counselors and community problems. With education and Brad Brown Jennifer Oetter leaders to address the issues of system support comes the skill to Beginning in September, Child Laura Caldera Taylor Robert Olsen children in family crisis. solve the root issue. Centered Solutions will fund Caroline Cantrell Joel Overlund a position to be held by a non- Brett Carson Michael Petersen Beginning with the belief that Child Centered Solutions can affiliated attorney who will, at the Craig Cowley Duane Petrowsky most participants want to put provide attorneys and judges with request of the Multnomah family Sarah Crooks Marilyn Podemski children first, CCS’s mission opportunities to explore and practice law judges, represent children in Steve Cyr Charles Pruitt is to educate, advocate and how to prioritize children’s needs. If pro per divorce cases where the Shelly Damore Garvin Reiter communicate concerning the both parents exercise stewardship court is concerned that the needs Gary Enloe Gerry Rowe needs of children, especially parenting with the court’s support, of children are not being met. is Michael Evans Ellyn Stier during and aer a divorce. children will be protected from the attorney will represent the child, Joseph Field Sandra Stone adult issue of divorce. drawing together both parents Jon Fritzler Scott Strahm and with professional medical and David Gray Alex Sutton “High conflict” families who cannot mental health assistance, will cra Stacy Hankin Laura Caldera Taylor follow a stewardship-parenting the best child centered plan. eressa Hollis Bruce Towsley model cause the greatest damage to Sara Kelly Todd Trierweiler children. Attorneys and judges can e problem is clear, but the Ed Johnson Evans Van Buren be educated on how to determine solution overwhelming. It is Child Sam Justice Hon. George Van Hoomissen which parent or parents are Centered Solution’s intent to take Karen Knauerhase Richard Vangelisti ownership based and will not be simple, coordinated steps to give Linda Larkin Aaron Varhola able to put children’s needs first. all participants - parents, schools, Andrew Lauersdorf Shaun Wardinsky Once this group is identified, there attorneys and judges - tools to Elizabeth Lemoine Eric Waxler are specific tactics that can be used make children’s needs a priority. Steve Lovett Rob Wilkinson rough education about to make attorneys and judges a part Erin MacDonald Charlie Williamson the concept of “stewardship of the solution. To be a part of the answer, Child Greg Macpherson Terry Wright parenting” (children’s needs Centered Solutions invites your Tim McNeil first) vs. “ownership parenting” Child Centered Solutions will comments and your ideas. Tell us how (parent’s needs first), CCS support pro bono attorneys to to protect children from becoming the hopes to prepare parents for represent children in divorces with silent victims of divorce. the challenge of meeting their a program that will provide free K. William Gibson children’s needs during divorce. access to medical and mental health Contact us at: Child Centered Arbitration/Mediation Statewide is is particularly important consultation experts to help cra Solutions, PO Box 0397, Portland since 50 percent of all marriages long-term solutions. OR 97207, 503.546.6383, end in divorce. [email protected]. St. Andrew Legal Clinic – 6th Annual Race for Justice

Saturday, June 24, St. Andrew St. Andrew Legal Clinic (SALC) goal is $100,000, which helps SALC Legal Clinic holds its 6th Annual is a nonprofit organization that provide more low-income families “Race for Justice” event in NE has provided legal representation with critical legal assistance. Portland. since 1979. e race registration fee is $35, but When you need someone to get to your office fast e race begins at 10 a.m. at e 2006 “Race for Justice” is that fee is waived for those who …no matter where you are in the Northwest. McMenamin’s Kennedy School. sponsored by 15 local law firms raise $100 or more in pledges. Pre- Walkers and runners will have and companies and underwritten registration is encouraged before June Available for single arbitrator court cases or panels. a choice between the 6K and by adidas, Ater Wynne, Bullivant 21. Onsite registration is available Personal injury, insurance disputes, contract 10K courses. A post-event party Houser Bailey, Kent & Johnson, for $40. For more information or disputes, employment and business disputes. includes free pizza, beverages, Perkins Coie, Stoel Rives and to register, call 503.281.1500 ext. live music, a raffle and awards. Standard Insurance. e event’s 24, or go to www.salcgroup.org. Tel. 503-659-6187 Email [email protected]

Community Law Week Continued from p. 10 Generation Gap Survey Andrew Schpak Lindsay Stamm Iayesha Smith Kristin Sterling In March, the MBA Kristin Sterling Christine Uri conducted a generation Rebecca iebes gap survey, which explored ��� ������� Kim Tucker Tell it to the Judge! views on the practice of law among attorneys from ���� �� ����� ������ Dress for Success Cheryl Albrecht, Referee a wide range of ages. ere ����� ���� Jennifer Amiott Hon. Linda Bergman were 1325 people who Allison Bizzano Hon. Henry Kantor completed the survey. ��������� �� ����� Engred Chai Julia Philbrook, Referee ank you to everyone who Jennifer Durham omas Ryan, Referee took the time to participate. ������������ Saville Easley Steven Todd, Referee A committee is currently ������������ Sarah Greenley Randall Weisberg, Referee reviewing the responses and Patchen Haggerty Maya Crawford preparing results for further Laurel P. Hook Sarah Creem discussion and distribution Lindsay Kandra Saville Easley to the legal community. Cathy Keenan Adam Gamboa Katie Lane Katie Lane Erin Lillis Steven Powers Leah Mallon Dana Scheele Susan Quanbeck 10 11 M u L T N o M A H LAWYER J U N E 2 0 0 6

Yates, Matthews & Associates, P.C. One S.W. Columbia, Suite 1800 Portland, Oregon 97258 503-224-7077 Expert guides through troubled times… Practice dedicated to family law

Our congratulations to Jeffrey S. Matthews, on his recent admittance to the American Academy of Matrimonial Lawyers.

“To be represented by a Fellow of the American Academy of Matrimonial Lawyers is to be represented by a leading practitioner in the field of law.”

We are also pleased to welcome as an associate attorney Sarah Brown-Heimbucher

Congratulations 1906 – 2006 Multnomah Bar Association

��� ����������  ��������������������������������������������� ����������������������� �������������������� ��� �������������  ������������������������������������������������������������ ������������������������������ �������������������������������������� ����� ��� ����  �������������������� ������������������������� ������������������ ��� ������������������������������������������������������������ ��� ����� �����������������������  �������������������� ������������  ������������ ������������������������������������� ����������� ���������  ���������������������������������������������������������������  ����������������������������������������������������������������� ������������������������ ���������������� ������������� ��������������  �������������������������� ����������������������������������������� �������������  ��������������� �������������������������������������������

�������������������������������������������������� ����������������������������������������������������� ��������������������������������������������

12 13 M u L T N o M A H LAWYER J U N E 2 0 0 6

����� ������

����������� � ��������� �� ����� �� ���������� ���������� �������� ���������� ����� ��� �������� ������ ������

������ ������������ ���� ������������ ������ ���������������������

�������� ��������� ����� ������ ��� �����������������������

�����������������

� ������������������������ ������������������� � ����������������������������� ������������������� � �������������������������� ��������������������������� �������������������������� � ���������������������������� ��������� ���� ������� �������� �� ��� ������������ ������������������������������������������������������ ���������������������������������������������

PETER R. CHAMBERLAIN Experienced Mediator and Arbitrator ��Tort Litigation ��Commercial Claims ��Business Disputes Available Statewide

BODYFELT �������������������������������������������� MOUNT STROUP & CBodyfeltHAMBERL MountAIN StroupLLP & Chamberlain, LLP ���������������������������������� ATTORNEYS AT LAW 503.243.1022 [email protected] www.bmsc-law.com

TIME OUT when you take time away from trialTI preparation,ME Oyou UexpectT ! that it won’t be wasted.

...WhenBANNON you take time MEDIATION, LLC away from503-382-0722 trial preparation, Experiencedyou expect in simple that and it wonʼt complex business, personal injurybe wasted. and employment cases. LAW OFFICE OF ALBERT J. BANNON BANNON MEDIATION, LLC EXPERIENCED IN simple & complex business, personalpersonal iinjurynjury & eemploymentmployment ccases.ases.

������� �������� 503-382-0722 �������������� �������������� 12 13 M u L T N o M A H LAWYER J U N E 2 0 0 6 CLASSIFIEDS Vancouver is the fastest professional development Space growing city in the state and and growth within a collegial is part of the fastest growing environment. Please email DOWNTOWN PORTLAND county in the Northwest. resume and cover letter to Two exterior offices with With that growth, there are Joanne Austin, joanne.austin@ expansive views on top floor excellent opportunities for harrang.com or send directly of 1000 Broadway Building. intellectual, financial and to 360 E 10th Ave Ste 300, Class A space. Newly organizational advancement. Eugene OR 97401. remodeled and decorated by professional designer. The Resumes should be sent to rh ATTORNEY ���������� civil litigators in this large [email protected], Well respected mid-size suite share two conference or to Director of Operations, Eugene law firm seeks ������������������ rooms, kitchen and file room. Landerholm, Memovich, et al, associate with experience in ������������� Copier, fax, telephones and 805 Broadway St Ste 1000, business and municipal law receptionist services provided. Vancouver WA 98660. and related areas. Litigation ������������������ Parking, large conference experience a plus. Substantial ����������� room, private gym and bank in MIDLEVEL (5+ YEARS’ experience in municipal law building. Call 503.228.5027. EXPERIENCE) CIVIL required. Excellent opportunity LITIGATION ATTORNEY to join a collegial firm SAVE THOUSANDS With emphasis on insurance committed to high-quality legal TEMPORARY & PERMANENT PLACEMENT On Multnomah County taxes defense, having high quality work and a high-quality of life. by leasing a new professional writing and legal research Send cover letter, resume and office building at 4975 SW skills. Construction defect, references for confidential LEGAL NORTHWEST Watson St, Beaverton OR. insurance coverage and consideration to Speer Hoyt, 2,211 sq. ft with six parking appellate practice experience Attn: John Wolf, 975 Oak St STAFFING SPECIALISTS spaces, six offices, reception a plus. Oregon State Bar Ste 700, Eugene OR 97401, area, conference room, file required and Washington Bar [email protected]. storage, work room and preferred. Please send all kitchen area. Asking $3,150 inquiries to Charles Harms, CAO ATTORNEY per/mo. NNN. Mele, Taylor Hiring Partner, Mitchell, The Oregon State Bar (OSB) & Westerdahl Real Estate Lang and Smith, 2000 One regulates the practice of law in at 503.223.2588 or online at ���������������� Main Place, 101 SW Main St Oregon and provides a variety ���������������� www.mtwre.com. Portland OR 97204. of services to its members and ��������������� the public. We are looking for LLOYD CENTER AREA DIRECTOR, CONFLICT AND someone to join our dynamic ����������������������� Join two attorneys in office DISPUTE RESOLUTION team. As a staff attorney in the ���������������������� sharing – 10x13 office, M.A./M.S. PROGRAM. Client Assistance Office (CAO), conference room, new phone The University of Oregon seeks evaluate inquiries and complaints system and DSL. Part time an experienced professional concerning the conduct of receptionist available. $550/ who will be responsible for attorneys and determine month. Contact David A. growth and management of the appropriate disposition. OVER 300 LAW FIRMS RELY ON US Snyder at 503.222.9290. new interdisciplinary graduate STAFFING PARTNER TO THE program: Master’s in Conflict Position receives and reviews BEAVERTON and Dispute Resolution (“CDR”) inquiries and complaints For rent: spacious 12’x16’ office Program. The Director will lead concerning the conduct of with large windows, including all aspects of the Program attorneys. Analyzes facts and secretarial space. Building has including student, academic legal issues to determine eight total offices occupied and administrative issues. whether misconduct has by a congenial group of solo Advanced Degree (J.D., M.A./ occurred and exercises practitioners of various legal M.S., or Ph.D.) required. See discretion to dismiss matters or Microsoft Windows environment backgrounds. Shared copy the University of Oregon Web refer for further investigation. To with particular emphasis on machine, fax machine, DSL, site: http://hr.uoregon.edu/jobs/ extent possible, assists clients Word and Excel as well as law library and conference unclassified/administrative/ for a and lawyers to resolve other Access and database programs. room. Free parking. Easy complete list job requirements, issues using CAO resources. access to Hwy 26 and 217. job description, application Assigns work to and provides Salary starts at: $4,778 per 503.643.7500. $700/mo. procedures, application forms input on the evaluation of month. Excellent benefits. PERS and supplemental questions. support staff. Responsible for employer. Positions coordination or oversight of An Equal-Opportunity, specific program functions, as Apply immediately. Send Available Affirmative-Action Institution assigned. Serves as back-up resume with a cover letter to Committed to Cultural Diversity to provide telephone ethics Human Resources Manager, WOULD YOU LIKE TO and Compliance with the assistance to members, as Attention: CAMBA, Oregon PRACTICE BUSINESS LAW Americans with Disabilities Act. needed. Assists in development State Bar, 5200 SW Meadows In a community where there We invite applications from of long and short range plans, Road, Lake Oswego, OR is significant growth and qualified candidates who share policies, and procedures for 97035. Fax to 503.598.6951 opportunity? Do you want our commitment to diversity. CAO. Assists with CAO staff or e-mail (MS Word format) to be part of an established training. Speaks and writes on to [email protected]. Equal Opportunity Employer. law firm with a reputation for ASSOCIATE ATTORNEY ethics issues for continuing legal providing high quality service Harrang Long Gary Rudnick education (CLE) programs and and expertise? P.C., a growing regional OSB publications. CLINICAL PROFESSOR, law firm, is looking for an LAW SCHOOL We are seeking the “Best experienced associate to Requires admission to the Lewis & Clark Law School of the Best” to participate in join its expanding litigation practice of law in Oregon. Four is seeking an experienced the firm’s growth, direction practice in Portland. years of legal experience, clinical professor to teach and leadership. Landerholm, in its Small Business Legal Requirements include five+ preferably in a government fed and state. Excellent Memovich, Lansverk, & Clinic. For a detailed job years of commercial litigation or private practice involving references. Katherine Foldes Whitesides, P.S. is a 17- description, please visit our experience, including trial litigation. Knowledge of legal [email protected] or attorney firm that is looking Web site at www.lclark.edu/ and/or deposition work. Some ethics rules and principles. 503.641.7010. for several highly capable experience with bankruptcy Experience in resolving legal dept/hr. EOE. attorneys to join our thriving or creditors’ rights preferred. ethics issues helpful. Excellent PROFITUSA, INC. business practice. Successful candidate interpersonal, communication Services Law office start up. Monthly must possess excellent and conflict management skills. financials. Asset valuation Located in Vancouver, communications, writing Ability to work in a team and ATTENTION, for various legal processes. Washington, we are the and research skills, a strong provide professional customer OVERWORKING Trust account requirement largest law firm in Southwest academic record, the ability to service. Ability to exercise ATTORNEYS compliance. Account Washington which is an area exercise sound independent sound judgment in keeping Contract attorney drafts processing. Professional, that offers a superior quality judgment and good client with the objectives and policies your pleadings, motions, confidential, background of life, excellent schools, relations skills. The position of the bar. Experience with responses, legal research, checked, attorney references affordable housing and will involve considerable client the Microsoft Office Suite in a trial prep. Fifteen+ years’ available, associate MBA numerous opportunities for contact and will provide an experience, over 600 projects member. Call 503.887.6143. community involvement. opportunity for significant 14 15 M u L T N o M A H LAWYER J U N E 2 0 0 6

14 15 M u L T N o M A H LAWYER CourtCare Fundraising Campaign Continues

e Multnomah CourtCare Fundraising campaign is approaching its goal of raising $100,000 to help fund the Multnomah Courthouse childcare program. e campaign task force would like to thank all of those who have generously contributed so far, and encourage those who have not to support this important program. To learn more about the CourtCare program and obtain a donation form, visit the MBA Web site at www.mbabar.org or call the MBA at 503.222.3275.

We would also like to thank graphic designer Laurie Causgrove as well as Pacific Legal for providing free design and printing services for the campaign.

���������������������������������������� �������������������������������������������������������������������������� ������������������������������� ��������� ���������� ������������������������������������������������������������������ ����������������������������������������� ����������������������������������������������������������������� �������������� ������������������������������� ��������������������������������������������������������������� �����������������������

������������������������� ������������������������

������������������

�������������������

���������������������������������������������������������������������� �������������������������������������������������������������������������������� ����������������������������������������������������������������������������������������������������������������������������������������������������������������������������� ������ 16