MBACLE by Leslie Kay, MBA President

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Lawyers associated for justice, service, professionalism, education and leadership for our members and our community. September 2009 Volume 55, Number 8 When Justice is Recession Proof MBACLE By Leslie Kay, MBA President. To register for a CLE, please see the inserts in this issue or go to www.mbabar.org. Can you name the three branches generation with the tools they will need for informed civic engagement of government? If so, you are among and leadership.” September the one-third of Americans who Justice Souter recalled that his parents first exposed him to civics by are possessed of this information. bringing him to annual town meetings in Weare, New Hampshire. Even Friday, September 18 This statistic was ruefully noted by as a boy, Souter saw that the selectmen had part of the power, but so did retired Supreme Court Justice David The Secondary Market for the voters. Residents weren’t shy about disagreeing with one another, Life Insurance – The Next Souter in his address to the ABA but they did so respectfully. He described the events as “the most radical at its annual meeting in Chicago on August 1. Justice Souter was Generation exercise of American democracy that you can find.… It didn’t matter Kevin Kline asking his fellow attorneys to join him in making civics instruction if someone were rich or poor, young or old, sensible or foolish.” The a priority across the county: “Consider the danger to judicial meetings were governed by “fundamental fairness.” independence when the people have no conception of how the Wednesday, September 23 judiciary fits within the constitutional scheme,” he said. Litigating a Trade Secrets How can we continue to respond to this call in Oregon? For over 100 years Case the MBA has advocated for the independence and integrity of the justice Here in Oregon, faced with a withering budget shortfall, state law David S. Aman system, and access to that system for those who are unable to afford lawyers. makers recently removed $6.3 million from Oregon’s judicial branch Thomas R. Johnson In a recent association membership poll, 94% of the respondents reported in the waning days of the 2009 legislative session. The cuts upset an that they support the association’s efforts in this regard. agreement made earlier in the session that would have ensured the Tuesday, September 29 survival of court hours and key judicial staff such as referees, pro se The Oregon Inheritance Tax Recently the Multnomah Bar Foundation, led by Judge Adrienne Nelson litigant facilitators and drug court coordinators. Philip Jones and its board, urged some of our community organizations that lead the Holly Mitchell Governor Kulongoski responded. First, he said, in an interview way on civic education - The Classroom Law Project, the Bus Project, Anne Thompson with the editorial board of The Oregonian, that someone has to say League of Women Voters, the Portland City Club, and the Urban League - “No, you can’t do that,” and then he proceeded, on August 6, to veto to collaborate on a civics education project. TheC ampaign for Equal Justice Section 61(6) of Enrolled House Bill 5054 which disappropriated strives tirelessly to educate the bar, bench and public about the state of October $6,259,420 in general funds from Judicial Department operations. access to our justice system. Some of our members participate in coaching the constitution teams at our local high schools. These efforts and others Wednesday, October 7 What happens when we lop off $6.3 million of the judicial department that we can all name are crucial and must be sustained on a continuing Computer Forensics and budget? Plenty. Aside from the elimination of key judicial staff, cuts basis to make a dent in public awareness and the corresponding political Electronic Discovery of this magnitude fundamentally compromise public safety and the will to adequately support our entire justice system. Anton Litchfield Oregon constitutional mandate to administer justice “openly and Steve Lovett without purchase, completely and without delay….” At the conclusion of his Chicago address, Justice Souter repeated the story told by Benjamin Franklin about his conversation with a woman Thursday, October 15 National civics education polls reveal not only that many are following the adjournment of the Constitutional Convention in 1787. Child Abuse Reporting unaware of the three branches of government but, of those who are, The woman had asked Franklin if America was to have a monarchy or a Helen Hierschbiel the judicial branch is the least known of the three. Many do not republic. Franklin responded: “It would be a republic – if you can keep know that the judicial branch is co-equal with the legislative and it.” Souter elaborated: “He understood that a republic can be lost. And November executive branches of government. This lack of public understanding one way it may be lost is a kind of erosion of the minds of its people. It not only weakens our social fabric but has the immediate effect can be lost by citizens who lack the understanding to feel responsible for Tuesday, November 17 of weakening political support for court funding in the legislative preserving the power of the constitutional government they have.” Persuasive Oral and Written budget debate. Advocacy: Perspectives from We are not out of the darkness yet with either the current recession or the Bench According to an article in the New Hampshire Concord Monitor, the threat to the courts. Not only are court operations underfunded Judge John Acosta Justice Souter was inspired to become involved in promoting and state judicial salaries far below national norms … our courthouse civics instruction by fellow retired justice Sandra Day O’Connor. facilities statewide are crumbling and our own Multnomah County Thursday, November 19 Justice O’Connor has recently launched an interactive Web site, Courthouse is in a well known state of disrepair that puts its occupants High Tech Ethics www.ourcourts.org, that offers civics lessons for children. That site - litigants, juries, judges and staff alike - in danger. Newly appointed Mark Fucile explains that “Civics education is being marginalized in our country, Justice Sotomayor remarked in her confirmation hearings that public and available curricula are lacking in teacher-friendly solutions to service “is a core responsibility of lawyering.” Let’s take up the charge. excite and engage students. The news is not all bad, however. In recent elections, young people have participated in campaigns and at In This Issue the polls in record numbers. Politicians and entertainers are learning how to excite young people about public affairs by speaking to them Multnomah Bar Calendar...... p. 3 in their language and through their media. Our Courts seek to bring Announcements...... p. 4 this approach to the educational arena in order to supply the next Ethics Focus...... p. 4 Association MBA Health Plan Open Enrollment...... p. 4 Absolutely Social Around the Bar...... p. 7 Multnomah Bar Association Tips from the Bench...... p. 8 PRSRT STD Profile: Judge Rees...... p. 9 620 SW Fifth AVE., Suite 1220 U.S. POSTAGE The Grape Escape Román Hernández...... p. 9 Portland, Oregon 97204 YLS...... p. 10 PAID Featuring Wine Tasting Golf...... p. 11 Classifieds...... p. 14 PORTLAND, OR Multnomah Bar Foundation... p. 16 PERMIT NO. 00082 Wednesday, October 14 The University Club Multnomah Bar 5-7 p.m. Association 620 SW 5th Ave Suite 1220 Portland, Oregon 97204 RSVP via insert in this issue. 503.222.3275 Fax 503.243.1881 www.mbabar.org Drop in after work and catch up with friends and colleagues.

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BOARD OF DIRECTORS Mediation and Arbitration

MBA Board of Directors In addition to continuing my active President trial and appellate practice, Leslie Nori Kay I am now available for Mediation and Arbitration

Secretary 33+ years’ experience in complex Lisa M. Umscheid business, commercial, PI, construction & maritime litigation Treasurer Michelle S. Druce AV Rated

Past President GORDON T. CAREY, JR. Mediator for Oregon Court of Michael Dwyer (503) 222-1415 Appeals since 2001 [email protected] Directors Member Oregon and Washington State Bar Associations Justin D. Leonard YLS President Scott Howard ABA Delegate Jeff Crawford Sarah Crooks CHAMBERLAIN Steven K. BlackhurstC M Mediation Arbitration knollmediation.com Keith M. GarzaY

Susan D. MarmadukeCM ♦ a proven problem solver Carol J. BernickMY When push CY ♦ trial & appellate experience Julia M. Hagan comes to shove, CMY ♦ competitive rates we can help. Gregory MoawadK

Bonnie Richardson ♦ available statewide Executive Director Judy A.C. Edwards ♦ [email protected] Mediation & Arbitration

Associate Executive Director ♦ 503.380.5730 • Experience Guy Walden • Integrity Director, Events and Programs • Solutions Kathy Maloney Executive Assistant and Communications Administrator James L.Knoll, P.C. Carol Hawkins A T TORNEY AT L A W

Office and Membership 503.222.9000 • [email protected] Administrator 1500 SW Taylor Street • Portland, OR 97205 Ryan Mosier Mediation • Arbitration Office and Foundation Administrator Experienced Pamela Hubbs 39 years in litigation 20 years in arbitration OREGON SUPER LAWYER IN THE MULTNOMAH LAWYER DISPUTE RESOLUTION 2006 is published 11 times per year by the Multnomah Bar Association, Effective Resume at www.wilsonadr.com 620 SW Fifth Ave. Ste. 1220, Portland, OR 97204 503.222.3275 An annual subscription is O.M. (Met) Wilson included in member dues or (503) 223-6121 Mediation and Arbitration may be purchased for $20. Letters, award and news items, WILSON DISPUTE RESOLUTION and announcements are welcome. (503) 972-5090 Articles by members are 2301 NW Thurman Street, Suite J [email protected] accepted. All submissions may Portland, Oregon 97210-2581 be edited for length, clarity and [email protected] 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 Copy and Classified Advertisement: Carol Hawkins Display Ads: Ryan Mosier Design: Cyrano Marketing Solutions

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Copyright Multnomah Bar Association 2009 2 SEPTEMBER 2009 CALENDAR MEDIATION & For a complete MBA calendar, please visit www.mbabar.org. 8 ARBITRATION September Thursday, OWLS Benefit and Fashion Show, Dress for Success 7 Visit www.oregonwomenlawyers. Monday, Labor Day – MBA closed org for details. 10 9 Thursday, October Multnomah Friday, November Multnomah Lawyer deadline Lawyer deadline

11-12 Friday, Professionalism Panel Friday-Saturday, OCDLA/NORML Discussion for Criminal Law CLE - All Things Cannabis Practitioners Because Mediation Visit www.ocdla.org for details. See Announcements on p. 4 for 15 details. Doesn’t End at 5. Tuesday, YLS Board meeting 14 Wednesday, MBA Absolutely 16 Social at University Club Wednesday, MBA Golf See insert for details. Championship and Dinner at Pumpkin Ridge 15 Visit www.mbabar.org for details. Thursday, MBA CLE ERIC B. LINDAUER Child Abuse Reporting 17 See insert or register at Attorney at Law Thursday, YLS PDE fall series www.mbabar.org. begins Experience. Patience. Persistence. See insert to register. 20 18 Tuesday, YLS Board meeting Friday, MBA CLE – Secondary 1000 SW Broadway, Suite 2400 Portland 503.223.2300 lindauermediation.com 21 Market for Life Insurance Wednesday, Practice See insert or register at Management Seminar: Internet www.mbabar.org. Marketing for Law Firms Congratulations to the gradutes of 19 See insert for more information Saturday, Juvenile Rights Project 23 Smith Freed & Eberhard’s Gala at Chinese Garden Friday, Campaign for Equal Black Belt Trial Advocacy Training Program Visit www.jrplaw.org/events.aspx Justice LAFF-OFF for details. Visit www.cej-oregon.org for 23 details. Wednesday, MBA CLE 26-30 Litigating a Trade Secrets Case Mon-Fri, Pro Bono Week See insert or register at www. mbabar.org. 27 Tuesday, Pro Bono Fair 24 Details to be announced. Thursday, Campaign for Equal Justice Young Lawyers Party 28 Under the Stars Wednesday, MBF Board Visit www.cej-oregon.org for meeting details. 25 Wednesday, OSB ADR CLE th Seminar at Stoel Rives Friday, OWLS fall CLE, 20 See Announcements on p. 4 for Anniversary and Award details. To enroll or to learn more about the Presentation Black Belt program, visit www.smithfreed.com Visit www.oregonwomenlawyers. org for details. Chris Grady, Jeff Eberhard (Program Leader), Brian Driscoll, Kyle Riley, Jenny-Anne Gifford, November Josh Hayward, Denny Freed (Program Leader), Jeremy Reeves, Lance Brooks, Doug Green, 29 Paul Sheely, Nicole Nowlin (not pictured), Cliff Wilson (not pictured) 3 Tuesday, MBA CLE – The Oregon Tuesday, MBA Board meeting Inheritance Tax See insert or register at 6-7 www.mbabar.org. Fri-Sat, OMA-U of O Law School 30 ADR Conference 111 SW 5th Avenue, Suite 4300, Portland, OR 97204 P: 503.227.2424 [email protected] See Announcements on p. 4 for Wednesday, Campaign for Equal details. Justice Marion/Polk County Luncheon 10 Visit www.cej-oregon.org for Tuesday, December Multnomah details. Jeff Batchelor, Mediator & Lawyer deadline Arbitrator, is recognized by his peers for competence, 17 professionalism and integrity. Lawyers who mediate with Jeff say October Tuesday, MBA CLE – Persuasive he never quits. Lawyers who arbitrate before Jeff know he lets Oral and Written Advocacy 6 See insert or register at them try their case, not his. Tuesday, MBA Board meeting www.mbabar.org. 503.295.3085 [email protected] 7 19 Wednesday, MBA CLE Thursday, MBA CLE Computer Forensics and High Tech Ethics MARKOWITZ HERBOLD Electronic Discovery See insert or register at See insert or register at LADE EHLHAF PC www.mbabar.org. G & M www.mbabar.org. L I T I G A T O R S

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3 MuLTNoMAH Lawyer

Ethics Focus By Mark J. Fucile, Fucile & Reising. ANNOUNCEMENTS What Baseball MBA Group Health Plan Open CASA Seeks Pro Bono Legal TheCL E will be followed Enrollment in September “Counsel on Call” by OWLS’ 20th anniversary Teaches us Please check details on p. 6 and CASA for Children is a 501(c) reception, and presentation insert. (3) nonprofit charity that exists to of the 4th annual workplace provide volunteer advocacy for leader award. Visit www. about Law MBA Professionalism Panel children who are removed from oregonwomenlawyers.org for Discussion for Criminal Law their parents and placed in state details or to register. Firm Risk Practitioners foster care. October 9, from 12:15-2:15 at the OSB Professional Liability Management Multnomah County Courthouse CASA Counsel on Call attorneys Fund (PLF) Offers Practical MBA Professionalism Committee would be asked, on a case-by-case Skills Seminar As we head into September’s Using Statistics. members will moderate what basis, to advise, counsel and provide This year’s LP F “Learning the pennant races, avid fans will be The available statistics offer much promises to be a lively panel guidance to CASA children and Ropes” seminar runs November quick to tell you that baseball is a more than simple academic discussion of professionalism judges. Volunteer commitments 4-6 at the DoubleTree Hotel game of statistics. Individual batting interest. They provide concrete issues for criminal law average about 10 hours per in Portland. New admittees and earned run averages for hitters guidance to Oregon lawyers on practitioners. Using a series of month. All prospective pro bono attending the full program will and pitchers, in turn, often tell two levels. hypotheticals, we will discuss counsel members must agree to satisfy the MCLE requirements the story of a team’s success in the matters of professionalism that a one-year service commitment for their first reporting period. “wins” column. Just as in baseball, On an initial level, because both arise for both prosecutors and to CASA for Children and attend The deadline to register statistics are also important to the claims and disciplinary defense attorneys. Panelists a one-day intensive training is October 28. For more law firm risk management.A gain statistics are broken down by include: Hon. Jean Maurer, (CLE accreditation pending) on information, visit www.osbplf. just as in baseball, individual practice area, they can tell us Multnomah County Circuit September 9. org or contact DeAnna Shields effort usually translates into which of the two present more Court Presiding Judge; Hon. at 503.639.6911. team results. We have a wealth significant risks to our particular Angel Lopez, former defense To volunteer, contact the recruitment of statistics on both civil and firms. For example, corporate, attorney and recently appointed coordinator at CASA for Children’s OSB ADR Section Mini-CLE regulatory claims available. If we securities and tax practitioners to the Multnomah County Multnomah County Office at Series use them effectively, they can offer typically make up an extremely Circuit Court bench; and Bruce 503.988.5115 or benjamin.f.james@ A seminar at Stoel Rives offices important guides for tailoring risk small share of bar complaints Green, Louis Stein Professor co.multnomah.or.us. is scheduled for October 28, 12- management to the particular each year. By contrast, those same of Law at Fordham University 1:30 p.m. The topic is Effective areas in which our firms practice. areas collectively present a distinct School of Law and Vice Chair Legal Aid Receives Grant Representation of Clients in segment of malpractice claims of the ABA Criminal Justice The MultnomahC ounty Office Mediation: Personal Injury and In this column, we’ll look at two each year—especially if measured Section. Participation is free and of Legal Aid Services of Oregon Employment Cases. Presenters primary facets of the statistics by claim severity. That said, it is a light lunch will be provided. is the recipient of a $37,988 grant include Bryan Gruetter, Clarence of law firm risk management. important to stress that both civil We are applying for two ethics from the Roscoe C. Nelson Jr. Belnavis and Jill Schmid of First, we’ll discuss the many and regulatory complaints involve credits. For more information, Fund for Pro Bono Law Services Tsongas Litigation Consulting. statistics available on the web or very real economic costs. Although please contact Helen Hierschbiel to the Poor, administered by the from similarly accessible sources. malpractice claims are covered at [email protected]. Oregon Community Foundation. ThisCL E is free to OSB ADR Second, we’ll suggest ways of by insurance, we all pay for that Nelson practiced law in Portland section members who have not using those statistics as a way to insurance through our annual PLF MBA Member Section for 52 years and helped the poor already attended a free mini- focus risk management in our assessment. Although regulatory www.mbabar.org by providing free legal services CLE in 2009; otherwise the cost throughout his career. is $15 for members and $25 individual practices. complaints are not typically Articles on marketing, practice for non-members. To register, covered by insurance, responding and technology tips are The grant will help fund the office’s contact Helle Rode at helle. What’s Available. to them almost always involves continually added to the member pro bono program that connects [email protected]. Comprehensive statistics on both significant expense—through section. The most recent ones volunteer lawyers with low-income civil and regulatory claims are direct payments to defense counsel, focus on going solo and ways for people in need of legal services. Beyond Heroes & Villains: The readily accessible on both a state time and attention diverted from firms to survive the economic These volunteer lawyers assist Power of Collaboration and national basis. In Oregon, the other work for the responding downturn. The interactive forum domestic violence survivors with The 23rdA nnual Oregon OSB Professional Liability Fund lawyer or both. in the Technology Corner is a restraining order issues, senior Mediation Association (OMA) and the Disciplinary Counsel’s useful place to pose questions citizens with civil legal issues and Fall Conference, presented by the Office publish very comprehensive On the next level, having identified and learn quick tech tips. But in other clients with a with a wide OMA in partnership with the U annual reports that are available the kind of risk that firms in order for it to be useful, we need range of civil legal matters. of O School of Law Appropriate via the web at, respectively, www. particular practice areas are people to participate in the forum Dispute Resolution Center, will be osbplf.org and www.osbar.org. most susceptible to, we can then and share tips. Try it out! Nationally, the ABA publishes an tailor internal risk management MBA Noon Time Rides November 6 & 7 at U of O School annual survey of lawyer discipline Gather at SW Yamhill and of Law in Eugene. programs to meet those risks. To MBA Classified Ads Now that is available through its Center Broadway between noon and return to the corporate practitioner Available on the Web for Professional Responsibility 12:10 p.m. on Mondays and There will be a keynote address example, the data suggests that All Multnomah Lawyer classified at www.abanet.org/cpr and Thursdays.C ontact Ray Thomas from Professor Larry Susskind many claims arise from asserted ads are now available online, at periodically publishes (most at 503.228.5222 with questions, or and many workshops to substantive deficiencies in the www.mbabar.org/Classifieds.htm. recently in 2007) a survey of meet at the start. build skills. The conference work involved. Given the highly Position ads have been available malpractice claims that is available is appropriate for mediation technical and ever changing nature for years. The MBA member cost in hard copy through its on-line Oregon Women Lawyers (OWLS) practitioners, attorneys and of, for example, tax practice, that to advertise in the classifieds is bookstore. At each level, the reports CLE and Award Presentation others interested in mediation is perhaps not surprising. It also $40 for the first 25 or fewer words both compile overall numbers, “Breaking Barriers: How Far We Have or other forms of conflict suggests that a principal focus and $.50 per word thereafter. and, more importantly for present Come, How Far We Have to Go” resolution. One and two day for risk management in an area Nonmembers pay $75 for the purposes, parse those numbers On Friday, September 25, 3 registration options will be like that includes regular training first 25 or fewer words and $.50 with a variety of filters, including pm, at the Waterfront Marriott available. To learn more, visit for firm lawyers and meaningful per word thereafter.I f you would practice area and claim type. Again in Portland, join OWLS in www.omediate.org or email internal peer review. By contrast, a like to place a classified ad, please at each level, the reports also track welcoming keynote speaker Sarah [email protected]. high percentage of bar complaints email your text to carol@mbabar. the numbers over time so trends Weddington - lawyer, professor in “retail” practice areas like org for a price quote. can be identified and assessed. The criminal defense, plaintiffs’ and women’s rights advocate. Classroom Law Project Oregon malpractice statistics are Announces New President personal injury and family law Take a Matter that Matters particularly instructive due to our Following the keynote address will Lewis & Clark Law School involve asserted lawyer-client Sign the MBA 2009 Pro Bono unique circumstance: all Oregon be an informative panel discussion Professor James Huffman communication issues. That, in Pledge at www.mbabar.org/ lawyers in private practice must with Holly Fujie, President, succeeds Oregon Supreme turn, suggests a risk management probono.htm and commit to taking carry insurance and we must buy California State Bar; the Hon. Court Justice Tom Balmer as focus on internal systems to ensure at least one pro bono case this year. the first layer of coverage through that clients understand the nature Darleen Ortega, Oregon Court board chairman. Huffman is the the PLF. The LP F’s statistics, of the proceedings involved, the of Appeals; Kris Olson, former Erskine Wood Sr. Professor of therefore, present a very specific realistic objectives and the status of US Attorney; and Janis Harwell, Law at Lewis & Clark Law School. profile of claims experience for their matters. in-house counsel, Intermec, Inc. Oregon lawyers. TheD isciplinary The panel will be moderated by Counsel’s statistics do the same for Katherine O’Neil. regulatory complaints. Continued on page 5

4 SEPTEMBER 2009

Ethics Focus Continued from page 4 Learn about With all practice areas, some fundamentals transcend the the long-term statistics. Consistent use of conflict systems and engagement care insurance agreements are basic tools of risk management that cross plans and practice areas. The former are required by both regulatory premium and fiduciary duties. The latter foster clear communication with discounts for clients in many areas that can later become flashpoints if not MBA members. adequately addressed at the outset of a representation, including who the client will be, the scope of the work involved and the An intimidating power suit is no fee structure. The effect of these “basics” are sometimes difficult to Mary Osborn, CLTC substitute for a good argument. Call We never feel any need to put on a show-of-force—in or out quantify, but, just as in baseball, 503.998.5902 are often best reflected in the of court. Litigators at our law firm know nothing is more team “wins” column. today Or email at: intimidating than a reputation for making good arguments. [email protected] Mark Fucile of Fucile & Reising handles professional to learn more. responsibility, regulatory and attorney-client privilege matters and law firm related litigation for lawyers, law firms and legal departments throughout the MARKOWITZ HERBOLD Northwest. His telephone and GLADE & MEHLHAF PC email are 503.224.4895 and LITIGATOR S [email protected]. All We Do Is Long Term Care Insurance PORTLAND I 503. 295. 308 5 I WWW. MHGM. COM

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Job Search Continued from page 10 PRACTICE LIMITED TO MEDIATION sent them an email (with my resume attached), inviting them to meet for lunch or coffee.C hoose something unique about yourself and find lawyers who share that bond; they Jeffrey Foote most often will be willing to meet with you. Make sure that you have a list of questions to ask them, Mediation because after all, you are the one who requested the meeting, so do not expect them to lead the conversation. Resolving issues relating to:

5) CLEs. Because you have the time Personal Injury/Product Liability now, you might as well get all the free or reduced rate CLEs you can. Professional Negligence There are two reasons for this: first, Jeffrey Foote, PC Business & Commercial Disputes when you do get a job, it will allow 503-228-1133 you to focus on that job because Employment Disputes [email protected] you will not have to take time off www.footelaw.com Construction Defects to attend CLEs. Second, CLEs are great networking opportunities; they allow you to meet with specific groups of people in narrow areas of practice. Even if you have reached your maximum required hours, if it is free, you might as well go because you could meet someone there who could help you out.

I was ultimately successful in getting a job in this economy and I think it had a lot to do with the above ideas. Not only did I make some Group great contacts, but also I built and developed skills both in law through contract work and in business through marketing myself. health Charles Marr is a 2008 admittee and is thankful to have found a job in this economy. insurance with a We Focus On Your competitive Clients’ Needs, edge Not Their Net Worth. Our Trust Officers bring personalized and confidential service to every one of our legal partnerships with experience and expertise in: • Living Trusts In cooperation with Multnomah Bar Association, • Irrevocable Trusts • Special Needs Trusts Providence Health Plan offers you quality health • Probate insurance, stable premiums and a work-site • Business & Timber Holdings • Guardianships wellness program for your fi rm. We stand ready to serve you and your clients whenever Choose your doctor: Enjoy discounts on gym memberships, the appropriate need arises. For a private consultation, call: • The most clinics in Portland an online personal health record, wellness tools and our free 24/7 John Strohecker • In-plan access to more than Providence RN medical advice line. SVP/Trust Division 540,000 providers, nationwide Direct Line: 503.306.5374 Ask about our value-based Outside Portland: 800.340.8865 • Access to out-of-network doctors benefi t designs and health 1001 S.W. 5th Avenue Suite 250 with an open option plan savings account options. Portland, OR 97204 • Convenient access to www.cowlitzbank.com Contact Steve Doty at specialists, without a referral Northwest Employee Benefi ts at 503-284-1331 or [email protected] A DivisioA DIVISIONN of OF CCowOWLITZ LBANCORPiTz B ANCorp — YOUR TRUSTED BANK SINCE 1978 —

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power of eminent domain in Rd. #552, Clackamas OR 97015. 2006 to save the building. His New phone is 503.805.6988, efforts caught the attention fax 503.658.7394, email lisa@ AROUND THE BAR of stakeholders from the Lair millerarbitration.com. Hill Project, the State Historic Preservation Office, and Portland’s Italian-American Multnomah Country Circuit community, a group associated Court. Practicing law since with originally settling the 1994, Rees is experienced in downtown neighborhood. TriMet complex business litigation, relinquished interest in the with proficiency in class actions, property in 2008. customer-securities broker disputes, insurance coverage issues, contract and real property disputes and accounting malpractice cases.

Joseph Franco

Lisa A. Amato Michael A. Yoshida MARKOWITZ HERBOLD ET AL Joseph Franco has joined MEYER & WYSE LLP MARTIN, BISCHOFF ET AL the firm as an associate. His Lisa A. Amato has joined Bruce C. Hamlin has joined the practice will focus on complex the firm as of counsel, where firm as of counsel. Joan Claire commercial litigation. she continues her practice Gilbert and Michael A. Yoshida of counseling employers on have become associates. The Around the Bar column Lisa Miller employment-related matters, reports on MBA members’ moves, assisting federal contractors with LISA ALMASY MILLER transitions, promotions and other affirmative action programs and Lisa Miller, formerly of Dwyer honors within the profession. The compliance, and representing & Miller, LLP, has opened a deadline is the 10th of the month employers and management in new office. After nearly 20 preceding publication or the employment litigation. years of serving as a part-time previous Friday if that date falls on Carrie Richter neutral, she has decided to limit a weekend. All items are edited to fit column format and the information GARVEY SCHUBERT BARER her practice to mediating and is used on a space-available basis in Carrie Richter, a member of the arbitrating civil, family and the order in which it was received. firm’s land use practice group, employment law cases. Her new Submissions may be emailed to was appointed to the American address is 12042 SE Sunnyside [email protected]. Planning Association’s Amicus Committee, where she joins Edward J. Sullivan, who has Ryan C. Fox served since 2003. The committee submits amicus briefs on behalf of the organization in state Overworked? and federal courts in cases of importance to the planning Need help with a project? profession and the public interest. Richter is a senior associate who “It’s better than any employment agency.” represents business, communities —John O’Neill of The O’Neill Law Firm Stephen L. Brown and government entities in land use planning and municipal law. GEVURTZ MENASHE The firm has added Stephen Lewis & Clark’s Ad Hoc Contract Legal Services L. Brown as an associate. His Program connects lawyers seeking help with short- practice will focus on divorce, term projects to our talented alumni and students. custody, support and prenuptial We charge nothing for this service. You interview agreements. applicants and negotiate the project wages and Jeff Bird hours directly with our graduate or student. SCHWABE WILLIAMSON & WYATT Each year, Latino Leaders magazine names 101 top influential Hispanic leaders in the US. This year, Román D. Hernández was ranked number 43, based on a variety of factors including his position as Conde Cox president-elect of the Hispanic GREENE & MARKLEY National Bar Association. The firm has added Conde Cox as counsel, where his practice Ryan C. Fox, a new associate, focuses in complex Chapter 11 go.lclark.edu/ad_hoc | 503-768-6608 | [email protected] Bruce C. Hamlin joined the firm’s intellectual cases, workouts, bankruptcy property practice group, court litigation and insolvency where he specializes in patent tax planning. prosecution. ACKER & ASSOCIATES Jeff Bird, a firm shareholder, On September 12, the official BODYFELT MOUNT LLP has been appointed to serve opening of TriMet’s Green is pleased to announce that on the National Association of Line service will signify a Vicki M. Smith has become a partner with the firm. Corporate Directors Portland major expansion of Portland’s Advisory board. progressive mass transit system. Randal Acker, whose three- Vicki’s trial practice will continue to Bird focuses his practice in person law firm is housed in focus on defending construction defect, the areas of complex business an 1894 Queen Anne across insurance coverage, and professional transactions. the street from the new transit negligence matters. mall’s Jackson Street turnaround, STOLL BERNE became involved when the Joan Claire Gilbert Governor Ted Kulongoski historic building was targeted appointed Stoll Berne partner for demolition through TriMet’s David Rees to be a judge on the 707 SW Washington, Suite 1100 Portland, Oregon 97205 / (t) 503.243.1022 (f) 503.243.2019 7 MuLTNoMAH Lawyer Tips from the Bench MBA Committees By Judge Marilyn E. Litzenberger, Multnomah County Circuit Court. Each year, MBA members between the MBA membership, For an easy to understand serve on committees designed the local judiciary, the court synopsis of the methodology to address member needs and administrator and with other used by Oregon courts general issues affecting the local area courts. to interpret statutes and profession. In this issue, we constitutional provisions, you have included a synopsis of each may wish to consult the helpful committee’s charge for the year chart Justice Virginia Linder and contact information for the prepared and discussed at OLI’s current committee chair. If you recent CLE seminar titled, “The have any ideas or concerns to Oregon Constitution: 150 Years share about a particular area, in the Making.” please contact the chair, MBA President Leslie Kay, or the MBA Special Jury Instructions staff at [email protected]. Stephen Connolly Special jury instructions can help you win your case. The introductory section of the OSB New legislation and recent Uniform Civil Jury Instructions decisions of the Oregon Supreme handbook includes tips on how Court and Court of Appeals to craft special jury instructions. generate these “tips” for trial Special jury instructions take John Connors lawyers in civil practice. time to prepare, especially if they are going to be effective. You Equality Filing Fees – Effective July 1 can expect opposing counsel to Chair: John Connors, object, so be prepared to explain Metro Public Defender Inc., Hard times. The 2009 Legislature 503.225.9100 approved new filing fees for to the judge why your instruction is a correct statement of the law. Promotes equality in the circuit courts effective July 1.The profession and identifies ways current filing fees can be found Alert the trial judge at the first possible opportunity to your in which the MBA can promote on each circuit court’s webpage. diversity in the practice of law requested special instructions so Mark Hackett Richard Vangelisti For Multnomah County Circuit through outreach to minorities. Court, the fees are posted the judge can begin to familiarize at: www.ojd.state.or.us/mul/ him or herself with the case law Continuing Legal Education that supports your request. If FeeSchedule/Documents/ Chair: Mark Hackett, Mark J. your requested instruction turns MCCCFeeSchedule.pdf Hackett, 503.288.5060 on interpretation of a statute, Plans, conducts and evaluates consider submitting legislative Now, this was news to me: approximately 30 CLE seminars history as well. The court clerk is authorized a year geared toward attorneys to collect fees associated with in practice 10 years or more. outgoing or incoming facsimile Summary Judgment Motions The curriculum reflects areas in transmissions “as a courtesy Some lawyers and judges which MBA members practice. convenience for parties, the attribute the increasing cost of public or counsel” at the rate of litigation to the practice of filing $2 for the first page and $1 for summary judgment motions each additional page. It may be that are rarely granted. Summary less expensive to hand deliver judgment can be an effective bench copies for the judge or way to narrow issues for trial, even better yet to use a stamp and in certain cases. In others, the Akira Heshiki the US Postal Service. It will keep practice may dispose of the them in business a bit longer. case completely. Contrary to Dylan Cernitz Confidentially screens judicial and popular belief, about one-third pro tem candidates in accordance Additional fees go into effect on of the summary judgment with the MBA’s process. October 1, including a fee of $50 motions filed are granted and per party for judicial settlement affirmed on appeal. This is not an Membership conferences. It will also cost invitation to file more summary Chair: Akira Heshiki, you $10 to present an order or judgment motions, but merely Standard Insurance Company, judgment ex parte. a suggestion to read the case Kristin Winnie Eaton 971.321.8446 law closely and be alert to when CourtCare Committee Recommends recruitment and Statutory Construction it may be appropriate to seek Chair: Kristin Winnie Eaton, retention efforts to ensure that the Legislative Intent summary judgment and when Yates Matthews & Eaton, MBA’s membership reflects the Pleading motions frequently raise it is not. Keep in mind that the 503.224.7077 diversity of the legal profession issues of statutory construction. distinction between speculation This committee’s primary goal in the Portland area. Plans social In State v. Gaines, 324 Or 160 and reasonable inference may be is to run the annual CourtCare events, including WinterSmash, (2009), the Oregon Supreme difficult to discern when a claim Fundraising Campaign, to be which benefits Multnomah Court modified the familiar PGE turns on reasonableness. The held in the spring of each year. CourtCare. v. BOLI analysis by allowing evidentiary record in these cases courts to consider legislative is critical. See, e.g., Brandt v. Tri- Kelly Evans history at the first level of County Metropolitan Trans. Dist., statutory analysis even when the WL 2382955 (August 5) and Golf court finds the text and context Becker v. Pacific Forest Ind., 229 Co-Chairs: Dylan Cernitz and of a statute are unambiguous. If Or App 112 (June 17). Kelly Evans, Gevurtz Menashe, you are filing a motion to dismiss 503.227.1515 that turns on how a statute Attorney Fee Petitions Plans, publicizes and conducts should be interpreted, you may Last month’s decision in Rogers golf tournaments between April want to include the applicable v. RGIS, LLP, WL 2105289 (July and September, including the legislative history in your brief as 15) reminds lawyers of the MBA Members’ Championship an adjunct to the cases that have importance of keeping detailed Tournament, which benefits the already interpreted the statute descriptions of the hours devoted Volunteer Lawyers Project at LASO. or like terms in a similar statute. to prosecuting or defending Under Gaines, courts are free to individual fee-bearing claims. Group Health Insurance give legislative history the weight It also affirms a trial court’s Chair: Stephen Connolly, the court deems appropriate. discretion to award fees based on Garvey Schubert Barer, Helen Hierschbiel Further insight into how courts a contingency agreement where Dana Scheele 503.228.3939 weigh legislative history can be insufficient time descriptions Monitors quality, low-cost health Professionalism found in subsequent opinion by are provided, if the trial court Court Liaison and other insurance options for Chair: Helen Hierschbiel, OSB, the Court of Appeals in State v. concludes that such a fee would Chair: Dana Scheele, Hoffman MBA members and negotiates 503.620.0222, Ext 361 Kelly, 229 Or App 461 (July 8). be reasonable. Hart & Wagner, 503.222.4499 the annual health plan renewal. Manages activities that promote Serves as the MBA’s interface with professionalism in the legal the court and fosters dialogue Judicial Screening community and assists with the Chair: Richard Vangelisti, nomination and selection process Vangelisti Kocher, 503.445.2101 for the professionalism award. 8 SEPTEMBER 2009 Profile – Judge David Rees, Multnomah County Circuit Court By Bear Wilner-Nugent, Counselor and Attorney at Law and Court Liaison Committee member.

D avid Rees, one of volunteered at the Berkeley civic-minded, and Judge Rees the kindness of his colleagues, Multnomah County’s three Community Law Center. Rees exemplified that, serving on the who have welcomed him and newest circuit court judges, served as the articles editor on Council on Court Procedures shared intellectual and personal comes to the bench from a civil the Ecology Law Quarterly. He and in leadership roles with resources from day one. He trial practice with a wealth of spent his first summer clerking the OSB Pro Bono Committee inherited Judge Bearden’s staff, experience and an excitement for with the San Francisco City and and Oregon Trial Lawyers who have been invaluable. He learning new areas of the law. County Attorney’s Office. Association (where he sat on is now working in the Justice both the Board of Governors and Center handling arraignments, Judge Rees was raised and After his second year of law school, the amicus committee). and will soon be on a trial educated in California. After Judge Rees worked as a summer rotation. He feels that he is doing graduating from Stanford associate at the firm that would A call to public service and the important work and that every University in 1989 with a degree soon hire him, Stoll Berne. He was challenge of learning many new day is exciting. in applied earth science, he attracted to trial work because it areas of law impelled him to apply wasn’t sure whether to pursue The chief message Judge Rees has was a natural fit for his personality. for the bench. He thought that Judge David Rees environmental engineering or He and his wife had surveyed the process we use for picking for the counsel who will appear environmental law. After a few a number of potential cities in judges in Oregon was both before him is to communicate don’t communicate. In that vein, years spent working as a land use which to make their home, and fair and personally valuable to with each other. A particularly he hopes people leave his court planner in his native San Diego, Portland, with its outdoorsiness him, considering how much it valuable piece of advice he thinking that he’s heard them and he came down on the side of law. and livability, topped the list. As prompted him to think about the got when he was starting out that he’ll make the best call he can He had many examples to follow: it happened, he spent the next progress of his career and what in practice was that opposing based on the positions the litigants at least six other family members 15 years working happily at the qualities he has admired in judges counsel needed to sit down and have communicated to him. (a number that would later come firm as a commercial litigator. before whom he has appeared. get to know each other over to include his wife Linly Rees) are His emphasis was in securities He also noted that, not counting lunch. That was true then and it Judge Rees brings approachability, lawyers practicing in a diversity litigation. himself, recent appointments are remains true. It is important to broad trial experience and the of specialties. “really top-notch.” build up a rapport and to create ability to facilitate relationships to Upon moving to Portland, he trust with opposing counsel and the bench. All of us who have the He attended Boalt Hall, earning was pleased to discover the The collegiality that Judge Rees to keep the focus on the factual good fortune to appear before him his JD in 1994. There, he helped openness and collegiality of the found in Portland’s bar has and legal issues that need to be will, it seems clear from the get- found the environmental law bar. The legal system here, to his followed him to the bench. decided. Sometimes resources go, be grateful for those qualities. community clinic, and also mind, is “user-friendly.” It is also He has been overwhelmed by are wasted just because people Román Hernández Leads Hispanic National Bar Association By Judy A. C. Edwards, MBA Executive Director.

to full citizenship that includes After graduating from Oregon family relationships, influenced his through hard work and education. meeting benchmarks, rather than State University, attending on life from an early age. “They did “I’m living the American dream.” instant amnesty. The bar also an ROTC scholarship, he served so much with so little.” His parents supported increased border security. in the Air Force for five years, understood the need for their Hernández focuses his practice ending the stint as a Captain. children to pursue an education, in the areas of employment law, Hernández was first attracted to the Subsequently, he enrolled at Lewis especially since his father had no labor law and business litigation. HNBA when he attended the bar’s & Clark Law School. formal education and his mother His employment and labor moot court competition as a law just a fifth-grade education. Even employer clients represent a wide student, an eye-opening experience. Asked to comment on the so, his father taught himself how to range of sizes. His favorite part The dramatic sense of community confirmation ofH on. Sonia read and write and got a job with of his practice is, “working with caught his attention and his heart Sotomayor, he said that “When the railroad. Hernández’ inspiring my clients, the people behind the has been in it ever since. He she takes a seat on the US Supreme story shows how a person born corporate or business entity and previously served the organization Court, it will be an historic event into a family with little means or assisting with their problems, plus as one of 19 regional presidents for all Americans. It will be a education, can achieve so much the people I work with at Schwabe.” (Northwest region) for five years, proud day for America and for the then as national vice president of co-equal branch of government programs, followed by president- that someone from such very Román Hernández, a elect. Deciding to run for president- humble beginnings could achieve, shareholder at Schwabe, elect was a difficult professional through hard work, discipline Williamson & Wyatt, began a decision because he knew the and education, such an important one-year term as president of the position would involve a great position in the country. Her Hispanic National Bar Association investment of time and resources. impeccable talents, qualifications (HNBA) this month. The national He was delighted that he “could and 17 years on the federal bench Group Health Plan organization represents over muster the votes to get elected.” will add significantly to theUS 100,000 judges, lawyers, law Taking over the leadership reins of Supreme Court.” students and paralegals. the national organization is one of his “most rewarding moments.” Hernández understands humble Open Enrollment His goals as president will be beginnings. He is the youngest of in September to continue to focus on the The localO regon Hispanic Bar eight children and a first-generation professional development of Association began when four American. His parents came from Hispanic lawyers, provide outreach people, including Hernández, sat different parts of Mexico, with little September is Open Enrollment month for the to them, address public policies around a table discussing CLE education but with great ambition, MBA’s Group Health Insurance Plan. Existing that affect them and their rights programs. Now, seven years later, willingness to work hard and plan subscribers may make changes to their as lawyers and access to justice for the organization celebrates its appreciation of education for their plans, and MBA members who are not on a the Hispanic population in general. fourth year as a formal bar. future children. On days his father He will participate in the HNBA’s wasn’t working for the railroad, he plan can enroll. For detailed information, see congressional lobbying on issues Pursuing a legal education is the and the family worked on farms the insert in this issue or call Steve Doty of important to Hispanics, including best decision Román believes he to help meet the family’s basic Northwest Employee Benefits at 503.284.1331. comprehensive immigration has made. He hadn’t considered it needs. As part of the family, he reform. The bar has supported until a fellow Air Force officer, also helped harvest onions for instance, previous legislation seeking to a lawyer, suggested that he attend receiving just 16 cents per bushel find legalized status for the 14 law school after he finished hisA ir for the backbreaking labor. The million undocumented workers. Force career. He hadn’t known any sacrifices his mom and dad made Specifically, the bar has supported lawyers before. to move to the US, giving up their permanent residence with a path home life, culture, language and

9 MuLTNoMAH Lawyer

YLS Committees

YLS members serve on Days, Dropout Prevention video committees designed to address presentations at local schools, member needs and general volunteer hearings officers for issues affecting the profession. Multnomah County Animal Young In this issue, we have included Services and the Imprint a synopsis of each committee’s Program, which pairs attorneys charge for the year and contact with middle school students. information for the current Lawyers committee chair. If you have any YLS YOUthFILM Project ideas or concerns to share about Committee a particular area, please contact Chair: Ted Broberg, Stoel Rives the chair, YLS President Justin LLP, 503.294.9326 Section Leonard, or the MBA staff at The committee organizes the [email protected]. YOUthFILM Project video contest for students on various William Glasson democracy-related topics, YLS Wins National Award distributes Domestic Violence: culminating in an awards A Guide to Your Rights, Youth ceremony and public screening. for its Summit Faces the Law: A Juvenile Rights Handbook and, jointly with the The MBA YLS received an ABA OSB, the Pro Bono Opportunities Young Lawyers Division (YLD) in Oregon handbook. It also helps Award of Achievement for the YLS organize the annual Pro Bono Fair. Summit as the Best Single Project/ Service to the Bar among voluntary bar associations of comparable size. The summit took place in March at the Portland Hilton. The event was free to attend, and attendees engaged in roundtable discussions regarding Duke Tufty diversity in the legal profession and pressing issues facing young lawyers. YLS Professional Speakers at the event included Frank Development and Education Collin McKean Garcia, Cashauna Hill and Ellen Committee Raim. The summit concluded with Chair: Duke Tufty, Davis Wright a presentation by legal aid lawyer Tremaine LLP, 503.778.5209 Ed Johnson and a social event with This committee organizes all a raffle for theC ampaign for Equal Liz Acee, YLD Chair, presents CLE seminars presented by the Justice. The summit was planned Andrew Schpak with the YLD YLS, as well as non-CLE career Jodie Ayura and implemented by a committee Award of Achievement development presentations; past comprised of Sarah Brown, Adam topics included networking, YLS Service to the Public Gamboa, Jason Hirshon, Heather Lee, Rebecca Lindemann, Andrew business development and Committee Schpak and Nicholle Winters. The summit was generously sponsored by: financial planning. Chair: Jodie Ayura, Bodyfelt Barran Liebman; Schwabe Williamson & Wyatt; Perkins Coie; Bodyfelt Mount LLP, 503.243.1022 Mount, LLP; Gevurtz, Menashe, Larson & Howe PC; Harrang Long The committee gives lawyers Gary Rudnick P.C.; Yates, Matthews & Eaton, P.C.; Oregon New Lawyers opportunities to become Division; OSB Diversity Section; Sussman Shank; and the ABA Young involved in the community. Lawyers Division from a grant by the ABA Fund for Justice and Education. Projects include Community Sarah Petersen Law Week, Community Service YLS Futures Committee Job Search Tips Co-Chairs: Collin McKean, By Charles Marr. Gevurtz Menashe et al, 503.227.1515 and Sarah Petersen, Bullard Smith Jernstedt Wilson, I graduated from Lewis & Clark 503.248.1134 Law School in May 2008 and passed This committee works to identify the bar that summer. I recently and study issues surrounding the concluded an 11-month long job “Generation Gap.” The committee search. I thought some members of writes articles, organizes events, the bar might find these tips useful. Rachel Amatuzzi and plans to develop model None of this information is original YLS Membership policies in order to help the local to me; I received a great deal of Committee practice of law evolve smoothly help, guidance and support from Chair: Rachel Amatuzzi, and efficiently. the Lewis & Clark Career Services Ted Broberg Office. Here is what I did: Brooksby Kaempf PC, do not. The OSB Web site has a list 503.295.7755 1) Contract work. This is a great of “certified” pro bono programs The Membership Committee way to “interview” with attorneys or that do not require PLF coverage. assists in the recruitment and just gain some relevant experience, involvement of YLS members by resume material and possibly a 3) Go to every single networking coordinating a variety of social YLS Baseball Event is a reference. These opportunities opportunity. I am a member activities designed to increase can be found through your law of the MBA YLS, American professional and personal Home Run school’s career services department, Constitution Society, and a few interaction. It also publishes the Craigslist, and by word of mouth. other organizations. I went to every

New Admittee Survival Guide. On July 16, nearly 50 members of YLS and the Financial single meeting because getting a 2) Volunteer. There are many Planners Association NexGen gathered to watch the job was my job, and I would not opportunities to volunteer. Some YLS Pro Bono Committee Portland Beavers roust the Salt Lake Bees 8 to 4 at PGE get a job by sitting at home. So, as allow you to assist without taking Chair: William Glasson, Park. Portland’s weather cooperated, and attendees fruitless as some of these meetings on any clients and some allow Scarborough McNeese et al, networked and cheered on the Beavers in the warm summer seemed, every once in a while, I you to take a case from start to 503.224.6383 sun. Thank you to Brooksby Kaempf PC, which generously would meet someone who would finish. I volunteer at St. Andrew The Pro BonoC ommittee sponsored the joint event. The baseball game was a fitting give me contract work or pass my Legal Clinic. They do family law, coordinates the Nonprofit end to a successful YLS year and we look forward to more name and resume along. Project, Attorneys for Youth and events with NexGen in the fall. which is not what I want to do, but encourages involvement in pro volunteering allowed me to gain 4) Reach out to lawyers who have bono service. It publishes and good experience (and help people) something in common with you. while filling in the job gap on my Two unique things about me are resume. I met other attorneys, and that I am from Nebraska and I am I got a great reference from it. The a member of Sigma Nu Fraternity. problem with volunteering is that So, I Googled Portland attorneys some places require you to have that were either from Nebraska or PLF coverage; however, St. Andrew were members of Sigma Nu and and Legal Aid Services of Oregon 10 Continued on page 6 SEPTEMBER 2009

Family & Friends at McMenamins Edgefield PRO BONO VOLUNTEERS Tournament Results First place team: Michael Dwyer, Thanks to the following lawyers and law students, who donated Caitlin Dwyer, Julia Hagan, their pro bono services in June and July via the Volunteer Lawyers Michael Murphy Project, the Senior Law Project, Community Development Law Putting contest winners: Hilary Center, law firm clinics, the Oregon Law Center, the Nonprofit Young, Rocky Tilander Project, St. Andrew Legal Clinic, Catholic Charities Immigration First place man: Michael Dwyer, Legal Services, Lewis & Clark’s Small Business Legal Clinic, David Hubbs (tie) Children’s Representation Project and Attorneys for Youth. To learn First place woman: Caitlin Dwyer more about pro bono opportunities in Multnomah County, check KP man: Scott Leibenguth out the Pro Bono Opportunities in Oregon handbook, available at KP woman: Kim Tilander www.mbabar.org/docs/ProBonoGuide.pdf. Long Putt man: Guy Walden Long Putt woman: Judy Edwards Rose Alappat Rebecca Lindermann Most Colorful Attire: Shawn Matt Arbaugh Douglas Lindgren Garza (age 15), Julia Hagan, First place team Jeffrey Armistead Julie Lohuis Anna Shaff (age 11) Nicholas Baldwin-Sayre Carol McCaulley Most Creative Swing: Tyler Stephanie Barrie Tim McNeil Volm, Caitlin Dwyer, Vandon David Bean Nathaniel Monsour Haugen (age 8) Paul Berg Christine Moran Greatest Opportunity for Brittany Berkey Greg Mowe Improvement: Mike Edwards, Richard Biggs Violet Nazari Kelly Palin, Kadon Haugen (age 5) Tami Bishop Carl Neil Beat the Staff winners: Michael Carson Bowler Roscoe Nelson Dwyer, Caitlin Dwyer, Julia Jacob Braunstein Michael O’Brien Hagan, Michael Murphy, Scott Richard Brownstein James O’Connor Leibenguth, Kim Tilander, Jennifer Welch Bruce Susan O’Toole Rocky Tilander, Tom Graves, Candice Carr Jennifer Oetter Mike Edwards, Vandon Haugen, Thomas Chow Jonah Paisner Kadon Haugen, David Hubbs Jennifer Connelly Judge Elizabeth Perris Fun judges surround MBA ED Zach Cooper Roger Priest Jr. The MBA thanks Presiding Judge Carol Corey Charles Pruitt Jean Kerr Maurer and MBA Craig Cowley Helen Pruitt President Leslie Kay for being RICHARD G. SPIER Claudia Cullison Guy Randles our “Fun” judges. Thanks also ARBITRATOR & MEDIATOR Douglas Cushing Dan Rosenhouse to: the Oregon Women Lawyers Jeff Davis Joshua Ross Foundation for co-sponsoring Peter Davis Bruce Rothman this event; to everyone who Marti Dell Gerard Rowe participated in the putting contest Nikki Dobay Gabriela Sanchez and donated to Legal Aid Services Chris Edwardsen Wolfgang Georg Senft of Oregon - we raised $250! Our Michael Elson Ashlee Sharp thanks to all who donated prizes Patricia Flanagan Richard Slottee and promoted the golf outing and Randy Foster Vicki Smith to the families and friends who Jon Fritzler Scott Staab came out to have fun and made Anne Furniss Marshall Stagg this event a success. Samantha Gamboa Anne Steiner Dan Garrison Ellyn Stier Highly experienced–full-time neutral since 1992 David Gray Sandra Stone � Tanya Griffin Ray Streinz Business & commercial; personal injury; employment; John Griffiths Kim Sugawa-Fujinaga real estate & construction Don Grim Karl Tjerandsen � Stacy Hankin Bruce Towsley Listed for Alternative Dispute Resolution in Krista Hardwick Trinh Tran The Best Lawyers in America® Caroline Harris Crowne Todd Trierweiler Darius Hartwell Ted Troutman 503-284-2511 William Hedges Alan Unkeles Fax 503-284-2519 Launa Helton Evans Van Buren [email protected] www.spier-mediate.com Theressa Hollis Justice Van Hoomissen George Hoselton John Vandenberg Most colorful attire 2536 N.E. 28th Avenue � Portland, Oregon 97212-4916 Amie Jamieson Richard Vangelisti Ed Johnson Aaron Varhola Michael Jones Kathryn Villa-Smith Riverside Golf COUNSELING Trevor Jones Jay Waldron Sam Justice Britta Warren & Country Club Josh Kadish Jere Webb Garry Kahn Beate Weiss-Krull Tournament Eric Kearney Monica Wells Results Karen Knauerhase Todd Wilkinson Scott Kocher Peter Willcox-Jones Thirteen groups teed off at Cara Lacy Charlie Williamson Riverside Golf & Country Club Linda Larkin Terry Wright on June 30. Carol Lavine Whitney Yazzolino First place team: Dan Vidas, Elizabeth Lemoine Judge Garr King, Steve Werts and Jeff Rogers John Davenport J.D., L.P.C. Licensed Professional Counselor Second place: Chris Blattner, Tom Lombard, Don Thacker and Dunbar Carpenter Using my experience as a counselor, lawyer, veteran to understand and help with • Career concerns, stress, anxiety • Transitions, relationships • Trauma, effects of war, PTSD • Mood and adjustment disorders • Personal and professional growth

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11 MuLTNoMAHMuLTNoMAH LAWYERLawyer OCTOBER 2007 What I Did on My Summer Vacation By Michael Dwyer, MBA President-Elect.

A week at Harvard University Cloke’s mediation class was one of heart and mind. Cloke stressed that in mid-July hardly cracks several offerings. Fox, a lecturer we customarily opt for resolving the usual list of top summer at Harvard Law School, led a class conflict at a superficial level: the vacation ideas. But the chance called Beyond Yes One, referring level of mere settlement. Mediators to participate in a cutting-edge to the negotiation bestseller co- afraid of radical open-heartedness, program integrating Western authored by Fox’s mentor, Roger or unskilled at handling the conflict resolution with ancient Fisher of Harvard, but cross- deepest levels of conflict, miss the Eastern wisdom and meditation fertilizing negotiation techniques opportunity to help people achieve traditions was educational, with insights, skills and spirit- deeper levels, including forgiveness, inspiring and transforming. energy to enable negotiators to transformation and transcendence. operate at their highest levels of �� Judges, mediators, and lawyers body and mind. Before class each morning, we �� gathered from all over the world for participated in either a movement two, week-long sessions. My own In the second week, a prominent or yoga class followed by 30 �� Advanced Mediation class with trio offered emerging roles for minutes of guided meditation. �� world-renowned mediator Ken lawyers. David Hall’s new book e demonstrated benefits of Cloke drew attendees from every captures the spirit of this class. It is incorporating meditation into �� corner of the globe and the US. entitled e Spiritual Revitalization a professional practice include Peter Glade of theKerry Legal Shepherd Profession: A Search for increased empathyDavid Markowitz and insight, Sponsored by the Harvard Sacred Rivers. reduced reactivity, and greater Negotiation Insight Initiative attention and attunement. Harvard, TEMPORARY & PERMANENT PLACEMENT (HNII), a relatively new offspring A dominant theme running Yale and other top law schools have of the Project onMarkowitz Negotiation at through Herbold the program Glade is that to &offered Mehlhaf courses in :meditation, and LEGAL NORTHWEST the law school, the# program is resolve conflict with others at a several top-tier law firms have held the brainchild of its1 executive in commercial deep and enduring litigation level, we must. Againtrainings. for For lawyers. the STAFFING SPECIALISTS director, Erica Arielfi fth Fox. consecutive year,first ourwork fi onrm ourselves. has been We recognized can by the Chambers e program’s mission is “to establish peaceful resolution of HNII also holds autumn broaden and deepenUSA theClient’s way we Guide conflict to America’s with others Leading only if we Lawyers – workshops. for Business e MBA as is discussing understand, teach, and practice mediators, negotiators and judges a joint HNII-MBA conference to negotiation and #dispute1 for litigation resolution in Oregon.– bring an authentic, peaceful be held in Portland next year. by integrating insights from the presence into the mediation or �� world’s ethical, philosophical,Chambers USA and singledsettlement out arena.Peter ToGlade do that, and we Kerry ShepherdMichael Dwyer as leadersis a mediator and 700 SW Taylor Floor 2 spiritual traditions.” must be fully engaged in body, lawyer with Dwyer & Miller, and �� in their fi eld, and Dave Markowitz as one of the nation’s top trial lawyers. Portland, Oregon 97205 is the President-Elect of the MBA. ��Tel 503-242-2514 We thank our clients, as well as Oregon’s legal community, for ��Fax 503-274-7895 ��www.legalnw.com acknowledging the value of a good argument. [email protected]

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NWIC_Lawyer ad_REV1.indd 1 9/7/07 9:26:02 AM SEPTEMBER 2009

30 Years Experience as Eli D. StutSman a Trial Judge in APPELLATE PRACTICE Multnomah County Civil and Criminal Appeals More than 1,000 trials State and Federal Courts DEDICATED TO EFFECTIVE DISPUTE RESOLUTION 503-274-4048  Fax: 503-274-4059 [email protected]  www.elistutsman.com United States Mediation and Arbitration 621 SW Morrison Street, Thirteenth Floor  Portland, Oregon 97205-3816 503-223-2671 503-780-5505 (Cell) [email protected] Family Law: 500 W. 8th Street, Suite 55, Vancouver WA 98660 Phone: 360-737-9887 Fax: 360-737-9817 jkrane@kraneﬁneart.com trust Fine Art Appraisal Services Divorce, Since 1970, Krane Fine Art has provided Custody, Support Art Appraisals of all works of Art Written appraisals for the purpose of: If you’re facing tough legal  Asset and Divorce Appraisals issues, you want an attorney  Estate Settlement who will protect your family.  Insurance Coverage  Corporate Art Appraisals Someone with that special  Liquidation balance of sensitivity and We evaluate quality, subject and popularity of works of art tenacity who can help you and give perspective on their present value and long range feel secure. Someone who potential. knows the law, and your Fine Art Sales and Service neighborhood, too. For nearly Krane Fine Art provides assistance in liquidations of ﬁne 30 years we’ve limited our art collections. We specialize in providing advice in selling to practice to just family law. appropriate markets to obtain the highest value. That’s over a quarter century of doing one thing very well, on both sides of the river. Zach Fruchtengarten, your advocate in Washington & Oregon

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Call 866.376.0950 or visit www.a niscape.com/mbabar A niscape Merchant Solutions is a registered ISO/MSP of Harris, N.A., Chicago, IL 13 MuLTNoMAH Lawyer CLASSIFIEDS Space and fax with five attorneys. Walk THE UNITED STATES To be considered, interested downtown Portland and close-in to courthouse. Call David BANKRUPTCY COURT, applicants should submit a SE and NE locations. Reasonable AVAILABLE OFFICE 503.295.3025. DISTRICT OF OREGON cover letter, résumé, and salary rates. To learn more, go to Lloyd Center Area - One nice sized Is accepting qualified applications requirements via email to: www.paralegalpdx.com. office with clerical station in newly OREGON CITY OFFICE for the position of Clerk of Court [email protected]. remodeled suite, in congenial office John Henry Hingson III has one in the Portland office. This is a Klarquist Sparkman LLP is an share with five other attorneys. Two office available in his building high level management position equal opportunity employer. Miscellaneous conference rooms, kitchen, shower, at 409 Center St., Oregon City. which functions under the direction www.klarquist.com. BRITTLE & BRITTLE PC IS A reception services, copier/fax, DSL, Close to elevator; off-street of the Chief Judge. Detailed HUSBAND-AND-WIFE TEAM clerical services available on hourly parking; law library; conference information about the position OF LAWYERS basis. Free parking for clients. $750/ room; share copier, fax, etc. with including qualifications, duties, Services We are starting a group for similarly mo. for first six months ($55 parking/ three other lawyers. and application procedures can be FREELANCE PARALEGAL situated lawyers in the metro mo.), $950/month after first six months. found at www.orb.uscourts.gov. Knoebel Freelance Paralegal area for networking, support and Contact Mary Warinner 503.546.2989 Contact John Henry Hingson Services provides quality paralegal business brainstorming purposes. or [email protected]. III, phone 503.656.0355, email KLARQUIST SPARKMAN, LLP, services to large and small Email Jill Brittle at [email protected]. A MID-SIZED INTELLECTUAL firms. Excellent references from [email protected] to join. DOWNTOWN OFFICE SPACE PROPERTY LAW FIRM current and past clients. Servicing AVAILABLE ON UPPER FLOOR THREE RIVER VIEW CLASS A Is looking for an Accounting OF THE AMERICAN BANK OFFICES IN UMPQUA PLAZA, Manager/Controller to join our BUILDING, ADJACENT TO PORTLAND Portland office. The Accounting PIONEER SQUARE Plus one built-out secretarial space Manager/Controller will mentor, Two offices available: One corner available. One SW Columbia St Ste manage and lead accounting office with space for one secretary 1850. Rent includes receptionist staff. This position reports to and and one large office. Amenities services, use of conference works closely with the managing include use of library, three rooms, library, kitchen and partner and other members of the conference rooms, receptionist, building amenities. Reasonable management team, developing photocopiers, fax machine and DSL, OJIN, copier, fax and financial and business models for kitchen. Office shared with a telephone charges. Parking the effective strategic planning and 10-attorney AV firm. Call Scott or offsite. Call Jean, 503.229.1850. operations of the firm. Helen at 503.228.8448 or email Scott at [email protected] The successful candidate Positions will engage in management TWO BEAUTIFUL OFFICES ASSOCIATE ATTORNEY and department leadership, AVAILABLE IN MODERN, Small, AV rated defense firm has an identify key opportunities for CLASS A BUILDING IN immediate opening for a litigation improved efficiencies and solve DOWNTOWN PORTLAND associate with one plus years’ problems proactively. Skills in Can lease one or both offices. experience. Our practice focuses on communication, forming effective One secretarial space is personal injury defense, primarily in working relationships and project available. Located in proximity the areas of trucking, product and management are essential. Jonnel Covault, Moment’s Rest, 2004 to Multnomah County and premises liability. Excellent writing Key responsibilities include but Federal courthouses. These skills required. Oregon admission are not limited to: management Art for rental and purchase offices are located within a suite required. The successful applicant and oversight of accounting A rich resource for the art of our region, the Rental Sales Gallery shared by two established law will also be admitted in Washington, functions and personnel, financial firms. These offices and the or will obtain Washington admission transactions, tax reporting, working represents over 250 artists — all from Oregon — with an inventory available conference rooms as soon as possible. Federal closely with outside CPA at year- of over 1500 works in a variety ofof mediums.mediums. YouYou areare suresure toto ﬁ ndnd present your clients with knockout court experience preferred. Send end, generation of profitability the perfect works of art for as low as $40 for three months. views of the West Hills. The cover letter, resume and a short and trend analysis, preparation location is the top floor of the 1000 writing sample via mail or email of annual budget with quarterly Search our collection at portlandartmuseum.org. Broadway Building. Spaces are to Jeanette Wurpes, jwurpes@ forecasts, asset management, newly remodeled and decorated gilroylawfirm.com, The Gilroy Law maintenance of data integrity with by professional designer. Two Firm, PC, 7307 SW Beveland St. back office and data warehouse conference rooms, kitchen and Ste. 200, Tigard OR 97223. applications, variance reporting 1237 SW 10th Avenue in the Eliot Tower file room available to share and and cash management. 503.224.0674 [email protected] receptionist services provided SMALL DOWNTOWN as part of lease. Copier, fax and LITIGATION FIRM Five or more years of postage services available. Parking Seeks an associate with two to management and/or accounting available, private gym, and bank five years’ litigation experience experience in a professional in building. Call Scott Brown at to work on toxic tort, construction services environment needed. 503.228.5027. defect, and insurance coverage Experience with Elite and/ files. Oregon bar mandatory. To or sophisticated software DOWNTOWN PORTLAND apply, please send resume, law applications with successful data MORGAN BUILDING school transcript and writing sample extraction desirable. Large window offices on nd2 to Blind Box 2009-3, care of floor.SSOL-0294 Share receptionist,5875x5_Ad:Layout 1 [email protected]/23/08 11:39 CompetitiveAM Page 2 conference room, kitchen, copier benefits and salary. “A spot-on instinct for qualiﬁed candidates.” – Brenda K. Baumgart, Partner, Barran Liebman LLP, Attorneys at Law

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14 SEPTEMBER 2009

ChuCk Corrigan Mediation, arbitration Celebrating Ten Years of Advocacy, Counsel & Service. for scheduling & fee information: www.corrigan-law.com 1000 sw broadway, suite 2130 503.241.0677 portland, oregon 97205

Experienced. Responsive. Dedicated. We’ve been leading Oregonians through family law issues for 10 years. At YM&E, One SW Columbia, Suite 1800 you’ll not only find a team of respected Portland, Oregon 97258 experts, but devoted advocates who truly 503-224-7077 care about you and the outcome of your case. www.yatesmatthews.com

M eyer & Wyse LLP A ttorneys At LA w is pleased to announce that

A Professional Partner with the Multnomah Bar Assocationa Lisa A. Amato has joined the firm as Of Counsel. At Meyer MICHAEL DWYER & Wyse LLP she continues her practice of counseling employers on employment related M E D I A T O R matters, representing employers and management in employment litigation, and assisting federal contractors with Affirmative Action Listed in The Best Lawyers in America® Programs and compliance. She received her ® J.D. from Willamette University College of and Oregon Super Lawyers Law and B.S. from the University of Portland. for Mediation and Dispute Resolution

A mericA n BA nk BuiL ding, s uite 1300 621 sw m orrison s treet DWYER MEDIATION CENTER P ortLAnd, o regon 97205 - 3816 t e L e P hone (503) 228-8448 FA csimiL e (503) 273-9135 www.dwyermediation center.com • 503-241-9456 emAiL: [email protected] weBsite: www.meyerwyse.com Mention your MBA membership to receive a premium discount!

A Professional Partner with the Multnomah Bar Association

15 MuLTNoMAH Lawyer Going Back to School Multnomah Bar Foundation Supports the YOUthFILM Project By Pamela B. Hubbs, Office and Foundation Administrator.

T he Multnomah Bar Foundation MBF grant funding was used for The success and popularity of the YOUthFILM received the For more information and to view (MBF) is an enthusiastic supporter the April public screening and YOUthFILM Project continues MBF’s continued support with a the 2009 award winners, visit of the YOUthFILM Project, awards ceremony held during YLS to grow, with approximately $2,000 grant awarded in May to www.theyouthfilmproject.org. the annual student filmmaking Community Law Week, where 20 student films entered this purchase equipment for its digital contest presented by the YLS contestants, along with their year. Chief Justice Paul J. De camcorder lending program and To learn more about the MBF that challenges K-12 students families and teachers, filled the Muniz, a notable supporter of to provide access to professional and the grant application in Oregon and Clark County, Hollywood Theatre inN ortheast YOUthFILM, contacted teachers tools and support through Film process, visit www.mbabar. Wash. to produce short films Portland. The contest celebrated and other educators to encourage Action Oregon, ensuring that all org/foundation.htm or contact based on civics and the law. The two themes: the ABA’s Law Day participation in the contest and was children, regardless of income Pamela Hubbs at 503.222.3275 or YOUthFILM Project meets the Theme, A Legacy of Liberty: on hand to present the awards at level, are able to participate fully [email protected]. mission of the MBF to advance Lincoln’s Bicentennial and Oregon’s the April screening. Governor Ted in the contest. Grant funds will civics education and participation Sesquicentennial of Statehood, with Kulongoski recognized the work also be used to support expanded in the community, giving students the “Best in Show Award” going to of this year’s student filmmakers marketing and outreach efforts the opportunity to develop their Kid Court for “What If There Was by proclaiming April 28 - the day and for the 2010 screening event. creativity, knowledge and skills No Justice System?” of the public screening -Young while actively engaging in civics Filmmakers Day. education.

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