October 2018 Lawyers associated for justice, service, professionalism, Multnomah education and leadership for our members and our community October 2018 Volume 64, Number 9 Est. 1906 Lawyer SPECIAL PRO BONO ISSUE for relief from removal because P.A.B. was charged with a crime The Power that he did not commit but was never informed of the immigration consequences of his decision to enter a plea. P.A.B. has pro bono mba CLE of Human counsel fighting for him - again, to enforce what the law really says - To register for a CLE, please see in the Board of Immigration Appeals. p. 4 or visit www.mbabar.org and Compassion And, of course, for the men who were detained in Sheridan. As log in as a member to register at many of you now know, in late May, ICE transferred 124 immigrant the member rate. by Nadia Dahab men from the port of entry in San Ysidro, California, to the federal Stoll Berne PC prison right here in Sheridan, OCTOBER Oregon. The men were placed in It is the power Now is the time, my friends. 10.3 Wednesday expedited removal proceedings - that we have, as Our constitutional structure is essentially, deportation express - and #Trending Ethics in a Digital threatened. The rule of law we for almost a month after they had lawyers, to reach Age: Exploring Social Media know to be fundamental is being arrived in Sheridan were denied human beings truly and Data Security upended. Our communities and Hong Dao access to the outside world. The men on the margins and our community members - our very own neighbors - are vulnerable. did not speak English, did not know David Elkanich But we can help. You can help. By giving just a little bit of your where they were, and certainly did to pull them into Thomas Howe time, and lending a little bit of your expertise, you can make a change. not know their rights under our the communities to If we all did it - if we all came together, harnessing the power of 10.4 Thursday federal immigration laws. Pro bono which they belong human compassion - we could change the world. counsel sued ICE and the Bureau of Seeking and Defending Abuse I’ve seen it happen, actually. Prisons - yet again, to enforce what and are safe... Prevention Orders I’ve seen it happen most recently in the immigration space. There, the law really requires - to get the Grace Lee the stakes are at their highest. Individuals - human beings with lives men access to immigration lawyers. Those immigration lawyers, also Nathan Holtey and livelihoods, children and families - come seeking refuge from pro bono, mobilized to provide the men with the legal advice they Michael McGrath, moderator persecution they have suffered in some of the most dangerous places needed. With the assistance of counsel, the men were released. None on Earth. And they seek refuge here - in the United States - because, should have been there in the first place. Those pro bono immigration 10.16 Tuesday under both domestic and international law, the United States has lawyers continue to fight for the men in their asylum proceedings in Drafting Employment declared its intention to provide them with that refuge. immigration court. Agreements: Tips and Tricks But under US law, you also have to be physically present in the That is the power of human compassion. It is the power that we for Employment Lawers United States to apply for some protections, including asylum. So, have, as lawyers, to reach human beings truly on the margins and to Natalie Horwitz individuals seeking asylum often must make the long journey here pull them into the communities to which they belong and are safe - in Megan Vaniman before they can request the refuge they ultimately need. which they can finally find refuge. It is the power we have to enforce And when they arrive, we do not provide them refuge at all - the fundamental protections our laws and our Constitution provide 10.17 Wednesday instead, we incarcerate them, and we schedule them for immediate - protections that, in the words of President Obama, while perhaps I Object! Tips for Preserving deportation. We place them into a system that is rigged with stark are self-evident, never have been self-executing. And we, as lawyers, Issues for Appeal imbalances of power. We deny them the are uniquely equipped with that power because we know the laws, Nadia Dahab rights to which they are entitled, and, The rule of law understand the laws, and are vigilant in navigating the systems that Sara Kobak sometimes, we don’t even tell them what we know to be exist to make sure the laws are enforced. those rights are. fundamental is It is also the Oregon way. Now, more than ever, pro bono lawyers So it is in this space that we, the lawyers in Oregon are changing the world, one human being at a time. Please NOVEMBER - lawyers in Oregon who are trained simply being upended. join us. We need you. to know the law and to understand the law 11.6 Tuesday and to understand the systems we have for enforcing the law - have Sexual Assault Claims: Issue changed the world. Spotting for the General We have changed the world for Mélida, for instance. Mélida Practitioner came to the United States in 2014 from Guatemala, where she had mba EVENT McKenzie Harker suffered persecution. When she crossed the border in Texas with Barbara Long her four-year-old daughter, she and her daughter were incarcerated Multnomah Bar Association Ashley Vaughn with hundreds of other women and children and scheduled for immediate deportation. Mélida has meritorious claims for asylum Absolutely Social 11.15 Thursday but hasn’t been able to pursue them because, many years ago, the The Uniform Prudent Investor US government ordered her removed from the country without The Grape Escape Act: A Trustee’s Duties telling her. It held a hearing virtually in secret, even though the law Featuring Wine Tasting and Potential Liability for prohibited it from doing so. Mélida has pro bono counsel fighting Wednesday, October 17 Investment Decisions for her - to enforce what the law really requires - currently in the US The University Club Marie Eckert Courts of Appeal. 5-7 p.m. Rob Howell And for P.A.B. (I’ve used his initials because his proceedings are restricted.) P.A.B. has been in the United States for some time, but the Drop in after work and catch up with friends and government only recently initiated removal proceedings against him. colleagues. In This Issue He has a good job and a family that depends on him for support. The immigration judge in P.A.B.’s case refused to consider his application See insert for details and to RSVP. Calendar ������������������������������������������ 2 MBA Golf Championship ������������������� 2 CLE �������������������������������������������������� 3 Announcements �������������������������������6 MULtnomah BAR Association Thank you, sponsors! Ethics Focus �������������������������������������6 PRSRT STD Around the Bar ���������������������������������8 620 SW FIFTH AVE., SUITE 1220 Barran Liebman LLP News From the Courthouse ������������� 10 U.S. POSTAGE Beovich Walter & Friend Court Reporters Profile: Justice Nelson ���������������������11 PORTLAND, ORegon 97204 Classifieds ������������������������������������� 16 PAID Buchanan Angeli Altschul & Sullivan LLP Pro Bono Thanks ���������������������������� 16 Chernoff Vilhauer, LLP PORTLAND, OR D’Amore Law Group PERMIT NO. 00082 Farleigh Wada Witt Multnomah Bar Association Gearing Rackner & McGrath 620 SW 5th Ave Gevurtz Menashe Suite 1220 Markowitz Herbold PC Portland, Oregon 97204 Northwest Bank 503�222�3275 Fax 503�243�1881 Smith Freed Eberhard www�mbabar�org Stoll Berne Sussman Shank LLP Tonkon Torp LLP Upsource Yates Family Law, PC 1 Multnomah Lawyer MBA Board of Directors EFFICIENTLY MANAGING TRIAL Calendar President Rima I. Ghandour FOR A SOLO/SMALL FIRM 19 Friday OCTOBER OGALLA Annual Dinner Treasurer A Solo & Small Firm Committee Workshop and Social Elizabeth E. Welch and Auction Monday, October 22 2 Tuesday www�ogalla�org Secretary League of Women Voters Sarah Radcliffe Workshop: 3-4:30 p.m. Voter Education Form 22 Monday Details on p� 12 Past President Social: 4:30-5:30 p.m. Efficiently Managing Trial Andrew M. Schpak for a Solo/Small Firm Hotel Monaco 5 Friday Workshop & Social 5th Avenue Room Oregon Filipino American Directors Details on this page Lawyers Association Gala Dinner YLS President 506 SW Washington St. Portland www�ofala�org/events Shayda Zaerpoor Le 25 Thursday OSB Pro Bono Fair Caroline Harris Crowne Navigating trials as a solo or small firm practitioner, along 8 Monday Details on p� 11 Valerie Colas with keeping your other cases afloat during the trial, can 21st Annual Golf Steve D. Larson be difficult to say the least. Join the MBA Solo & Small Championship to Benefit the Volunteer Lawyers Project Adina Matasaru Firm Committee for a workshop hosted by panelists Rhett www�mbabar�org NOVEMBER Emilee S. Preble Fraser, Huegli Fraser PC; Miranda Summer, Summer Seth Row Family Law LLC; and Rebecca Cambreleng, Cambreleng 1 Thursday 9 Tuesday Oregon District Court Historical Krista Shipsey Law LLC, for an interactive discussion of tips and tricks League of Women Voters Society Meeting and Dinner they’ve learned along the way about efficiently managing Voter Education Form Richard Spier www�usdchs�org Jovita Wang trial as solo and small firm practitioners. Discussion Details on p� 12 Hon. Ulanda L. Watkins will include discovery and exhibit management, trial 6 Tuesday 11 Thursday technology, managing your office and caseload while you’re Bench Bar & Bagels Lessons From the Details on p� 10 Executive Director in trial, and other practical skills for staying organized and Addicted Lawyer Guy Walden prepared as you battle it out in court.