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MuLTNoMAH LAwYER Lawyers associated for justice, service, professionalism, education and leadership for our members and our community. December 2010 Volume 56, Number 11 Democracy Needs You! MBACLE To register for a CLE, please see By Thomas C. Sand, President, Multnomah Bar Foundation. the inserts in this issue or go to www.mbabar.org. Y ou have read some of the statistics. To continue this important work, the MBF set a goal of raising $100,000 You’veY seen the problem on the this year for the MBA 100th Anniversary Community Gift Fund. I am December news and on YouTube: democracy delighted to report that we are 75% of the way to our goal. The MBA as we know it – predicated on Board has demonstrated its dedication to civics education with its pledge Tuesday, December 7 citizen participation - is at risk. Our of $5,000 a year for three years. Other contributors to Phase I of our Child Abuse Reporting independent judiciary, which we count campaign are listed on p. 9 in this newsletter. I thank the many firms Helen Hierschbiel on to protect the rule of law, is facing and individuals who have stepped up to support this worthy cause. We unprecedented challenge. That is why have now begun the final phase of our effort and we want to see your Wednesday, December 15 the MBF needs you. name on our list for the next edition of the Multnomah Lawyer. We Ethical Considerations When cannot reach our goal without your help. So please join me and the many Representing a Corporation Here are some examples: only five% of graduating high school Phase I donors in making a tax-deductible gift to the Multnomah Bar Allison Rhodes seniors can explain the role of an independent judiciary in Foundation with the contribution form enclosed in this publication or by Amber Bevacqua-Lynott our constitutional system. Even one of our state’s principal donating online at www.mbabar.org/foundation.htm. political leaders has identified the governor’s office, the house of representatives and the senate as the “three branches of I also want to express my deepest gratitude to the dedicated members of January government.” The judiciary was not even mentioned. Additionally, our MBF Board: Loree A. Devery, Peter H. Glade, Edwin A. Harnden, only about 25% of high school students can identify the state’s two Christine L. Hein, Cashauna M. Hill, Natalie L. Hocken, Margaret D. Wednesday, January 26, 2011 US senators and 23% think Ted Kulongoski is one of them. In our Kirkpatrick, Honorable Adrienne C. Nelson, Sarah J. Ryan, Kathryn L. Appellate Basics for Trial most recent election, a serious contender for a national office was Villa-Smith, Timothy R. Volpert and James N. Westwood. Thank you. Lawyers unaware of the principle of separation of church and state embodied Justice Jack Landau in our constitution. Some activists have recently sought to impeach Laura Graser judges based solely on political disagreement with the outcome of Jim Westwood a case. Finally, in a Yahoo News person-on-the-street interview series, a majority of respondents were unable to identify the current Monday, January 31 vice president of the US. This is a small sampling of the serious Insurance Coverage in challenges facing our democracy today. Construction Defect Litigation Chris Carson The MBF is responding to this problem. Since its inception in Mike Farnell 2006, the MBF has helped sponsor and support the Classroom Mike Scott Law Project’s “We the People” Project and its “Youth Summit” that reaches about 1,200 students each year. We have provided civics education to senior citizens through our support of Elders February in Action. We have helped the League of Women Voters with its student leadership initiatives, mock elections, and nonpartisan Tuesday, February 1 voters guide. We have sponsored the Bus Project’s PolitiCorps Elder Abuse Litigation: Community Training Initiative, which provides civics skills and Civil and Criminal Richard Braun leadership training to college students and recent graduates. And League of Women Voters Student Leadership Initiative, an MBF grant Jim Cartwright we have funded the YLS YOUthFILM Project in its annual student recipient filmmaking contest focused on civics topics. Charles Mickley The MBF’s commitment to promoting civics education is Thursday, February 3 exemplified by our new signature project. The MBF has partnered Another Successful Aiding and Abetting in with MetroEast Community Media to develop a series of two- Employment Discrimination five- and fifteen-minute civic education videos that will be broadcast Absolutely Social Cases on cable-access stations around the state. The content will also be Courtney Angeli featured on YouTube and ProtectOregonCourts.org Web sites, and Dana Sullivan Over 200 lawyers, judges, sponsors and law school students gathered the DVDs will be available to schools statewide. The videos will at the University Club on October 19 for the fall Absolutely Social focus on the importance of impartial courts, the rule of law, the - The Grape Escape. The event featured wine tastings selected by balance of powers, what happens in the courthouse, and why it is Matt Levin and Albert Menashe. A team blind wine tasting was also so crucial to be an informed voter and citizen. We hope to reach offered. Eight teams participated, and the winning team of Caroline In This Issue hundreds of thousands of Oregonians. Harris Crowne, Merrill Maiano, Mathew Moody and Duke Tufty each took home a bottle of wine. $825 and 120 pounds of food Calendar.................................... p. 3 were collected for the Oregon Food Bank - thanks to all those who Member Resource Center....... p. 3 MULTNOMAH BAR ASSOCIATION contributed! Firm Visit Option..................... p. 3 PRSRT STD Announcements....................... p. 4 620 SW FIFTH AVE., SUITE 1220 U.S. POSTAGE Ethics Focus.............................. p. 4 PORTLAND, OREGON 97204 Thank you to the generous sponsors The Corner Office.................... p. 6 PAID Ater Wynne Around the Bar......................... p. 7 Tips from the Bench..................p. 8 PORTLAND, OR Barran Liebman News From the Court.............. p. 8 Bullard Smith Jernstedt Wilson PERMIT NO. 00082 Foundation Donors................. p. 9 Cosgrave Vergeer Kester YLS............................................. p. 10 Farleigh Wada Witt Pro Bono Fair & Social............ p. 11 Garvey Schubert Barer Classifieds.................................. p. 14 Multnomah Bar Foundation... p. 16 Gevurtz Menashe Larson & Howe Harrang Long Gary Rudnick Klarquist Sparkman MULTNOMAH BAR The Naegeli Reporting Corporation ASSOCIATION Schwabe Williamson & Wyatt 620 SW 5TH Ave SUITE 1220 PORTLAND, OREGON 97204 Sussman Shank 503.222.3275 Synergy Legal Inc. FAX 503.243.1881 Tonkon Torp WWW.MBABAR.ORG Tsongas Litigation Consulting Umpqua Private Bank MuLTNoMAH LAWYER BOARD OF DIRECTORS MBA Board of Directors Marshall Amiton President Sarah J. Crooks ARBITRATION AND MEDIATION Vice Presidents 40 Years of Legal Experience Michelle S. Druce Lisa M. Umscheid Secretary Susan D. Marmaduke Email: (503) 201-7275 Treasurer [email protected] (503) 238-1636 Fax Steven K. Blackhurst Past President Leslie Nori Kay Directors Kimberly R. Griffith CHAMBERLAIN YLS President Keith M. Garza Mediation Arbitration Carol J. Bernick Julia M. Hagan ♦ a proven problem solver Gregory T. Moawad Bonnie Richardson ♦ trial & appellate experience Martha J. Hodgkinson Knoll & Rhodes Mediation Samuel C. Kauffman ♦ competitive rates Sheila H. Potter An Environment ♦ available statewide Richard J. Vangelisti Suited To Executive Director ♦ [email protected] Judy A.C. Edwards Settlement. Associate Executive Director ♦ 503.380.5730 Guy Walden Mediation & Arbitration Director, Events and Programs Kathy Maloney • Experience • Integrity Executive Assistant and Communications Administrator • Solutions Carol Hawkins Office and Membership James L.Knoll, P.C. Administrator ATTORNEY AT LAW Ryan Mosier Mediation • Arbitration [email protected] Office and Foundation Experienced Ronald E. Rhodes, P.C. Administrator A TTORNEY AT LAW Pamela Hubbs 40 years in litigation [email protected] 21 years in arbitration MBF Board of Directors 503.222.9000 • 1500 SW Taylor St. • Portland, OR 97205 President Effective Thomas C. Sand Vice President Peter H. Glade OREGON SUPER LAWYER IN DISPUTE RESOLUTION 2006 Secretary/Treasurer Loree A. Devery (503) 223-6121 Resume at www.wilsonadr.com Past President Hon. Adrienne C. Nelson Directors 2301 NW Thurman Street, Suite J Edwin A. Harnden Portland, Oregon 97210-2581 O.M. (Met) Wilson Cashauna M. Hill [email protected] Mediation and Arbitration Natalie L. Hocken ILSON ISPUTE ESOLUTION Margaret D. Kirkpatrick W D R (503) 972-5090 Sarah J. Ryan [email protected] Kathryn L. Villa-Smith Timothy R. Volpert “I only suffered two James N. Westwood significant financial Christine L. Zemina reversals in my life - once when I lost a lawsuit, and THE MULTNOMAH LAWYER once when I won one.” is published 11 times per year by the Multnomah Bar Association, - Voltaire 620 SW Fifth Ave. Ste. 1220, Portland, OR 97204 503.222.3275 Advertising is accepted; advertisers(ments) are not necessarily endorsed by the MBA. The editor reserves the right to reject any Williamson Arbitration advertisement. and Mediation 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 Charles R. Williamson Editor: Judy Edwards 6312 SW Capitol Highway, No. 408 Copy and Classified