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Montana State Bar of Montana February 2017 Lawyer Vol. 42, No. 4 Court e-filing Clerk of the Supreme Court now can accept electronic documents in all cases, both civil and criminal Also in this issue > Affordable Care Act under the knife: Health Care Law Section tracks changes > Former bar president, Jameson winner Shanahan dies > Tips on practicing before Office of Administrative Hearings > State Bar election nomination petitions inside Montana Lawyer 1 The official magazine of the State Bar of Montana published every month except January and July by the State Bar of Montana, 7 W. Sixth Ave., Suite 2B, P.O. Box 577, Helena MT 59624. 406-442-7660; Fax 406-442-7763. INDEX E-mail: [email protected] State Bar Officers February 2017 President Bruce M. Spencer, Helena President-Elect Leslie Halligan, Missoula On the Cover Secretary-Treasurer Supreme Court E-Filing in Civil Cases ............................................... 14 Jason Holden, Great Falls Immediate Past President Matthew Thiel, Missoula Chair of the Board Feature Stories Luke Berger, Helena LawPay Security Series: Strengthen Your Passwords ................... 18 Board of Trustees ACA: Under the Knife ............................................................................... 20 Elizabeth Brennan, Missoula Brian C. Smith, Missoula David Steele, Missoula Office of Administrative Hearings ....................................................... 22 Kaylan Minor, Kalispell Jessica Polan, Anaconda Minimize Risks of Being a Wire Fraud Victim................................... 23 Channing Hartelius, Great Falls Paul Haffeman, Great Falls State Bar Election Info/Nomination Petition .............................24-25 Kent Sipe, Roundup Luke Berger, Helena Kate Ellis, Helena J. Stuart Segrest, Helena Regular Features Christopher Gray, Bozeman Lynda White, Bozeman Member News ...............................................................................................4 Ross McLinden, Billings Eric Nord, Billings State Bar News ...............................................................................................9 Juli Pierce, Billings Continuing Legal Education .................................................................. 11 ABA Delegates Damon L. Gannett, Billings Court News .................................................................................................. 12 Eli Patten, Billings Shane Vannatta, Missoula Court Orders ................................................................................................ 15 Montana Lawyer Staff Obituaries ..................................................................................................... 27 Publisher | Christopher L. Manos Editor | Joe Menden Job Postings/Classifieds .......................................................................... 29 406-447-2200; fax: 442-7763 e-mail: [email protected] Subscriptions are a benefit of State Bar membership. Advertising rates are available upon request. Statements and expressions of opinion appearing herein are those of the advertisers or authors and do not neces- sarily reflect the views of the State Bar of Montana. Postmaster: Send address changes to Montana Lawyer, P.O. Box 577, Helena MT 59624. Page 2 February 2017 President’s Message | President Bruce Spencer New partnership gives you extra incentive to unlock State Bar of Montana ABA’s many benefits President Bruce Spencer is a solo practitioner Achieving partnership in the legal world is pricing. I already use some of these products based in Helena. His an exciting accomplishment so, in that vein, so I’m looking for savings as well as new sys- practice areas empha- I’d like to announce a new partnership forged tems to help me run my practice. size governmental rela- by the State Bar of Montana to bring added I also plan to do a little price shopping tions, creditors’ rights, value to our members. (No I have not forgot- at ABA Insurance, which offers a number of commercial law, auto- ten other partners in added value like Fastcase, products including dental, vision, life, home motive law, MyCase, Clio, we just did not want them feel- and auto insurance. insurance law, and ing lonely). And, I’ll likely dip into the Free CLE Series health care law. Beginning with your March dues state- to supplement the outstanding offerings by the ment, the State Bar of Montana will partner State Bar of Montana. I look forward to hear- with the American Bar Association to offer a ing the perspective of lawyers who practice in discounted ABA dues rate for members of the other areas of the country. Check your dues Montana bar. Additional benefits include free legal tech- Lawyers practicing for 10 years or more nology training, ethics research, a job board statement for offer will pay only $200 for their ABA member- and a monthly webinar with career advice Be sure to check your ship – a savings of $257! Savings are tiered for from legal experts. dues invoice in March those newer to the practice, and with each year I also appreciate ABA’s advocacy for the for a chance to join the the discount gets richer. profession. The ABA with state and local bars ABA at this special price. Some might wonder why Montana bar successfully blocked or modified numerous Just add the ABA dues leaders would advocate membership in the key 2016 legislative and regulatory proposals to your Montana total national bar association. Here’s what I think that would have interfered with lawyer-client and enjoy the enhance- about that. confidentiality or imposed excessive federal ment to your profession. I receive both professional and personal regulations on the practice of law. Most may benefits from my membership in the State Bar not know, but the ABA played a key role in a of Montana and the ABA. In fact, I saved sev- D.C. Circuit decision exempting lawyers from eral years’ worth of ABA dues when purchas- that annoying Gramm-Leach-Bliley Act notice ing the computer on which I am writing this we get from banks and don’t read. For that article using ABA discounts. alone the ABA has my allegiance. The ABA will complement my State Bar Be sure to check your dues invoice in membership with resources available only March for a chance to join the ABA at this from a national organization. special price. Add the ABA dues to your As a solo practitioner, I’m planning to ex- Montana total and enjoy the enhancement to plore ABA Blueprint, a new resource for legal your profession. services and technology available at discounted www.montanabar.org Page 3 Member and Montana News Rice joins P. Mars Scott also continues to involve business and University of Montana School of Law. Law Offices in Missoula real estate transactions, mediations, and While in law school, Hepburn served civil appeals. For more details regarding as Publication Editor of the Public P. Mars Scott, P.C. Law offices, located Rhoades, Siefert & Erickson, PLLC and Land and Resources Law Review, and in Missoula, welcomes Dianne I. Rice as its attorneys, visit montanalawyer.com. was a two-year team member of the an associate attorney. Contact Erickson at erickson@mon- Environmental Law Moot Court Team. Rice’s practice emphasizes complex tanalawywer.com; 430 Ryman, Second Following law school, she clerked for marital dissolution and family law. Floor, Missoula, Montana, 59802; and the Honorable Sam E. Haddon, Federal Rice is a 2016 graduate of the (406) 721-9700. District Court Judge for the District University of Montana School of Law, of Montana, for a one-year term. She receiving her Juris Handelman, Hepburn join entered private practice with Garlington, Doctorate degree with Garlington, Lohn & Robinson Lohn & Robinson in the fall of 2016. She honors. In 2010, Rice is admitted to practice in all Montana graduated from the Garlington, Lohn & Robinson, PLLP state courts and the United States District University of Montana has announced the addition of two Court for the District of Montana. with high honors and attorneys. received a Bachelor Leah T. Handelman joins the firm Groenke opens family law, civil of Arts in Political as an associate working on civil litiga- litigation office in Kalispell Science. After gradu- tion matters. Handelman was born and Rice ating, she continued raised in Whitefish. Kai Groenke is excited to announce to participate in the She attended Boston that beginning Jan. 1, 2017, she will be Missoula community by volunteer- College and graduated opening the Law Office of Kai Groenke, ing with the Meals on Wheels program magna cum laude in P.C. in Kalispell. and working at the Watson Children’s 2009 with a bachelor’s Groenke graduated Shelter. While attending law school, degree in political from the University Rice was a member of the Women’s Law science with a minor of Montana School Caucus student group and volunteered in Hispanic studies. of Law in 2006, after for the Crime Victim Advocates. Rice While in law school obtaining a bachelor’s interned for P. Mars Scott Law Offices, Handelman at the University of degree in business and she performed her clinical hours at Montana, she worked from Montana the Office of the State Public Defender, at Garlington, Lohn State University in appellate division. Rice also became a & Robinson as a legal Groenke Bozeman. She special- court appointed special advocate with the intern, as a teacher’s izes in family law and Missoula CASA program. assistant and tutor for civil litigation. You can contact her at P. Mars Scott, fellow law students, Updated contact information is as P.C. Law Offices, 2920 S. Garfield