March 2015 Lawyers associated for justice, service, professionalism, Multnomah education and leadership for our members and our community March 2015 Volume 61, Number 3 Est. 1906 Lawyer

LexisNexis Unlocking the LexisNexis offers special packages and pricing exclusively for MBA members in solo or small firms. For more information, contact mba CLE Megan Tower-Humphrey of LexisNexis at 503.309.5294. To register for a CLE, please see (Apparently) page 3 or go to www.mbabar.org Little-Known Bank of the Cascades and log in as a member to register A long-time MBA partner, Bank of the Cascades offers our members at the member rate. discounted and VIP banking services designed specifically for Benefits of MBA attorneys. For more information, contact Elise Bouneff of Bank of the MARCH Cascades at 503.499.5931. Membership 3.11 Wednesday LawPay Family Law Update by Dana Sullivan LawPay offers access to low-fee merchant credit card services. For Judge Maureen McKnight MBA President MBA members, the minimum contract period for MasterCard and Tom Bittner Gary Zimmer Because a focus of my presidency has been on enhancing the benefits Visa services is waived. For more information, contact LawPay at 866.376.0950. that the MBA offers to support its members, I have questioned 3.18 Wednesday members throughout the year about what benefits they would Office Depot Presenting Expert Witnesses like to see the MBA provide. If I had a dollar for every time that a at Trial current member responded by saying, “it would be great if the MBA MBA members receive up to a 40% discount on office supplies. See the MBA website for more details and contact information. Judge Karin Immergut provided.…” and went on to describe a benefit already available to Bonnie Richardson our members, my kids’ college tuition would be squared away. The Bar Plan Renee Rothauge While perhaps I exaggerate, it is evident to me that while all of our members know that they can look to the MBA for high-value CLEs If you are an MBA member in need of securing a bond, this service provides access to simple and cost-effective court bond purchasing. 3.19 Thursday and networking and social events with colleagues and judges, many Assisted Reproductive are unaware of member discounts and other tangible benefits that For more information, contact Cathy Ahearn or Debbie Eller of The Bar Plan at 877.553.6376. Technology Law for can more than offset the $130 cost of membership. The AMB needs to Practitioners step up efforts to get the word out to members about those practical UPS Robin Pope ways that membership can help make running your business easier Beth Wolfsong and more cost-effective. UPS offers MBA members discounts on express shipping. See the MBA website for more details and contact information. 3.31 Tuesday So, What Are the Benefits Currently Available to MBA Members? MBA Conference Room Animal Law MBA Health, and Long-Term Care Insurance Plans In addition to the services that the MBA offers though partnerships, Are Neglected Animals MBA members who have at least one W-2 employee are eligible we also offer free use of the MBA conference room to MBA members Personal Property or to participate in group health and long-term care insurance plans when it is not in use for MBA business. For more information see the “Victims”? structured specifically for lawyers and law firms. In April the plans ad on p. 13 of the newsletter, or call the MBA at 503.222.3275. Andrew Freeman will renew, and many of the plans are experiencing a reduction in Denise Lukins premiums. For more information, contact Steve Doty of Northwest We Would Like to Expand These Benefits and We Need Your Input Employee Benefits at 503.284.1331. As I explained in my last column, published in the November Multnomah Lawyer, the MBA has formed a Solo and Small Law APRIL Legal Northwest Staffing Specialists Firm Committee tasked with developing programs and services of MBA Members receive discounted pricing on direct hire positions value to small firms and solo practitioners. We are launching this 4.8 Wednesday and also receive a quality of service guarantee. Placement fees are programming with a kickoff event from 5-7 p.m. on April 2 at the Buying, Selling, or partially credited if the placement doesn’t work out. Fees are credited Red Star Club Room in downtown Portland. While the committee is Transitioning in or out on a sliding scale depending on the amount of time spent in a putting together some wonderful programs that will provide small of Law Practice position. For more information, contact Anneke Haslett of Northwest firm practitioners an opportunity to network and share ideas about Hong Dao Employee Benefits at 503.276.7313. best practices in business, financial management and client service, Roger Delles it is very important to us to hear from members what programs Barbara Fishleder Ruby Receptionists and benefits would be of particular value. To that end, we will be Mark Fucile This is a new benefit, added this year.R uby Receptionists provides distributing a survey prior to the April kickoff event that will give David Winstead virtual receptionist services for small firms and solo practitioners. members the opportunity to provide feedback not only about topics MBA members receive a 6% discount on monthly plans, the $95 of interest for group discussion, but also about services that would 4.23 Thursday setup fee is waived and members receive unlimited free voicemail. help make your practices more efficient and cost effective. Washington & Clackamas For more information, contact Ruby Receptionists at 866.611.7829. Please keep an eye out for the survey and respond once you County Courts Update receive it. If you do, it may be that my successor can publish an even Judge Charlie Bailey NAEGELI Deposition and Trial longer list of MBA membership benefits this time next year. Judge Robert Herndon Naegeli offers MBA members discounts on court reporting and trial presentation services, including video conferencing and videography. For more information, contact Naegeli Reporting at 503.227.1544. mba EVENT In This Issue Calendar ������������������������������������������ 2 MBA Small Firm Committee CLE Schedule...... 3 Multnomah Bar Association Announcements ������������������������������� 6 PRSRT STD “How to Make Your Small Ethics Focus ������������������������������������� 7 620 SW Fifth AVE., Suite 1220 Around the Bar ��������������������������������� 8 U.S. POSTAGE Firm Successful” News From the Courthouse ��������������10 Portland, Oregon 97204 Thursday, April 2 Tips from the Bench ������������������������10 PAID YLS �������������������������������������������������12 Red Star Club Room PORTLAND, OR The Corner Office �����������������������������15 503 SW Alder, Downtown Portland Pro Bono Thanks �����������������������������15 PERMIT NO. 00082 5-7 p.m. Classifieds ��������������������������������������16 Multnomah Bar Association The MBA Small Firm Committee invites you 620 SW 5th Ave Suite 1220 to a free kickoff event for the committee’s Portland, Oregon 97204 503.222.3275 new program. Enjoy complimentary Fax 503.243.1881 appetizers, socialize and meet other www.mbabar.org attorneys who work at small firms, and learn about upcoming workshops designed specifically to help your small firm succeed.

RSVPs appreciated. Contact [email protected].

1 Multnomah Lawyer MBA Board of WinterSmash Raises Over Directors Calendar President $19,000 for Multnomah To add your organization or firm’s annual events to the MBA online Dana L. Sullivan calendar, contact Carol Hawkins, [email protected]. Secretary Courtcare Elizabeth N. Wakefield 23 Thursday by Kathy Modie MARCH CLP Legal Citizen of the Year Treasurer Dinner C. Robert Steringer MBA Director, Events & Programs 5 Thursday www.classroomlaw.org Past President What better way to raise money for a good cause than with a night of YLS Community Service Day See p. 12 Richard J. Vangelisti family fun, bowling, raffle prizes and a best bowling shirt competition? 29 Wednesday On Saturday, February 7, over 300 MBA members and their families YOUthFILM Screening Directors participated in the MBA’s 13th Annual WinterSmash fundraiser at AMF 13 Friday See p. 12 20th Century Lanes in Portland. OWLS Roberts-Deiz Awards Jeanne K. Sinnott In the spirit of fun, teams gathered to vie for prizes based on their Dinner YLS President scores and outfits. www.oregonwomenlawyers.org W. Todd Cleek Best team score and the coveted bowling trophy went to the Barran MAY Maya Crawford Liebman team, with their top three individual scores combined at 517. 7 Thursday Eric L. Dahlin There were a lot of great bowling shirts again this year. Folawn Alterman APRIL MBA Annual Meeting & Dinner Akira Heshiki & Richardson edged out the competition to win the prize for best shirt Portland Marriott Downtown Amber A. Hollister with their “Bowlable Hours” design. 2 Thursday Waterfront The prize winner for best individual score went to Lance Stebler from MBA Solo/Small Firm Lissa K. Kaufman See p. 6 the Harrang Long Gary Rudnick team, with a score of 227. Reception Elizabeth C. Knight The team with the most players this year was Bodyfelt Mount, with 37 Red Star Club Room 14 Thursday Darcy M. Norville See p. 1 bowlers signed up. Gevurtz Menashe and Folawn Alterman & Richardson MBA Golf Clinic & Networking Thomas C. Sand both registered over 30 bowlers. Barran Liebman, Gearing Rackner Engel RedTail Golf Center Andrew M. Schpak & McGrath, Gordon & Rees, Harrang Long Gary Rudnick and Wyse 22 Wednesday www.mbabar.org Kadish all registered 20 or more bowlers. Administrative Professionals The 2015 WinterSmash benefited Multnomah CourtCare, the free Day Executive Director 25 Monday Guy Walden drop-in childcare for children of parents who have no other alternative Memorial Day Holiday than to take their children with them to court. Director, Events & Programs Thank you to Harrang Long Gary Rudnick for sponsoring the Kathy Modie food and beverages again this year, and to our sponsors and all who Executive Assistant & participated. Thank you also to the WinterSmash Subcommittee, Communications Administrator chaired by Alice Garrett, for planning such a great event. Thank you, Carol Hawkins Sarah Petersen, Brad Krupicka and Bonnie Richardson for volunteering Member Services Administrator at the event. Ryan Mosier Office & Foundation King Pin Sponsor Administrator Harrang Long Gary Rudnick P.C. Pamela Hubbs Office Administrator Shannon West MBF Board of Directors Life of the Party Sponsors ABA Retirement Funds Program • Mike & Keri Bloom • Buchanan President Angeli Altschul & Sullivan LLP Folawn Alterman & Richardson Bonnie Richardson • • Gearing Rackner Engel & McGrath Markowitz Herbold PC Vice President • Amy L. Angel Really Fun Sponsors Secretary/Treasurer Barran Liebman LLP • Bodyfelt Mount, LLP • D’Amore Law Group • Dana S. Scheele Lori E. Deveny • Hart Wagner LLP • Miller Nash Graham & Dunn LLP Past President • PLF Excess Program • Vangelisti Law Firm LLC • Yates, Matthews & Timothy R. Volpert Eaton, PC Directors Fun Sponsors Ater Wynne LLP • Ball Janik LLP • Beovich Walter & Friend Certified Hon. Cheryl A. Albrecht Court Reporters • Chernoff Vilhauer LLP • Cosgrave Vergeer Kester Tyler E. Anderson • Davis Wright Tremaine • Farleigh Wada Witt • Greene & Markley J. Matthew Donohue • Hodgkinson Street Mepham LLC • Stephen A. Houze • Conrad Scott T. Downing G. Hutterli, Attorney at Law • Marandas & McClellan Immigration Susan D. Marmaduke • NALS of Portland (Oregon) • Northwest Employee Benefits, Inc. Paulson Coletti Trial Attorneys Smith Freed & Eberhard P.C. Mary Jo N. Miller • • • Tonkon Torp LLP Melvin Oden-Orr Prize Donors Charles S. Tauman Bowyer and Fletcher Ties • Farleigh Wada Witt • It’s Only Love Athletic Wear Law Office of Jordan New PC Legal Northwest The MULTNOMAH LAWYER is • • Staffing Specialists Lehmann Court Reporting Lewis & Clark Law published 11 times per year by the • • School Masala Pop Noble Rot Wine Bar Pairings Portland Multnomah Bar Association, • • • • 620 SW Fifth Ave. Ste. 1220, Portland Marriott Downtown Waterfront • Portland Thorns • Portland Portland, OR 97204 Timbers • Portland Trailblazers • Red Star Tavern • Tonkon Torp LLP 503.222.3275 • Wyse Kadish LLP Advertising is accepted; advertisers(ments) are not See WinterSmash photos at mbabar.org/Membership/ necessarily endorsed by the MBA. The WinterSmash2015.html. editor reserves the right to reject any advertisement.

DEADLINE for copy: The 10th of the month* FINAL DEADLINE for ads: The 12th of the month* *or the preceding Friday, if on a weekend.

NEWSLETTER STAFF CONTACTS Editor: Guy Walden Douglas G. Beckman Copy & Classified Ads: Carol Hawkins Display Ads: Ryan Mosier 503-287-7977 Design: Cyrano Marketing Solutions Barran Liebman bowlers Folawn Alterman & Richardson Copyright Multnomah Bar Association 2015 bowlers Arbitration Mediation

P.O. Box 13365 Portland, OR 97213 Fax: 503-210-7688 [email protected]

2 www.mbabar.org March 2015

Seminars are worth 2 OSB credits unless otherwise noted; 2 Washington MCLE credits may be obtained independently. Registrants who miss the seminar may request the written materials. Substitutions are welcome. CLE Registration fees are non-refundable. Annual Family Law Assisted Reproductive Buying, Selling, or Update Technology Law for Transitioning in or out Wednesday, March 11, 2015 Practitioners of Law Practice 3:00-5:00 p.m. Thursday, March 19, 2015 Wednesday, April 8, 2015 World Trade Center 3:00-5:00 p.m. 3:00-5:00 p.m. Auditorium 26 SW Salmon, Portland World Trade Center World Trade Center Plaza Room Mezzanine Room Members $55 26 SW Salmon, Portland 26 SW Salmon, Portland Non-members $85 Members $55 Members $55 Non-members $85 Non-members $85 On March 11 the MBA will hold its annual two-hour Family Law Update. Chief Family Court Judge Maureen McKnight, the Chief Family Court Judge Expose yourself to a growing area of law: Come Note: This class is worth .5 hours of ethics credit for Multnomah County, will be joined by Thomas learn the basics about family formation law. It is and 1.5 hours of general MCLE credit. an emerging, collaborative area of law fraught with Bittner of Schulte, Anderson, Downes, Aronson & The MBA presents a two-hour program on buying, Bittner and Gary Zimmer of Zimmer Family Law. interesting legal issues. The rights and obligations of intended parents, surrogates and donors need selling and transitioning in and out of practice. Topics Our speakers will provide family law practitioners to be weighed and balanced. Beth Wolfsong, to be discussed include: with information on changes to Multnomah County Wolfsong Law PC, and Robin Pope, Attorney at • Ethics considerations for buying, selling, or Circuit Court procedures well as valuable updates on Law, will provide you with the basics to learn the transitioning into or out of a law practice appellate case law. sources of the relevant law, how to protect clients • Practice management issues related to transitions - in the process, ensure the fairness of the process determining the condition of a law practice For more information: and create agreements that help the parties work • Business valuations - components that make a Call Sarah Brown, Holtey Law LLC at 503.224.9878. together to create a life. practice valuable For registration questions, call the MBA at • Alternatives to a strict buy/sell - practical ideas for 503.222.3275. For more information: testing things out Call Michael Hallas, McKinley Irvin at • Practice management considerations 503.953.1032. For registration questions, call the • Tips for a successful transition MBA at 503.222.3275. • Other important considerations Our well-qualified panel includes Hong Dao and Presenting Expert Barbara Fishleder of the PLF; Roger Delles and Animal Law - Are Neglected David Winstead of Professional Practices Group, Witnesses at Trial which specializes in helping professionals buy, sell and Animals Personal Property transition their practices; and Mark Fucile of Fucile & Wednesday, March 18, 2015 or “Victims”? Reising LLP. 3:00-5:00 p.m. For more information: Call Don Jacobs, Attorney at Law at 360.695.1624. World Trade Center Tuesday, March 31, 2015 For registration questions, call the MBA at Plaza Room 3:00-5:00 p.m. 503.222.3275. 26 SW Salmon, Portland Members $55 World Trade Center Washington & Clackamas Non-members $85 Mezzanine Room 26 SW Salmon, Portland County Courts Update Members $55 The MBA presents a two-hour “how-to” program Non-members $85 Thursday, April 23, 2015 on expert witnesses at trial. Our panelists will discuss how to prepare an expert for trial, how to 3:00-5:00 p.m. effectively present expert testimony to a jury, and Historically, criminal law written to protect animals World Trade Center how to cross-examine even the most experienced from abuse and impose punishments for such conduct Mezzanine Room expert. All trial attorneys should attend this has treated this as a crime against public policy and the 26 SW Salmon, Portland program, which will feature both plaintiff and public generally. Following developments elsewhere, defense perspectives as well as judicial views and with the 2014 decision by the Oregon Supreme Court Members $55 pointers. The program will cover both federal in State v. Nix, animals in Oregon may be “victims” Non-members $85 and state-court practice and rules. Our dynamic of crimes. This CLE will provide a survey of the panel will be Judge Karin Immergut, Multnomah intersection between animal law and criminal law at the County Circuit Court; Renee Rothauge, Markowitz state and federal level, with reports on recent Oregon The MBA CLE Committee presents a two-hour CLE Herbold; and Bonnie Richardson, Folawn, cases and a discussion of the shift from animal as the focusing on Washington and Clackamas County court Alterman & Richardson. property of the owner to a being with its own rights. updates. This CLE is designed for all attorneys and Where should we draw the line. . . ? will provide information and forms for navigating the For more information: Washington and Clackamas County Courts. Call Seth Row, Parson Farnell & Grein at Speaker Denise Lukins is a private practice attorney of 503.222.1812. For registration questions, call the 20 years’ experience, an accomplished horsewoman and Our panel includes Washington County Presiding MBA at 503.222.3275. dog trainer, and is also the hearings examiner for the Judge Charlie Bailey and Clackamas County Clark County and City of Vancouver Animal Control Presiding Judge Robert Herndon. This class will Hearings. As a Deputy District Attorney in Washington assist the practitioner in adjusting to court procedures County, speaker Andrew Freeman has been outside of Multnomah County, including court prosecuting animal abuse and neglect cases for several organization, filing and serving your complaint, years. He now serves as co-chair of the Washington general calendaring, routine motion practice and County Animal Protection Multi-Disciplinary Team, scheduling and getting court assistance with trial and a community collaboration among regional law pleading issues. enforcement and other government agencies and non- The class will also provide attendees with updates profits organized to address the interaction between to both Washington and Clackamas County court animal abuse and other kinds of violence. The MDT has practices. Printed materials and online resources will had substantial success investigating and prosecuting be available to provide further assistance to attorneys animal abuse crimes. who may practice in either or both of these counties.

For more information: For more information: Call Leslie Johnson, Kent & Johnson at 503.220.0717. Call Cynthia F. Newton, Swanson Thomas Coon & For registration questions, call the MBA at 503.222.3275. Newton at 503.228.5222. For registration questions, call the MBA at 503.222.3275. 3 Multnomah Lawyer

Multnomah County Trial Practices Update Thursday, May 21, 2015 3:00-5:00 p.m.

World Trade Center Auditorium 26 SW Salmon, Portland Members $55 Non-members $85

This year’s program will feature presentations by Multnomah County Presiding Judge Nan Waller, Chief Family Court Judge Maureen McKnight and Chief Civil Court Judge Stephen Bushong. Topics will include motion practice, jury selection, briefing, jury instructions, making and arguing objections, managing witnesses and exhibits, handling presentation media and other procedural and practical issues faced by trial lawyers. The panel will also identify and discuss approaches for avoiding significant trial practice mistakes that Multnomah County judges frequently encounter. The program is designed for attorneys at all levels Molly Jo Mullen of experience, and practitioners are strongly encouraged to take advantage of this excellent opportunity to ask questions. Please join us for this 503.595.7802 informative discussion. 24 years civil and criminal trial experience. [email protected] For more information: Call Courtney Dippel, Folawn Alterman & Richardson at 503.546.4630. For registration questions, call the MBA at 503.222.3275.

Photocopy, complete and mail or fax the registration form with payment to the MBA to reserve your space. Or register online and receive a $5 discount. Self-study materials from past CLE classes may be downloaded at www.mbabar.org.

CLE Registration Form Seminar Selection: Please select the seminar(s) you wish to attend. Written materials Receive a $5 discount when registering online at mbabar.org. for each class are included with registration. Pre-registration with payment is required to reserve a space; at-the-door registrations are accepted if space is available; an additional $5 charge will apply.

3/11 Annual Family Law Update Class Registration Online ($50 Members/$80 Non) o Class Registration ($55 Members/$85 Non) ...... $______NAME ACCOUNT NUMBER o CD-ROM & Written Materials ($55 Members/$85 Non) . $______3/18 Presenting Expert Witnesses at Trial FIRM EXPIRATION DATE AND SECURITY CODE Class Registration Online ($50 Members/$80 Non) o Class Registration ($55 Members/$85 Non) ...... $______o CD-ROM & Written Materials ($55 Members/$85 Non) . $______ADDRESS SIGNATURE 3/19 Assisted Reproductive Technology Law for Practitioners Class Registration Online ($50 Members/$80 Non) o CITY STATE ZIP BILLING ADDRESS FOR CARD (if different) Class Registration ($55 Members/$85 Non) ...... $______o CD-ROM & Written Materials ($55 Members/$85 Non) . $______3/31 Animal Law - Are Neglected Animals Property or “Victims”? PHONE Class Registration Online ($50 Members/$80 Non) o Class Registration ($55 Members/$85 Non) ...... $______o OSB# CD-ROM & Written Materials ($55 Members/$85 Non) . $______4/8 Buying, Selling, or Transitioning in or out of Law Practice Class Registration Online ($50 Members/$80 Non) Member Status: Payment Options: o Class Registration ($55 Members/$85 Non) ...... $______o MBA Member o Check o VISA o MasterCard o CD-ROM & Written Materials ($55 Members/$85 Non) . $______o 4/23 Washington & Clackamas County Courts Update o Non–Member American Express Class Registration Online ($50 Members/$80 Non) o Class Registration ($55 Members/$85 Non) ...... $______Registration forms with payment must be received in the MBA office by 3 p.m. the day before the seminar, or o CD-ROM & Written Materials ($55 Members/$85 Non) . $______the “at the door” registration fee will apply (see fees for each class and fill in the blank on registration form). 5/21 Multnomah County Trial Practices Update Registration forms may be mailed or faxed to the address or number below. Accommodations available for Class Registration Online ($50 Members/$80 Non) persons with disabilities; please call in advance for arrangements. o Class Registration ($55 Members/$85 Non) ...... $______o CD-ROM & Written Materials ($55 Members/$85 Non) . $______Photocopy registration and mail or fax with payment to: Total due ...... $______Multnomah Bar Association 620 SW FifthA ve., Suite 1220 n Portland, OR 97204 503.222.3275 n Fax to: 503.243.1881

Register online and order or download MBA self-study materials at www.mbabar.org. Reduced fees for unemployed members are available and are assessed on a case-by-case basis. For details, call the MBA at 503.222.3275.

4 www.mbabar.org March 2015

research and innovation, and AFCC-Oregon to Hold First seeks to identify best practices, in Partners drifting apart? order to achieve the best outcome Conference for children and families. We now have an Oregon by Michael Dwyer chapter of AFCC. Kathy Gillis, Dwyer Mediation Center Ph.D., is our president. Officers include: Seville Easley (VP), and debates, and its limitations. Scott Leibenguth (secretary) Along with the Hon. Katherine and Collin McKean (treasurer). Tennyson, who will offer us her Board members include the always-insightful views from Hon. Katherine Tennyson and the bench, we will also explore the Hon. Lauren Holland (Lane policy and practices regarding County). William Howe, Linda Shared Parenting. Sherman, Ph.D., Laura Rackner, AFCC stands for the and Judith Swinney are other Association of Family and Portland professionals on the Conciliation Courts. It is an AFCC-Oregon Board. interdisciplinary and international We hope you can join us association of professionals for this exciting, inaugural ROBERT J. MCGAUGHEY, ATTORNEY dedicated to the resolution of conference. At a cost of $125 for family conflict. AFCC members Shareholder Partner LLC Member Disputes On April 10, the Oregon chapter AFCC members, this is the best are the leading practitioners, of AFCC will hold its first educational value a family law 2440 Fox Tower, Portland 97205 503-223-7555 www.law7555.com researchers, teachers and daylong educational conference lawyer or mediator could ever policymakers in the family court at the Grotto Conference Center hope to find. arena. (www.afccnet.org) in Portland, devoted to that Details and registration AFCC is dedicated to most challenging subject: Shared information can be found at improving the lives of children Parenting of minor children. www.or-afcc.org/index.cfm. and families through the We are delighted to present resolution of family conflict. Leslie Drozd, Ph.D. and Robert Michael Dwyer is a lawyer- AFCC promotes a collaborative Mediation • Arbitration Simon, Ph.D., who are nationally mediator, a past president of the approach to serving the needs of prominent forensic experts. MBA, and member of the AFCC- Experienced children among those who work They will educate us on the Oregon Board of Directors. 44 years in litigation in and with family law systems. current social science of Shared 25 years in arbitration AFCC encourages education, Parenting, the controversies Effective

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5 Multnomah Lawyer SummerWorks Helps Our Community Prosper mba announcements YLS Lunch & Learn by Loren Podwill Join the YLS for a Lunch & Learn on Tuesday, March 10 at Kells. Bullivant Houser Bailey Peter Richter, chair of the MBA Court Liaison Committee, is the speaker. His topic is “Musings from a Curmudgeon Advocate.” It’s important that, as citizens legal profession. Inna was a quick Cost is $25 per person, and seating is limited. Register now at and business leaders, we study and very good with detail www.mbabar.org. provide opportunities to youth – swiftly mastering aspects of our in our community. I’m proud filing system, back office work Free CLE Webcast to MBA Members of Bullivant’s partnership with and phone system. She was eager The video webcast of the seminar entitled “Privilege and Ethics SummerWorks and impressed to contribute and a joy to be Related to In-House General Counsel within a Small or Mid-sized by the professionalism and around. We set up opportunities Law Firm” is now available in the Members Center at mbabar.org. enthusiasm of the young adults for her to job-shadow alongside The seminar is worth two hours of ethicsOS B MCLE credit. that have worked with us. our paralegals and attorneys to MBA members receive access to a rotating selection of six - Loren Podwill enhance her experience. Loren & Inna differentCL E seminars each year – a $300 value. The free webcast We were so impressed with content is refreshed every two months, so stay tuned! Do you remember your first job? Inna’s enthusiasm and diligence Inna has been an exceptional Mine was at a resort in the New during the summer that when employee, but she is not alone. Noon Bicycle Rides There are many youth in our York Catskill Mountains (of the we were later planning for our Take a noon break for a short, fast ride with hills. Meet at SW community with potential who movie Dirty Dancing fame). There receptionist’s parental leave, Yamhill and Broadway between noon and 12:10 p.m. on Mondays just need opportunities to learn I learned among other things, to we decided to give Inna a call. and Thursdays. Contact Ray Thomas at 503.228.5222 with critical workplace skills that can be comfortable communicating Even though school limited her questions, or just meet at the start. with lots of total strangers, a skill availability, we worked around only come through real work that has served me well in my this. The intern program, and experience. Over the last decade, Statement of Diversity Principles Available to Sign teenagers and young adults have career as a trial attorney. our positive experiences with The MBA Equality & Diversity Committee invites you to sign experienced the steepest drop A teen’s first job experiences it, inspired us to provide the the Statement of Diversity Principles. Read the statement at in employment rates. You can are crucial to gaining the opportunity to a young person www.mbabar.org/about-us/diversity.html and demonstrate your make a difference. I encourage skills and experience to build in our community. We could commitment to diversity by signing the statement online at my colleagues to learn more an economic foundation and have easily gone the typical mbabar.org/AboutUs/DiversityPledge.html. transition to adulthood. But temporary staffing route. I have about the program and consider today, only one in four teenagers to admit, I was a bit nervous but opening your office this summer Paralegals Conference Features Chief Justice Balmer to a SummerWorks intern. can find a summer job. That’s why I’m glad we did it. Chief Justice Thomas A. Balmer of the Oregon Supreme two years ago Bullivant partnered Court has agreed to be the keynote luncheon speaker for the SummerWorks is a youth with Worksystems, Inc. and “I am so thankful for National Federation of Paralegal Associations, Inc. (NFPA) workforce development initiative their SummerWorks program. my internship at Bullivant on Sunday, May 3 at the organization’s joint conference at the of Worksystems, Inc., a non-profit ThroughS ummerWorks, and then being hired by the Standard Insurance Center in downtown Portland. Chief Justice organization that pursues and local youth - especially those firm afterwards. Having the Balmer will speak on the topic of access to justice and the use invests resources to improve the from diverse and low-income opportunity to interact with of paralegals, while under the supervision of lawyers in the quality of the workforce in the communities – can get a paid, people in the legal profession has community, to assist in the delivery of legal services. City of Portland, Multnomah 180-hour internship and an on- strengthened my desire to become NFPA is a nonprofit professional organization representing and Washington Counties. To ramp to career success. an attorney and it also has given more than 8,000 paralegals and is headquartered in Edmonds, WA. learn more, contact Reese Lord This summer, we had the me the tools to progress towards NFPA’s core purpose is advancement of the paralegal profession. (503.478.7340 or email privilege to work with Inna, a my goal with excitement.” NFPA promotes global presence for the paralegal profession [email protected]) or visit young woman from Ukraine. - Inna Voronova and leadership in the legal community. Locally, the Oregon www.worksystems.org/ She arrived with bright eyes, Paralegal Association is an active member of the NFPA. For more summerworks. enthusiasm and an interest in the information, please check out www.paralegals.org or call 425.967.9588.

school denied her access to Transgender Students in the girls’ restroom. TheU .S. Department of Education has Binary Spaces made similar determinations involving transgender K-12 by Paul Southwick students in at least two recent Save the Date MBA Equality & Diversity Committee cases (See Arcadia Unified School District, Case No. 09-12- Last year was a landmark year George Fox University denied 1020 (2013) and Downey Unified MBA 109th Annual Meeting, for the rights of transgender a transgender male student’s School District, Case No. 09-12- students. The U.S. Department request to live in sex-segregated 1095 (2014)). Dinner & Judges Reception of Education, Office for Civil on-campus housing with other However, as more progressive Rights, announced that Title IX males because the student was decisions are reached by state Thursday, May 7 protects transgender students not biologically or anatomically and federal agencies, some from discrimination on the male. Moreover, George Fox politicians are fighting against basis of gender identity and University, and at least five other these advances. In Kentucky, 5-8 p.m. transgender status. Maine’s religiously affiliated colleges and for example, a state lawmaker Supreme Judicial Court ruled universities, sought and received is sponsoring a bill that would Portland Marriott Downtown Waterfront that school officials violated the religious exemptions from Title penalize schools that allow state’s discrimination law, which IX’s requirements as applied transgender students to use 1401 SW Naito Parkway prohibits discrimination based to transgender students. But the restroom consistent with on gender identity, by requiring religiously affiliated institutions their gender identity. Under the a transgender student to use a were not the only ones to proposed legislation, a student staff restroom instead of one impose a strict gender binary could sue a school for $2,500 if consistent with the student’s on transgender students. Some the student encounters someone However, there are no state records (See www.pps.k12. gender identity. And California’s women’s colleges, including of the opposite anatomical sex requirements or guidelines for or.us/files/genderal-counsel/ statute allowing transgender Smith College, have refused in the school restroom and the public schools to follow when Transgender_Students.pdf). To students to use restrooms and to admit transgender women, school permitted it or failed making determinations on extend these protections beyond other sex-segregated facilities resulting in student body protests to stop it. In Florida, a state transgender student access to Portland Public Schools, the consistent with their gender advocating for the inclusion of lawmaker is proposing a bill sex-segregated spaces. Portland Oregon Legislature and state identity, regardless of anatomy or transgender women at these that would make it a crime for Public Schools has filled this agencies should enact statewide biological sex, took effect. institutions. a transgender person to use a gap by creating clear, detailed legislation and regulations, However, despite transgender In the K-12 system, Coy public restroom that does not rules and guidelines regarding similar to those in use by students gaining greater visibility Mathias, a transgender girl in correspond to their biological transgender student access to Portland Public Schools, to and legal protections in recent the first grade, won a ground- birth sex. Similar policies have sex-segregated spaces, as well ensure that all of our transgender years, some institutions have breaking ruling from the been proposed in other states. as other issues important to students have safe and equal enforced a strict gender binary Colorado Civil Rights Division Here in Oregon, our anti- transgender students and their access to restrooms and other when it comes to admissions, in 2013 when the agency discrimination statutes prohibit parents, such as student privacy facilities consistent with their restrooms, housing and determined she had been discrimination on the basis of and the ability to change name gender identity. other facilities. For example, discriminated against after the gender identity in public schools. and sex designations on student

6 www.mbabar.org March 2015

disciplined if the Oregon Supreme Court takes a different view on a Ethics Focus particular rule than the bar (as has happened on occasion). Commenting When the OSB initially At the same time, Oregon’s recommended switching from history does not mean that the on the the DRs to the RPCs, the bar’s comments are not an important Free Conference Room study committee focused on the resource for Oregon lawyers. In Comments rules rather than the comments. fact, the Oregon Supreme Court Space in Downtown Portland The ABA Model The study committee’s report, has used the comments in recent which remains available on the years for precisely the reason the The Professional Liability Fund is offering Oregon Rule Comments in OSB website (“Final Report of the ABA drafters and theOS B study lawyers free use of a conference room located at 520 Special Legal Ethics Committee committee envisioned: to explain SW Yamhill Street, Suite 1025, Portland, Oregon. Oregon on Disciplinary Rules,” June 14, and illustrate the text of the rules. To reserve this space and learn more details about 2003), was not against eventually Two ready examples are In re this free conference room space, go to the PLF by Mark Fucile adopting the comments. Rather, Hostetter, 348 Or 574, 238 P3d 13 website, www.osbplf.org, and click on Practice Fucile & Reising the study committee’s report (2010), and In re Spencer, 355 Or noted the significant change that 679, 330 P3d 538 (2014). Management, then Oregon Lawyers’ Conference Room. simply replacing the text of our Hostetter involved the Special thanks to the law firms of Jaqua & Wheatley rules involved and, therefore, did former client conflict rule -R PC not include the comments “at 1.9 - and the interpretation of and Perkins Coie for their donations of books for the this time.” The study committee’s what constitutes a “substantially OLCR library wall. report emphasized (at 9), related” matter that would however, that “it is the intention trigger application of the rule of the … Committee that the and a potentially disqualifying Comment[s] be a recognized conflict. TheO regon Supreme MBA_2015_PLF_Conference_Room_2 col x 4 interpretive guide.” Court turned to the ABA Model Today, the ABA reports Rule comment and its integrated that 39 states and the District definition in answering that key RICHARD G. SPIER of Columbia have adopted the question, noting (at 348 Or at 590): MEDIATOR comments as their supreme “That definition is not binding on When Oregon moved from courts’ official guides for this court, but we consider it for its the old “DRs” to the RPCs a interpreting their RPCs. persuasive value.” decade ago, the Oregon Supreme Regionally, these include Spencer addressed the “doing Court adopted professional Washington, Idaho and Alaska. business with clients” rule - RPC rules patterned closely on the Another four states have adopted 1.8(a) - and the interpretation ABA’s influential Model Rules the comments as “unofficial” of what constitutes a “business of Professional Conduct. Then, guides for interpreting their transaction” that falls within as now, the ABA Model Rules RPCs. Oregon is not among the rule and the resulting contained an integrated set them. Despite the original study responsibility for meeting the of “black letter” rules and an committee’s hope, Oregon has not rule’s high bar for disclosure and accompanying set of interpretive revisited adopting the comments. consent. Again, the supreme comments. The ABA Model Particularly in those states court turned to the ABA Model Highly experienced–full-time neutral since 1992 Rules explain (in Comment where the supreme courts have Rule comment in answeringFree that Conference Room n 21 to the “Scope” section) the adopted the comments as “official” central question, observingSpace (at in DowntownBusiness & Portlandcommercial; personal injury; relationship between the two guidance, the practical utility 355 Or 686): “Given the identity professional liability; employment; estates & trusts; intended by the drafters: is just that: they represent the between the text of RPTheC 1.8(a) Professional Liability Fundreal estate is offering& construction Oregon lawyers free use of a “TheC omment respective supreme courts’ own and the text of the ABconferenceA rule room located at 520 SW n Yamhill Street, Suite 1025, Portland, accompanying each Rule guidance on what the text of the on which it was modeled,Oregon. we To reserve this Listedspace in and Best learn Lawyers more® for details Mediation about this free conference explains and illustrates the rules means. By contrast, even find the commentary roomtoA BA space, go to the PLF website, www.osbplf.org, and click on Practice Oregon’s very comprehensive set of meaning and purpose of [Model] Rule 1.8(a) persuasiveManagement, then Oregon Lawyers’503-284-2511 Conference Room. the Rule ... The Comments ethics opinions is - under Oregon’s in interpreting the meaning of Fax 503-284-2519 unique RPC 8.6 - advisory only are intended as guides to Oregon’s rule.” Special thanks to [email protected] law firms of Jaqua & Wheatley www.spier-mediate.com and Perkins Coie for their donations and, consequently, does not interpretation, but the text of of books for the OLCR2536 library N.E. 28th wall. Avenue n Portland, Oregon 97212-4916 each Rule is authoritative.” preclude lawyers from being Continued on page 15 No charge for travel time or travel expense in Oregon and Washington

MBA_2015_PLF_Conference_Room_3 col x 3

7 Multnomah Lawyer Fire Loss Claims? level with the fundraising and community outreach activities • 18 years experience as a Around the Bar of BBBSCN while continuing to General Contractor. mentor his little brother through high school. • Experienced fire and casualty insurance adjuster. of experience in the Portland Amy Angel, partner at market. Her practice is a blend the firm, has joined the board • Available to represent of complex litigation, counseling, of Portland Opportunities the insured party in and training. Industrialization Center, Inc. maximizing recovery from (POIC). The organization’s the insurer. mission is to reconnect • Fees contingent on alienated at-risk youth affected increased recovery. by poverty, family instability and homelessness, focusing Millard & Bragg on high school education Attorneys at Law, PC through Rosemary Anderson High School, and career 503-305-7806 419 5th Street Oregon City, OR 97045 training through POIC Work www.millardlaw.com Jeanette Schuster Opportunity Training programs. Admitted to Practice in Oregon and Washington Tonkon Torp Amy was also recently elected Jeanette Schuster has been vice president of the Multnomah named to the board of directors Bar Foundation Board. of Women in Environment Richard Alexander (WiE), a Pacific Northwest K. William Gibson organization focused on Stoel Rives supporting environmental Richard Alexander, senior Arbitrator & Mediator professionals in the region. counsel in the firm’s Portland No charge for travel Schuster is a partner in the office, was appointed by former to Central Oregon, firm’s environmental and natural Governor Kitzhaber to the Eugene, and Salem resources practice group. She Oregon State Board of Architect provides advice and practical Examiners. The board has (503) 307-1676 solutions on environmental responsibility for the licensing, gibsonmediation.com compliance and enforcement discipline and promulgating matters and on commercial and of regulations for architects real estate transactions for clients in the State of Oregon and in diverse industries. was created by the Oregon Legislature in 1919. It protects Damien Hall public health, safety, and welfare Ball Janik by regulating the practice of Damien Hall has been appointed 35 Years Experience architecture. It ensures that to the CareOregon Board of persons practicing architecture Governors. CareOregon is a Court Arbitration • UM/UIM Arbitration • PIP Disputes in Oregon are properly qualified nonprofit providing health plan Business/Real Estate • PI Mediation and licensed and is responsible services to four coordinated care Business Mediation • Real Estate Mediation for disciplining those who violate organizations, which serve about Schedule online at www.gibsonmediation.com/calendar the law. 250,000 Oregonians. Alexander represents public Hall’s practice areas are land and private owners, prime use and real estate. contractors, major subcontractors and suppliers, and design professionals in the construction Fitzwater Meyer Hollis & Paul Migchelbrink and design field.C urrently his Marmion Farleigh Wada Witt practice is limited to serving as Firm partner Theressa Hollis Paul Migchelbrink, a an arbitrator and mediator in has been unanimously elected Arbitration and Mediation shareholder, was recently elected construction disputes. president of the Special chair of The Salvation Army Advocates for Vulnerable Thomas W. Brown Portland Metropolitan Advisory Oregonians (SAVO) Board • Approved arbitrator for Arbitration Service of Portland Board. He has served as a board of Trustees. She is a founding • Approved mediator for Oregon Court of Appeals member since 2010, and was vice member of the organization and Settlement Conference Program chair in 2014. was its first treasurer. • Member OSB Alternative Dispute Resolution Section, The Salvation Army SAVO is dedicated to Executive Committee celebrates its 150th anniversary in assisting the court in protecting • 2015 Best Lawyers’ Portland-OR, Insurance Law, “Lawyer of the Year” 2015, and will hold special events individuals under guardianship • 2014 Best Lawyers’ Portland-OR, Appellate, “Lawyer of the Year” throughout the metro area to from potential abuse, neglect and celebrate this milestone. exploitation. Migchelbrink maintains a diverse business practice emphasizing corporate matters, real estate and commercial The Around the Bar column finance, and intellectual Tyler Volm reports on MBA members’ property and brings over 20 moves, transitions, promotions years of legal knowledge and and other honors within the experience to the board. profession. The submission deadline is the 10th of the month preceding publication Sam Imperati, JD or the prior Friday if that date falls on a weekend. All Mediator & Arbitrator submissions are edited to fit column format and the The Best Lawyers in America® information is used on a Dispute Resolution space-available basis in the 2006 - 2015 order in which it was received. Submissions may be emailed to 35 Year Attorney Amy Angel Carol Hawkins, [email protected]. 23 Year ADR Practitioner Barran Liebman Tyler Volm has been named to When your client Caroline Guest the Ambassador Board of Big needs a resolution Brothers Big Sisters Columbia Ogletree Deakins Northwest (BBBSCN) chapter. Caroline Guest has been elected Tyler has volunteered with the as the co-managing shareholder organization for five years as a big 503.244.1174 of the firm’s Portland office. brother. TheA mbassador Board She is a labor and employment [email protected] will allow Tyler the opportunity Inc. www.mediate.com/icm attorney with more than 20 years to contribute at an organizational Resolution Services 8 www.mbabar.org ResolutionResolution Services Services Mediation,Facilitation Facilitation,– Mediation – Arbitration Negotiation, Leadership, and Decision Making Training Mediation,Strategic Fac Visioningilitation, Strategic and Training Visioning & Training March 2015

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Multnomah Lawyer

Tips From the Bench

Communication Breakdown by Judge Stephen K. Bushong Multnomah County Circuit Court A lawyer contacted me recently and asked for my list of pet peeves. I thought I must be neglecting this important judicial responsibility because I didn’t have a list. But there are things that lawyers do (and don’t do) that annoy me. So I started Refusing to talk to your client. making a list. Of course, that got Lawyers sometimes object to me thinking about the classic Led document requests as overly Zeppelin song, “Communication broad and unduly burdensome. Breakdown.” When you read my When the matter comes to me list, you’ll see why. on a motion to compel, I may Refusing to talk to opposing ask the lawyer, “How do you News from the Courthouse counsel. I often ask lawyers know complying with the request appearing in my courtroom, would be unduly burdensome? by Brad Blommer reduce gang violence by recruiting at the open houses is posted on “Have you discussed this with Have you talked to your client?” Court Liaison Committee community members to provide a the county’s website. opposing counsel?” Too many Too many times, the answer is positive presence in gang-affected Multnomah County will be times, the answer is “no.” Or “no.” Before going to court, you In February, the MBA neighborhoods by walking the requesting in the current session worse, one lawyer says they should always talk to your client Courthouse Liaison Committee streets for 45 minutes, once a that the legislature authorize $17 conferred, and the other lawyer about resolving whatever issues heard from Circuit Court Chief week, for one year. 11:45 has also million in bond funding for the says they have not. You’d be are in dispute (or even the entire Criminal Judge Julie Frantz made mentors available to the next stage of the project. amazed at how much you can case). Bringing up settlement is about four innovative criminal court. Gang-affiliated offenders, Judge Waller recently accomplish just by talking to not a sign of weakness. programs. ages 18-24 who are charged attended a meeting of presiding each other. Sending an email isn’t Attempting to litigate with a misdemeanor, may be judges in Salem, where Chief enough. Pick up the phone and discovery issues/disputes Veteran’s Docket offered participation in the 11:45 Justice Balmer spoke about talk to each other. Have lunch or during trial. The time for raising Multnomah County started mentor program as a condition of the new Oregon Docket coffee.A ctual communication discovery issues is before trial. its special Veteran’s Probation probation. Eligible defendants are Management Initiative. The will resolve lots of issues, and will Don’t try to convince the jury that Docket in July 2014, following required to have one lunch with initiative will focus on effective make the practice of law more you should win your case because the national trend for an 11:45 mentor. The mentors are and efficient case flow docket enjoyable for you and the judge. the lawyer on the other side failed establishing dedicated veterans’ courts to assist those who face then available if the defendant management techniques for Failing to respect jurors/court to give you all the documents you criminal problems after serving chooses to continue the contact all case types. The docket staff. Don’t keep the jury waiting requested. If necessary, raise it in the country’s military. The and receive guidance on how to get management initiative also will in the jury room for hours while with the judge, not the jury. Jurors Veteran’s Probation Docket, out from under gang influences. include re-examining time to you argue in excruciating detail don’t care about your discovery managed by Judge Eric disposition standards across all every “matter for the court.” issues; they have more important Bergstrom, handles the cases Justice Reinvestment case types. Summarize, get right to the point, things to decide. The judge may of veterans with certain eligible The MultnomahC ounty Justice Court Administrator Barbara and move on. Don’t be rude to prevent you from bringing this up criminal cases. A representative Reinvestment Program (MCJRP) Marcille discussed progress court staff when they are unable in front of the jury. Discovery is a from the Veterans Health was established as a result of on building a management to get you exactly what you want tool to help you prepare for trial, Administration attends court passage of HB 3194 in 2013. team at the courthouse and the when you want it. Don’t be rude not a relevant issue for the jury to hearings to make referrals and HB 3194 provides money to reorganization of operations to your own associates and staff. consider and decide at trial. coordinate VHA services. This local communities to reduce units. For the first time, there Remember, the courtroom clerk Asking potential jurors if they docket is small but continues the use of prison beds so that are now managers in all of (and thus, the judge) sees and think that serving on the jury to grow as word spreads another prison does not have to the following areas: civil, hears everything that happens in would be a personal hardship. throughout the community. be built. Defendants eligible for criminal, family, administrative the courtroom. I always question jurors about Veterans face unique challenges MCJRP participate in a risk/need services, technical training, and their availability and decide which Failing to own up to your upon returning to public life assessment to assist prosecutors, technology, and all operations jurors should be excused for mistakes. The practice of law is after service. This program defense lawyers, probation officers units report to a manager. The hardship. After I’ve made those extremely difficult and stressful. recognizes the need to address and the court in determining court has also added a public decisions, the lawyers have an Everyone makes mistakes. When those challenges when veterans whether a defendant can safely information analyst who opportunity to question potential you do, don’t blame your staff, or end up in the criminal justice be kept in the community on will focus on responding to jurors about their life experiences the opposing side; just own up to system by ensuring that they probation with wraparound questions, problem solving, and and any prejudices or biases they it. As with the Watergate scandal, receive the VA services to which services in place. Services available disseminating information for may have. Some lawyers use that the cover-up may be worse than they are entitled. include housing assistance, mental the public and the bar. The court the crime. opportunity to give jurors another health treatment, drug treatment, will be looking at the content chance at being excused for Mental Health Court family counseling, mentors and on its website, reevaluating Attacking opposing counsel. hardship: “Tell me again why it Mental health court is in its parenting classes. courthouse signage, reviewing Judges and jurors don’t care would be hard or inconvenient for fifth year.C urrently, Judge You the court hearing notification about the injustices, real or you to serve on this jury.” Please presides over this program. Presiding Judge’s Report system, and looking for other otherwise, that you have suffered don’t ever do this; that’s my job. ways to improve communication. at the hands of opposing counsel. This is a multi-system effort and Courthouse Update In the song, Robert Plant The court will also be seeking Stick to the evidence and the where service providers assist Multnomah County held two open sings: “Communication feedback on a proposal for law. Take the high road even if individuals with diagnosed houses on the new courthouse breakdown, it’s always the same. modifying the current expedited opposing counsel is being a jerk. mental illnesses who are project to give the public and I’m having a nervous breakdown; civil jury program to encourage involved in the criminal justice stakeholders information on Torturing the jury. Jurors often drive me insane.” Doing the participation. system. Participants have the the two sites approved by the tell me after trial in civil cases that things listed above won’t drive An interesting aside shared by benefit of the case managers’ Multnomah County Board of the lawyers repeated the same me insane, but it will irritate Judge Waller is that some historic knowledge of mental health County Commissioners for further points over and over. The jurors me. Avoid the “communication court records were recently and other community services. consideration. The Hawthorne get it; they don’t need to hear breakdown” when talking to found in a Multnomah Circuit Once enrolled in the program, bridgehead site has been you make the same point for the other lawyers, your clients, the Court offsite storage facility. participants continue to attend designated as the preferred site, and umpteenth time, especially at the jury, and the court. weekly, bi-weekly, or monthly Three boxes of handwritten end of the day or right before a the block between the Marriot and case records from the Territorial sessions with the mental health the KOIN Tower is the alternate lunch break. It’s just torture. Pay Endnote: The song Court of Multnomah (prior to court judge to ensure compliance site. The county is continuing to attention to jurors’ body language “Communication Breakdown,” Oregon statehood - circa 1855) and progress. study both sites as their suitability (and the clock). Shorten your written by Jimmy Page and were discovered. The records for the new courthouse. At the closing argument; you want it to Robert Plant, appears on the Gang Outreach will be reviewed and archived open houses, information on both have an impact on the jury, not band’s 1969 debut album Led properly, and the hope is that The gang mentorship program sites was presented as well as the bore or annoy them. Zeppelin and was released as the some of these records could is part of the 11:45 project. timeline and next steps for the B side on the band’s first single, eventually be displayed in the This is a community project to project. The PowerPoint displayed “Good Times/Bad Times.” new courthouse.

10 www.mbabar.org March 2015

of riveting steel beams into To “Litigate” or “Advocate” Multnomah County cages and wrapping them in concrete instead of using Or, “If You Are a Hammer, Courthouse timber for supports.15 1 o At eight stories high, Everything Is a Nail” A Brief History it was the largest courthouse on the West by Peter Richter by Charley Gee Coast.16 It featured 11 MBA Court Liaison Committee Chair MBA Court Liaison Committee courtrooms, which was, at the time, projected the opponent. In fact, a young sketches were presented in an to fill the need for local “litigator” at a large national law in-depth story in the April 17, county courtroom firm once admitted to me that his 1892 edition of The Sunday space indefinitely.17 firm held in-houseCL Es teaching Oregonian.7 However, the Construction cost how to avoid discovery! construction was abruptly $1.6 million (about As a partial attempt to counter halted by the financial panic $39,000,000 in 2015).18 this trend, your MBA Court of 1893 and the proposed • 1915: Multnomah County Liaison Committee has begun a courthouse was never built.8 Circuit Court Judge Calvin poll of those who see and hear, • 1890: Portland attorneys U. Gantenbein opened the firsthand, how we act in their Charles Carey, Rufus Malloy, Northwestern School of Law courtrooms. We have started and Alfred Sears Jr. formed in the courthouse after The to collect “Pet Peeves” from the Multnomah Law Library.9 Multnomah County judges to University of Oregon’s Law The men recruited 100 19 identify the behavior that judges School moved to Eugene. Surely it was a coincidence that Portland attorneys to pledge believe is inappropriate and work Prior to the mid-1860s, most just as responses were being $100 each against what should be the goal trials in Oregon occurred in to fund the received from the MBA Court 1 of every lawyer - help their clients private buildings or outdoors . Liaison Committee’s survey of library and resolve their legal problems: Early Polk County pioneer and Multnomah County Circuit Court Judge Julius • Favorably lawyer Ruben Boise wrote of an judges’ “Pet Peeves,” and as I was Moreland • Economically 1854 trial in Eugene that was finishing up a case in which I pledged • Efficiently heard “in the open air under a had to keep reminding myself free rent • Professionally. large oak tree, with a table and and heat for to “advocate” not “litigate” (I’m chair for the judge and some We have also begun polling the library ashamed to say sometimes with chairs and rude benches for the lawyers about their “Pet Peeves” in the not much success), I read an article lawyers and other attendants, about judges. All participants have courthouse, by the Hon. Mark W. Bennett, a and when the court business got been assured of total anonymity to but use U.S. District Court judge for the slack, we adjourned to the race encourage candor and help us all was limited Northern District of Iowa, entitled track, which was nearby.”2 1 achieve our goal. to dues- Reflections on Judicial Regrets. A s Portland and Multnomah Judge Bennett “...was surprised by The caseI recently concluded paying Multnomah County Courthouse, 1934 County rapidly expanded in 10 the lack of preparation, the poor reminded me how important the attorneys. • the mid-19th century, though, th 1964: A change occurred in following are: • 1909: By the early 20 quality of the advocacy, and the the need for a courthouse the Multnomah Law Library 1. Face-to-face meetings are century, the need for a new diminishing collegiality of lawyers presumably became clear. While when the first Multnomah always better than an endless courthouse was obvious (especially from out of state),” a the two courthouses that have Bar Foundation finally and escalating chain of emails, to the community. The sentiment often shared by our occupied the block between secured enough supporters which usually resolve nothing. editor of The Morning Oregon judges. Judge Bennett SW 4th and 5th Avenues, and to reform the library board 2. The endencyt must be Oregonian, remarking on went on to observe, as have many SW Taylor and Salmon Streets and modernize the library’s curtailed to “overlitigate” the planning and bidding of our Oregon judges, that “...I hosted many notable trials and practices. Fred Salway, the by exchanging seemingly process wrote that “[i]t will remain deeply troubled by the personalities in their years, the first librarian hired in 1910, endless discovery requests be a gorgeous house, but incredibly overbroad discovery buildings and their functions retired. In his place a young and inadequate responses a mighty expensive one to requests and obstructionist also had a rich local history: lawyer and professional so that we do not turn into keep. It will not be built for responses I observed. Plaintiff’s • librarian named Jacquelyn 1864: Portland’s first public $800,000, as estimated, either, counsel often asked for so much what Judge Bennett calls “the Jurkins was hired.20 When she building, the Multnomah nor furnished for less than irrelevant information that ‘litigation industry’ [which] was hired, Jurkins would not County Courthouse was $300,000...[t]he building they would have no idea what has mushroomed, while real give any commitment to the commissioned as the rapidly will be unnecessarily large, to do with it if they received it. trial lawyers are now on the library beyond two years.21 expanding port city grew. luxurious and elaborate. The request for production of endangered species list.” She continued as the Library The site chosen was a parcel Of course, with so many documents and interrogatories 3. We need to teach, train, Administrator until her of land owned by William courtrooms and so many are almost always accompanied and give young lawyers the retirement in 2014. Chapman, a lawyer and early office rooms, we shall have to by a list of definitions that exceed experience necessary for 3 • city leader. 11 1978: An energy efficiency them to become advocates elect men to occupy them.” the length of the Magna Carta, • study concluded that building 1866: Construction of the • 1910: University of Oregon the Declaration of Independence, and not litigators. a skylight over the interior first Multnomah County Law School graduate Fred the U.S. Constitution, and The I am reminded that the lightwell and courtyard of the Courthouse was completed. Salway was hired as the Gettysburg Address, combined. etymology of “Litigate” and courthouse would be “like It was a two story Italianate librarian of the newly opened Their overbroad discovery requests “Litigation” is from the Latin verb putting on a big blanket in structure with a relief of Abraham Multnomah Law Library.12 are inevitably met by every equally “lītigāre,” meaning “to quarrel, the courtyard and tucking Lincoln carved into the front • 1912: Construction of the silly and impermissible boilerplate fight, fall out, argue, squabble.” 4 it in to keep the heat.”22 keystone. Its construction current Multnomah County objection known to human kind. In contrast, to “advocate” is However, given the shortage cost $65,000 (approximately Courthouse began. The Then, the defendants add ‘without a verb meaning “to speak or 5 of space in the already $970,000 in 2015). building was designed by waiving the foregoing objections write in favor of; support or crowded courthouse the Portland we...’ and produce only a dribble urge by...[discussion].” See decision was eventually made architects of the requested information. Judge Stephen Bushong’s “Tips to utilize the space for offices. Ion Lewis Counsel for both sides are guilty of from the Bench” column for his • 2015: Following years of and William obstructionist conduct in discovery. observations about how we can deterioration and studies Whidden, Such lawyers are almost always become better advocates. showing a severe danger of who had also members of the ‘litigation industry.’ Watch future articles for collapse in an earthquake, designed They are not real trial lawyers. additional judges’ “Pet Peeves” and Multnomah County Circuit Portland’s Then, there are the depositions and lawyers’ “Pet Peeves” about judges! Court is ready to begin the City Hall.13 the objections frequently made process of moving from The building by Energizer Bunny perpetual its century-old building, was to be objecting machines - ‘litigators’ - groundbreaking in its time, comprised of masquerading as real trial lawyers.” to a modern new courthouse For numerous reasons, most a rectangular Workers demolish the original Multnomah County that will be constructed on the young lawyers today have been ring around the Courthouse in 1911 banks of the Willamette River. taught and trained primarily in block that left a the process and procedure of courtyard in the • 1885: A major renovation of the (Endnotes) “litigation” - that is, the use of all center. The brick foundation first courthouse added a wing of the original 1866 1 Fred Leeson, Rose City the discovery tools available under 6 on the Salmon Street side. Justice: A Legal History of the various practice rules. Too courthouse was incorporated • 1890s: Because of Portland’s Portland, Oregon. (Oregon often, the goal of the “litigator” into the basement and rapidly growing population, Historical Society Press, is the use of techniques to delay, foundation of the new the relatively new courthouse courthouse.14 1998), 17 obfuscate, outlast, and outspend “If you would win a man to your became stretched to its limits. The new courthouse was 2 Leeson, Rose City Justice, 17 1 cause, first convince him that you o American Bar Association Journal of Plans for a new courthouse built using the then new 3 Leeson, Rose City Justice, 24 are his sincere friend.” the Section of Litigation, Vol. 41, No. progressed far enough that fire prevention technique - Abraham Lincoln 2 (Winter 2015). Continued on page 15 11 Multnomah Lawyer

Megan, what were the most From Public Service to notable parts of being stationed in Afghanistan and Iraq? Private Practice The most notable part of being deployed to Iraq was YLS Member Spotlight experiencing how hot it can Young really get - even having lived by Jeanne Sinnott for years in Texas. The best Lawyers YLS President description I have is being in a dry sauna, filled with sand and Megan McGuire and Cody September 11, 2001. I ended dust blowing around in wind Berne, first-year associates with up in the Texas Army National that somehow is hotter than the Section Miller Nash Graham & Dunn Guard because I wanted to be a stagnant air. The most notable LLP’s litigation department, Military Intelligence Officer and part of Afghanistan was the rice. followed unique and interesting the Texas Army National Guard

mb a I know, odd. But I had the best paths to the practice of law. After at the time had an entire Military rice I’ve ever eaten purchased earning her degree in English Intelligence Battalion. Plus, my at a bazar in Kabul. I still think YLS Board Changes Literature from the University of mom’s side of the family is from about that rice. I wish I could Connecticut, Megan joined the Texas and it seemed like a great recreate it. The YLS would like to recognize Texas Army National Guard as adventure. Cynthia Gaddis’ contributions an intelligence analyst and was Cody, what is the biggest to the YLS and thank her for deployed to Baghdad, Iraq. She misconception that the public her hard work and dedication. later worked for a private civilian has about police officers? contractor, and was stationed in The biggest misconception is Afghanistan and Iraq. probably about what motivates After growing up in Portland, the officers. Most go to work Cody Berne attended Pomona every day to do the right thing. College in Claremont, California. But sometimes the dominant After college, Cody returned narrative in the news does not to his hometown and spent six reflect that. It can be frustrating years with the Portland Police for a lot of police officers. Bureau. During his time with Certainly bad things happen, Tom Adams the Bureau, Cody worked with but people forget that police HEAT (Hotspot Enforcement officers must make very difficult T om Adams has been Action Team), a unit that was Cody Berne decisions very quickly. People appointed to fill the vacancy left created to address gang violence don’t often hear about the good by Cindy. Tom graduated from in Portland, as well as with What about you, Cody? Why decisions or about the events that Cynthia Gaddis New York University School the downtown bicycle patrol. I did you join the bureau? resolve without a major problem. of Law and was admitted to recently sat down with Megan I joined the bureau because I Misconceptions can cast a pall She graduated from Lewis & the OSB in 2011. He practices and Cody to discuss their wanted to have an immediate on police, which can make it Clark Law School in 2011. personal injury and consumer respective backgrounds. and positive impact on the more difficult for them to do Cindy joined the YLS Service law at Forum Law Group LLC. community where I grew up, and their jobs. to the Public Committee in Tom joined the YLS Professional I wanted to see public policy in 2011, served as co-chair of Development & Education action from an “on the ground” How did your respective that committee in 2013-14, Committee in 2012 and presently perspective. I wanted to see backgrounds help prepare you and joined the YLS Board of serves as chair of that committee. how directives and legislation for the practice of law? Directors last summer. As board In addition to his work with the from our political leaders Cody: Working as a police liaison, she played an integral YLS, Tom is an Oregon Trial and legislature were actually officer, you learn to deal with all role in the development of the Lawyers Association Guardian implemented, and be the person different types of people: good YLS Entrepreneur Academy. and volunteers with both LASO’s carrying out the charge. people, bad people, and everyone Cindy is leaving Portland to take Domestic Violence Project and in between. Policing also gave the position of Protected Leave Big Brothers, Big Sisters. Cody, can you describe a me perspective. Some of the Supervisor with the Washington specific instance when you difficulties that lawyers think are State Department of Labor and had immediate and positive a huge pain aren’t such a big deal, Industries. impact on the community? in the grand scheme of things. Megan McGuire Sure. I speak a little Spanish, and I Megan: Being an intelligence remember a call where an autistic analyst has three major Megan, why did you join the child who spoke no English was components: sorting through National Guard? wandering the streets. After a large amounts of information, A primary motivation was few hours, we found out where analyzing that information, Justice Trivia - March 26 financial assistance for school. he belonged, and we were able and drawing conclusions and I was the first person in my to reunite him with his family. making predictions based on by Shayda Le immediate family to go to It felt good - it was a situation that information. Based on my YLS Membership Committee college, I paid my own way, where I had some background experience so far, I can see a lot and the National Guard that was useful and I was able to of similarities between being Please join us on has a great tuition waiver help. Also, while working with an analyst and practicing law; March 26 at Kells program. My other primary HEAT, my partner and I would notably, synthesizing large Irish Restaurant motivation came from my talk regularly to kids who were amounts of information. Also, I & Pub for trivia family’s history of service at high risk of becoming gang learned in the service that being led by ShanRock’s and sense of patriotism. My members. I got to know many of part of a strong team is the best Triviology. Doors grandfather served in the Navy these kids, and cared about them, way to be successful. Probably will open at 5:30 p.m. during the Korean War and my and hopefully they cared about the most important way that and trivia begins dad was in the Air National the choices they were making in my prior experience has helped at 6 p.m. Teams of The Campaign for Equal Justice Guard Military Police. So, I part because of us. prepare me for the practice of up to five people are welcome, is ramping up for its last event of was always fascinated with law is that it gave me tools for with a cost of $10 per person the campaign season to present the armed services and even managing time and stress. Justice Trivia! The CEJ provides to benefit Legal Aid Services more motivated to serve after critical financial support to of Oregon. Teams will also be Oregon’s legal aid programs. forming at the event for anyone It was founded by lawyers who wants to join a team, get to and is supported by the legal know other young lawyers, and community all throughout our compete for a good cause. Light YLS Business Law CLE Series state. Justice Trivia is a fantastic appetizers will be provided and a opportunity to learn more about cash bar will be available. There legal aid and the essential role it will be prizes for trivia winner Begins Thursday, April 16 plays in access to justice in our and best team name. Register at community, as well as a chance www.cej-oregon.org. to meet and spend time with other young lawyers. Nine hours of OSB MCLE credit in total. See flyer insert for details.

12 www.mbabar.org March 2015 YLS Director Nominees David R. Boyajian Three three-year positions start Shayda Le graduated from YLS Pro Bono Spotlight July 1. In the event of a contested Boston University School of election, a ballot will be sent to Law and was admitted to the by Tracy Hooper members. Only YLS members Massachusetts Bar in 2011 and YLS Pro Bono Committee may vote for YLS Directors. the OSB in 2012. She practices in the area of employment law David Boyajian learned the legal system and participated at Barran Liebman LLP. Shayda importance of providing pro in Tulane’s Juvenile Criminal joined the YLS Membership bono legal services at a young Law Clinic, despite having to Committee in 2013, and age. His father received the complete his entire year of 1L presently serves as chair of the Rhode Island Bar Association’s courses in a single semester YLS Entrepreneur Committee. Pro Bono Publico Award for because of the hurricane. Shayda volunteers with YLS his commitment to pro bono As a maritime attorney at David R. Boyajian Wills for Heroes program, activities for the elderly. David Schwabe, Williamson & Wyatt, and serves on the Campaign recalls admiring the plaque David makes pro bono work a standard of 80 hours of pro bono for Equal Justice Associates in his father’s office which priority for his practice. He is legal services each year. Committee. She is also a represented the time and effort an active member of Schwabe’s David believes attorneys member of the Iranian American his father dedicated to pro bono Pro Bono Committee, which have an obligation to provide Professional Society of Oregon, work. David’s father taught him identifies and promotes pro bono pro bono services and should and Women in Insurance and that attorneys have the special opportunities and encourages organize and prioritize their Holly Hayman Financial Services. privilege of access to the legal attorney involvement. practices accordingly. “Finding system and an obligation to Additionally, he handles two the time for pro bono work Holly Hayman Graduated make that access available to cases per year for Schwabe’s is challenging but making the for the U of O School of Law everyone, especially the most East County Legal Clinic, which time for it is every lawyer’s and was admitted to the OSB vulnerable members of society. serves low-income members responsibility.” While there are in 2011. She works at Leonard David’s commitment to pro of east Multnomah County’s many pro bono opportunities Law Group LLC and specializes bono services was reinforced Hispanic community. David available, David recommends in commercial bankruptcy and while he was a law student at describes his work for the legal that attorneys find a cause they business law. She joined the Tulane University Law School clinic as intimate and rewarding. care about, carve out the time, YLS Membership Committee during and afterH urricane He has handled a variety of and seek out a way to help. in 2011, and presently serves as Katrina. In the wake of the cases for the clinic, including David is also deeply involved chair of that committee. Holly storm, the courts were running debt collection cases where his in the local and regional volunteers her time with the at an extremely reduced clients were being intimidated maritime community. He Legal Aid Services of Oregon capacity; computer systems and unfairly threatened with currently serves as vice president Bankruptcy Clinic, and serves were destroyed, files were lost, deportation. While he often of the Board of Directors of on the Campaign for Equal Evan Lenneberg and court personnel had been spends a considerable amount of the Maritime Commerce Club Justice Associates Committee. displaced. As a result, juvenile time on these cases, sometimes of the Columbia River and as She is a member of both the OSB Evan Lenneberg graduated offenders were being detained all it takes is a phone call or vice president of the Board of Debtor-Creditor Section as well from Lewis & Clark Law School past their release dates. David two to save a client thousands Directors for the Merchants as Oregon Women Lawyers. and was admitted to the OSB recognized the strong demand of dollars or countless hours Exchange of Portland, Oregon’s in 2012. He works in the areas New Orleans had for individuals of worry. Through these and Scholarship Fund. of construction litigation, real who could help provide a other activities, David routinely estate transactions and litigation voice within the compromised exceeds the OSB’s aspirational at Ball Janik LLP. Evan joined the YLS Pro Bono Committee in 2013, and currently serves Group Health Insurance for 2015 as chair of that committee. He Consider The MBA Group Insurance Plans is also a Lewis & Clark Law Eligible Law Firms Can Enroll Anytime School Mentor, and is a member of the OSB Construction Law Check out the NEW plans offered by the Multnomah Bar Association Section Executive Committee. • New Gold, Silver, and Bronze Plans Evan represented the YLS on • NEW insurance carrier, Oregon Health CO-OP, added to Providence and Kaiser options the OSB Pro Bono Celebration • 11 PPO plans with access to nationwide PPO networks Committee. • 3 H.S.A. plans Shayda Le • Oregon or Clark County, Washington, law firms are eligible to enroll • Firms with offices outside Oregon can enroll accessing nationwide PPO networks • All Portland area hospital systems are covered under PPO networks

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Ethics Focus into history, the body of case law developed under that set of The Corner Office prof essionalism Continued from page 7 professional rules adopted here in TheOS B has made similar Oregon in 1970 often no longer use of the comments in recent offers insights into contemporary Here at the Corner Office, even of deflated footballs first became opposing counsel, our first ethics opinions, including those practice topics. when we think about topics public. Even if they’re cleared of memorandum to the court, addressing emerging technology The comments are a besides law - sports, for example the current charges, the team will our first interaction with a issues such as listservs (OSB readily available resource. They - the MBA Professionalism continue to operate under a cloud. supervisor. By our conduct Formal Op. 2011-184), metadata are available for free on the Statement always seems to rise The other incident got much we can control how we are (OSB Formal Op. 2011-187) and ABA Center for Professional to the surface. Two recent items less attention. Unless you’re a perceived. The RPCs lay out the social media (OSB Formal Op. Responsibility’s website: from the sports page, one well tennis fan, you probably missed bare minimum standards, but if 2013-189). www.americanbar.org/groups/ known and the other obscure, it. During the Australian Open, we aim no higher than that, we These cases and ethics opinions professional_responsibility.html. come to mind. Tim Smyczek, a 112th-ranked will eventually lose the respect also illustrate two important Perhaps someday Oregon Unless you’ve been living journeyman, implausibly took of our bar colleagues and of the practical reasons for using the will join the vast majority of in Guantanamo for the past the great Rafael Nadal to a fifth public. The MBA Professionalism comments as a risk management jurisdictions that officially integrate month, you’ve heard about set and had him on the ropes. Statement reminds us of the zone resource. First, because Oregon’s the comments into the professional “Deflategate.” TheN ew England When Nadal tossed the ball beyond the rules, where we do professional rules are now based rules. In the meantime, however, Patriots allegedly played the AFC to serve, a boorish fan yelled things not to avoid discipline, but on the ABA Model Rules, the the comments still offer extremely championship game with balls something that distracted him, because they’re “the right thing accompanying comments often useful practical guidance on the that they intentionally deflated and the serve went long. Under to do.” If we commit ourselves supply answers to the key nuances meaning and application of the below the league’s required the rules, Nadal had only one to the example of Tim Smyczek that lawyers confront in real RPCs crafted by the drafters of the minimum pressure. Coach Bill more serve. Smyczek did not (and evidently, of his parents), life. Second, as the old DRs fade corresponding ABA Model Rules. Belichick vigorously denied the hesitate. He caught the chair our reputations individually as accusation at a press conference. umpire’s attention and held up practitioners and collectively as a The league will investigate. two fingers, the signal to give profession will benefit. Media commentators greeted Nadal another first serve. Nadal’s Belichick’s denial with varying team stood and applauded the g degrees of skepticism. Many gracious gesture. Pro Bono Volunteers counseled waiting for the factual Nadal went on to win the The Corner Office is a recurring investigation, but it is telling match, and said, “What he did feature of the Multnomah Lawyer Thanks to the following lawyers that almost nobody said, “I at the end of the fifth is just and is intended to promote the Mark Griffith• A lysia Harris • and law students who donated can’t believe the Patriots would amazing. He’s a great example, discussion of professionalism D ona Hippert • Theressa Hollis their pro bono services recently do such a thing. They’re not what he did today.” Smyczek taking place among lawyers in • G ordon Howard via the Volunteer Lawyers that kind of outfit.” The more shrugged off the praise with a our community and elsewhere. • Justin Howe • John Huth Project, the Senior Law Project, common reaction was, “I don’t comment that perhaps revealed While The Corner Office cannot • R obert Johnson • Edward law firm clinics, the Oregon know if they did it or not, but his Wisconsin upbringing: “I promise to answer every question Johnson • Samuel Justice • Law Center, the Nonprofit that’s about their speed.” know my parents would have submitted, its intent is to respond Maria Keddis A pril Kusters Project, St. Andrew Legal Clinic, • • That’s because the Patriots killed me if I didn’t. It was the to questions that raise interesting William Kwitman Elizabeth Catholic Charities Immigration • came into Deflategate with right thing to do.” He has earned professionalism concerns and Lemoine Justin Leonard Legal Services, Lewis & Clark’s • • an established reputation for a solid reputation as paragon of issues. Please send your questions Small Business Legal Clinic, Barbara Long • T amara Maher pushing the rules to their limits, sportsmanship. He will get the to [email protected] and indicate Children’s Representation • Erin Mahoney • R iley Makin and perhaps beyond. In 2007 the benefit of every doubt. He is the that you would like The Corner Project, and Changing Lives • S uzana Malek • Tc im M Neil league punished them for illegally anti-Belichick. Office to answer our question. Forever Project. To learn more • Thomas Noble • James videotaping the sideline signals of It’s clear where this is going. Questions may be submitted about pro bono opportunities in O’Connor • R ichard Parker • Jets coaches. The incident became As lawyers, our reputations are anonymously. Multnomah County, go to www. Theodore Piteo• C laire Poulin • known as “Spygate.” It was on priceless. We begin building mbabar.org and click on “About D avid Robinson • Julie Rowett • everyone’s mind when the issue them with our first email to Us” and “Pro Bono.” C raig Russell • Michael Schaefer • Kyle Schumacher • Philip Mitchell Baker • C larke Balcom Schuster II • G eorge Senft• • A lexander Baldino • C ody I an Simpson • Binita Singh • Berne • Michael Blaskowsky • Jonathan Smale • D onna Smith Steven Cade • R ichard Canaday • Binita Suri • L indsay Tallon • C aroline Cantrell • Brett • James Tschudy • D anielle Carson • A nn Chapman • Vakoutis • Evans Van Buren • Thomas Chow • C raig Cowley S halini Vivek • Emery Wang • • A manda Dalton • L aura R obert Wilkinson • Benjamin Donaldson • Joel Fowlks • Wornell • Michael • Yates • Jon Fritzler • D avid Gannett • Whitney Yazzolino Court Bonds N adine Gartner • D avid Gray • Fast turnaround. Apply online or over the phone. Multnomah County 14 Leeson, Rose City Justice, 87 A percentage of Court Bond fees are 15 Leeson, Rose City Justice, donated to Legal Aid Services of Oregon Courthouse 87-88 Continued from page 11 16 Leeson, Rose City Justice, 88 17 Leeson, Rose City Justice, 88 www.mba.onlinecourtbonds.com 4 Leeson, Rose City Justice, 24 18 Leeson, Rose City Justice, 88 5 Leeson, Rose City Justice, 24 19 Leeson, Rose City Justice, 89 877-553-6376 | Fax: 888-658-6761 6 Leeson, Rose City Justice, 26 20 Leeson, Rose City Justice, 158 7 unknown Author, New 21 Leeson, Rose City Justice, 158 County Courthouse, The Partnering with: 22 Editorial, Courthouse Sunday Oregonian, April 17, underwritten by: Cavity – to fill or cap?, the 1892, page 18. Oregonian, July 18, 2978, 8 Leeson, Rose City Justice, 26 Page 18. 9 Leeson, Rose City Justice, 57 10 Leeson, Rose City Justice, 57 Courthouse photos used courtesy of 11 unknown Author, No Title, Oregon Historical Society The MorningO regonian, July OR-Hi 63240 & OR-Hi 58923 19, 1909, Page 6. 12 Leeson, Rose City Justice, 157 13 Leeson, Rose City Justice, 86-87

15 Multnomah Lawyer

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Three (4-12 years of experience) to available conference rooms offices (approx. 9 x 10, 11x17 work in its dynamic and busy present your clients with and 13x19) with 17x19 reception transactional business and real knockout views of the West area, conference room, kitchen Mary Osborn, CLTC estate department. We are a Hills. The location is the top and amenities, with easy street floor of the 1000 Broadway Call 503.998.5902 highly regarded, long-existing parking and separate entrance. firm serving institutional Building. Spaces were decorated $1,800 per month. Mostly Or email at: clients in Washington, Oregon, by a professional designer. Two today furnished if desired, including [email protected] Idaho and California. We conference rooms, kitchen reception station. Phone system to learn more. have a sophisticated real estate and file room available to available. Small firm with and business practice led by share and receptionist services practice complementary to our some of the most experienced MuLTNoMAHprovided as part of lease. LAWYER OCTOBER 2007 Immigration and Bankruptcy and influential attorneys in Copier, fax and postage services practices such as Tax, Business, Oregon. We are searching for an available. Parking available, or Real Estate preferred. Contact All We Do Is Long Term Care Insurance attorney to work in the areas of private gym, and bank in Gretel Ness or Rich Parker at commercialWhat real estateI finance,Did on My Summerbuilding. Vacation Call Scott Brown at 503.241.1320 or [email protected] sales,By Michael leasing Dwyer, and work-outs MBA President-Elect. for 503.228.5027. our institutional lender clients. Beaverton Attorney Office Close in SW Office Space The successful candidate will be week at Harvard University BuildingCloke’s mediation for Over class 35 Years was one on of Theheart 3700 and mind.Barbur Cloke Building stressed that self-motivated,A possess excellent nd in mid-July hardly cracks 2several and offerings.Tucker Fox, a lecturer we customarily opt for resolving communication, writing and has a corner office available, the usual list of top summer Tatw oHarvard main floor Law School,offices led ideal a class for conflict at a superficial level: the research skills, have a strong with reception area, including vacation ideas. But the chance smallcalled firm Beyond or soleYes One,practitioners referring level of mere settlement. 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Threeparticipated offices in either available: a movement two two,Please week-long email sessions.resume My own In the second week, a prominent or yoga class followed by 30 ������������� and cover letter to hr@ side-by-side with a north view, Advanced Mediation class with Seventrio offered Office emerging Attorney roles Suitefor minutes of guided meditation. mcewengisvold.com no later both approx. 126 sq. ft., and one ������������������ world-renowned mediator Ken Threelawyers. offices David Hall’s available new in book Class e demonstrated benefits of than March 20, 2015 at 12 with west view approx. 133 sq. Cloke drew attendees from every Acaptures Building the - Cspiritascade of this Sq uare.class. It is incorporating meditation into ����������� p.m. After receipt of resumes, ft. - furnished or unfurnished. corner of the globe and the US. Lentitledocated offe H Spiritualwy 217 Revitalizationand Hall a professional practice include interviews will be scheduled. Share space with four attorneys. Blvd.of the with Legal easy Profession: freeway A and Search WE forS increased empathy and insight, Resume/cover letter must Two conference rooms, Sponsored by the Harvard trainSacred access. Rivers O. ffices are 13x10, reduced reactivity, and greater include: kitchenette, copier, fax, secure TEMPORARY & PERMANENT PLACEMENT Negotiation Insight Initiative 10x19 and 13x14. Rent ranges attention and attunement. Harvard, • Work experience with shredding, recycling. Available (HNII), a relatively new offspring fromA dominant $600-$800 theme depending running on Yale and other top law schools have dates of employment and for immediate occupancy. $900 of the Project on Negotiation at officethrough size. the Te programlephone, is fax, that Wi- to offered courses in meditation, and LEGAL NORTHWEST compensation. each. 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C ofall HNII also holds autumn • Salary expectations. broaden and deepen the way we Lconflictisa at 503.646.9230 with others oronly email if we – workshops. e MBA is discussing understand, teach, and practice [email protected], negotiators and judges a joint HNII-MBA conference to negotiation and dispute resolution – bring an authentic, peaceful be held in Portland next year. by integrating insights from the presence into the mediation or world’s ethical, philosophical, and settlement arena. To do that, we Michael Dwyer is a mediator and ���������������� ����������������700 SW Taylor Floor 2 spiritual traditions.” must be fully engaged in body, lawyer with Dwyer & Miller, and Portland, Oregon 97205 is the President-Elect of the MBA. ���������������Tel 503-242-2514 Free Event Publicity �����������������������Fax 503-274-7895 ����������������������www.legalnw.com [email protected] When the MBA’s most recent website launched, it included a unique feature: the ability for law-

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17 Multnomah Lawyer We’re pleased to After 36 illustrious years of welcome Matt Mertens, practicing business litigation, our new associate. our managing shareholder, Matt is a member of our firm’s Business, Peter Glade, has retired. Litigation, and Business & Restructuring practice groups. Previously, he clerked for the Hon. Elizabeth L. Perris in the United States Bankruptcy Court for the District of Oregon. [email protected] 503.972.2522 (direct)

PORTLAND l sussmanshank.com l 503.227.1111

And what a legacy he has left us. Peter Glade has been the archetype of what constitutes an “exceptional” trial lawyer. Knowledge of his craft, poise un- Dwyer der pressure and thoughtfulness have made Peter an icon within the legal community. We’ll miss his easy smile and Michael Dwyer Mediation the highly potent eggnog he made every holiday season. Congratulations, Peter! Lawyer of the Year & Law Family Law Mediation Best Lawyers® 2015

Business Litigation at a Higher Level www.dwyermediate.com | 503-241-9456

Portland | 503.295.3085 | markowitzherbold.com

DisputeWILSON Resolution

Mediation & Arbitration www.wilsonadr.com

O.M. “Met” Wilson 503.972.5090 [email protected]

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Museum members can select from over 250 regional artists and an inventory of over 2,000 works in all media. Search the Rental Sales Gallery collection at portlandartmuseum.org. For hours and assistance, phone 503-224-0674 or email [email protected]. Rental Sales Gallery • 1237 SW 10th Avenue

18 www.mbabar.org Chernoff Vilhauer, LLP is proud to announce that our partner PETER STAPLES has been Appointed to the International Trademark Association’s Trademark Mediators Network.

The Network is a global panel of mediators who are skilled in trademark and unfair competition law and trained in the art of mediating intellectual property disputes. INTA is highly selective in accepting attorneys to become members of the Trademark Mediator’s Network. Pete is the only INTA Mediator in Oregon. Pete has practiced patent, trademark, copyright and trade secret law in Portland for over 30 years and maintains an active litigation practice and growing practice in mediation and arbitration of intellectual property matters.

www.chernofflaw.com

March 2015

Chernoff Vilhauer, LLP It is with great excitement that is proud to announce that our partner we introduce our new managing shareholder, Kerry Shepherd. PETER STAPLES has been Appointed to the International Trademark Association’s Trademark Mediators Network.

The Network is a global panel of mediators who are skilled in trademark and unfair competition law and trained in the art of mediating intellectual property disputes. INTA is highly selective in accepting attorneys to become members of the Trademark Mediator’s Network. Pete is the only INTA Mediator in Oregon. Pete has practiced patent, trademark, copyright and trade secret law in Portland for over 30 years and maintains an active practice with growing emphasis on mediation and arbitration of intellectual property matters.

email: [email protected] Go get ‘em, Kerry. www.chernofflaw.com Kerry, congratulations and welcome to the top spot at Markowitz Herbold. You have earned it. Your honed legal skills, the quality of your character and your vision for the 10 OREGONSTATEBARBULLETIN MONTHYEAR future have made you the natural choice to take the helm of our firm. We have the utmost confidence in your ability to guide Markowitz Herbold in bold new directions. It’s going to be an exciting ride!

Business Litigation at a Higher Level

Portland | 503.295.3085 | markowitzherbold.com

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19 Multnomah Lawyer

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