NOVEMBER 2020 Responding Also Inside: to Ramos Courtroom Focus in Oregon Shifts as Classroom to Reviewing Previous Cases Oregon Lawyers Train and Addressing Impact of Mock Trial Participants In Implicit Bias Among Jurors Advocacy and Life Skills OREGON STATE BAR BULLETIN NOVEMBER 2020 VOLUME 81 • NUMBER 2 Lewis & Clark Law School Professor Aliza Kaplan (front) and her Criminal Justice Reform Clinic’s Ramos Project team are working to ensure that everyone with a nonunanimous jury conviction has access to the courts, assistance with filing and information related to the U.S. Supreme Court’s recent Ramos decision. As freelance writer Len Reed reports in the story that begins on Page 18, it’s all part of an effort to address the repercussions of a law that was deeply rooted in Oregon’s racist past. Photo by Jaime Valdez by Jaime Photo FEATURES 18 Responding to Ramos Focus in Oregon Shifts to Reviewing Cases and Addressing Jurors’ Implicit Bias By Len Reed 26 Courtroom as Classroom Oregon Lawyers Train Mock Trial Participants in Advocacy and Life Skills By Janay Haas 32 A 21st Century Courthouse New Multnomah County Facility Aims to Improve Users’ Experience By Phil Favorite COLUMNS 5 From the Editor 38 Profiles in the Law Making Compliance a Treat Advocacy that’s ‘Intensely By Gary M. Stein Personal’: Cindi Chandler Polychronis Uses Legal Skills to 11 Bar Counsel Increase Diversity, Improve Lives Meeting Prospective Clients: By Melody Finnemore Understand the Duties that Arise from Consultations 42 Lawyer Well-Being By Sarra Yamin Quarantine in the Kitchen: In a Stressful World, Baking 15 The Legal Writer Restores a Sense of Joy In Her Own Words: RBG’s By Mai T. Nako Lessons on Writing and Collegiality 48 Legal Heritage By Suzanne E. Rowe Liberty and Justice for All: The The Oregon State Bar Bulletin (ISSN 0030-4816) 15th Amendment at 150 and is the official publication of the Oregon State Bar. the 19th Amendment at 100 The Bulletin is published 10 times a year (monthly By Paul K. Stafford except bimonthly in February/March and August/ September) by the Oregon State Bar, 16037 S.W. Upper Boones Ferry Road, Tigard, OR 97224. The DEPARTMENTS Bulletin is mailed to all members of the Oregon State Bar, a portion of the dues for which is allocated 7 Letters 58 Bar People for the purpose of a subscription. TheBulletin is 9 Briefs Among Ourselves also available by subscription to others for $50 per Moves year, $90 per two years, within the United States. 52 OSB Education & Research In Memoriam Individual copies are $5; back issues are $5 each, 54 Bar News when available. Periodicals postage paid at Portland, 64 Classifieds Oregon 97208. POSTMASTER: Send address 57 Bar Actions 67 Attorneys’ Marketplace changes to Oregon State Bar, P.O. Box 231935, Discipline Tigard, OR 97281-1935. 70 Photo Finish FROM THE EDITOR Making Compliance a Treat By Gary M. Stein Mandy Collingham, the division’s man- tion until we have all the forms from the en- agement assistant, agrees. tire division,” Collingham says. “It is quite “We would have to send multiple re- funny, because they try to trick her into minders, copy management on those emails telling them what forms are still missing and even in a few cases submit our division’s from their sections and also who won. We forms without a few attorneys,” Collingham have to lock up the book because they try to says. “Eventually, they got them turned in, come take a peek. but it was a nightmare. Neither Phyllis nor “Phyllis is very smart and doesn’t spill I looked forward to this time of the year.” the beans, but she does egg them on along Cue the cinnamon bombs. the way,” Collingham adds. “At the end, she “In 2017, I felt like I needed to come up sends a blank email that just says ‘And The with a plan to collect all the forms without Winner Is,” and then waits 10-15 minutes all the resistance I was getting,” Nelson says. to send out another that actually announces “I had all summer to come up with a plan, the winner.” and one day it came to me that I should run Collingham and Nelson both think the a contest among the seven sections.” attorneys like the idea of sections compet- Bulletin Photo File Bulletin Photo She told her brother, who owns a tro- ing against each other, with the bonus of a Gary M. Stein phy shop, what she was trying to accom- plish, and he agreed to create an award for n just a few weeks, the 120 lawyers in the winning section. “He thought it was a the General Counsel Division at the great idea,” she says. “He gave me a tro- Letters to the Editor Oregon Department of Justice will get phy for free, and he also engraves it free of I The Bulletin welcomes letters. They charge for me.” an email from legal secretary Phyllis Nel- should be limited to 250 words. Prefer- son that is going to make some of them She also decided to offer an additional ence is given to letters responding to very happy indeed. And the rest? Well, let’s incentive. letters to the editor, articles or columns just say that if you procrastinate during the “I decided I would bake some treats to recently published in the Bulletin. OSB’s regulatory compliance season, there accompany the trophy, along with a thank- Letters must be original and addressed to won’t be any Apple Carmel Cinnamon you card for the section that won the con- the Bulletin editor. Unsigned or anony- Bombs headed your way. test,” she says. In the first year, the treat was mous letters will not be published. (There It’s Nelson’s job, you see, to wrangle Carmel Apple Cinnamon Roll Lasagna. The are exceptions. Inquire with the editor.) Letters may not promote individual prod- all of the necessary forms — the annual pa- second year it was a cake, and the third year ucts, services or political candidates. perwork that covers bar membership fees, was the aforementioned Apple Carmel Cin- PLF assessments or requests for exemp- namon Bombs. Letters may be edited for grammatical errors, style or length, or in cases where tions, and IOLTA compliance — from the Needless to say, the reactions have been language or information is deemed division’s seven sections. That hasn’t always overwhelmingly positive — although it’s unsuitable or inappropriate for publica- been an easy task. not quite clear whether it’s the trophy, the tion. Profane or obscene language is not “I would send out an email along with baked goods or just the spirit of competi- accepted. examples of all the forms that needed to tion that gets folks excited. Send letters to: Editor, OSB Bulletin, P.O. be turned in to me,” Nelson says. “The re- “We don’t tell them when a section has Box 231935, Tigard, OR 97281. Or you sponses I would get back were not very completed turning in all the forms, and may email them to [email protected]. nice. I felt like I was walking in a landmine.” Phyllis does not announce the winning sec- HOW TO REACH US: Call (800) 452-8260, or in the Portland area call (503) 620-0222. Email addresses and voicemail extension numbers for Bulletin staff are: Gary M. Stein, editor, [email protected] (ext. 391); Mike Austin, associate editor, [email protected] (ext. 340); Kay Pulju, communications director, kpulju@ osbar.org (ext. 402); and Spencer Glantz, classified ads and lawyer announcement ad rates and details, [email protected] (ext. 356), fax: (503) 684-1366. Display advertising: Contact LLM Publications at (503) 445-2240, [email protected]. NOVEMBER 2020 • OREGON STATE BAR BULLETIN 5 Who will win the trophy this year for being the first section in the Oregon Department of Justice’s General Counsel Division to turn in all of its regulatory compliance paperwork? More importantly, what kind of baked goods will accompany the award? trophy and the dessert. “But the section that available online at osbplf.org/assessment- wins the year before immediately tries to exemptions/overview.html keep the title,” Collingham says. “They don’t • Bar membership fees and IOLTA like to give the trophy up the next year.” forms must be submitted by Feb. 1, 2021. Trophy and treats are awarded at the Late fees of $100 for active members and victorious section’s meeting right after all $50 for inactive, retired and pro bono mem- of the forms are turned over to ODOJ’s bers will be added to the membership fee Administrative Services department — on Feb. 2; if not paid by April 1, suspen- typically in mid-December. Nelson says she sion begins April 2. For more on IOLTA re- hasn’t decided what this year’s treats for the porting, go to osbar.org/IOLTA; for details winning section will be. But she is sure of on membership fees, visit osbar.org/fees/ one thing. FeeFAQ.html. “Since I started this, the responses to • Pursuant to a recent Supreme Court me have been so much better,” she says. “I order, the deadline to complete required now enjoy collecting the forms from the at- MCLE credits has been moved from Dec. torneys.” 31 to April 30. This change is permanent *** and will apply to all future reporting sea- Compliance season is well underway, sons. The new MCLE deadline for all ac- of course. MCLE information was sent to tive bar members in all reporting cycles to OSB members in late October, with PLF electronically certify and submit reports is assessments set to follow before Thanks- May 31.