Resources for Pro Bono Attorneys

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October 2015 Lawyers associated for justice, service, professionalism, Multnomah education and leadership for our members and our community October 2015 Volume 61, Number 9 Est. 1906 Lawyer

types of legal problems that lawyers can solve with the A Call to Multnomah use of phones, the internet, and videoconferencing. For example, many types of administrative law hearings, mba CLE County Attorneys such as unemployment compensation hearings, happen To register for a CLE, please see by telephone. A rural client can scan and email rental below or go to www.mbabar.org Help Bridge the Urban- paperwork to a Portland area pro bono attorney and the and log in as a member to register attorney can advise him or her over the phone about at the member rate. Rural Pro Bono Divide whether or not they are entitled to a deposit return. With a local Legal Aid office facilitating referrals and OCTOBER by Maya Crawford the sharing of documents, there are many core poverty Legal Aid Services of Oregon law issues that can be solved without the attorney and 10.6 Tuesday client meeting in person. Training and mentoring can Peer Review Privilege in More than 850,000 Oregonians live in happen virtually as well. Medical Malpractice Cases poverty and are eligible for free civil The law firm of Miller Nash Graham & dunn LLP has long been Judge Jerry Hodson Legal Aid. This number represents a 61.5% increase in poverty since an innovator when it comes to serving pro bono clients. They will be Nikola Jones 2000. Some rural communities have been even harder hit, such as partnering with Legal Aid on a novel approach to pro bono, a virtual Jane Paulson Central Oregon, where there has been a 70% increase in poverty clinic we are calling the “Adopt a Legal Aid Office” project. Elisa during this same time period. With this increase, Oregon’s four Legal Dozono, a partner at the firm and their Pro Bono Committee chair 10.7 Wednesday Aid programs have seen an increased demand for services. Legal Aid states that, “our firm is excited about Summary Judgment helps people in poverty with a wide variety of legal problems. We help the opportunity to work with Legal Aid In this day and age Sarah Crooks domestic violence survivors obtain civil protection orders; protect the to problem-solve around serving rural where technology Andrew Schpak rights of the homeless and help them get access to needed services; clients. For example, through the use of is ubiquitous, there help tenants living in substandard housing; help the elderly and technology, clinics could be facilitated are fewer barriers 10.8 Thursday people with disabilities secure medical assistance; help homeowners via videoconferencing, enabling Miller to urban attorneys Legislative Update Nash Graham & Dunn attorneys in any Susan Grabe facing foreclosure; and help workers to obtain unemployment providing legal help benefits when they have been wrongly denied. of our offices to speak ‘face to face’ with John Davis As poverty has increased, resources for Legal Aid have not kept up clients at a regional Legal Aid office.” to rural clients. Shemia Fagan with demand. We have always leveraged our resources by engaging This type of partnership, a large firm the services of pro bono attorneys. In 2014, hundreds of pro bono adoption of a regional office for pro bono service, has never been 10.27 Tuesday lawyers handled more than 2,500 pro bono cases and contributed undertaken in Oregon before. Legal Aid thanks Miller Nash Graham Elder Abuse Reporting many thousands of hours of free legal work. The vast majority of this & Dunn for exploring this model with us. We are hopeful that it will Amber Hollister volunteer work has been coordinated through Legal Aid’s Portland be a model we can emulate with other Portland area law firms. Ellen Klem pro bono initiatives such as law firm legal clinics and the MBA- Legal Aid also coordinates a statewide pro bono listserv called Judge Katherine Tennyson supported Volunteer Lawyers Project. Pro Bono Oregon. Private attorneys anywhere in the state can join Given our limited resources, Oregon’s Legal Aid organizations the listserv. Legal aid offices post cases on a weekly basis. Pro bono 10.28 Wednesday develop service delivery models based on best practices as laid out by attorneys select the matter they are interested in, contact the office “The Slants” Band – Racial groups such as the ABA and the OSB Legal Services Program. One to get details on the case and conflict information and then decide Slur or Reclaiming a of our guiding principles is that whether to take a case. Opportunities include full representation, Stereotype? we ensure relatively equal access In 2014, hundreds of pro client advice, co-counseling and mentorship. Duane Bosworth to justice statewide, so that bono lawyers handled Multnomah County attorneys are needed now more than ever to Frank Garcia clients have access to Legal Aid more than 2,500 pro bono help bridge the urban/rural pro bono divide. If you are interested in Parna Merhbani attorneys regardless of where cases and contributed more information on how you can help, please contact me at maya. George Nakata Simon Tam they live. We need the help of many thousands of hours [email protected]. Together we can make a real difference in Multnomah County private the lives of low-income Oregonians. attorneys to make equal access of free legal work. 10.29 Thursday to pro bono attorneys a reality. Accounting Literacy for About 21% of Oregon’s poverty population lives in Multnomah Corporate Attorneys and County. By contrast, nearly half of the licensed attorneys in Oregon Litigators are located in Multnomah County and nearly 65% are located in the EVENT Sarah Padfield greater Portland metro area. In order to adequately serve the 79% mba Jay Sickler of low-income Oregonians living outside of Portland, Legal Aid is Tim Snider calling on MBA members to reach beyond our geographic borders to MBA Absolutely Social represent clients in all corners of the state. In an effort to facilitate this The Grape Escape NOVEMBER process, Legal Aid used funding from the Meyer Memorial Trust to create a Statewide Pro Bono Manager position. I was hired to fill the featuring Wine Tasting 11.3 Tuesday position and could not be more thrilled! I look forward to working Thursday, October 22 Collateral Immigration Issues with attorneys across the state to expand pro bono opportunities. The University Club in Your Practice: What You In this day and age where technology is ubiquitous, there are 5-7 p.m. Need to Know If You Don’t fewer barriers to urban attorneys providing legal help to rural clients. Drop in after work and catch up with friends and Practice Immigration Law While we cannot yet make virtual court appearances, there are many colleagues. Sarah McClain Brent Renison See insert for details to RSVP.

Multnomah Bar Association In This Issue PRSRT STD Thank you, sponsors! 620 SW Fifth AVE., Suite 1220 U.S. POSTAGE Barran Liebman LLP • Beovich Walter & Calendar �� 2 Portland, Oregon 97204 Friend, Certified Court Reporters CLE Schedule...... 3 PAID • Buchanan Angeli Altschul & Sullivan LLP Announcements �� 6 PORTLAND, OR • Chernoff Vilhauer LLP• Cosgrave Vergeer Ethics Focus �� 7 Kester LLP • D’Amore Law Group • Dunn Around the Bar �� 8 PERMIT NO. 00082 Carney Allen Higgins & Tongue LLP • Farleigh News From the Courthouse ��10 Wada Witt • Folawn Alterman & Richardson Tips from the Bench ��10 YLS ��12 LLP Gearing, Rackner, Engel & McGrath, • Classifieds ��16 LLP • Greene & Markley, P.C. • Harrang Pro Bono Volunteers ��18 Long Gary Rudnick P.C. • Hart Wagner LLP • Multnomah Bar Foundation ��19 Markowitz Herbold PC • Miller Nash Graham & Dunn LLP • Smith Freed & Eberhard P.C. • Jill Schmid, Ph.D. - Sound Jury Consulting, Multnomah Bar Association LLC • Stoll Berne • Sussman Shank LLP • 620 SW 5th Ave Suite 1220 Tonkon Torp LLP Portland, Oregon 97204 503.222.3275 Fax 503.243.1881 www.mbabar.org

1 Multnomah Lawyer MBA Board of Resources for Pro Bono Directors Calendar President Attorneys To add your organization or firm’s annual events to the MBA online C. Robert Steringer LOCAL RESOURCES: handbooks are available for calendar, contact Carol Hawkins, [email protected]. Treasurer Multnomah Bar Association download by laypersons and Akira Heshiki feature applicable statutes, 29 Thursday www.mbabar.org/about-us/pro- OCTOBER OSB Pro Bono Fair Secretary bono.html remedies, forms and sample Eric L. Dahlin Take the Pro Bono Pledge and find letters. These handbooks are great 7 Wednesday primers for the basics in some 30 Friday Past President information on local pro bono MBF Game Night OAPABA Annual Dinner common areas of law. See p. 8 Dana L. Sullivan opportunities and how to create oapaba.org a customized pro bono policy for 211 Social Services Referral 211info.org 9 Friday Directors your office. Download free CLEs MBA Professionalism Award 211 provides assistance in November Multnomah Lawyer from the MBA member section. Nominations Due J. Mackenzie Hogan finding health and community deadline YLS President Oregon State Bar www.mbabar.org organizations in the Oregon and C. Lane Borg www.osbar.org/probono Find information on pro bono in SW Washington geographical 10 Saturday W. Todd Cleek Lewis & Clark Law School NOVEMBER Oregon that includes volunteer region. Professional intake staff is available 24 hours a day by dialing Centennial Celebration Maya Crawford opportunities, pro bono hours 3 Tuesday 211 on your phone or the referral law.lclark.edu/centennial_ Rima I. Ghandour reporting, attorney resources, MBA Solo/Small Firm system can be accessed through celebration Amber A. Hollister PLF coverage for pro bono, pro Marketing Tips the website. Lissa K. Kaufman bono committees and types of See p. 15 membership status based on pro NATIONAL RESOURCES: 13 Tuesday Elizabeth C. Knight League of Women Voters bono activities. 5 Thursday Thomas C. Sand American Bar Association Speaker Series New Admittee Social Andrew M. Schpak Oregon Advocates www.americanbar.org/groups/ www.lwvpdx.org probono_public_service.html www.mbabar.org Marshal P. Spector www.oregonadvocates.org This statewide advocate’s website The ABA Standing Committee 16 Friday 10 Tuesday is sponsored by the legal aid on Pro Bono & Public Service is OWLS Fall CLE Executive Director community in Oregon and a national source for pro bono December Multnomah Lawyer Guy Walden www.oregonwomenlawyers.org features a substantive law library information and resources. deadline Director, Events & Programs as well as free CLE’s for pro bono The Pro Bono Institute OGALLA Annual Dinner Kathy Modie 12 Thursday attorneys. Membership is free. www.probonoinst.org www.ogalla.org Once you are a member, sign up Bench Bar & Bagels Executive Assistant & The institute specializes in See p. 13 Communications Administrator for ProBonoOregon, a weekly supporting the pro bono work 22 Thursday Carol Hawkins listserv offering pro bono cases of law firms and corporate legal MBA Absolutely Social US District Court Historical for attorneys. www.mbabar.org Member Services Administrator departments. Society Annual Dinner Ryan Mosier Oregon Law Help Pro Bono Net usdchs.org 23 Friday www.oregonlawhelp.org www.probono.net Office & Foundation CEJ Laf-Off Free legal information to low This site provides regional, 17 Tuesday Administrator campaignforequaljustice.org Pamela Hubbs income Oregonians is provided national and international MBA Solo/Small Firm: through this one-stop statewide resources for attorneys working Managing Clients Office Administrator 24 Saturday website sponsored by legal aid to assist low-income clients. See p. 15 Shannon West offices in Oregon. Self-help YRJ Wine & Chocolate Extravaganza 26-27 Thursday-Friday MBF Board of Directors www.youthrightsjustice.org Thanksgiving Holiday President Bonnie Richardson Vice President Amy L. Angel Secretary/Treasurer Dana S. Scheele Renew Your MBA Past President Timothy R. Volpert Membership for 2016

Directors Fall has arrived, and so too has the time to renew your Hon. Cheryl A. Albrecht membership. Here are just a few reasons to continue with the MBA: Tyler E. Anderson • Discounted MBA CLEs and an online library of programming J. Matthew Donohue available 24/7 Scott T. Downing • Socials, volunteer outings and other networking Susan D. Marmaduke opportunities Mary Jo N. Miller • Members-only discounts from business service providers Melvin Oden-Orr • Access to the MBA group health insurance plan for members Charles S. Tauman with at least one W2 employee As an added benefit, renew for 2016 by December 31 to receive The MULTNOMAH LAWYER is a $50 credit toward CLE programming. Visit www.mbabar.org to published 11 times per year by the renew today. Multnomah Bar Association, 620 SW Fifth Ave. Ste. 1220, Portland, OR 97204 503.222.3275 Advertising is accepted; advertisers(ments) are not necessarily endorsed by the MBA. The member benefit editor reserves the right to reject any advertisement. Bank of the Cascades

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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. Peer Review Privilege Legislative Update “The Slants” Band - Racial Slur or Reclaiming in Medical Malpractice Thursday, October 8, 2015 Cases 3:00-5:00 p.m. a Stereotype?

Tuesday, October 6, 2015 World Trade Center Wednesday, October 28, 2015 12:00-1:00 p.m. Plaza Room 12:00-1:30 p.m. 26 SW Salmon, Portland Standard Insurance Building Members $55 World Trade Center Auditorium Non-members $85 Mezzanine 900 SW 5th Ave., Portland 26 SW Salmon, Portland Members $35 Hear about key developments during the 2015 Members $45 Non-members $55 session of Oregon State Legislature, focusing on Non-members $65 changes to laws that may affect your business/ property rights/litigation practice or your clients’ A peer review body is a committee of medical staff at a Note: This class will be worth 1.5 hours of OSB interests. Join panelists Susan Grabe, Director healthcare facility that credentials, supervises, engages MCLE Access to Justice credit. of OSB Public Affairs, State Representative John in quality review, or disciplines physicians or other Davis, a business and real estate attorney at In April 2015, the Court of Appeals for the Federal healthcare professionals. Data provided for purposes McEwen Gisvold, and State Representative Shemia Circuit upheld the US Patent and Trademark Office’s of peer review to a peer review body or created by or Fagan, a litigation attorney at Ater Wynne, for decision denying a trademark request by the Portland at the direction of a peer review body is statutorily an inside look at legislative activity in 2015 and a band “The Slants” on the ground that the term is privileged and is not admissible in any judicial preview for the 2016 short session. disparaging to people of Asian descent. Later this year, proceeding. This CLE will be presented by Judge Jerry the court will rehear the case en banc on the issue of Hodson, Multnomah County Circuit Court; Nikola For more information: whether the bar on registration of disparaging marks in Jones, Lindsay Hart and Jane Paulson, Paulson Call Leslie Johnson, Kent & Johnson, LLP at 15 U.S.C. § 1052(a) violates the First Amendment. Join Coletti. The class will explore: 503.220.0717. For registration questions, call the Parna Mehrbani, trademark attorney with Lane Powell, • What is “peer review,” MBA at 503.222.3275. Duane Bosworth, First Amendment attorney with • What is a “peer review body,” Davis Wright Tremaine, Simon Tam, band member • What does it mean to provide data “for the of The Slants, Frank Garcia, consultant and former purposes of peer review,” director of diversity and inclusion for the Governor’s • What have parties claimed is privileged, Office and Oregon State Bar, and George Nakata, • What do lawyers argue and Japanese-American internment camp survivor, for a • How have courts ruled? Elder Abuse Reporting panel discussion about this case and its implications. For more information: For more information: Call Judge Youlee You, Multnomah County Circuit Tuesday, October 27, 2015 Call Judge Youlee You, Multnomah County Circuit Court at 503.988.3404. For registration questions, 12:00-1:00 p.m. Court at 503.988.3404. For registration questions, call the MBA at 503.222.3275. call the MBA at 503.222.3275. World Trade Center Auditorium 26 SW Salmon, Portland Accounting Literacy for Summary Judgment Members $35 Non-members $55 Corporate Attorneys Wednesday, October 7, 2015 and Litigators Note: This class will be worth 1 hour of OSB 3:00-5:00 p.m. Elder Abuse Reporting credit. Thursday, October 29, 2015 World Trade Center Amber Hollister, Deputy General Counsel to the 3:00-5:00 p.m. Auditorium Oregon State Bar; Ellen Klem, Oregon Department 26 SW Salmon, Portland of Justice; and Multnomah County Circuit Court World Trade Center Judge Katherine Tennyson, will present this CLE Sky Bridge Room Members $55 on the Elder Abuse reporting requirement for Non-members $85 26 SW Salmon, Portland attorneys, which took effect on January 1, 2015. This program is intended to inform lawyers of their Members $55 Sarah Crooks, Perkins Coie and Andrew Schpak, legal responsibilities as mandatory reporters, while Non-members $85 Barran Liebman will discuss the effective preparation maintaining their ethical obligations to clients. of summary judgment motions and presentation Let’s just admit it - lawyers are usually not numbers of oral argument, including what to cover in the For more information: people, and certainly not accountants. For this motions and arguments, how to organize the Call Cynthia Newton, Swanson Thomas Coon & session, two very experienced CPAs give lessons on arguments for maximum persuasive impact, Newton at 503.228.5222. For registration questions, how navigate and understand the types of financial how and when to use exhibits, best practices for call the MBA at 503.222.3275. information regularly generated by corporate clients or presenting oral argument, responding to questions presented for analysis during litigation. For more than from the judge, and other useful information for 25 years, Jay Sickler, CPA, has specialized in providing preparing for and arguing summary judgment in Financial Forensics and Business Valuation services. state and federal court. He will talk about the types of financial information he analyzes for the work he does for his clients, what kinds For more information: financial and accounting information to request, and Call Sean Ray, Barran Liebman at 503.276.2135. how to assess the quality of what is produced. Sarah For registration questions, call the MBA at Padfield, CPA, has over 10 years of experience in public 503.222.3275. accounting. Her career has focused on the preparation of financial statements that are in accordance with GAAP. She will share how significant disclosure requirements have changed recently, and what to be on the look-out for when trying to read a set of financial statements. Tim Snider, a litigation partner with Stoel Rives, will moderate. This program will be specifically designed to enhance a lawyer’s understanding of a client’s financial data.

For more information: Call Leslie Johnson, Kent & Johnson, LLP at 503.220.0717. Call the MBA at 503.222.3275. 3 Multnomah Lawyer

Collateral Immigration Advising Witness Preparation: Issues in Your Practice: Cannabusinesses A “How to” Guide What You Need to Know in Oregon’s Newest for More Effective if You Don’t Practice Emerging Market Preparation Sessions Immigration Law Thursday, November 5, 2015 Thursday, November 19, 2015 Tuesday, November 3, 2015 3:00-5:00 p.m. 3:00-5:00 p.m. 3:00-5:00 p.m. World Trade Center World Trade Center Mezzanine Room Mezzanine Room World Trade Center 26 SW Salmon, Portland 26 SW Salmon, Portland Mezzanine Room 26 SW Salmon, Portland Members $55 Members $55 Non-members $85 Non-members $85 Members $55 Non-members $85 This CLE is being presented by Bernard Covering deposition and trial preparation, this CLE Chamberlain and Genny Kiley of Emerge Law highlights the shortcomings of traditional approaches Note: This class will be worth two hours of OSB Group; and Sean Clancy of Day and Koch, counsel used and advice given in the preparation of key MCLE Access to Justice credit. who have been the pioneers providing legal advice witnesses and provides a detailed “how to” guide Hear from immigration lawyers about the ways to businesses in the new and growing Oregon for more effective preparation sessions. Panelists, immigration law impacts your practice. Consider cannabis marketplace. The speakers will familiarize Jill Schmid, Ph.D., Partner and Senior Litigation how immigration status may affect access to the business attorneys with some of the specific legal Consultant, Sound Jury Consulting and Joe Arellano, courts and access to effective representation, as well issues that confront Oregon businesses engaged Partner, Kennedy Watts Arellano LLP will address: as how immigration issues create malpractice traps in this new market, including business formation, • the use of role-playing and video feedback in criminal, family, employment and corporate law taxation, licensing and compliance, copyright and • overcoming barriers to effective communication practice. Brent Renison, Parrilli Renison LLC, and trademark, and other relevant legal issues.. (centering on the “problem” or “difficult” witness) Sarah McClain, Marandas & McClellan LLC, have • the importance of and how to instill confidence For more information: both spent their entire careers in immigration law. and control in your witness Call Michael Hallas, McKinley Irvin at They will cover collateral issues in corporate M&A, • how jurors assess witness credibility, and 503.953.1032. For registration questions, call the hiring practices, plea agreements, crime victims, • the impact of verbal and nonverbal behavior on the MBA at 503.222.3275. and domestic support obligations and teach you to overall credibility of the witness’s testimony. spot issues in a wide range of settings. A mock preparation session will demonstrate some of For more information: the “do’s” and “don’ts.” Call Leslie Johnson, Kent & Johnson, LLP at For more information: 503.220.0717. For registration questions, call the Call Seth Row, Miller Nash Graham & Dunn LLP MBA at 503.222.3275. at 503.205.2318. 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.

10/6 Peer Review Privilege in Medical Malpractice Cases Class Registration Online ($30 Members/$50 Non) o Class Registration ($35 Members/$55 Non) ...... $______NAME ACCOUNT NUMBER o CD-ROM & Written Materials ($55 Members/$85 Non) . $______10/7 Summary Judgment 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 10/8 Legislative Update Class Registration Online ($50 Members/$80 Non) CITY STATE ZIP BILLING ADDRESS FOR CARD (if different) o Class Registration ($55 Members/$85 Non) ...... $______o CD-ROM & Written Materials ($55 Members/$85 Non) . $______10/27 Elder Abuse Reporting PHONE Class Registration Online ($30 Members/$50 Non) o Class Registration ($35 Members/$55 Non) ...... $______OSB# o CD-ROM & Written Materials ($55 Members/$85 Non) . $______10/28 “The Slants” Band - Racial Band or Reclaiming a Stereotype? Member Status: Payment Options: Class Registration Online ($40 Members/$60 Non) o Class Registration ($45 Members/$65 Non) ...... $______o MBA Member o Check o VISA o MasterCard o CD-ROM & Written Materials ($55 Members/$85 Non) . $______o o American Express 10/29 Accounting Literacy for Corporate Attorneys and Litigators Non–Member 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). 11/3 Collateral Immigration Issues in Your Practice 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: 11/5 Advising Cannabusinesses in Oregon’s Newest Emerging Market Class Registration Online ($50 Members/$80 Non) o Class Registration ($55 Members/$85 Non) ...... $______Multnomah Bar Association o CD-ROM & Written Materials ($55 Members/$85 Non) . $______620 SW Fifth Ave., Suite 1220 n Portland, OR 97204 11/19 Witness Preparation: A “How To” Guide n 503.222.3275 Fax to: 503.243.1881 Class Registration Online ($30 Members/$50 Non) o Class Registration ($35 Members/$55 Non) ...... $______Register online and order or download MBA self-study materials at www.mbabar.org. o CD-ROM & Written Materials ($55 Members/$85 Non) . $______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. Total due ...... $______

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farther out of sight and out of Teaching Empathy mind. Their suffering was hidden and contained. They were put Why I Don’t Insulate My Kids in locked institutions, and then in solitary confinement within from Hardship those institutions. That is what we do with the people that, as a by Sarah Radcliffe society, we choose to discard. MBA Professionalism Committee People in locked institutions for a quick exit strategy. Then are so far removed from our their faces perked up when collective awareness that even the husband landed on the mentioning them causes my seemingly appropriate response: neighbors to turn away. For “You must have a heart of my family, it’s a little different. Alan Bonebrake John Lewis I don’t share gory details, but (503) 844-6675 (503) 844-7665 gold!” I could hardly contain my annoyance. I don’t need a I do talk about my work at the Mediation Arbitration Reference Judge heart of gold to do meaningful, dinner table. My children know • • interesting work. It’s a privilege that I feel passionately about my • Retired Circuit Court Judges to do what I do. The conversation work, and sometimes they see • Sole Practitioners topic was quickly changed, me cry. I hope they choose not to • Over 20 Years Trial Experience and then they politely excused insulate themselves in a bubble • Experienced in Family Law, Personal Injury, themselves. of privilege and affluence, and Contract Disputes, Malpractice, Employment Law When I look at my children, pretend that poverty and injustice • Available Statewide “You can’t be neutral on their friends, their soccer games, are only occurring in faraway a moving train” field trips, summer camps, places. I don’t expect my children - Howard Zinn and music lessons, I am struck to become civil rights attorneys, by the contrast between their but whether they grow up to be Last week I attended a block innocence, happiness, and carpenters, teachers, or dentists, party and met some new privilege, and the profound I want them to be people who neighbors. In response to the suffering that I encounter daily in don’t shrink from other people’s Learn about traditional “What do you do?” question, I my work. So many of my clients suffering. I want them to have said that I am a public interest and linked-benefit long term care were already discarded by the the stamina to stomach sadness lawyer, and I work on civil rights time they reached my children’s and unfairness. I want them to plans for MBA members. issues affecting institutionalized tender ages. They were abused be able to get past the discomfort individuals with mental illness. and neglected, they were poor; and find genuine interest - “What Mary Osborn, CLTC The neighbors’ faces briefly many of them were in foster happened to you? … Why are Call 503-998-5902 or email [email protected] for more informaon darkened, as if they were looking care and then institutionalized you sad?” I hope that when they in youth detention centers. encounter misery, they will have They experienced trauma, they the strength to say, “Tell me your developed mental illnesses. At story. I can handle it.” every juncture, they were pushed

Recognize Those Who Help

Watch for the nomination form in a future issue. Nominations due January 22, 2016.

MBA • LASO • OLC Pro Bono Awards

Senior Project Volunteer of the Year For service to Multnomah County’s longest running pro bono project Michael E. Haglund CHAMBERLAIN Pro Bono Award Mediation Arbitration For Young Lawyers in LASO, OLC, or MBA YLS pro bono projects A Proven Problem Solver Pro Bono Award of Merit Trial & Appellate Experience For exemplary pro bono work Available Statewide

Visit www.mbabar.org for details [email protected] www.chamberlainmediation.com 503.380.5730

5 Multnomah Lawyer

Mark R. Wada, Sandra A. 2016 MBA Hansberger, Robert C. Weaver, mba announcements Walter H. Grebe, Susan M. Professionalism Award Hammer, Carl R. Neil, Jeffrey M. Free CLE Webcast to MBA Members Batchelor, Judy D. Snyder, Garry The video webcast of the seminar entitled “Buying, Selling or Nominations Due October 30 L. Kahn, Michael D. Schrunk, Transitioning In or Out of Law Practice” is now available in the Edwin A. Harnden, Thomas W. Members Center at www.mbabar.org. The webcast is worth 1.5 The MBA Professionalism Any MBA practicing attorney Brown, Mark Johnson Roberts hours of Practice Skills and 0.5 hour of Ethics OSB MCLE credit. Award is one of the most highly- member, except a member and Robin J. Selig. MBA members receive access to a rotating selection of six regarded honors an attorney in of the MBA Professionalism Former nominees may be different CLE seminars each year - a $300 value. our area can receive. Do you Committee or the MBA Board and often are re-nominated. To know a lawyer who is a pleasure of Directors, is eligible to receive propose an outstanding attorney MBA Professionalism Award Nominations due Friday, to work with as both an ally and this award. for this year’s award selection October 30 an adversary, who regularly goes Past award recipients are process, please complete and The MBA Professionalism Award is one of the most highly well beyond minimum ethical Raymond Conboy, Thomas H. return the nomination form regarded honors an attorney in our area can receive. You are and professionalism standards, Tongue, Randall B. Kester, Frank available at www.mbabar. strongly encouraged to nominate a member who meets the who constantly mentors others Noonan Jr., Donald W. McEwen, org or contact Kathy Modie, criteria for the award, which can be found on the nomination and works to improve the quality Don H. Marmaduke, Noreen Professionalism Committee staff form on the MBA website. of our practice as a whole? K. Saltveit McGraw, Thomas E. liaison, ([email protected]), for We strongly encourage you to Cooney, John D. Ryan, George more information. Take a Matter that Matters nominate him or her for the 2016 H. Fraser, Barrie Herbold, Walter Sign the MBA Pro Bono pledge at www.mbabar.org/about-us/ MBA Professionalism Award. H. Sweek, Daniel E. O’Leary, pro-bono.html and commit to taking at least one pro bono case this year.

Noon Bicycle Rides Take a noon break for a short, fast ride with hills. Meet at SW Yamhill and Broadway between noon and 12:10 p.m. on Mondays and Thursdays. ContactR ay Thomas at 503.228.5222 with questions, or just meet at the start.

Legal Aid Receives Grant The Portland regional office is the recipient of a $38,000 grant from the Roscoe C. Nelson Jr. Fund for Pro Bono Law Services to the Poor administered by the Oregon Community Foundation. Nelson practiced law in Oregon for 52 years and helped the poor by providing free legal services throughout his career. His family members and friends established the fund to honor this tradition. The purpose of the endowment is to connect volunteer lawyers with low-income people in need of legal services in Multnomah County.

PARKING Downtown Oregon City One block from CLACKAMAS COUNTY CIRCUIT COURT $20/day call: 503-607-1700

6 www.mbabar.org October 2015

not, we need to handle the matter Ethics Focus with the efficiency that would be reasonably expected under the Creative particular circumstances. The answer is a qualified “yes.” “Diligence” can sometimes be Approaches Pro Bono Lawyers are not prevented from a sensitive issue in the pro bono taking on a matter in a new area. to Complex Staying Safe While setting. A case taken on with great But, we are also expected to devote enthusiasm at a Monday night Problems Doing Good sufficient time to learn the area law clinic may be competing with involved and to seek out more an urgent matter for a paying by Mark J. Fucile experienced help if we need it. client that arrives on the lawyer’s Fucile & Reising Comment 2 to ABA Model desk Tuesday morning. If we are Rule 1.1, on which Oregon’s rule handling a pro bono case, we is patterned, summarizes this are expected to devote the same notion nicely: attention to it as we would a “A lawyer need not necessarily similar matter for a paying client. have special training or prior That doesn’t mean that, just like experience to handle legal “paying” matters, some schedule problems of a type with which juggling won’t happen. But, we the lawyer is unfamiliar. A can’t simply ignore a pro bono newly admitted lawyer can be matter either. In 2012, the OSB Tier 1 Ranking in the 2015 Edition of Best Lawyers “Best Law Firms” as competent as a practitioner Disciplinary Reporter included with long experience. Some 503-222-5949 | www.Susan-Hammer.com a stipulation imposing a 60-day important legal skills, such as suspension on a partner at a large the analysis of precedent, the law firm who took on a pro bono evaluation of evidence and case and was then found to have legal drafting, are required in Lawyers are generous with their not handled it with the diligence all legal problems. Perhaps time and talents in the form of required under RPC 1.3. pro bono representation. When the most fundamental legal ICHARD PIER skill consists of determining R G. S taking on that very commendable Conflicts MEDIATOR what kind of legal problems work, however, lawyers should When Oregon moved to a situation may involve, remain sensitive to law firm risk professional rules based on a skill that necessarily management considerations. the ABA Model Rules in 2005, transcends any particular In the pro bono setting, those one of the new rules that was specialized knowledge. considerations frequently revolve included addressed conflicts A lawyer can provide around three core concepts: when providing limited scope adequate representation in competence; diligence; and representation in a pro bono (or a wholly novel field through conflicts. In this column, we’ll look equivalent) context - RPC 6.5. The necessary study. Competent at each in the particular context of comments to the corresponding representation can also pro bono representation. ABA Model Rule reflect that it be provided through the was intended to foster pro bono Competence association of a lawyer of representation in circumstances established competence in the Competence is one of our bedrock - such as assisting low-income Highly experienced–full-time neutral since 1992 field in question.” duties - so fundamental, in fact, clients with completing forms - n that it is first in order in theR ules Business & commercial; personal injury; Diligence where full conflict checks may not of Professional Conduct: RPC be either feasible or available. The professional liability; employment; estates & trusts; Whenever we take on a matter, 1.1. Under that rule, competence rule provides: real estate & construction is measured by the particular RPC 1.3 - the “diligence rule” n matter we are handling. In the pro - requires that we “not neglect “(a) A lawyer who, under Listed in Best Lawyers in America® (Portland Lawyer of the bono setting, that can raise a key a legal matter entrusted to the the auspices of a program Year for Mediation, 2014 and 2016) and in Super Lawyers question: although a lawyer may lawyer.” Comment 3 to the sponsored by a nonprofit be a specialist in a particular area corresponding ABA Model organization or court, provides 503-284-2511 - such as securities or intellectual Rule observes that “[p]erhaps short-term limited legal Fax 503-284-2519 services to a client without property law - can the lawyer no professional shortcoming [email protected] www.spier-mediate.com still take on a pro bono case that is more widely resented than expectation by either the 2536 N.E. 28th Avenue n Portland, Oregon 97212-4916 involves an area with which the procrastination.” In short, lawyer doesn’t regularly practice? whether the client is paying or Continued on page 14

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Davis Wright Tremaine and real estate practice teams. In recognition of its success in Kullen brings over 10 years of Around the Bar collaborating with clients to experience representing financial build new solutions and service institutions and publicly traded delivery models, the firm has companies, including over six resources for Hispanic businesses been named 2015 “Innovative years representing banks, loan in Oregon and Southwest Law Firm of the Year” by the servicers and individuals in Washington. Sam served on International Legal Technology congested judicial foreclosures the board previously, taking a Association (ILTA). and bankruptcy matters in state hiatus to complete a nine-month ILTA is the leading industry and federal courts throughout deployment in Afghanistan. group for law firms and Oregon. His practice includes legal departments seeking to state-mandated resolution strategically deploy technology. conferences, standing as Michael Millender According to ILTA, the award successor trustee for non-judicial Tonkon Torp recognizes firms that “have foreclosures, litigating judicial Michael Millender has been delivered great business value foreclosures, FDCPA/CFPB appointed co-chair of the firm’s and transformational impact compliance and resolving real business department. through innovations and estate title issues. Kullen is also Lisa Amatangel Millender is a partner in implementations.” a member of and writer for the Cosgrave Vergeer Kester the taxation and executive OSB Debtor-Creditor Section. Lisa Amatangel has joined the compensation & employee firm’s complex tort practice group. benefits practice groups.H is The Around the Bar tax practice focuses on the column reports on MBA federal, state and local taxation members’ moves, transitions, of businesses, with an emphasis promotions and other honors Josh Lamborn on the structuring of business within the profession. The transactions and the taxation submission deadline is the Josh Lamborn of corporations, partnerships 10th of the month preceding Josh Lamborn was elected to and LLCs. In the benefits area, publication or the prior the Oregon Crime Victims Law Millender advises clients on a Friday if that date falls on a Center (OCVLC) Board of wide range of issues involving weekend. All submissions are Directors. OCVLC is a nonprofit retirement plans, equity-based edited to fit column format 501(c)(3) organization that plans and fringe benefit plans. He and the information is used advocates for crime victims in frequently represents clients in Tony Kullen on a space-available basis Oregon. He opened his own firm tax and benefits controversies in the order in which it was in 2009 after serving as a Deputy Miller Nash Graham & Dunn involving the Internal Revenue received. Submissions may be District Attorney in Multnomah Creditors’ rights attorney Tony Andrew Schpak and Traci Ray Service, the Department of Labor, emailed to Carol Hawkins, County for 12 years. His practice Kullen was added to the firm’s and state and local tax authorities. [email protected]. focuses on the representation business, financial transactions of sexual assault victims, other crime victims and personal injury clients. GaME

Sam Hernandez Barran Liebman NIGHT Firm partner Andrew Schpak recently completed his term as chair of the ABA Young Lawyers Division, representing Jillian Pollock 140,000 young lawyers across the october 7, 2015, 5-7:30 p.m. country. He now acts as an ABA mercy corps, 45 sw ankeny st. YLD Delegate to the ABA House of Delegates, is a member of the portland ABA Standing Committee on Meetings and Travel and an LP Fellow to the ABA Law Practice Division. He also recently joined the American Bar Foundation Join the Multnomah Bar Foundation for a fun Board, which is the nation’s leading night of carnival games, ping pong, a hosted bar research institute for the empirical study of law. Locally, he sits on and heavy hors d’oeuvres as we raise money for the MBA Board of Directors and the MBF Civic Engagement Fund, award CourtCare is a member of its Finance & Sam Rayburn trophies, and share information about the good work of Operations Committee. Buckley Law our grant recipients. There is no cost to attend, but space is limited. Executive Director Traci Ray Jillian Pollock was elected by the has been appointed as vice chair Please RSVP by October 2 online at www.mbabar.org or to Shannon firm’s board of directors as a new on both the ABA LP Law Practice West ([email protected], 503.222.3275). shareholder. Today and the ABA Women As part of Buckley’s legal Rainmakers Boards. Ray was team, Pollock’s practice in- recently a contributing author to cludes representing employers Marketing Success: How Did She Thank you sponsors! in federal and state court and in Do That? Women Lawyers Show Barran Liebman LLP • Folawn Alterman & Richardson LLP • administrative proceedings. She You How to Move Beyond Tips also counsels business owners Harrang Long Gary Rudnick P.C. • Markowitz Herbold PC to Implementation, published by and leaders in employment mat- • Stoel Rives LLP • Tim Volpert PC ABA Law Practice Division, and ters, and is an expert in employ- is the Portland hostess for the Fall ment and business law. 2015 Local Programming. Attorney Sam Rayburn has Sam Hernandez has been joined the firm as an associate, re-elected to the Hispanic where his practice will focus on Metropolitan Chamber of the representation of corporate Commerce Board of Directors. and closely-held businesses in the The chamber provides a forum areas of entity formation, merg- for the Hispanic business ers and acquisitions, real estate, community to share ideas, employment, sports law, business concerns and successes and aims litigation and dispute resolution. to increase opportunities and

8 www.mbabar.org October 2015

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9 Multnomah Lawyer

Tips From the Bench

Destination Document Production

by Judge Cheryl Albrecht Multnomah County Circuit Court Every time I review defendants’ rights at plea hearings, I advise them they are relinquishing the right to subpoena witnesses and evidence in their favor to court. That is the essence of records to a trial or hearing at compulsory process, guaranteed which they will be offered into to an accused under the Sixth evidence. State v. Cartwright, 336 and Fourteenth Amendments of Or 408, 415-416 (2004). Under the United States Constitution, ORS 136.580(2), a court may and Article I, Section 11 of allow materials to be produced the Oregon Constitution. That “prior to the trial or to the time referee position that was created rule generally applies as well to when the books, papers, or News from the Courthouse out of funding attached to the documents. For medical records documents are to be offered in photo radar bill passed by the and other records protected evidence….” It’s unclear how by Jolie Russo landlord tenant) as well as the legislature in this last session. by privacy laws, however, early a court can order materials Court Liaison Committee DA’s office to not be in the new The American College of compulsory process is easier produced, but the materials must courthouse but to be located Trial Lawyers Expedited Jury said than done. The road to be sought for evidentiary use at a Presiding Judge’s nearby. Both the DA’s office Trial Committee proposed a compliance with those privacy hearing. Cartwright, at 415-416. A and the Public Defense Services new Streamlined Trial Project provisions, for both the state and subpoena duces tecum requesting Report Commission will have “hoteling” (STP), given the underuse of the defense, covers a wide variety production of materials to a Presiding Judge Nan Waller space in the new courthouse. The the current expedited jury trial of terrain, from the familiar hearing at which no evidence and Trial Court Administrator new courthouse will not have program. The goal of the STP territory of the Oregon Criminal is to be taken is a legal nullity. Barb Marcille reported on sufficient space for the current is to reverse the diminishing Code to the distant lands of Cartwright, at 416-417. courthouse activity over the law library collection but will number of civil jury trials. civil procedure rules and federal There are many potholes on summer. Despite the summer include a legal resource center Multnomah County Circuit HIPAA laws. the road that can interfere with heat, things didn’t slow down with an emphasis on providing Court was asked to pilot the The first stop isR O S 136.447, a party’s quest for information. in the courthouse with lots of space and resources to self- STP. Chief Civil Judge Stephen which immediately detours to Records may be subject cases being tried and activity on represented litigants. Bushong has been working with ORCP 55H by incorporating that to privilege, including the the new courthouse and other The program validation work the committee on the proposed provision into criminal cases. psychotherapist, counselor or projects heating up. is anticipated to be completed STP rules and encourages ORCP 55H sets out procedures for licensed social-worker privileges This summer, contracts with by mid-October. Design work feedback from the bar. obtaining “individually identifiable (though the physician privilege the architects selected for the for the courthouse will then Multnomah County Circuit health information.” While 55H of OEC 504-1 does not apply in project (SRG with Ricci Green) begin and will continue into Court is continuing with its allows records to be subpoenaed to criminal court), or may fall within and contractor (Hoffman) were 2016. Groundbreaking for commitment to implementing a deposition, hearing or attorney’s an exception if the defendant signed and design work on the the courthouse is scheduled the principles of procedural office,R O S 136.447 limits brings a mental state defense. courthouse began. The design for December 2016 with justice into the work of production of records to the court Records may fall under the public team for the courthouse began construction being completed the court. The research on or the clerk of the court in which records exemptions of ORS meeting with all courthouse by the end of 2019. The procedural justice shows that the matter is pending unless being 192.501 and 192.502 or be exempt stakeholders, including courthouse is scheduled to open if litigants perceive that their produced directly to the grand under ORS 179.505. They may be representation from the MBA, in April of 2020. Throughout the treatment in court has been jury. The attorney requesting the protected child welfare records this summer to decide on a courthouse design process there procedurally fair (i.e. they have material must serve the custodian under ORS 409.225, juvenile court vision for what the courthouse will be opportunities for public been treated with respect, they of records with a qualified records under ORS 419A.255, needs to be for the community. input, feedback and engagement. have had an opportunity to be protective order defined in RO CP or fall within the Child Abuse There is a consensus amongst the In the 2017 legislative session, heard and they have understood 55H(1)(b) or with a declaration Reporting Laws (or exceptions) stakeholders that the courthouse the county will be seeking the the proceedings) they are more with supporting documentation of ORS 419B.035, et seq. or 45 needs to be a building that is final installment of the state likely to accept the outcome of regarding notice provided to the CFR 1340.14. Drug and alcohol both efficient and beautiful and match bond funding. a case and more likely to follow individual about the subpoena. treatment records are protected that will stand as a testament to eCourt is continuing to be court orders. The court will ORCP 55H also governs when an under ORS 430.399 and 42 CFR the community’s commitment rolled out to all courts across the participate in two procedural attorney can inspect records, when Part 2 but may be disclosed under to the justice system for the next state, with all courts scheduled justice assessments this fall. they must be opened in court in 42 CFR Part 2.65 for criminal 100 years. to be in the new system by After a procedural justice the presence of all the parties, and investigations of “extremely One of the issues being June 2016. The court is open to baseline from the assessments when and how a third party may serious crimes,” including child discussed is how to use the feedback and suggestions from has been established, the mail the records. Any records abuse and neglect. The records building to increase civic the bar on eCourt. Any requests court will develop a plan to not introduced into evidence or may also be produced in response engagement by having the for changes must be submitted to improve its procedural justice required as part of the record must to a “legitimate law enforcement building accessible for other a statewide change committee. practices. The court has also be returned to the custodian. inquiry” under 42 CFR public uses such as meetings Monica Herranz has been established an internal education A similar roadside attraction 164.512(f). These are but a sample. or evening events. Work is hired as a referee to fill a referee committee, chaired by Judge can be found within the HIPAA Practitioners would be wise to now being done to validate vacancy after TerryH annon’s Cheryl Albrecht, with a goal provisions at 45 CFR 164.512(e), preview the map of protections the program plan. The current retirement. Ms. Herranz will of providing staff and judicial which permits an entity to disclose and exceptions before venturing plan calls for the four high- start on the bench when she has officers the training and tools protected information in response down the subpoena road. volume courtrooms currently been approved to sit as a pro tem that they need to best meet the to a court order, or in the absence If you get to the other side of in the courthouse (two traffic judge by the Supreme Court. The needs of the public and litigants. of a court order, to a subpoena if that treacherous stretch, you may courtrooms, small claims and court will be posting for a new the entity is reasonably satisfied the run into a roadblock in a black person seeking the subpoena has robe. A judge generally reviews provided notice to the protected protected records in camera to those documents that are that are released are subject to individual and that there will be using procedures similar to demonstrably relevant and with the restrictions in the protective a qualified protective order that those set out in ORS 135.873 for established “bearing” on a case. orders mentioned above. meets the requirements of 45 CFR protective orders in the discovery State v. West, 250 Or App 196, Thorough research and 164.512(e)(1)(v). In federal court, process. A judge is not required 204 (2012). Confrontation and planning is key to successful FRCrP 17 requires a court order to conduct an inspection unless compulsory process rights may navigation of the winding prior to subpoena of any protected there is a threshold showing that give way to established evidence roads of gathering protected information regarding victims. there will be material present rules and procedures, such as information and can help ensure The next stop is 136.580, that is an exception to the rule of those set out in OEC 412, or to (with all apologies for the mixed which governs subpoenas duces non-disclosure. State v. Bassine, the state’s interest in excluding the metaphor) smooth sailing ahead. tecum. Subpoenas duces tecum 188 Or App 229, 235 (2003). evidence if it outweighs the value are not intended as a discovery The right to compulsory process of the evidence to the defense. tool and are subject to a motion does not include the right to all State v. Fowler, 225 Or App 187, to quash unless they subpoena the records requested, but only 195-196 (2009). Any records

10 www.mbabar.org October 2015

California Baptist University Attorney’s office. He is the bargaining with labor unions, Annual Pro Bono Fair after the university learned that recipient of the inaugural Pro negotiating employment she was transgender. Named as Bono Challenge Award given to contracts, drafting and revising by Cathy Petrecca one of the “Best LGBT Lawyers a member of the ONLD. policies and handbooks, and Oregon State Bar Under 40” by the National Janet Hoffman & Associates’ creating and implementing LGBT Bar Association, Paul is a pro bono work for 2014 stemmed employee evaluation systems. Celebrate all things pro bono on • Representing College committed advocate for LGBT largely from two clients who Barran Liebman’s pro bono Thursday afternoon, October Students: Overview of the rights and regularly represents needed continued representation partnership with some of these 29 with a fair, three free CLEs, PSU Student Legal Services’ pro bono clients in this evolving through the appellate process. organizations dates back to the a reception and an awards Pro Bono Program legal space. Mr. Southwick is the In one case, the firm represented 1980s. In addition, members ceremony - all taking place • Pro Bono for New Lawyers: winner of the Individual-at-a- a client at the Court of Appeals. of the firm financially support at the World Trade Center in Getting Your Feet Wet Firm Award. In the other case, it represented nonprofits and Legal Aid, serve downtown Portland. Without Drowning Sandijean Fuson and J. a client who had not prevailed on numerous community boards Join us as we celebrate the Legal services providers who Russell Rain are the co-winners in the Court of Appeals by and participate in community accomplishments of the firms will be attending this year’s Fair of the Sole Practitioner Award. petitioning for review to the service activities. and individuals reporting the include Legal Aid Services of Fuson works in Malheur County, Oregon Supreme Court and then Davis Wright Tremaine most pro bono hours for last year. Oregon, Oregon Law Center, the poorest county in Oregon, petitioning for reconsideration attorneys have a broad range Janet Hoffman & Associates, Elders in Action, ACLU of and does pro bono work on of denial of review. The firm’s of interests and political Barran Liebman, and Davis Oregon, the Victim Rights Law behalf of disabled individuals approach to pro bono work is to philosophies, and therefore Wright Tremaine are the three Center, Catholic Charities and and nonprofit organizations. continue to work for clients who pursue a wide variety of pro firms winning top honors this more. They will be available to Rain provides pro bono legal have a compelling constitutional bono work, from corporate year. Paul Southwick, George meet with attorneys and answer services to clients with distressed issue or have suffered a manifest work for low-income business Galloway, J. Russell Rain, questions about their programs properties, often dealing with injustice. The firm members clients and entrepreneurs, to Sandijean Fuson and Matthew and volunteer opportunities. home foreclosures complicated by believe that it is their obligation protecting civil rights. The firm Dyal are all individual winners. All of the providers will be bankruptcy and other hardships. to work for beneficial changes has an ongoing commitment to They’ll be feted by Chief Justice available from 4:30-7 p.m. to He practices in Portland. in the law, and they are honored assist disadvantaged families and Balmer, OSB President Richard speak with attorneys interested George Galloway is the to take on pro bono matters to homeless youth. Firm members Spier and others at 5:30 p.m. in volunteering. winner in the Active Pro Bono support that belief. The firm participate in the Oregon during the ONLD Pro Bono The reception is hosted by the category. Galloway was a partner values its pro bono work and U.S. District Court Pro Bono Challenge Awards Ceremony and Oregon New Lawyers Division at Stoel Rives for more than 30 gladly devotes significant time Program and the Appellate Pro hosted reception. Every year, the of the OSB, the OSB Pro Bono years, with a focus on energy and resources to their cases. Bono Program of the Oregon Oregon New Lawyers Division Committee, the MBA YLS, Legal law. In 2005, he moved to a In 2014, Barran Liebman Court of Appeals. They also do hosts this ceremony to celebrate Aid Services of Oregon and small town in Eastern Oregon attorneys participated in extensive work with healthcare, the attorneys and firms who Oregon Law Center. Beer and wine and started taking referrals from the U.S. District Court Pro housing, domestic violence and report the highest number of pro are provided by Barran Liebman the Pendleton office of LASO. Bono Program, worked with more. As a firm, Davis Wright bono hours. LLP and Miller Nash Graham & The type of work has varied, but St. Andrew Legal Clinic on Tremaine feels strongly that they Three free, pro-bono-related Dunn LLP. Heavy appetizers and has primarily involved family family law matters, with Legal have a responsibility to use their CLEs precede the Awards small desserts will be available, law cases followed by landlord/ Aid on direct representation, skills to assist those in need and Ceremony. If you’re interested along with refreshments. tenant. He has represented more and lobbied the Oregon help better society. The firm’s pro in attending, please contact This year’s award winners have than 500 people and is close to Congressional Delegation bono policy permits its lawyers Michelle Lane at the Oregon long and varied commitments 6,000 “billable” hours. on legal services and pro to find pro bono engagements State Bar: [email protected]. to pro bono. Paul Southwick, Matthew Dyal is a Deputy bono matters. In addition, that interest them and to receive Topics this year: an associate at Davis Wright District Attorney in Umatilla firm members provided billable credit for the work. • Expungement Law Basics: Tremaine, became fully invested County. Before he began work representation for many of Thank you to all for your Everything You Need in a transgender discrimination as a DDA in late 2014, Dyal Portland’s arts and cultural tireless efforts. to Know to Set Aside claim in late 2013, representing a donated over 600 hours at icons. The firm’s involvement Convictions and Arrests student expelled for fraud from the Marion County District with these icons includes Mary Tollefson Northwest Employee Rising Family Law Attorney & Benefits, Inc. Joins AKT

Active Volunteer Steve Doty, Northwest Employee Committee in 1995 and Benefits, is pleased to announce being directly involved in the by Sheri Osher that effective October 1, his firm drafting and implementing of Legal Aid Services of Oregon will be joining AKT Benefit legislation that created significant Advisors, a local employee health insurance reforms in Early on in her family law career are confusing enough for people benefits company affiliated Oregon, bringing the state into in Newport, Oregon, Mary who do speak English, but to add with AKT CPAs and Business compliance with the federal Tollefson had numerous requests a language barrier on top of that, Consultants. Northwest HIPAA legislation. from prospective clients to accept it makes it practically impossible Mary Tollefson Employee Benefits has been the “Having Steve join AKT cases for free. She knew there was for someone to finish the forms plan administrator for the MBA’s further enhances our ability to a vast need for pro bono family without a lawyer. Most people I group health insurance plan serve employee benefit clients and law services, but accepting those meet with are so happy just to have and had been married for about since 1983 and works closely we look forward to an ongoing cases was not financially feasible me sit down with them and explain 20 years. She has always let him with members. relationship with the Multnomah at the time. She reluctantly turned the forms.” manage the finances … [S]he was For over 30 years, Steve has Bar Association,” commented the prospective clients away Mary understands the very distressed about everything managed the MBA health plan, Steve Tatone, Managing Partner knowing they would likely not find importance of PROSAP and the and she pulled out a checkbook which started with a few dozen and CEO for AKT. assistance elsewhere. vast unmet need from her work on … [S]he had no idea how to write enrollees and has grown to cover AKT CPAs, Advisors and Fortunately, Mary moved to the ground. She is now involved a check … We got the divorce thousands of MBA members, Consultants is a West Coast Portland and joined her current in a movement to expand the finalized and she emailed me employees and their families. based financial services firm practice at Kramer & Associates. services available to low-income later to thank me for everything. Steve will continue to act as the providing an integrated suite of Mark Kramer, the principal at her individuals in Multnomah County. She was really proud of herself main point of contact for the financial and consulting services firm, is a long-time volunteer and As secretary of the Young Lawyers because she had rented her own MBA plan, and by joining AKT to the business and nonprofit supporter of the Pro Se Assistance Section (YLS) of the MBA and in apartment, gone back to school, will be able to offer members a community. In addition to Project (PROSAP) at Legal Aid coordination with the Multnomah and gotten a job. She told me she wider range of services. employee benefit services, Services of Oregon. Clients County Circuit Court, Mary is was managing her own money In addition to acting as the management consulting, attending the PROSAP clinic spearheading the creation of a for the first time and now was a MBA’s plan administrator, Steve retirement plan solutions and meet with experienced family law project to assist self-represented skilled check writer.” has considerable expertise in wealth management, AKT attorneys to review completed litigants preparing family law Sheri Osher, who coordinates legislative issues impacting continues its long tradition of divorce or custody paperwork judgments. PROSAP, states that Legal Aid health care reform, including providing tax planning and and receive much-needed legal Mary prides herself on helping is fortunate to count Mary as a serving as the chair of the Health financial assurance services. advice. Mark encouraged Mary those individuals that may not volunteer. “Lawyers are uniquely Insurance Reform Advisory to begin volunteering as well, and otherwise have a voice in our legal qualified to help people navigate she never looked back. Now, years system, both in her own practice our complex system of laws. Mary later, she has assisted dozens of and in her volunteer work with has seen first-hand the impact her low-income Oregonians in their Legal Aid and the YLS. She knows guidance can have on the lives of family law matters. how life-changing a family law her clients. Legal help should not Mary reports, “[C]lients are case can be for an individual. be reserved for only those people usually so grateful … because She recounts one of her most fortunate enough to be able to they really need the help. Often proud moments as an attorney: afford it. Volunteers like Mary the people I meet with don’t speak “I represented a wife who had make a real difference in the lives English. The ‘do it yourself’ forms married her husband very young of our clients.” 11 Multnomah Lawyer

Practice inbox conservation. Email Etiquette for Young If you are likely to make multiple requests of your reader, gather Lawyers them into a single message. Flooding his or her inbox by Michael Willes with many related messages is Tonkon Torp irritating. It also increases the Young risk that your important email to a select few - a select few who tend to hold the reins of power will fall through the cracks, Lawyers but not necessarily a firm grasp sandwiched between CLE on how the internet works. advertisements and automated When the purpose of including billing reminders. I have heard Section your superiors on a message is of a partner who made a habit merely keeping them in the loop, of editing briefs line by line in follow the hierarchy rules down individual emails. That is, each

mb a on the “cc” line. requested change corresponded Don’t bury the lede. Place to a single email. He also tended conclusions and action items in to be an early riser, meaning that Wills for Heroes the first two sentences of your 100 or more unread messages message. Email has, in large part, could greet a bleary-eyed by Timothy Lawson replaced its long-form cousin, associate to the waking world YLS Pro Bono Committee Body language often the memo, as the preferred when said partner had had a communicates more meaning vehicle to convey legal-research particularly productive morning. This example is extreme, but you administered in at least half of than the words you actually results. Memos generally start can see my point. Nobody wants all states, this program supports speak. For better or worse, email with an executive summary, to deal with a congested inbox. pro bono services to provide has its own subtle, behind- which allows the reader to learn Be direct and unapologetic, basic estate planning for police, the-scenes code. When I was a key information at a glance and avoid unnecessary drama. firefighters, and EMTs. To do so, summer associate, I didn’t realize and decide whether additional One of email’s greatest virtues the national program provides how heeding these unwritten reading is necessary. Likewise, is its efficiency, which suffers software for drafting basic wills, rules could make the difference the first few lines of your email when excuses, digressions, and which assembles the document between satisfying and offending (possibly displayed on nothing flowery expressions clog up the from basic forms that are filled my audience. In fact, I managed more than a preview pane) lines of communication. Your in with the client’s data and to offend the partner supervising should be sufficient to determine client and boss – who, by the decisions. With software and my very first assignment. In the whether your message requires way, are probably pretty direct processes in hand, local qualified wake of that debacle, and just immediate attention or not. communicators - just want the pro bono groups are tasked with as my Type-A panic was setting Better yet, make your subject facts. The facts allow them to reaching out to first responders in, a seasoned senior associate meaningful. Leaving it blank make decisions, and then tell you It goes without saying that and organizing the clinics. gave me a few pointers that or non-descript is a missed what to do, presumably so that communities everywhere depend Locally, the MBA Young continue to inform my email opportunity to manifest your things will get done. a great deal upon the services Lawyers Section (YLS) Pro Bono correspondence. I have written nascent legal superstardom - or If a situation requires an of first responders. Even in the Committee has taken the lead them up here with the hope competence, at least. On the apology, make it a conversation. best of times, the jobs of first in implementing this program, of bridging part of the divide other hand, “Doe v. Roe: Draft I have spent my entire responders necessarily take holding several clinics per year between millennial lawyers Motion to Dismiss - Tuesday legal career in larger firms, so them into peril more often to serve first responders in and their more experienced Filing Deadline” provides you may find it necessary to than most people. Certainly, the Portland Metro Area. For counterparts. cues about the contents of the adapt these pointers to your as communities reflect on the each clinic, the YLS Pro Bono Seniority matters to some. In email and what needs doing. own situation. But taking a anniversary of the September Committee volunteers focus on a the “to” line of group emails, place Optimally, your subject lines will conscientious approach to your 11 attacks, all will recall the specific group of first responders, the client or most senior partner allow your reader to remember communications will benefit you deaths of hundreds of police, such as a particular fire company, first, then keep going down the the gist of the email even months wherever you practice. If you firefighters, and paramedics who and brings them together with hierarchy. (However, lists of eight after he or she received it. respect the time and ego of your had risked their lives to evacuate notaries, witnesses, and attorneys. or more recipients should follow Your busy readers will bosses and clients, you might just people from the World Trade The Wills forH eroes program alphabetical order.) appreciate your efforts to gain their respect in exchange. Center. Probably more than any relies heavily on a talented pool I know. This is petty. But economize the drain on their other event in recent memory, of local estate planning attorneys. honoring the chain of command cognitive resources that is email this loss drove home the risks Cathy Meyer, an associate at The can be surprisingly important traffic. and hazards inherent in the work Law Offices Nay & Friedenberg, of these professionals. took a break from her estate However, given the risks of planning and long-term care Alex Naito their jobs, first responders often planning practice to volunteer do not have their affairs in order. her time at the most recent Pro Bono Spotlight Wills, powers of attorney, and Wills for Heroes clinic. There, other instruments are crucial to Cathy and two other attorneys by Kellen Norwood having some modicum of control worked with EMT employees YLS Pro Bono Committee when the worst-case scenario of American Medical Response, unexpectedly occurs. For these and they collectively executed 14 Alex Naito initially dreamed Late last year, Alex accepted professionals, this heightened wills in a single afternoon. of printing presses rather than an appointment to represent possibility of tragedy affects All this effort addresses a courtrooms. But he recalls a pro se plaintiff in a federal the young and old alike, and crucial need for estate planning growing frustrated while civil rights lawsuit against the the consequences are the same. services. On its website, the working at a newspaper in Portland Police Bureau. The case Without the proper documents, national Wills for Heroes college. “I felt that, despite my was in rough shape when Alex Alex Naito first responders may be unable Foundation notes that less than best efforts, as a reporter I could stepped in, but he helped the to direct their own emergency half of the general population has not directly initiate change in client reach a favorable outcome. medical care or control end- a will, but from the foundation’s my community. Rather, I was The client, who had a history the Police Bureau’s pattern and of-life decisions if seriously experience and collected dependent on the community to of thefts on his record, suffered practice of using excessive force injured, and, if death occurs, data from first responders react to a story.” Alex decided to from mental illness. He incurred and its failure to properly train the disposition of their property organizations, first responders go to law school so he could have injuries after an encounter with officers. Alex’s team of attorneys would be controlled by intestacy are even less likely to have a will a more direct impact. the police outside a pawn shop in and paralegals withstood a statutes, which could lead to than the general population. There are few things that Alex downtown Portland. motion to dismiss (which Alex undesired results. The YLS Pro Bono enjoys more as an attorney than The client filed, had dismissed, argued) and prepared for trial. To meet this need, the Wills Committee will be holding its delivering oral arguments. But and refiled his complaint several While a motion in limine for Heroes Program emerged to next Wills for Heroes clinic in those opportunities are hard times, alleging a number of civil was pending regarding the “protect those who protect us.” October. To volunteer for the to come by in civil litigation rights violations. Eventually, the admissibility of a US Department Founded in the aftermath of 9/11 clinic, contact Tracy Hooper at these days. Much of Alex’s defendants obtained summary of Justice investigation concluding by a South Carolina attorney and [email protected]. work takes place outside the judgment on all but an excessive that the Portland Police had a courtroom. “The part I most force theory. The case was pattern and practice of using enjoy is the investigation - digging scheduled for trial and the excessive force against mentally through records and interviewing defendants felt little incentive ill and homeless people, the city witnesses to develop the story to settle. made an offer of judgment many behind the claims.” When Alex and his team took times greater than any previously Pro bono work has allowed over the case, they immediately discussed figure. The client Alex to stay true to his filed for leave to amend and won accepted and settled a case that journalistic roots while also the right to plead additional honing his litigation chops. Monell violations relating to Continued on page 13

12 www.mbabar.org October 2015 Amanda Dalton New Clinics to help Pro Se Pro Bono Spotlight Family Law Litigants by Jill Mallery by Mary Tollefson Legal Aid Services of Oregon YLS Secretary “I often think the attorney gets Services of Oregon’s Domestic judgment multiple times and, much more out of volunteering Violence Project. The Domestic in some cases, as many as 10 than the client.” Violence Project (DVP) matches times. This takes up judges’ pro bono attorneys with valuable time and is frustrating Amanda is a lawyer–lobbyist and survivors of domestic violence for litigants who want their political advisor. She manages for representation in a contested judgments to be signed. Amanda L. Dalton, Attorney at restraining order hearing. Over Amanda Dalton Earlier this year, Multnomah Law and Dalton Advocacy, Inc., a the last year, Amanda has spent County Presiding Family Law dual practice that merges her two countless hours on complicated that making a life better, even just for the short term, makes you feel Judge Maureen McKnight passions, legislative advocacy and time-consuming DVP cases. approached the MBA YLS, and legal representation. After In addition to the more common that “You made a difference today.” Amanda encourages lawyers St. Andrew Legal Clinic, and more than a decade of managing fast-paced, limited issue DVP Lewis & Clark Law School to a successful government case, Amanda has worked on to do pro bono work and to push their boundaries in their come up with a way to help self- relations practice in Oregon, DVP cases that have involved represented litigants in family requests for discovery. Through volunteer work. Her advice to Amanda made the decision In 2010, the Office of State law cases. They have spent a great it all, she has maintained a lawyers considering pro bono to attend law school. While Court Administrator reported deal of time collaborating and positive and committed attitude. work is to pick a cause or purpose Amanda attended Willamette that in 86% of Oregon family law are in the process of developing Amanda believes in the that you care deeply about. University College of Law, she cases at least one party was self- two different legal clinics that importance of providing access Through her dedicated work worked in the Oregon Capitol represented. Judges, court staff, will be starting up soon. to legal services to those who on DVP, Amanda has shown as Legislative staff. Amanda and attorneys have gone to great The Judgment Repair Clinic cannot afford it and feels fortunate her commitment to advocating opened her own practice in 2015, lengths to provide user-friendly will be held at St. Andrew Legal she can spend time volunteering for low-income, vulnerable providing government relations forms for the most common Clinic and will be staffed by law with DVP. For Amanda, “There populations. On behalf of the and advocacy services and court- types of family law cases, but this students from Lewis & Clark, is nothing more rewarding than clients Amanda has helped and appointed legal services. does not eliminate the need for along with attorneys from St. walking out of that courtroom and lives she has changed, Legal Aid Amanda is an outstanding advice from family law attorneys. Andrew. This clinic will assist having a client hug you.” She says thanks her for her dedication. attorney volunteer for Legal Aid Previously, self-represented litigants in family law cases litigants could make who have had their judgments appointments with courthouse returned to them for deficiencies. facilitators to review their forms The volunteer law students will Alex Naito before they turned them in. help the litigants identify the Continued from page 12 However, these positions were deficiencies in their judgments mba EVENT cut several years ago while the and correct them. This will only months before appeared recession was at its peak. The provide a great opportunity for dead in the water. Bench Bar & Bagels Lewis & Clark Legal Clinic also law students to gain experience Although the professional provided an excellent resource and will assist litigants in Thursday, November 12 development opportunities in this for low-income family litigants to ensuring that their judgments pro bono matter were gratifying, Tonkon Torp turn to for help. Unfortunately, will not be rejected again. the best part for Alex was when 888 SW 5th Ave., Ste. 1600, Portland the clinic closed last year. The The Judgment Preparation he got to inform the client about 7:30-8:30 a.m. Volunteer Lawyers Project at Clinic will be held in a jury the settlement. “He was extremely Legal Aid Services of Oregon room at the Multnomah County The MBA hosts the sixth annual “Bench Bar and pleased with the outcome,” Alex coordinates a pro se family Courthouse and staffed by local Bagels” on Thursday, November 12. Please join your recalls, “and grateful for the work law clinic, where volunteer volunteer attorneys who have colleagues and members of the judiciary for a light we had done.” attorneys help pro se litigants experience in family law. This breakfast and coffee. This event is offered at no cost Alex counts this experience complete family law forms and clinic will assist litigants in filling to MBA members and judges. Non-members: $10. as one of the highlights of his answer family law questions. It out their judgment paperwork career. “It reaffirmed my belief is a limited resource, however, before it has been submitted to Special thanks to our sponsor and host: that being an attorney provides and cannot meet overwhelming the court, which will significantly a unique opportunity to have client need. decrease the likelihood that the a more direct impact on the There is hope that the judgment will be returned to community.” Unfortunately, courthouse facilitator positions the litigant. The YLS Pro Bono he said, the experience also will be restored in the future, Committee will help run the underscored the reality that not but in the meantime, there exists Judgment Preparation Clinic. having the resources to hire an Please RSVP to Kathy Modie, [email protected]. a huge need for immediate Both clinics are still a work attorney is too often a bar to assistance to self-represented in progress, but are expected justice in our society. litigants in family law cases. to start up in the near future. If Judges have keenly felt the losses any attorneys are interested in of the facilitator positions and volunteering with the Judgment the Lewis & Clark Legal Clinic. Preparation Clinic, please email It is not uncommon for judges Mary Tollefson at to review and reject the same [email protected].

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Ethics Focus disqualified byR ule 1.7 or 1.9(a) imputes one law firm lawyer’s with respect to the matter. conflicts to all lawyers at the firm. Continued from page 7 “(b) Except as provided in Summing Up lawyer or the client that the paragraph (a)(2), Rule 1.10 is lawyer will provide continuing inapplicable to a representation Lawyers provide great service to representation in the matter: governed by this Rule.” their communities through pro bono work. At the same time, (1) is subject to Rule 1.7 Absent the comparatively they need to remain sensitive to and 1.9(a) only if the lawyer limited contours of RPC 6.5, risk management considerations knows that the representation of however, lawyers handling pro so that they can stay safe while the client involves a conflict of bono matters are subject to the doing good. interest; and (2) is subject to Rule same conflict rules as those 1.10 only if the lawyer knows governing paying clients. Those that another lawyer associated include RPC 1.10(a) - the so-called with the lawyer in a law firm is “firm unit rule” - which generally

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Deposition Preparation for most preparation sessions. These simple rules, in our The MBA Solo/Small Firm Committee Setting Your Witness Up for Success experience, account for many of the problems that a witness will invites you to attend their run into. by Jill D. Schmid, Ph.D. One: The most important Free Fall Workshop Series Sound Jury Consulting job of the witness is to listen can be said for deposition prep, carefully to the question and where the world of lawsuits and answer only that question. How To Make Your depositions is totally new to Many witnesses hear a question the witness. In these situations, and start wondering what the Small Firm Successful nothing works better than attorney is trying to accomplish conducting a mock preparation by asking the question. This session (best if done with video often leads to nonresponsive Tips and Advice for Marketing and Promotion for Solo/Small feedback). You cannot just and defensive answers because Law Firms “talk at” your witness, or “talk the witness is actually answering Tuesday, November 3, 12-1:30pm through” possible questions and questions he or she thinks will World Trade Center, Mezzanine Room, 26 SW Salmon St. answers. Instead, the witness follow the question that has should rehearse as if he or she is actually been asked. In this workshop, Traci Ray, the marketing and client actually in the deposition. Two: Every answer comes development coordinator for Barran Liebman, will provide This kinesthetic approach invaluable tips and advice for marketing, promotion, business A couple of months ago I was from one of three categories: works best because it helps the and client development and community involvement in an part of a deposition preparation 1) What the witness knows witness internalize the lessons interactive workshop. She will share how small and solo session that included eight and remembers, 2) What the from the session. The key is practitioners can develop realistic goals for marketing and attorneys, three company clients, documents show, and 3) What that everyone must stay in their development and how to attain those goals. Attendees are two paralegals, and one witness. the witness’s common practice roles – you should think, act, encouraged to bring their questions for discussion in the You can imagine the witness’s is/was. Anything beyond this is speak like opposing counsel (or workshop. face as 13 different voices began speculation and guesswork and find someone who can), and telling the witness “make sure should be avoided. Witnesses your witness must not go “off Managing Clients: How to Minimize Malpractice and you do this,” and “never do that.” need to know that “I don’t know” the record” to ask you “What do Ethics Problems While this situation was a bit is a perfectly acceptable answer if I say here?” He or she won’t get Tuesday, November 17, 12-1:30pm extreme, I’ve seen the same thing it is the honest answer. It is okay to call “timeout” in the actual World Trade Center, Mezzanine Room, 26 SW Salmon St. happen when there’s only one to be helpful and make educated deposition, so don’t let them do attorney. The advice becomes so guesses in social conversation, it in the practice session. Instead, One of the most significant challenges that all lawyers face is overwhelming that the session but not in a deposition. hear what your witness has to say how to effectively manage their client relationships. Poor client becomes counterproductive. Three: Be on guard for first, and then provide feedback. relationship management leads to malpractice claims This form of deposition opportunities to disagree We find that there is a tendency and/or ethics complaints. Obviously, these are consequences prep reminds me of a popular with assumptions and unfair to tell the witness what to say that all lawyers want to avoid. The purpose of this workshop 3M study that is often used characterizations in the questions. before he/she has even given is to discuss various strategies for minimizing the breakdown to support the argument that For example, if the attorney asks, the answer. Give your witness a of an attorney-client relationship. Both speakers have attorneys should utilize more “Did you buy that ugly shirt chance to react in the moment considerable experience in this area. Helen Hierschbiel is graphics in trial. The study at Macy’s?” the witness needs and see what is said before you general counsel for the Oregon State Bar and managed the found that audience members to understand that he or she is address what you “think” might OSB’s ethics hotline. Mike Greene, Rosenthal Greene & Devlin, retained as little as 10% of the not restricted to a “yes” or “no” be an issue. Perhaps they’ll get it has had a lengthy career involving legal malpractice claims and information three days later if answer. In fact, “yes” or “no” right and that’s one less point of ethics issues. This workshop is intended to provide attendees the presentation was oral only; answers should be used sparingly feedback that could overwhelm with useful and practical information about how to create and however, when presented the since they provide no wiggle them. Alternatively, if they get maintain sound attorney-client relationships. The information same information through both room. By their nature a “yes” it wrong, it is better for them will be helpful to all lawyers regardless of their level of oral and visual presentation, the or “no” either accepts or rejects to experience that failure (and experience. retention rate jumped to 65%. every aspect of the question. where it takes them) first-hand. While this study is most often Instead, it is important that the Second: Ask the hard Registration is free and open to MBA members only. The MBA used to support the argument witness makes it clear what they questions. It doesn’t set your will apply for CLE credit as applicable. The sessions are set up that presentations need a visual are agreeing and disagreeing with: witness up for success if the first to allow time for networking and questions and answers. Lunch component, its implications “I disagree that it is an ugly shirt; time they hear tough questions is is provided. Please let us know if you have any special needs can be applied to a wide variety but yes, I purchased it at Macy’s.” in the actual deposition. So, ask (vegetarian, vegan, etc.). of communication situations, Furthermore, the witness needs to the really hard questions – the including witness preparation. correct the characterization every uncomfortable questions – and Email Shannon West at [email protected] to register. Many attorneys spend time in time it occurs. It is insufficient to have them work through their these sessions providing the correct it only once and let it go responses (again, on their own). witness with extensive tips on the next time. Then provide feedback and try how to deal with different issues While there is a long list of the same set of questions again. in the case, strategies that might other issues that may arise in a They cannot memorize your be used by opposing counsel, deposition, we have found that responses to the tough questions; Partner giving you the boot? and a variety of other random many of the problems witnesses they must learn how to formulate thoughts. This may appear face in depositions come back the response in their own words reasonable, since the attorney to a violation of one of these so they can truly own it and is trying to get the witness up- three rules. Instead of addressing then deliver it. Sometimes, to-date and prepare him or her every conceivable problem in attorneys worry about how this for all of the nuances that may the preamble to the preparation will affect their relationship with be addressed in the deposition. session, focus your initial the witness. Usually, it’s not a However, the problem with feedback and address additional problem as long as the attorney this strategy is that there is a problems only as they arise. explains the role-playing method significant chance of failure, since ahead of time to the witness. the witness will likely remember Jill D. Schmid, Ph.D., and Thomas Third: Keep the “rules” simple. as little as 10% of what the O’Toole are partners and Senior Overwhelming your witness with attorney tells him or her. Litigation Consultants at Sound a long list of “do’s” and “don’ts” Instead of marching uphill Jury Consulting, a full service will only confuse them and lead with this approach, there are Trial Consulting Firm. Jill can to more stress. Initially, stick to some alternative methods that be reached at 503.702.7716 or the basics and then add other have been studied and proven to jschmid@soundjuryconsulting. lessons if and when it becomes an be effective. Some basic elements com. In addition, Jill will be obvious problem. This is another of these methods that can set your teaching Witness Preparation: MCGAUGHEY ╫ ERICKSON reason why you should role play. witness up for success include: A “How to” Guide for More Shareholder Partner LLC Member Disputes You cannot know the possible First, role play. Studies show Effective Deposition Sessions pitfalls until you see your witness class on November 19. For more that when we are young toddlers 2440 Fox Tower, Portland 97205 503-223-7555 www.law7555.com “in action.” Why waste time and the world is new to us, we information, see page 4. telling your witness what to do/ are predominantly kinesthetic not do, until you see if it’s actually learners. In other words, we an issue? learn by experiencing things We have found that the rather than hearing about them following three simple, broad or watching them. The same rules are a great starting point

15 Multnomah Lawyer

• Admitted to practice in Litigation Associate Offices Building, 521 SW Clay with plenty of covered parking Oregon The Portland office of Bullivant (corner of SW 6th and Clay). Two spaces! Call 503.936.6127 or Classifieds • Exceptional legal research Houser Bailey is seeking an small offices: one fully furnished email [email protected] if and writing skills and be associate with two or more 9 x 11.2 and one unfurnished you would like more information eager to assume responsibility years of experience in casualty 9.5 x 13 with 4 x 9 storage closet or a tour of the premises. Positions litigation, including asbestos and - both $410. Medium size office Qualified applicants should products liability. This position with desk 11 x 14.5 with large Downtown Portland - 2 Offices Deputy General Counsel email a cover letter, resume, law involves all phases of litigation window and separate secretarial - Class A Space - River & The Oregon State Bar is looking school transcript and a writing and includes drafting pleadings work station- $715. The large Mountain View for someone to join our dedicated sample to Jill Valentine, Attorney and discovery, managing double size office is 22 x 16, $1,500 & $1,300/Monthly: team & provide counsel for the Services Administrator at files and attending hearings, with five windows and a sliding Class A office space, 18th floor Bar under the general supervision [email protected]. depositions, arbitrations and door that can divide the office of Umpqua Bank Building, of General Counsel. trials. Qualified candidates will in half - $1250. Rent includes at One SW Columbia. Both Please visit http://www.osbar. Estate Planning Attorney have the following: full time telephone answering exterior office’s with panoramic org/osbcenter/openings.html for Downtown Portland estate • An exceptional academic and reception service, use of law view of mountains, riverfront job details. planning firm looking for an record, along with library with large conference and downtown. AV family Equal Opportunity Employer attorney with at least 5-10 excellent oral and written table and separate conference law practice will share two years of estate planning and communication skills. room. Share building with conference rooms, receptionist Insurance Coverage Attorney administration, preferably with several experienced attorneys. • Strong legal research, services, and kitchen. Copier, fax, The Portland office of Bullivant a tax background, who is self- Parking available for $200/ analytical and problem- telephones and email provided at Houser Bailey PC is seeking an motivated, intellectually curious, month. Four blocks to the solving skills. cost. Building amenities include attorney with at least three years’ able to work with clients and courthouse, coffee shop and conference rooms, private experience practicing in the keep their best interests at heart, • A willingness to learn and a restaurant next door, athletic gym and bank in building. area of insurance law. This is an and needs minimal supervision. desire to engage in business facility one block. 521 SW Clay. Approximate room sizes 17 x exciting opportunity to become Ideally, we want an attorney with development activities. George: 503.226.3607. 14 and 10 x 15. Call Cecelia part of our nationally-recognized some existing client base, that Applicants must be admitted Connolly 503.224.7077. litigation and insurance coverage will also help with our existing to practice in Oregon. Office Space Available for team. This position involves all client base, and the succession No outside recruiters please. Lease on the 8th Floor of phases of litigation including case planning for our firm, as To apply, please submit a the Crown Plaza Building management, motion practice, partners reduce their workload cover letter, resume, law school Downtown discovery, arbitrations, appraisals, and later retire. We are open to transcript and a 5-7 page writing Two window offices and three and trials. It also involves non- various relationships, including sample to Jill Valentine, Attorney inside offices available for lease litigated insurance coverage an associate, partner or of Services Administrator at individually or as a whole, work including research, writing counsel relationship, depending [email protected]. facing the river and SW Hills opinion letters, and advising on the circumstances. We offer with unlimited use of three large insurers on their obligations competitive compensation, beautiful conference rooms with respect to claims and claim- a growing and challenging Space facing the river, receptionist, handling. Qualified candidates practice, a casual atmosphere, Downtown Portland - 4 offices kitchen, internet, copier/scanner, should have the following: and the chance to learn from The Law Offices Building. Two LexisNexis, exercise room and • MuLTNoMAH LAWYER3+ years’ experience three experienced estate small, one medium and one more. Short-term or long term OCTOBER 2007 practicing in the area of planning attorneys. Please send large office available in The Law leases up to five years available insurance law a resume and writing sample to What I Did on My Summer Vacation [email protected]. By Michael Dwyer, MBA President-Elect.

A week at Harvard University Cloke’s mediation class was one of heart and mind. Cloke stressed that in mid-July hardly cracks several offerings. Fox, a lecturer we customarily opt for resolving the usual list of top summer at Harvard Law School, led a class conflict at a superficial level: the vacation ideas. But the chance called Beyond Yes One, referring level of mere settlement. Mediators to participate in a cutting-edge to the negotiation bestseller co- afraid of radical open-heartedness, program integrating Western authored by Fox’s mentor, Roger or unskilled at handling the conflict resolution with ancient Fisher of Harvard, but cross- deepest levels of conflict, miss the Eastern wisdom and meditation fertilizing negotiation techniques opportunity to help people achieve traditions was educational, with insights, skills and spirit- deeper levels, including forgiveness, inspiring and transforming. energy to enable negotiators to transformation and transcendence. operate at their highest levels of �� Judges, mediators, and lawyers body and mind. Before class each morning, we �� gathered from all over the world for participated in either a movement two, week-long sessions. My own In the second week, a prominent or yoga class followed by 30 �� Advanced Mediation class with trio offered emerging roles for minutes of guided meditation. �� world-renowned mediator Ken lawyers. David Hall’s new book e demonstrated benefits of Cloke drew attendees from every captures the spirit of this class. It is incorporating meditation into �� corner of the globe and the US. entitled e Spiritual Revitalization a professional practice include of the Legal Profession: A Search for increased empathy and insight, Sponsored by the Harvard Sacred Rivers. reduced reactivity, and greater Negotiation Insight Initiative attention and attunement. Harvard, TEMPORARY & PERMANENT PLACEMENT (HNII), a relatively new offspring A dominant theme running Yale and other top law schools have of the Project on Negotiation at through the program is that to offered courses in meditation, and LEGAL NORTHWEST the law school, the program is resolve conflict with others at a several top-tier law firms have held the brainchild of its executive deep and enduring level, we must trainings for lawyers. director, Erica Ariel Fox. first work on ourselves. We can STAFFING SPECIALISTS e program’s mission is “to establish peaceful resolution of HNII also holds autumn broaden and deepen the way we conflict with others only if we – workshops. e MBA is discussing An OLAF grant or loan allows understand, teach, and practice mediators, 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 treatable mental health or world’s ethical, philosophical, and settlement arena. To do that, we Michael Dwyer is a mediator and �� addiction issues get his or her ��700 SW Taylor Floor 2 life back. 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 When you help another lawyer, ��Fax 503-274-7895 you help the profession and ��www.legalnw.com the public we serve. [email protected] Give now.

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17 Multnomah Lawyer Pro Bono Volunteers fire happens

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18 www.mbabar.org October 2015

The Civic Awards program were not a priority City Club Civic Scholars was developed to recognize in Portland high excellence in preparing youth to schools due in part to Focus on the Youth be informed, effective citizens, and budget cuts and other has a strong focus on youth civic educational priorities. by Melvin Oden-Orr engagement. That focus on civic They resolved that, Oden-Orr Law engagement matches up well with among other things, MBF Board the Multnomah Bar Foundation’s “the most successful mission to increase the public’s citizenship experiences “Train up a child in the way that he understanding of the legal system, are relevant to the [or she] should go, and when he [or to promote civic education, public student’s life, actively she] is old, [they] will not depart participation, respect for the engage the student, and from it.” This quote from the King law, and to financially support offer the possibility of James Bible epitomizes the goals programs like Civic Scholars. making a difference in of the City Club of Portland’s Civic the world.” As a result, Scholars program. The program, one of the committee’s which was begun in 2013 by the recommendations Club’s Civics Education Advocacy was that the City Club Committee, was a 2013 and 2014 devote at least one Multnomah Bar Foundation grant program each year recipient under its former name, to youth citizenship Oregon Foster Youth Connection Civic Awards. The City Club of Portland, and establish awards civic participation takes Portland’s premier civic for outstanding youth citizenship many forms. “Our youth engagement organization, and school-community civic have an active presence in is known for its research partnerships. Thus Civic Scholars policy conversations and projects. Since 1920, City Club was born. TRIAL rulemaking with federal, members have prepared over Today, Civic Scholars state, and local officials. 1,000 reports on a wide variety recognizes community-based GRAPHICS That means youth who have of topics including land-use organizations that place youth experienced foster care are planning, health care, education, civic engagement at the heart of sitting at the same table as environment, government, their work. At the Annual City foster parents, policymakers, transportation, taxation and many Club Civic Awards Ceremony government officials, judges others. A 2012 City Club research in May, the club recognized the and elected leaders to make project confirmed what the three honorees: Oregon Foster important changes to the PERSUASIUMPersuasive Litigation Graphics MBF believes intrinsically: that Youth Connection, Hope for foster care system in Oregon.” democracy requires citizenry and Homelessness, and its first place • citizenry requires education and Civic Laureate, Sekai Edwards. Hope for Homelessness is a student-run club at Lincoln practice. The research committee • WWW.PERSUASIUM.COM Oregon Foster Youth High School supporting was charged with examining how Connection (OFYC), a civics is taught in Portland Public Portland Homeless Family Graphic Design program of Children First for Solutions and other School District high schools and Oregon, is a statewide, youth- Graphics Strategy to report on the degree to which nonprofits. Their mission is led advocacy group of current to raise awareness, especially 2D & 3D Animations the schools prepare youth for a and former foster youth. life of active citizenship. Among in the more privileged parts Conceptual Illustrations Their mission is to improve of our community, about its conclusions, the committee the foster care system PowerPoint™ Presentations determined that social studies homelessness and to advocate through advocacy, activism, for a change. According to a and leadership. While recent KATU.com report, the Children First for Oregon’s group has served countless mission is to make long- meals, held blanket and term systemic change by clothing drives, organized advocating for the adoption holiday collections, and put of policies and programs together care packages. The that keep children healthy group’s focus: helping those and safe, and strengthen without a roof over their head. families, they support OFYC • to ensure that all children Sekai Edwards was the 2014- and youth in the foster care 15 president of Jefferson system, from the youngest High School’s Black Student to those aging out, are well- Union. City Club noted that cared-for and empowered Ms. Edwards has worked all to succeed. OFYC trains over the city of Portland to and empowers youth to unite youth and adults of all participate in developing ethnicities, classes and ages to policies, programs and talk about issues that continue practices intended to improve to oppress Portland’s black the lives of thousands of kids community. Her goal has been in foster care. According to involve black youth in the to Program Director Lisa discussion of gentrification, McMahon, OFYC members’ Continued on page 20

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19 Multnomah Lawyer

City Club Civic Civic Scholars has become each Friday Forum, the students have every expectation about more than the awards and ask questions at the microphone, that as an adult he will Continued from page 19 recognition. Civic Scholars brings sit with City Club members continue to pursue civic racial profiling, public 10-20 students from five Portland involved in education, business, engagement, be it with education, police brutality, area high schools to City Club and law, and are also offered City Club or some other and LGBTQIA issues in the Friday Forums. Those students private meetings with the speakers organization. black community. arguably have greater participation to ask questions. Along with the at the forums than members. At The City Club is truly growing MBF, the Civic future civic leaders and City Scholars program is Club members. Students made possible by the accepted into the Civic generous support of Scholars program become the Collins Foundation full-fledged and voting City and Comcast Internet Club members at no cost Essentials, and works to them. In 2013, as a City in partnership with The Club member, I had the Classroom Law Project, privilege of serving on a the SUN Community research committee with a Schools and AmeriCorp Civic Laureate Sekai Edwards student from Lincoln High VISTA. School. I was thoroughly impressed with his maturity, intelligence, and interest in the subject matter. I

Hope for Homeless Club

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20 www.mbabar.org