December 2019 Lawyers associated for justice, service, professionalism, Multnomah education and leadership for our members and our community December 2019 Volume 65, Number 11 Est. 1906 Lawyer

I am constantly impressed Giving Back and Stepping Up by the level of enthusiasm and mba CLE dedication members contribute To register for a CLE, please see The Spirit of the YLS to their roles. The efforts of p. 4 or visit www.mbabar.org and committee members result in log in as a member to register at by Holly Hayman successfully organized events, the member rate. YLS President CLEs, community service As 2019 comes to a close, I’m and pro bono opportunities tailored to new lawyers. Hard work excited to share some of the YLS’s pays off, but diligence is not the only value shared and prioritized DECEMBER by YLS members. I am regularly inspired by the commitment our achievements from the year. Our 12.3 Tuesday YLS members as individuals dedicate towards pro bono and public committees have accomplished Annual Probate Update a lot and look forward to more service. These shared values serve as a foundation for YLS members Judge Patrick Henry as we incorporate new members. to make strong connections with each other and with the greater Judge Beth Roberts I’ve also received a good deal of community. YLS Board Secretary Kirsten Rush summarizes that Judge Katherine Weber feedback about the personal benefits that folks have experienced as sentiment below: Tim McNeil YLS members. I’m taking this opportunity to highlight some of the “The YLS empowers its members to engage with the community organizational and personal benefits YLS membership offers. by providing programming where new lawyers have opportunities 12.5 Thursday to get involved in public service in a meaningful way through a New Judges’ Perspectives Committee Achievements wide range of volunteer activities which serve the greater-Portland Judge Steffan Alexander The YLS as an organization accomplishes some pretty amazing area, including many that are aimed at educating the public about Judge Amy Baggio tasks in a single program year. Currently, the section supports four the legal system and inspiring the next generation of attorneys to Judge Andrew Lavin committees: Membership, CLE, Service to the Public, and Pro join our profession.” Judge Angela Lucero Bono. Although each committee is governed by its charge, they The YLS’s organizational model does not stop with supporting Judge Heidi Moawad are encouraged to be flexible and allow individuals to present and Judge Melvin Oden-Orr pursue new ideas. During my time with the YLS, I have met new member innovation and offering a platform for prioritizing service-based values in the greater community. Indeed, one of the Judge Shelley Russell practitioners with a variety of passions and experiences. The YLS Judge Katharine von Ter Stegge embraces this diversity and creates opportunities for members to be most important benefits the YLS provides for its members is the opportunity to participate in leadership. innovative and curious, and provides access to resources to execute 12.6 Friday their ideas. The results include impressive programming and content, Oregon Ethics Rule 8.4(a) some of which are highlighted below: Dedication to Leadership My experience with the YLS has shown me that the value to the (7): Moving Oregon Beyond • Judges’ Social. The YLS Membership Committee organizes a organization is greater than the sum of its parts. Membership Professionalism and Inspiring social event that focuses on bringing new lawyers and judges empowers new lawyers, myself included, to create a professional Confidence in the Justice System together. For many new lawyers, being before a judge in a reality that provides meaning and purpose. For many new Judge Melvin Oden-Orr courtroom is uncommon and unfamiliar. Meeting judges in a practitioners, that means the opportunity to develop leadership skills. Nik Chourey social environment without results-oriented pressure is important “The YLS creates a positive space where there are opportunities to Donna Maxey for new practitioners to gain confidence and expand their engage in leadership roles and to learn from other new lawyers in Shaina Pomeranz professional networks. Be on the lookout for details about the different practice areas so that everyone can grow, professionally and 2020 Judges’ Social on the MBA website. personally,” says Maxine Tuan, CLE Committee Chair. 12.17 Tuesday • Young Litigators Forum. The YLS CLE Committee focuses on YLS members have created a community that empowers Top Five (Un)Ethical Reasons providing CLE seminar content geared toward newer lawyers and individuals to succeed even at the most basic level of involvement. Lawyers Find Themselves In one of its most popular series is the Young Litigators Forum. The Our leadership focuses on maintaining that community and Trouble YLF provides both theory and practical skills about the nuts and supporting members in every step of their participation. This support Ted Reuter bolts of litigation in one-hour lunchtime CLEs over the course of enables members to feel good about their work and results in a desire Calon Russell several weeks. This year’s series begins on Thursday, January 16 - to learn from their leaders so they can continue to improve and grow. see the enclosed flyer for details. “The YLS allows new lawyers to interact with leadership directly and 12.18 Wednesday Mandatory Mental Health and • Objection! Poetry Slam. The YLS Service to the Public develop practical leadership skills,” states Anthony Blake, Pro Bono Committee Chair. Substance Abuse Committee works to connect lawyers with volunteer Judge Gregory Silver opportunities. The committee also organizes a poetry slam that At both the organizational and individual levels, it is difficult to mistake the spirit of the YLS. We are a thriving community Jared Hager brings local high school students, attorneys, and poets together Michelle Ryan to create art based on a legal theme. In 2019, the Poetry Slam’s seeking to improve both the legal and greater communities around theme was “Free Speech, Free Press, Free Society” and the us. Furthermore, we provide a support system for each other that event successfully connected folks for discussion, creation, and encourages professional growth and prioritizes meaningful personal JANUARY socializing. connections. For me, YLS membership has and continues to provide special meaning and value. I have also received similar sentiments 1.28 Tuesday • Pro Bono Pour & Support for the VLP. The YLS Pro Bono from many new lawyers. It should come as no surprise that we For Your Eyes and Ears Committee provides MBA members with pro bono resources and modestly regard the YLS as one heck of a “professional network.” It Only: Handling and organizes volunteer opportunities. The committee also supports has been my privilege to serve as YLS President. I look forward to the Protecting Attorney-Client the Volunteer Lawyers Project in a variety of ways, including rest of our program year and many successes in the future. Communications and Attorney raising money by hosting the Pro Bono Pour. The 2019 fundraiser Work Product in the Digital Age was a success and raised more money for the VLP than the event Martha Hodgkinson has for the past several years. Allison Martin-Rhodes

Multnomah Bar Association PRSRT STD In This Issue 620 SW Fifth AVE., Suite 1220 Save the Date! U.S. POSTAGE Calendar ������������������������������������������ 2 Portland, Oregon 97204 MBF ������������������������������������������������� 2 PAID MBA 18th Annual CLE �������������������������������������������������� 3 Announcements ������������������������������� 6 PORTLAND, OR WinterSmash Ethics Focus ������������������������������������� 6 PERMIT NO. 00082 Pro Bono Thanks ������������������������������ 6 A Family Friendly Bowling Event Around the Bar ��������������������������������� 8 News From the Courthouse ��������������10 Saturday,Saturday, February Februar 21 Tips From the Bench ������������������������10 The Corner Office ����������������������������� 11 11 a.m.-211 a.m. p.m. - 2 p.m. Profile: Hon. Heidi Moawad ������������� 11 KingPinsKingPins YLS �������������������������������������������������12 3550 SE 92nd Ave Member Resource Center �����������������13 3550 SE 92nd Ave Classifieds �������������������������������������� 17 Portland Multnomah Bar Association 620 SW 5th Ave A Multnomah CourtCare Fundraiser Suite 1220 Portland, Oregon 97204 503.222.3275 Fax 503.243.1881 www.mbabar.org

1 Multnomah Lawyer MBA Board of The Multnomah Bar Directors Calendar President Foundation 2019: A Look 20 Monday Sarah Radcliffe DECEMBER Martin Luther King Jr. Day Treasurer Back on the Year 6 Friday MBA Office Closed Valerie Colas OC-NBA Ebony & Ivory by Nick Kampars Secretary www.ocnba.org/events MBF President Emilee S. Preble FEBRUARY Past President 13 Friday Rima I. Ghandour Court, Coffee & Conversation 1 Saturday www.mbabar.org WinterSmash Directors Details on p. 1 YLS President 25 Wednesday Holly C. Hayman Christmas Day 17 Monday MBA Office Closed Presidents Day Jacqueline Alarcón MBA Office Closed Nellie Q. Barnard neighborhood associations to new citizenship classes, these David I. Bean 22 Saturday MBF volunteers sat down with JANUARY Lewis & Clark Law School Paul S. Bovarnick folks who rarely interact with 1 Wednesday Public Interest Law Project Ben Cox lawyers or judges, and the New Year’s Day Auction Caroline Harris Crowne response has been fantastic. MBA Office Closed bit.ly/LC_auction Adina Matasaru As I write this, we are only a few We are looking to build off of weeks from Thanksgiving and, the enthusiasm we experienced Seth H. Row 14 Tuesday 29 Saturday by the time this reaches your this year and add even more Krista Shipsey MBA Solo & Small Firm MBA Visits the Portland mailbox, we will have already community partners who wish to Workshop Children’s Museum Jovita T. Wang enjoyed the holiday. Much like host these sessions next year. Details on p. 11 Details on p. 13 we do at our Thanksgiving table The MBF is in good hands. Executive Director each year, I thought I would Although I have been on the Guy Walden share with you some of the Board for a few years, it wasn’t Director, Events & Programs things that brought me gratitude until I moved into a leadership Kathy Modie this year, as president of the role that I truly realized what Multnomah Bar Foundation. an amazing group of people Office & Foundation The generosity of our legal comprises the MBF Board. Administrator Pamela Hubbs community is exceptional. Along with the fantastic efforts This statement routinely graces of Pamela Hubbs and Guy Member Services Administrator the pages of the Multnomah Walden, these board members Ryan Mosier Lawyer, but it never gets old. devote their time and energy Office Administrator When an organization that is each month, not only because Lauren Fairshter doing good work reaches out they appreciate the mission to our legal community to ask of the MBF, but because they MBF Board of Directors for contributions, you respond. know that volunteerism is an This year, as it has done every important part of our profession. President year, the CourtCare Committee Thanks very much to Matt Nicholas A. Kampars collected enough donations to Donohue, Mackenzie Hogan, Vice President continue to offer free, drop-in Abby Wool Landon, Judge Jennifer S. Wagner childcare at the Central and Xiomara Torres, Julie Vacura, Secretary J. Mackenzie Hogan the East County Courthouses. Sarah Bond, Victoria Blachly, The MBA staff wishes you a happy holiday And through WinterSmash, we Jim Oliver, Richard Vangelisti, Treasurer season. In 2019, 508 Oregon law firms, attorneys Abby Wool Landon raised enough funds to furnish Jeanne Sinnott, Nellie Barnard, the CourtCare space in the and Emilee Preble. And a and non-attorney staff donated to the Multnomah Past President J. Matthew Donohue new courthouse. The MBF’s special thanks to incoming MBF Bar Foundation to benefit Multnomah CourtCare program has become President Jen Wagner. When CourtCare. Countless others contributed time Directors a model for other courthouses she takes the reigns in January, and resources to pro bono efforts. We would like around the state, and for good I know things will only get better. to thank the MBA membership and Portland Victoria D. Blachly reason. We are fortunate that We have much to look Sarah H. Bond members of the bar donate so forward to. I, like many of you, legal community for helping to make our James E. Oliver much each year to keep this have followed each month’s community and our state a better place. We look Jeanne K. Sinnott important resource thriving. “News from the Courthouse” forward to serving you in 2020. Our role in the community feature, mainly for the updates Hon. Xiomara Torres is vital. So many of us give to on the new Multnomah County Julie R. Vacura organizations we hold dear, Courthouse. Its opening next Richard J. Vangelisti for missions we endorse, and year promises to be a landmark to others in our community occasion for all of us, and a VOLUNTEER TO The MULTNOMAH LAWYER is who need our help. And our highlight that will stand out in published 11 times per community is all the better for it. our careers. The MBF is working year by the Multnomah Bar This year, the MBF saw an uptick on several projects to support REDUCE ABUSE Association, 620 SW Fifth Ave. in the number of people who the court, the courthouse staff Guardian Partners seeks volunteers to meet with Ste. 1220, Portland, OR 97204 volunteered to participate in one and the community, and we will elder adults and disabled adults under Guardianship care to 503.222.3275 of its programs, CourtConnect, be reaching out to many of you ensure they are safe and thriving. which pairs lawyers with judges in the coming weeks for your Advertising is accepted; Volunteer Monitors are at the heart advertisers(ments) are not to visit community organizations thoughts and support. Without a of our mission to keep vulnerable necessarily endorsed by the MBA. The to discuss the legal system. From doubt, next year will be exciting. Oregonians safe and thriving. You’ll editor reserves the right to reject any be given training and ongoing advertisement. support to be successful. Once assigned a case, you’ll meet with the DEADLINE for copy: The 10th of the month* Protected Person as well as their Guardian and furnish a report to the DEADLINE for display ads: The 12th of the Court, identifying any evidence of month* abuse or neglect. *or the preceding Friday, if on a • Typical cases requires six hours of weekend. T hank You time. • Highly flexible—can be scheduled

NEWSLETTER STAFF CONTACTS to Holland & Knight on your time at your convenience. I would love to schedule time to chat Editor: Guy Walden • Operating in Multnomah, with you, your professional group, Advertising: Ryan Mosier Matt Donohue, Immediate Past President Clackamas, Marion and Lane social group or faith group Design: Cyrano Marketing Solutions of the Multnomah Bar Foundation (MBF), counties. More counties about our volunteer program. Let’s talk! anticipated soon. Copyright Multnomah Bar Association 2019 presented a $5,000 donation to the MBF at • The difference you make in a Contact: Holland & Knight’s “Locally Yours” event at the Protected Person’s life can be Marc Kochanski, Community Relations Manager Multnomah Whiskey Library on November 14. profound! [email protected] | 971-409-1358 The MBF gratefully acknowledges the firm’s support for the foundation’s work to assist the public in the new courthouse.

10814 NE HALSEY ST | PORTLAND, OR 97220

2 www.mbabar.org December 2019

The MBA will apply for 2 hours of general OSB MCLE credit unless otherwise noted; Washington credit may be obtained independently. Registrants who miss the seminar may request the written materials. Substitutions are welcome. Registration fees are non-refundable. unless otherwise noted, all classes are held at the World Trade Center, CLE 26 SW Salmon, Portland. New Judges’ Perspectives Top Five (Un)Ethical Reasons Lawyers Find Themselves In Trouble Thursday, December 5 3-5 p.m. Tuesday, December 17 3-5 p.m. World Trade Center, Sky Bridge World Trade Center, Mezzanine Members $60/Non-Members $95 Members $60/Non-Members $95 Join some of the newest Multnomah County Circuit Court judges - Hon. Steff an Note: Two hours of ethics credit will be applied for. Alexander, Hon. Amy Baggio, Hon. Andrew Lavin, Hon. Angela Franco Lucero, Please join the MBA for a presentation on the top fi ve pitfalls that get lawyers in Hon. Heidi Moawad, Hon. Melvin Oden-Orr and Hon. Shelley Russell - for trouble with the Offi ce of Disciplinary Counsel - and how you can successfully essential tips on how best to advocate in their courtrooms. Learn what these new avoid them. In this CLE, relevant to lawyers in all areas of practice, you will hear judges fi nd to be the most - and least - eff ective advocacy strategies, their courtroom from OSB Assistant Disciplinary Counsel Ted Reuter, and Holland & Knight legal preferences, and what they wish they had known before they took the bench. Th is ethics defense attorney Calon Russell. Come and learn what you need to know will be informative and valuable for all Multnomah County litigators, and an to avoid common ethical mistakes, and to refresh your knowledge of the rules of excellent opportunity to hear from some of our newest judges. Hon. Katharine von professional conduct. Ter Stegge will moderate the panel. Please join us for this unique opportunity and bring your questions. For more information: Contact garrett garfield, Holland & Knight at 503.517.2931. For registration questions, contact the MBA at 503.222.3275. For more information: Contact Anit Jindal, Markowitz Herbold PC, at 503.295.3085. For registration questions, contact the MBA at 503.222.3275. Mandatory Mental Health and Substance Abuse Wednesday, December 18 Noon-1 p.m. Oregon Ethics Rule 8.4(a)(7): Moving Oregon Beyond World Trade Center, Sky Bridge Professionalism and Inspiring Confi dence in the Justice System Members $30/Non-Members $50 Friday, December 6 9 a.m.-Noon Note: One hour of mental health and substance abuse credit will be applied for. Standard Insurance Building, 900 SW 5th Ave., Auditorium Members $80/Non-Members $125 A landmark 2016 ABA/Hazelden Betty Ford Foundation national study found that attorneys are nearly twice as likely as the general population to experience Note: Approved for three hours of ethics credit. problematic alcohol use, and younger attorneys (under 30) are approximately Oregon Rule of Professional Conduct 8.4(a)(7), makes it professional misconduct for three times as likely. Reported levels of depression, anxiety and stress were also a lawyer to intimidate or harass a person because of that person’s race, color, national signifi cantly elevated among attorneys according to the study. given these realities, origin, religion, age, sex, gender identity, gender expression, sexual orientation, the Oregon Supreme Court approved amendments to the MCLE rules requiring marital status, or disability. But what does that mean? Be prepared to engage with mental health, substance abuse, and cognitive impairment education. Th e speakers each other; this is no “talking head” presentation. Th rough a combination of group in this CLE will talk about the causes and consequences of lawyer distress, when to and facilitated discussions, participants will identify words and terms likely to ask for help for yourself and for colleagues, how to recognize when someone needs intimidate or harass when we engage in conversation. Participants will also explore help, and what practical tools are available to enhance well-being. You will also hear why we choose such words and the impacts of those choices, whether intended a personal story of recovery. Th is CLE will be presented by Judge Gregory Silver, or not. Th e presenters believe it is important that such words be used during the Multnomah County Circuit Court, Michelle Ryan, Attorney at Law, and Jared D. program in a way that promotes courageous conversations, with an eye towards Hager, Assistant united States Attorney. creating a brave space. For more information: Contact Ian Christy, Miller nash graham & Dunn at Learning Objectives: 503.205.2416. For registration questions, contact the MBA at 503.222.3275. • Learn about the relevance of Oregon Rules of Professional Conduct to intimidation or harassment based on race, color, national origin, religion, age, sex, gender identity, gender expression, sexual orientation, marital status, or For Your Eyes and Ears Only: Handling and Protecting disability. Attorney-Client Communications and Attorney Work Product in • Th rough group discussion, learn to identify words that intimidate, harass and the Digital Age dehumanize people based on race, color, national origin, religion, age, sex, gender Tuesday, January 28 3-5 p.m. identity, gender expression, sexual orientation, marital status, or disability. World Trade Center, Mezzanine • Explore the impact on people and society when such words are used in our Members $60/Non-Members $95 practice, chambers, and courts. • Explore the role we as lawyers and judges play in either enabling or interrupting Note: Two hours of ethics credit will be applied for. the intimidation, harassment and dehumanization of people in our offi ces, Th is CLE will explore the scope of the attorney-client privilege and work practices, in the courts, the justice system and society. product doctrine in Oregon, as well as discuss some practical tips and Th e esteemed facilitators and presenters for this interactive ethics CLE are: Th e considerations for dealing with privilege issues as they develop in a world that Honorable Melvin Oden-Orr, Multnomah County Circuit Court; Donna Maxey, is becoming increasingly more dependent on electronic storage and devices for Founder, Race Talks; Shaina Pomeranz, Chief Operating Offi cer, Race Talks; and communication. Th e program will discuss the most common mistakes that Nik Chourey, Deputy general Counsel, OSB. Race Talks is a local organization lawyers make when handling their client’s privilege and how to avoid them. that has supported interracial and cross-cultural communications and relationships Martha Hodgkinson, Hodgkinson Street Mepham, LLC and Allison Martin- through the development of sensitivity and understanding since 2011. Rhodes, Holland & Knight, will present this class. For more information: Contact Adrian L. Brown, Chair, CLE Committee, For more information: Contact Adele Ridenour, Ball Janik LLP, at 503.228.2525. 503.727.1003. For registration questions, contact the MBA at 503.222.3275. For registration questions, contact the MBA at 503.222.3275.

To register for these classes, see page 4.

3 Multnomah Lawyer

MCLE Reporting Year?

For the fi rst time, 2020 MBA members receive access to SMALL BUSINESS SAVINGS PROGRAM the entire catalog of video webcasts recorded during the Fall 2018-Spring 2019 Pricing Summary & Program Advantages program year. This amounts to 60+ hours of free, unlimited MCLE- 20% to 55% off 20% to 55% off My Files and retail on cleaning item office supply Brand Identity accredited programming, & break room items. core list. Access available anytime online.

Renew online for 2020 and gain immediate 10% off branded; Average 10% off Free next-day access. 20% off private brand retail on 200 shipping on orders ink & toner core list. technology core items. of $50 or more.

www.mbabar.org/ FreeCLE Special pricing on copy and print services

$0.027 black and white copies $0.29 color copies 40% off finishing services

Plus, 5%-10% off virtually all products at Office Depot OfficeMax.

Get your Store Purchasing Card sent to your phone right now. Just text "MBABarCard” to 844-446-6358. To shop online, register at http://bit.ly/MBABar_OD

This Office Depot business savings program is administered by Excelerate America.

CLE Registration Form Seminar Selection: Please select the seminar(s) you wish to attend. Written materials for each class are included with registration. Pre-registration with nAME CARD nuMBER payment is required to reserve a space; at-the-door registrations are accepted if space is available. FIRM EXPIRATIOn DATE AnD SECuRITY CODE 12/5 New Judges’ Perspectives  Class Registration ($60 Members/$95 non) ...... $______ADDRESS SIgnATuRE  CD-ROM & Written Materials ($60 Members/$95 non) . .$______12/6 Oregon Ethics Rule 8.4(a)(7): Moving Oregon Beyond Professionalism and Inspiring Confidence in the Justice System CITY STATE ZIP BILLIng ADDRESS FOR CARD (if diff erent)  Class Registration ($80 Members/$125 non) ...... $______12/17 Top Five (Un)Ethical Reasons Lawyers Find Themselves PHOnE In Trouble  Class Registration ($60 Members/$95 non) ...... $______ CD-ROM & Written Materials ($60 Members/$95 non) . .$______OSB# 12/18 Mandatory Mental Health and Substance Abuse?  Class Registration ($30 Members/$50 non) ...... $______Member Status: Payment Options:  CD-ROM & Written Materials ($30 Members/$50 non) . .$______ MBA Member  Check  VISA  MasterCard 1/28 For Your Eyes and Ears Only: Handling and Protecting Attorney- Client Communications and Attorney Work Product in the Digital Age  non–Member  American Express  Class Registration ($60 Members/$95 non) ...... $______ CD-ROM & Written Materials ($60 Members/$95 non) . .$______Registration forms with payment must be received in the MBA office by 3 p.m. the day before the seminar. Registration forms may be mailed or faxed to the address or number below. Accommodations available for persons with disabilities; please call in advance for arrangements. Total due ...... $______

Photocopy registration and mail or fax with payment to: Multnomah Bar Association 620 SW Fift h Ave., Suite 1220  Portland, OR 97204 503.222.3275  Fax to: 503.243.1881

4 www.mbabar.org December 2019 Gene Mechanic Mediation & Arbitration Creativity and Tenacity to Resolve Legal Disputes

Setting the

“A history of legal success.” standard. -The Oregonian

Federal and State Court Civil Litigator for 40 years, including Complex Cases and Class Actions

“Gene has the ability as a mediator to get settlements in difficult cases. The parties uniformly praise his demeanor and insight.” -Kathy Scott, Coordinator of Oregon mediation Román D. Hernández programs with over 100 mediators. Managing Partner Portland Office

AV Peer Review Rating • Super Lawyers • Best Lawyers Certified Litigation Mediator, Pepperdine Law Institute for Dispute Resolution We congratulate Román for his receipt

mechanicadr.com (503) 943-2792 [email protected] of Oregon State Bar’s President’s Diversity & Inclusion Award. He has a career long record of advancing diversity and inclusion in the legal profession both locally and nationally.

troutman.com Troutman Sanders LLP

Doralisa, can you use the clock and mba logo images with the following text to do something like this? Thanks!-Ryan

An OLAF grant or loan allows a lawyer who is su ering with treatable mental health or addiction issues get his or her life back. Renew your MBA membership for 2020 by December 31 to receive a FREE $60 credit When you help another lawyer, toward MBA CLE programming. you help the profession and the public we serve. Attend a class in person, watch a video Give now. webcast online, or listen to a seminar on your computer or smartphone.

Terms and conditions apply – see www.mbabar.org for details.

www.oaap.org | 503-684-7425

5 Multnomah Lawyer

in 1986, read: “In connection with P2d 1285 (1983), and Hagen v. Ethics Focus the settlement of a controversy or O’Connell, Goyak & Ball, P.C., 68 mba announcements suit, a lawyer shall not enter into Or App 700, 683 P2d 563 (1984), an agreement that restricts the the Court of Appeals concluded Action Required: NextGen Coming to the District of Oregon lawyer’s right to practice law.” A that analogous non-compete On January 21, the US District Court for the District of Oregon One at a Time: 1991 OSB ethics opinion - 1991- provisions in law firm partnership will go live on CM/ECF NextGen. Attorneys will not be able Restrictions 47 - clarified that the prohibition or shareholder agreements were to login and e-file with their current CM/ECF usernames and extended to both making and unenforceable because they were passwords after that date. To e-file withN extGen, attorneys on Future offering a restriction. A plaintiffs’ against public policy. should upgrade their PACER accounts now (if established before lawyer in In re Vanagas, 8 DB Rptr 2014 and not yet upgraded). Once NextGen is live, attorneys will Representation 185 (Or 1994), was subsequently “Creative” Variants link their PACER and NextGen accounts. Only a single sign-on disciplined under DR 2-108(B) for A seminal ABA opinion on will be required for both systems after the accounts are linked. in Settlement offering to forego handling future this subject - Formal Opinion Please see ord.uscourts.gov for more details. Agreements employment claims against a 93-371 - highlighted the company in return for a proposed economic forces underlying Conference Room Available to MBA Members by Mark J. Fucile payment of $25,000. “creative” variants to the outright Conveniently located downtown, the MBA conference room Fucile & Reising LLP In In re Brandt/Griffin, 331 prohibition in ABA Model Rule is available for reservation by members for client meetings, Or 113, 10 P3d 906 (2000), two 5.6(b) and its state equivalents: depositions and other practice-related uses. Contact the MBA for plaintiffs’ lawyers handling a “The pressure to find creative details and availability at 503.222.3275 or [email protected]. series of business tort cases solutions to mass tort litigation against a franchisor reluctantly has prompted an inquiry Free CLE Webcast for MBA Members agreed as a part of a “global” regarding the propriety of a The video webcast of the seminar “Copyright and the Internet” settlement to advise the lawyer entering into a settlement is now available in the Members Center at www.mbabar.org. franchisor going forward on its agreement with an opposing The seminar was accredited for two hours of practice skills OSB business practices that had led party pursuant to which the MCLE credit. to the lawsuits. The restriction, lawyer may be obligated to 2019 MBA members receive access to a rotating selection of therefore, was indirect in the refuse to represent certain six different CLE seminars - a $360 value. sense that the conflict rules present clients as well as other would preclude the lawyers from similarly situated individuals Statement of Diversity Principles Available to Sign handling a matter against the against the same defendant in The MBA Equity, Diversity & Inclusion Committee invites you the future.” ABA Formal Opinion to sign the Statement of Diversity Principles. Read and sign the ...the economic 93-371 examined a settlement diversity statement and pledge at www.mbabar.org/diversity. In a variety of practice areas, it is pressure to settle cases common for the same lawyer or arrangement where a law firm sometimes leads to would be obliged to refuse Noontime Rides firm to handle repeated claims to represent claimants who Short fast rides with hills. Meet at SW corner of Pioneer against the same defendant. “creative” variants opted out of a global resolution Courthouse Square (Yamhill & Broadway) between noon Employment, product liability and counterparts... formula. The opinion concluded and 12:10 p.m., Monday and Thursday. Contact: Ray Thomas business tort claims provide ready franchisor as long as they were that this variant would also 503.228.5222 with questions, or meet at start. examples. If a lawyer or firm is particularly effective, the defendant representing it. The Oregon violate ABA Model Rule 5.6(b). may be tempted to say to the Supreme Court concluded that The ABA returned to lawyer: “We’re tired of seeing you this indirect restriction also “creative” variants in Formal - how about including a provision violated DR 2-108(B). Opinion 00-417. This opinion in our settlement agreement When Oregon moved was predicated on a hypothetical prohibiting you from handling to the Rules of Professional in which a plaintiffs’ lawyer cases against us going forward?” Conduct in 2005, DR 2-108(B) agreed not to use information Pro Bono Volunteers RPC 5.6(b) generally was replaced by RPC 5.6(b). gathered in a present case for the prohibits both offering or Although patterned generally on benefit of future clients involved accepting such a proposal. At its ABA Model Rule counterpart, in similar litigation against the Thank you to the following Sam Justice the same time, the economic the Oregon rule includes an “The pressure to find important nuance. Reflecting lawyers who recently donated Garry Kahn pressure to settle cases creative solutions to their pro bono services at the James Keddis the Supreme Court’s Brandt/ sometimes leads to “creative” mass tort litigation has Volunteer Lawyers Project at Eric Kekel variants that are not as clear. In Griffin decision, the Oregon Legal Aid Services of Oregon. Elizabeth Knight this column, we’ll first look at the rule was expressly expanded to prompted an inquiry Visit www.mbabar.org/probono John Koch history of Oregon RPC 5.6(b) include both “direct or indirect” regarding the propriety to discover pro bono opportunities Jonathan Kuni - which varies from its ABA restrictions. Consistent with the of a lawyer...” in Multnomah County. William Kwitman Model Rule counterpart in a key corresponding ABA Model Rule, Elizabeth Lemoine respect. Next, we’ll survey some Oregon RPC 5.6(b) also expressly same defendant. Again, the ABA Alexzander Adams Jonathan Liou “creative” variants that have also prohibits both the “offering or concluded that this would violate Clarke Balcom Riley Makin been found to violate the rule. making” of such restrictions. ABA Model Rule 5.6(b) because it Jonathan Bennett Gus Martinez The related ethics opinion - would interfere with the lawyer’s Daniel Bonham Trisha Mayhew Oregon RPC 5.6(b) 2005-47 - was updated to reflect ability to represent future clients. J. Rion Bourgeois Hon. Peter McKittrick Oregon’s rule is simple on its face: the amended formulation. The Formal Opinion 00-417 was Carson Bowler Jane Moisan “A lawyer shall not participate comments to the ABA Model careful to note that its conclusion Sara Butcher Thomas Noble in offering or making: Rule explain that such restrictions did not preclude lawyers from Brett Carson Susan Rossiter . . . are prohibited because they both entering into confidentiality Dallas DeLuca Lauren Russell limit the professional autonomy agreements - as long as they were (b) an agreement in Laura Donaldson Ian Simpson of the lawyer and the freedom of limited to the case at hand and which a direct or indirect Jeannine Ferguson Richard Slottee clients to choose their lawyer. did not prevent the lawyer from restriction on the lawyer’s Jon Fritzler Joshua Stadtler In sum, lawyers on both using the information developed right to practice is part of Anne Furniss Brian Talcott sides of the negotiating table in one case in future litigation for the settlement of a client Stephen Gindling Evans Van Buren are at disciplinary risk under other clients. controversy.” Susan Glen Gail Vore RPC 5.6(b) if they venture into These ABA opinions John Haub Lee Wyatt settlement discussions that underscore that lawyers should RPC 5.6(b) traces its lineage back Dona Hippert Whitney Yazzolino would restrict the practice of remain wary of “creativity” in to 1970 when Oregon adopted Emilie Junge one of the lawyers in the future. this area. the former Code of Professional Moreover, the provisions may be Responsibility including DR unenforceable as well. In Gray 2-108(B) that, with a slight change v. Martin, 63 Or App 173, 663

6 www.mbabar.org December 2019

MEET OUR Richard G. Spier NEWEST ASSOCIATE, MEDIATOR HANSARY LAFOREST.

Hansary is a trial attorney and focuses on civil, criminal, and commercial litigation matters. His courtroom experience includes representing clients on both the state and federal level.

[email protected] 503.243.1650

Highly experienced — full-time neutral since 1992 n Business & commercial; personal injury; professional liability; employment; estates & trusts; real estate & construction PORTLAND l sussmanshank.com l 503.227.1111 n Listed in Best Lawyers in America and in Super Lawyers 503-284-2511 Both fishing and mediation take Cell 971-219-4980 careful planning, patience, [email protected] n www.spier-mediate.com experience and a refusal to give up.

Get your feet wet and use Rudy Lachenmeier as your mediator. ARBITRATION MEDIATION Fishing since 1956, mediating & since 2012. Douglas G. Beckman 503-287-7977 RUDY LACHENMEIER [email protected] P.O. Box 13365, Portland, OR 97213 503-207-6932 Fax: 503-210-7688 [email protected]

THE PREFERRED BANK OF THE MULTNOMAH BAR ASSOCIATION.

Dedicated to the Oregon law community. At Columbia Bank, we’ve been strengthening our relationship with Oregon law for more than 25 years. Whether serving as preferred bank to the MBA, participating as active members in a number of Oregon law associations or simply understanding the unique needs of the law community, we’re committed to helping you and your firm succeed. Visit ColumbiaBank.com or call 877-272-3678.

Member FDIC Equal Housing Lender

7 Multnomah Lawyer

Around the Bar

Hansary Laforest Simon Whang Elizabeth Bailey

spectrum of both corporate and prominence and distinction judicial extern to the Hon. Jolie individual litigants in contested in their respective fields, A. Russo (US District Court of matters in court, arbitration, and while demonstrating a strong Oregon). She also served as a law Mick Harris Lauren Lewis administrative settings. commitment to the Asian Pacific clerk for a law firm in Springfield Laforest is admitted to American community at relatively and as a foreclosure law clerk with practice law in Oregon, Texas, early stages in their careers. the Northwest Justice Project. New York, and New Jersey. Simon Whang has joined Richardson Wright law offices as Of Counsel. He brings Shenker & Bonaparte LLP two decades of experience in The Law Office of Arden E. litigation, contracts enforcement, Shenker has returned to the World appellate, collections, mortgage Trade Center, Suite 1100, where it and foreclosure, financial will continue to focus on complex crimes, consumer protection civil litigation. The telephone and government relations, from and email listings (503.294.1118, his work at the Manhattan and [email protected]) Multnomah County DA’s Offices, remain the same. Timothy Wright Josh Sherman Oregon Department of Justice, and Portland City Attorney’s Tonkon Torp LLP Association. In addition, Lewis Office. Whang is an adjunct Tonkon Torp welcomes associate worked as a law clerk for Ruthie professor of mock trial/moot court The Around the Bar column Mick Harris to the firm’s City of Anchorage, Alaska. at Lewis & Clark Law School. reports on MBA members’ moves, transitions, promotions business department, where he Josh Sherman joins Hart Jovita Wang will focus on business law. Wagner LLP as an associate. and other honors within the profession. The submission Harris graduated cum laude Sherman’s practice will focus on Richardson Wright Stoll Berne deadline is the 10th of the from Willamette University employment litigation, medical Partner Jovita Wang has been Elizabeth Bailey has joined month preceding publication or College of Law in 2019. Harris malpractice, and general liability recognized as one of this year’s the law office of Stoll Berne as the prior Friday if that date falls gained legal experience working matters. He earned his law Best Lawyers Under 40 (BU40) an associate attorney. Bailey’s on a weekend. All submissions as a summer associate at Tonkon degree at Lewis & Clark Law by the National Asian Pacific practice will focus on complex are edited to fit column format Torp and as a judicial extern for School, graduating cum laude. American Bar Association litigation matters. and the information is used on the Hon. Robyn R. Aoyagi at the He worked as a certified law (NAPABA). The UB 40 Award Prior to joining Stoll Berne, a space-available basis in the Oregon Court of Appeals. clerk for the US Attorney’s Office recognizes talented individuals in Bailey served as a law clerk for order in which it was received. Timothy Wright has joined for the District of Oregon. the Asian Pacific American legal the Hon. David W. Christel (US Submissions may be emailed to Tonkon Torp as an associate in community who are under the District Court, Western District [email protected]. the firm’s litigation department. age of 40 and who have achieved of Washington) as well as a His practice will focus on resolving commercial disputes. Prior to joining Tonkon Torp, Wright served as a judicial law clerk for the Hon. Erika L. Hadlock, former Chief Judge at the Oregon Court of Appeals. During the two-year clerkship, he worked on a number of civil, administrative, and criminal appeals, dealing with issues as varied as free speech, home rule, and discrimination. Eric Mills Wright graduated from University of Oregon School of Miller Nash Graham & Dunn Law in 2017. During law school, Eric Mills has joined the he served as a judicial extern with firm. Mills will continue to the Hon. Michael J. McShane focus his practice on business at the US District Court for litigation matters, including the District of Oregon. Wright contract, corporate governance also worked as a law clerk for and securities disputes, and the Oregon DOJ in the Civil supporting clients in the Litigation Section of ODOJ’s Trial financial services, technology, Division. Prior to law school, retail, real estate and other Wright served in the US Army as industries. Before joining Miller a Tactical Unmanned Air Systems Nash Graham & Dunn, Mills Repairer for three years. practiced in the Washington, DC office of a global law firm.

Hart Wagner LLP Lauren Lewis joins the firm as Sussman Shank LLP an associate. Lewis’ practice will Sussman Shank is pleased to involve the defense of long-term welcome Hansary Laforest as an care facilities, medical malpractice associate to the firm’s litigation and general liability matters. She department. graduated from the University of Laforest is a trial attorney Oregon School of Law. She also and focuses his practice on learned the ropes of litigation civil, commercial, and criminal while working as an extern for litigation matters. He brings the Hon. Magistrate Judge John over eight years of courtroom V. Acosta of the US District experience to the firm, including Court for the District of Oregon jurisdictions from multiple states and in her work as a law clerk on both state and federal levels. with the Oregon School Boards Laforest has represented a broad

8 www.mbabar.org December 2019 Another Successful Absolutely Social Two hundred lawyers, judges, sponsors and law students gathered at the University Club on October 15 for the fall Absolutely Social - TheG rape Escape. The event featured wine tastings selected by Matt Levin and Albert Menashe. Cash and canned food were collected for the Oregon Food Bank. Thanks to all those who contributed!

Thank you to our generous sponsors Barran Liebman LLP Beovich Walter & Friend Buchanan Angeli Altschul & Sullivan LLP Chernoff Vilhauer, LLP Elizabeth Christy Law Firm Farleigh Wada Witt Gearing Rackner & McGrath LLP Gevurtz Menashe Harrang Long Gary Rudnick PC Hodgkinson Street Mepham LLC Holland & Knight LLP Northwest Bank Richardson Wright, LLP Schwabe Williamson & Wyatt PC Sift Discovery Sussman Shank LLP Vangelisti Mediation Yates Family Law, PC

Bench Bar & Bagels On November 13, members of the MBA and judiciary gathered at Tonkon Torp LLP for the 11th annual Bench Bar & Bagels event. Baldwin Dispute Resolution In a relaxed atmosphere, attorneys and judges started their day by catching up with colleagues and Mediations & Arbitrations making new acquaintances over pastries and coffee. Richard C. “Dick” Baldwin Bench Bar & Bagels was Former Supreme Court Justice, generously sponsored and hosted Trial Judge & Trial Attorney by Tonkon Torp. All disputes, including: • Personal Injury and Wrongful Death • Commercial Litigation • UM/UIM Neutral Judge Thomas Ryan, Bob Koch and Judge Nan Waller • Arbitration Services of Portland (Panelist) • American Arbitration Association (Employment Law Panelist)

503-545-0304 [email protected]

Trial prep pulling you in too many directions?

Julia Hagan and Judge Kathleen Put an appellate lawyer on your team. Dailey Tony Kullen, Caroline Harris Crowne and Judge Steffan Alexander

Wendy Margolis Julie Smith PARTNER PARTNER

900 SW FIFTH AVENUE I 24TH FLOOR I PORTLAND, OR 97204 503-323-9000 I WWW.COSGRAVELAW.COM

Janice Morgan, Anna Sortun, David Bean and Jan Neuman 9 Multnomah Lawyer

Tips From the Bench News From the Courthouse In Order to Win, Find Out What’s Wrong with Your Case by Judge Katharine von Ter Stegge Multnomah County Circuit Court mediation statements, and in ultimately picking exhibits and witnesses for trial. Next, you need to talk to people about your case. A lot. Talk to people who are like you and do the kind of work you do, but also people who are different than you and who do different types of work. The best trial lawyers I know, the dog-with-a-bone trial lawyers, will not shut up about their cases and are always asking if they can One of the true pleasures and “just run a few facts” by you on the by Ben O’Glasser longstanding practice described Both Chief Justice Walters privileges of being a judge, phone or over coffee. These lawyers Court Liaison Committee in the attorney reference manual and Chief Justice Balmer especially one curious about people and adds a time limitation. After before her have unsuccessfully are trying to troubleshoot their Presiding Judge’s Report and litigation strategy, is the ability cases by getting opinions from as the new rule goes into effect, sought assurance from the to get inside someone’s case during many people as possible, and they and Courthouse Update the court may deny untimely United States Attorney General a settlement conference and poke are smart to do it. Buying your Judicial Appointments and requests for reassignment. that ICE would not conduct and prod it before it settles or heads friends coffee so you can talk about Transitions SLR Chapters 8 and 9 have warrantless civil arrests at to trial. In my experience, there are your case is a lot cheaper and faster Long time Hearings Referee and been substantially rewritten to Oregon’s state courthouses. The two distinct approaches lawyers than paying for a formal trial focus Pro Tem Judge Steven Todd is streamline and improve domestic UTCR Committee ultimately take in a settlement conference: the group, something many clients retiring at the end of the year. relations and probate procedures. recommended a modified first is taken by the “reasonable” can’t afford. Obviously, you need Judge Todd, a referee since 1997, A committee of judges and staff proposal that would apply to the lawyers who admit weaknesses in to make sure you are not revealing presides over many high-volume drafted these changes over the court and its “environs” as defined a case, while the second is taken by client confidences, and only talking courtrooms and has been an past year. in the proposal. Chief Justice lawyers who stridently oppose any to people you trust. Talk to lawyers, invaluable resource in training Pursuant to SLR 7.045(1), Walters will determine whether to small criticism of their client, their and talk to non-lawyers too, judges and referees through the when an attorney affidavits a adopt that proposal as a Uniform client’s evidence, or the merest because of course that’s what you’ll years. The court is extremely judge they must serve a copy Trial Court Rule or a Chief Justice suggestion that trial could result in be doing in an actual trial. appreciative of Judge Todd’s of the affidavit and supporting Order. TheU TCR Committee an unfavorable outcome. Talking to smart, opinionated years of service. materials on the judge prior to did not adopt the portions of the I’m not here to tell you which people who don’t have an interest Family law Judges Morgan appearing at ex parte. Attorneys proposal that would have: (a) approach is likely to be more in your case is the best way to Wren Long and F.G. “Jamie” Troy are encouraged to contact extended to persons coming or effective; frustratingly, I truly think combat a dangerous phenomenon II were sworn in on October the presiding court clerks for going to court (deemed to be a the answer depends on the facts that goes by many names: 28 to fill the positions vacated procedural assistance if they legislative issue); or (b) specified and client dynamics of a particular confirmation bias, tunnel vision, by the retirements of Judges anticipate filing an affidavit vis-à- an enforcement mechanism case, including the personality of an echo chamber, having your McKnight and Tennyson. vis an assigned pro tem judge. (deemed to be worthy of further the judge or mediator. My purpose head buried in the sand, etc. If you The elevation of Judge Long Default judgment paperwork study by a workgroup). in writing this article is to provide personally are a different race, age, from a referee position created should not be presented at ex some tips on how to evaluate gender or otherwise share little in a Juvenile Court referee vacancy; parte, but instead should be Courthouse Update your case so that, in the event you common with the star witness for that position and Judge Todd’s electronically filed. SLR 2.501 Courthouse construction is in its attempt to “bluff” the judge or the opposition, talk to some folks position have been posted for lists the only matters appropriate final stage. The designs for the new mediator about the strength of who might have more in common applicants. for presentation at ex parte. courthouse were developed four- your case, you have a pretty good with that witness than you to plus years ago based on studies idea of what might actually be make sure that your view of the Legislative Breakfast Proposed UTCR on of desired features that were wrong with your case well before facts (including your case theme Judge Bushong thanked the Warrantless Civil Arrests conducted when the courthouse the jury returns a verdict. and intended cross-examination MBA for hosting the upcoming On October 18, the UTCR was being planned, and there have Sometimes I worry that strategy) isn’t likely to backfire Legislative Breakfast. The themes Committee considered a been many changes to business overconfident lawyers aren’t or cause offense. Ideally, lawyers of the event will be: (a) the proposal and supporting legal processes, laws, Uniform Trial bluffing, they just haven’t who work together should be a court’s appreciation for legislative memorandum regarding Court Rules, and technology considered that reasonable diverse enough group that this funding of the new courthouse warrantless civil arrests in since the designs were finalized. people might view the same facts feedback is available internally, but and improved funding for the and around courthouses. The The court intends to share more differently. So, how do you figure unfortunately that is not always Oregon judicial branch; and (b) proposal would recognize the information about the improved that out so you can be well prepared the case. the court’s desire to be a resource common law privilege to be functionality the building will for any settlement conference or To make workshopping your for the legislature. The court wants free from such arrests. Multiple offer as well as revisit needs and trial, while giving your client sound case most effective, tell the story of to ensure that legislators have other jurisdictions have taken determine how to best meet them. legal advice every step of the way? your case first from your opponent’s access to information about the similar actions, including The court will be offeringN “ ew First, start a list of “good” facts point of view...then from your court’s work and contacts at the Washington (court policy); Courthouse at Noon” open house and “bad” facts for your case. I put client’s point of view. Ideally, you court whose work relates to public California (legislation); New sessions to educate attorneys those words in quotes because of should do a mini-opening with policy issues under consideration York (court policy); New Jersey on different aspects of the course your job as a trial lawyer is other side’s best version of events. by the legislature. Some legislators (court policy); and the District building, and is also conducting to convince your opposing counsel That way, your audience will have have visited the court recently and of Massachusetts (injunction). listening sessions with law firms’ and your mediator that the bad your bad facts first. If you aren’t more are scheduled to visit in the Many lawyers, including technical staff regarding the new facts are, at worst, just neutral giving your “best” case first, you near future. Multnomah County District courthouse’s audio-visual systems. and not the devastating facts your will likely get more useful feedback Attorney Rod Underhill, signed a In early November, the court opponent claims them to be. The about the strengths and weaknesses Multnomah County Court letter supporting the proposal. held two lunch and learn panel relative length of each list will not of your case. If you’re the defense, Rules Update and Reminders Proponents of the rule cite presentations on improving tell you whether or not you will you know that’s how it goes down The UTCR Committee has concerns about access to the access to justice for those with win (because, for example, your every time at trial anyway. tentatively approved new court system. There is a concern hidden disabilities. The sessions star witness having an impeachable Giving your case some air Supplemental Local Rules for that Immigration and Customs featured attorneys John Robb perjury conviction could make will provide you with useful Multnomah County that will go Enforcement (ICE) actions at and Rima Ghandour; Emily the long length of the “good” list feedback, allow you to do a better into effect on February 1. state courthouses are creating Cooper from Disability Rights very short in practice). It will, job countering your opponent’s SLR 5.016 provides that after a chilling effect on individuals’ Oregon; and speech pathologist however, usually give you some approach, and will also make you filing a Motion for Summary willingness to come to court Glenn Weybright. This is a idea about how good your case is. more fluent with the evidence in Judgment and receiving notice for their own matters or as continuation of the court’s Maintaining these lists will also your own case. Knowing your that it has been assigned to a pro witnesses. Plainclothed ICE educational series, intended to prompt you as to what additional evidence, and its weaknesses, is tem judge, attorneys will have officers have made arrests and at improve understanding about follow-up work you need to do your best asset in a settlement five days to seek reassignment to least one recent incident involved members of the community. to prove or disprove the key facts conference and at trial. And a sitting judge. This codifies the the use of mace. at trial. The lists will also come that’s whether or not you decide in handy in realistically advising to acknowledge your case’s your client about settlement or problematic aspects or confidently chances for success at trial, drafting try to bluff your way past them. 10 www.mbabar.org December 2019 The Honorable Heidi Moawad Multnomah County Circuit The MBA Solo & Small Firm Committee Presents Court Judge Everyone’s Busy, Being Productive Former Gubernatorial Advisor and Prosecutor is a Choice: Driving Results in 2020 Appointed to Circuit Court Bench Tuesday, January 14 by Ben O’Glasser Workshop: 12-1:30 p.m. Court Liaison Committee Hotel Monaco Multnomah County Circuit 506 SW Washington St., Portland Court Judge Heidi Moawad took the bench in April 2019. Do you and people on your team sometimes find yourselves scrambling, trying to get it all done? With her appointment, Judge Meeting deadlines, keeping promises, dealing with issues and problems - getting the job done can be Moawad returned to the same stressful and overwhelming sometimes. courthouse where she worked for the first decade-plus of her Come to this interactive workshop led by Caryn Condon, President of Catalyst Consulting Group, career as a Multnomah County Inc. and learn some sound, practical and immediately implementable tips to make your life easier prosecutor. However, to describe and have your practice run more smoothly, with less effort. Catalyst is a consulting firm that Judge Moawad simply as a supports clients and firms with their most important results and initiatives - focused on sales, prosecutor-turned judge would profitability, productivity and effectiveness. Caryn’s clients are people who mean business about their vastly understate the diversity businesses. People committed to producing results beyond the status quo. and richness of experience that Judge Heidi Moawad she brings to the bench. Caryn’s promise is that you’ll leave this workshop pleased that you attended! You’ll receive practical Midway through her tenure A veteran of dozens of jury advice that increases your personal effectiveness with: as a prosecutor, Judge Moawad trials, Judge Moawad has a had the opportunity to work as comprehensive understanding • Using time well legislative counsel for the 2005 sense of what it takes to come into • Delegation of projects and tasks - that you can count on legislative session. After this court as an advocate. However, she • initial glimpse into politics and remarked that her current role has Dealing with problems efficiently policymaking, Judge Moawad given her newfound appreciation returned to her former role and for the work that goes into quickly Cost: $30 members/$60 non-members. went on to handle nearly every making decisions in a way that will Lunch is provided. type of criminal case, including keep a trial running efficiently. As The MBA will apply for one hour of MCLE credit. the prosecution of significant she builds her judicial experience, child sex abuse cases. Judge Judge Moawad considers herself Register at www.mbabar.org. Moawad was asked in 2013 if she extremely lucky to have inherited had any interest in returning to Judge Wittmayer’s excellent staff, Salem with the governor’s office. Sonja Lockhart and Joe Keenan, Despite initial reluctance to leave who she describes as a “dream her senior role in Multnomah t e am .” County, Judge Moawad Judge Moawad is a Stage III ultimately chose to return to breast cancer survivor, a challenge The Corner Office prof essionalism Salem as a member of Governor that gives her unparalleled Kitzhaber’s staff. knowledge about what it takes to From 2013 until her appear in court as an advocate How Do You Implement Professionalism in appointment to the bench, in the face of adversity. Senior Judge Moawad served as the Judge Jean Kerr Maurer, who Your Practice? Governor’s Public Safety Policy administered Judge Moawad’s oath As Oregon lawyers, we often an opposing counsel’s error to advance the client’s interests. I Advisor, providing continuity of office, was always impressed talk about how we aspire to a advance my client’s interests. An think we came to an appropriate in the role when Governor by Judge Moawad’s skills as a trial professional standard of conduct opposing counsel in a complicated conclusion, but I am the first to Brown assumed office. At her lawyer, her organizational ability, that goes beyond merely multi-party case misstated the admit it was not easy to develop a investiture, her former colleagues and her work ethic. Even more, complying with the ethical relevant law and pertinent facts response. spoke about her tenacious though, she still marvels at Judge rules. This principle is recorded of the case in an informal email So next time you face a difficult drive to protect the public and Moawad’s tenacity in coming in the MBA Commitment to directly to me in a manner issue that even indirectly evokes to pursue justice. At the state’s to the courthouse, bald from Professionalism and in the OSB that was insulting to both my concepts of professionalism, trust highest levels, Judge Moawad chemotherapy, ready to “roll.” Statement of Professionalism. I client and myself. I considered your instincts and take a moment, worked on criminal justice In March, Judge Moawad will still recall how it was described whether to forward that attorney’s talk it over with a colleague, and initiatives, including sentencing celebrate eight years since her last to me by established lawyers unprofessional email to all the read over your Commitment to reforms, designed to balance chemotherapy treatment. and judges in my first week at attorneys working on the case Professionalism. While the path to public safety with the fiscal Active in civic life, Judge an Oregon law school: “law and correct his error publicly as professionalism is often obscure, burden that would be triggered Moawad has previously served practice is different here in it tended to put my client in a I have always found that the best by the creation of additional on multiple bar committees, and Oregon” and “as professionals, better light. After immediately results occur when I can find prison beds. These experiences the boards of Mentor Minds Oregon lawyers must strive for drafting an email in anger (which the balance that achieves both have given Judge Moawad a Matter and Camp Rosenbaum. justice and fairness.” is perhaps a red flag in and of professionalism and advocacy. holistic understanding of and She currently serves on the board But how does that translate itself), I decided I should let it sit appreciation for the challenges of Lincoln Youth Football. into a lawyer’s practice day to day? in my drafts overnight so I could The Corner Office is a recurring and opportunities presented in Looking back, Judge Moawad How do you reconcile principles talk it over more thoroughly with feature of the Multnomah Lawyer criminal cases. says her work waiting tables of justice and fairness with your my client. Ultimately, we chose to and is intended to promote the While in Salem, Judge Moawad between her time at Whittier duty to zealously represent your paraphrase the lawyer’s email in discussion of professionalism also broadened her experience College and beginning to attend client? What difference will it a more neutral way and correct taking place among lawyers in with public safety agencies and law school at University of Oregon make to the larger community if the record to advance my client’s our community and elsewhere. unexpectedly spent much of her Law informs her in her current role you act in a professional manner? interests without shaming the While The Corner Office cannot time in that role marshalling the presiding over cases. She remarked Can concepts of professionalism lawyer publicly as it may cause that promise to answer every question state’s responses and issuance of that both are customer service roles, be weaponized against non- lawyer to prolong the dispute. submitted, its intent is to respond “conflagration declarations” in six and a judge’s goal is to ensure that dominant cultures that reinforce This brought up two concepts to questions that raise interesting consecutive summers of significant lawyers and litigants who leave a oppressive systems or stereotypes? from the MBA Statement of professionalism concerns and wildfires. Judge Moawad courtroom feel that they have been I raise these questions not because Professionalism, among others. issues. Please send your questions managed the governor’s office’s heard and listened to. I have the answers, but because First, we strive to “treat all to [email protected] and indicate response to emergency incidents, Judge Moawad is excited for being a professional often means persons with courtesy, fairness that you would like The Corner including the mass shooting at the opening of the new courthouse struggling with these and other and respect” and second, that Office to answer your question. Umpqua Community College, and to see how the new space important questions. And if you “we will represent our clients’ Questions may be submitted and the Malheur Wildlife Refuge will allow the court to achieve do not find professional or ethical best interests while seeking to anonymously. occupation. This hard work under better efficiency and results, predicaments frequently in your resolve matters with a minimum extreme circumstances exposed particularly in high-volume practice, maybe you should look of legal expense to all involved.” her to the variety of social, courts. Additionally, she hopes to more closely. In my case, we developed a political, and economic challenges play a role in improving how the Recently, I faced a personal path forward that we felt was that are confronted by Oregonians court system works with other decision related to professionalism. respectful and would not prolong across the state. system partners to provide the best I had to decide whether to exploit litigation, and would adequately outcomes to our community.

11 Multnomah Lawyer Ian Baldwin YLS Member Spotlight

by Jamison McCune YLS Board What is the YLS? Ian Baldwin is a senior associate When deciding where to An inclusive section of the bar, comprised of any MBA at Wood Smith Henning go to law school, public service member in practice less than six years or under the & Berman and is a valued was, once again, an important age of 36. The YLS provides leadership, networking, member of the YLS Pro Bono factor for Ian. He chose to attend Committee. For those who know law school at George Mason professional development and service opportunities. Ian, his commitment to public University in Virginia because of And we have fun! service through the Pro Bono its close proximity to Washington, Ian Baldwin Committee is not surprising given DC. While in law school, he his background working with worked as a public defender in a civil litigation. This led him to underprivileged populations. juvenile detention center where a position with a civil defense Ian is a native of Eugene, he represented clients accused firm in Portland, and then to Ask the Expert Oregon. After graduating from of crimes within the facility. Wood Smith Henning & Berman the University of Oregon in 2010 He eventually transitioned into where he maintains an active with a political science degree, helping defend adult felony cases. construction, personal injury, and Dear Expert, Undoubtedly, it is doing good he spent a year volunteering with During his third year, Ian returned business litigation practice. Right after I passed the Bar I got work, but if it isn’t the work you feel AmeriCorps, a national service home to Eugene and studied as a Even with a busy practice, involved with a lot of organizations passionately about, you aren’t going organization with the goal of visiting student at the University of Ian continues to give back. This so I could expand my network to be motivated to participate fully, addressing critical community Oregon School of Law, where he year, he is leading the Pro Bono and gain relevant experience. Now and that won’t be beneficial to you needs and fostering civic volunteered with the Lane County Committee’s Wills for Heroes that my practice is growing, I am or to the organization. engagement. With AmeriCorps, Legal Aid & Advocacy Center program. The program provides having a hard time keeping up Finally, consider which Ian worked as a career counselor defending low-income clients in essential legal documents such as with all my commitments, and I’m commitments you actually enjoy and tutor for underserved students landlord tenant disputes and debt wills and advance directives for feeling overwhelmed. I don’t want the most. Maybe you joined a at a high school in the Seattle area. collection actions. first responders through a series to let anyone down, but I’m having trial lawyers group and ended Many of his students were recent After graduating from of free legal clinics. The committee a really hard time giving my all. up practicing transactional law, immigrants to the United States, law school, Ian clerked for will be hosting three of these but darned if those trial lawyers Sincerely, who spoke very little English. Ian Multnomah County Circuit clinics this year. Ian also runs his haven’t become your best friends Overcommitted with dove into the program, assisting Court Judge Kathleen Dailey. He firm’s annual food drive for low- in the meantime. You don’t want Extracurriculars students with everything from was drawn to the position because income families. to lose those connections, or the writing a resume to learning of its opportunity to work with Although Ian focuses on opportunity to do something you Dear Overcommitted, literature and calculus. Today, he public defenders and observe serving others, his contributions enjoy in a professional context. When you are just starting out in describes his experience working criminal trials firsthand. While to the YLS and the community Once you have narrowed down your legal career it can be tempting with his students as “challenging,” clerking, however, Ian discovered are hard to overlook. your list to obligations you enjoy to join every organization, and “eye opening,” but most a strong interest in complex the most, are the most relevant committee, or even board that importantly, “rewarding.” comes your way. These are all to you, and will benefit you the important ways to build your legal most, you still might have to make network, figure out which areas of some hard decisions to cut your law interest you the most, and give list down to a reasonable size. back to your community. Often, Consider your specific obligations each individual commitment in each of the groups. Is there a YLS Toy Drive to Benefit CourtCare seems small enough that it won’t way to cut back so you can stay get in the way of the rest of your involved but without as much on Now Through December 17 life, but when you add them responsibility? If you planned five CLEs this year, maybe next year all together they can become Please Join the YLS this Holiday Season in Donating Toys to CourtCare! overwhelming. Remember, you you can commit to only doing two. can only be a good attorney and For the specialty bar you joined, © a good colleague if you have the maybe you decide you can help Multnomah CourtCare is a project of the Multnomah Bar Foundation that mental energy to devote to your plan the dinner next year, but not improves access to justice by making free, drop-in childcare available for work and your obligations, and if the conference. Now comes the hard part: families who have business at the court. The program is located in the you are taking the time to care for downtown Central Courthouse. yourself as well. It is possible to following through on the decisions gracefully and professionally end you made. Saying no to future some of your obligations, but first obligations might be a little easier Our Amazon wishlist helps you easily order and send the items CourtCare you need to figure out which ones (for some of us) than getting out really needs. Participating in a toy drive has never been easier! to keep. of current ones. Either way, the best thing to do is be honest about Now that you have a job and Visit www.amzn.to/36RlNSa or scan the QR code to start shopping! Prefer a legal field to focus on, consider it. Sit down with the chair of the which organizations are relevant committee you need to resign to donate monetarily? Visit www.mbabar.org/courtcare. to your professional development. from, or the other members of Maybe you were considering jobs the small nonprofit board you in employment law and in family joined, and be direct about what law, so you joined networking is going on. It’s okay to tell them groups related to both. Now that that you have taken on too many you have settled on family law as commitments and you can no your practice area, is a group of longer be an effective member employment lawyers the best place of the group. In most cases, they for you to spend your limited time will understand, support you, and energy? Probably not, unless and appreciate your honesty. you are thinking about switching Give them a heads up and detach gears in the near future. gracefully. If you promised you You also want to think about would secure a venue for next your passions and where you month’s happy hour, do that, but It’s okay to say no, and it’s even strengthen some of those want to make a difference. If make it the last thing you do. okay to quit some things. It is connections in the process. Most working toward better mental This is the perfect opportunity to also possible to do it in a way importantly, remember that you health awareness in the legal practice the “no, but…” skills you that maintains the connections can only benefit an organization if community energizes you, stay will need to maintain your sanity you have made and the good you actually have energy to bring on the quality of life committee going forward. You don’t have the will you have built. Being honest to your commitments. Focus on you joined, but consider dropping capacity to serve on the board, but about how overwhelmed you feel a few projects that ignite your the CLE planning committee. If you would love to volunteer at their sounds scary, but it’s probably passion, and you will be able to you have joined the board of an next clinic. You can’t stay on the the best thing you can do. Most benefit the organization, and organization, think about how planning committee, but your firm people appreciate it when you yourself, that much more. important that organization’s can sponsor the next event. open up to them, and you might mission really is to you.

12 www.mbabar.org December 2019 Imprint Program Seeks Volunteers mba EVENT MBA Visits the Portland Children’s Museum by Wilson Jarrell YLS Service to the Public Committee Saturday, February 29 Portland Children’s Museum chance to meet at an informal 4015 SW Canyon Road, Portland gathering celebrating the project. 5:30-7 p.m. Th is year, students and their paired attorneys will be assigned Join us in celebrating Leap Day at the Portland Children’s Museum for one of the following books: this private networking event. Families will have free reign to explore • Th e Last Leaves Falling, by the museum and create craft s in the Maker’s Studio and complimentary Sarah Benwell refreshments will be provided for kids and adults. Admission is free. • Diamond Boy, by Michael Williams Please register early as space is limited. Submit your party’s RSVP list • A Time to Dance, by Padma to [email protected]. Interested in becoming a sponsor? Please email Venkatraman your inquiry to [email protected]. • Life of Pi, by Yann Martel • Bamboo People, by Mitali Perkins RSVP to [email protected]. Th e Imprint Program has • Th e A l c h e m st i , by Paulo returned for another fun year Chelho of reading great books and corresponding with local high To participate, you must school students. Th is popular be able to attend one of two program is sponsored by the program-end parties at Parkrose YLS Service to the Public High School. Th at’s right - a top Committee and is a way for high requirement is that you relax and school students to connect with attend a party (and refreshments Member Resource Center attorneys in their community. are included)! Specifi c party dates and times to be announced. Th e program also provides an Welcome to the member An orientation meeting opportunity for the students to resource center, where you will for volunteers will be held on develop written and analytical nd information of importance Tuesday, January 7 at 5:30 p.m. skills. Each student in the to MBA members and the legal at the Standard Insurance Center participating class will be paired community at large. with a volunteer attorney, and Atrium (900 SW Fift h Avenue). Newsletter Advertising both will be assigned to read the Attendance at the orientation is Columbia Bank Pro Bono Oregon Listserv MBA members enjoy reduced same novel over a three-month not mandatory but is strongly Preferred Bank of the Receive a weekly summary of rates on display and classifi ed period. Th e student and attorney encouraged, especially for fi rst- Multnomah Bar Association available pro bono volunteer advertising in the Multnomah will write approximately four time volunteers. Th e fi rst letters Elise Bouneff , Joe Connors or opportunities in your email Lawyer publication. In addition, letters each, discussing their will go out in mid-February. gwyn Hilden, 877.231.2265 inbox every Th ursday. Listings all classifi eds are posted at lives and interests as well as the If you have any questions, www.columbiabank.com include the type of case and a www.mbabar.org. portion of the novel most recently contact me at [email protected] brief description of the issue and Ryan Mosier, 503.222.3275 read. By the end of the program, or 503.276.2181. To sign up for the do not include highly identifying the student and attorney will program, contact Ryan Mosier at facts or party names. Email have developed a mentoring the MBA at [email protected] probonooregon-subscribe@mail. relationship and will have the or 503.222.3275. lawhelp.org. LawPay Offi ce Depot Credit card processing intended MBA Member Discounts for client-attorney transactions. global provider of offi ce related The Benefi ts of a Demand 1.866.376.0950 products, services and solutions. www.lawpay.com/mbabar/ Signifi cant discount on regularly ordered items, standard discount Letter on all purchases. MBA Group Insurance Plans bit.ly/MBABar_OD by A.C. Estacio-Heilich Hassle-free administration and YLS CLE Committee customization of health plans for For both new and seasoned law fi rms. In addition to attorney, attorneys, it is important to learn fi rm must have at least one W2 strategies on how to keep costs employee to be eligible. down in civil litigation. One of Steve Doty, 503.716.9328 Ruby Receptionists the ways to keep costs down is [email protected] Legal Northwest Staffi ng A virtual receptionist service to begin by writing a detailed www.aldrichadvisors.com/MBA/ Specialists based in Portland that seamlessly and persuasive demand letter, connects you to your callers. rather than immediately fi ling a Discounted pricing on direct- Lifetime 8% discount off all complaint in court. A well-written hire and temp-to-hire placement pricing plans and overage demand letter, supported with and a quality of service The Bar Plan Online minutes to MBA members. facts and legal arguments, provides guarantee. Court Bonds Promo code: MBA. notice to an opposing party Anneke Haslett, 503.242.2514 1.866.611.7829 that your client is serious about Streamlined court bond service www.legalnw.com www.callruby.com/mba pursuing litigation. You are also with expedited turnaround. Th e potential expense of litigation likely to receive a more in-depth Kim Edgar, 1.800.843.2277 can be an impediment to the response, which can help sharpen www.mba.onlinecourtbonds.com pursuit of valid claims. Although your position and provide helpful clients are ultimately responsible information in advance of formal for their costs (including, for discovery requests. In the event example, fi ling fees, deposition it is necessary to fi le a complaint, NAEGELI Deposition and Trial costs, and expert witness fees), the demand letter can be easily Th e leading choice nationwide because most clients can’t aff ord transposed into the fact section for court reporting and litigation to pay them, they oft en have to be Clio Case & Practice of the complaint, and the legal support. $100 discount for fi rst UPS fronted by their attorneys. Th is Management Soft ware arguments into claims. And in scheduling - 10 percent discount MBA members can save up to 26 daunting reality can discourage Simplify your workfl ow with some cases, this exchange can also thereaft er on videographer, video percent on their express shipping litigation against bad actors, this cloud-based practice open the door to early settlement deposition, trial presentation, and courtesy of uPS. especially in more complicated management solution. Ten negotiations or even an invitation video conferencing hourly fees. www.savewithups.com/ matters. As the gap continues to percent lifetime discount, as well for private mediation. 503.227.1544 multnomahbar widen between those who are as a seven-day free trial. Draft ing demand letters is just www.naegeliusa.com with and without means, legal landing.clio.com/multbar one of the many strategies that services become less accessible can keep costs down in litigation. to marginalized groups. It is not Th e more we familiarize ourselves insurmountable, however, with with other cost-effi cient litigation advance planning and strategic strategies, the more we can make decision-making. legal services accessible to all.

13 Multnomah Lawyer

We are pleased to announce that Elizabeth Bailey has joined our team.

Elizabeth is an associate in the firm’s litigation group where she focuses on complex litigation. A previous law clerk and judicial extern, she graduated Order of the Coif from the University of Oregon School of Law. She received her undergraduate degree from Washington State University Vancouver, magna cum laude.

209 SW Oak St., Ste. 500 | Portland, OR | 97204 | (503) 227-1600 | stollberne.com

personal injury wrongful death product liability medical malpractice

1022 NW Marshall Street #450 Portland OR | (503) 226-6361 | paulsoncoletti.com

14 www.mbabar.org December 2019

Making a difference.

Tom Marshall Associate Portland Office

We congratulate Tom for his receipt of the Daily Journal of Commerce’s Phenoms Award. This is important industry recognition of Tom’s capabilities.

troutman.com Troutman Sanders LLP we protect what our clients value most.

For decades, McKinley Irvin has helped clients navigate through some of life’s most difficult challenges. Our attorneys are known for their relentless pursuit of successful results, whether representing individuals in financially complex divorce or high Free Conference Room Space in Portland conflict parenting disputes. But perhaps our most noted distinction is our steadfast commitment to protecting what our clients value most. The Professional Liability Fund is offering Oregon lawyers free use of a con- ference room located at 520 SW Yamhill Street, Suite 1025, Portland, Or- egon. To reserve this space and learn more details about this free conference room space, go to the PLF website, www.osbplf.org, and click on Practice Management, then Oregon Lawyers’ Conference Room. 2019

Special thanks to the law firms of Jaqua & Wheatley and Perkins Coie for their donations of books for the OLCR library wall.

2019_PLF_Conference_Room_1-3 square

Larkins Vacura Kayser Congratulates DANIELLE HUNSAKER LVKLAW.COM

Congratulations to our partner, in-house mentor

and friend Danielle Hunsaker on your appointment to the Ninth

Circuit Court of Appeals. Thank you for nine great years with our fi rm! JUDGE DANIELLE HUNSAKER

15 Multnomah Lawyer THOMAS W. BROWN ARBITRATION | MEDIATION Over 38 years of trial and appellate court experience.

CHAMBERLAIN Over 20 years experience as a neutral handling a wide range of civil disputes. Mediation Arbitration Available statewide for private neutral work, as well as work through the American Arbitration A Proven Problem Solver Association, Arbitration Service of Portland, 40 year Oregon Lawyer The American Health Lawyers Association, 30 years of Civil Litigation Experience and various state and federal court dispute resolution programs. Available Statewide RESPECTED, RESOURCEFUL, REASONABLE [email protected] www.chamberlainmediation.com 503.380.5730

900 SW FIFTH AVENUE I 24TH FLOOR I PORTLAND, OR 97204 503-323-9000 I WWW.COSGRAVELAW.COM

Senior Judge

Mediation, Arbitration & Reference Judge

[email protected] (503) 939-4778 www.stuartlegalsolutions.com

Now advocating for buyers and sellers. We’re lawyers helping other lawyers with their real estate needs.

OREGON LICENSED REAL ESTATE BROKERS Sarah Freeman Deanna Wray SELECT 503.498.8307 503.730.1997 1233 NW Lovejoy Street sarahfreemanrealestate.com trustdeanna.com

The professionals at the The path Oregon Attorney Assistance Program are lawyers and counselors – ideally to suited to help lawyers, judges, and law students with:

fulfillment R PROBLEMATIC ALCOHOL & SUBSTANCE USE begins R DEPRESSION & MENTAL HEALTH CONCERNS R TIME MANAGEMENT & PROCRASTINATION

with a R CAREER CHANGE & TRANSITION phone call. R PROBLEMATIC INTERNET USE R COMPULSIVE/SELF-DEFEATING BEHAVIOR

R PROBLEM GAMBLING RENTAL SALES GALLERY RENT TO OWN TUES – SAT 10 A.M. – 5 P.M. Our services are confidential and Original works of art for your home or office free of charge. SUN NOON – 4 P.M. Choose from Oregon’s largest selection 1237 SW 10th Avenue 503.226.1057 O 1.800.321.6227 of local artists in one place [email protected] • More than 200 artists • Over 1,000 works of art in various mediums

OREGON ATTORNEY ASSISTANCE PROGRAM rentalsalesgallery.com helping lawyers, judges, and law students since 1982

OAAP COUNSELORS: R SHARI R. PEARLMAN R DOUGLAS S. QUERIN R KYRA M. HAZILLA R BRYAN R. WELCH R KAREN A. NERI 16 www.mbabar.org

OAAP_fillad_FULFILL_2019_1-3rd pg_square

FILLADS_FULFILL_2019.indd 3 9/12/2019 12:10:33 PM December 2019

specifying how you heard spacious, furnished city view about this position. All replies offi ces, one inner offi ce and two Classifieds confi dential. workstations off ered. Includes reception, conference room Associate Attorney, Business and kitchen. Copier/scanner, Positions & Healthcare internet, telephone, provided at Fire Loss Claims? Litigation Attorneys - Defense Engrav Law Offi ce, LLP is a cost. Spaces available to sublease Litigation growing law fi rm focusing together or individually. Perfect Preg O’Donnell & gillett, a on healthcare, business, tax, for a small fi rm or sole practice. • 18 years experience as a regional, full-service litigation employment, construction, Building amenities include fully General Contractor. and business fi rm is seeking and accompanying litigation. renovated lobby, elevators and litigation associates for their We are seeking an associate restrooms, high-end premium • Experienced fire and Seattle and Portland offi ces. We attorney with two to six years fi nishes in common areas, casualty insurance are interested in attorneys with of experience with excellent collaborative tenant spaces, adjuster. four or more years of experience research and writing skills and fully equipped conference who are able to handle matters the ability to communicate rooms, private health club, • Available to represent independently and interact directly with sophisticated clients coff ee bar, on-site restaurants the insured party in directly with clients on a variety and judicial staff . We value the and convenience store, parking, maximizing recovery entrepreneurial spirit of lawyers bike hub and 24/7 security of defense litigation cases from the insurer. including: and will off er the environment personnel. Contact Sonya Baker and support to help you succeed. - [email protected] or . • Fees contingent on Business Litigation Please submit resume, writing 206.287.1775. . increased recovery. Construction Law sample, and references to . Data Breach & Security grant@engravlawoffi ce.com. Attorney Offi ce Space Response Two offi ce spaces available for . Hospitality & Food-Borne Estate Planning Paralegal single attorney in the historic Millard & Bragg Illness Litigation We are an established Estate American Bank Building, top Attorneys at Law, PC . Motor Vehicle Accidents Planning Law fi rm in the fl oor overlooking Pioneer . Personal Injury Portland Metro area that treats Courthouse Square (with 503-305-7806 . Premises Liability our clients like family! MAX stops), large support 419 5th Street Oregon City, OR 97045 . Product Liability Join our amazing team and staff spaces also available. Rent www.millardlaw.com . Professional Liability you will be working closely with includes reception, conference . Admitted to Practice in Oregon and Washington Real Estate Litigation our attorneys on new and existing rooms, telephone system; . Toxic Tort/Asbestos matters draft ing estate plans, such internet, telephone lines and Litigation as wills, trusts, power of attorney, copier/scanner for additional . Transportation & Trucking Law health directives, etc. You will fee. Building has a gym with Qualifi ed candidates must also help coordinate with clients showers, bike parking and have solid draft ing, writing, in a timely manner to set up windows open. Rent $1,150- and researching skills, as well consultations, collect information, $1,250/mo for offi ce, $450-$660 Family Mediation: From as excellent client relationship provide draft documents for for support staff space. Contact Parenting Plans to Plans clients’ review, and ensure a Robert at 503.226.8122 or and interpersonal skills. for Aging Parents Candidates with law fi rm and positive and compassionate [email protected]. case management experience relationship with them. including deposition, motions We are interested in Two Offi ce Shares in Meg Goldberg, M.S., J.D. practice, and trial experience candidates that are passionate Downtown Portland; One strongly preferred. Washington about what they do. Are you in Month Free with a 12 Mo Lease 503-236-2892 State Bar membership is required school to become a paralegal? One is 14x12 for $1,200 per goldbergmediation.com for the Seattle position. Oregon Already have your certifi cate month, and the other is 15x10 State Bar membership is required and have some experience? for $1,025 per month. Tenth for the Portland position. Dual Please apply! Please email fl oor offi ce in Cascade Building. bar membership is a plus. [email protected] your Two blocks from Pioneer Square Preg O’Donnell & gillett current resume and a cover letter. and MAX Transit hub. Alder off ers competitive salary/benefi ts We off er great benefi ts. Street Parking garage across and a positive atmosphere street. Rent includes reception, with an emphasis on work/ telephone/internet, offi ce life balance. To apply, please Space Available conference room, kitchen, copier send a PDF containing your Law Firm Offi ce Share & postage machine use. Building resume, cover letter and writing Available at KOIN Tower amenities: gym, w/shower, Goldberg sample to Offi ces available on sixth tenant lounge. Contact Jamie at MEDIATION [email protected]. fl oor of the KOIn Tower in 503.243.2733 or We would also appreciate you downtown Portland. Th ree [email protected].

EARN CLIENT TRUST & REFERRALS WITH RUBY ® While you’re busy juggling projects, court, and office duties, your future clients are calling you. Are you answering them all?

20%+ 10hrs 10%+ BOOST IN POTENTIAL OF DISTRACTION FREE INCREASE IN HAPPY NEW BUSINESS TIME REGAINED CUSTOMERS

“Ruby allows my office to focus on our work, while knowing all our calls will be answered by a friendly, live human. Engaging Ruby was one of the smartest things I did when I opened my own firm, and a key to my firm’s success.”

-MICHAEL DOWNEY, DOWNEY LAW GROUP

VISIT WWW.RUBY.COM/MBA TO LEARN MORE OR BETTER YET CALL US AT 844-338-4769 +

17 Multnomah Lawyer

CONGRATULATIONS TO OUR NEWLY NAMED PARTNERS We are proud to announce that Lea Schneider and Tab Wood have been named partners of the firm effective October 1, 2019.

Lea’s practice is focused on complex business and commercial litigation. She represents clients in a variety of industries with experience in wrongful death, personal injury, breach of contract, defamation, product liability, and probate disputes.

[email protected] 503.972.4257 Lea Schneider Tab represents individuals and businesses in civil litigation, including complex commercial, transportation, personal injury, employment, and real estate litigation.

[email protected] 503.972.4259 Tab Wood

1000 SW BROADWAY, PORTLAND l sussmanshank.com l 503.227.1111

LAWPAY IS FIVE STAR!

In our firm, its actually fun to do our billings and get paid. I send our bills out first thing in the morning Erica C. Glaser and more than half are paid by lunchtime. LawPay Mediation and Arbitration ADR Services throughout Oregon makes my day! UM and UIM arbitration • Court annexed arbitration – Cheryl Ischy, Legal Adminstrator • Mediation of civil litigation Austin, Texas • 23 years litigator - both defense and • plaintiff bars • 18 years serving as a neutral Trusted by more than 35,000 firms and PAYMENT INBOX • verified ‘5-Star’ rating on [email protected] INVOICE PAID $775.00 503-515-1621 [email protected]

INVOICE PAID $1,500.00 [email protected]

INVOICE PAID $900.00 [email protected] PAY LAWYER THE #1 PAYMENT SOLUTION Peter Staples Intellectual Property Mediation and Arbitration FOR LAW FIRMS Now accept check payments online Getting paid should be the easiest part at 0% and only $2 per transaction! of your job, and with LawPay, it is! However you run your firm, LawPay's flexible, easy-to-use system can work for you. Designed specifically for the legal Proud Member industry, your earned/unearned fees are Benefit Provider properly separated and your IOLTA is always protected against third-party P � �� T� C T �� C�������� T� C S �� � debiting. Give your firm, and your 866-256-5004 or visit clients, the benefit of easy online More than 30 Years of IP Litigation Experience. payments with LawPay. lawpay.com/mbabar INTA Mediator ∙ AIPLA∙ ADR Neutral

LawPay is a registered agent of Wells Fargo Bank N.A., Concord, CA and Citizens Bank, N.A., Providence, RI. Admitted in Oregon and Washington.

Recognized by Best Lawyers®, Recognized by Super Lawyers®, Chambers USA, AV Pre‐eminent rated, IAM Patent 1000 111 SW Columbia St., Suite 725 Portland, OR 97201 pete@chernof�llaw.com �503� 227‐5�31

18 www.mbabar.org December 2019 On the move. Have you renewed your health plan? Mitchell T. Emmert Associate Portland Office

We welcome Mitch Emmert to Consider MBA Health the Portland office of Troutman Sanders LLP. Mitch’s expertise Plans for Your Firm in taxation is a welcomed addition to the firm. New Competitive Rating Model

The MBA Health Plan has adopted a new rating model, which may make MBA troutman.com premiums more competitive for your firm Troutman Sanders LLP than they have been in the past. Plans include medical, dental and vision. Any law firm located in Oregon or Now Available in Eugene Clark County, WA with at least one W2 The Ultimate Law Firm Experience When You Need It! employee is eligible to enroll. Enrollment is offered year-round. Client meetings, arbitrations, mediations, depositions, or just to get some work done. Contact Aldrich Benefits for a quote on the MBA Plans.

Contact Steve Doty [email protected]

Janos Bodnar [email protected] 503.716.9328

TemporaryLawOffice.com

K. William Gibson Arbitrator & Mediator (503) 307-1676 gibsonmediation.com

Here is what lawyers say about Bill Gibson: “Fair & Impartial” “Easy to work with” “Doesn’t take himself Available for court too seriously” annexed arbitrations, UM/UIM arbitrations and “Courteous“ mediations statewide. “Hasn’t forgotten what No charge for travel. it’s like to try a case”

Schedule online at Put the new logistics to work for you. www.gibsonmediation.com/calendar

UPS provides law firms with technology solutions that save time and reduce costs by improving internal business processes so that you are free to focus on what you do best, the practice of law. Enroll today at savewithups.com/multnomahbar.

© 2010 United Parcel Service of America, Inc. UPS and the UPS brandmark are trademarks of United Parcel Service of America, Inc. All rights reserved.

19 Multnomah Lawyer

Pro Bono Volunteers

Thanks to the following lawyers and law students who donated their pro bono services recently via the Volunteer Lawyers Project, the Senior Law Project, law firm Justice  Service  Professionalism clinics, the MultnomahOregon Law Center, Lawyer the Nonprofit Project, St. Andrew Legal Clinic, Catholic Charities Education  Leadership Immigration Legal Services, Lewis & Clark’s Small Business Legal Clinic, Children’s Representation Values paramount to MBA members. Project, and Changing Lives Forever Project. To learn more Also values paramount to Bank of the Cascades in serving you. about pro bono opportunities in Multnomah County, go to www.mbabar.org and click on Delivering customized banking for legal firms and professionals to maximize “About Us” and “Pro Bono.” opportunities while minimizing risk. We welcome the opportunity to learn about your practice and provide financial solutions tailored to your needs. Brett Carson • Bethany Coleman-Fire • Lisa Day • Nicole Deering • Paul Duden • Chris Edwardsen • Daniel Garner • James Geringer • David Gray • Dona Hippert • George Hoselton • John Huth • Jeremy James • Edward

Johnson • Garry Kahn • Bret Proud to be an Knewtson • William Kwitman • Mary Lang • Elizabeth Lemoine Oregon Law Foundation Leadership Bank • Barbara Long • Tamara ZIMMER, BOND, FAY & OVERLUND LLC Maher • Riley Makin • Suzana Malek • Tim McNeil • Michael O’Brien • James O’Connor FAMILY LAW • Matthew Raeburn • Greg Elise Bouneff Divorce, Legal Separation, Annulment, Property Division, Roberson • Jeremy Roose • SVP, Professional Banking Manager Joshua Ross • Craig Russell • Child Custody, Child Support, Spousal Support, Philip Schuster II • George Senft Deanna Allred • Ian Simpson • Iayesha Smith • Professional Banking Officer Premarital and Cohabitation Agreements Anne Steiner • Todd Trierweiler Portland Business Banking Office (503)499-5931 • Evans Van Buren • Aaron 888 SW Fifth Street, Suite 1000, Portland, Oregon 97204 Member FDIC Varhola • Jeremy Vermilyea • Lauren Walchli • Emery Wang p: 503.295.6191 f: 503.294.0108 www.ZimmerFamilyLaw.com • Peter Willcox-Jones • Dylan Woodbury • Michael Yates • Peter Willcox-Jones

Manage your law firm Explore your art at the Rental Sales Gallery from anywhere.

Museum members can select Spend more time doing what you love. Manage your legal practice from over 250 regional artists and an inventory of over 2,000 from any device, anywhere and keep your practice running smoothly. works in all media. Search the Rental Sales Gallery collection Claim your 10% Clio discount at at portlandartmuseum.org. landing.clio.com/multbar For hours and assistance, PDFphone bundles 503-224-0674 include: hyperlinked or word index | hyperlinked exhibits | condensed transcript email [email protected]. Rental Sales Gallery • 1237 SW 10th Avenue The LNS difference:

Printable Word Index | ASCII transcript | Digitally signed certificates, e-Filing ready smart tools make your job easier. 18 www.mbabar.org

VideoLYNC: Transcripts sync’d with video on jump drive, hyperlinked word index and exhibits

Schedule your next deposition at LNScourtreporting.com

20 www.mbabar.org