Published Quarterly by Women Lawyers Volume 22, No. 2 Spring 2011 22 years of breaking barriers OWLS Honors Judge Darleen Ortega 1989 -2011 and Secretary of State By Rose Alappat and the 2010 recipient of the Justice Betty Rob- President erts Award. The second auction item, a trip to Concetta Schwesinger Ashland, went to Julia Markley, also a partner Vice President, at Perkins Coie. President-Elect Heather L. Weigler During dessert, OWLS President Concetta Secretary Schwesinger thanked the dinner sponsors, in- Cashauna Hill cluding title sponsor Miller Nash, and recognized Treasurer the distinguished judges, political leaders, and Megan Livermore guests in attendance. A thoughtful slide show Historian presented views on women in the legal profession Kathleen J. Hansa Rastetter and highlighted the accomplishments of Justice Board Members Betty Roberts and Judge Mercedes Deiz. Sally Anderson-Hansell The Justice Betty Roberts Award was then Hon. Frances Burge Photo by Jodee Jackson Megan Burgess presented to Oregon Secretary of State Kate Bonnie Cafferky Carter Judge Darleen Ortega (left) and Alec Esquivel Brown. The award recognizes an individual Dana Forman Gina Hagedorn our hundred fifty people gathered on Heather Hepburn March 11 at the Governor Hotel in Port- Kendra Matthews land to celebrate the OWLS community Linda Meng F Elizabeth Tedesco Milesnick and honor two people who have supported Hon. Julia Philbrook and inspired women and minorities in the legal Cassandra SkinnerLopata Hon. Katherine Tennyson profession. The Roberts-Deiz Awards Dinner Shannon Terry sold out especially quickly this year, perhaps in Heather Walloch recognition of the influence and achievements Hon. Youlee You of this year’s award recipients. Past Presidents The Justice Betty Roberts Award was presented Gwyneth McAlpine Heather Van Meter to Oregon Secretary of State Kate Brown; the Laura Caldera Taylor Judge Mercedes Deiz Award was presented to Or- Kellie Johnson Norma S. Freitas egon Court of Appeals Judge Darleen Ortega.

Kate A. Wilkinson The evening began with the OWLS Founda- Photo by Jodee Jackson Jennifer K. De Wald tion’s annual silent auction, which was, in fact, Martha Pellegrino (left) and Kate Brown Sarah J. Crooks Elizabeth Schwartz anything but silent as OWLS members and friends Lori E. Deveny socialized over drinks and spa packages. The who has made an outstanding contribution to Debra Pilcher Velure celebration transitioned to dinner and a live promoting women in the legal profession and Marilyn E. Litzenberger Teresa M. Kraemer auction in support of the Foundation, which the community. Presenter Martha Pellegrino, Patricia L. Heatherman included spirited bidding for two auction items. director of government relations for the city of Julie Levie Caron For the first item, a spa package, the top bidder Portland, highlighted Secretary Brown’s public Phylis Chadwell Myles Helle Rode was Sarah J. Crooks, a partner at Perkins Coie activism, as well as her private kindness. Diana Craine Continued on page 4 Kathryn M. Ricciardelli Agnes Sowle Katherine H. O’Neil Executive Director Save the Date! Linda Tomassi, 503.595.7831 [email protected] OWLS’ Fall CLE takes place on October 21, 2011 AdvanceSheet Editor Elise Gautier, 503.292.2893 Keynote Speaker: Professor Anita Hill [email protected] www.oregonwomenlawyers.org

OREGON WOMEN LAWYERS AdvanceSheet 1 SPRING 2011 President’s Message Judge Wilson y y e a r Scout troop leader. By being involved, Celebrates 20 Years Mas presi- you meet people, learn to network, on the Bench dent is up, so and find meaning and motivation in this is my last your career and in your life. ultnomah County Circuit Court AdvanceSheet Mentor others. OWLS has provided many Judge Janice Wilson celebrated m e s s a g e . amazing mentors through the years, Mher 20th year on the bench What a year including our “founding mothers.” It earlier this year, a milestone on many it’s been! doesn’t really take much to mentor, levels. While talk- just a cup of coffee and a listening Judge Wilson ing a couple ear. What I love about mentoring is was appointed of years ago that successful mentoring is almost in 1991 by Gov- Concetta Schwesinger to my then- always mutual. I have had three law ernor Barbara 12-year-old school mentees, all of whom have Roberts, and daughter, I said that I might need to join given me a lot of good advice and was the first one of the committees at her junior high support through the years. When each openly gay or so I could have more of a say on school of us mentors, informally or formally, lesbian person issues. Her immediate and vehement we help train and support “the next appointed to “No, you’re not!” took me by surprise. generation” of professionals. the bench in Or- So did her explanation: “Mom, you can Have courage. Friends who have owned egon. For those Judge Janice Wilson never just be on a committee. Before several profitable businesses once not around to long, you’ll be president and running the told me that their secret to success is remember, the 1991 election season was whole thing.” This would, of course, be understanding the things that scare rife with anti-gay propaganda, leading a major embarrassment for a junior high them and then going forward regard- to a divisive ballot measure that was student. She makes a good point—look less of the fear. While I don’t think defeated with 56% of the vote. Judge where I am with OWLS today! All joking this necessarily means we should all Wilson’s appointment in this political aside, the reason I become so involved, skydive, I do think that too many of climate was indeed groundbreaking. and the reason I decided to become OWLS our personal decisions are fear-based. “It was a big deal to those of us who president, is that I strongly believe we We need to be able to take baby were young lawyers unsure of our place need more skilled, diverse leaders, both steps in the right direction, even if it’s in the legal community or what parts today and in the future. sometimes scary. of ourselves we would have to hide to Luckily, we can all learn to be better OWLS is a tremendous organization. achieve our professional goals,” said leaders, as most leadership skills are not I can’t say enough about the leadership Judge Katherine Tennyson. innate. Here are some suggestions for skills I’ve gained and the amazing col- OWLS Treasurer Megan Livermore said, becoming better leaders: leagues and friends I’ve met through “It is because of women like her that I Figure out and accept who you are OWLS. This past year as president has don’t have to hide part of my life to prac- and what makes you tick. My two been the most fun and awe-inspiring tice law and am privileged to be in a place daughters have repeatedly said that endeavor I’ve undertaken in a long time. where I can speak up for others.” they are not me and don’t intend to While I will miss being an active member Judge Wilson was honored in 1999 for follow my career path. Good for them! of our OWLS board, I know the board her tireless promotion of minorities in Each of us is motivated by different is in great shape and our hard work at the legal community as the recipient of things; I am motivated by my strong fulfilling the OWLS mission will continue. OWLS’ seventh annual Judge Mercedes desire to ensure that there are more Thank you for all of your support this Deiz Award. opportunities for my daughters than past year! OWLS admires another pioneer among there were for me. Figure out what our membership, and thanks Judge uniquely motivates you and plan your Wilson for her willingness to stand up life and career accordingly. and stand out two decades ago. She Be involved in your community. I have provided an easier path for those intent met such amazing people in my work Concetta Schwesinger on transforming the practice of law to in OWLS, as well as my work as a Girl President, Oregon Women Lawyers be more inclusive. Queen’s Bench and Women’s Law Caucus Host Mixer On March 16, Queen’s Bench and the Women’s Law Caucus at Lewis & Clark held their annual recep- tion at Lewis & Clark Law School. The guest speaker was Martha Pellegrino, director of government relations for the city of Portland. Pellegrino spoke on “How to Work a Room.” Before and after her talk, attendees had an opportunity to put her words to work and practice their networking skills. Thanks to Martha and to everyone who helped put this event together.

Our mission is to transform the practice of law and ensure justice and equality by advancing women and minorities in the legal profession.

OREGON WOMEN LAWYERS AdvanceSheet 2 SPRING 2011 The Oregon Women Lawyers Workplace Leader Award Nomination Deadline Is June 1, 2011 WLS’ mission is to transform the How can they value contributions to the strides in recruiting and retaining ethnic practice of law and ensure jus- organization that are not captured by minority lawyers and equipping them Otice and equality by advancing the usual quantification tools, such as for leadership. women and minorities in the legal profes- billable hours? In 2010, the award was presented to sion. We believe that law as traditionally Disability Rights Oregon, for focusing on practiced has included barriers to the The Workplace Leader Award teamwork and avoiding hierarchy, and advancement of women and minorities, The OWLS Workplace Leader Award responding to what each staff member and has not always been a friend to those recognizes a legal employer making in- needs to be productive. seeking a healthy, balanced life. We seek novative and effective efforts to promote The 2011 award recipient will be to encourage and celebrate change that one or more of the following values: honored at OWLS’ Fall CLE reception in will eliminate those barriers and imbal- s AHEALTHYBALANCEBETWEENWORKAND Portland on October 21. ances, and we expect that the profession life will be stronger as a result. s ACQUIRINGANDMAINTAININGADIVERSE Nomination Information While most legal employers agree in workforce with diverse leadership Nominations should include: informa- concept that such changes are needed, s MAXIMIZINGOPPORTUNITIESFORWOMEN tion that will help the award committee many disagree on how to achieve these and minorities to succeed in the evaluate the employer’s specific program, goals. How can legal employers help workplace and advance to positions policy, or project; the markers of success women avoid losing so much momen- of influence and leadership. for that program, policy, or project; and tum in their careers while their children We are not looking for an employer to names of people who can be contacted are small that they give up on becom- exemplify all of these virtues. Rather, the for further information, their email ad- ing leaders in the profession? How can award will recognize a specific program, dresses, and their phone numbers. part-time employment work, for both policy, or project that is successfully ad- Nominations must be received (pref- employer and employee? How can legal dressing one or more of the concerns erably by email) by 5 p.m. June 1, 2011. employers promote effective mentoring outlined above. We particularly want to They should be emailed to Dana Forman relationships? What can they do to attract encourage applications from in-house at [email protected] or sent by and retain qualified women and minority legal departments, government em- USPS mail to Dana Forman, c/o OWLS, PO lawyers and equip them for leadership? ployers, and employers who are making Box 40393, Portland, OR 97240.

Court Reporting Beth Farry (left) and Trial Presentation Haley Bjerk at the Videoconferencing OWLSNet event Legal Videography Another Successful Language Interpreters OWLSNet Event Copying and Scanning By Gina Hagedorn WLSNet held its annual lawyers, Selected “Best Court Reportrtinging Firm” Obankers, and accountants network- ing event on February 3 at the Red Star For nearly three decades, law firms Tavern in Portland. The event was once have been relying on Naegeli Reporting again very well attended, with women to provide the tools of control and influence. gathering to reconnect with old acquain- tances and make new ones. Deposition scheduling available 24-hours a day. Although the focus of the event was networking, a representative from each of OWLS, the Oregon Society of CPAs, and the Oregon Bankers Association spoke Serving all of Oregon, Washington, Idaho and the Nation briefly about their respective organiza- tions. The event was made possible by Portland Bend Medford National the sponsorship of Tonkon Torp. (503) 227-1544 (541) 385-8300 (541) 776-7500 (800) 528-3335 Gina Hagedorn is an associate at Perkins [email protected] Naegelireporting.com Coie in Portland.

OREGON WOMEN LAWYERS AdvanceSheet 3 SPRING 2011 Many Thanks to the Sponsors of the 2011 Roberts-Deiz Dinner

Title Sponsor: Miller Nash Platinum Sponsors Trudy Allen and Bob Varitz Markowitz Herbold Glade & Mehlhaf At the OWLS Foundation auction, from left: Nargess Shadbeh, Cecilia de Jesus, Perkins Coie Marcelina Martinez, Melissa Chureau, Suzanne LaCampagne Schwabe, Williamson & Wyatt Stoel Rives OWLS Foundation Hosts Successful Auction Williams Love O’Leary & Powers s part of the OWLS Roberts-Deiz Awards Dinner, the Oregon Women Lawyers Gold Sponsors Foundation once again hosted its annual auction on March 11, raising ap- Barran Liebman Aproximately $15,000. The success of the auction is attributed to a wonderful Garvey Schubert Barer auction committee and the more than 150 donors who contributed items, including Paulson Coletti Trial Attorneys artwork, entertainment tickets, weekend trips, and many baskets of special gifts. This Tonkon Torp year’s auction committee was co-chaired by Jill Brittle and Karen Nashiwa. The live auction, which took place during dinner, generated a lot of laughs and Silver Sponsors competitive bidding due to the splendid performance of the auctioneer, JillMarie Capital Pacific Bank Wiles. The live auction featured two fabulous packages: a weekend getaway to Gaydos Churnside & Balthrop Ashland, and a Queen for a Day spa package, which collectively raised $3,500. Top donors and bidders included Sarah Crooks, Julia Markley, McKinley Irvin, the Special thanks to our volunteer Law Office of Carolyn Miller, Perkins Coie, Rogue Women Lawyers, Hornecker Cowl- photographer, Jodee Jackson, and ing Hassen & Heysell, Tonkon Torp, Bullivant Houser Bailey, Davis Wright Tremaine, to outgoing Roberts-Deiz commit- Tracy McGovern, Nancy Moriarty, Susan Glen, Kathleen Rastetter, OWLS chapters tee co-chair Angela Franco Lucero. throughout the state, and many local restaurants and vendors. The Foundation would like to sincerely thank all donors and bidders for supporting the OWLS Foundation and its mission to promote access to justice for women and minorities.

OWLS Roberts-Deiz Dinner continued from page 1 Secretary Brown has shown incredible Judge Ortega is an active leader in leadership through her work to address several organizations that promote di- violence against women and inequalities versity, including OLIO (Opportunities for in health care. She has also been a vo- Law in Oregon), which provides a sum- cal advocate for the rights of gays and mer orientation program for incoming lesbians. At the same time, Secretary minority law students. Judge Ortega’s Brown has shown private, thoughtful influence is equally felt through her support for friends and colleagues as they individual efforts to create a space for struggle through challenges or achieve minority law students and attorneys to their goals. share their experiences and express their After accepting her award to a stand- concerns—through one-on-one lunches, ing ovation, Secretary Brown acknowl- coffees, and regular discussion groups at edged the support of her family and all three of Oregon’s law schools. friends, and expressed her gratitude for After accepting her award to the the Justice Betty Roberts Award and the second standing ovation of the night, opportunity to advocate for women and Judge Ortega described the vision of minorities in the community. inclusiveness that drives her work on The Judge Mercedes Deiz Award was behalf of Oregon’s diverse attorneys. She then presented to the Honorable Dar- concluded her acceptance by urging those leen Ortega. The award recognizes an present to think critically about their as- individual who has made an outstanding sumptions of what makes a great lawyer, contribution to promoting minorities in and to recognize that continued progress the legal profession and the community. toward diversity will require thoughtful Presenter Alec Esquivel, a judicial clerk for dialogue and change from all parties. All Bases Covered Judge Ortega, described her dedication Judge Ortega’s remarks are printed on law firm optimization experts to creating a welcoming environment pages 12 and 13. for Oregon’s minority law students and Rose Alappat is an associate in the busi- lawyers. ness group at Perkins Coie in Portland.

OREGON WOMEN LAWYERS AdvanceSheet 4 SPRING 2011 Meet OWLS’ New President, Heather Weigler By Mavel Morales eather Weigler begins her term make significant progress toward paying phasizes why as OWLS president on May 1. For off her student loans but also helped diversity mat- Hthe past year she has served as prepare her for her current position as ters and how OWLS vice president and president-elect an assistant attorney general by exposing it can become and, until recently, as chair of the OWLS her to the complexities of civil litigation a true val- judicial work group, which she now co- from a defense perspective. ue—not just chairs with Cashauna Hill. Heather has Heather now works in the Charitable a buzzword— also served on the leadership committee, Activities Section of the Oregon Depart- in the legal taken the leading role in organizing the ment of Justice, which allows her to ex- profession. Political Leadership Lecture Series, written plore complicated legal questions while T h e O W L S articles for the AdvanceSheet, and helped protecting Oregonians from unscrupulous Fall CLE com- organize Road to the Bench programs. charities. It’s a job she likes very much. mittee, which Heather Weigler Heather’s dedication to OWLS began A key priority for Heather is to increase Heather is co- in 2006, when she moved to Oregon to OWLS’ membership and activities outside chairing with Judge Jill Tanner, has invited clerk for Judge Ellen Rosenblum. Judge the Portland area. She would also like Professor Anita Hill to address that theme Rosenblum encouraged“ her to join the to “continue to expand our efforts to at the 2011 OWLS Fall CLE, which will be Salem OWLS chapter, the encourage and equip women and minori- held on October 21 in Portland. Law Society (MLLS). Heather signed up to ties to seek judicial positions across the Heather is grateful to have the support join other MLLS members serving lunch state.” Another priority is to help OWLS and wisdom of OWLS and its members as at the Union Gospel Mission and, soon members become law firm partners, bar she embarks on her latest adventure— thereafter, was appointed to represent leaders, and elected officials. Lawyers, becoming a mom. She and Jake welcomed MLLS on the OWLS board of directors. Heather says, “have a special obligation their first child, a daughter named Ruby, Born in Reno, Nevada, Heather grew to seek justice and equality, and we can’t into the world on March 27. up in Las Vegas, where she spent many hope to be a just and equal society until OWLS thanks Heather for her commit- summer days in the arcade above the we have a legal profession that reflects ment to OWLS, her sense of humor, and Caesar’s Palace poker room, playing video our diverse society.” her stewardship. games while her parents worked in the Heather also hopes to help OWLS Mavel Morales is an attorney at the Or- gaming industry. She went to Barnard present programming this year that em- egon Law Center in Hillsboro. College, in New York City, where she met her connection to Portland, her husband, Jake Weigler, a native Portlander. “A client asked if After college, Heather worked for a year as a paralegal and then enrolled I would take a at the University of Texas School of deposition at the Law. There she learned about domestic McNeil Island violence advocacy from Sarah M. Buel, a nationally known expert on domestic penitentiary. It violence. As part of her course, Heather would entail an drafted an amicus brief that helped convince the Texas Board of Pardons eerie 20-minute and Paroles to grant parole in 2002 to a boat ride through domestic violence survivor convicted of the fog, walking We offer the same services as the other top failing to protect her child from murder the gauntlet past Portland reporting firms. We deliver the same by an abusive husband. The survivor had high quality product. The difference is our been convicted of “murder by omission” a line of inmates, personal commitment to superior service. and had received the same sentence as and spending the the murderer. The highlight of her law school years, Heather says, was the day day next to a guy It wasn’t the most comfortable situation for any she learned of the survivor’s parole. who had murdered of us, but our client was impressed, of course. Although she enjoyed her work as a do- mestic violence advocate, Heather found his wife with a If you want service, call Teach. 503.248.1003 it emotionally taxing, so she decided to baseball bat. To It’s all about service. focus on appellate work. After graduat- me the answer ing from law school in 2002, she clerked for a judge on the Fifth Circuit Court of was easy. Appeals and then joined a medium-sized law firm with a good reputation for “Of course.” 1500 SW First Avenue, Portland, OR 97201 appellate work. Working in the private —Catherine Teach 503.248.1003 or 800.230.3302 sector, she says, not only enabled her to

OREGON WOMEN LAWYERS AdvanceSheet 5 SPRING 2011

“Of course.”

—Catherine Teach Kulongoski Appoints Record Number of Women Judges By Holly Pettit regon governors appoint state Governor appointed In March, circuit and appellate court judges 20 women to the bench during her term, OWLS’ judicial Owhen a position becomes open from January 1991 to January 1995; they work group before a judicial term ends. The great comprised 38% of her judicial appoint- c o - c h a i r s majority of judicial positions are filled ments. During Governor Kitzhaber’s first Cashuana Hill originally by appointment, and almost stretch as governor, from January 1995 and Heather all of those judges are later elected. to January 2003, 18 (30%) of his judicial Weigler met Consequently, Oregon governors play a appointments were women. with Gov. Kit- major role in determining whether the Women made up 50.4% of Oregon’s zhaber’s gen- gender and ethnic composition of the population in 2009, and ethnic minorities eral counsel, bench reflects Oregon as a whole. comprised 20.4%. In January 2011, 33.6% Liani Reeves, Although the percentages of women of OSB active members were women and who said that Judge Eva Temple, and ethnic minority judges on the bench 6.5% were ethnic minorities. the governor one of 30 women still lag behind their percentages in Or- The representation of women and is committed judges appointed by egon’s population, tremendous progress minorities on the bench has lagged even to continuing Gov. toward parity was achieved during the further behind their representation in to create a governorship of Ted Kulongoski, from the OSB. In 2008, 24.7% of Oregon state diverse bench that will reflect the popu- January 2003 to January 2011. court judges were women, and only 0.5% lation it serves. Gov. Kulongoski appointed 30 women were ethnic minorities. The governor’s team and OWLS will to the bench, including several who were “Governor Kulongoski emphasized seek opportunities to work together in the first woman on the county’s circuit diversity in his judicial appointments to identifying qualified women and minority court. Women comprised 56% of Gov. an unprecedented degree,” said Oregon candidates. As Heather said, Gov. Kulon- Kulongoski’s total judicial appointments Court of Appeals Judge Ellen Rosen- goski’s “judicial appointments reflected and 71% of his appellate appointments. blum. “Thanks to him, my colleagues a true commitment to diversity on the Ten (18.5%) of Gov. Kulongoski’s judi- on the appellate courts include Latina, bench that OWLS hopes will continue in cial appointments were ethnic minorities. Asian-American, gay and lesbian judges future administrations.” Of the 54 judges he appointed, 23 are —all superb additions to the judiciary in Holly Pettit practices law in the Law Office OWLS members. Oregon.” of Robert J. McGaughey in Portland. OC-NBA Invigorated

We are pleased to announce that Kathryn Smith Root has joined our frm as Partner in Charge of At the event, from left: our Portland ofce. Judge Ancer L. Haggerty, OC-NBA Treasurer Mo Smith, OC-NBA Vice President Kathy Root is a 26-year veteran family law Naomi Levelle-Haslitt attorney, founding member of Oregon Women Lawyers, and Advisory Board toel Rives hosted a kick-off event for member for OWLS Foundation. Sthe newly invigorated Oregon Chapter of the National Bar Association (OC-NBA) Kathy’s experience and dedication on February 1 in Portland. The Honorable embody the high standard of family law Ancer L. Haggerty, senior district judge representation and unique personal of the US District Court for the District of service that McKinley Irvin is known for. Oregon, addressed the crowded room in a newly remodeled reception area. Dozens of judges, lawyers, and law students attended the event in support PORTLAND . SEATTLE . TACOMA of the local African American bar. For more information or to join the OC-NBA, PHONE: tWWW.McKINLEYIRVIN.COM contact Naomi Levelle-Haslitt at naomi. [email protected].

OREGON WOMEN LAWYERS AdvanceSheet 6 SPRING 2011 Pay Equity Still Elusive for Female Partners By Yael Livny he lack of pay equity for women select one of three main compensation at law firms is once again a live models: lockstep, “eat what you kill,” The career path for women at Ttopic. Last year saw the release of and the multi-factor approach. All three firms is a stark, ever-narrowing three studies on law firm compensation models are problematic for women. Un- funnel: we make up 46% of and gender by the Minority Corporate der the lockstep system—a system that Counsel Association (MCCA), the National is almost extinct—partners earn a share associates, 36% of counsel Association of Women Lawyers (NAWL) of profits based on seniority. This system positions, 27% of non-equity and NAWL Foundation, and a group of appears to be gender-blind; in practice, positions, and 16% of equity Temple University and University of Texas however, lockstep tends to hurt women partner positions. professors (Angel et al.). The numbers are who disproportionately take time off to unsettling. Roughly half of all law school raise children—either by pure choice or graduates are female, yet women make because mothers are still under immense to their fair share of pitches, they might up less than one-fifth of equity partners societal pressure to take on the primary not be given proper credit for the clients at law firms. These partners earn about parenting role. In a pure lock-step system, who are won over to the firm. $66,000 less per year than their male the cost for women taking leave is high: Distressingly, many women report counterparts. And while it might gnaw losing seniority. intimidation, even bullying, by male at us to run comparisons and gripe about Women fare even worse under the “eat colleagues over how origination credit stratospheric salaries, the fact remains: what you kill” approach, which rewards is distributed. As one women told the women are being disadvantaged. partners based on the clients they bring MCCA: “I have had experiences where The career path for women at firms is a in (origination) and the number of hours men tried to undermine my involvement, stark, ever-narrowing funnel: we make up they bill. As with lockstep, women who take credit for my work, claim credit for 46% of associates, 36% of counsel posi- take time off to raise kids are disadvan- relationships when the client literally did tions, 27% of non-equity positions, and taged in terms of sheer billable hours. not know who they were, and in the past, 16% of equity partner positions. Where With respect to origination, female law- I have literally been told I was stupid to and why does the trajectory go wrong? yers report that they do not get equal ac- think the client was basing its decision The studies agree that there are two cess to rainmaking opportunities at their to use my services on me.” main problem areas: the identity of firm firms. Thus, they may not get invited to Most firms report that they use the decision-makers (who) and the dynamics client pitches or, even if they are invited Continued on page 8 of decision making (how). With regard to the first problem (the “who”), decisions about promotion and compensation are usually made by management or compensation commit- tees in which women tend to be vastly underrepresented. As the NAWL study observes, “[t]he median number of total members on these highest governing committees is 10 and, in the typical firm, women represent only one or two of those members.” Women therefore must grapple with the forces of “in-group favoritism,” a term from the social sciences describing our innate preference and desire to as- sociate with those who are most like us. Thus, a group of men holding the power over advancement and compensation may quite unconsciously demonstrate loyalty, bias, and/or esteem toward other men, and make decisions accordingly, at the expense of the women waiting in line. To change the status quo, law firms may first need to ensure that their power centers are populated by women (and, for that matter, other minorities and underrepresented groups). A second major problem concerns the rules and systems in place for setting partner compensation. Law firms typically

OREGON WOMEN LAWYERS AdvanceSheet 7 SPRING 2011 Pay Equity Still Elusive for Female Partners continued from page 7 third compensation model: a system that they may not realize that the partner as- increase awareness of in-group favoritism rewards partners for an array of differ- signed to the case is non-equity. and eliminate bias. Next, firm manage- ent activities, including participation in One continuous thread in each of the ment and committees are urged to re- firm management and administration, three studies is the issue of motherhood evaluate the weight and range of factors associate training, general marketing, and leave as a factor in attrition. The that set compensation. When we change and civic involvement. Interestingly, the impact of taking time off for children the identity and ground rules of decision consensus is that even these firms are, on women’s compensation cannot be making in compensation, we might be a in practice, “eat what you kill” because overstated. “A family leave of one year step closer to achieving equity. the compensation factors weighted reduced women’s chances of making Yael Livny is an associate in the labor most heavily are client origination and partner by one-third and reduced women and employment practice group in Ball personal productivity. Women therefore partners’ earnings by 28 percent.” Janik’s Portland office. are again hobbled if they take time off Moreover, at least one study suggests Endnotes for caregiving. Further, in an interesting that part-time firm lawyers—who are, 1. New Millennium, Same Glass Ceiling? extension of the caregiver profile thrust predominately, women with children— The Impact of Law Firm Compensation upon women outside of the firm, female have been much more vulnerable to Systems on Women, by the Minority Cor- partners report feeling compelled to take termination during the recent economic porate Counsel Association (MCCA), in on a disproportionate amount of non- downturn. “If women lawyers observe collaboration with the ABA and the Project billable firm work—the civic engagement that working part-time renders them for Attorney Retention (available at www. projects, the administrative roles, the more vulnerable to layoff, then it is pardc.org/Publications/SameGlassCeiling. associate mentoring duties—while their reasonable to expect that these women pdf or www.attorneyretention.org/Publica- male colleagues seem more comfortable will make different life choices—perhaps tions/); Report of the Fifth Annual National declining those assignments in favor of deferring childbearing, or opting to con- Survey on Retention and Promotion of billing more hours and pounding the tinue to work full-time after the birth of Women in Law Firms, by the National As- pavement for clients. one or more children, or perhaps worst of sociation of Women Lawyers (NAWL) and Another aspect that affects compen- all, exiting large law firm practice before the NAWL Foundation (available at http:// sation for women at firms is the equity these issues become pressing.” nawl.timberlakepublishing.com/files/ vs. non-equity partnership divide. The But here it is crucial to point out that NAWL%202010%20Final(2).pdf); Statistical vast majority of large law firms are now women experience pay disparity regard- Evidence on the Gender Gap in Law Firm mixed-tier partnerships, where equity less of having children. Thus, “[m]ale Partner Compensation, by Temple Uni- partners earn a share of the profits, and graduates are more likely than female versity and University of Texas professors non-equity partners earn a fixed income graduates to be partners even when Marina Angel, Rajiv Banker, Eun Young and have no voice in governance. The men and women have comparable career Whang, and Joseph Lopez (available at gender distribution is striking. “In the plans, law school GPAs, marital status, www.newyorkemploymentattorneyblog. typical mixed-tier firm, approximately 6% parental status, work histories, and legal com/Gender_Gap_in_Law_Firm_Compensa- of all equity partners are fixed-income specialization.” This observation is key, tion_Temple_University.pdf). equity partners, and an astonishing 73% for it underscores that women do not 2. NAWL, ps. 2, 9. of these are women.” self select pay disparity. Motherhood is 3. NAWL, ps. 2, 9. All studies report that recent years not to blame. Rather, a system that pays 4. MCCA, ps. 12–13; NAWL, p. 18. have seen a sharp increase in the amount women less for the same work, that un- 5. NAWL, p. 18. of non-equity partner positions as well dervalues our talent, effectiveness and 6. MCCA, p. 15. as the de-equitization of partners in value, is to blame. 7. Angel et al., p. 35. response to the recession. These title And how should the system change? 8. MCCA, ps. 41–43. changes translate into less profit share As the studies suggest, the path to pay 9. MCCA, p. 35. for women. Moreover, even if an “en- equity begins with increased diversity, 10. MCCA, p. 20. lightened” client specifically requests to especially in management and compensa- 11. MCCA, p. 24. work with a female partner on a matter, tion committees. Firms should commit to 12. MCCA, p. 31. 13. NAWL, p. 14. Family Law Practice Group 14. Angel et al., p. 4–5. Litigation Services 15. NAWL, p. 14. Consulting Services 16. Angel et al., p. 32. Mediation 17. NAWL, p. 15–16. Collaborative Law 18. NAWL, p. 18. Prenuptial Agreements 19. MCCA, p. 9 (Introduction). 20. NAWL, p. 51–52. Josh Kadish David I. Bean Kyoko K. Wyse Estate Planning [email protected] [email protected] [email protected] 621 SW Morrison Street For more information about Portland, OR 97205 OWLS events, please visit Wyse Kadish LLP 503.228.8448 Attorneys at Law www.wysekadish.com www.oregonwomenlawyers.org.

OREGON WOMEN LAWYERS AdvanceSheet 8 SPRING 2011 Meet Sylvia Stevens, OSB Executive Director By Teresa Statler ylvia Stevens became the new execu- Sylvia’s objectives include assisting the In her spare tive director of the Oregon State BOG in following up on ideas generated time, Sylvia SBar (OSB) in August 2010. I recently by the Senior Lawyers Task Force to ad- likes to travel enjoyed an opportunity to interview her dress the needs of lawyers approaching and to read. for the AdvanceSheet. retirement, and by the Urban/Rural Task She is looking A graduate of Beaverton’s Sunset High Force. She is excited about getting the forward to School, Sylvia attended college at Oregon new mandatory mentoring program a fall trip to State University. Her career goal at that for new OSB admittees up and running. Ireland with time was to enter the fashion business. Sylvia is also committed to continuing the her husband. After graduation, she married and fol- work of enhancing diversity and inclusion S h e f o u n d lowed her then-husband to various Army within the OSB. Turkey, which postings in North Carolina, Arizona, and Sylvia thinks that the rapid changes she visited Sylvia Stevens , returning to Oregon when he we are seeing in the legal profession are several years was sent to Vietnam. and will continue to be a challenge for ago, to be a favorite place. Sylvia is in a Sylvia began thinking about going to all of us. Specifically, she thinks that glo- book group and likes both fiction and graduate school when she was working balization—including the outsourcing of nonfiction. as an administrative assistant in the urban legal work to attorneys abroad—as well When asked for advice for new at- planning department at Kansas State as fast-paced technological innovations torneys, Sylvia offered these words of University. After she and her husband and demographic changes are trends we wisdom: “Have realistic expectations. Life returned to Oregon, she entered Lewis & cannot ignore. With so much information is a series of stages, so stick with it!” She Clark Law School’s night program, gradu- available to clients through the Internet, also stressed the importance of always ating in 1981. Like many aspiring lawyers, the future challenge for lawyers will be keeping your word and being open and she entered law school with the idea that to show how they “add value” to the transparent, so that others will come to she could effect social change. services they provide. In addition, she trust you now and in the future. While in law school, Sylvia clerked for notes that law firm structure is changing, OWLS congratulates Sylvia on her new what is now Sussman Shank LLP. After with nonlawyer ownership of law firms position and wishes her the best. graduation, she became an associate (common in Europe, for example) possibly Teresa Statler, a sole practitioner in Port- at the firm, handling various types of coming to the . land, practices immigration law. commercial cases while also developing a small domestic relations practice. With the firm’s encouragement, she became active in bar activities and committees. Employment, Business, She is proud to have been there when and Tort Mediation OWLS was formed in 1989. Also in 1989, Sylvia was elected to the OSB Board of Governors (BOG). She says #LARITYs#OMMON3ENSEs4ENACITY that she enjoyed her time on the BOG, so much so that when an opening for A 19-year litigation practice, an assistant general counsel at the OSB representing both plaintiffs and appeared, she applied for the position defendants in employment, business, and got it. She began work at the OSB and tort, has given me a unique in September 1992, and has been there perspective for understanding the ever since, moving to the general counsel subtle nuances in employment and position in 2006, and finally to executive business dynamics, and the financial director last summer. Lisa A. Amato As the OSB’s executive director, Sylvia is and emotional implications woven responsible for everything that happens throughout these claims. at the bar. She oversees the OSB’s policy From solid foundations I ask the hard work and budget, as well as its admin- LLP Wyse Kadish questions and delve into underlying istration and outreach to members. She Attorneys at Law considers herself the OSB’s “public face.” issues. With diverse dispute resolution With the OSB president, Sylvia travels tools and techniques I help parties around Oregon meeting OSB members 621 SW Morrison St., Suite 1300 resolve their disputes and settle their and learning about the challenge of prac- Portland, Oregon 97205 claims so that they can move on. ticing law in the various parts of the state. She notes that although nearly one-third 503.228.8448 EEOC Mediation of OSB members practice in Multnomah US District Court of Oregon Mediation County, the BOG and the OSB administra- [email protected] Multnomah County Circuit Court Civil Mediation tion work hard to recognize the concerns and needs of all members.

OREGON WOMEN LAWYERS AdvanceSheet 9 SPRING 2011 OWLS Leadership Forum: “Overzealous Advocacy” By Katie Riggs ood lawyers are always zealous that lawyers follow the golden rule— lawyers. The word zealous, how- treat others as you would like to be Gever, has too often been used by treated—when deciding what behavior lawyers to justify aggressive and rude is appropriate. behavior. On March 22, the OWLS Leader- Judge Villa-Smith pointed out that ship Forum held a seminar addressing the even the best lawyers can lose sight of dangers of being too zealous, the ethical their ethical obligations when they be- obligations lawyers have to their clients, come overzealous. She suggested that and how to deal with opposing counsel. lawyers be sure to maintain a professional The panelists were Judge Nan Waller distance from the case, not get person- and Judge Kathryn Villa-Smith, of the ally involved, and ask themselves before Judge Waller (left) and Judge Villa-Smith Multnomah County Circuit Court. acting, “Are we helping our clients or The panelists explained that lawyers hurting our clients?” Judge Villa-Smith Judge Waller suggested that lawyers have an obligation to be zealous, but the explained that she told her clients to fol- walk away from clients who expect them word zealous is no longer found in the low two simple rules: (1) do not engage to “draw blood” because, in the end, code of ethics. They pointed to the in- (do not start a fight) and (2) be kind (do those clients will never be satisfied. She creased expectation of instant responses, not turn it into a war). quoted Abraham Lincoln: “Discourage use of email and texting, and decreased Both panelists emphasized that the litigation. Persuade your neighbors to opportunities to interact in person as all reputation a lawyer acquires through her compromise whenever you can. As a contributing to an environment in which behavior can have a significant impact on peacemaker the lawyer has superior lawyers are sending their first, and often her effectiveness as an advocate. Judges opportunity of being a good man. There unprofessional, reactions to opposing notice everything in the courtroom, and will still be business enough.” counsel. Judge Waller said, “We want rude behavior by lawyers can have a OWLS thanks the speakers and also lawyers to be zealous, but not zealots.” negative effect on a jury’s perception Miller Nash, for hosting this event at its She explained that zealous means to be of a case. It was also noted that being Portland office. diligent, passionate, and enthusiastic; soft spoken with a good understanding Katie Riggs is an associate at Schneider a zealot, however, is an extremist who of the law can be a very effective way Law Offices in Portland. Her practice is excessively zealous. She suggested to advocate. focuses on Social Security disability law. Thank You, Outgoing Board Members SUSAN M. HAMMER WLS extends heartfelt thanks served on the OWLS finance committee, Mediation Services to outgoing board members and she is active on the Convocation OConcetta Schwesinger, Linda on Equality’s anniversary steering com- Meng, and Judge Katherine Tennyson mittee. Linda recently received the OSB for their years of service in support of Affirmative Action Award for her service OWLS’ mission. on behalf of diversity in the bar. OWLS Outgoing President Concetta will miss Linda’s thoughtful contribu- Schwesinger served as treasurer and vice tions to policy discussions, and we look president during her tenure on the board forward to working with her further on of directors, and also as co-chair of CLE the tenth anniversary of the Convocation committees. She recently served on the on Equality. leadership, membership, finance, and Outgoing board member Judge Kath- public relations committees. Concetta erine Tennyson served as co-chair of the was recognized this year by the Daily OWLS judicial work group (JWG) and on Journal of Commerce as a finalist for its the membership committee. Her leader- first Leadership in Law award. She en- ship with the JWG brought Road to the 21 Years’ Experience couraged board colleagues to embrace Bench panels to OWLS chapters around the state and increased outreach to Innovative Approaches to leadership opportunities and become more comfortable with self-promotion. women and minority lawyers in Oregon Complex Problems Concetta’s enthusiastic promotion of regarding judicial careers. She was ap- Recognized in OWLS in the legal community increased pointed to the Board of Trustees of the The Best Lawyers in America® the organization’s visibility throughout National Council of Juvenile and Family Distinguished Fellow, Oregon. Court Judges in 2009 and is currently International Academy of Mediators Outgoing board member Linda Meng the vice chair of the Family Violence served as chair of the OWLS awards com- Department Advisory Committee. Judge Tel : 503-222-5949 mittee, which tracks local and national Tennyson will remain active with the JWG [email protected] awards, makes recommendations to the under new leadership, as OWLS works www.susan-hammer .com board regarding nominees, and coor- with other organizations to promote dinates nomination packets. Linda also diversity on the bench.

OREGON WOMEN LAWYERS AdvanceSheet 10 SPRING 2011 Nell Bonaparte: An OWLS Founding Mother By Terri Kraemer s part of our series about OWLS’ not admit women to its undergraduate families in the founding mothers, we are pleased programs. Nell made law review in her Portland met- Ato profile in this issue OWLS found- first year and was later offered some ro area. ing mother Nell Bonaparte. great job opportunities in San Francisco This is Nell’s Nell arrived in Portland in 1988 and and Washington, DC. She ended up in advice for to- was soon introduced to Katherine DC, at Hogan & Hartson. It was a great day’s young O’Neil. She learned that Katherine and place to learn and work, she said, but at lawyers: a group of other women had a vision for that time it was not inclined to accom- “Make every a women’s bar association in Oregon. modate flexible work arrangements. So effort to find Nell was struck by the fact that no such after their first child was born, Nell and and cultivate organization existed here; in Washington, her husband, Bob Bonaparte, with whom several men- DC, from which she had just moved, the she had attended law school, moved to tors whom you Nell Bonaparte women’s bar association was founded in Portland, where Bob had grown up. admire in the 1917—yes, 1917! Nell and Bob practice law together, legal community for their profession- Nell came to Portland in a roundabout with Arden Shenker, at Shenker & alism and ethics. When I was a young way. She was born and raised in a small Bonaparte in Portland. Nell and Bob associate at Hogan & Hartson, I had two town in Bucks County, Pennsylvania, have four children—one in high school, wonderful mentors: Francis L. Casey Jr., a where her father practiced law and her two in college, and one a recent college seasoned trial lawyer who gave me a lot mother worked as a magazine editor. graduate. Nell keeps in close touch with of responsibility, and Jack Keeney, then They moved to Berkeley, California, in a group of eight law school girlfriends— a senior litigation associate with whom 1967, and Nell attended the University they get together every year, from every I worked full-time for three months on a of California at Santa Cruz. In college corner of the country, and are committed pro-bono case involving school desegre- she studied biology and environmental to staying connected. gation. Jack recently left Hogan to head science, earning a double major. She in- Nell enjoys hiking, especially in Forest Legal Aid in Washington, DC, and Frank terned as a science writer but was inspired Park and Hoyt Arboretum. Last year she Casey is with the angels.” by the environmental movement to work climbed down and back up the Grand Can- Terri Kraemer, an OWLS past-president, on helping preserve the environment. So yon with friends. She also loves to travel. chairs the AdvanceSheet Committee and off to law school she went. Nell co-coaches mock trial at Catlin Ga- is a director at Deloitte and Touche. Nell attended the University of Virginia bel School and serves on the board of the School of Law, graduating in 1981. Her Children’s Book Bank, a new nonprofit law school class was one-third women. organization that provides free books Interestingly, until 1972 the university did to preschool children from low-income Road to the Bench in Bend WLS’ judicial work Ogroup held another Road to the Bench (RTB) panel, moderated by the group’s co-chair, Cashauna "    Hill, in collaboration with Cascade Women Lawyers, "   on April 5. The Bend  !     From left: Judges Wells Ashby, Alta Brady, Annette Hillman office of Schwabe, Wil- liamson & Wyatt hosted a conference room full of lawyers, and Judges Wells Ashby, Alta Brady, and Annette  $" "! Hillman shared their experiences and advice. $" Judge Ashby is a newly elected Deschutes County Circuit Court judge, winning a contested election. He stressed that “you should be involved in your community” "!$"   "  ! and love being in the courtroom. You “cannot be too organized, too soon” and once #  !"  $" you’ve made your decision to run, announce early, and identify key supporters. Judge Brady has been on the Deschutes County bench for 17 years and was the  "! first woman on that bench. Once she decided to seek the position, she “called every single lawyer in Deschutes County—about 130” at the time, announcing her candidacy and offering to have coffee and be “quizzed.” She loves her job, but noted that the     bench is isolating. Talk to judges before deciding on a judicial career, she stressed. Judge Annette Hillman is the newly appointed judge in Jefferson and Crook Counties, ###   and the first woman to hold a seat in that district. She advised being prepared, not ignoring the process, and using mock interviews and the OWLS RTB handbook.

OREGON WOMEN LAWYERS AdvanceSheet 11 SPRING 2011 Remarks Made Upon THE JUDGES’ FORUM What I have learned instead Receiving the Judge is that there Mercedes Deiz Award at are no short- the Roberts-Deiz Dinner cuts; there is no substitute for March 11, 2011 really listening hank you so much! I can’t think of to the expe- an honor that would mean more By The Honorable Darleen Ortega r i e n c e s a n d Tto me than this one. perspectives of those who I am so honored to be in the company Hon. Darleen Ortega of the prior recipients of this award, their law school experience with each are outsiders and Mercedes Deiz herself. I also want other, to struggle aloud with the ques- to the dominant legal culture. The kind to congratulate my co-awardee, Kate tions they may be afraid to ask in class, of listening I am talking about is not yet Brown. I can’t imagine anyone I’d rather to challenge anything and everything part of our legal paradigm. What happens share this night with. about what they are being taught and instead—and I say this with confidence Thank you to all my friends and loved how they are expected to learn. because I observe it over and over again, ones who are here—who support me in I began holding these weekly sessions and I have experienced it myself—is that and hold me to my best intentions, who for a couple of reasons. First, I wanted we invite in the few people from under- inspire me with your questions and your the students to know they were not represented cultures who meet criteria example, who weather my frustrated alone. I understood from my own law which already may have wrongly disquali- tirades at the slow pace of change and school experience and from many of my fied other worthy minority candidates, buoy me up when I get discouraged. professional experiences that law school, and we require those lucky few to fit Thanks especially to Alec, and to my and law practice, can be very alienating, into what already exists. other current and former staff members, particularly if you don’t easily fit in or if At best, we may think to instruct them who are my sounding boards and who the way things are done seems counter- on how they need to alter themselves in make it possible for me to shoulder the intuitive to you. I wanted students who order to conform to expectations that load I push myself to carry. needed it to have at least one arena in may be embedded rather than expressed. To the many of you who honored me which they are truly invited to express But we are not yet imaginative enough with letters in support of this recogni- their very own actual reactions to what to recognize the talents they bring that tion—I am humbled and grateful. And they were being taught. are not already part of our definition of most of all, I am so, so happy to know But I had another reason for starting a successful lawyer or judge. We are not that the time we have spent together has the debriefing sessions. Over more than very good at honoring their questions benefitted you and helped you to feel two decades of experience with the le- about why we do things the way we heard and welcomed and empowered. gal profession, I have watched over and do by really entertaining the possibility Yes! That’s the vision that inspires me over again as minority law students and that our existing assumptions are not the and fills me with the energy to do what lawyers struggle to find their place in the best that could be arrived at. When they needs to be done! profession. I have watched people I know don’t come prepared to succeed on our And that’s the vision I would like to to be bright and extraordinarily capable terms, we don’t seriously question that impart tonight if I can. It’s become popu- struggle to achieve grades that reflect there might be something wrong with our lar to tout diversity as a value, which is their true potential; I have watched terms. We don’t honestly wonder whether wonderful—but my own experiences them struggle to pass the bar exam; I we are missing contributions that they are and the experiences of the students and have watched them enter law firms and uniquely qualified to bring but that we lawyers with whom I interact every week spend months begging for work assign- have not yet thought to value. convince me that we as a community ments; I have listened to their reports When the inevitable communication don’t yet know how to mean it when of being criticized and dismissed and breakdown occurs, it often does not oc- we say we value diversity. One of my misunderstood. cur to us to wonder how we might have goals is to help us mean it—I want us Part of the reason I started the debrief- failed to communicate our expectations, to value diversity deep in our bones, to ing sessions was to broaden my own or whether our expectations are even hunger for it, to continually invite the exposure to the stories of minority law fair. Instead, we feel completely justified challenges that come with opening up students. Perhaps I could gather enough in simply informing these newcomers— the legal community to people who may data to find out why minorities so far who we invited because they were question our most cherished assumptions. have not been able to achieve influence different—that they have failed to meet When we say we value diversity, I want in the legal profession that is more re- our expectations. that to mean that we embrace those very flective of their relative numbers in the We can do this because we are part of challenges. population, and more reflective of what the existing power structure. We define I began holding what I call “debriefing they truly have to offer. what is important, what is possible, what sessions” with first-year, mostly ethnic mi- Unfortunately, in a world, and a profes- competence looks like. Nothing requires nority and LGBT law students, three years sion, that loves pithy answers, the hours us to revisit any of it. I include myself in ago. These are very open conversations; I I have spent with minority law students this because I am now part of the power don’t come with an agenda, other than to and lawyers have not yielded any silver- structure too. As to those who come listen, to provide support, and to provide bullet solutions. I have not found any behind me, I can very easily insulate a safe context for students to “debrief” shortcuts. myself from any serious challenge to my

OREGON WOMEN LAWYERS AdvanceSheet 12 SPRING 2011 point of view. In fact, that insulation will This situation will change—is chang- inevitably happen without effort on my ing—only to the degree that insiders—all I dream of a community part to prevent it. of us who have acclimated to the domi- where difference But here’s what happens if we don’t nant culture—are willing to recognize make that effort. And here I want to and give up the privileges of dominance is welcomed. switch perspectives and speak from the and share in the work of bridging our vantage point of the outsider. All of us differences. It will change to the degree I participate in planning this event have had the outsider experience—but that those of us who don’t have to change every year because it inspires me. I know those of us who enter law from groups choose to open ourselves to the possibility that whatever happens to these students that are underrepresented know the of challenge to our perspective. when they leave—and experience tells outsider experience particularly well. And That’s why, when I speak and write me they will encounter hardship and here’s what we experience: about mentoring, I always emphasize disappointment and alienation and Nearly every day, we bite grooves that mentoring must be mutual. The best perhaps even failure—I know they now into our tongues because we know that mentors listen as much or more than they have a sense memory of what it is like to people are not ready to hear the reac- speak. They don’t offer advice without feel welcomed into a legal context and tions that pop into our heads. We know learning about the perspective of the invited to contribute whatever is unique what it is to state an opinion and have person they seek to advise. They enter to them. I want them to remember that. people regard us as though we have lost every conversation expecting to learn I want them to know in their bones what our minds. When that happens, as it so as much or more than they teach. They that feels like. frequently does, it is up to us to rehabili- are willing to confront the limits of their And that’s my dream for a legal com- tate our lost credibility if we can. awareness, and to listen to problems they munity that truly embraces diversity. I We know what it is to inadvertently don’t know how to solve. They commit dream of a community where difference cause offense by asking a question be- themselves to helping the outsider find is welcomed; where we expect to be fore we realize that we have challenged a way to succeed inside, and lead the constantly changing and are grateful for something that people perceive to be way to valuing the outsider’s unique every opportunity to learn where our per- beyond question. We know what it is to contributions. spective is lacking; where at every meet- be told that our idea is not only unwork- My dream of a community that truly ing we look around for who is missing at able, but naive and misguided. We know embraces diversity comes true a little bit the table; where the burdens of bridging what it is to leave a meeting frustrated every year for a long weekend when a our differences are shared among both that there is no way to say what we mean group of attorneys and judges, in con- outsiders and insiders. Let’s inspire each to say and be heard—and yet knowing junction with the ’s other to create that community. that no one even suspects our frustration. Affirmative Action Program, puts on a We know what it is to struggle to express conference we call OLIO—Opportunities our ideas in a language that doesn’t do for Law in Oregon. It’s a law school orien- them justice, because our own language tation program for ethnic minority stu- INGRID E. SLEZAK won’t be heard. dents. This wonderful program—founded When we are criticized, it is up to us by Stella Manabe, a prior recipient of this ATTO RNEY AT LAW to sift through comments that we may award and one of my heroes—seeks to find deeply offensive or unfair for advice help these students prepare for a law that we ignore at our peril. When we are school experience which history tells us advised to change our appearance, or our many of them will find especially baffling manner of speaking, or our strategy, it is and alienating. The content is practical up to us to struggle over how much of and includes advice on things like time that advice we can take without destroy- management and networking and intro- ing too much of who we are. We don’t ductions to legal writing, exam taking, get extra credit for weathering these and professional ethics. difficulties or engaging in these efforts. But more important than all of that Rather, we make these efforts because is what happens over the course of the we must. conference. All these students, who come As long as these experiences are such from quite diverse backgrounds, spend Practice limited to a regular part of daily life for members three days interacting with judges and at- mediation of of underrepresented groups, our legal torneys about things they know nothing culture will not be a place that can be about. They arrive tentative, intimidated, domestic relations matters said to truly welcome diversity. As long even a little lost. And in the course of Full-time neutral since 1994 as we impose upon those least able to three days, you can watch them relax. bear it a disproportionate share of the They laugh; they (along with the attor- 319 SW Washington, Suite 1100 burden of bridging our differences, we neys and judges) embarrass themselves Portland, Oregon 97204 hinder them from bringing us their best. and survive; they begin to show their Phone: 503-241-3777 We cannot expect them to do their best personalities and tell their stories. You Fax: 503-241-2555 work when they are demoralized and can see them opening up; you can see the alienated. We do not receive the benefits joy on their faces. They feel welcomed. [email protected] of their different perspectives if we are They feel invited to be just who they are. www.ingridslezak.com not open to challenges to our own. It’s a beautiful thing.

OREGON WOMEN LAWYERS AdvanceSheet 13 SPRING 2011 Artists Among Us By Julia Waco e often read about OWLS mem- Eric Meyer, a guitarist, is passionate bers and their accomplishments about the music of the Beatles and Bruce Win the legal community. This Springsteen. He started taking guitar les- article offers a glimpse of some of our sons when he was 15 years old because colleagues’ other creative pursuits. Sum- he wanted to play Beatles songs. Eric’s marized here are some of the responses to first music teacher refused to teach him a query posted on the OWLS listserve. rock and roll, but eventually he found Hadas Cassorla is a comedy improvisa- another teacher, who taught him in the tional actor and singer at ComedySportz context of the music he loved (Beatles in Portland and Capitol City Theater in songs). “I started to practice in earnest Salem, an activity she’s been enjoying and continued studying the instrument for about two years. After attending one for years.” show, she was hooked. What Hadas loves When asked what he enjoys most about most about improv is “thinking on your play the guitar, Eric said, “Playing music feet—and it is an opportunity to have fun is an activity that draws on every part of Breezy Day, by Julia Waco and play.” Hadas was a theater major in you—it is intellectual, physical, emotional college and has enjoyed playing various and spiritual. It puts you in touch with writing, Bernadette responded, “The characters. She advises anyone interested beauty, the play, the direct line to deep in improv to take a class: “classes are help- emotion, truth. We don’t access truth ful not just for future improv performers and justice much in the practice of law. but . . . to hone public presentation and It’s possible in art.” interpersonal communication skills.” Bernadette is a lawyer in the Office of Hadas is sole practitioner at Cassorla the Multnomah County Attorney. Law, providing legal counseling on em- Agnes Sowle for many years carved and ployment litigation and business transac- painted gourds, striving for the look of tions. She is also a contracting attorney, ancient Native American pottery. She is providing litigation, general research, now making small embellished art quilts, and writing support to other attorneys. and beaded projects. She started in this Tribal Masks, by Agnes Sowle new creative direction about two years Medical Records ago. “I began craving more color and Stacking Up on You? the best parts of yourself.” Eric finds abstract design and began experimenting refuge in playing the guitar, as it allows with fabric, beads and found objects.” Cash in on hidden dollars in him to be in the moment and eliminate She has donated her creations to non- your next medical-related case.. mental clutter. profits, including the Oregon Women Eric is a civil trial lawyer, currently with Lawyers Foundation. As Certified Legal Nurse Zipse, Elkins & Mitchell, in-house attor- When asked what she enjoys most neys for Farmers Insurance Company. Consultants, we have the expert about her creative work, Agnes ex- Bernadette Nunley plays classical guitar plained: “All of the art I have done has knowledge to uncover crucial facts and is also a poet. She began playing been extremely precise and detailed. and medical information to help music in the fourth grade. In college What might drive others to distraction you win your case. We can do she discovered that her mother had an is for me, meditative. I lose myself for it for you faster and more cost- old classical guitar gathering dust in hours one bead at a time while I listen effectively, and you can settle for a corner, so Bernadette took classical to music or audiobooks.” more. guitar lessons. “I thought I was going Agnes’s gourds can be seen at http:// to be Ani DiFranco or the Indigo Girls, home.comcast.net/~asowle/wsb/html/ Don’t waste but instead, I learned to play Bach.” Her view.cgi-home.html-.html. Her beading your valuable time. guitar lay in its case for nine years, until and art quilts can be seen on her blog, last April, when she began playing again Art and Sowle, at http://artandsowle. Mention this ad after attending an OAAP/OWLS Women’s blogspot.com/. She has been accepted for a free case screening. Wellness Retreat. to show her work in several shows this Bernadette has written poetry since summer and fall and is currently building she was a child. She focused on it in col- an inventory for those shows. Integrity Legal Nurse Consulting lege and published a few poems when Agnes practiced municipal law for 14 she lived in Kentucky. Moving and law years, retiring from her position as the 503.775.3221 school changed things: “With law school, Multnomah County attorney in October. my brain sharpened, but I stopped seeing She looks forward to devoting her time [email protected] images. So the poems stopped. Like music, to art and travel. www.legalnursepdx.com the images are slowly returning.” When Julia Waco has been an artist since asked what inspires her about music and early childhood, though she developed

OREGON WOMEN LAWYERS AdvanceSheet 14 SPRING 2011 her skills as a painter in high school. She also has a puppet collection that delights US Attorney, OWLS Host Civil Rights Event her three-year-old daughter Marla. Julia By Kathleen Rastetter and Marla have their art easels set up n January 27, OWLS co-sponsored Leslie side by side in her art studio, where they an after-work social event with Westphal paint and rock-out together to the music the United States Attorney’s Of- (left) and of Madonna. O Judge Karin fice for Oregon and other bar associations Julia describes her style as “represen- at Brasserie Montmartre in Portland. The Immergut tational whimsy” and finds much inspi- at the event event was held to welcome Tom Perez to ration in her daughter and her favorite Portland. Mr. Perez leads the Civil Rights artist, Chagall. Julia explains that “paint- Division at the United States Department ing for me is like flying. My heart soars of Justice and is based in Washington, Mr. Perez likens jailing a civil rights defen- and I enter another world.” DC. Although he was unable to get to dant to trying to cure cancer by putting Julia donates her paintings to many Portland due to snow in DC, the event the patient in the hospital: it cures the fundraisers and charitable institutions, was well attended. US Attorney for Or- symptoms, not the cause. To that end, including the Oregon Women Lawyers egon Dwight Holton spoke about the the US Attorney’s Office conducts anti- Foundation, Seattle Children’s Hospital, important civil rights work being done bullying education throughout Oregon to Ronald McDonald House, and Shriners by both offices. raise public awareness of the issue. Hospitals for Children in Portland. She Tom Perez heads an office of 700 Mr. Holton said that the US Attorney’s recently completed a commissioned people, 450 of whom are lawyers, who Office has a tremendous power of the piece for Shriners to join her other work on matters including enforcement “bully pulpit,” and he asked those in paintings in the new radiology wing of of the federal anti-hate-crime statute attendance to let him know what the of- the hospital. passed in 2009 in memory of Matthew fice can do to make things better, noting Julia’s artwork can be found at the Attic Shepard and James Byrd Jr. Both of- that unity prevents bullying and hate. He Gallery in Portland and online at http:// fices also focus on anti-bullying issues. closed his remarks by promising to bring juliashand.blogspot.com. She also paints Mr. Holton quoted Mr. Perez as saying, Tom Perez to Portland in the near future. dog portraits, which can be viewed online “Today’s bully is tomorrow’s civil rights OWLS looks forward to meeting Mr. Perez at http://fureverart.blogspot.com/. defendant.” and learning more about the work both Julia Waco is general counsel at Barker Both offices work on preventing civil offices do to enforce civil rights. Martin in Portland, representing home- rights violations, work that will, Holton Kathleen Rastetter is a senior county owner and condominium associations. notes, better protect potential victims. counsel for Clackamas County.

WORKINGfo r E MPLOYERS® SUSAN Z. WHITNEY Arbitrator Congratulations Nellie Barnard Recipient of the Lewis & Clark Law School 13th Annual Harpole Memorial Legacy Scholarship

Congratulations Maryann Yelnosky-Smith Contracts • Construction • Real Estate Appraisers Recipient of the 2011 Harpole Attorney Award Architects/Engineers Presented to an attorney who is dedicated to the pursuit of justice General Business while maintaining balance between career, family and community. Nominations are received from the community at large. Attorney for 31 Years 15 Years of Arbitrator Experience Reasonable Rates

503-223-4951

TM fax 503-954-1542 WORKINGfo r E MPLOYERS [email protected] www.susanzwhitney.com

OREGON WOMEN LAWYERS AdvanceSheet 15 SPRING 2011 Oregon Women Lawyers PRSRT STD P.O. Box 40393 U.S. POSTAGE Portland, OR 97240 PAID PORTLAND, OR PERMIT #2346

Spring 2011 Printed on recycled paper

5. Keep track Queen’s Bench Speakers Offer Tips of your cli- By Christine Coers-Mitchell ent devel- o p m e n t , his year’s theme for Queen’s 6. Engage in mind, body, and spirit just like Bench, the OWLS chapter in stretching. you track TPortland, is “Growth.” Queen’s 7. Inventory your life. b i l l a b l e Bench opened its 2011 monthly luncheons 8. Write a personal mission statement. hours. with two speakers who offered valuable 9. Develop an action plan. 6. Treat part- insights for women practicing law: Judge 10. Plan for support, review, and evalu- ners like and Carol Bernick. Em- ation. clients— ily Harris, from OPB, followed up with On February 8, Carol Bernick, partner in be proac- Judge Adrienne Nelson a fascinating talk about her personal charge at Davis Wright Tremaine, shared tive. development as a journalist. her thoughts 7. Recognize opportunities that come On January 11, Judge Nelson spoke on growing your way and act on them. about growth and professional develop- from associate 8. Find a partner who can be a sponsor, ment. She stressed the importance of self- to partner. Ms. someone different than a mentor. awareness and what she called “the three Bernick first On March 8, Emily Harris, the on-air R’s”: reflection, reality, and renewal. n o t e d t h a t host of the OPB radio show Think Out Reflection involves getting to know statistics on Loud, spoke about experiences that have yourself—understanding your strengths women prac- helped her grow as a journalist. Cover- and weaknesses. Reality is having that ticing in firms ing the assassination of Serbia’s prime heart-to-heart with yourself about where continue to minister, for example, helped her learn you are in attaining your goals and why show that far to focus—to identify what really needs or why not. Once you have taken some fewer women Carol Bernick to be done and do it, rather than being time to reflect on who and where you than men be- overwhelmed by the circumstances. are in your development, Judge Nelson come equity partners. While about half Ms. Harris said although she has re- suggests renewing yourself—taking of associates are women, only 16% of ported from Iraq in dangerous situations, some time to replenish yourself physi- equity partners are women. And women her most difficult job is her current one. cally, emotionally, and spiritually. Judge lawyers continue to earn less than their Reporting on people in your own com- Nelson explained that by engaging in male colleagues. [For more on this topic, munity, she said, requires thorough and the three R’s regularly, you may be able please see the article on page 7.] thoughtful research. Getting the “whole to approach professional growth with Ms. Bernick offered the following tips story” becomes all the more important more patience and success. on moving from associate to partner, if when you plan to continue to interact To create a personal development plan, that is your goal: with the community you are covering. Judge Nelson suggested the following 1. Decide whether or not you want to Queen’s Bench thanks Judge Nelson, ten steps: become a partner. It’s not everyone’s Carol Bernick, and Emily Harris for their 1. Take charge of your own life. goal. time and insights. For information about 2. Identify the stage you are at in your 2. Understand that becoming a partner speakers at future lunches, held on the professional development. is a marathon, not a sprint. second Tuesday of the month, please see 3. Identify the motivators driving your 3. Don’t be misled by the myths of how the events page on the OWLS website, professional development. to become a partner, such as just be- www.oregonwomenlawyers.org. 4. Verbalize your professional develop- ing a great lawyer, being smart, or Christine Coers-Mitchell, vice president ment goals. just doing what is asked of you. of Queen’s Bench, practices debtor 5. Select appropriate professional de- 4. Make developing business part of creditor law, primarily representing small velopment opportunities. your daily practice. businesses.

OREGON WOMEN LAWYERS AdvanceSheet 16 SPRING 2011