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Advocate Official Publication of the Idaho State Bar Volume 51, No

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Advocate Official Publication of the Idaho State Bar Volume 51, No TheAdvocate Official Publication of the Idaho State Bar Volume 51, No. 11/12 Nov/Dec 2008 This issue is sponsored by the Idaho Legal History Society Tenant Realty Advisors is pleased to announce the successful completion of the following two lease transactions: Bill Beck, working with Jones Lang LaSalle, was honored to represent Microsoft in their lease of 34,420 square feet in the Idaho Independent Bank Building in Boise, ID. The landlord was represented by D K Commercial. Bill Beck was honored to represent Simplex Grinnell in their lease of 14,910 square feet at 8783 West Hackamore Drive, Boise, ID. The landlord, Campco Partnership, was represented by Craig Wagsmith, NAI Boise. Benefit from 30+ years of market knowledge and experience. Call Bill Beck, SIOR, when planning your next move or lease renewal. Tenant Realty Advisors 950 West Bannock Street, Ste. 800 Boise, ID 83702 sBECK TENREALADCOMsWWWTENREALADCOMs0HONEs The Advocate The Official Publication of the Idaho State Bar 1(11/12), Nov/Dec 2008 FEATURE ARTICLES 13 WELCOME FROM THE PRESIDENT OF THE IDAHO LEGAL HISTORY SOCIETY Deb Kristensen 14 PERSPECTIVES FROM THE PAST: ORAL HISTORIES OF IDAHO LAWYERS AND JUDGES Deb Kristensen 27 GETTING INVOLVED IN THE IDAHO LEGAL HISTORY SOCIETY’S ORAL HISTORY PROJECT Ken J. Pedersen 28 LYNCHPINS Rita Ryan 30 ACCESSING THE RECORDS OF IDAHO’S DISTINCTIVE LEGAL CULTURE Kathryn Rubinow Hodges COLUMNS 7 President’s Message, Dwight E. Baker 10 Executive Director’s Report, Diane K. Minnich 48 Federal Court Corner, Tom Murawski 50 Licensing and MCLE Compliance, Annette Strauser NEWS AND NOTICES 8 Letter to the Editor 9 Newsbriefs 9 Discipline 32 Distinguished Lawyers 2008 34 2008 Annual Conference Special Thanks 35 2008 Annual Conference Photos 37 New Admittees as of 9/30/08 45 Idaho Supreme Court Fall/Spring Terms 45 Idaho Supreme Court Oral Arguments 45 Idaho Court of Appeals Fall/Spring Terms 45 Idaho Court of Appeals Oral Arguments 46 Cases Pending 52 IVLP Stand Down 2008 52 IVLP Special Thanks 52 IOLTA Banks 53 Of Interest 58 Directory Updates 65 2008 Advocate Author Index 68 2008 Advocate Title Index 71 Classifieds 72 Continuing Legal Education Information (CLE) 72 Coming Events ON THE COVER— A young Carl P. Burke and his lifelong friend, Frank Church, horseback riding at the Robinson Bar Ranch, Idaho. Carl went on to manage all of Senator Church’s congressional campaigns, and his bid for the presidency. (Photo from the private collection of Carl Burke.) ISSUE SPONSOR This issue of The Advocate is sponsored by the Idaho Legal History Society. The Advocate • Nov/Dec 2008 BEYOND MONEY Copyright© 2008 The Idaho The State Bar. The editorial contents of this publication are the Advocate opinions of the authors and Official Publication of the Idaho State Bar do not necessarily represent or MANAGING EDITOR BOARD OF reflect the policies or opinions Jeanne S. Barker COMMISSIONERS of the Idaho State Bar. The EXECUTIVE DIRECTOR Dwight E. Baker, President Advocate has the authority Diane K. Minnich Terrence R. White, Past-President to edit material submitted for publication. Appearance B. Newal Squyres, Commissioner EDITORIAL of an advertisement in The Advocate does not constitute a Douglas L. Mushlitz, Commissioner ADVISORY BOARD Deborah A. Ferguson, Commissioner recommendation or endorsement by The Advocate or the John N. Zarian, Chair James C. Meservy, Commissioner Idaho State Bar of the goods or services offered therein. The Lorna K. Jorgensen Idaho State Bar Editorial Advisory Board reserves the right Matthew T. Christensen ADVOCATE STAFF to reject advertising determined not to be in keeping with the Samuel B. Laugheed Jeanne S. Barker publication’s standards. Scott E. Randolph Managing Editor Brian P. Kane [email protected] The Advocate (ISSN 05154987) is published monthly, January Karin D. Jones Robert W. Strauser through June and August through November by the Idaho State Brent T. Wilson Advertising Coordinator Bar, 525 W. Jefferson Street, Boise, Idaho 83702. Subscriptions: Hon. Kathryn A. Sticklen Senior Production Editor Idaho State Bar members receive The Advocate as part of their Carl P. Burke [email protected] annual dues payment. Nonmember subscriptions are $45 per Gene A. Petty Kyme Graziano year. Periodicals postage paid at Boise, Idaho. Shane T. Manwaring Communications Assistant Commissioner Liaison [email protected] POSTMASTER: Send address changes to: Deborah A. Ferguson www.idaho.gov/isb The Advocate (208) 334-4500 P.O. Box 895 Boise, Idaho 83701 The Advocate • Nov/Dec 2008 PRESIDENT’S MESSAGE THE RUDDERS OF OUR SHIPS Dwight E. Baker This issue of run, and unavoidably, for everyone in the courts or their clients, was typewritten, The Advocate is office. and then sent with a three-cent stamp. The sponsored by the Rich Hall referred to this person typewriters were manual; the fonts either Idaho Legal History when he spoke at Candy Wagahoff pica or elite, formal court and transactional Society, and Dale’s swearing in ceremony as a federal documents legal size, and the copies on includes articles of magistrate. All the lawyers present onionskin created with carbon paper. historical interest. understood what Rich was saying, A really good typist could create eleven An understanding about how he valued and respected the onionskin copies with a manual Remington of the history of the judgment of the staff persons who make typewriter. There were no copy machines, practice of law not our profession go. and duplicates were prepared exclusively only inspires us, but also helps to inform In smaller and mid-size firms, these through the onionskin/carbon sheath of us as to why things are the way they are. people were, and are, the rudders of our documents, carefully aligned and rolled Those of us who have been in practice ships, always stabilizing, always staying into place manually. Imagine preparing for thirty or more years remember our the course. They were always helpful, a detailed estate accounting utilizing first introduction to the practice of law. It always critiquing, always evaluating, eleven layers of onionskin/carbon paper. wasn’t our partners or clients, but often always improving our offices, always Typographical errors were dealt with one our very first assistant or secretary as they prepared to offer constructive criticism, of three ways; ignore them, start over, or were called back then, who mentored if any of us were of a mind to solicit and correct all eleven copies and original by us through the intricacies of our chosen then listen to the offered guidance. manually removing the assembled sheets profession. They were the driving forces in our from the carriage, erasing or whiting out You know the type—usually an older practices, acquainted with everyone in (on onionskin thick paper, correctly re- lady; stately, dignified, professional. town. They knew the protocol of the aligning the sheath of eleven pages and Thirty-plus years on the job, and still day, when flowers were or were not carbon paper, and re-positioning the paper going strong. Not unlike your senior appropriate, to whom a card of condolence so the corrected letter or number fell into English teacher in high school. Perhaps not or congratulation ought to be sent, who place). Woe unto the young lawyer who quite as stern, but nevertheless requiring might need a little charitable financial needed to re-draft a letter more than respect—by her obvious competence, by assistance in time of need, always discrete once because of an un-anticipated but the way she carried herself, by the way and without a call for fanfare or a need nevertheless foreseeable drafting problem. she dressed, by her desk, by her glasses. for attention. They knew which clients Older lawyers knew better. Imagine the And she was friendly, not overly so, but we wanted to keep, and they knew the impact the technology of the day had on nevertheless friendly and outgoing. And prospective clients with whom we wanted real property conveyances (with abstracts helpful to a brand new lawyer. Suggesting to establish a relationship. Today we might rather than title insurance), on banking and the formats we used for a probate, the term that “marketing”; yesterday it arose other commercial transactions, and on the form for a will, what was required for a out of a genuine concern for those in need, evidentiary foundation for authenticity and deed or a contract that we didn’t learn in a concern probably best understood by admissibility of documentary evidence; law school, or providing an old file with those who survived the Great Depression let alone the efficient preparation for similar factual or legal issues, so we could with a modicum of pride and resilience. or conduct of a trial (including jury learn how it was supposed to be done. Often as not they came from modest instructions) without the voluminous And carefully pointing out that we always backgrounds, not able to attend formal copies of exchanged documents we now read each metes and bounds description education for financial, health or family take for granted. out loud to another staff member or reasons. They may have worked days The IBM Selectric II typewriters were lawyer, and then lightly initialed in the to be able to afford a semester or two of creations of the ‘60s with wonderful new margin, by pencil, that we had done so; vocation school, mastering shorthand features—no manual return, the space that we had done our job—completely, and typing, both supported by a solid required for each digit or letter adjusting, accurately, competently. Today we call it foundation of English. and each line expanding or contracting to due diligence, but it has always been there Formal communications between minimize hyphenation while maintaining for the people who really make our offices lawyers, or between lawyers and the appropriate margins.
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