Bowling with Barbarians an Exploration of Implicit Bias Experience Barbookstm on Any Device

MAY 2016

Bowling with Barbarians An Exploration of Implicit Bias Experience BarBooksTM on Any Device

Big or little, phone or tablet, laptop or desktop. Screen size won’t matter with the responsive new BarBooks™ website, set to launch in June 2016.

New content is also coming to BarBooks™. Along with the library of legal publications — with updated chapters added weekly and content hyperlinked to caselaw in Fastcase — members will now have access to a new collection of CLE seminar handbooks. Browse through the entire library, add your bookmarks, and search any or all of the available sources. It’s another OSB member benefit.

Experience BarBooks on Any Device “Implicit bias” refers to the way our unconscious attitudes cause us to veer from neutrality. Research tells us that we are mostly unaware of these attitudes — in fact, they are probably inconsistent with our consciously held beliefs, which makes it difficult to apprehend our unconscious biases, let alone correct them. Lawyer and writer Jennie Bricker explores the topic of implicit bias — how it manifests itself in language, traditions, actions — in this

iStock month’s cover article.

FEATURES 17 Bowling with Barbarians An Exploration of Implicit Bias By Jennie Bricker 22 When You Die, Will Your Digital Assets Go to Hell? Understanding Digital Property By Sharon D. Nelson & John W. Simek

COLUMNS 9 Bar Counsel 30 Legal Practice Tips Navigating the Contours: A Better Way: The Ethics of Pro Bono Creating Effective By Mark Johnson Roberts Visual Presentations By Kelly L. Andersen 13 The Legal Writer E-Communication Etiquette: 62 Parting Thoughts Notes on Electronic The Strange Life Professionalism of ORS 1.050 By Elizabeth Ruiz Frost By James R. Hargreaves Big or little, phone or tablet, laptop or desktop. Screen size won’t 28 Profiles in the Law ™ matter with the responsive new BarBooks website, set to launch An Advocate’s Journey: Anne Hill Tackles in June 2016. Alzheimer’s Disease’s Growing Toll on Families ™ New content is also coming to BarBooks . Along with the library of legal By Melody Finnemore publications — with updated chapters added weekly and content hyperlinked to caselaw in Fastcase — members will now have access to a new collection of CLE The Oregon State Bar Bulletin (ISSN 0030-4816) DEPARTMENTS seminar handbooks. Browse through the entire library, add your bookmarks, and is the official publication of the Oregon State Bar. The Bulletin is published 10 times a year (monthly 5 Letters 44 Bar People search any or all of the available sources. It’s another OSB member benefit. except bimonthly in February/March and August/ Among Ourselves September) by the Oregon State Bar, 16037 S.W. 7 Briefs Upper Boones Ferry Road, Tigard, OR 97224. The Moves Bulletin is mailed to all members of the Oregon State 36 Bar News In Memoriam Bar, a portion of the dues for which is allocated for the purpose of a subscription. The Bulletin is Lawyer Announcements TM 38 OSB CLE also available by subscription to others for $50 per 54 Classifieds Log in to BarBooks at www.osbar.org year, $90 per two years, within the United States. 40 Bar Actions Individual copies are $5; back issues are $5 each, 59 Attorneys’ Marketplace when available. Periodicals postage paid at Portland, Discipline Oregon 97208. POSTMASTER: Send address changes to Oregon State Bar, P.O. Box 231935, Applications Tigard, OR 97281-1935. 4 OREGON STATE BAR BULLETIN • MAY 2016 LETTERS

typically the only one drawing attention service contributed to his early demise, to the fact. but that certainly occurs often. A tie is no more an anachronism than D. Eric Woodard, Lake Oswego a pair of shoes. If it is all the same to you, I will continue with the morning pleasure We Love Letters of selecting a tie from my collections by The Bulletin welcomes letters. In gen- Don Loper, Bill Blass and Jerry Garcia. eral, letters should pertain to recent ar- Frank de la Puente, Salem ticles, columns or other letters and should be limited to 250 words. Other things to Let It Snow keep in mind: The February/March 2016 letters Letters must be original and addressed section notes that clients “agreed to the to the Bulletin editor. We do not reprint urine text in the face of the threat.” I’m letters addressed to other publications, to guessing that was the source of the yellow other individuals, to whom it may con- writing in the snow, eh? cern, etc. Preference is given to letters responding to letters to the editor, articles Al Larsen, Arlington, Va. or columns recently published in the Bul- letin. iStock Remembering Wally Ogdahl Letters must be signed. Unsigned or I read with interest the In Memoriam anonymous letters will not be published. The Anachronism That Won’t Die piece (January 2016) regarding Wally Og- (There are exceptions. Inquire with the I am raising a defense to Brian B. Wil- dahl (no one ever called him William). He editor.) Letters may not promote indi- liams’ indictment of the necktie (Parting and I were classmates in high school in Sa- vidual products, services or political can- Thoughts, January 2016) and oppose Matt lem long ago. I thus feel an obligation to didates. All letters must comply with the Taylor’s idea of eliminating the necktie mention an additional facet of his life that guidelines of Keller v. State Bar of Califor- as an anachronism (Letters, February/ was omitted. nia in that they must be germane to the March 2016). Wally graduated from OSU in 1967. purpose of regulating the legal profession The necktie is the only element of He then entered the Marines, being com- or improving the quality of the legal ser- a male lawyer’s courtroom attire where missioned a second lieutenant after offi- vices available to the people of Oregon. color is acceptable. It is a fashion state- cer candidate school. He served in Viet- Letters may be edited for grammatical ment. We like fashion statements don’t nam as a forward observer, a dangerous errors, style or length, or in cases where we? Work with me here! job, which entails being close enough to language or information is deemed unsuit- A blue suit with white shirt would where artillery rounds are landing to di- able or inappropriate for publication. Pro- look bland without a tie. As for “appro- rect fire and gauge the effect. (The artil- fane or obscene language is not accepted. priate attire” under UTCR 3.010, try lery can be miles to the rear in a position We strive to print as many letters as a dark suit, clean and polished leather of relative safety.) He served three years possible. Therefore, brevity is important, shoes, pressed shirt and a tie, or no tie. and attained the rank of captain. He was and preference will be given to letters that Messrs. Williams and Taylor are free also awarded a Bronze Star for valor. are 250 words or less. Letters become the to show up in court without a tie and still I feel this aspect of his life deserves property of the Oregon State Bar. Au- be appropriately dressed. I have never mention. Both OSU and OSB have a long thors of rejected letters are notified by the heard a judge criticize a lawyer for failure history of military service. Such sacrifice editor. to sport a tie. You may have noticed that of time (and often one’s body) deserves Send letters to: Editor, OSB Bulletin, the lawyer who shows up without a tie is mention and homage. I do not know if his P.O. Box 231935, Tigard, OR 97281.

HOW TO REACH US: In Oregon, call us toll-free at (800) 452-8260. In the Portland area and outside Oregon, our number is (503) 620-0222. The fax number is (503) 684-1366. Email addresses and voice mail extension numbers for Bulletin staff are: Paul Nickell, editor, [email protected] (ext. 340); Julie Hankin, associate editor, [email protected] (ext. 391); and Spencer Glantz, classified advertising and lawyer announcements, [email protected] (ext. 356). ADVERTISING: For display advertising rates and information, please contact our display advertising representative, Paul Vollmar, LLM Publications, (503) 445- 2222; (800) 657-1511 ext. 2220; email: [email protected]; website: www.llm.com. For classified and lawyer announcement advertising rates and information, please call Spencer Glantz at OSB, (503) 620-0222 or toll-free in Oregon, (800) 452-8260, ext. 356; email: [email protected].

MAY 2016 • OREGON STATE BAR BULLETIN 5 6 OREGON STATE BAR BULLETIN • MAY 2016 BRIEFS

program, participants will hone their trial victims and protect their rights. skills in a small group setting where each This year’s conference, themed “Imag- participant will receive individualized at- ine: Every Victim. Every Right. Every tention. The program will address some Case,” features plenary sessions, break- of the unique challenges women face in out sessions and roundtable discussions the courtroom and train them to turn per- addressing a wide range of topics critical ceived disadvantages into strength and to understanding how victims’ rights fit winning strategies. within the justice system. Enhance your The academy will be held Friday practice by learning about rights enforce- and Saturday, Oct. 7-8, at Willamette ment and other legal issues impacting University College of Law. Partici- crime victims through sessions taught by pants must first download and complete the leading legal experts in the field. For the application form at www.tinyurl. full details, visit www.navra.org. com/2016WomensTrialAcademy and submit it to KarieTrujillo@MarkowitzHerbold. Race for Justice Set for June 18 com no later than Friday, June 3. Partici- St. Andrew Legal Clinic will hold its pants must be members of the Oregon 16th Annual Race for Justice on June 18 State Bar and Oregon Women Lawyers. at Madeleine Parish in Portland. The race iStock will begin at 10 a.m., with activities to fol- Marion County CourtCare Benefit to Be Held June 10 Multnomah Bar Annual Meeting, Dinner Set for May 19 The Mary Leonard Law Society and Surety Solutions invite you to a Monte By the Numbers The Multnomah Bar Association will Carlo Casino Night on June 10 to bene- host its 110th Annual Meeting, Dinner fit Marion County CourtCare. CourtCare Law Firm Diversification and Judges Reception on May 19 at the provides free, quality child care in a safe, Portland Marriott Downtown Waterfront. licensed, fun environment so parents or Continues at a Slow Pace Over 500 guests are expected, making this guardians can attend court proceedings. The Minority Corporate Counsel As- an ideal opportunity for judges and law- CourtCare keeps children from witness- sociation and Vault have conducted yers and other members of the legal pro- ing tense and disturbing court proceed- surveys since 2004 to measure de- fession to network and socialize. Awards ings. This protects children, permits care- mographics and diversity in the legal will be given for merit, pro bono work and givers to focus on court-related business profession. The latest survey released professionalism. and reduces disruptions in the courtroom. in 2016 includes data collected in A free, no-host judges’ reception be- This special event will be held at the 2015 on who makes up the Amlaw gins at 5 p.m., with the dinner program Eola Viticulture Center, 215 Doaks Ferry 100 and a majority of the NLJ 250 beginning at 6 p.m. Tickets are $100 per Road N.W. in Salem, 6:30-10 p.m. Tick- law firm population: person. Sponsor tables and additional ets are $50 at the door, with discounts sponsorship opportunities are available. for early registration online at www.mary Members of the legal community will be leonardlawsociety.org. If your firm is inter- 33.98Percent were women attorneys. recognized, including Bonnie Richardson, ested in sponsoring the event, contact the 2016 MBA Professionalism Award Stephanie at [email protected]. 14.99Percent were minority attorneys. recipient. Find more details and register online at www.mbabar.org. National Crime Victim Law Conference Slated June 10-11 7.4Percent of women of color. Apply to Women’s Trial Academy The 2016 National Crime Victim by June 3 Law Institute will be hold its 15th An- To read a summary of the 2015 sur- The Rothauge & Kaner Women’s nual Crime Victim Law Conference in vey, as well as trends over the past Trial Academy, sponsored by Oregon Portland on June 10-11. The conference eight years of data collection, visit Women Lawyers, is designed for young is primarily designed for attorneys to ac- www.tinyurl.com/DiversitySurvey women litigators with three to six years of quire and enhance their knowledge and PDF2015. experience. During the two-day intensive the practical skills necessary to best serve

MAY 2016 • OREGON STATE BAR BULLETIN 7 Quotable May 2016 “Sometimes, the [government’s] motivation to do right kind of takes precedence over civil liberties. Everybody’s real Editor fond of the First and Second Amendments. But people tend Paul Nickell

to skip over the Fourth, Fifth, Sixth and Eighth. We look out Associate Editor for those.” Julie A. Hankin —Russell Barnett III, Portland criminal defense attorney, commenting about the legal type of work he and his friend, the late Stuart Sugarman, are known Art Director for. Sugarman was legendary for advocating the constitutional protections of Sunny Chao the accused, often pro bono. He died unexpectedly in March of diabetes-related complications at the age of 52. OSB Officers Source: Oregonian, March 31, 2016, online at www.oregonlive.com/opinion/index. President ssf/2016/03/stuart_sugarman_and_why_justic.html. Ray Heysell, Medford

President-Elect Michael D. Levelle, Portland

Immediate Past President low. For more details — and to register to volved in some aspect of administrative run — visit www.salcraceforjustice.org. adjudication with training, a chance to Richard G. Spier, Portland acquire new information and new skills, Hearing Officials Conference Board of Governors an opportunity for networking and a fo- Will Be Held Sept. 11-14 John R. Bachofner, Vancouver, Wash. rum in which to meet and discuss ideas James C. Chaney, Eugene The National Association of Hearing and issues impacting the administrative Officials, a professional nonprofit orga- hearing process. Christine R. Costantino, Portland nization seeking to improve the admin- Robert J. Gratchner, Portland istrative hearing process, is holding its This year’s conference will be held Guy B. Greco, Newport 2016 Annual Professional Development at the newly renovated Portland Mar- Conference in Portland Sept. 11-14. This riott Downtown Waterfront. If you are Johnathan E. Mansfield, Portland annual gathering provides NAHO mem- involved in any aspect of administrative Vanessa A. Nordyke, Salem bers, attorneys involved in the practice adjudication, you’re invited to attend. For Ramón A. Pagán, Hillsboro of administrative law and all who are in- more information, visit www.naho.org. Per A. Ramfjord, Portland Kathleen J. Rastetter, Oregon City Julia C. Rice, Salem Joshua L. Ross, Portland Kerry L. Sharp, Lake Oswego Katherine von Ter Stegge, Portland Charles A. Wilhoite, Portland Timothy L. Williams, Bend Elisabeth Zinser, Ashland

Executive Director Helen Hierschbiel

Communications Director M. Kay Pulju

8 OREGON STATE BAR BULLETIN • MAY 2016 BAR COUNSEL

The Ethics of Pro Bono

Navigating the Contours By Mark Johnson Roberts

type of pro bono service. Each law- ethical implications, you, too, may be yer in Oregon should endeavor an- reaching for the needles. nually to perform 80 hours of pro First of all, offering services at a chari- bono services. Of this total, the ty auction is not the provision of pro bono lawyer should endeavor to devote services. Presumably, the person who pur- 20 to 40 hours or to handle two chases the services will be able to pay for cases involving the direct provi- them; indeed, given the charitable nature sion of legal services to the poor, of the activity, individual items often sell without an expectation of com- at these auctions for more than their fair- pensation. If a lawyer is unable to market value. Although this is a form of provide direct legal services to the donation to charity, the lawyer is neither poor, the lawyer should endeavor providing legal services nor making a fi- to make a comparable financial nancial contribution to the organization contribution to an organization that hosts the auction. And offering legal that provides or coordinates the services to an unknown client is fraught provision of direct legal services to with ethical problems. the poor. A lawyer’s first duty is to provide com- Oregon State Bar Bylaws, § 13.1 (Nov 20, petent representation. RPC 1.1. A law- iStock 2015). yer who has neither met the clients nor he American Bar Association ex- horts all lawyers to provide pro Lawyers are often asked to provide pro bono legal Tbono legal services: “Every lawyer has a professional responsibility to services by directly accepting a client representation — provide legal services to those unable to pay. A lawyer should aspire to render at by donating legal services to charity or by serving on a least 50 hours of pro bono publico legal services per year.” American Bar Associa- nonprofit board. Here is what you should know. tion’s Model Rules of Professional Conduct (1983), Rule 6.1 (amended 2002). Oregon has not adopted Rule 6.1, but instead has This article will explore the ethical evaluated their needs cannot assure com- placed the aspirational pro bono standard contours of two ways lawyers are often petence. The nature of an auction makes for Oregon lawyers into the bar’s bylaws: asked to provide pro bono legal services this difficult. Even an offer the lawyer — Pro bono publico or pro bono ser- other than by directly accepting a client or a layperson — considers circumscribed vice includes all uncompensated representation — by donating legal ser- (“a simple will”) can easily mean different services performed by lawyers for vices to charity (i.e., through an auction things to different people. The purchasers the public good. Such service in- or similar vehicle) and by serving on a will have paid for the services before ever cludes civic, charitable and public nonprofit corporate board. meeting the lawyer and will expect repre- service activities, as well as activi- sentation based on what was told to them ties that improve the law, the legal The Charity Auction at the auction and their own interpreta- system and the legal profession. As a former divorce lawyer, this was tion of what those words meant. The direct provision of legal ser- one I generally escaped, although I have Identifying the problem in this way vices to the poor, without an ex- knit a couple of sweaters for charity auc- raises a second area of concern, which is pectation of compensation, is one tions. And after thinking through the truthfulness in communications about the

MAY 2016 • OREGON STATE BAR BULLETIN 9 AMONG OUR- SELVES

Need help with a big case? Want to take a vacation? Contact the OWLS Contract Lawyer Service. We can help! lawyer’s services. RPC 7.1 provides: “A lawyer shall not make a false or mislead- Contact us with project/job information. ing communication about the lawyer or We immediately post the announcement to our the lawyer’s services. A communication contract lawyer listserve. You are promptly contacted is false or misleading if it contains a ma- by contract lawyers who meet your criteria. No fee to terial misrepresentation of fact or law, or post jobs or projects. You pay the contract lawyer you omits a fact necessary to make the state- hire. OWLS contract lawyers are statewide. ment considered as a whole not materially Many levels of experience. Many types of expertise. misleading.” Because of the obligations of RPC 7.1, a lawyer should be careful to For more information or to post a job, contact draft an accurate written description of Diane Rynerson: (503) 841-5720 or [email protected] the scope of legal services offered. If the lawyer plans to charge for services after a certain amount of work is performed, the lawyer should be careful not to describe the work as a fixed fee service. Finally, there are the conflict-of-interest rules to consider. RPC 1.7; RPC 1.8; RPC 1.9; RPC 1.10. Recall that, in Ore- gon, the test for formation of an attorney- client relationship is relatively easy to satisfy. It is based on the client’s subjective expectation, “accompanied by evidence of objective facts on which a reasonable person would rely” as supporting the existence of the relationship. In re Weidner, 310 Or 757, 770 (1990). When we form attorney-client relationships with per- 2 OREGONSTATEBARBULLETIN MONTHYEAR sons unknown, we should not be surprised when conflicts of interest develop. If offering services at a charity auction, the services description should note that the lawyer may only provide services after a client passes through an initial screening for conflicts. A savvy lawyer-donor will explain to the client what will happen in the instance that the lawyer is not able to provide services because of a conflict or some other reason. As long as the putative client pays the charity directly and the lawyer does not give the charitable organization a portion of the legal fees later paid by the client, a donation of lawyer services to a charitable auction is unlikely to amount to improper fee sharing. RPC 5.4(a).

The Nonprofit Board Another way that a lawyer may engage in charitable activity is through service on a nonprofit board. The first question a lawyer should ask about serving on a nonprofit corporate board is whether the lawyer will also be representing the corporation by providing legal advice. RPC 1.13(a). In some cases, the answer will be apparent; the lawyer may already

10 OREGON STATE BAR BULLETIN • MAY 2016 represent the corporation, for example, or someone in their law firm may do so. In other cases, the lawyer may need to set strict boundaries in order to avoid forming an attorney-client relationship. Otherwise, the nonlawyer members of the board may assume that every com- ment by the lawyer-director is legal advice, rather than a business or practical suggestion. See OSB Formal Ethics Op No 2005-85. Because the existence of a lawyer-client relationship is tested by the potential client’s reasonable expec- tations, a lawyer who gives professional opinions may inadvertently create a lawyer-client relationship with the organization. In re Weidner. Once that relationship is established, the lawyer has ethical responsibilities to the client under the rules of professional conduct. Accordingly, a lawyer who wishes to avoid the dual roles of lawyer and director must avoid offering opinions that could be misunderstood as legal advice. The lawyer should be cautious about commenting on legal matters facing the board, other than to suggest that legal advice be sought. A lawyer may provide general information about the law or potential legal issues, but may not give any opinion about how the law will apply to the organization’s particular activities. Provided the lawyer- director has previously expressed a clear intention not to be the organization’s lawyer, it is not likely that the organization could make the case that it reasonably understood the relationship to exist. Even without an attorney-client relationship, a lawyer serving on a charitable board must be alert to potential conflicts with the interests of actual clients. If making recommendations about charitable gifts is part of the legal services a lawyer is providing to a client, a lawyer serving on the board of a nonprofit organization might be influenced to advise the client to make a donation to that organization, whether or not the gift is in the client’s best interest or best serves the client’s goals. See OSB Formal Op No 2005-116 (2005). Lawyers are generally prohibited from representing a client when there is a substantial risk that the lawyer’s representation of the client will be materially limited by the lawyer’s own personal interest in the matter. RPC 1.7(a)(2). The prudent

MAY 2016 • OREGON STATE BAR BULLETIN 11 lawyer should always treat a client’s donation to a charity, where the lawyer also serves as a board member, as a self-interest conflict situation. The representation is permitted only if the lawyer reasonably believes that the lawyer can provide competent and diligent representation, and if the client consents in writing after being advised of the risks inherent in the situation. Oregon RPC 1.7(b); see also OSB Formal Op No 2005-116 (2005). Where the lawyer does represent a nonprofit, the ethical considerations are considerably more complex. First of all, the lawyer’s professional duty is to the corporation itself and not to the board or any of its members. See RPC 1.13(a); OSB Formal Op No 2005-85 (2005). Again, self-interest conflicts are the key. A self-interest conflict might arise, for instance, if the organization is contem- plating a course of action where the lawyer’s personal support for, or opposition to, the action might make it difficult for the lawyer to provide objective advice about the potential legal risks. Another example is where the board may be vot- ing on the employment of the lawyer or the lawyer’s firm as corporate legal counsel. Finally, if asked to provide advice about the lawfulness of a prior decision by the board in which the lawyer-director participated, that lawyer may not be able to offer the best independent legal judgment on the issue. If at any point there is a significant risk that lawyer’s service on the nonprofit board will materially limit the lawyer’s representation of the nonprofit, the lawyer may not act as counsel unless the lawyer can provide diligent and competent advice to the nonprofit, and the entity consents after full disclosure. OSB Formal Op No 2005-91 (2005). Finally, a lawyer serving both as lawyer and director must be aware that the lawyer may learn information while serving on a nonprofit board that triggers an obligation to share information with the nonprofit’s authorized constituents. RPC 1.13(b). Mark Johnson Roberts is deputy general counsel for the Oregon State Bar. He can be reached at (503) 431-6363 or mjohnson@ osbar.org. Ethics opinions are published and updated www.osbar.org/ethics/bulletin barcounsel.html.

12 OREGON STATE BAR BULLETIN • MAY 2016 THE LEGAL WRITER

Notes on Electronic Professionalism

E-Communication Etiquette By Elizabeth Ruiz Frost

whether this type of messaging is appropri- sional email. Haven’t we all received those ate at all. A managing partner at my law rambling emails at work addressed to “you firm always advised new associates to think guys” and devoid of capital letters? With twice before sending an email (this was be- communication becoming more casual in fore text messaging was even on the table). the U.S. generally, expect those types of In addition to relaying the usual horror messages to increase in the workplace. stories of mistakenly sent or mistakenly A professional email ought to be no forwarded emails containing confidential different from a letter, except that it’s re- or embarrassing information, she warned ceived faster. The speed with which it’s us of two things. delivered and the postal-free delivery need First, email can be isolating. New as- not impact the quality and style of its con- sociates would forge stronger relationships tent. Younger generations tend to struggle with senior attorneys, opposing counsel, with this, and I don’t know why. I have ill- and clients through actual, face-to-face formed theories to explain it (laziness, vio- conversations than through trading emails. lent video games, vitamin D deficiency…). Those relationships would help a young One day I will understand why email feels lawyer’s career in the long-run, even if it to some like a writing free-for-all when a meant adding a 30-second walk to the next traditional letter does not. In the meantime, I will continue to beg writers to be-

iStock office in the short-run. lieve that email is a form of legal writing. Second, email can be incomplete. Sure, lectronic communication has be- the email sender might have her question When composing an email, follow the come a significant element of legal answered quickly via email. But the email same conventions of organization, style practice. Fewer discussions with E exchange might not lead to related (and and tone that you would when composing counsel and clients are had in person sometimes more important) questions, a traditional letter. or by telephone. Legal analyses are fre- which might likely come up in a conversa- • Organization quently communicated via email instead tion. Better lawyering comes from dialogue. A professional email should contain all of through the traditional printed memo- Talking through an issue can uncover ideas the elements of a letter. randum. Even text messaging is becoming that weren’t obvious at the outset. Email, 1. Greeting. Begin emails with a more commonplace in professional com- which is simply an exchange of mono- formal greeting. “Hey” is not a munication. logues, may leave those ideas obscured. formal greeting, for the record. Most of us feel fairly comfortable with So some conversations just might not “Dear” and “Hello” work. these media in our personal lives, and many be as well suited for email. On the other 2. Introduction. An email of any of us can successfully navigate the transi- hand, sometimes email can be a clear, ef- length should begin with an in- tion from traditional letters and memos to ficient way to communicate information. troductory sentence or paragraph emails and texts in our professional lives. After all, as compared to live conversation, to give your reader context. And As we make this transition, we might want it gives the writer an opportunity to think if an email will cover multiple to ask whether we’re using the right medi- carefully about wording. And it gives the subjects, that introduction should um for the particular discussion, and are we reader the opportunity to read and reread lay out each subject in the order it sacrificing part of our professional integrity so he doesn’t miss anything. Once you’ve will be discussed, like a roadmap in the way we’re using it? determined that email is the right medium, to the rest of the letter. make it good. 3. Structure. The body of an email Is Email the Right Medium? should be divided into paragraphs Before we consider the content of an Professional Emails by topic with thesis sentences email or text message, we should consider Next, consider what goes into a profes- beginning each paragraph. Of

MAY 2016 • OREGON STATE BAR BULLETIN 13 course, a very short email may not text message. In those instances, text mes- require paragraphing. sages should be limited to a small universe 4. Closing. Unsurprisingly, requests of communications, like brief responses are clearer when they are explicit. to straightforward questions or scheduling If the writer wants a reply, the matters. A lot of messages are just plain in- email should make that clear. If appropriate for texting: the reader needs to take some ac- 1. Confidential or private information, the writer should state that. tion shouldn’t be sent via text. To avoid miscommunications, Text messages are easily sent to the writer should politely suggest the wrong person and/or forward- a deadline for a response, if appro- ed. And phones are too easily priate. shared, lost or stolen to be con- 5. Closing/Signature. Send your sidered private. reader off with a courteous clos- 2. Bad news, sad news or good news ing and a signature. should be shared with a client in • Style person or by telephone. Telling a Writers should take the same care they client “You owe the IRS $25,000” would take crafting a memo or traditional via text is inappropriate. letter when drafting an email. The rules of 3. Complicated legal analysis should grammar and punctuation apply equally be conveyed in person or by letter to electronic writing and traditional writ- or memo. Don’t try to shorthand ing. I worked with an escrow agent who a long answer via text. If a client used nothing but ellipses to punctuate her asks you a complicated question, emails. In letters, she used periods, commas you might simply respond, “This and even a semicolon or two. But in email, conversation is better suited for a ellipses only. Our relationship was equally telephone conference. Should I formal regardless of her medium, so switch- call you at your office?” ing styles made no sense. Finally, using a different medium • Tone doesn’t change the relationship between Emails are particularly prone to mis- attorney and client. Lawyers should always communication. They have a much worse maintain a high level of professionalism reputation than traditional letters for this. and formality when communicating with I don’t think that can be attributed to clients. Therefore, common text message anything inherent to the medium; after abbreviations, lack of capitalization and all, writing is writing. I suspect miscom- nonsensical punctuation should be tossed munication arises in part because writers out. Write a text message with the same don’t spend as much time drafting emails. proper grammar and style as you would But the same care to create the right tone write a formal letter. If that seems overly — word choice, introductions and other burdensome for the text message, take that courtesies — should go into all professional as a sigh that a text is not appropriate in correspondence. that instance.

Text Messaging Clients Conclusion Next, we come to the age-old ques- Email and text messaging have made tion that legal writers have been asking life and legal practice easier and more ef- since the dawn of about 2008: is it okay ficient in some ways. But the legal profes- to text message clients? I say no, but I am sion stands to lose something — both in a curmudgeon. If I had my way, all corre- the quality of legal work and the collegial spondence would carry a wax seal and be nature of our profession — if lawyers rely hand-delivered by courier. But I’m willing too much on these tools, isolating our- to accept that I might be on the wrong side selves from our colleagues and clients. of history here. Next time you open up a new email to begin writing, consider whether an in-person A more measured approach might be or telephone conversation would better to adopt the Golden Rule: text unto others serve you. only if they have texted unto you. If a client has communicated via text message, it Elizabeth Ruiz Frost teaches at the Uni- may very well be appropriate to respond via versity of Oregon School of Law.

14 OREGON STATE BAR BULLETIN • MAY 2016 MAY 2016 • OREGON STATE BAR BULLETIN 15 iStock

16 OREGON STATE BAR BULLETIN • MAY 2016 BOWLING with BARBARIANS An Exploration of Implicit Bias

By Jennie Bricker

he use of gutter guards at the bowling alley is considered unsporting unless you are six years old. That is unfortunate, because few sports moments cause greater mortification than throwing a gutter ball. It could be worse:T Imagine you are playing the “game of bowls,” on a bowling green instead of in an alley, with ditches instead of gutters. The balls are not perfectly round but misshapen. They are also weighted unevenly. Consequently, they swerve. They are said to have bias.

The game of bowls dates back to the 13th century, but the word bias entered the English lexicon in the 16th century, as a technical term to refer to the swerving of lawn bowls. About 50 years later, the word took on a figurative meaning, to describe what people do when they act like lawn bowls, when they exhibit a predisposi- tion or a prejudice; when they swerve in a predictable direction.

Bias (in its figurative sense) is usually bad, especially when it makes us behave unfairly. New provisions of the Oregon Rules of Professional Conduct took effect in February 2015, including an amendment to RPC 8.4 that makes it professional misconduct for a lawyer to “in the course of representing a client, knowingly in- timidate or harass a person because of that person’s race, color, national origin, religion, age, sex, gender identity, gender expression, sexual orientation, marital status, or disability.”

MAY 2016 • OREGON STATE BAR BULLETIN 17 BOWLING with BARBARIANS

The new rule outlaws “knowing” behavior stemming from decision about hiring, a vote for or against partnership admission. consciously held, biased beliefs about protected groups. The “Given the critical importance of exercising fairness and equality amendment is based on an American Bar Association model in the court system, lawyers, judges, jurors, and staff should be rule that prompted concern from ABA President Paulette particularly concerned about identifying [implicit bias],” accord- Brown about use of the word knowingly. “I’m troubled by its in- ing to Kang. clusion in the rule,” she told the ABA ethics committee during Short of becoming amateur philologists, how can we ferret the association’s 2016 meeting.1 out our biases? Luckily, semantic change is not the only window In 2012, labor and employment attor- into the mysterious workings of unconscious thought. ney Barbara Diamond founded Diamond Law Training, specifically focused on the issue of Pavlov’s Dogs and the Power of Association unconscious or implicit bias. Diamond, who Russian scientist Ivan Pavlov won a Nobel Prize in 1904 for produces films, conducts CLEs, and does orga- his work on the physiology of digestion, but his most lasting fame nizational consulting, believes the work is es- arose from his experiments with drooling dogs. In measuring the sential in a post-civil rights movement world, dogs’ saliva production, he discovered that they began to salivate because “the bulk of discriminatory outcomes” do not result in anticipation of receiving food. Then, he found that if a bell from overt, explicit bias, but rather from attitudes we are not sounded each time a dog was fed, the animal began to salivate 4 aware we possess. when the bell rang — whether or not food was forthcoming. The dogs had learned to associate the sound of the bell with the Strangers in a Strange Land prospect of lunch. Implicit bias refers to the way our unconscious attitudes cause The principle of association works in human brains, too, pro- us to swerve, like the lawn bowl, away from a path of perfect viding us with time-saving shortcuts. The shortcuts rely on the neutrality. We are mostly unaware of these attitudes; in fact, idea that “any two concepts that are closely associated in our they are probably inconsistent with our consciously held beliefs.2 minds should be easier to sort together.”5American psychologist UCLA law professor Jerry Kang observes that “we are lousy at J. Ridley Stroop demonstrated the principle in the 1930s with introspection.” 3 That makes it difficult to apprehend our uncon- color and word associations: He presented subjects with the scious biases, let alone correct them. One window into a society’s words blue, green and red, and asked them to identify the color collective biases is through adaptations that occur in its language. of the word. The word blue might be printed in blue, or it might The process of semantic change, for example, functions as a kind appear in red. People performing the “Stroop task” require much of linguistic Freudian slip, revealing our most basic beliefs. For example, we do not trust strangers. Consider the Latin word hostis, root of the English word host, as in a “host of people.” Host has neither a good nor bad connota- tion; it is neutral. But hostis is also the root of hostile. The same ” root yields both meanings because of a semantic change: Hostis, originally a neutral term for “stranger” or “foreigner,” shifted over The bulk of time to connote “enemy.” Another example: The English word barbarian means some- discriminatory one primitive and savage, probably violent. Like hostis, barbarian began its etymological journey as a neutral rather than pejora- outcomes do not tive word. It originated from barbaros, a neutral Latin term for a result from overt, foreign-speaking person. What these (and other) semantic shifts suggest is a cultural distrust and fear of strangers, an attitude pow- explicit bias, but erful enough to alter the meanings of words. But surely it is natural to be cautious of outsiders, comfortable rather from with one’s own folks. When you conjure up an image to match the word companion, chances are you picture someone who looks attitudes we are like you. Chances are you feel most at ease around people who share your ethnicity, religion, sexual orientation, gender identity not aware we and perhaps even gender. Nothing wrong with that. Suppose, however, you find yourself in a workplace or a court- possess. room filled with others who, however subtly, make you uncomfortable. Suddenly the potential arises that your discomfort affects an outcome: a judicial ruling, a prison sentence, a guilty verdict, a “

18 OREGON STATE BAR BULLETIN • MAY 2016 BOWLING with BARBARIANS

Research demonstrates that our templates — our unconscious less time to identify the color of words that are color-congruent associations — affect our behavior. For example, if we associate (red written in red, green in green) than to perform the same task the trait “frail” with the category “elderly,” we are unlikely to feel 6 with color-incongruent words, like the word red written in green. physically threatened if we encounter an old person, Kang ex- So, too, with people. The human brain is plains. Conversely, if we associate the trait “dangerous” with the adept at sorting data into categories — a critical category “Black men,” we may behave with suspicion. For some skill in an age of information overload. We use groups, our unconscious biases render people almost invisible. schemas, or templates, to process information, Attorney Kevin Erickson, who practices real to figure out how to act in a particular situation, estate and energy law, often “meets” his clients and to form split-second opinions about people 7 for the first time over the telephone. “Before that tell us how to behave in their company. my clients even meet me they know I’m an at- Erik Girvan, professor of law at the University of Oregon Law torney, and that’s been an advantage,” he says. School, describes the “Implicit Association Test,” which func- Erickson contrasts his professional relationships tions like the Stroop task, measuring reaction time. Instead of with the myriad social interactions in which he asking subjects to identify colors, however, the IAT pairs catego- is “treated much differently” by people who see him (or, it seems, ries and attributes. For example, test takers are able to quickly don’t see him) in his wheelchair. match the term “male” with “career” and “female” with “family,” but they typically take longer with pairs they perceive as “When someone sees me in the chair it completely changes incongruent — “male/family” or “female/career.”8 There are the way they treat me,” Erickson reports. “If I’m with my wife, for more than a dozen variations of the IAT, many of which evaluate example — say, checking into a hotel — 85 percent of the time preferences. Most test takers show a preference for thin over fat the clerk will speak to her instead of to me, and will often ask people, straight over gay, able-bodied over disabled, and young questions about me as though I’m not there.” over old (see sidebar). For example, 68 percent of test takers — According to Barbara Diamond, attorneys with disabilities of all races— associate negative terms with “Black” and positive also contend with invisibility within the legal community. “The terms with “White.” When African-Americans are subtracted disability community has been left behind in the ‘business case’ from the data, the figure jumps to about 80 percent, according to for diversity,” she says. “Most big firms don’t include disability as Professor Girvan. a category that will add value to their law firm.” Our unconscious biases show themselves in measurable disparities in treatment between groups. Lane Borg, executive di- Take the IAT rector of Multnomah County’s Metropolitan Public Defender You can test yourself at this website: Services, writes that “Racism is built into our criminal justice https://implicit.harvard.edu/implicit/takeatest.html. system; it is not the result of a few individuals deliberately acting in racist ways.”10 Citing the county’s recent “Racial and Ethnic Girvan notes that the “operating room riddle,” which has Disparities Report,” Borg concludes that “blacks in America are been around for decades, can still stump college-age audiences.9 effectively subject to a separate and grossly unequal criminal jus- A father and son are in a terrible car accident. The father dies at tice system,” even though the laws themselves are not explicitly the scene, while the son is rushed to the hospital and prepared for racist. “Today,” Borg writes, “we are perpetuating separation be- emergency surgery. The surgeon sees the boy lying on the table tween races through facially neutral laws enforced by people who and says, “I can’t operate on this child. He’s my son.” How is this consciously reject racism.” possible? The solution to the riddle is that the surgeon is the boy’s mother. The riddle still works because of the principle of associa- Getting Your Mind Out of the Gutter tion: We have a template for surgeon and that template is male. The news is bad, but not hopeless. As Professor Kang as- (An alternative solution to the operating room riddle is that the sures us, the science of implicit bias does not demand “throwing boy has two fathers, but that solution requires even more con- our hands up in resignation.”11 Instead, there are three basic centrated thought because our template for “parents” comprises a strategies that organizations and individuals can use to combat mother and father.) implicit bias. Portland attorney Clarence Belnavis, who The first strategy is to evaluate the impact. “You need to be is African-American, remembers waiting at a looking at outcomes,” suggests Barbara Diamond. “What are the counsel table, along with his gray-haired and numbers?” Looking at outcomes — such as diversity (or lack of white-skinned colleague, to argue a summary diversity) in hiring, retention and promotion — can help us rec- judgment motion in Marion County. The court- ognize that a problem exists. Clarence Belnavis advises fellow room deputy approached him and said, “You attorneys to “recognize that you have biases hard-wired in your can’t sit here. These tables are reserved for the system,” because a failure to do so “can get you sued, or get you attorneys.” The deputy had a template for “attorney,” and that an ethics charge.” It may also cost you business. template did not look like Clarence Belnavis. The second strategy is to create, where possible, systems or

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Kevin Erickson has also found that “getting to know someone is the key.” Barbara Diamond advises attorneys to educate ourselves about the experiences of those who differ from us. “If you’re already a reader, read,” says Diamond. “Meet some other people. Watch TED talks. Expand the things you already like to do.” “You have to be intentional,” says Belnavis. Lawn bowlers know the effect of bias in the lawn bowls they pitch across the green. They compensate accordingly. We can do the same with our own biases, provided we are willing to work at it. Consider the Stroop task. It is easy and quick to identify the color of the word green when it is written in green, because reading the word is a task that our brains have automated to the point of effortlessness. Conversely, identifying the color of the word green, when it is written in red, requires careful deliberation. The automated reading function must be turned off, and the con- scious mind — specifically, the prefrontal cortex — put to work to screen out the word and think only about its color. Inside an fMRI (functional magnetic resonance imaging) machine, experi- menters can watch Stroop task subjects “struggle to ignore the obvious answer.”14 It is the prefrontal cortex that “allows a person to reject the first impression when it’s possible that the first impression might be wrong. If the emotional brain is pointing you in the direction of a bad decision, you can choose to rely on your

iStock rational brain instead.”15 If this seems like a lot of trouble, compare it to the daily chore procedures that block the effects of implicit bias from decision of consciously conforming your behavior to the mainstream defi- making. For example, women musicians began enjoying greater nition of “normal.” In all of us, there are pockets of difference. professional success after orchestras instituted a “blind screen” Where we have gaps, we compensate. This suggests we are ca- during auditions.12 Belnavis, who is a partner at Fisher & Phillips, pable of learning. has his own systems for ensuring neutrality among clients and op- Beth Allen remembers how the gaps in her posing counsel. “I have a series of ‘base norms,’ such as wearing an awareness of popular culture manifested them- appropriate suit and tie, and I play them out no matter who I’m selves in her daily drives to Salem, where she dealing with,” he explains. carpooled to attend classes at Willamette Law He also makes a deliberate practice of rotating work among School. “My fellow carpoolers were ‘Seinfeld’ all associates at his firm, possibly an outgrowth of his own experi- fans who would reenact entire dialogues from ence as a junior attorney at a prior firm. Belnavis noticed that his the show during the drive. I had never watched fellow associate, a white man, had plenty of work assignments ‘Seinfeld’ — at my house in rural Myrtle Creek, we had to go from a senior partner, while Belnavis had none. “It was like I was outside and physically turn a 20-foot TV antenna if we wanted to invisible,” he remembers. He had a unique approach to solving change the channel — and there were only two channels. I just the problem: He went to the partner’s office and noted, “I’m not never got into TV or movies.” leaving until you assign me work.” He left with a file. “And then A self-described “hick,” Allen was the first in her working- it was okay,” he says. “Then he was great.” (Belnavis went on to class family to attend college. Her inexperience with television become Stoel Rives’ first African-American partner in 2001.) comedy made her feel “stupid” and “completely foreign,” but her The third strategy is individual: We can work to change our efforts to educate herself about the subtleties of the professional stereotypes and associations. “Social contact across social groups world had already begun years before. In 1986, she left the Army seems to have a positive effect not only on explicit attitudes but to manage a camera store in “posh-posh” Carmel, California. She also implicit ones,” writes Professor Kang.13 In other words, it had been there three weeks when the owner spotted her standing helps to get to know people. on a counter to reach a high shelf. He noticed she was wearing Clarence Belnavis agrees. “Once you know someone, you can white socks. put implicit bias behind you.” “He said in front of everyone, ‘You are wearing white socks.

20 OREGON STATE BAR BULLETIN • MAY 2016 BOWLING with BARBARIANS

Why do you think you can sell cameras to these people wearing white socks?’ He fired me on the spot. I was deeply, deeply humiliated, and it made me wonder whether I could really cross that chasm into the professional world.” Now on the bench of the Multnomah County Circuit Court, Judge Allen did succeed in navigating the span between her rural, working-class upbringing and the culture of the legal profession. She did it by purposefully New publications available educating herself: “I started looking at what other people were wearing, so I would not stand out.” for preorder — save 20% The ranks of “strangers” among us have always done whatever was necessary to understand mainstream culture. A failure to do Preorder your copies today by calling so threatens our success, perhaps our survival. We can all apply the order desk at (503) 431-6413 or the same skills to reprogramming our unconscious beliefs about the groups that the new Oregon ethics rule seeks to protect. by visiting the online bookstore at True, lawyers are advocates. It is part of our job to be biased osbar.org/legal pubs. in favor of our clients. Nevertheless, there is a presumed neutrality in the law and with those who practice law, even outside the judiciary. The very premise of the rule of law is that it protects everyone equally, and is applied evenly. The law is not a lawn bowl; the law does not swerve. Creditors’ Rights Jennie Bricker is a Portland-area attorney in private practice (Jen- and Remedies nie Bricker Land & Water Law, jbrickerlaw.com) and also a freelance writer doing business as Brick Work Writing & Editing LLC. She can 2016 Revision be reached at (503) 928-0976 or [email protected]. Preorder by May 16 Diamond Law Training offers CLEs and other anti-bias trainings around the state. For more information, contact Barbara Diamond at [email protected] or (503) 296-2614. You can visit DLT’s website at diamondlaw.org. DLT also produces documentary films about implicit bias. You can watch the provocative, 26-minute film “Reveal Oregon Formal Moments” at https://www.youtube.com/watch?v=ayBlSQxxKWM. Ethics Opinions Endnotes 1. James Podgers, “Proposed Rule that makes workplace bias an ethics 2016 Revision violation not going far enough, ABA president says,” ABA Journal (Feb. 8. 2016) (www.abajournal.com/news/article/proposed_rule_making_ workplace_bias_an_ethics_violation_doesnt_go_far_enough). 2. Erik J. Girvan, “The Science of Bias,” Implicit Bias CLE (Jan. 22, 2016). Oregon Rules of 3. Jerry Kang, “Implicit Bias: A Primer for Courts” (Aug. 2009) (www.ncsc. org/~/media/Files/PDF/Topics/Gender%20and%20Racial%20Fairness/ Professional Conduct kangIBprimer.ashx). 4. Robert B. Cialdini, Influence: The Psychology of Persuasion (1984, 1993) at 193-194. Annotated 5. Kang, supra. 6. Girvan, supra. 2016 Edition Preorder by June 16 7. Kang, supra. 8. Girvan, supra. 9. Id. 10. Lane Borg, “Racism is built into our criminal justice system,” The Orego- nian (Feb. 22, 2016) (www.oregonlive.com/opinion/index.ssf/2016/02/ racism_is_built_into_our_crimi.html). 11. Kang, supra. 12. Id. Visit osbar.org/legalpubs for links to 13. Id. the online bookstore, BarBooks™ and 14. Jonah Lehrer, How We Decide (2009) at 115. 15. Id. at 116. the Legal Publications Blog.

MAY 2016 • OREGON STATE BAR BULLETIN 21 Understanding Digital Property

uuuBy Sharon D. Nelson & John W. Simek

22 OREGON STATE BAR BULLETIN • MAY 2016 acebook only arrived on the scene in 2004. It seems to Microsoft has a Next of Kin process for email accounts — many, especially the young, as though it has been here if you provide an official death certificate, or proof of incapaci- forever, but it has not. Our children simply don’t re- tation, and proof that you are the next of kin or executor, you member a nondigital life. So much has changed in the can delete and close accounts or have their contents shipped to last two decades that we find ourselves trekking on unmarked you on DVD. Twitter will delete an account only after receiving paths in a new frontier. We now — and forevermore — will live proof of a user’s death. Basically, an online search for “What hap- in a digital world. Those who are disconnected haveuuu become di- pens to my (insert name) account when I die?” will give you links nosaurs, dying out slowly over time. Change is forced upon us. to online help. Most people have no understanding of the digital property they own, and even less understanding of what may happen to Estate Planning and the Challenges of Digital Assets those assets if they die or become incapacitated. Estate lawyers have only begun to think about planning for the disposition of a client’s personal and business digital property The Definition of Digital Assets in the last few years. We still lecture to lawyer audiences who Wouldn’t it be nice if we had a standard definition? Dream remain fundamentally clueless about how to handle digital assets. on. Even if we did, technology would continue to morph and our Digital property is often hidden from view. A client’s loved definition would be outdated. ones may have no idea what property exists or where to find it. We can’t even seem to agree on whether to call it “digital as- The best advice we can give clients is to keep a detailed list of sets” or “digital property” — for the moment, the terms seem to their digital property with access information — user name, pass- be used interchangeably. word, PIN, security question and answer, and who has access or Digital property is everywhere and what it constitutes is broad, at least how to access an “asset vault” of all of the required login including: email; texts; social media posts; blogs; online accounts data. This digital inventory will be useful to clients who can then (including real life value of some assets in virtual worlds such as prepare a digital property memorandum for their estate attorneys. Second Life); videos; passwords and IDs to access sites; data you Leonard Bernstein, the famous composer, died with his auto- may have on shopping, financial and other sites; electronic docu- biography (“Blue Ink”), in a password-protected file so secure that ments (think of your old tax returns as an example); online back- more than a decade later it still has not been accessed. ups; photo collections; airline miles; hotel rewards; books;, movie Many of us opt out of paper financial statements but without scripts and so on.. To the dismay of many, it does not include them, executors may not know of assets — or we may not know your iTunes music collection, e-book reader books or movies you of bills that need to be paid. We recommend keeping data in an downloaded because you purchase only a license; you don’t own encrypted electronic file for security and identity theft reasons, iStock the music, books or movies. The licenses typically expire when but making sure that someone you trust has the credentials neces- you die — and sometimes much sooner. sary to get to that document, which must be continually updated. If you think “pish, posh, what can these things be worth?” A password protected Word document or Excel spreadsheet is a bear in mind that 10 domain names have sold for $7-$35 million fairly simple and common solution. A password will encrypt the in the last 11 years. And that is only one kind of digital property! contents, but make sure you use a strong password. Consider how many millions are now held as digital currency in We continue to hear stories of a husband or wife who handles Bitcoin wallets. Good luck discovering those if someone is trying paying all the bills but doesn’t share the online banking creden- to hide them. tials with their spouse. Depending on the laws of your state, they It is beyond the scope of this article to tell you how each site or online provider will handle your data in the event of your death or incapacity. You actually have to read the terms of service (“ToS”) for each site to see whether an executor may have access to the data, may memorialize your site, may remove it, or whether your site will terminate automatically after a given period of inac- We recommend keeping tivity, etc. Even where an executor may be allowed some power data in an encrypted with relation to digital property, a court order may be required under the terms of service, which can make managing the assets a electronic file for security costly and lengthy process. and identity theft reasons, Recently, online providers have begun developing online tools to allow you to express your wishes — think of it as a digital but making sure that will – and these generally take priority over the ToS. Google’s Inactive Account Manager is a good example. By completing the someone you trust has the required form, you have control over what happens to your ac- credentials necessary to By Sharon D. Nelson & John W. Simek count. Facebook will memorialize your account but immediate family can request removal of the site. The user can also define a get to that document ... uuu Legacy Contact to manage a memorialized site and authorize the contact to download what you’ve shared on Facebook.

MAY 2016 • OREGON STATE BAR BULLETIN 23 iStock

may not be given access to the online account and may need a court order to get access to the actual bank account. We’ve seen an instance in Virginia where the wife, who was the executor, had to close the account and open a new one just to get control of the new account online. In the meantime, bills went unpaid and interest charges accrued while she sought legal help.

Those Pesky Terms of Service So what happens to the account of a deceased user? As clients create their digital property, they click and consent to the provider’s terms of services (ToS). Few people read the terms or know that they have agreed to policies which will apply upon their incapacity or death. Some companies state that allowing anyone else to access your account violates the ToS, further complicating planning for digital property. So you leave a list of passwords to your spouse and he/she violates the service terms by logging in as you. It entirely defeats the purpose. A handful of states have begun to address the challenges of digital property when the owner becomes incapacitated or dies. One of the most comprehensive laws was enacted in Oklahoma, though it considers only accounts of a deceased person, not those of the incapacitated. It narrowly defines the sites to which the law applies and does not explicitly override the ToS agreed to when the account or site was opened. Loved ones have been forced into courtrooms to get access to digital property. When Yahoo! refused to permit access to the family of Lance Corporal Jason Ellsworth, a soldier killed in Iraq, they fought back and got a state probate judge to order the email turned over. In another family, Karen Williams found comfort after her son died in a motorcycle crash when she read his Face-

24 OREGON STATE BAR BULLETIN • MAY 2016 book wall. But when Facebook learned of his death, his page was immediately shuttered until she got a judge to reopen it. It isn’t onlyuuu the terms of service you need to worry about. Most providers will argue that the federal Stored Communica- tions Act prohibits turning over users’ content. The 1986 Act, while moldy and outdated technologically, remains the law, and experts are not sure that state laws could withstand a challenge in light of this law.

A New Dawn We may be getting closer, albeit slowly, to a solution. On July 16, 2014, the Uniform Fiduciary Access to Digital Assets Act (UFADAA) was approved by the Uniform Law Commis- sion. The Act attempted to balance the need for fiduciaries to get control of digital property without violating privacy promises made by online companies to users or customers and without violating federal privacy laws. Achieving that balance was clearly tough. UFADAA was introduced in 27 states in 2015 and passed in none of them. Only Delaware, in 2014, passed a modified ver- sion of UFADAA. Seeing the writing on the wall, the commission came up with a Revised UFADAA (RUFADAA), which was approved on July 15, 2015. Seeking to compromise with online providers who op- posed the original bill, the new RUFADAA expressly permits the online tools discussed above, making them separate from the Terms of Service and legally enforceable. The online tools would supersede contrary directions in a will, trust or power of attorney. If no online tool was used, the will, trust or power of attorney would control. If there is no direction online or in a legal document, the Terms of Service would control. A core provision of RUFADAA allows a fiduciary “the outside of the envelope” — a catalog of communications — but permits the fiduciary access to content only with the consent of the decedent, which could be via an online tool, will, trust or power of attorney. Basically, RUFADAA is an overlay statute designed to work with each state’s laws. Most experts expect that RUFADAA will be introduced in many state legislatures in early 2016. A fly in the ointment is the Privacy Expectation Afterlife and Choices Act (PEAC), which Virginia passed in 2015, and which was preferred by many online providers to the original UFADAA. PEAC requires that a personal representative of a decedent get a court order after showing that access to digital assets is in the best interest of the estate. The court can then order that a log of communications (again, the “outside of the envelope”) be provided to the representative. Disclosure of content requires the consent of the decedent. This seems to the authors a slow, expensive and cumbersome process. We much prefer RUFADAA.

The State of Estate Planning As they say in the movies, “it’s complicated.” We are in a legal limbo at the moment. It appears to the authors that the new online tools are gaining a lot of traction. It may be wise to advise clients to use them, reminding them that, if RUFADAA is passed, those online tools would override other legal documents. Some attorneys prefer to try to address the issue of digital property via a will, trust or power of attorney. Court orders in guardianship

MAY 2016 • OREGON STATE BAR BULLETIN 25 or conservator cases that include express authority regarding digital property may be appropriate. Agents under powers of attorney can be granted express authority to act for the principaluuu regarding digital assets, to the extent permitted by law and terms of service. Information gathered in an initial meeting intake form should certainly be expanded to include digital property. Consideration should be given to providing a similar grant to agents under medical directives to ensure online medical records are accessible. Both wills and trust agreements can include language that grants the personal representative or trustee authority to access, maintain, change or dispose of digital property. As noted earlier, it is not clear whether these planning efforts will be legally effective, but it is far better to attempt to plan for digital property than to ignore it. One thing we would not do: don’t notify online providers about a client’s death without researching your current state law — and the ToS or online tools of the provider. In some cases, notification has meant instant deletion of an account. Un- settling? Yes. Similar to writings often referenced in a will or trust, a digital memorandum could identify the specific property and then for each item provide access information (username, password, PIN) and instructions (delete, preserve, memorialize, distribute to designated beneficiary, sell, or dispose). This type of access is particularly difficult since you need to balance access to the information and the security of the information that is stored; hence another reason we advocate an encrypted electronic file that contains the appropriate access information for all digital assets. While one can be most diligent in creating a comprehensive list of digital property, that is not enough. The list must be kept current as passwords change and additional accounts are created. Careful consideration must be given to where the list is kept, who knows about it, and who is to have access. There are commercial websites that will retain the information but we question their security; it seems everyone is vulnerable to being breached. Another option is for lawyers to hold the digital property list or digital memorandum in escrow with written terms from the client for the lawyer’s release of the list.

Final Words We have watched attorneys argue endlessly about how to proceed, currently, in light of likely legal changes. Because the answer will vary from state to state, our best advice is to make sure you attend CLEs on this topic that are focused on your state — and for heaven’s sake, watch legal publications for any indica- tion that your state law is going to change. Whatever you do, now and for all time, digital assets must be part of your estate planning process with your clients. Authors Nelson and Simek are the president and vice president, respectively, of Sensei Enterprises Inc., a digital forensics, information security and information technology firm based in Fairfax, Va. In their first look at this topic, in 2013, they lectured with Deborah Matthews, an estate planning and trust and estate administration attorney in Al- exandria, Va. The authors gratefully acknowledge her contributions to their early understanding of this topic. © 2015 Sensei Enterprises Inc.

26 OREGON STATE BAR BULLETIN • MAY 2016 MAY 2016 • OREGON STATE BAR BULLETIN 27 PROFILES IN THE LAW

Anne Hill Tackles Alzheimer’s Disease’s Growing Toll on Families

An Advocate’s Journey By Melody Finnemore

And in the process of winning, you will could hire a gym teacher. She also en- completely destroy the mood.” joyed teaching children to read. She Another issue that’s particularly diffi- planned to return to work when the boys cult for attorneys concerns getting to the were in middle school, but toward the end “truth” of something. That can be very of elementary school she noticed that her subjective for someone with the disease, mother had begun acting strangely. Hill notes. “Lawyers can feel if we don’t “She would call me and have the same correct, we’re lying. And what we need is conversation three or four times in 15 someone to say to us, ‘It’s okay not to cor- minutes,” Hill says. Her mother also for- rect this person,’” she says. got what her favorite restaurant was. “Al- zheimer’s is always very hard for the fami- Also, lawyers are oriented to identify a lies, and it’s often hard for the people who problem and solve it, but “you can’t solve have dementia — not always, but often. It Alzheimer’s,” Hill adds. “You cannot do was really hard for mom, and that made it it. You just have to roll with it.” really hard for me,” she recalls. Legal Lineage, Love of Arguing The situation became even more complicated when Hill’s siblings, who lived Hill admits that she has always en- in other states, became involved. “I saw iStock joyed a good argument, which is part of the symptoms first because I’m here in what attracted her to the legal profession. Portland. Then my siblings would come Like many attorneys across Oregon, After earning bachelor’s degrees in Eng- to town and she would be just fine,” Hill Anne Hill was a member of the “Sand- lish and American Studies at Willamette says. “That’s also really common, and no- wich Generation,” caring for an aging par- University, Hill graduated from Lewis & body talks about how people with early ent and young children at the same time. Clark’s Northwestern School of Law in stage Alzheimer’s can pull themselves out For a decade, Hill cared for her mother, 1979. She was in private practice for three of it just by sheer will. People don’t realize Phyllis, as Alzheimer’s disease stole her years. She married Jeffrey Hill, also an at- that’s a symptom, and it creates a lot of memories and altered her behavior, caus- torney, in 1984, and joined First Interstate anger and a lot of arguments.” ing her to become argumentative and, at Bank later that year as in-house counsel. Another challenge was the process of times, say hurtful things to Hill. During her 12 years there, she worked on obtaining a clinical diagnosis of Alzheim- With an estimated three million cases commercial real estate transactions, cor- er’s. “It’s not like the stick turns blue or diagnosed each year, Alzheimer’s disease porate banking, community reinvestment you have a blood test. You have to know is the most common form of dementia, issues and environmental matters. In 1996, that person and see what’s been going on accounting for 60-80 percent of dementia Wells Fargo acquired First Interstate and to make that diagnosis,” she says. cases, according to the national Alzheim- laid off the Portland legal staff. As Hill’s mother received treatment er’s Association. Her sons were in the first grade and from Dr. Marian Hodges, a geriatrician Hill, who has co-written a book about kindergarten at the time. The bank provid- at Providence Portland Medical Center, dementia for doctors to give to family ed great severance packages, so Hill came Hill began exploring the resources avail- caregivers, finds that while having a fam- home for the summer and got the boys re- able to caretakers and family members of ily member with Alzheimer’s disease is al- established in school. She noted that “life people with Alzheimer’s. ways sad, it can be especially challenging just worked better with me at home.” “The problem when you’re caring for for lawyers. someone with Alzheimer’s is that you don’t “Lawyers are taught to argue for what Emerging Signs of Dementia have time to read those books,” she notes. we want, but arguing with someone who As the Portland Public Schools’ fund- “And it’s very important to take your par- has dementia never works. First of all, if ing crisis gained momentum, Hill became ents to the dentist because any cut or in- you argue and you win, they will forget. active in fundraising so her sons’ school fection can be very dangerous, but those

28 OREGON STATE BAR BULLETIN • MAY 2016 books couldn’t tell me what to do if I told one for quite some time. was given a notebook about what to ex- my mom, ‘You have an appointment at the “Doreen saw me and said, ‘Jan! How pect during her treatment. However, she dentist today,’ and she replied, ‘Hell no, I did you get here?’ I said the traffic was was not given a similar guidebook when won’t go and you can’t make me.’ So I fig- kind of bad but I was happy to be there, she was told her mother had Alzheimer’s. ured out how to get her there.” and we shared lattes and talked. On the Over coffee after her mother died, Hill Hill began creating a list of 10 strate- way out, I asked the memory care direc- and Hodges discussed this and Hodges gies that were working for her. Soon friends tor who Jan was and learned she was Do- said she didn’t have such a notebook and began asking her to talk with others who reen’s daughter, who was killed in a car usually referred families to the Alzheim- were helping relatives with Alzheimer’s. accident four years ago. Until the day she er’s Association. She would go meet people in Star- died, Doreen thought I was her daughter,” Hill’s response was, “When you tell a bucks and tell them to read the books if Hill says. “I looked at it as an opportunity family member to go to the Alzheimer’s they could find the time, but if not, “‘If to meet her where she was and help her Association, what we hear is you saying, you do these 10 things you will be okay.’ have some happy moments.” ‘Gee, I’m sorry your dad has Alzheimer’s, One day a woman tapped me on the but go over there.’” Eventually Hodges shoulder, and she was crying and making Cancer Journey Furthers Advocacy said, “Are you in for doing the notebook?” notes on a napkin. She said, ‘I hope you for Families With funding from the Providence don’t mind if I listen. My mom was just In May 2009, shortly before her moth- Foundation, Hill and Hodges wrote the diagnosed with Alzheimer’s last week.’” er died, Hill was diagnosed with breast book titled Help is Here: When someone With encouragement from friends and cancer. After a decade of caring for her you love has dementia. Their initial goal family, Hill wrote a small book called Un- mother, and being her grandmother’s was to obtain another grant to distribute forgettable Journey: Tips to Survive Your Par- caretaker for many years, Hill realized she it as a complimentary resource to family ent’s Alzheimer’s Disease. She gave a draft had to take care of herself. She asked her caregivers of Alzheimer’s patients being to Hodges, with whom she had formed a siblings to play a bigger role in helping treated by Providence as well as Provi- friendship during her mother’s treatment. their mother and began her treatment. dence patients who were taking care of “She told me that as she read, she be- Everybody pitched in to help her, in- family members with dementia. came more and more uncomfortable and cluding her son Chester, who is now 27 Demand for the book grew as other chagrined because she didn’t know what and graduating from Lewis & Clark Law medical systems began buying it in bulk was going on at home. She knew the med- School, and Andrew, 26, who is in gradu- and distributing it, and a website was cre- ical side, but she didn’t know what was ate school in material science and engi- ated so people could purchase it online. happening with the family caregivers and neering at Montana State University. Providence conducted a study in which what was happening outside of her medi- After her first round of chemotherapy, 400 caregivers were surveyed about their cal office,” Hill says. Hill felt fine and told her husband he outlook on life. The 200 caregivers who Hodges and Hill are asked to speak should take a trip out of town that he had had received the book had increased con- together at various conferences about de- debated about. After a couple of days, her fidence in caring for their family member mentia and fostering good communication sons didn’t think she was fine, and they with dementia than the portion who did between primary care providers and family took her to see her oncologist. Hill was not receive it. caregivers, including recently at OHSU’s diagnosed with febrile neutropenia, a fe- Since then, Hill and Hodges have 47th Annual Primary Care Review. The ver and often other signs of infection that written another book called Help is Here: conference confirmed what they had heard can impact people with low white blood When a Resident has Dementia for the before: Physicians often are reluctant to cells. The oncologist said it could kill her frontline staff in senior residences and a diagnose Alzheimer’s for a variety of rea- in 45 minutes if the wrong germ got into leader manual to help supervisors teach sons, ranging from discomfort at giving a her and she needed to be hospitalized. Help is Here in six short meetings. longtime patient such news to a lack of ex- Perhaps because she was so sick, Hill im- Hill is a frequent presenter to physi- perience with patients in the earlier stages mediately argued against it. cian, family and memory care professionals of dementia. The issue led Hill to team up “I still remember the boys cross-ex- on understanding family dynamics and Al- with Dr. Maureen Nash, a geriatric psychi- amined the oncologist about his medical zheimer’s. She helped craft the State Plan atrist, to create a presentation called “Her opinion, and fortunately he answered their for Alzheimer’s Disease in Oregon. After Doctor Says She’s FINE, But Mom Keeps questions. My oldest son stood up, dangled a series of town halls to gather input from Getting Lost Driving 10 Blocks to the Gro- the keys in front of me because he had the public, the plan was written in 2012 by cery Store. Now What?”, presented at the driven, and said, ‘Mom, you’re not making a consortium of people as a strategy to pre- Oregon Alzheimer’s Association’s 2015 any sense so we’re going to make the deci- pare Oregon to treat its growing number of annual conference. sion for you,’” she says. “I was angry, but I elderly residents with dementia. Alzheimer’s disease also created some remembered that my mother had gotten so Melody Finnemore is a Portland-area unique opportunities for Hill to connect angry with me so often and said horrible freelance writer and frequent contribu- with people. One day, while visiting her things to me. The boys had read my book tor to the Bulletin. Reach her at precision mother’s memory care center, she found and dealt with me the right way.” [email protected]. Those interested in the her mother sitting by a fellow resident Now in remission, Hill notes that the Help is Here books can see them at www. named Doreen who hadn’t spoken to any- day she learned she had breast cancer she dementiahelpishere.org.

MAY 2016 • OREGON STATE BAR BULLETIN 29 LEGAL PRACTICE TIPS

Creating Effective Visual Presentations

A Better Way By Kelly L. Andersen

soft’s PowerPoint; Reynolds has the larg- tion went well, but the odds of full success est presentation blog in the world; Ham- were deeply stacked against them. Their lin was a preeminent communications use of PowerPoint probably diminished expert for more than a quarter century; rather than enhanced their presentation. Atkinson created the slides in the Vioxx They likely would have done better with case that helped inspire a jury to award handouts and no slides at all. over $250,000,000 for a single plaintiff; As I have carefully listened to and and Gallo teaches CEOs of international watched state and national CLE speak- corporations how to give better presenta- ers — and have reviewed my own slides of tions, based upon his careful study of hun- past CLE presentations I have made — I dreds of talks given at TED (Technology, have sadly concluded that my own work Entertainment and Design) conferences. has been terribly deficient and that other attorneys are not faring any better. Flawed Presentations I write to suggest a better way. All of As I watched the PowerPoint presen- us have occasions to present, whether to a tation of my young MBA friends, I real- jury, a school board, a planning commis- ized that while they probably were doing sion, or some other church or civil organi- what they had been taught in business zation. Many times no visuals are needed.

iStock school, their visual presentation was ter- Indeed, in some instances PowerPoint ribly flawed. Each of their slides included (or Keynote for Apple users) would posi- while ago two young MBA trained their business logo (consuming about tively be bad, such as in very small groups professionals asked me to preview Aa PowerPoint presentation they would be giving to a medical group on the When visual aids are helpful in making the subject of financial planning. They could not have asked at a better time, since I message more clear and memorable, it is best had just finished studying several books on the subject of visual presentations. to understand some basic “do’s” and “don’ts” of These books included: Cliff Atkinson’s best-seller, Beyond Bullet Points; Sanya how to use visuals. Hamlin’s buoyant tome, Now What Makes Juries Listen; Garr Reynolds’s eye for the beautiful, Presentation Zen and Presentation 25 percent of slide space). Most of their where a conversation and a sharing of Zen Design; and Nancy Duarte’s insights slides had bullet points and vast amounts written handouts often work better. But about what distinguishes great presenta- of text. They had no cohesive story tying when visual aids are helpful in making the tions from poor ones, Resonate and Har- all the slides to one central theme, and message more clear and memorable, it is vard Business Review Guide to Persuasive they routinely turned their back to me best to understand some basic “do’s” and Presentations. More recently I have stud- (their audience) to view their slides as “don’ts” of how to use visuals. ied Carmine Gallo’s spritely written Talk they read what was written on the screen. I have 10 suggestions. They are based Like TED and Stephen M. Kosslyn’s ana- I voiced my concerns. They politely upon my good (and not-so-good) experi- lytical sleeper Clear and to the Point. listened, but I sensed that my comments ences and upon the helpful literature now These authors are international rock ran against what they had been taught available. stars in the field of visual presentations. — and probably graded upon — in busi- 1. Avoid Bullet Points Duarte designed the graphics for Micro- ness school. I hope their later presenta- Although visual communications ex-

30 OREGON STATE BAR BULLETIN • MAY 2016 perts have long condemned bullet points, many attorneys still have not gotten the message. Studies have shown that comprehension actually decreases when large amounts of text are put on a screen and the speaker reads the text. This is so because some in the audience will read faster or slower than the speaker, and the speaker’s voice will interfere with the audience’s reading. In addition, reading from the screen insults a literate audience, and the speaker disconnects the audience when turning to read the screen. Presenters who use endless bullet points do not appreciate the distinction between a document and a slide. A document is intended to convey a lot of information. It can be loaded with facts and figures and details. The listener can study a document at leisure, underlining, highlighting and making margin notes. A slide, by contrast, is meant to supplement our story. In his books Presentation Zen and Pre- sentation Design Zen, Garr Reynolds un- flatteringly refers to the conflation of a slide and a document as a “slideument.” Nancy Duarte, in Resonate, makes the same distinction, calling a document a “report” and a slide a “story.” If we are presenting a CLE and our handout is a copy of our slides, we will have created the very worst of two worlds — a really bad handout and a terrible slide deck. Instead of killing our audience with bullet points, it is much better to prepare handouts that contain the rich factual information, and use slides to create memorable images as we tell our story. If important transcripts or quotes must be read to an audience or jury, just read the excerpts — don’t put the full text in a slide. Since an image of the person or document being quoted will enhance memory and credibility, consider putting the image or document on a slide, and then perhaps adding just a few declaratory words. Not “Albert Einstein” (which conveys only a topic), but perhaps his famous quotation: “Ev- erything should be as simple as possible, but not one bit simpler.” Don’t populate the slide with long lines of text. Just a few words at most. 2. Design Each Slide for the Last Row Before creating a slide deck, know the distance between the screen and the last

MAY 2016 • OREGON STATE BAR BULLETIN 31 row of the audience, and make any text large and bold enough to be read by those in the last row. When the text of a document is too small to be read, highlight and then enlarge only the relevant part, so that everyone can see. Or, type the important text into an easy-to-read “callout” box while the whole page remains in the background. The same principle applies to photo- graphs. First show the entire photograph, and then enlarge the relevant portion so that all can see. The transition between the full document to the highlighted text or call-out, or between a photograph and a close-up view, can be done easily using either Key- note or PowerPoint. 3. Design Each Slide to be Compre- hended in Just a Few Seconds If it takes an audience more than a few seconds to comprehend a slide, either we will face uncomfortable silence as we wait for the audience to study the slide, or the audience’s comprehension will plummet as we speak while some are still reading. The audience will best remember the slide image if it is not cluttered with needless words that compete for attention with the image. 4. Get Rid of Logos Although no thinking attorney would attempt to use a company logo in a jury trial (unless the logo were at issue in the trial, or there was an overwhelming reason to do so), attorneys speaking to outside groups may be tempted to use a logo to remind the audience of who they are. This is a big, big mistake. The logo will compete for attention with the content of every slide, and soon become a resented distraction. Leave logos out except perhaps on the first and last slides. 5. Avoid Mixing Fonts Both PowerPoint and Keynote provide a vast array of creative typesets. Avoid using more than a few of them, unless there is a principled reason to alternate. Since an audience will expect that a change in fonts will signal some new information or emphasis, needlessly alternating fonts becomes a mere “decoration” a distraction that competes with the message of the slide. 6. Avoid Flashy Transitions

32 OREGON STATE BAR BULLETIN • MAY 2016 Using Keynote or PowerPoint we can command new slides to arrive with a wide range of flashy transitions, including “wipes,” “reveals,” “cubes” and many more. While clever transitions may tem- porarily woo and wow, they won’t convert anyone. As with mixed fonts, flashy transitions divert attention from our message and diminish the credibility of both the attorney and the exhibits. Unless there is an overwhelming reason to dazzle, just ad- vance to the next slide with the transition that least calls attention to itself. 7. When Creating a Timeline, Use Only a Few Reference Dates Per Slide After years of searching for a software product that would allow me to produce timelines for juries, I have concluded that no good premade product exists. Sonya Hamlin explains that timelines should be very simple, be hinged to only a few dates, and contain memorable images. Attempt- ing to cram too much information into one timeline will overload jurors. It is better to create several simple timelines, rather than crowding too much information into one timeline. Even when using a simple timeline, the information may best be conveyed by “building” the slide one piece at a time. For example, you may wish to start by showing a beginning and ending date connected with a blank line. Explain to the jury why those dates are important. Then build the slide by adding — between those two dates — the first document or photograph that is relevant, using callouts or enlargements as needed. Then gradually add other information between the anchoring dates, as you teach the jury why each date and document are important. Then start a new slide and pick a few other dates and build relevant content around those dates. You will only need a few such slides to create all the timelines needed. Additional details will come later in the exhibits or handouts. 8. Respect “White Space” White space (empty space of any color) is just as important in slide design as occupied space. (See, for example, the two images of Iwo Jima. The iconic photo of the Marines raising the flag on Mt. Su- ribachi evokes many emotions and would be diluted by words. The other slide has many problems; it is cluttered with mul-

MAY 2016 • OREGON STATE BAR BULLETIN 33 tiple images, uses too many fonts, is too crowded and takes more than a few seconds to comprehend.) 9. Make Each Slide As Simple As Possible Einstein was able to make abstract concepts easy to understand by comparing them to simple things we already know. When we design slides, simplicity is the key. Think of the best highway billboards. We can comprehend them at a glance. And, if they are good, they move us with memorable images. 10. “Murder Your Darlings” In her book Resonate, Nancy Duarte devotes an entire chapter to “murdering our darlings.” She means, of course, to kill any work product, no matter how darling we think it is, if it doesn’t contribute or is unnecessary. Although we may have slaved for many hours to make a slide just right, if we realize at last that it doesn’t really support our theme or is unnecessary, then we need to “murder” it. (This can be the hardest part of editing a slide deck, or any presentation.)

Conclusion The evidence is now overwhelming that learning is vastly enhanced by visual aids (when properly done). PowerPoint and Keynote are more user-friendly than many attorneys suppose, and can greatly enhance how evidence is presented to a jury or any other audience. I hope the 10 principles above will help you in your next presentation. Kelly Andersen is a trial attorney in Southern Oregon. His practice emphasizes serious injury, wrongful death, product liability and professional malpractice claims.

34 OREGON STATE BAR BULLETIN • MAY 2016 MAY 2016 • OREGON STATE BAR BULLETIN 35 ®

BAR NEWS

UTCR Committee Opening The Uniform Trial Court Rules committee seeks an attorney with experience in general civil law trial practice to fill one position. This is a volunteer position with appointment made by the chief justice of the Oregon Supreme Court. Candidates should have significant trial experience. To apply, send a resume and cover letter describing your law practice, areas of expertise, qualifications, rule- making experience and involvement in similar groups to [email protected]. or.us or to Bruce C. Miller, Office of the State Court Administrator, Supreme Court Building, 1163 State St., Salem, OR 97301. The application deadline is Aug. 1. The committee is an advisory group to the chief justice that makes recommendations on the UTCR and Supplementary Local Rules. It meets twice a year — once in the fall and spring — in Salem. Mem- bers work with judges, attorneys and court Finding cures. personnel from across the state on issues ® that directly affect litigation practice. Saving children. Visit http://courts.oregon.gov/OJD/ programs/utcr/index.page? for more information. ©2016 ALSAC/St. Jude Children’s Research Hospital ©2016 ALSAC/St. Jude Children’s

Camila | at age 10 bone cancer

St. Jude is leading the way the world understands, treats and defeats childhood cancer and other life-threatening diseases. Families never receive a bill from St. Jude for treatment, travel, housing or food – because all a family should worry about is helping their child live. Visit stjude.org to join our mission.

36 OREGON STATE BAR BULLETIN • MAY 2016 Reporting child abuse is mandatory for Oregon lawyers

As an Oregon lawyer, you are a mandatory reporter under supervision, and have unmet physical, emotional or ORS 419B.005 et seq. medical needs. A child is anyone under the age of 18. Threat of Harm. Threatening a child with abuse. • You must report whenever you have reasonable cause to Children may exhibit any of the behavioral symptoms believe that: listed above. 1) a child with whom you have come in contact Child Selling. Buying, selling or trading for legal or has been abused, or physical custody of a child. 2) a person with whom you have come in contact Drug Exposure. Child present in a place where has abused a child. methamphetamines are manufactured; unlawful • You do not need to report if: exposure to any controlled substance that puts the 1) the information is based on a communication child’s health or safety at risk. that is privileged; A report of child abuse must be made immediately and 2) the information was communicated in the course orally, by telephone or otherwise. of representing a client, and disclosure would be detrimental to the client; or How and where to report: 3) the information was acquired from a report of • Use the statewide hotline at the bottom of this page, or child abuse, and you reasonably believe that the • Report to the local office of the Oregon Department information already is known to law enforcement of Human Services, or or DHS. • Report to a law enforcement agency in the county When to report where you are located at the time. (see ORS 419B.005 for details): What to report (if possible): Physical Abuse. Bruises, welts, burns, cuts, broken bones, sprains, bites, etc., that are deliberately inflicted. Any • Names and addresses of the child and parent injury that does not match the explanation given for it. • Age of the child Mental Cruelty. Speech or sleep disorders, failure to grow; • Type and extent of the abuse, as well as any previous victims may be overly aggressive or withdrawn and may evidence of abuse show an abnormal need for emotional support. • The explanation given for the abuse Sexual Abuse or Exploitation. Victims may have difficul- • Any other information that will help establish the ty walking or sitting, pain in the genital area, and tom or cause of abuse or identify the abuser stained clothing. They may have poor peer relationships; Failure to report is a Class A violation. fantastical or infantile behavior; fear of being left with A person who has reasonable grounds to make a report someone; inappropriate interest in, knowledge of, or acting out of sexual matters; or any of the symptoms listed under and does so in good faith is immune from civil or Mental Cruelty. criminal liability for the making or content of the report. Neglect or Maltreatment. Children often don’t want to Reports of child abuse are confidential, except as otherwise leave school, are constantly tired, are left alone without provided in ORS 419B.035. 3/16

The Statewide Telephone Number to Report Suspected Abuse, or for Further Information, Is 1-888-503-SAFE (7233)

MAY 2016 • OREGON STATE BAR BULLETIN 37 38 OREGON STATE BAR BULLETIN • MAY 2016 Continuing Legal Education 2016 Cosponsored bytheMilitaryandVeteransLawSection. of representingOregonveteranswillbecovered,includingmalpracticetraps. of theintersectioncivillawandOregonveterans’issues.Thelegalethics courts, andthedualgoalsofrehabilitationrenewal.Gainanunderstanding the V.A.inlocaladvocacy.Apanelofjudgeswilldiscusscriminallaw,veterans’ Explore incarceratedveteransprograms,veterans’justiceofficersandtheroleof traumatic braininjuriesandpost-traumaticstressdisorderaffectveterans. Affairs, theV.A.claimsprocessandveteranserviceofficers.Learnhow veterans’ benefits,includingalookattheOregonDepartmentofVeterans warranted. ThiscomprehensiveprogramwillprovideanoverviewofOregon need asolidunderstandingoftheirbenefitsandpertinentlegalissuesis With thenumberofOregonveteransisgrowingeveryyear,lawyers 5 general,1accesstojusticeand.5ethicscredits Oregon StateBarCenter,Tigard Thursday, May19,8:15a.m.-4p.m Veterans inOregon Representing Military litigation ina post-taxshelterera.Cosponsored bytheTaxationSection . presentations willaddress recent changestoWashingtonstatetaxesandtax tax changeswillbecovered, aswelllegalethicsfortaxattorneys.Other Examine recentdevelopments regardingScorporations.Recentfederalincome from oftenoverlookedaspects ofthebasicrulesunderSection707(a)(1)(B). tax). Pickuptipsandavoidtrapsregardingpartnership-leveraged distributions shared responsibilityforindividualsandemployers (“playorpay”penalty income andestatetaxes.GetanoverviewoftheAffordable CareAct,including Learn someofthebestestateplanningstrategiesthat couldreduceboth This year’staxinstituteoffersawealthofinformation fromtoptaxexperts. 12 generaland1ethicscredit;eligibleforCPEcredit Multnomah AthleticClub,Portland and Friday,June3,a.m.-4:15p.m. Thursday, June2,8:30a.m.-5p.m. 16th OregonTax Annual Institute motions. trial judgepersuasionduringpre-trialmotions,hearings,andpost-trial cover basicdo’sanddon’tsinadditiontomoreadvancedconceptsenhance is designedforlawyersatallexperiencelevels;MarkowitzandDonohuewill methods forincreasingthechanceofwinningbeforeatrialjudge.Theprogram trial practicecourses,whichfocusonjurytrials.Learnpowerfulpractical This programfocusesonthetrialjudgeasdecisionmaker—unlikemost 3.5 generalcreditsorpracticalskills Oregon StateBarCenter,Tigard Friday, May20,1-4:30p.m. Markowitz David andMatthew Donohue featuring ofPersuading Trial Judges Mastering theArt Program Code:TAX16 Program Code:MV16 Program Code:PTJ16

OSB Solo and Small Firm Conference Tools for Building a Successful Practice Successful a Tools Building for Call the Riverhouse Hotel at (800) 547-3928 by Tuesday, June 7 The RiverhouseThe Hotel and Conference Center, Bend Cosponsored by the Solo and Small Firm Section. in beautifulcentralOregon. practitioners. Bringyourfamilyandenjoyaweekend tips andvaluabletake-awaysforsolosmallfirm This first-timeeventoffers awealthof resources, tech Friday Saturday, and July 2016 8-9, $255 registration— 8.5 general or practical skills and 2ethics credits pending and use 10001G Code Group Register at osbar.inreachce.com at Register Register by June 17 and save $30 for discounted rates. discounted for (SSFC16) osbar.inreachce.com are availableondemandat to register.Additionalseminars seminar informationandlinks osbar.org/cle formore Check thecalendarat Relations Cases Handling Domestic July 15 (AEP16) Advanced EstatePlanning June 10 Seminars Upcoming Visit osbar.org/legalpubs • • available forpreorder: New publications Publications Legal Legal PublicationsBlog. bookstore, BarBooksand for linkstotheonline in thesearchbox Enter theProgramCode osbar.inreachce.com Register at: Remedies, 2016Revision Creditors’ Rightsand Annotated, 2016Edition Professional Conduct Oregon Rulesof and Opinions, 2016Revision Oregon FormalEthics your computer Live webcastfrom Live seminars

Continuing Legal Education 2016 featuring David Markowitz David andMatthew Donohue featuring ofPersuading Trial Judges Mastering theArt Cosponsored bytheMilitaryandVeteransLawSection. of representingOregonveteranswillbecovered,includingmalpracticetraps. of theintersectioncivillawandOregonveterans’issues.Thelegalethics courts, andthedualgoalsofrehabilitationrenewal.Gainanunderstanding the V.A.inlocaladvocacy.Apanelofjudgeswilldiscusscriminallaw,veterans’ Explore incarceratedveteransprograms,veterans’justiceofficersandtheroleof traumatic braininjuriesandpost-traumaticstressdisorderaffectveterans. Affairs, theV.A.claimsprocessandveteranserviceofficers.Learnhow veterans’ benefits,includingalookattheOregonDepartmentofVeterans warranted. ThiscomprehensiveprogramwillprovideanoverviewofOregon need asolidunderstandingoftheirbenefitsandpertinentlegalissuesis With thenumberofOregonveteransisgrowingeveryyear,lawyers 5 general,1accesstojusticeand.5ethicscredits Oregon StateBarCenter,Tigard Thursday, May19,8:15a.m.-4p.m Veterans inOregon Representing Military Learn someofthebestestateplanningstrategiesthat couldreduceboth This year’staxinstituteoffersawealthofinformation fromtoptaxexperts. 12 generaland1ethicscredit;eligibleforCPEcredit Multnomah AthleticClub,Portland and Friday,June3,a.m.-4:15p.m. Thursday, June2,8:30a.m.-5p.m. 16th OregonTax Annual Institute motions. trial judgepersuasionduringpre-trialmotions,hearings,andpost-trial cover basicdo’sanddon’tsinadditiontomoreadvancedconceptsenhance is designedforlawyersatallexperiencelevels;MarkowitzandDonohuewill methods forincreasingthechanceofwinningbeforeatrialjudge.Theprogram trial practicecourses,whichfocusonjurytrials.Learnpowerfulpractical This programfocusesonthetrialjudgeasdecisionmaker—unlikemost 3.5 generalcreditsorpracticalskills Oregon StateBarCenter,Tigard Friday, May20,1-4:30p.m. litigation ina post-taxshelterera.Cosponsored bytheTaxationSection . presentations willaddress recent changestoWashingtonstatetaxesandtax tax changeswillbecovered, aswelllegalethicsfortaxattorneys.Other Examine recentdevelopments regardingScorporations.Recentfederalincome from oftenoverlookedaspects ofthebasicrulesunderSection707(a)(1)(B). tax). Pickuptipsandavoidtrapsregardingpartnership-leveraged distributions shared responsibilityforindividualsandemployers (“playorpay”penalty income andestatetaxes.GetanoverviewoftheAffordable CareAct,including Program Code:TAX16 Program Code:PTJ16 Program Code:MV16

OSB Solo and Small Firm Conference Tools for Building a Successful Practice Successful a Tools Building for Call the Riverhouse Hotel at (800) 547-3928 by Tuesday, June 7 The RiverhouseThe Hotel and Conference Center, Bend Cosponsored by the Solo and Small Firm Section. in beautifulcentralOregon. practitioners. Bringyourfamilyandenjoyaweekend tips andvaluabletake-awaysforsolosmallfirm This first-timeeventoffers awealthof resources, tech Friday Saturday, and July 2016 8-9, $255 registration— 8.5 general or practical skills and 2ethics credits pending and use 10001G Code Group Register at osbar.inreachce.com at Register Register by June 17 and save $30 for discounted rates. discounted for (SSFC16) osbar.inreachce.com are availableondemandat to register.Additionalseminars seminar informationandlinks osbar.org/cle formore Check thecalendarat Relations Cases Handling Domestic July 15 (AEP16) Advanced EstatePlanning June 10 Seminars Upcoming Legal PublicationsBlog. bookstore, BarBooksand for linkstotheonline Visit osbar.org/legalpubs • • available forpreorder: New publications Publications Legal in thesearchbox Enter theProgramCode osbar.inreachce.com Register at: Remedies, 2016Revision Creditors’ Rightsand Annotated, 2016Edition Professional Conduct Oregon Rulesof and Opinions, 2016Revision Oregon FormalEthics your computer Live webcastfrom Live seminars MAY 2016

• OREGON STATE BARBULLETIN

39 BAR ACTIONS

information. Caldwell’s contractual ser- pending successful completion of a one- Discipline vice agreement with OCRC required year term of probation for violations of: Caldwell to only run credit reports for RPC 8.4(a)(2) (criminal act reflecting Note: Approximaely 14,970 persons are eli- “permissible purposes.” This agreement adversely on trustworthiness as a lawyer); gible to practice law in Oregon. Some of them obligated Caldwell to determine what RPC 8.4(a)(3) (conduct involving dis- share the same name or similar names. All purposes were permissible. OCRC also honesty); and ORS 9.527(1) (acts that discipline reports should be read carefully for required that when Caldwell requested should have resulted in a denial of appli- names, addresses and bar numbers. a client’s credit report, the request must cation for admission). be authenticated by correct responses to While an inactive member of the bar, BRENDA S. WHITELEY three questions to which only the cli- Lupton obtained a real estate license and OSB #891170 ent would likely know the answer. To opened and operated a property manage- Coos Bay request a credit report for a husband and ment business and property maintenance Form B resignation wife, each spouse was required to consent. company. In managing the two busi- By order dated Jan. 14, 2016, the Or- Caldwell was specifically required to pro- nesses, she maintained a trust account egon Supreme Court accepted the Form B vide authentication information and cer- pertaining to tenants’ security deposits resignation of Brenda S. Whiteley. tify that the request was being made for and a trust account pertaining to property the proper purpose under the law. management. Whiteley, who had practiced in Utah since 1994, had resigned in that state with In October 2013, Caldwell met with a Upon learning of a significant short- discipline pending. In her Utah resigna- friend at his law office to assist her in ob- fall in the tenant trust account, she did tion, effective September 2015, she ad- taining financial evidence that she could not report the trust account deficit to the mitted that she misappropriated $12,000 use in her anticipated dissolution of mar- Oregon Real Estate Agency (OREA) as in personal injury settlement proceeds riage and to support a petition for spousal required by statute, or notify the prop- she had received for two minors and that, support. Caldwell requested and obtained erty owners. She secured training for her when their conservator inquired as to the a joint credit report through OCRC for bookkeeper but made no other changes in status of the funds, she made misrepresen- both his friend and her husband, with- the way the accounts were managed. Ap- tations about the funds. out the husband’s knowledge or consent. proximately a year later, she learned that Caldwell utilized the husband’s protected an additional, larger sum had been trans- CURTIS CHARLES CALDWELL personal information to authenticate the ferred from both trust accounts without OSB #113470 request for the husband’s credit report, her authorization in order to cover ex- penses and shortfalls in the maintenance Salem and falsely certified that he was requesting company’s account. She terminated her Public reprimand the credit report for a permissible reason, in violation of the husband’s legal right to bookkeeper but still did not report the sit- Effective Feb. 18, 2016, the disciplin- maintain the privacy of his credit history. uation to OREA or the property owners. ary board approved for stipulation for The stipulation recited that Caldwell’s Some months later, after being no- discipline publicly reprimanding Salem conduct was aggravated by his selfish mo- tified of an upcoming audit by OREA, attorney Curtis Charles Caldwell for vio- tive and the vulnerability of his victim, Lupton reported the shortfall to OREA. lation of RPC 4.4(a) (knowingly using but mitigated by his absence of prior dis- A receiver was appointed to manage the methods of obtaining evidence that vio- cipline, his cooperation in the underlying businesses, with whom Lupton cooper- late the legal rights of third persons). procedure and the imposition of other ated. She also borrowed money to help The Fair Credit Reporting Act al- penalties and sanctions. balance the accounts. In December 2013, lowed Caldwell to obtain credit reports Lupton entered into a stipulated order for clients “in accordance with the writ- JENNIFER L. LUPTON with OREA in which she acknowledged ten instructions of the consumer to whom OSB #960867 violating statutes governing real estate the report relate[d].” licensees regarding: the management of Medford trust accounts; fiduciary obligations owed For purposes of obtaining credit re- Six-month suspension, stayed; one year ports for bankruptcy clients, Caldwell was to property owners; and requirements of probation a member of the Online Credit Report- competence, trustworthiness and honest ing Corporation (“OCRC”). Caldwell’s Effective Feb. 23, 2016, the disciplin- conduct. OCRC membership allowed him to re- ary board approved a stipulation for dis- The stipulation recited that Lupton’s quest individual consumers’ credit reports cipline suspending Medford attorney Jen- conduct was aggravated by a selfish mo- using those consumers’ protected personal nifer L. Lupton for six months, all stayed tive, a pattern of misconduct, and mul-

40 OREGON STATE BAR BULLETIN • MAY 2016 tiple offenses. Mitigation included that Lupton: had no prior discipline; had personal or emotional problems; made a timely good faith effort to make restitu- tion or rectify the consequences of the misconduct; had sustained the imposition of other penalties or sanctions; and expressed remorse.

HOWARD HUDSON OSB #074098 Eugene 120-day suspension, 60 days stayed, one- year probation Effective Mar. 1, 2016, the disciplinary board approved a stipulation for discipline suspending Eugene attorney How- ard Hudson for 120 days, all but 60 days stayed, pending his successful completion of a one-year probation, for violations of: RPC 1.4(b) (failure to explain a matter to the extent reasonably necessary to permit the client to make informed decisions); RPC 1.16(a)(1) (improper withdrawal); and RPC 1.16(d) (failure to take appropriate steps upon withdrawal to protect a client’s interests). Hudson entered into a stipulation for discipline in September 2013, in which he agreed to a two-year suspension, with all but six months stayed pending completion of a two-year probation. At that time, Hudson was representing a client in a child support dispute, and he did not then or thereafter inform the client of his im- pending suspension. In November 2013, Hudson appeared before the Oregon Su- preme Court to argue his client’s appeal of the circuit court’s judgment in the matter. A week later, the Oregon Supreme Court accepted Hudson’s stipulation for discipline and ordered the suspension would be effective Nov. 25, 2013. Thereafter, Hudson did not inform his client he was suspended or that he could no longer be her attorney. He also did not give his client her file, recommend that she consult with alternate counsel or withdraw from representing her in her pending case. In February 2014, the court rendered its opinion on his client’s appeal. Hudson was still attorney of record for the client and was served with the court’s decision. He was also served with the petitions of opposing counsel, seeking reconsideration and attorney fees, which Hudson did not then forward to his cli-

MAY 2016 • OREGON STATE BAR BULLETIN 41 ent. Hudson did not withdraw from the representation or notify either the court or his client of his need to do so. Hudson did not return his client’s file or help her find another attorney to assist her in the matters still pending before the court. Hudson’s lack of a dishonest motive and his cooperation with the disciplinary proceedings mitigated his sanction, while his prior disciplinary history, experience in the practice of law, pattern of misconduct, and multiple offenses, aggravated the sanction.

TIMOTHY J. VANAGAS OSB #763669 Portland Form B resignation Effective Mar. 3, 2016, the Oregon Supreme Court accepted the Form B resignation of attorney Timothy J. Vanagas, who formerly practiced in Portland. At the time of his resignation, a formal disciplinary proceeding had been authorized alleging that Vanagas engaged in misconduct including the following: incom- petence (RPC 1.1); neglect of legal matters (RPC 1.3); failure to keep clients reasonably informed (RPC 1.4(a)); failure to explain matters to the extent reasonably necessary to permit clients to make informed decisions (RPC 1.4(b)); current-client conflict of interest (RPC 1.7(a)(2)); failure to maintain property of others in trust (RPC 1.15-1(a)); the deposit of personal funds into trust (RPC 1.15-1(b)); failure to refund client property upon termination of representation (RPC 1.15-1(d)); failure to take steps to protect clients’ interests upon termination of representation (RPC 1.16(d)); knowing failure to respond to disciplinary authority (RPC 8.1(a)(2)); and dishonest conversion of client property (RPC 8.4(a)(3)). At the time of Vanagas’s resignation, four additional complaints were also under investigation where the complainants made similar allegations to those in the formal complaint, with the additional al- legation that Vanagas practiced law while suspended (RPC 5.5(a)). Vanagas had been a lawyer in Oregon since 1976. The resignation recited that Vanagas’s client files had been or would be placed in the custody of Portland attorney David DeBlasio.

42 OREGON STATE BAR BULLETIN • MAY 2016 JACOB WIESELMAN OSB #051008 Portland Form B resignation Effective Mar. 24, 2016, the Oregon Supreme Court accepted the Form B resignation of attorney Jacob Wieselman, who formerly practiced in Portland. At the time of his resignation, a formal disciplinary proceeding had been authorized alleging that Wieselman engaged in misconduct including: RPC 1.5(a) (clearly excessive fee); RPC 1.15-1(a) (duty to safeguard and maintain records of client property); RPC 1.15-1(c) (duty to deposit and maintain client funds in trust); RPC 1.15-1(d) (duty to account and return client property); RPC 5.3(a) (duty to supervise non-lawyer personnel); RPC 5.3(b) (2) (vicarious responsibility for conduct by nonlawyer personnel); RPC 5.5(a) (assisting a nonlawyer in the practice of law); and RPC 8.4(a)(3) (dishonesty, fraud, deceit or misrepresentation that re- flects adversely on fitness to practice law). At the time of Wieselman’s resignation, an additional complaint was also under investigation involving the potential violation of RPC 1.7(a)(2) (current client and personal-interest conflict) and RPC 1.8(b) (use of information to the dis- advantage of a former client). Wieselman had been a lawyer in Oregon since 2005. The resignation recited that Wiesel- man had no open files or current clients and that Wieselman’s client files had been or would be placed in the custody of Oregon State Bar.

Other Notices Reciprocity applications are now online at www.osbar.org/admissions/index. html#applicants. Reinstatement applications are at www.osbar.org/reinstatements. Bar exam applicants are at www.osbar.org/ admissions/febexam.html.

MAY 2016 • OREGON STATE BAR BULLETIN 43 BAR PEOPLE

about each of the lawyers who practiced courts, general counsel from major com- Among in the county, cases they handled (mostly panies and generally two attorneys from taken from Oregon Supreme Court re- each state. It seeks to improve the ad- ports and focusing on historical events), ministration of justice and maintain the Ourselves the judges who served the area over the independence of state courts throughout Tim Ramis and years and some information about the the country. his team, includ- clients involved in the cases, particularly ing Dan Olsen those whose names are still perpetuated and Shelby Rihala, on local streets, buildings and roads. It is were recently hon- available from Whitty for $20 or can be Moves ored at the Daily purchased from Amazon. Portland attorney Journal of Com- Josh Kadish, part- Kathy Black re- merce’s eighth an- ner at Wyse Kadish, cently relocated nual Newsmakers has been elected to Albuquerque, Awards Luncheon president of the N.M., and was ad- for their work with the city of Scappoose. board of directors mitted to the State The trio succeeded in doing what others for Neighborhood Bar of New Mexico have been unable to do in recent years — House, a nonprofit in December 2015. secure an approved urban growth bound- organization that Black remains an ary expansion for their client, the city of provides an array attorney for the Scappoose. As a result of a decision by the of educational and U.S. Department of Energy, now repre- Oregon Court of Appeals, the city now social-support programs to low-income senting the Southwestern Power Admin- includes a 380-acre parcel of industrial members of the Portland community. istration based in Tulsa, Okla. Addition- land within its boundary. The result is ex- Kadish continues to focus his practice on ally, in January 2016, Black was elected to pected to change the way other Oregon mediation of divorce, estate and family the board of directors for the Drum Corps city cases regarding urban growth bound- business disputes. International, a youth arts and education aries are reviewed and resolved. nonprofit based in Indianapolis. Miller Nash Gra- Trial lawyer Keith ham & Dunn part- Eric Pickard has McIntire of Mar- ner Bruce Camp joined the Reynolds kowitz Herbold has bell has received Defense Firm as its joined the board national recog- newest associate at- of directors of the nition from the torney. The recent St. Andrew Legal American Acad- University of Or- Clinic for a two- emy of Appellate egon School of Law year term. The Lawyers. Campbell graduate brings community-based was selected as an with him prosecu- nonprofit organi- AAAL fellow in March and was formally torial knowledge zation provides legal services in the area inducted into the organization on April 1. and skills gained while working with both of family law to low-income people. Mc- the Lane County district attorney’s office Intire represents clients in the Pacific The National Cen- and the Oregon Department of Justice. Northwest and across the country, trying ter for State Courts The Portland firm specializes exclusively commercial disputes in federal and state has selected Lane on representing persons facing DUI and courts. Powell shareholder related charges. Bob Maloney to After 25 years of research and writing, serve on the ex- Caitlin Wong has joined Schwabe, John Whitty has produced a 308-page ecutive committee Williamson & Wyatt’s Portland office as book entitled Coos County Bench, Bar & of its lawyers com- an associate in the tax and estate plan- Beyond. It deals with the lawyers, judges, mittee. The NCSC ning group. Wong has experience help- clients and their cases in Coos County comprises the chief ing clients with all aspects of taxation, from 1853 to 2014, and includes segments justices of each of the 50 state supreme including tax planning, audits, appeals,

44 OREGON STATE BAR BULLETIN • MAY 2016 tax court litigation and collections. Her estate planning experience includes pre- paring wills and trusts, engaging in strategic planning to minimize estate taxes, and administering trusts and probates. Wong is the chair of the Oregon New Tax Law- yers Committee.

Chris Burnett an- nounces the opening of his own law firm, Burnett Law, located at 1915 N.W. Amberglen Parkway, Suite 400, in Beaverton. He will continue to focus on family law, estate planning, probate and guardian- ships/conservatorships.

Roy D. Pyatt has been elected a shareholder in the Landerholm firm in Vancouver. Pyatt is a real estate attorney who focuses on landlord/tenant, creditors’ rights and construction matters. He can be reached at (360) 696-2540 or [email protected].

Charley Gee has opened his own law practice, Char- ley Gee P.C., in the Thomas Mann Building in Port- land. He will exclusively represent injured people against insurance companies and corporations in personal injury, wrongful death and product liability cases. He will continue to focus his law practice on education, advocacy and litigation on behalf of injured bicyclists and pedestrians. Gee also serves as board president of Umbrella, a Portland-based fiscal sponsor nonprofit with projects that include Better Block PDX, Disaster Relief Trials and CycloFemme PDX. Reach him at 820 S.W. Second Ave., Suite 407, Port- land, OR 97204; phone: (503) 473-7334; email: [email protected]; or websites: www.injuryoregon.com and www.oregon- bikelawyer.com.

MAY 2016 • OREGON STATE BAR BULLETIN 45 Brad Young has joined Japan Dis- play Inc. in Tokyo, Japan, a manu- facturer of LCD and OLED display units used in smartphones, au- tomobiles, medical devices and other devices. As general counsel for global business alliances, Young will be respon- sible for legal matters related to the company’s global strategic alliances, joint ventures and business relationships. He previously was legal director and corporate secretary for Sanyo for more than 17 years in San Diego.

Jessica L. McCon nell has become a partner with Greene & Markley. She concentrates her law practice on federal, state and local tax contro- versies, including tax audits, offers in compromise and tax collection matters. McConnell joined Greene & Markley as a paralegal in 2004 and was promoted to associate in 2008 after earning her law degree and federal tax law certificate from Lewis & Clark Law School. McConnell volunteers at the OSB pro bono bankruptcy clinic and on multiple bar committees and continuing legal education seminars, most recently at the OSB Family Law Section 2015 An- nual Conference.

Brian Jolly has become a partner of Kivel & Howard. Jolly practices primarily in the areas of estate planning, trust administration, probate, nonprofit organizations and business transactions. He is engaged with various Port- land nonprofits, including serving as the current board president of Chess for Suc- cess. He is also a member of the advisory board for the Institute for Youth Success at Education Northwest (formerly Oregon Mentors).

46 OREGON STATE BAR BULLETIN • MAY 2016 Miller Nash Gra- ham & Dunn has announced the promotion of Kay Abramowitz and June Wiyrick Flores to partner. Both attorneys are part of the firm’s trusts and estates practice. Abramowitz has more than 30 years of experience in trusts, estates and business law. She specializes in providing advice to family-owned businesses, often advising on succession planning to help smoothly transition businesses to the next generation, or in helping businesses transition their profits to philanthropic causes. Abramowitz is active in the Portland community and currently serves on the board of the Port- land Opera, Meals on Wheels People and the University Club of Portland. Wiyrick Flores works with individuals, families and closely-held businesses to develop and implement their personal and business succession strategies. She assists fiduciaries and beneficiaries in estate, probate and trust administration. Wiyrick Flores also counsels tax-exempt and charitable organizations with formation, governance and operations matters. She is highly engaged in the community and participates on several boards, including the Randall Children’s Hospital Foundation, the Es- tate Planning Council of Portland, the OSU Austin Family Business Program and the Portland Tax Forum.

Environmental attorney Ilene Munk Gaekwad has joined Foley & Mansfield. She has substantial experience representing clients in Superfund sites and a strong legal background that includes working as an enforcement attorney for the EPA. She represented clients in Superfund matters in several states, including the Portland harbor Superfund

MAY 2016 • OREGON STATE BAR BULLETIN 47 site in Portland. She currently serves as YOU CAN MAKE A DIFFERENCE vice chair for the American Bar Associa- The Oregon State Bar is currently seeking candidates for the Board of Governors. tion Superfund Committee. In addition, The board is charged with the executive functions of the state bar. she is a member of OSB Environment and Natural Resource Section and serves as a mentor for the OSB New Lawyer Mentor- n Four open positions n Four year terms ing program.

n Filing deadline is May 10, 2016 Zemper Eiva Law has moved to the For more information contact Danielle Edwards at (503) 620-0222 Parkview Place or toll-free in Oregon at (503) 452-8260, ext. 426. building in the heart of downtown Eugene. The firm launched in 2015 with partners Travis Eiva and Erin Zemper. The practice focuses on tort claims including personal injury, wrongful death, professional negligence, insurance bad faith and crime victim representation. The new offices are located at 101 E. Broadway, Suite 303 Eugene, OR 97401.

Jessica Lewicki has joined the Port- land office of Williams Kastner in the firm’s business litigation group. Her practice focuses on products and prem- ises liability defense. Prior to joining the firm, Lewicki clerked for the Hon. Judge Katharine Weber at Clackamas County Circuit Court. The Oregon State Bar is pleased to welcome Kimberlee Petrie Volm has joined Cosgrave Vergeer MARK JOHNSON ROBERTS Kester an associate attorney in as new Deputy General Counsel the firm’s professional liability and Mr. Johnson Roberts was in private practice for 26 years, working in railroad practice family law and appellate litigation. He has a long history of bar leadership, groups. Her practice will focus on including serving as the OSB President in 1998–99, and serving in several defending legal malpractice actions, Fed- leadership positions with the American Bar Association and the National eral Employers Liability Act claims and LGBT Bar Association. He has also served in positions supporting the representing businesses and individuals in personal injury actions. Since 2014, she state’s system of lawyer regulation and discipline. Mr. Johnson Roberts has represented businesses and individu- holds a bachelor’s degree from Reed College, a JD from the UC Berkeley als in civil litigation matters in Portland School of Law (Boalt Hall), and an LLM in International Law from the and Chicago. She previously worked as a deputy public defender for the Office Willamette University College of Law. of Public Defense Services as an appellate attorney, representing clients in the

48 OREGON STATE BAR BULLETIN • MAY 2016 Oregon Court of Appeals and Oregon Su- preme Court.

Garvey Schubert Barer owner Eric Lindenauer has been appointed to serve as the managing director of the Portland office and as a member of the firm’s executive committee. Linde- nauer’s practice focuses on health care, employment and insurance. He has extensive experience litigating complex disputes and advising clients in these areas. Congratulations to our newest partner

Karri Kuenzli Bradley has joined Schwabe, Williamson & Wyatt as a Julie Bardacke Haddon shareholder in the firm’s intellectual Gordon & Rees is pleased to announce the promotion of property practice group in Portland. She Julie Bardacke Haddon to partner in our Portland ofﬁ ce. Ms. Haddon, an experienced litigation lawyer, focuses her practices all aspects of intellectual prop- practice on professional liability and products liability erty law, focusing on patent procurement, defense. She also defends developers and general trademark procurement, trademark en- contractors in construction defect litigation, employment, forcement, preparation of patent in- and securities matters. Ms. Haddon is active in the local fringement/validity opinions, IP licens- community and is a member of the Oregon, California and Washington state ing and handling domain name disputes bars. She has extensive experience in handling administrative proceedings, under the Uniform Dispute Resolution arbitration, mediation, and case management at all stages of litigation. Policy. She also prepares patentability opinions, freedom-to-operate opinions, non-infringement opinions and invalid- ity opinions. She was previously a partner at Klarquist Sparkman. 121 SW Morrison Street, Suite 1575, Portland 503.222.1075 www.gordonrees.com Ater Wynne and C. Bradford (Brad) Biddle have formed a strategic alliance aimed at serving the growing legal needs of global technology consortia. Biddle, former standards counsel for Intel, has engaged with hundreds of global standards-setting organizations, trade associations and open-source foun- dations. Ater Wynne is one of only a few law firms nationally with a team of attorneys focusing on technology consortia, including standards-setting organizations.

Portland law firm Dunn, Carney, Al- len, Higgins & Tongue has named three new partners and hired four associates in its real estate, business and litigation groups. Litigators Elizabeth Knight and Sam Smith and estate planning and tax

MAY 2016 • OREGON STATE BAR BULLETIN 49 attorney Melissa Busley have been named partners. Elizabeth Knight is a litigator with extensive experience in state and federal court. She focuses on commercial litigation, trust and estate disputes, legal malpractice defense and agriculture-related litigation. She is the 2015 recipient of the OSB Presi- dent’s Public Ser- vice Award. Sam Smith, a member of the litigation team who focuses on tort and employment matters, represents both plaintiffs and defendants in employment and housing discrimination, product liability and personal injury defense matters. He also works on a wide variety of commercial litigation issues. Melissa Busley prepares wills and trusts and advises clients on estate and gift tax Congratulations! matters, trust administration and charitable gifting. The American Academy of She also advises Appellate Lawyers tax-exempt organizations on operational honors matters and tax compliance. Bruce L. Campbell New to the Dunn Carney firm are the following associ- The American Academy of Appellate ates: David Boyer Lawyers is an organization that recognizes is a member of the outstanding appellate lawyers. firm’s real estate team and business Mr. Campbell was inducted into the team. He works organization on April 1. with individuals Bruce L. Campbell Portland Litigation and Appellate and commercial businesses to structure, Practice Team Leader draft and negotiate Miller Nash Graham & Dunn LLP residential, commercial and industrial real estate 503.224.5858 and business trans- MILLERNASH.COM actions. Alyssa Engelberg is a liti- Portland, OR | Seattle, WA | Vancouver, WA | Bend, OR | Long Beach, CA gator who advises and defends on all

50 OREGON STATE BAR BULLETIN • MAY 2016 areas of employment law. Prior to join- and its elected officials and employees in Lake City. However, labor law was Sabo- ing Dunn Carney, she worked for a na- all aspects of civil litigation in the state vik’s true passion and she soon relocated tional labor and employment law firm and and federal courts. Lillegren previously to Washington, D.C., to work for the clerked for Multnomah County Circuit worked as a litigation attorney for Cos- National Labor Relations Board. While Court Judge Stephen K. Bushong. Doug grave Vergeer Kester and as a deputy dis- there, Sabovik worked closely with indi- las Stamm is a liti- trict attorney for the Multnomah County vidual board members as well as the full gator and member district attorney’s office. board, advising on pertinent labor issues, of the insurance case resolution and strategy. She also defense team. He Gordon & Rees drafted numerous decisions, dissents, has both civil and is pleased to an- concurrences and orders for issuance or criminal litigation nounce the pro- publication. motion of Julie experience, having As an avid traveler, fly fisher and ac- Bardacke Haddon worked in Florida knowledged “foodie,” Portland was a nat- to partner in its in private practice ural location for Sabovik, so in 2005 she Portland office. An and as an assistant and her husband packed up and headed experienced litiga- public defender for the 17th Judicial Cir- for the West Coast, where Sabovik first tor with a practice cuit. Also joining the litigation Team is worked for Stoel Rives and ultimately for focus on profes- Lauren Russell, a Bullard Law. Sabovik joined Bullard as an sional liability defense, products liability recent graduate of associate in 2007 and quickly became an defense, the defense of developers and University of Or- integral part of the firm’s labor practice. general contractors in construction de- egon School of Law fect litigation, employment and securi- Sabovik loved labor law and especially who externed for ties matters, Haddon is active in the local enjoyed tracking the twists and turns of the Hon. Ann Ai- community, and a member of the Oregon, the National Labor Relations Board. She ken, Chief District California and Washington bars. was an invaluable resource for obscure Judge of the U.S. NLRB precedent — typically accompa- District Court for nied by entertaining commentary. the District of Ore- Sabovik’s hard work and sharp intel- gon and clerked with the Oregon Depart- In Memoriam lect earned her partnership status in 2012. ment of Justice appellate division. In the following year, Sabovik’s growing Jenn Sabovik, a shareholder at Bullard Kathryn Bourn has experience with NLRB and state agency Law in Portland, died Oct. 29, 2015, after joined Gresham hearings, federal circuit court appeals, la- a long battle with cancer. She was 41. Family & Bank- bor arbitrations and representation elec- ruptcy Law as an Jennifer A. Sabovik was born April tions led to her recognition as a Super associate attor- 25, 1974, in Canandaigua, N.Y., and Lawyers Rising Star. ney. Her practice spent most of her childhood in Arizona. In addition to her talent as a lawyer, focuses on family She attended the University of Southern she was an excellent source of restaurant law, including di- California and graduated in 1996 with a advice and an avid supporter of her USC vorce, custody and bachelor’s degree in creative writing with Trojans. She loved to travel and share restraining order a minor in cinema/television. her amusing and interesting stories of ad- proceedings. In addition, she welcomes Sabovik had an abiding interest in all ventures on the road. But most of all she the opportunity to represent grandparents things English, and she was able to im- loved her son Max, now almost 4, radiat- and other concerned relatives of families merse herself in the culture and explore ing deep affection and tenderness when- involved in the foster-care system. She her love of literature and epic stories as ever she spoke of him. also has experience handling bankruptcy, part of a study abroad program at Cam- Sabovik’s courageous battle against probate, estate planning and landlord- bridge University while at USC. She brain cancer was a daily inspiration to tenant matters. went on to complete her law degree at the her friends and colleagues. From February University of Utah, graduating in 2001. 2013 to her death, Sabovik fought every Shawn Lillegren While at Utah, Sabovik was awarded day. She faced this challenge with dignity, has joined the the ABN/BNA Award for Excellence in determination and sense of humor. Clackamas County the Study of Labor and Employment Law counsel’s office,and the Utah College of Law Award for Jim Simpson died unexpectedly on where he will work Outstanding Achievement in Labor Law. Thanksgiving Day, Nov. 26, 2015, from a with the litigation She was admitted to the Utah State Bar heart attack. He was 79. team as assistant in 2001. James Frederick “Jim” Simpson was county counsel. Sabovik then embarked on her law born Oct. 7, 1936, in Portland, and grew His primary re- career as a litigation associate attorney up in Portland, attending Buckman and sponsibilities will be to defend the county at Prince, Yeates & Geldzahler in Salt Rose City Park elementary schools and

MAY 2016 • OREGON STATE BAR BULLETIN 51 graduating in 1954 from Benson High yer of the Year in 1996 and received the he moved to Oregon, where he worked at School. At Benson, he played quarter- Multnomah Bar Professionalism Award Multnomah County Legal Aid and then back on the football team and sang with in 1996. He was a fellow in the Ameri- at Oregon Legal Services (OLS) as direc- the Benson Gleemen. He graduated from can College of Trial Lawyers, member of tor of litigation. He met his wife, Peggy, at Oregon State University in 1958 with a Multnomah County and American Bar OLS and they married in 1985, embark- commission as a U.S. Marine Corps of- associations, diplomate of the American ing on a marriage that lasted 30 years and ficer. He also married his college sweet- Board of Trial Advocates and member of produced two daughters. heart, Carol White, in 1958. the International Association of Defense His approach to life was based on a rec- Simpson then served 20 years with Counsel and the Defense Research Insti- onciliation mentality. So when he transi- the Marine Corps, including a 13-month tute. He was one of the founders of Or- tioned out of practicing law, he turned to tour in Vietnam as an infantry company egon Association of Defense Counsel. mediation. He directed the Clackamas commander in 1966-67. He was awarded His legal practice areas included insur- County Dispute Resolution Center and the Bronze Star and Purple Heart for his ance defense, focusing primarily on com- then taught in the conflict resolution service in Vietnam. After returning from plex litigation involving medical mal- program at Portland State University for Vietnam, he met and married V. Lee practice defense, professional liability and many years. He also taught mediation to Rouse Ellis. He retired from the Marine health law. He served as general counsel communities in Namibia, England, China Corps in 1978 and enrolled in law school, to the Oregon Medical Association be- and across the western U.S. graduating from the University of Puget ginning in 1972. He participated in many A treasured member of the legal and Sound Law School in 1982. thorny medical-legal issues, particularly mediation communities, Sitnick was in- He served as a Multnomah County in areas of professional liability, insurance volved in the Oregon Mediation Asso- deputy district attorney until 1985 before and legislation. Cooney authored the first ciation and received the Sid Lezak Award going into private practice for the next 12 Oregon Medical-Legal handbook for phy- for Excellence in 2009. He was known for years. In 1985, he met his third wife, Terri sicians, more commonly referred to as the his measured reasoning, sense of humor Dill, whom he married the next year and “Cheerios Book.” and the great kindness he showed to his spent 30 years with. A gregarious man who loved noth- friends and family. In 2000, Simpson recognized that he ing more than to spend time with family, Music was in his soul; he enjoyed sing- had Alzheimer’s and decided to retire; friends and children at barbeques or fam- ing and strumming on his banjo. He also he lived with the disease for the next 15 ily get-togethers, Cooney loved coaching loved the outdoors; rafting on the Rogue years until his death. kids (whether his own or others) in sports River and camping in the Oregon wilder- Simpson was a board member of the like baseball, football and basketball. ness areas were regular summertime activ- Vietnam Veterans Memorial wall in He long wanted to open “Cooney’s Law ities. Slowed by Parkinson’s disease later Washington Park and a board member Clinic and Auto Repair.” His personal in life, he nonetheless was always up for of the Military Officers Association of passions included golf, jazz, dancing and weekly hikes in Forest Park with regular America even up to the time of his death. funny hats. He also had a great love for hiking buddies. He is survived by his wife, a daughter the outdoors. He is survived by his wife and daugh- and son, and grandchildren. He is survived by his wife, Janice, ters. three sons and a daughter, a stepson, nine Longtime Portland lawyer Thomas grandchildren and his former wife, Bev- Longtime Gresham lawyer Bob Rind Cooney died in his sleep Dec. 6, 2015, at erly Cooney of Sherwood. fusz died December 13, 2015. He was 69. his new home in Charbonneau. He was 84. Robert “Bob” Rindfusz was born in Thomas Emmett Cooney was born Stan Sitnick died Wolf Lake, Ind., on Aug. 25, 1946, the July 16, 1931, in Portland, the son of im- Dec. 8, 2015. He elder of two boys in a family that valued migrants from County Limerick, Ireland. was 71. education. He attended Columbia City He grew up in Portland’s Eastmoreland Stanley Arthur High School in Columbia City, Ind., neighborhood and never left the area. Sitnick was born where he was a member of the National He attended Washington High School June 25, 1944, in Honor Society and the successful state in Portland and graduated later from the Washington, D.C., champion debate team. He was also a University of Portland with a bachelor’s and grew up in Sil- manager of the high school sports teams. degree in philosophy and Willamette ver Spring, Md., After graduation with honors from high University with a J.D. After graduation, with a tight knit school, he attended Indiana University in he was admitted to the Oregon bar in circle of boyhood friends. After graduat- Bloomington, where he was active in stu- 1956. He was a veteran of the U.S. Air ing from Montgomery Blair High School, dent government. Force but frequently referred to himself he earned a B.A. at Georgetown Univer- Upon completing his degree at I.U., as the “worst soldier ever,” saying he pre- sity and then a J.D. at the University of he earned a law degree from the Univer- ferred golfing to marching. Chicago Law School. sity of Michigan. While at Ann Arbor, he Cooney was named American Board As a new lawyer, he tackled social jus- met his future wife, Kathleen, whom he of Trial Lawyers Distinguished Trial Law- tice issues in Washington, D.C. In 1971, married following graduation.

52 OREGON STATE BAR BULLETIN • MAY 2016 After graduation, they moved to Or- Arbitration Association and the Federal and the boards of the Urban League of egon, where he took a job as assistant at- Mediation and Conciliation Service, as Portland, Metropolitan Family Service, torney general for higher education. He well as Employment Relations Boards Planned Parenthood, Campfire Boys and later became general counsel to Portland in Oregon, Washington, Utah, Nevada Girls Club, and Center for Community Public Schools before entering private and Montana. In 1996, he became the Mental Health. practice. president of Shelter America Group, a She is survived by her three children He spent much of his adult life living nonprofit developing affordable housing and seven grandchildren. Her former hus- on Fairview Lake. The deck overlooking in the Western U.S. He resigned from band, the late NBA player Maurice Lucas, the lake was a place to welcome friends, this position in 2011 but continued on predeceased her. watch wildlife and read. Saturdays in the Shelter America Group’s board of direc- fall would find him in front of the televi- tors until his death. Margery J. Moore died March 6, sion watching his much-loved Michigan Over the years, his community ser- 2016, at age 70. Wolverines, Indiana Hoosiers or Oregon vice included being president of the Japa- Moore was born May 5, 1945, in Los State Beavers play football. nese Garden Society of Portland, Trinity Angeles. Her parents were both school Downhill skiing was also a passion, Episcopal Cathedral as a member of the teachers. The family eventually moved to and he had season passes and for many Chapter Financial Committee and com- Ashland when her father took a position in the English Department at Southern years was a ski host at Timberline. He also missioner for the Center for Spiritual Oregon College. She graduated from Ash- loved to play racquetball and played for Development, Rotary Club and Portland land High School and attended Southern many years. He was very interested in ar- Chamber of Commerce. Oregon College before graduating with a cheology and visited and did research on Playing squash was his passion. He degree in anthropology from the Univer- Jamestown, Va., his favorite site to study. took up the game in 1964 and enjoyed sity of Oregon in 1967. He enjoyed music, especially jazz, and was playing with friends at the Multnomah an avid reader. Athletic Club and in tournaments. He After traveling and working else- where, Moore returned to Eugene in the Rindfusz was a former member of the was a member there for over 50 years, late 1970s and worked for Saif Corp., and Rockwood Rotary Club, the City Club serving on its board of trustees as vice as a paralegal for a law firm. She eventu- of Portland and was past president of the president. ally attended law school at the University University of Michigan Alumni Associa- He is survived by his wife of 36 years, of Oregon, graduating in 1983. She was tion, Portland chapter. Jayn Barnes Kellar, a son and daughter, a longtime member of the OSB Workers’ He is survived by his wife, two chil- two stepdaughters, six grandchildren and Compensation Section and a regular at- dren and four grandchildren. his former wife, Suzanne Clinger Garvey. tendee at the section’s annual conference at Salishan. Retired Portland attorney Sherman Rita Lucas, for- Kellar died Jan. 14, 2016, from complica- mer director of the Moore moved to Bend in 1983 after tions of Lewy Body Dementia. He was 81. Oregon State Bar graduation and worked as a paralegal and research attorney. She was still working Sherman Bullock Kellar was born Affirmative Ac- for the law offices of Philip Garrow at the July 21, 1934, in Lead, S.D. (He was the tion Program (now time of her death. great-grandson of Seth Bullock, who was known as Diver- appointed sheriff of Deadwood, S.D., af- sity and Inclusion), She was a well-known free spirit and deep thinker. She ran for state represen- ter the unfortunate demise of Wild Bill died Jan. 25, 2016. tative as a Democrat in 1992 in conser- Hickock.) After high school in Lead, She was 63. vative central Oregon. Her opponent Kellar went on to graduate from Stanford Rita Lyles Lucas published a letter to the editor that she University with a degree in economics. was born June 27, 1952. Among her many had written several years earlier arguing He attended law school at Stanford for accomplishments were serving as director for the legalization of marijuana on both two years and after a year in New York of affirmative action for the Oregon State moral and fiscal grounds. Her colleagues City with Aramco Oil, received his law Bar, from 1994 to 1997. She also had remarked: “Marge was ahead of her time. degree from the University of Colorado. worked for Northwest Strategies Inc., the And she was a proud supporter of her Or- state of Oregon and the city of Portland. A third-generation lawyer, he began egon Ducks.” his law career as a National Labor Re- She earned a bachelor’s degree in English She is survived by a daughter, her lations Board trial attorney in Denver. from Wheaton College, Norton, Mass., a mother, two brothers and a sister. He migrated to Portland in 1964, where master’s degree in public administration he was in private practice for more than from Harvard University’s John F Ken- 23 years. From 1986 to 1990, Kellar was nedy School of Government and a J.D. president and CEO of a company that from Lewis & Clark Northwestern School developed and sold products for the of Law in Portland. treatment and restoration of concrete. Her memberships and civic associa- From 1991 to 2009, he served on arbitrations were numerous, including commit- tion-mediation panels for the American tees and sections of the Oregon State Bar

MAY 2016 • OREGON STATE BAR BULLETIN 53 CLASSIFIEDS

FOR SALE tional storage space. Shared used Walking distance to Federal and of Congress Center (5th & Main) County Courthouses. Contact OREGON PUBLIC EMPOWER- of conference room for meetings with reception, conference room, with clients, signing room, pleas- 541-687-9066 or janet@citizens MENT NEWS – Weekly Email kitchen. $800/mo each, $850/ ant waiting area with fireplace, building.com. mo each with secretarial space. Issues/Legal Newspaper. OSB on-site parking. Reception in- Contact Christine, 503-242-1122, member special: Subscribe at cluded. Use of kitchen area, copy DOWNTOWN EUGENE – Pleas- [email protected]. OregonPEN.org for $25, Oregon- machine, phone line. There is even ant and professional environment. PEN gives $20 to Lawyer’s Cam- a shower. Notary available in this 2½ blocks from the Lane County DOWNTOWN PORTLAND LAW paign for Equal Justice (CEJ). busy law office. Office dimen- Courthouse. Too many features OFFICE SPACE – 10th Floor river to list. $850 per month. Find ad- and south views in Class A Build- OFFICE SPACE sions are 12.5’ X 11.5’. Building is large, spacious and welcoming. ditional information and photo- ing, Bank of America Financial 1ST MONTH FREE – A congenial Law practice you will be sharing graphs at: www.856olive.com Center, 121 SW Morrison. Three 14 attorney “law suite” with re- with is vibrant and friendly. Elliott, exterior offices ranging from DOWNTOWN EUGENE CLASS ception, two conference rooms, Riquelme & Wilson, LLP. 541- 192-235 sq. ft. ($1,200-$1,400) A. – Ground Floor of 10 story kitchen, internet and free parking, 383-3755. available in addition to secretary/ located nearly equidistant from building. 5553 NRSF on the cor- assistant spaces ($200). Recep- each of the tri-county courthouses BEND, OR: PROFESSIONAL OF- ner of 10th & Oak. Includes client tion area, conference rooms, law and next door to Starbucks. Con- FICE SUITE with plenty of on- parking. Contact 541-687-9066 library, kitchen, copier, and phone tact Jan or Jack at (503) 635-7773 site parking in quiet, tree lined or [email protected]. provided. Includes utilities except or e-mail [email protected]. business district. Self-contained DOWNTOWN LAW OFFICE DSL. Please call or email for more reception, 4 private offices, two SPACE available in the heart of information. 503-553-3133 or 5200 MEADOWS EXECUTIVE restrooms, built in storage closets, Portland at 851 SW Sixth, Pacific [email protected]. OFFICE SUITES in Lake Oswego large open meeting space with Center. Corner offices available has all-inclusive office and meet- bonus room suitable for confer- GLADSTONE LAW CENTER – with beautiful views, conference ing rooms. Includes phone an- ence room. Tenant improvements Share space with experienced room, coffee room, copy room, swering, unlimited conference available. Rent direct from build- lawyers. Overflow work available. free set up of internet and phone room access, phones, internet, ing owner - reflected in market Office is $500 per month. Call, access. Class A building on MAX kitchen and much more! Call 503- price. $1850 plus NNN . Elliott, Larry (503) 722 3850. line includes workout facility with 726-5999. www.5200meadows. Riquelme & Wilson, LLP. 541- shower/lockers, bike parking, on- HILLSBORO – 2 elegant offices 1 com 383-3755 site café, Ruth’s Chris Steak House block from courthouse. $650.00/ AVAILABLE DOWNTOWN BEND, UPSTAIRS OFFICES in a on the ground floor. Offices ea, utilities included w/first month PORTLAND class A office space 1925 Craftsman, lobby has fire- ranging from 10’ x 10’ to 20’x 14’ free. For pics/info contact John in 1515 Bldg 10th floor. Avail- place, conf. room, kitchen, re- ($500-$1,200), with all utilities Elliott: (503) 648-3146, or JME able 1/1/16. 180-sq-ft & 140-sq-ft ception/CAMS extra, potential and no long term commitment [email protected] . window offices, furnished or un- overflow work, Lillian@nonhos required. Assistant and support HILLSBORO DOWNTOWN OF- furnished, $650 & $600/month. tilefamilylaw.com 541-318-8038. staff spaces also available. Call On-site parking, office staff/fax/ Donna at 503.417.5499 or dmos FICE SPACE one block to court- copier/internet available. Addi- CLASS A OFFICE SPACE IN WIL- [email protected] house, free reserved parking. tional space for secretary/assis- SONVILLE – Established business/ Single private offices on month tant. Walking distance to court- commercial law firm with one or DOWNTOWN PORTLAND ex- to month or longer. $ 325 per house. Call Steve (503) 248-9092 two beautifully furnished office terior penthouse offices in Cen- month. Larger suites also avail- ext. 24. spaces available for lease. Look- tennial Block, a historic building able. New Comcast high speed ing for attorney with a compatible at 210 SW Morrison. Reception internet available! Call Jay Weil BEAVERTON OFFICES – Terrific practice. Great opportunity for services and access to conference (503) 924-5772, or e-mail jaym space for a small law firm. 1,100 – new attorney just getting started room is included. Two offices are [email protected] . 2,440 sq ft. for lease. In addition, as well as established attorney available. One corner office (18’ access to two shared bathrooms wanting to have the amenities of by 13’10”) with assistant and sup- LAW OFFICE SPACE AVAILABLE and a large conference room. a large law office in a small law port staff space for $1500/month DOWNTOWN at the Honeyman Plenty of off-street parking. At- office atmosphere. Easy access and one office (12’9” by 12’7”) for House, 1318 SW 12th Avenue, tractive one-story building located to I-5, free parking, conference $1,275/month. Both offices have Portland. Professionally remod- at 4085 SW 109th Ave., just east room, access to internet, tele- balconies. Storage space is avail- eled Victorian House. Easy street of Hwy 217, near Canyon Rd. phone system, copier, fax ma- able for rent as well. Contact Jor- parking for clients, 10 minute Easy access to Washington and chine, etc. Email for tour or more dan at 503-225-0701 or jordan@ walk to the courthouse, and easy Multnomah Counties. Lease rate information - [email protected]. winklercompanies.com. freeway access. Amenities in- negotiable. Call Charlie Ringo at clude law library, large conference (541) 390-3006. DOWNTOWN EUGENE – 1,495 DOWNTOWN PORTLAND – room, access to copier and fax. A sqft. Offices, conference rm, file Two 12’ x 13’ exterior offices in free tenant parking place with a BEND, OREGON. Perfect for solo rm, assistant space, reception. 7 attorney suite, one available 30 month lease ($205/month val- attorney. Roomy office with addi- Nice finishes, move-in ready. now, one October 1. 12th floor ue). $450/month. Contact Allan

54 OREGON STATE BAR BULLETIN • MAY 2016 at (503) 781-7887 or Eric at (503) able conference rooms present ditional cost. Month to Month employers and a select number of 224-1212. your clients with knockout views term starts $900.00. Small re- law firms in the Pacific Northwest. of the West Hills. The location duction if committed to 9 months Many of our corporate in-house NICE 11 X 14.5 FURNISHED OF- is on the top floor of the 1000 or longer. To schedule a viewing searches are exclusive to NWLS. FICE with large window and sep- Broadway Building. Spaces were contact Jeanie or Brook at (503) Email Linda Green Pierce, Presi- arate secretarial area with desk decorated by a professional de- 224-3100. dent, at: linda@nwlegalsearch. and chair outside door. New car- signer. Two conference rooms, com or call 503-296-9500. www. pet and paint. $735. Corner of kitchen and file room available VERY LARGE INTERIOR OFFICE nwlegalsearch.com for position SW 6th and Clay near the transit to share and receptionist services – At the Water Tower Building in postings. mall. Full reception and custom provided as part of lease. Copier, Johns Landing, Portland. Call for telephone answering, library fax and postage services available. more information. Asking $500 ASSISTANT DISCIPLINARY w/fireplace, conference room, Parking, private gym, and bank in monthly. Rod or Melissa 503-768- COUNSEL – INVESTIGATION – shower, all usual equipment. 7 building. Call Scott Brown at (503) 3100. The Oregon State Bar is looking experienced attorneys, 4 blocks to 228-5027. for someone to provide counsel courthouse, coffee shop and res- VIRTUAL OFFICES – 5200 Mead- in the evaluation, investigation taurant next door, fitness center OREGON CITY OFFICE SPACE at ows Executive Offices Suites has & negotiated resolution of ethics one block. Parking available $200/ 294 Warner Milne Road, Oregon virtual office packages that we complaints made against Oregon month. 521 SW Clay. George: City. Very close to the new Family can customize to meet your busi- lawyers. Please visit http://www. 503-226-3607. Justice Center, jail, Juvenile Court ness needs. Our services range osbar.org/osbcenter/openings. and county offices. Great location from mail receipt to answering html for job details. Equal Oppor- OFFICE SPACE 2 MONTHS FREE for a family law practitioner. Share phones and reception with fully tunity Employer – Share office space on the third space and office equipment with equipped conference rooms or floor of the River Park Plaza Build- other lawyers. Two conference day offices to meet your clients ATTORNEY – HEALTHCARE – ing in John’s Landing with other rooms, kitchen, staff break room. or do depositions. Call (503) 726- Sussman Shank LLP, a mid-sized, sole practitioners and a small law $625/mo. Ample parking. Call 5999. www.5200meadows.com full-service law firm in Portland, firm. Current tenants include Es- Tom at (503) 680-2884. Oregon, has an immediate opening tate Planners, Real Estate Law, PERSONALS in its Healthcare Practice Group for Family Law, Elder Law, Tax Prepar- PROFESSIONAL OFFICE CONDO a health law attorney with a mini- DISTRESSED BY THE DISOR- ers and Investment Advisors. This space Purchase or lease Downtown mum of five years of experience DER? When the paper flow gets is Class A space in a building that Core no money down, office 500 advising health care providers on a out of control, the stress level es- was built in 2003. Rent includes sq. ft. to full floors 5K sq. ft. Lease full range of transactional and reg- calates. Call for free and confiden- high speed Internet, phones, $24.sq. ft. NNN buy $350/sq. ft. no ulatory health law issues including: tial office assistance – Professional reception, voicemail, meeting money down. Call 503-703-7001 physicians and group practices, the Liability Fund Practice Manage- rooms, kitchen and parking! We or 503-697-5907 visit http://510sw Stark and Anti-Kickback statutes, ment Advisors – Sheila Blackford, have four offices available. Two at 5thst.checkoutmore.com. reimbursement including private Jennifer Meisberger, or Hong Dao $600 per month, one at $1,200 insurance, Medicare and Medic- RIVERFRONT/MACADAM AV- at (503) 639-6911 or 1-800-452- per month and one at $1,500 aid, HIPAA; compliance issues; and ENUE OFFICE – 10’ x 13’ South 1639. per month. We are looking for contract drafting and review; as facing office. Enjoy beautiful a one year commitment. We will well as general corporate matters. views of the Willamette River POSITIONS AVAILABLE throw in two months rent for free! An ideal candidate has the capacity while working in a congenial at- Please contact Bob Cronk at 503- It is the policy of the Bulletin for, and shows dedication to, busi- mosphere alongside a small firm 245-0894 or [email protected]. to only list opportunities for ness and practice development. A and 1 solo. Rent includes ac- employment that are consis- portable book of business is pre- cess to high speed copier/printer/ OFFICES IN KRUSE WAY/HWY tent with OSB Bylaw 10. ferred. Please address cover letters scanner, high speed internet, 217 AREA – Two corner attor- and resumes to our Chief Operat- and kitchen. Water, coffee, and A LATERAL MOVE IS A DIFFI- ney’s offices (one with porch ing Officer, Steven T. Seguin. Visit tea service is available to you and CULT DECISION, so let us find deck) in quaint house conversion, Sussman Shank’s website for in- your client. 6 person conference you the perfect fit. For more near I-5 and Hwy 217. Reception formation on the firm and its at- room available in suite. 2 larger than 15 years we’ve been con- room (with fireplace), conference torneys at www.sussmanshank. conference rooms (12 person and necting lawyers with great op- room-library, high-speed internet, com. Competitive Benefits and 25 person capacity) are available portunities. Our current searches fax, copier, kitchen/mail/produc- Compensation.Ranked one of the by reservation on the first floor of cover nearly all practice areas for tion room, street signage avail- 100 Best Companies to Work for the building. Free 2 and 3 hour Northwest law firms and compa- able, client parking. Easy central in Oregon. EQUAL OPPORTUNITY parking available for clients. Ga- nies, large and small. Give us a access to all three counties. $600. EMPLOYER. Call John S. (503) 624-0917. rage parking for tenants as well call in confidence. Candice Wilson as exercise room, day lockers, Stayer. Stayer Legal Search LLC BANKRUPTCY JUDGESHIP OP- ONE BEAUTIFUL NEWLY RENO- showers, and café. A short walk [email protected] PORTUNITY – US Courts-9th Cir- VATED OFFICE available in mod- for south waterfront green space, 503.968.0901. cuit District of Oregon. $186,852/ ern, class A building in downtown Tram and Portland Streetcar. Of- year. Full Announcement and Portland. Two secretarial spaces fice is currently furnished with A LEGAL CAREER encompasses Application at judgeship.ce9. are available as well. Located in desk, 2 client chairs, credenza many decisions over time. North- uscourts.gov or contact: person proximity to Multnomah County and 2-drawer filing cabinet. The west Legal Search, Inc. has been [email protected]. Applica- and Federal courthouses. The office is available unfurnished supplying the answers for law- tions due 5 p.m. on 5/12/2016. office is located within a suite upon request. Additional office, yers exclusively since 1987. Our shared by two established law secretarial space, and phone an- searches to hire lawyers are pri- BAUM SMITH, LLC is an estab- firms. The office and the avail- swering service is available at ad- marily conducted for corporate lished law firm in La Grande,

MAY 2016 • OREGON STATE BAR BULLETIN 55 Oregon seeking an associate counsel, and staff; conduct legal sociate to join its estate planning Oregon. Inquiries will be held in attorney. Oregon Bar member- research and draft complaints, practice in Portland. Successful strict confidence. Please send re- ship is required. La Grande, motions, memos. Our firm of- candidate will have at least five sume and cover letter to the Or- Oregon is home to Eastern Or- fers rewarding work on behalf of years of estate planning and trust egon State Bar, Attn: Blind Ad egon University and situated in individuals, and a commitment to administration experience, LL.M. B-19, P.O. Box 231935, Tigard, OR the Grande Ronde Valley with plaintiff’s work is essential. We in Taxation and/or extensive ex- 97281 or email: blindad@osbar. sweeping mountain views, abun- are seeking candidates with at perience in estate and income tax, org with the blind ad number in dant recreation and small town least 7 years of experience, with exceptional academic credentials, the subject line. charm. Please send resume, refer- preference given to candidates excellent research, writing, ana- ences and cover letter by-mail to with plaintiff’s personal injury ex- lytical, and communication skills, JOHNSON, JOHNSON & ([email protected]). perience or commercial litigation and the ability to work collab- SCHALLER, PC, seeks attorney experience. Must be admitted oratively in a team environment. to manage multi-district litigation BIER FAMILY LAW SEEKS AS- to Oregon State Bar upon hire. Must be licensed to practice in docket and related medical negli- SOCIATE ATTORNEY with mini- Must be proficient with Microsoft Oregon. Washington license is a gence or product liability claims. mum two years family law experi- Office Suite, Westlaw, e-filing, plus. Please e-mail résumé, cover Medical background or training, ence. Please send cover letter and and ideally have experience us- letter, law school transcript, and and/or prior experience in a rel- resume to lariel@bierfamilylaw. ing document management soft- a writing sample to CareersPDX@ evant field, preferred but not re- com ware. Must be able to manage gsblaw.com. quired. Will consider attorney of any experience level. Please send CRIMINAL/JUVENILE/DOM REL cases proactively, prioritize work- GENERAL PRACTICE LAW FIRM inquiries to: Kristin Barber, 975 ASSOCIATE – Five lawyer Rose- flow to meet competing dead- in The Dalles seeking a trial law- Oak Street, Suite 1050, Eugene, burg firm with court appointed lines, and work independently. D’Amore Law Group offers com- yer with 0-5 years experience. OR 97401 or kbarber@justicelaw contract is hiring. We are looking Practice areas include litigation, for a committed advocate to do petitive salary, cafeteria Sec 125 yers.com. plan, no-cost sharing health insur- business law, family law, criminal court appointed criminal, delin- defense, and estate planning. Ex- LAKE OSWEGO BUSINESS AND quency and dependency as well ance, disability and life insurance, 401k, monthly accrual of PTO, cell cellent research and writing skills ESTATE planning firm seeking at- as retained criminal and domestic required. Salary is competitive and torney with practical experience relations work. Must be admitted phone allowance, and fitness center allowance. We offer state of commensurate with experience. in closely held business represen- to practice in Oregon at time of Please send cover letter, resume, tation, estate planning and estate application. Minor Felony quali- the art technology and software. and writing sample to: Andrew J. and trust administration. Tax de- fied preferred, pursuant to the Please email cover letter with sal- Myers, 401 East Third Street, P.O. gree and employment law experi- Standards for Court Appointed ary requirements, resume, and Box 2190, The Dalles, OR 97058, ence a bonus. We offer competi- Lawyers. If not, then would pre- writing sample to Harmony Mill- or email to amvers@thedalles-law. tive compensation and employee fer enough experience to qualify er, Firm Administrator: harmony com. benefit package together with a quickly. Computer skills required. @damorelaw.com. congenial atmosphere and the Benefits include health insurance, GREENE & MARKLEY P.C. – FAMILY LAW FIRM hiring an opportunity to maximize one’s retirement, vacation, friendly and Seeking 2 to 3 experienced at- associate with three to five years potential as a business and estate supportive work environment, ex- torneys for lateral move into an of experience. Please send cover planning lawyer. If interested, perienced attorney mentors, very established commercial firm, with letter and resume to gary@ send cover letter and resume con- experienced staff support and the excellent opportunity to partici- zimmer-law.com fidentially to our Office Manager opportunity to develop a substan- pate in professional growth and tial private practice. Base salary GARVEY SCHUBERT BARER increased earnings. Qualified can- - [email protected]. range is $40,000 to $46,000 de- – Seeking an attorney to join its didates will have existing practice, LITIGATION ASSOCIATE – Ball pending on experience, plus 25% business and real estate practice be entrepreneurial and energetic, Janik LLP is seeking a Litigation percent of retained income, which in Portland. Successful candi- with a deep commitment to client (including Construction and Con- generally ranges from $3,000 to date will have at least 4 years of service and quality work. Con- struction Defect) associate for its $7,500 per year. Send resume and general business and real estate tact Ward Greene -- email: ward. Portland, Oregon office. Qualified [email protected] Tele- cover letter to Jim Arneson, 318 experience, preferably including applicants should have a mini- SE Jackson, Roseburg, OR 97470 business transactions and financ- phone: (503) 295-2668. mum of 1-3 years litigation ex- or email to jarneson@arneson ing, mergers and acquisitions, perience, including construction group.com. business entity formations, real INSURANCE DEFENSE AT- and construction defect. Out- estate transactions, and leasing TORNEY – A regional law firm is standing writing and oral advo- D’AMORE LAW GROUP seeks and financing. The most qualified looking for an attorney to join its cacy skills are required, as well as a well-qualified Associate to join candidate will have exceptional active insurance defense practice strong academic credentials and our personal injury litigation firm. academic credentials, excellent with emphasis on professional admission in the Oregon State Our associates represent plain- research, writing, analytical, and malpractice and personal injury Bar. Qualified applicants should tiffs in complex personal injury communication skills, and the defense in its Portland office. Suc- submit a resume, transcript, cover cases, including motor vehicle, ability to work collaboratively in cessful candidates will have at letter and writing sample in con- trucking, nursing home, medi- a team environment. Must be least 10+ years of experience in fidence to Heather Oden, Execu- cal negligence, ELL/ELA, prod- licensed to practice in Oregon. civil litigation with an emphasis uct liability claims, and insurance Please e-mail résumé, cover let- on legal and medical malpractice tive Director, Ball Janik LLP, 101 and banking bad faith litigation. ter, and a writing sample to defense. Trial experience required. SW Main Street, Portland, OR, Candidates will be expected to [email protected] This position has the opportu- 97204. Applications are also ac- engage in significant client con- nity to assume responsibility for cepted electronically at hoden@ tact and supervise cases; maintain GARVEY SCHUBERT BARER – a thriving and successful practice. balljanik.com. EQUAL OPPORTU- open communication with clients, Seeking a mid- to senior-level as- Candidate must be licensed in NITY EMPLOYER

56 OREGON STATE BAR BULLETIN • MAY 2016 PUBLIC FINANCE ASSOCIATE – writing, analytical thinking, and child abuse and neglect cases. KIHEI, MAUI, HAWAII – Large Hawkins Delafield & Wood LLP is communication skills required. For more information please call ocean view 1BR, 2BA condo, LR seeking an associate for its Public Must be a member of the Wash- (503) 879-4623. Please send pro- sleepersofa, two pools/spas, ten- Finance practice in Portland, Ore- ington or Oregon bar or become posals to: Confederated Tribes of nis, across street from beach. At- gon. Candidates should have 2-4 licensed. GSB values diversity and Grand Ronde Tribal Court, 9615 torney discounts. mjs@aterwyn- years of legal experience. Ideal is an equal opportunity employer. Grand Ronde Rd., Grand Ronde, ne.com (503) 329-5088; Pictures: candidates will have experience All qualified applicants will receive OR, 97396. http://picasaweb. google.com / serving as bond counsel, disclo- consideration for employment SamSandmire/ OceanView Maui- BAR BOX REPLIES – To reply to sure counsel or underwriter’s without regard to race, color, re- CondoRentFromSamSandmire# . counsel, drafting and negotiating ligion, sex, age, national origin, an ad in the classifieds listing a bar all disclosure and legal documen- citizenship, veteran status, marital box address, mail responses in a KONA, HAWAII – Lovely ocean- tation for a public finance transac- status, sexual orientation, gender 9 x 12 or smaller envelope to the front 1 BR condo. Large MBR, Oregon State Bar, Attn: Blind Ad tion ,and have a high competency identity or expression, physical or vaulted ceilings, great view. Ten- _____, P.O. Box 231935, Tigard, with numbers. Candidates must mental disability, political ideol- nis, oceanside pool and spa, walk OR 97281 or email: blindad@os have strong analytical, writing, ogy, familial relationships, or sta- to town (503) 675-6220. For bar.org with the blind ad number and interpersonal skills, as well tus in any other legally protected photos, email: [email protected] . in the subject line. To protect the as excellent academic creden- group. Interested candidates who confidentiality of a bar box holder PARIS APARTMENT – At Notre tials. Interested candidates may meet the qualifications should and of the reader, we offer the Dame. Elegant 2 bedroom, 2 submit a cover letter, resume and email their resume and cover let- following service: if there is a firm bathroom apartment, in the heart transcript to Bonnie Radafshar at ter to [email protected]. you do not wish to see your re- of Paris. (503) 227-3722. [email protected]. If you require assistance with the sponse, list that firm (or firms) on application process, please con- RONDONE KEMP has been ex- a note included with your letter to SCOTTSDALE – North Scottsdale tact Joey Ross at 503-228-3939. clusively engaged by Jordan Ramis the bar box. Put both in an enve- home near Troon and TPC golf courses. Newly furnished. 3BR, PC to recruit partner-level attor- THE PORTLAND, OREGON OF- lope addressed to “Classified.” If 2BA, 52”plasma TV, pool, out- neys with portable practices for FICE OF LITTLER MENDELSON the box holder is a firm you have outstanding opportunities in the is looking for an associate at- listed, your response will be re- door barbecue. No smoking, no firm’s Portland and Bend offices. torney with a minimum of 3-5 cycled. pets. Tony at (503) 221-2271. With 32 attorneys, many joining years of labor and employment from larger firms, Jordan Ramis POSITIONS WANTED SEASIDE – Absolutely gorgeous litigation experience. The can- 3200 sq ft vacation home with offers a client-centered, collabora- didate should possess excellent NEED HELP WITH A BIG CASE? tive and state-of-the-art environ- panoramic ocean view during the academic credentials and his/her Want to expand your practice? day & city lights at night. Hot tub ment for your practice. Please call Want to take a vacation? Con- experience should include litiga- on deck, Sleeps 8+. Pet/smoke us at 503.778.7600 for a confi- tact the OWLS Contract Lawyer tion and a labor and employment free. Introductory rates (360) 694- dential consultation to help you Service. We can help. Fast! You law background. If you are inter- 5907, (503) 784-6903. determine whether this platform ested in applying for this position, contact us with project/job infor- matches your career goals. www. please submit your resume online mation. We immediately post the SEASIDE – Large 3 BR, 2 BA, RondoneKemp.com. at http://www.littler.com/careers. announcement to our contract ½ block to beach. 2 TVs, partial SENIOR CORPORATE COUNSEL Littler is the largest global employ- lawyer listserve. You are promptly ocean view. 2 night minimum - – FEI Company, Hillsboro. Seek- ment and labor law practice with contacted by contract lawyers $180 per night, $1100 per week ing senior-level corporate counsel more than 1,000 attorneys in over who meet your criteria. Free! No + cleaning + tax (503) 228-4317 with in-house experience pre- 60 offices worldwide. Littler rep- fee to post jobs or projects. You or (503) 777-3283. No smoking, ferred. Apply at: https://careers- resents management in all aspects pay the contract lawyer you no pets. fei.icims.com/jobs/6463/senior- of employment and labor law and hire. Effective! Contract lawyers 2 SUNRIVER HOMES – Beautiful, corporate-counsel/job serves as a single source solution statewide. Many levels of experi- provider to the global employer ence. Many types of expertise. spacious 4 BD 10 person home on SENIOR HEALTHCARE ATTOR- community. Established in 1942, For more information, or to post Deschutes River w/2 masters w/ NEY – Garvey Schubert Barer, a the firm has litigated, mediated a job, contact the OWLS office at king beds. Remodeled, comfy 3 law firm with offices in Seattle, and negotiated some of the most (503) 841-5720 or email oregon BD 9 person home near SHARC Portland, Washington DC, New influential employment law cases womenlawyers@oregonwomen w/loft play area. Both homes have York City, Anchorage and Beijing, and labor contracts on record. For lawyers.org. ping pong, hot tubs, WIFI, big is seeking a Senior Healthcare At- more information, visit littler.com. screen TVs, bikes, w/d & SHARC torney to join the firm in Seattle or Littler offers a generous benefits PRACTICES FOR SALE passes. Enjoy skiing, golfing, raft- Portland. Must have a minimum of package to all full-time employ- EASTERN WASHINGTON LAW ing & tennis (503) 691-5959. seven years of experience repre- ees. Littler is proud to be an equal FIRM FOR SALE – A stable, tri- SUNRIVER – Cascara Vacation senting healthcare clients and fa- opportunity employer. No tele- counties, eastern Washington miliarity with Stark, Anti-kickback, phone calls please. No Recruiters law firm ideally located in a pres- Rentals - Over 120 homes & con- Medicare, and Medicaid regula- - principals only. tigious setting, with an excess of dos with hot tubs, free Wi-Fi, tion. Medical staff, managed $500,000 annual revenue. This many pet friendly & with free ac- care, ACO, insurance regulatory TRIBAL COURT SEEKS PRO- is an excellent opportunity with cess to the Sharc aquatic & recre- and long-term care experience a POSALS – The Tribal Court for capacity for substantial growth ation facility. Contact us today at plus. The firm has a substantial the Confederated Tribes of Grand in revenues. Contact (800) 837- (800) 531-1130, visit our web site healthcare client base, but the Ronde is seeking proposals for 5880 or [email protected]. at www.cascaravacations.com ideal candidate will have exist- indigent defense lawyers to rep- or email us at cascara@cascarava ing healthcare clients. Excellent resent children and parents for RECREATIONAL RENTALS cations.com.

MAY 2016 • OREGON STATE BAR BULLETIN 57 SUNRIVER – Warm, cozy, 2 bed- FORENSIC DOCUMENT EX- that may have occurred, provide WILL SEARCH room, 1 bath Ranch Cabin, ideal AMINER – Trained by the Secret chronologies/summaries, de- SEARCHING for the will for Bethel for a weekend getaway. Fireplace, Service and US Postal Crime Lab monstrative evidence, translate Orla Rice and Jay W. Rice, Med- TV, Wi-Fi, DVD, CD, BBQ, washer/ examiners. Fully equipped labora- and interpret medical records. ford, OR, Jackson County. Please dryer, fully furnished & well- tory. Qualified in state and federal Expert Witness location services. contact Lee N. Seater Cell: 970- equipped. Sleeps 4. $95.00/night courts. Retired from the Eugene Average length of experience in 445-8248. Home: 541-482-1853. + $75 cleaning fee (541) 944- Police Department. Jim Green, nursing for our consultants is 20 Email: [email protected] 2694. (888) 485-0832, www.documen years and includes experience in or [email protected]. texaminer.info . clinical areas such as: Corrections SERVICES Healthcare, Critical Care, Telem- TO SUBMIT A CLASSIFIED FORENSIC HANDWRITING EX- etry, Long-Term Care, Workers’ APPELLATE ATTORNEY avail- POSITIONS AVAILABLE AMINER – Court qualified (fed- Compensation as well as many able to assist with appeals or $30 for the first 20 words, 50 eral & state). The only double- other specialty areas! Willamette take referrals. Experienced with cents each additional word. board certified examiner in Pacific Nurse Consultant Group, (971) hundreds of appeals. Background Northwest. Suspicious handwrit- 777-2687 info@willamettenurse SERVICES also includes publication of the ing & disputed signatures. 65+ consultantgroup.com www.willa $40 for the first 20 words, 50 “Oregon Appellate Manual” with trial testimonies. Jacqueline A. mettenurseconsultantgroup.com cents each additional word. Butterworths, and eleven years of Joseph, CDE, D-BFDE. 503-227- teaching legal writing, research 3411. www.jjhandwriting.com. PHARMACOLOGY, STANDARD ALL OTHER ADS and appellate advocacy at the OF CARE CONSULTANT – Ser- $40 for the first 20 words, INVESTIGATION – Northwest In- University of Oregon School of vices include file, medical record 50 cents each additional word. vestigations & Consulting is a full Law. Some appeals cost under and chart review, chronologies, Oregon State Bar members service investigation firm special- $4000. Call George Kelly, (541) summaries and trial briefs of receive a $10 discount on izing in: Trial Preparation, Locates, 343-1884. points and authorities based upon these ads. Interviews, Asset & Background published medical literature and AVIATION LAW – Landye Ben- Checks. Mike Greene of Rosen- their citations. Opinions and writ- COLOR nett Blumstein LLP is one of the thal, Greene & Devlin PC., states “ ings slanted toward educating the Color may be added to any ad leading firms in airplane and Their positive results & profession- trier-of-fact. Licensed in Oregon, for an additional $20. helicopter crash litigation for alism really shows” contact Steve with 40 years of hospital and BLIND BOXES plaintiffs, with over 40 years of (503) 710-4414, email: nwinvesti outpatient experience. No charge Add $15 to the cost of the ad combined experience. We have [email protected] web: nwin or obligation for initial consults. for this service. successfully litigated cases against vestigation.com. References and c.v. on request. many major aircraft/component [email protected]. LEGAL ETHICS DEFENSE: ETH- SUBMIT TO manufacturers, including Cessna, ICS ADVICE & OPINIONS – E-mail: [email protected]; Piper, Cirrus, Beech, Rockwell, PROFESSIONAL ORGANIZING Christopher R. Hardman - Provid- fax: (503) 598-6911; mail: P.O. Fairchild, Sikorsky, Robinson, Avi- SERVICES – Comprehensive PO ing defense services against Bar Box 231935, Tigard OR 97281, dyne, Honeywell, Teledyne Conti- services for Estate, Disability and disciplinary proceedings; legal Attn: Advertising. For questions, nental, Lycoming, Kaman, United Senior Planning Professionals. ethics advice, consultations, and contact Spencer Glantz at adver- Instruments, GE, Boeing, and Bonded & Insured. Life Simplified, opinion letters. Mr. Hardman is [email protected], (503) 431-6356 Airbus Helicopters. Contact Bob LLC Jane. LifeSimplified@gmail. a former Assistant Disciplinary (800) 452-8260 or ext. 356 (in Hopkins, Matt Clarke or James com (503) 750-0877 www. Counsel of the Oregon State Bar Oregon and Idaho toll-free). Fisher at (503) 224-4100, or on- LifeSimplified4u.com. Office of Disciplinary Counsel; DEADLINES line at LBBLawyers.com. REAL ESTATE NOTE BUYER – and a former Bar prosecutor. He The first business day of each If your client wants cash from a CIVIL LITIGATION PARALEGAL is a speaker and moderator at Eth- month for the following month’s mortgage note, call the note buy- – Over 26 years of Civil Litiga- ics Continuing Legal Education issue. ers at 1-800-634-4697 or www. tion Experience. Experienced in Seminars sponsored by the Bar, SeascapeCapital.com. trial, arbitration and mediation. New Lawyers Division and others. He may be contacted at his office: Specializes in construction, em- STRESS, anxiety, depression psy- Christopher R. Hardman, (503) ployment and general litigation. chotherapy and counseling; career 916-1787, or Fax (503) 916-1789; Prepare construction liens, post counseling; confidential assistance 25 NW 23rd Pl Ste 6, PMB 497; lien notices and all additional fol- improving strained relationships, Portland, OR 97210. low up requirements. Prepare cli- clarifying career considerations, ents and witnesses for deposition, LEGAL NURSE CONSULTANT responding constructively to oc- trial, arbitration and mediation. – Offering Board Certified Legal cupational, family, and individual Conduct debtor examinations Nurse Consultants with the LNCC emotional developments, transi- and trace assets of debtors. Draft certification from the Ameri- tions, etc. Standish McCleary III, pleadings (Complaint, Answer, can Association of Legal Nurse J.D., Ph.D., Lic. psychologist (16 RFP, Subpoena’s, Interrogatories). Consultants---the gold standard yrs. atty); (503) 228-0688. Shawn G. Stanley Slingshot Legal in LNC credentialing. The ONLY Services. 10824 SE Oak Street, certification recognized by the WANTED # 241. Portland, Oregon 97222. American Board of Nursing Spe- WANT TO PURCHASE minerals Telephone: (503) 956-6629. e- cialties. Offering the following and other oil/gas interests. Send mail: slingshotlegal@comcast. services: review files for stan- details to: P.O. Box 13557, Denver, net. www.slingshotlegal.com. dards of care and any deviations CO 80201.

58 OREGON STATE BAR BULLETIN • MAY 2016 Attorneys’ Marketplace

accident reconstruction accountants, cont. Business Valuations Accident Analysis Service litigation support, cont. BV Advisors, LLC Don Webb Jones & Roth CPAs & Business Advisors R. Lee Foster, CPA, CFF, ABV, ASA 3890 Brush College Rd Christopher hays, ASA, CPA/ABV, CVA, CFE 888 SW Fifth Ave, Ste 800 Salem, OR 97304 William V. Mason II, ASA, CPA/ABV, CFF Portland, OR 97204 Ph 503-931-0670 Fx 503-589-1826 432 W 11th Ave Ph 503-445-3376 Fx 503-227-7924 [email protected] Eugene, OR 97401 [email protected] www.crashspeed.com www.bvadvisors.com Ph 541-687-2320 Fx 541-485-0960 Forensic analysis and 3D animation. Valuation of debt and equity securities, intellectual [email protected] property and other intangible assets for private and SkyShots Aerial Photography www.jrcpa.com public companies (ESOPs, 409A, transfer pricing, Dan Bigelow, Jr. Jones & Roth CPAs and Business Advisors provide fairness opinions, corporate/marital dissolutions, business valuation, calculation of economic damages, etc.). Forensic and economic damages analysis PO Box 91306 forensic accounting and expert testimony services (lost profits/wages, patent infringement, breach Portland, OR 97291 from offices in Portland, Eugene and Bend. Our BV of contract, business interruption claims, etc.). Ph 503-492-9301 and Litigation Support team has more than 50 years [email protected] combined experience serving the state of Oregon. Cogence Group, PC www.sky-shots.com Morones Analytics, LLC Jay Sickler, CPA, CFF, ABV, ASA Serena Morones 935 NW Everett St Portland, OR 97209 accountants 625 SW Broadway, Ste 200 Portland, OR 97205 Ph 503-467-7900 Fx 503-467-7899 Cogence Group, PC Ph 503-223-5168 Fx 503-223-5179 [email protected] Jay Sickler, CPA, CFF, ABV, ASA [email protected] www.cogencegroup.com 935 NW Everett St Financial forensics | Business valuation. Answers www.moronesanalytics.com Portland, OR 97209 to complex financial questions. We are accurate, Damage analysis, forensic accounting, fraud credible, and ethical. Our team is comprised of all Ph 503-467-7900 Fx 503-467-7899 investigation, data analytics, intellectual CPA’s, passionate about what we do, which translates [email protected] property damages, lost wages, wrongful into serving our clients with the very best we can www.cogencegroup.com death and business valuation. offer. Jay Sickler has 28 years of full-time financial Financial forensics | Business valuation. Answers forensics experience. He has testified in more than to complex financial questions. We are accurate, appraisers 120 cases as an expert witness, more than many credible, and ethical. Our team is comprised of all other experts combined. Our reputation is built CPAs, passionate about what we do, which translates Powell Banz Valuation, LLC on being skilled in communicating our findings into serving our clients with the very best we can Katherine Powell Banz, MAI persuasively and with integrity. We get the job done offer. Jay Sickler has 28 years of full-time financial right, on time, and backed up by expert testimony. forensics experience. He has testified in more than Jonathan B. Banz, MAI 120 cases as an expert witness, more than many C. Spencer Powell, MAI Jones & Roth CPAs & Business Advisors other experts combined. Our reputation is built 2925 River Rd S, Ste 270 Christopher hays, ASA, CPA/ABV, CVA, CFE on being skilled in communicating our findings Salem, OR 97302 William V. Mason II, ASA, CPA/ABV, CFF persuasively and with integrity. We get the job done right, on time, and backed up by expert testimony. Ph 503-371-2403 Fx 503-371-2613 432 W 11th Ave [email protected] Eugene, OR 97401 Litigation Support www.powellbanz.com Ph 541-687-2320 Fx 541-485-0960 Powell Banz Valuation, LLC specializes in real estate [email protected] BV Advisors, LLC consultation and valuation related services. Our www.jrcpa.com family owned and operated firm includes three R. Lee Foster, CPA, CFF, ABV, ASA Jones & Roth CPAs and Business Advisors provide 888 SW Fifth Ave, Ste 800 designated MAI appraisers as well as several licensed staff appraisers and research assistants. business valuation, calculation of economic damages, Portland, OR 97204 We utilize modern data sources including CoStar, forensic accounting and expert testimony services from offices in Portland, Eugene and Bend. Our BV Ph 503-445-3376 Fx 503-227-7924 LoopNet and the various multiple listing databases to provide our clients with well researched and and Litigation Support team has more than 50 years [email protected] combined experience serving the state of Oregon. www.bvadvisors.com reliable valuation analyses. Valuation of debt and equity securities, intellectual property and other intangible assets for private and public companies (ESOPs, 409A, transfer pricing, fairness opinions, corporate/marital dissolutions, etc.). Forensic and economic damages analysis (lost profits/wages, patent infringement, breach of contract, business interruption claims, etc.).

MAY 2016 • OREGON STATE BAR BULLETIN 59 Attorneys’ Marketplace

Business Valuations, cont. court reporters Forensic accounting. cont. Markee Valuations, LLC Bridges Reporting & Legal Video, Inc. Geffen Mesher Laura Markee, CFA, ASA Greg and Shannon Glover David S. Porter, CPA, CFE, PI, Shareholder 412 W 12th St 17 SW Frazer, Ste 363 888 SW 5th Ave, Ste 800 Vancouver, WA 98660 Pendleton, OR 97801 Portland, OR 97204 Ph 360-601-0713 CELL 971-201-7349 Ph 800-358-2345 Fx 800-355-4992 Ph 503-445-3417 Fx 503-227-7924 [email protected] [email protected] [email protected] www.markeevaluations.com www.bridgesreporting.com www.gmco.com/fraud Over 18 years of experience in business valuation We provide court reporting and legal video services A good forensic accounting team possesses the desire and financial damages analysis (lost profits/ throughout Oregon, Washington and Idaho. We also to dig, delve, ask questions and consider all possible lost wages, business interruption claims). provide real-time, location procurement, Skype and scenarios. Geffen Mesher’s Forensic team includes Recognizing that each situation is unique, videoconferencing services. four Certified Fraud Examiners (CFEs). we provide experience-driven, detail-focused valuations to meet each client’s specific needs. Iba, Symonds & Dunn Morones Analytics, LLC Chris Iba, Debi Symonds, Joyce Dunn Serena Morones Morones Analytics, LLC 10260 SW Greenburg Rd, Ste 400 625 SW Broadway, Ste 200 Serena Morones Portland, OR 97223 Portland, OR 97205 625 SW Broadway, Ste 200 Ph 503-224-4438 • 800-449-4438 Ph 503-223-5168 Fx 503-223-5179 Portland, OR 97205 fx 503-293-8499 [email protected] Ph 503-223-5168 Fx 503-223-5179 [email protected] www.moronesanalytics.com [email protected] www.isdreporters.com Forensic accounting, fraud investigation, www.moronesanalytics.com data analytics, complex damage analysis, Business valuation, complex damage analysis, intellectual property damages, lost wages, forensic accounting, fraud investigation, expert witness testimony wrongful death, business valuation. intellectual property damages, lost wages. Vocational & rehabilitation experts Handwriting experts computer Forensics Scott Stipe & Associates, Inc. DBA Career Directions Northwest Forensic Handwriting & Deadbolt Forensics Scott Stipe, MA, CRC, DABVE, LPC Document Examination Michael Yasumoto 1425 SE 46th Ave Jacqueline A. Joseph, CDE, D-BFDE 1915 NW Amberglen Pkwy, Ste 400 Portland, OR 97215 921 SW Washington St, Ste 708 Beaverton, OR 97006 Ph 503-234-4484 Fx 503-234-4126 Portland, OR 97205 Ph 503-683-7138 Fx 503-296-5504 [email protected] Ph 503-227-3411 [email protected] www.careerdirectionsnw.com [email protected] https://www.deadboltforensics.com Vocational evaluation, expert testimony, earning www.jjhandwriting.com capacity analysis, labor market survey, life care Jacqueline A. Joseph, CDE, D-BFDE. Established and Miller Computer Group planning, vocational rehabilitation. Nationally trusted since 1992. The only double-board certified Roy Miller certified, recognized, credible experts. examiner in the Pacific Northwest. Recognized and Established 1978. 10774 SE hwy 212 court qualified (state/federal) more than 65 testimonies. Uses scientific method. Identifies Clackamas, OR 97015 document tampering, suspicious signatures/ Ph 503-655-1405 Fx 503-655-1408 Forensic accounting handwriting, anonymous note writers and more. [email protected] Cogence Group, PC Serving Oregon, the Pacific Northwest and beyond! www.computerforensicsinc.com Jay Sickler, CPA, CFF, ABV, ASA 935 NW Everett St insurance court Bonds Portland, OR 97209 Brown & Brown Northwest Ph 503-467-7900 Fx 503-467-7899 Court Bonds Cathy Webb [email protected] 5727 SW Macadam Ave 2701 NW Vaughn, Ste 320 www.cogencegroup.com Portland, OR 97239 Portland, OR 97210 Financial forensics | Business valuation. Answers Ph 503-219-3241 CELL 503-317-7501 Ph 503-977-5624 • 800-632-6878 to complex financial questions. We are accurate, fx 503-245-9188 credible, and ethical. Our team is comprised of all fx 503-914-5448 [email protected] CPAs, passionate about what we do, which translates [email protected] into serving our clients with the very best we can www.bbnw.com www.jdfcourtbonds.com offer. Jay Sickler has 28 years of full-time financial A division of JD Fulwiler & Company Insurance. forensics experience. He has testified in more than 120 cases as an expert witness, more than many other experts combined. Our reputation is built on being skilled in communicating our findings persuasively and with integrity. We get the job done right, on time, and backed up by expert testimony.

60 OREGON STATE BAR BULLETIN • MAY 2016 insurance, cont. litigation support/ registered agents trial consulting JD Fulwiler & Company Insurance Unisearch, Inc. Integrity Legal Nurse Consulting 5727 SW Macadam Ave JC Talbot Wendy Votroubek, RN, BSN, MPh, LNC Portland, OR 97239 325 13th St NE, Ste 404 4207 SE Woodstock Blvd, Ste 365 Ph 503-293-8325 • 800-735-8325 Salem, OR 97301-2294 Portland, OR 97206 [email protected] Ph 800-554-3113 x1011 Fx 800-554-3114 Ph 503-775-3221 Fx 503-775-3224 www.jdfulwiler.com [email protected] Commercial • Personal • Life • Health • Financial [email protected] www.unisearch.com www.legalnursepdx.com Unisearch offers registered agent representation Providing a much-needed medical record analysis, nationwide, offering a wide range of services to interpreters uncovering essential issues and ensuring the best assist in managing your corporate entities. possible position for your clients. Oregon Certified Interpreter’s Network, Inc. Law Offices of C. R. Hardman, LLC tax proBlem resolution Statewide—All Languages Christopher hardman Eileen D. Sautner, EA, LTC, USTCP Ph 503-213-3191 Fx 503-649-5121 25 NW 23rd Pl, Ste 6, PMB 497 Eileen Sautner, U.S. Tax Court Practitioner [email protected] Portland, OR 97210 470 N Villa Rd www.oregoncertified.com Ph 503-916-1787 Fx 503-916-1789 Newberg, OR 97132 [email protected] Ph 503-538-8340 Fx 503-538-0547 inVestigators [email protected] civil & criminal investigations puBlic records www.sautnerandassociates.com Northwest Investigations & Consulting Unisearch, Inc. Steve Robinett JC Talbot Video serVices 8305 SE Monterey Ave, Ste 220 325 13th St NE, Ste 404 Discovery Media Productions, Inc. Portland, OR 97086 Salem, OR 97301-2294 Devin Williams, CLVS Ph 503-710-4414 Fx 503-262-6800 Ph 800-554-3113 x1011 Fx 800-554-3114 6915 SW Macadam Ave, Ste 130 [email protected] [email protected] Portland, OR 97219 www.nwinvestigation.com www.unisearch.com Ph 503-892-1998 CELL 503-680-8008 DPSST# 33947 Worldwide Corporate, Registered Agent, UCC www.discoverymp.com Services and public record research, including multi-state filing and search projects. liFe care planners Dana Penilton Consulting, Inc. Dana Penilton, RN, BSN, CCM, CLCP 6327-C SW Capitol hwy, PMB 132 Portland, OR 97239 Ph 503-246-6232 CELL 503-701-9009 fx 503-244-1650 [email protected] Please support the www.danapenilton.com THANk Life care plan expertise complemented by extensive experience in catastrophic injury management. advertisers who support Professional nurse consulting firm established in 1997. Nationally certified in life care planning and medical case management. yOU! the Attorneys’ Marketplace.

Check out our featured listings want to be featured in online at www.osbar.org. next month’s issue? Please call 503-445-2222 or email [email protected] for details.

MAY 2016 • OREGON STATE BAR BULLETIN 61 PARTING THOUGHTS

The Strange Life of ORS 1.050 By James R. Hargreaves

hen I was appointed to the manage themselves. See 1981A.G. Op. bench in 1975, one of my ear- No. 8006, March 1981 There was no Wliest and most important les- mention in the opinion of the Kellogg or sons was about getting paid. At the end Classen or any of the subsequent cases in of my first month on the bench I was pre- which Justice Tongue urged a rule based sented with a Certificate of Compliance. I on ORS 1.050. learned that this was a document that ORS Following the issuance of this opin- 1.050 directed each trial judge to sign on ion by the attorney general, a very curi- a monthly basis certifying that he or she ous thing happened, described by Tongue had no matter under advisement for more in his concurring opinion in Burlington than 90 days. If you did not provide the Northern, Inc. v. Department of Revenue, certificate, or could not because you in fact 291 Or. 729 (1981). First, Tongue points had something under advisement for more out that soon after the publishing of the than 90 days, you would not get paid un- opinion by Frohnmayer, the then-state til that was no longer the case. While the court administrator notified the trial judg- statute contained some allowance for stip- es that they were no longer required to file ulation of the parties, illness or “unavoid- the Certificate of Compliance mandated able casualty,” it was otherwise mandatory. by ORS 1.050. Tongue did not provide This certainly was an incentive to get one’s any insight into how this decision was ar- iStock work done in a timely fashion! rived at, or by whom. My research has not The statute, which remains in Oregon was slightly different but the substance was produced any clue either. Revised Statutes to this day, still requires completely the same. The Oregon Supreme In his discussion of this matter, this certification. It reads in the main part: Court indicated that, “the purpose of the Tongue pointed out that back in 1955 Any question submitted to any statute was … intended to speed up the the Oregon Supreme Court, in Alexander judge of any court of, or any justice administration of judicial business by with- v. Gladden, 205 Or. 375 (1955), held that of the peace in, any of the courts of holding the judicial officer’s pay until he the court was not bound by the opinion this state, excepting the Supreme had rendered his decision.” of the attorney general. In addition, he Court and the Court of Appeals points out that the court has never ruled From Kellogg we now fast-forward to and the judges thereof, must be ORS 1.050 unconstitutional and that the decided and the decision rendered State v. Classen, 285 Or. 221 (1979). In statute makes perfectly good sense as ap- within three months after submis- this case then Justice Berkely Lent, spe- plied to the work of the trial courts. Thus, sion, unless prevented by sickness cially concurring, talks about the need for it is a mystery why the state court admin- or unavoidable casualty, or the time speedier action by the court on their ap- istrator treated the opinion of the attor- be extended by stipulation in writ- peals. He refers to ORS 1.050 as a possible ney general as controlling. It is even a ing signed by the counsel for the basis for the adoption of a rule by the court greater mystery why the court has let this respective parties and filed with the to help accelerate resolution of its cases. judge before the expiration of said continue all of these years. three months. This section is man- Following Classen, there were a series Today, there sits ORS 1.050 in the datory, and no officer shall…issue of cases in 1980 and 1981 in which Jus- Oregon Revised Statutes, once a powerful any … payment of the salary or any tice Thomas Tongue took the court to ruler over judicial pay but now, like a dic- installment of the salary … [unless task for delays and continually suggested tator deposed by a nameless cabal, living the certificate has been filed]. that it adopt a rule based on ORS 1.050 in plain view, ignored and unloved by all I have not bothered to trace this statute to “encourage” justices to work more ex- except some old, faithful followers yearn- back to its origins because it really would peditiously. ing for the good old days. not serve any purpose. However, the earli- Then, in 1981 Attorney General Da- Senior Circuit Judge James Hargreaves est citation of it (then Section 970-1) I have vid Frohnmayer opined that ORS 1.050 is a principle in Amicus Curiae Consulting, found is in the case of Kellogg v. Kellogg, 123 was unconstitutional as an inappropriate which works with courts in developing coun- Or. 639 (1928). The language at that time invasion of the province of the courts to tries. Reach him at [email protected].

62 OREGON STATE BAR BULLETIN • MAY 2016 Call for Nominations OSB Annual Awards

Every year the OSB honors Oregon’s most outstanding lawyers, judges and citizens, but we can’t do it without your help. The OSB is currently accepting nominations for the following awards: • Award of Merit Wallace P. Carson, Jr., Award for Judicial Excellence President’s Diversity & Inclusion Award President’s Membership Service Award President’s Public Service Award President’s Public Leadership Award President’s Sustainability Award • The Oregon Bench & Bar Commission on Professionalism is also accepting nominations for its 2016 Edwin J. Peterson Professionalism Award • The deadline for nominations is 5 p.m. on Thursday, June 30. Nomination criteria, forms and other information can be found at www.osbar.org. For additional information please contact Kay Pulju, OSB Communications Department, at 503-620-0222 ext. 402, 1-800-452-8260 ext. 402 or email [email protected].