Oregon's New Attorney General
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MuLTNoMAH LAwYER Lawyers associated for justice, service, professionalism, education and leadership for our members and our community. June 2009 Volume 55, Number 6 To Every Season MBACLE By Michael Dwyer, President, Multnomah Bar Association. To register for a CLE, please see the inserts in this issue or go to www.mbabar.org. I am at an age now where I notice rickety one-room courthouse on the North Shore of Oahu, where the June the arc of lives. I find myself litigants shuffled up before the bench appearing in flip-flops, shorts and reading newspaper obits and the tank tops (one depicting graphic sex). Tuesday, June 2 In Memoriam section of The Bar Corporate Counsel’s Bulletin. I feel myself struck by how In Portland I see myself dropping to the carpeted floor of my office to sit Perspective on Client quickly lawyers are forgotten and hold clients slumped in agony trying to recount stories of how their Relations and pass from our community, even lawyers who had achieved a therapists, caught in a contagious hysteria, had led people to believe Jim Carter notable reputation. they had been engaged in violent and gruesome ritualized murders and Emi Donis rapes with Satanic cults, all of it supposedly inaccessible to memory due Dean Freed This does not depress me. R ather, it helps me appreciate how precious to their hundreds of multiple personalities. Kenton Erwin life is. I feel my focus sharpening, my priorities adjusting. Ancient wisdom reminds us that fame and money and power count for I have long appreciated how lawyering allows us to live in a Charles Wednesday, June 3 nothing, but often one must make a million mistakes to understand. Dickens’ or John Irving’ novel, amidst our human circus. Age is helping Litigating a Trade Secrets me appreciate how miraculous it is. Case Every once in awhile we hit some marker that reminds us how David S. Aman quickly it passes. I recently dabbed tears away as my youngest But is not time to cling long to memory, but rather to let go. Thomas R. Johnson daughter stretched out her hand for a diploma and flung her cap into a blue sky. At our MBA annual dinner I passed a symbolic gavel to I am grateful for the chance to lead the MBA this year. We tried to plant Tuesday, June 9 Leslie Kay. I witnessed Andrew Schpak execute a flawless lateral of a few new seeds. I thought it important to begin to acknowledge the toil Practical Employment Law the YLS command to Justin Leonard, which triggered memories of this profession takes on us, and to offer some relief. In the fall we held a Guidance in an Economic myself as a young lawyer, my own arc. Downturn Continued on page 4 Dan Grinfas In that first job, an old boys’ mega firm in Los Angeles with wood- Tamara Russell paneled walls, the partners had a heavyset African-American Tamsen Leachman woman in a French maid’s outfit serving them cocktails and dusting the furniture. “She wants to wear it,” they assured skeptical young Congratulations, Award Wednesday, June 10 associates, whose ranks included a new phenomena - women. SB 311 and the Oregon Tort Winners Claims Act after Clarke v I see my buddy, lugging two giant briefcases up the courthouse steps OHSU in one hand, the other holding an umbrella over the partner’s head The MBA Annual Meeting, Dinner and Judges Reception held on William Blair so only one of them would get soaked. This was the seventies, and held May 7 recognized exemplary members. Kathryn Clarke in a highly prestigious firm they paid a new admittee well. On my Joseph Groshong $15,000 annual salary I bought a tan suit with daring French lapels, This year’s Professionalism Award winner is Judy Danelle Snyder. Richard Lane shoes with heels, and a Fiat Spider. In addition to Judy, 15 outstanding volunteers were recognized. The MBA Award of Merit was presented to the Honorable Jerry LaBarre, My first jury trial was in federal district court inLA , where I the MBA Judicial Screening Committee, Lisa Naito, Eric Waxler, prosecuted a couple for counterfeiting. Their lawyer tumbled down the Honorable John Wittmayer and JoLynne Zimmerman. The from the mountains of Montana. Trial was delayed until he could YLS Award of Merit was given to Colin Andries, Cashauna Hill and In This Issue purchase a suit of clothes and a tie. I see him preparing to begin Bernadette Nunley; Dallas DeLuca received the YLS Rookie of the opening statements cutting price tags from the sleeve of his new jacket Year award. Pro Bono Awards recognized Gene Grant, Amie Jamieson, . New on the Shelf...................... p. 3 Carl Neil, Bonnie Richardson and Bruce Rothman. The Corner Office.................... p. 3 One federal district court judge routinely arrived an hour or two Calendar.................................... p. 3 late for his afternoon docket so he could hit golf balls over lunch. In Congratulations to all the very deserving award winners! Announcements....................... p. 4 the middle of a bank robbery case he swiveled away and opened a Ethics Focus.............................. p. 4 newspaper with his back to us. Ruling on a motion he stuck out his Thank you to MBA Annual meeting sponsors Around the Bar......................... p. 7 tongue and gave a Bronx cheer. Tips from the Bench.................... p. 8 News from the Court............. p. 8 LexisNexis – Red Wine Sponsor Profile: John Kroger.............. p. 9 In Honolulu I represented a thin young man at his sentencing. He The Naegeli Reporting Corporation and D’Amore & Associates PC – YLS............................................. p. 10 was Hawaiian, uneducated, with nowhere to go but to the beach White Wine Sponsor Classifieds.................................. p. 14 one evening, where a Japanese tourist, asleep in his car, had $30,000 Multnomah Bar Foundation... p. 16 cash in a briefcase. When my client tried to pay for his Slurpee at Affinity Sponsors the local 7-11, wads of bills tumbled to the floor. And there was the Bank of the Cascades MULTNOMAH BAR Legal Northwest Staffing Specialists ASSOCIATION 620 SW 5TH Ave SUITE 1220 LexisNexis PORTLAND, OREGON 97204 The Naegeli Reporting Corporation 503.222.3275 MULTNOMAH BAR ASSOCIATION Northwest Employee Benefits, Inc. FAX 503.243.1881 PRSRT STD Office Depot WWW.MBABAR.ORG 620 SW FIFTH AVE., SUITE 1220 U.S. POSTAGE PORTLAND, OREGON 97204 Major Sponsors PAID Adina R. Flynn, J.D., Ameriprise Financial Services, Inc. PORTLAND, OR Bullard Smith Jernstedt Wilson PERMIT NO. 00082 Daily Journal of Commerce Iron Mountain Nationwide Process Service PLF Excess Program Rush Process Service Umpqua Bank Continued on page 7 MuLTNoMAH LAWYER BOARD OF DIRECTORS MBA Board of Directors Mediation • Arbitration President Experienced Michael Dwyer 36 years in litigation President-Elect 16 years in arbitration Leslie Nori Kay Secretary Effective Michelle S. Druce Treasurer Lisa M. Umscheid Past President Thomas W. Brown (503) 223-6121 Directors Andrew M. Schpak Gordon_Carey_Ad-bw.pdf 12/16/2008 3:26:41 PM YLS President 222 SW Columbia Street, Suite 1120 Portland, Oregon 97201-6602 David A. Ernst [email protected] Christine M. Meadows Jeff Crawford knollmediation.com Scott Howard Mediation and Arbitration Sarah J. Crooks When push In addition to continuing my active Steven K. Blackhurst trial and appellate practice, comes to shove, I am now available for Mediation Keith M. Garza and Arbitration we can help. Susan D. Marmaduke 33+ years’ experience in complex business, commercial, PI, Executive Director construction & maritime litigation Judy A.C. Edwards AV Rated Mediation & Arbitration Associate Executive Director GORDON T. CAREY, JR. Mediator for Oregon Court of • Experience Guy Walden Appeals since 2001 (503) 222-1415 • Integrity [email protected] Director, Events and Programs Member Oregon and Washington • Solutions Kathy Maloney State Bar Associations Executive Assistant and Communications Administrator Carol Hawkins James L.Knoll, P.C. A T TORNEY AT L A W Office and Membership 503.222.9000 • [email protected] Administrator Ryan Mosier ASHER PORTFOLIO ADVISORS, INC. 1500 SW Taylor Street • Portland, OR 97205 Registered Investor Adviser Office and Foundation AdministratorC Pamela HubbsM OREGON SUPER LAWYER IN Y THE MULTNOMAH LAWYER DISPUTE RESOLUTION 2006 is published 11CM times per year by the See what can happen when you Multnomah MYBar Association, Resume at www.wilsonadr.com 620 SW FifthCY Ave. Ste. 1220, Portland, OR 97204 CMY fund selection process. 503.222.3275 K An annual subscription is O.M. (Met) Wilson included in member dues or Mediation and Arbitration may be purchased for $20. Letters, award and news items, WILSON DISPUTE RESOLUTION and announcements are welcome. (503) 972-5090 Articles by members are [email protected] accepted. All submissions may Steve Mehlig, Investment Adviser Representative be edited for length, clarity and [email protected] . (503) 524-4230 style, are published on a space available basis, and at the editor’s discretion. Views expressed in articles represent the authors’ opinion, not necessarily the MBA’s. The publication does not purport to offer legal advice. Advertising is accepted; advertisers(ments) are not necessarily endorsed by the MBA. The editor reserves the right to reject any advertisement. DEADLINE for copy: The 10th of the month* DEADLINE for ads: The 12th of the month* *or the preceding Friday, if on a weekend. NEWSLETTER STAFF CONTACTS Editor: Judy Edwards Copy and Classified Advertisement: Carol Hawkins Display Ads: Ryan Mosier Design: Cyrano Marketing Solutions www.mbabar.org Copyright Multnomah Bar Association 2009 2 JUNE 2009 NEW ON THE SHELF CALENDAR By Jacque Jurkins, Multnomah Law Librarian. For a complete MBA calendar, please visit www.mbabar.org. ASSESSMENT OF OLDER CHILDREN, LAW, AND DISASTERS: Published by the Law Journal 20 ADULTS WITH DIMINISHED What we have learned from Katrina and Press, 2008.