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

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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 C Administrator 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.

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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. (KF 1655 A98 2008) June Saturday, St. Andrew Legal Clinic CAPACITY: A handbook for the hurricanes of 2005. Published by the Race for Justice psychologists. Published by the ABA ABA Center on Children and the Law, UNFAIR AND DECEPTIVE 2 Visit www.salcgroup.org for Commission on Law and Aging 2009. (KF 3735 C45) ACTS AND PRACTICES, 7th ed. Tuesday, MBA CLE details. and the American Psychological by Carolyn L. Carter and Jonathan Corporate Counsel’s Perspective Association, 2008. (KF 390 A4 A85) REAL ESTATE FINANCE IN A Sheldon. Published by the on Client Relations 24 NUTSHELL, 6th ed. by Jon W. Bruce. National Consumer Law Center, See insert or register at Wednesday, MBF Board meeting ADVISING THE QUI TAM Published by Thomson/West, 2009. 2008. (KF 1040 C62 2008) www.mbabar.org. WHISTLEBLOWER: From (KF 695 B78 2009) 30 identifying a case to filing under the OREGON PEDESTRIAN 3 Tuesday, MBA Golf outing at False Claims Act, 2d ed. by Robin Page ERISA LITIGATION. A publication RIGHTS: A legal guide for Wednesday, MBA CLE Litigating Riverside Golf Club West. Published by the ABA General of the ABA Joint Committee on persons on foot. Published a Trade Secrets Case See insert to register. Practice, Solo, and Small Firm Section, Employee Benefits and theA merican by the Willamette Pedestrian See insert or register at 2009. (KF 850 W55 2009) College of Employee BenefitsC ounsel, Coalition, 2008. (KF 2240 T65) www.mbabar.org. 2008. (KF 3512 E75) July SINCLAIR ON FEDERAL CIVIL FIFTY UNIQUE LEGAL 5-6 PRACTICE, 5th ed. by Kent Sinclair. HEALTH AND WELFARE PATHS: How to find the right Friday-Saturday, MBA Board 3 Published by the Practising Law BENEFIT PLANS: Responding to job by Ursula Furi-Perry. Retreat Friday, MBA office closed Institute, 2008. (KF 8870 S56 2008) change. A publication of the ABA Joint Published by the ABA, 2008. Committee on Employee Benefits and (KF 297 F87) 9 9 MEDIATING LEGAL the American College of Employee Tuesday, MBA CLE Employment Thursday, OMLA Quarterly DISPUTES: Effective strategies for BenefitsC ounsel, 2008. (KF 3509 H43) THE LITTLE RED BOOK OF Law Guidance in an Economic Luncheon honoring minority judges neutrals and advocates by Dwight WINE LAW: A case of legal Downturn Visit omla.homestead.com for Golann. Published by the ABA COMPENSATION FOR issues by Carol Robertson. See insert or register at details. Section of Dispute Resolution, EXECUTIVES AND DIRECTORS. Published by the ABA, 2008. www.mbabar.org. 2009. (KF 9085 G63) A publication of the ABA Joint (KF 3920 R53) 21 Committee on Employee Benefits and 10 Tuesday, YLS Board meeting THE CONSTRICTION the American College of Employee FINANCIAL INSTITUTION Wednesday, July/August CONTRACTS BOOK: How BenefitsC ounsel, 2008. (KF 1424 C65) BONDS, 3rd ed. edited by Multnomah Lawyer deadline 23 to find common ground in Duncan L. Clore. Published Thursday, OMLA Social and Auction negotiating the 2007 industry ACQUISITIONS UNDER by the ABA Tort Trial and Wednesday, MBA CLE Visit omla.homestead.com for form contract documents, 2d THE HART-SCOTT-RODINO Insurance Practice Section, SB 311 and the Oregon Tort details. ed. edited by Daniel S. Brennan. ANTITRUST IMPROVEMENT 2008. (KF 1225 F55 2008) Claims Act Published by the ABA Forum on ACT, 3rd ed. by Stephen M. Axinn. See insert or register at 24 the Construction Industry, 2008. www.mbabar.org. Friday, YLS Board Retreat (KF 902 C54c 2008) 12 29 Friday, LexisNexis Web Wednesday, MBA Family Marketing Tips and Friends Golf event at See insert for details and to McMenamins’ Edgefield The Corner Office register. See insert to register. 15 Tuesday, YLS Board meeting The MBA Professionalism Plans are underway to make this [email protected], August Statement, among other things, program available to the criminal or one of your other MBA 4 commits us to promote integrity, law bar and other groups. Through Professionalism Committee 18 Thursday, Disability Rights Tuesday, MBA Board meeting use independent judgment, the program, this year alone, the members. Oregon Open House support the effectiveness and MBA will have reached nearly 100 Visit www.disabilityrightsoregon. 10 efficiency of the legal system and attorneys in diverse practice groups. The Corner Office is a recurring org for details. Monday, September Multnomah be courteous, fair and respectful. Hypotheticals are designed to target feature of the Multnomah Lawyer deadline Most of us agree with these professionalism issues that come up Lawyer and is intended standards and most of us have in both litigation and transactional to promote the discussion 18-20 Thursday-Saturday, OCDLA 30th no problem committing to them practices, and provide vital of professionalism taking Anniversary Conference in concept. Living these ideals opportunities for thought-provoking place among lawyers in our Visit www.ocdla.org for details. however, can present difficult discussion among the participants community. While The Corner challenges. For example, a tension as well as occasions for more Office cannot promise to answer often exists between our duty to experienced attorneys to mentor their every question submitted, be an advocate for our clients and more junior colleagues. In fact, some its intent is to respond to our desire to be courteous, fair of the most interesting discussions questions that raise interesting and respectful to our colleagues. occur after the program is over, professionalism concerns Figuring out how that tension when lawyers talk among themselves and issues. Please send your might be resolved without about the very types of ethical and questions to [email protected] abandoning either our client’s professionalism challenges raised in and indicate that you would like interests or our professionalism is the presentation. The Corner Office to answer not always easy. your question. The MBA will Programs Available to Law Firms protect the anonymity of those In order to create a common and Departments submitting questions. [email protected] understanding of what Fax: 503-210-7688 Although there has been wide P.O. Box 13365, Portland, OR 97213 professionalism means and to participation this year, there is always discuss practical tips on how to room for more. Programs can be put professionalism concepts into arranged as a law firm lunch, a law practice, the MBA Professionalism association CLE, a presentation to Committee regularly conducts in-house legal departments, or in just Jeff Batchelor, Mediator & spirited panel discussions of about any format one can imagine. Arbitrator, is recognized by his peers for competence, hypothetical situations that The session can be designed to professionalism and integrity. Lawyers who mediate with Jeff say present these types of challenging meet the specific needs of the group professionalism conundrums. he never quits. Lawyers who arbitrate before Jeff know he lets (i.e. criminal, in-house counsel, them try their case, not his. The panelists include judges, transactional, or litigation), or can partners and associates in private include a variety for mixed groups. 503.295.3085 [email protected] practice, in-house counsel, and And did we mention that ethics CLE of course, many of our past MBA credits are available for participants? Professionalism Award recipients. This year, the committee has If you have questions about this MARKOWITZ HERBOLD presented the MBA program to program, or would like to schedule GLADE & MEHLHAF PC third-year Lewis & Clark law a presentation, please contact L I T I G A T O R S students, recent graduates and Helen Hierschbiel, at 503.431.6361, to two large Portland law firms. PORTLAND I 503.295.308 5 I WWW.MHGM.COM

3 MuLTNoMAH Lawyer

Ethics Focus By Mark J. Fucile, Fucile & Reising. ANNOUNCEMENTS On the Disability Rights Oregon J. De Muniz, Barry Scheck of the Preventive Detention; Life After Road Again: Open House Innocence Project, Kobe Bryant Guantanamo - How to deal with Disability Rights Oregon has defense counsel Pamela Mackey and alleged terrorists within the Practicing scheduled an open house Stanford Law Professor Jeffrey Fisher. criminal justice system; Fighting from 5-7 p.m. on June 18. Back - Holding Perpetrators of Across State Details are available at www. In addition to this roundup of Abuse Responsible (accessing disabilityrightsoregon.org. speakers, many of Oregon’s own documents and information; Lines in the Secretary of State Kate Brown will defense attorneys will present at a civil litigation). be attending. three-day CLE. The conference also Northwest features several social gatherings, Speakers include Steve Wax, St. Andrew Legal Clinic Race including a job fair for anyone Federal Public Defender and for Justice interested in finding out more Joann Bowman, Executive n late 2007, Oregon and Alaska also complete specified CLE courses The ninth annual race is about the public defense system and Director of Oregon Action. Ibegan reciprocal admission. Oregon in Washington law. scheduled for Saturday, June opportunities throughout the state. Admission is free. For already had reciprocal admission with 20 at The Madeleline Parish in For complete details, please visit information or to RSVP, contact Washington and Idaho since 2002. Temporary practice in Washington, NE Portland. Participants help www.ocdla.org. Mark Kramer at 503.243.2733 or This year,A laska joined Oregon, by contrast, is governed by RPC 5.5. raise money for this nonprofit [email protected]. Washington and Idaho in updating its Under Washington’s MJP rule, which organization that provides sliding- Homes Needed for the Summer professional rules to largely reflect the is patterned on ABA Model Rule scale family law services to low- for College Students De La Salle North Catholic current ABA Model Rules. Although 5.5, temporary practice is authorized income families. For details or to The Bus Project’s Foundation is High School Seeks Students, individual differences remain in each in Washington for lawyers who: register, visit www.salcgroup.org. seeking host homes for college Sponsors and Internships state, the similarities now far outweigh (1) associate with a Washington juniors, seniors and recent This high school provides a the distinctions. The updated attorney on a particular matter; MBA Noon Time Rides graduates participating in a 10-week quality college prep education professional rules also brought (2) are appearing pro hac vice in a Gather at SW Yamhill and community program to learn about for low-income students. De La with them a significant expansion Washington court proceeding or Broadway between noon and grassroots organizing, public policy Salle North opened its doors in of temporary multijurisdictional who are temporarily in Washington 12:10 p.m. on Mondays and and political process. North Portland in 2001. Current practice (MJP) so that each state’s for a deposition or the like arising Thursdays.C ontact Ray Thomas enrollment is 272 students. The MJP rule is now patterned on the out of a “home state” case; (3) are at 503.228.5222 with questions, or Dates: June 13-August 22 majority of students are African national standard, ABA Model temporarily in Washington for an meet at the start. American, Latino or Asian. Last Rule 5.5. In short, lawyers in the arbitration or mediation relating to Location: Close-in or on easy public year, 98% of its seniors were Northwest today can practice across a “home state” matter; and (4) are transit to inner SE Portland The Multnomah County Family accepted to college. state lines in ways that simply did temporarily in Washington handling Law Group (MCFLG) Host: Provide a room and access to not exist even 10 years ago. a business transaction or other This group meets monthly in bathroom and kitchen All students work in corporate non-litigation matter for a “home the 1st floor conference room of internships at over 50 businesses In this column, we’ll briefly survey state” client. Washington’s MJP Students’ Schedule: Students the US Bancorp Tower, 111 SW such as Nike, Xerox and the changes in lawyer licensing rule also allows practice by out-of- participate in the program from 8:30 5th Ave. On September 21, Dr. KeyBank. Corporate sponsors and MJP in Washington, Idaho state in-house counsel and lawyers a.m. to 10 p.m. most days, including Charlene Sabin will discuss high pay $2,500 per month and in and Alaska. More on each and who are authorized by federal law weekends. conflict families. exchange receive a work team accompanying forms and admission to practice in federal proceedings For more information, contact that provides 40 hours per week instructions are available at, regardless of Washington licensure. Caitlin Baggott, Acting Executive If you would like to receive an of entry level services. respectively, www.wsba.org, www. Under Washington RPC 8.5(a), Director, Bus Project, 503.233.3018 email invitation (RSVPS required) state.id.us/isb and www.alaskabar. lawyers who practice under its MJP to this and other MCFLG To learn about how your firm org. Although federal court pro rule are also subject to its regulatory National Lawyers Guild (Portland luncheons, please contact David could participate in the internship hac vice admission remains the jurisdiction. Chapter) and ACLU of Oregon Bean at [email protected]. program, how new students can province of each federal district, Cosponsor Conference enroll or to financially support the Oregon district court’s Web site Idaho Wednesday, June 17 at PSU, a Oregon Criminal Defense Lawyers this school, contact Chris Shine (www.ord.uscourts.gov) has links Idaho, too, uses a “mirror conference entitled “Civil Liberties Association Meets in Bend at 503.285.9385 x126 or to the other districts throughout the image” reciprocity rule (Idaho Under Obama - Are We Still At The annual conference, the [email protected]. Ninth Circuit. Moreover, because Bar Commission Rule 204A). Risk?” will be held at 7 p.m. at organization’s 30th, is June 16-18 each of the federal districts in the Therefore, its standards for the Urban Building on SW 5th at Seventh Mountain Resort in You may findD e La Salle North Northwest uses its state professional Oregon applicants are similar to and Mill. Panels include: Racial/ Bend. Speakers include Oregon on the web at rules to regulate lawyer conduct, the Washington except that a reciprocal Ethnic/Religious Profiling and Supreme Court Chief Justice Paul www.delasallenorth.org. closer alignment of those rules will admission applicant must have benefit federal practitioners as well. practiced for three of the past five years immediately preceding the Washington application. Again like Washington, the past seven years immediately Washington uses a “mirror image” Idaho also requires a reciprocal preceding the application. Again President’s Column reciprocity rule (Admission admission applicant to complete like Washington and Idaho, Alaska Continued from page 1 to Practice Rule 18): it allows specific CLE courses in Idaho law. also requires a reciprocal admission admission of out-of-state lawyers applicant to complete specificCL E program on meditation and stress I am also grateful for the work and on substantially the same basis Although structured somewhat courses in Alaska law. reduction for lawyers, and now support of the Board of Directors that an applicant’s “home state” differently than the corresponding have a weekly group that meets to and the staff of the MBA – to allows admission of Washington ABA Model Rule, Idaho RPC Alaska RPC 5.5 closely parallels sit and learn to calm the frantic Judy, Guy, Kathy, Carol, Ryan and lawyers. Therefore, the standards 5.5 generally permits the same its ABA Model Rule counterpart wanderings of our minds. This Pamela. You made it all more for Oregon lawyers to be admitted categories of temporary practice and generally permits the same spring we tried to envision better enjoyable and easier. in Washington are, ironically, as those just catalogued for categories of temporary practice ways of resolving conflict in a new effectively governed by the Oregon Washington. Idaho’s MJP rule also as those outlined for Washington age where few cases proceed to I am grateful for the yearlong admission requirements (see Oregon allows practice by out-of-state in- and Idaho. Alaska’s MJP rule also trial, and had the opportunity to advice and support of Leslie Kay, Admission Rule 15.05, available house counsel (although Idaho Bar allows practice by out-of-state in- learn from three great teachers whose clear and solid judgment at www.osbar.org). In brief, an Commission Rule 220 also requires house counsel and where federal of conflict resolution. It was will make her a great leader of Oregon lawyer seeking admission in in-house counsel registration) and law preempts state licensing. Alaska gratifying to hear the feedback - this association. As this column Washington (based on the lawyer’s where federal law preempts state RPC 8.5(a) also imposes regulatory these were among the best CLE arrives, she will have led the Oregon license) must: (1) have licensing. Under Idaho RPC 8.5(a), jurisdiction on lawyers who use its programs you’ve ever attended. Board in a strategic planning graduated from an ABA accredited lawyers who practice there under MJP rule. retreat for the coming year. law school; (2) have passed the bar its MJP rule are also subject to its I am grateful for the feedback you exam in Oregon, Idaho, Alaska or regulatory jurisdiction. Mark Fucile of Fucile & Reising LLP offered all year long. I heard from And so we end where it began Utah (Oregon’s other reciprocal handles professional responsibility, so many people about columns – the start of a glorious Oregon jurisdiction); (3) be an active Alaska regulatory and attorney-client I wrote or work the MBA was summer. I enjoyed the journey. member of the Oregon State Bar; Alaska also uses a “mirror image” privilege matters and law firm doing or not doing. Your input (4) have “actively practiced” (as reciprocity rule (Alaska Bar Rule related litigation for lawyers, is important for us to tune in to defined by rule) for three of the 2). Therefore, its standards for law firms and legal departments what you want. four years immediately preceding Oregon applicants are similar to throughout the Northwest. the application; and (5) possess Washington and Idaho except that His telephone and email are satisfactory “good character.” A a reciprocal admission applicant 503.224.4895 and [email protected]. reciprocal admission applicant must must have practiced for five of 4 june 2009

Community Development Law Center News

T he Community economic development, nonprofit Equal Justice to increase the Another recent addition to Development Law Center tax matters, asset management, number of low-income housing the staff at CDLC is attorney (CDLC) hosted an open house sustainable living and units in Oregon. Cindy Cumfer, whose practice in April to celebrate and to environmental matters. has focused on representing build community support for CDLC’s new Executive Director nonprofit groups. Her clients RICHARD G. SPIER its role in providing access to The organization also helps is Ann Glynn, who has been have included charities, ARBITRATOR & MEDIATOR justice for Oregon’s poor. nonprofits with corporate legal counsel for nonprofit educational organizations, social governance issues, employment organizations focused on people service organizations, immigrant The CDLC serves low- issues and regulatory compliance with disabilities, arts and culture, and ethnic groups, quasi- income Oregonians by matters. and low-income commercial and governmental nonprofits, and representing community-based residential development. advocacy groups. She is the co- organizations. It provides TheCDLC is a program of Legal author of The Oregon Nonprofit legal services to nonprofit Aid Services of Oregon and was Corporation Handbook. organizations in real estate, founded in 2000 through the land use, construction, assistance of the Campaign for

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5 MuLTNoMAH Lawyer For Employers and Employees: A Guide to Our Economic Downturn By Christina Thacker, Barran Liebman.

Excerpts from an article first published in the March 2009 issue of Sam Imperati, JD the Oregon Civil Rights Newsletter. Mediator Although recent economic news is disheartening, attorneys and civil rights advocates can help ensure that workers and employers comply with the law and access available benefits in times of downsizing.

When a reduction in force is necessary, employers must decide how to select employees Well suited for cases for layoff. Potential criteria, Offering employees packages as spinning in the which prudent employers will part of layoff intersection of put in writing, include seniority, If the employer provides logic and emotion. performance reviews, versatility, severance pay to laid off closure of a department­ or employees, a general release of � production line, elimina­tion or claims should be a condition of Institute for MEDIATION & consolidation of specific jobs, the that payment. Such agreements Conflict Management, Inc. 503.244.1174 possibility of subcontracting and must meet certain basic mediate.com/ICM ARBITRATION relative ability. requirements, including some payment in addition to all wages In determining whom to lay off, and benefits legally owed; a list employers should also consider of which claims the employee is Experience. contractual limitations, such releas­ing; and if the employee is We Focus as in­dividual employment aged 40 or over, specific language Patience. agreements; collective bargaining regarding protections provided On Your agreements; quasi-contracts in under the Older Worker Benefits Clients’ Needs, the form of em­ployee handbooks, Protection Act. Persistence. personnel policy manuals, or Not Their bulletins; and any other oral or Paying wages and benefits Net Worth. written promises to employees. To avoid stiff final pay penalties, lindauermediation.com Our Trust Officers bring Employers are prohibited from employers must follow strict personalized and confidential using Equal Employment time­lines in providing a service to every one of Opportunity (EEO) protected terminated em­ployee with his or our legal partnerships with ERIC B. LINDAUER classifications in making layoff her final paycheck including all experience and expertise in: Attorney at Law decisions and must also comply final wages and, when applicable with applicable reinstatement under company policy, benefits • Living Trusts provisions under various such as vacation or personal time • Irrevocable Trusts 1000 SW Broadway, Suite 2400 Portland 503.223.2300 medical and military leave off accruals. The recently passed • Special Needs Trusts laws. Employees challenging a federal stimulus package contains • Probate layoff on EEO grounds gain an provisions regarding COBRA • Business & Timber Holdings advantage if the for­mer employer benefits that entitle certain • Guardianships has not kept adequate records. employees to receive subsidies for We stand ready to serve you health insurance premiums. Learn about and your clients whenever Giving employees notice the appropriate need arises. The Worker Adjustment Considering alternatives the long-term For a private consultation, call: and Retrain­ing Notification Before an employer makes (WARN) Act generally applies the decision to lay off any care insurance John Strohecker to employers with 100 or more employee, alternatives should SVP/Trust Division employees and imposes certain be considered, including brief Direct Line: 503.306.5374 plans and re­quirements on those employers shutdowns, reduced work hours, Outside Portland: 800.340.8865 to provide advance notice to pay cuts or freezes, limitations on premium affected employees and local overtime work, early retirement 1001 S.W. 5th Avenue Suite 250 government officials when offers, hiring freezes, use of Portland, OR 97204 discounts for closing a plant or instituting a the Employment Department’s www.cowlitzbank.com “mass” layoff. If a layoff includes WorkShare program, and job MBA members. unionized em­ployees, the sharing. Employers must be cognizant of numerous wage and selections and benefits must A DIVISION OF COWLITZ BANCORP satisfy the terms of the applicable hour and other issues that arise A DivisioN of CowLiTz BANCorp — YOUR TRUSTED BANK SINCE 1978 — collective bargaining agreement. in connection with such options. Ad­ditional obligations are TRUST SERVICES Mary Osborn, CLTC imposed by the National Labor Employers and employees can Call Relations Act and the WARN Act alleviate the stress of layoffs by 503.998.5902 in terms of bargaining and notice understanding each party’s rights today Or email at: to the union. and obligations and working proac­tively to ensure that those [email protected] rights are honored and those On June 9, the MBA is obligations are met. to learn more. hosting a CLE class on Practical Employment Christina Thacker, of Barran Law Guidance in an Liebman LLP, litigates Economic Downturn. employment-related claims on behalf of employers and advises See the enclosed flyer em­ployers on best practices and for more information. compliance with employment laws. Member FDIC All We Do Is Long Term Care Insurance

Cowlitz Bank Trust, Multnomah Lawyer Newspaper Ad, 1.875 x 9” - 5.04.09

6 june 2009

MBA Annual Meeting Continued from page 1 AROUND THE BAR Table Sponsors Ater Wynne Cosgrave Vergeer Kester SCHWABE WILLIAMSON & Davis Wright Tremaine WYATT Farleigh Wada Witt The firm has hired a federal Gevurtz Menashe et al affairs lobbyist to provide Landye Bennett Blumstein LLP government relations’ expertise LECG LLC to its clients. Lindsay Hart Neil Weigler and McDowell & Rackner PC Miller Nash Schwabe Williamson & Wyatt Stoel Rives LLP Tonkon Torp LLP Williams Love O’Leary Craine

John M. Junkin Andrew Schpak MBA Award Winners

BARRAN LIEBMAN Outgoing YLS President Andrew Schpak will serve as a Co-Chair of the ABA Young Lawyers Division Labor & Employment Committee starting Milt Stewart this August. He is also now the Supplement Coordinator for DAVIS WRIGHT TREMAINE Employment Discrimination Partner Milt Stewart has been Law, the definitive reference inducted into the Indiana on the law of discrimination in University Academy of Law the workplace, published by the Alumni Fellows, the highest Bureau of National Affairs and honor the law school bestows the ABA Labor and Employment Joseph W. West MBA Award of Merit recipients Eric Waxler, JoLynne (and baby upon its graduates. He also Section. Schpak represents Jordan) Zimmerman, Lisa Naito, Honorable Jerry LaBarre and Julia recently served as a judge management in employment Hagan (accepting on behalf of the MBA Judicial Screening Committee). for FutureFirm 1.0, a global GARVEY SCHUBERT BARER litigation and provides advice in (Honorable John Wittmayer not pictured) competition to envision the (GSB) employment matters. successful large law firm model of John M. Junkin and Joseph the future. W. West have joined the firm, expanding its business, real LANDYE BENNETT The induction into the Indiana estate, land use, condemnation, BLUMSTEIN University Academy of Law Alumni government and banking The firm’s print advertising Fellows is a prestigious designation law capabilities. These well- campaign, consisting of six ads for Stewart. The award goes to respected attorneys enhance developed by the team of Robeson alumni who have distinguished GSB’s established real estate and Comunications and Matheson themselves in their careers. land use practice group, which is Design, is the recipient of chaired by Edward Sullivan. this year’s prestigious Burton Stewart, along with the panel Award for Best Law Firm of other FutureFirm 1.0 judges, Advertisement. Jerome selected the winning team of the STAHANCYK KENT ET AL Hart Photography provided two-day competition based on its The firm was awarded the photography for the business model that emphasized Association of Marketing & campaign. The award, co- a more collaborative and Communication Professional’s sponsored by the Association YLS Award of Merit recipients Cashauna Hill, Colin Andries and equitable working environment, Platinum Hermes Award of Legal Administrators and the Bernadette Nunley with Michael Dwyer an alternative fee billing plan for for creative achievement in Burton Foundation, is designed to clients, and a focus on making magazine placement. reward major achievements in the the firm’s attorneys as efficient law ranging from literary awards and cost-effective as possible. to the greatest reform in law. STOEL RIVES The firm has published a guide to federal clean energy The Around the Bar column funding opportunities under reports on MBA members’ moves, the $787 billion American transitions, promotions and other Recovery and Reinvestment honors within the profession. The Act (ARRA). Signed into law by deadline is the 10th of the month President Obama on February preceding publication or the 17, ARRA contains almost $94 previous Friday if that date falls on billion in investments and tax a weekend. All items are edited to fit incentives for renewable energy, column format and the information smart grid/transmission, energy is used on a space-available basis in Andrew Schpak with YLS Rookie of the Year award recipient Dallas efficiency, green vehicles and the order in which it was received. DeLuca green job training. Submissions may be emailed to [email protected]. The guide, entitled Show Stan Samuels Me the Money, reviews the various programs and potential BATEMAN SEIDL sources of federal funding Stan Samuels, senior counsel at for clean energy companies the firm was honored at the Best and projects and is available Lawyers 25th anniversary event, on request at www.stoel. recognizing those lawyers who com/lawofseries. Additional have been listed in the publication information on Stoel Rives’ for 25 consecutive years. Renewable Energy capabilities is available at www.stoel.com/ renewableenergy.

Pro Bono award winners Bonnie Richardson, Bruce Rothman, Amie Jamieson, Gene Grant and Carl Neil

Photos by Dan Carter. 7 MuLTNoMAH Lawyer Tips from the Bench By Judge Maureen McKnight, Multnomah County Circuit Court. New ACALL@ System for Family Law and Probate Starts July 6th

T he ADaily Call@ system for family law and probate cases is changing. Effective Monday, July 6th, Aphone-in@ procedures are being replaced with an in- With the severe budget shortage person system. facing the courts, a more efficient method of handling this docketing Family/probate law trials and process is necessary. The second hearings will be on a ACall@ reason is the continuing problem By Carol Bernick, Davis Wright Tremaine and Court Liaison Committee member. docket the business day before of parties not phoning in the day the trial or hearing. Starting in before Call. Many A15 minute Presiding Judge’s Report At their first meeting, the judges County Liaison Report July, Call (also known as Trial matters@ then placed on judges Doug Bray reported on the status approved 90 applications. This Kathryn Villa-Smith reported Assignment) will start at 9 a.m., dockets turn out to be still- of HB 2287 which adds new fees is a state-wide effort to assist that there was a new justice not 8:30. Parties will be required contested matters that have to be and raises existing fees to increase employees who are being impacted of peace position opening at to appear in person for Call to re-set on the day of hearing because state revenue. The proposal will by furloughs and other budget Clackamas County for which report their readiness and the the trial judge does not have raise approximately $40 million cuts. The committee urged Judge they had received a number of estimated time needed. Judicial available more than the 15-minutes in the 09-11 biennium, and Maurer and the MBA to find ways applications. Nobody has been assignments will be made during scheduled. The phone-in system directs the revenue to support to promote the program. appointed to date. that appearance. Only when a has been complicated for some self- the operation of the Oregon party reports that she or he is represented litigants to understand Judicial Department and to the ABA Report from MBA Web site reporting with the agreement of and some attorneys and parties state general fund. Among the Board Liaison Carol Bernick reported on the both sides will the opposing side’s have abused the system to obtain new proposed fees are a $10 fee Scott Howard attended the protectoregoncourts.com Web presence be excused. set-overs on the day of trial that for filing ex parte orders and ABA Conference in Boston site and the video project that is otherwise were not available. judgments for judge’s signature; where the President of the Chief in its beginning stages which will In this situation, it will be the a $50-100 fee for settlement Justices Association, Margaret focus on the importance of juries. responsibility of the reporting Retained Cases conferences; a $50 fee for H. Marshall, Chief Justice of party to inform the other side of Cases already retained by an requesting a continuance of trial Massachusetts, spoke. She the judge, courtroom, and time Subcommittee to Assist individual judge are not on the date. There are also new fees discussed three challenges of assigned. Telephone calls from Court During Budget Crisis ACall@ docket. Lawyers and for satisfaction of judgments, state courts: court staff after call to inform litigants should know, however, probation violation assessment The committee was reminded parties of case assignments will be that many Family Court Judges and several criminal matters. (1) Gap in funding, estimated that at the last meeting a discontinued. Computer-generated follow similar procedures in their There are provisions in the law to be $350 billion nationwide. subcommittee volunteered to trial notices are being revised to own departments, and expect now for the deferral and waiver Some examples of the impact of work with presiding court to find include notice that the failure to to hear from parties at least by of fees which will apply to the that gap include New Hampshire, ways that the bar could help the appear for Trial Assignment could two business day before the trial/ fees in civil actions in this bill. which is having an entire month court during the budget crisis. cost a party the opportunity to hearing date regarding readiness Judge Maurer reported that Chief without jury trials; Florida which Those committee members are participate in the hearing. and expected time needs. This Justice De Muniz will have more has 280 open court positions and Kathryn Villa-Smith, Shelia courtesy call is the only way that guidance on the budget reductions Maine which has dismantled its Potter, Heidi Moawad, Chris Chief Family Law Judge Nan individual judges know their after the May 15 revenue report metal detectors because it cannot Howard and Anne Talcott. Waller will handle Call when schedules have opened up, with and what it will mean to OJD. At afford to staff them; she is available. The courtroom time they can offer to the Acall@ a 5-10 percent budget reduction, The committee thanked Anne for Call will be posted daily on (2) Access to justice; process the next day. Similarly, Multnomah County will lose all Talcott for her excellent service as the bulletin board in Room 211. when reporting settlements, of its referees (13.8 FTEs), under (3) Independence of the state the chair of the committee in the Lawyers and litigants should attorneys will want to make the chief justice’s current budget judiciaries. last year. check there to confirm the sure they have checked with the reduction plan. location of Call/Trial Assignment. Judge’s staff to confirm whether an Spring Brown Bag The committee adjourned for the appearance is still necessary. Many Judge Maurer was asked about Judges You, LaBarre, Matarazzo summer. The next meeting will Two reasons underlie the reason Family Law Judges require either the Circuit Court Judges’ and Jones will speak at the brown be in September, 2009. for the change. The first is the a signed settlement judgment/ Association program that bag lunch which will be primarily significant time court staff spends order or an appearance to put the is providing grants to court an open forum. receiving readiness reports by settlement on the record when employees who establish need. phone and making assignment calls a settlement is reported on a to parties the next day. retained case. 2009-10 MBA Board (left) New MBA and YLS Back row: Scott Howard, Julia Hagan, Greg Moawad, Keith Directors Announced Garza, Steve Blackhurst, Carol Bernick, Susan Marmaduke, Jeff The following members have been elected to the Crawford and Michelle Druce. position of Director on the MBA and YLS Boards. Seated: Justin Leonard, Leslie Kay and Michael Dwyer. Not pictured: MBA Board Sarah Crooks, Bonnie Richardson Carol J. Bernick and Lisa Umscheid Davis Wright Tremaine Julia M. Hagan Gevurtz Menashe et al Gregory Moawad 2009-10 YLS Board (right) Multnomah County District Attorney’s Office Back Row: Christiane Fife, Nick Kampars, Bernadette Nunley, YLS Board Jennifer Durham, Yumi O’Neil Nicholas A. Kampars and Klarice Benn Davis Wright Tremaine Seated: Justin Leonard, Kim Yumi Minagwa O’Neil Griffith and Andrew Schpak. Multnomah County Circuit Court Not pictured: Lainie Dillon and John McVea Bernadette Dieker Nunley Multnomah County Attorney’s Office 8 june 2009 Profile: Oregon’s New Attorney General – John Kroger By Heidi Moawad, Multnomah County District Attorney’s Office.

On the day after Oregon’s for greater job fulfillment.A s he taking a break to assist with the a doubt, his prosecution experience May 2008 primary, a colleague of pondered his options, he decided prosecution of Enron executives. has enabled him to conduct the mine arrived at work. “I just saw on law school. His hope to go into investigation personally and it does the coolest thing,” he said, “John prosecution was the driving force In the fall of 2007, Kroger not require him to defer to the Kroger was standing with a sign by experience of others. himself on the Hawthorne Bridge, thanking the voters.” “His hope to go into prosecution When asked to discuss other landmarks that he has He was thanking them, of course, was the driving force ... knowing accomplished in his first 100 days for the votes that gave him the he could still serve the public as Oregon’s attorney general, majority in the primary and led Kroger discusses his stated goal to a virtually uncontested election while protecting them and of enhanced consumer protection in November. In what was one of getting tangible results.” and immediately cites the two John Kroger the most watched elections in the major lawsuits his office has filed primary, Kroger defeated State against UBS and Oppenheimer also agreed to renegotiate 4,600 Representative Greg Macpherson behind that decision, knowing announced his candidacy for Funds. Each were responsible for mortgages that will provide untold for the position. he could still serve the public Oregon attorney general about one managing some of the monies relief to Oregonians around the while protecting them and getting month afterH ardy Myers stated for the Oregon Public Employee state. His office also reached a Unlike Macpherson, Kroger is tangible results. he would not seek re-election. Retirement System (PERS) and settlement with pharmaceutical not an Oregon native. He grew Myers had been attorney general Oregon’s 529 college accounts giant Eli Lilly totaling $8.9 million. up in Houston, Texas, joining the Kroger’s work as a prosecutor for Oregon for 12 years when he respectively, and a successful Finally, he is pleased that Senate Marines at 17. Kroger attended with the US Department of retired. Myers was previously a lawsuit could result in millions of Bill 328 has already passed both Yale University where he majored Justice is detailed in his biography litigator and one of the issues raised dollars returned to Oregonians. chambers of the Legislature and in Philosophy. After graduation, Convictions: A Prosecutor’s Battles during the primary was whether has been signed into law. SB 328 he got his first taste of politics, Against Mafia Killers, Drug or not the office of attorney general “Kroger is will enable the attorney general’s working for Congressmen in Kingpins, and Enron Thieves. His was better suited for a civil litigator office to prosecute unlawful debt Washington DC. In 1991 he went work began in New York, and or a prosecutor. someone who collection practices. to work with President Bill Clinton’s included time with the emergency truly loves his campaign and, once Clinton was response to the September 11, 2001 Kroger believes his prior experience In addition to consumer protection, elected, Kroger was a member of attacks in the city. as a prosecutor has been invaluable work as a public Kroger set a goal to have a higher the transition team. He then went in his first 100 days in office. servant...” profile for the attorney general in on to work at the US Treasury His love of Oregon, a state he Since taking office in January,H e the area of environmental law. To Department. visited as part of a bicycling trek has been tasked with overseeing Kroger is also pleased about that end, his office joined theS tate Kroger says he enjoyed his time across the country, led him here in the investigation into allegations a settlement reached early in of Washington’s lawsuit demanding working in the political arena, 2002 when a position opened up about Portland Mayor Sam Adams his tenure with Countrywide that the US Department of Energy but found that the work lacked at Lewis & Clark Law School. He and his relationship with Beau Mortgage. The state received the concrete results he wanted taught there for about five years, Breedlove. Kroger says that without $1 million and Countrywide Continued on page 12 Remarks by MBA Professionalism Award Recipient Judy Danelle Snyder

nourished by the focus placed on behavior and to do so in a very • We have many opportunities The third conclusion I came to professionalism by the MBA, which public way. Therefore,I believe to disagree during the course is that despite my receiving the has designated a bar member there is a greater attention paid to of a case - likewise, we have 2009 Professionalism Award, each to receive its professionalism the conduct of trial attorneys. many opportunities to be day starts with a clean slate. When award each year since 1989; by After 36 years of trial work,I have unnecessarily disagreeable I walk into the office tomorrow, the Litigation Section of the also developed some opinions of regarding the quantity of I will once again be met with OSB, which has presented an what keeps this issue on the front discovery, the scope of discovery, multiple opportunities on a daily annual professionalism award burner for trial attorneys: the examination of parties and basis to choose to respond to each year since 1997; by the two • We may be faced with the witnesses at deposition, the situations professionally or to Inns of Courts which have need to defuse a perception candor with which we approach forget these lessons. I sincerely Judy Danelle Snyder with Michael thrived in the Portland area for by some clients that they settlement and trial; hope neither I nor my colleagues Dwyer, MBA President the past two decades; by the are better served if they hire the • We are likely to face a tension in the bar will stray from the Statement of Professionalism “junkyard dog” style of litigator; between the desires of our standards of professionalism. But, which has been adopted by the despite the significant honor of W hile preparing these US District Court for the District receiving this award, it is not like comments following my learning of Oregon and by the regular “We, too, must reaffirm our being designated as a saint - an of the MBA 2009 Professionalism discussion of professionalism at honor which is not awarded Award, I spent a good bit of time CLEs throughout Oregon for the commitment to the highest until after the recipient has died reading the rather significant past two decades. standards of professionalism...” and the entire body of his or amount of information which has her work is frozen in time. It is already been published in Oregon My second perception is that not a permanent state of grace. about professionalism. That in reviewing the distinguished • The demands of some clients, clients to either quickly end the Rather, what the MBA has done may have been a mistake. After list of past MBA Professionalism or perhaps the apparent need of dispute, or perhaps to prolong this year is to present to a humble completing my review, which Award recipients, I am struck some opposing attorneys, to win the dispute, and we need to and very grateful trial attorney an was by no means exhaustive, I by the large number who are at any cost can push decisions balance those expectations with award which is both a blessing was left with the task of pondering litigators. Therefore, the logical and our judgment to the our responsibility to proceed and a burden. I must acknowledge what was left to be said about the question is, “Why?” line, and (a) require attorneys professionally; that there no doubt have been issue of professionalism. So, as it to exercise their professional and • We have a duty to accurately occasions in the past when I have tends to do, my mind wandered There is no empirical data to independent judgment as to the represent the facts at all stages of erred and sadly there are likely to off in different directions and has answer that question but, I proper use of discovery or proper the litigation; be occasions in the future when I led me the point of sharing my have developed some theories tactics during the trial, and may err again. This is the nature of (b) to explain to our clients the • We have a duty to pursue only perceptions about the practice of of my own. It is not likely that that litigation which has merit; the human condition. But, I assure law in Oregon. litigators are more professional reason for the choices we are each of you that the high bar which as a group than attorneys who making; • We have a duty to represent has just been set by this award now My initial perception is that of practice in other areas of the law: • We have a duty to solve our clients’ best interests while presents a goal toward which I being impressed by the culture of business, estate planning, tax, real problems often in a public seeking to resolve matters with a will work even more diligently professionalism which has been estate are all areas of practice in arena where there are many minimum of legal expense to all each day of my practice. Please nurtured in Oregon and which which there must be occasional ready witnesses to our behavior involved; and join me in that effort. is regularly reinforced. To my temptations to proceed in a manner - the judicial staff, the judge, • We have a responsibility to be knowledge, this culture began even less than professional. However, witnesses, opponents, etc. aware of the place of the justice Continued on page 11 before 1990 when the OSB adopted it is apparent that there are many system in society and the role of the first iteration of theS tatement opportunities for litigators to the lawyer as part of that system. of Professionalism. It has been cross over into unprofessional 9 MuLTNoMAH Lawyer

Reaching Out to the Community and Local Youth Community Law Week 2009 By Katherine de la Forest, Hagen O’Connell and YLS Service to the Public Committee member. Young

T he members of the YLS that were distributed throughout Service to the Public Committee Multnomah County and sending Lawyers once again recruited members press releases and advertisements of the Multnomah County legal to more than a dozen area community to host Community publications and organizations. Law Week (CLW) for the general Section public. The theme was A Legacy Erin Fitzgerald of Fitzgerald Law of Liberty: Celebrating Lincoln’s and Raife Neuman coordinator Bicentennial. Over 70 law firms this year’s Legal Information and legal professionals donated Centers, involving 20 attorneys their time and resources to at 10 locations throughout April Social a Success CLW, an annual event that Multnomah County. By Fred Schroeder & Samantha Gamboa, YLS Membership provides legal education, access and assistance to the Derek Green of Davis Wright Committee members. public. As before, this year’s Tremaine, Jamie Jeffers of Abbott CLW volunteers coordinated Law Group, Skip Newberry of On April 30, the YLS a clothing drive for the Dress the City of Portland Mayor’s Membership Committee Screening marquee at the for Success charity at local law office and Troy Nixon recruited hosted its annual Meet Hollywood Theatre firms, organized a “Tell it to the seven judges and referees from the Judges Drop-in Social Judge!” event at Lloyd Center were excited to meet Chief Multnomah County Circuit at Trees Restaurant. The Mall and hosted Free Legal Justice De Muniz and honored to Court to meet with the public and event was well attended and Information Booths throughout have him present their awards. answer questions for “Tell it to provided young lawyers Multnomah County. In addition, To honor the work of these the Judge!” with an opportunity to meet Attorney General John Kroger student filmmakers, Governor judges in an informal setting. Marisol Cordero-Goodman and held an informative community Kulongoski proclaimed April 28 Cortney Duke of Schroeder Law Judges Adrienne Nelson and Steve roundtable event, taking as “Young Filmmakers’ Day.” For Offices, Cashauna Hill of Oregon This year’s social again Bushong purchase raffle tickets to questions from the audience. more information and to view Law Center and Jamie Jeffers of included a raffle drawing benefit CourtCare winning films, please visit www. Abbott Law Group organized our for the benefit of This was the third year for theyouthfilmproject.org. Community Event, a roundtable Multnomah CourtCare, The OUY thFILM Project, a discussion with Attorney General a nonprofit childcare service that provides children with a safe student filmmaking contest, On May 2, seven Multnomah John Kroger. and comfortable place in the courthouse. YLS would like to encouraging local youth to County judges and referees acknowledge the support of the local businesses that donated express themselves creatively generously prizes for the raffle, which generated $1,330 for CourtCare! while learning more about our volunteered their Thanks to Schwabe Williamson & Wyatt for sponsoring the government and justice system. time for the final event and a special thanks to all of our donors: Blush Beauty Bar, Committee chair Laurie Hager event of CLW: “Tell Brooksby Kaempf, Custom Wine Marketing, El Gaucho, Higgins, and committee members Ted it to the Judge!” Marisol Cordero-Goodman, Matt Larson, Paloma Clothing, Peet’s Broberg, Ethan Chatov, Timothy Members of the Coffee, Sokol Blosser Winery, Trees Restaurant and Veritable Crippen, Lainie Dillon, Jennifer public enjoyed Quandary Restaurant. Durham, Amber Hollister, speaking with Stephen James, Katie Lane, the judges about Thank you to all who participated. We look forward to seeing you Justin Leonard, James Miner, their views on the again next year! Ari Okano and Judy Parker justice system, were instrumental in creating their concerns and and organizing this successful their general legal Members of the public speaking with project. Students produced short questions. A legal Multnomah County judges at the Tell it to the films on two topics: A Legacy of information booth Judge! event Liberty: Celebrating Lincoln’s next to the “Tell it Bicentennial, and Oregon’s to the Judge!” table provided Cortney Duke of Schroeder Law Sesquicentennial of Statehood. pamphlets to citizens with Offices and Jeanne Sinnott of Thank you Community Law Tell it to the Judge specific questions about several Miller Nash organized a clothing Week and YOUthFILM Hon. Eric J. Bloch areas of the law. drive for Dress for Success Co-Sponsors Referee Terry Hannon of Oregon, an organization Bodyfelt Mount LLP Hon. Jerry Hodson CLW would not have been that helps women get back on Davis Wright Tremaine LLP Hon. Adrienne Nelson possible without the following their feet and prepare for the Lane Powell PC Hon. Thomas Ryan individuals on the YLS Service to workforce. “Law Firm Captains” Legal Aid Services of Oregon Referee Steven A. Todd the Public Committee: encouraged their colleagues to Meyer & Wyse LLP Hon. Kenneth R. Walker Olivia Zirker is the chair of this donate. Oregon State Bar Jeff Armistead year’s YLS Service to the Public Pacific Northwest Paralegal Tessa Conradi Committee. CLW is truly an amazing Association Dallas DeLuca Justice De Muniz with filmmakers collaborative event of the Sather Byerly & Holloway LLP Jennifer Gates Aaron Bass of Sather Multnomah County legal Byerly & Holloway community. If you were unable Special Thanks to Legal Information Booths and Jamie Jeffers of to participate this year, please Chief Justice Paul J. De Muniz Colin Andries Abbott Law Group consider joining us next Sarah Brown co-chaired this year’s year. For more information, Thank You Volunteers! Zach Cooper 2009 Community contact Katherine de la Forest, Maya Crawford Law Week. [email protected]. Dress for Success Hong Dao Haley Bjerk Jennifer Durham Slone Pearson and Thank you Community Gina Delahunt Erin Fitzgerald Katherine de la Law Week and Ivy Grey Tim Heinson The YOUthFILM Project Committee with Forest, both of Hagen YOUthFILM Project Traci R. Hopfe Cathy Keenan Justice De Muniz O’Connell, served Executive Producers! Sonia A. Montalbano Charles Marr as this year’s CLW Ater Wynne LLP Alice Newlin Raife Neuman On April 28, Oregon Supreme fundraising co-chairs. Barran Liebman LLP Sarah Petersen Slone Pearson Court Chief Justice Paul J. De Stoel Rives LLP Sarah Stauffer Jessica Rose Muniz presented awards to the Jodie Ayura of Bodyfelt Mount, Sussman Shank LLP Kristin Sterling Joe Smith teams of elementary, middle and Aaron Bass of Sather Byerly & Ryan Vanden Brink high school student filmmakers Holloway, and Eric Fitzgerald Kyoko Wyse at the screening and awards of Fitzgerald Law were this ceremony before an enthusiastic year’s publicity coordinators, audience at the Hollywood creating brochures and posters Theatre. The young filmmakers 10 june 2009

LSC Honors Pro Bono Volunteers PRO BONO VOLUNTEERS from Oregon Thanks to the following lawyers and law students, who donated By Cathy Keenan, Legal Aid Services of Oregon. their pro bono services in April via the Volunteer Lawyers Project, the Senior Law Project, Community Development Law Center, law firm clinics, the Oregon Law Center, the Nonprofit Project, T he Legal Services St. Andrew Legal Clinic, Catholic Charities Immigration Legal Corporation’s (LSC) Board of Services, Lewis & Clark’s Small Business Legal Clinic, Children’s Directors presented pro bono Representation Project and Attorneys for Youth. To learn more awards to five members of about pro bono opportunities in Multnomah County, check out Oregon’s legal community who the Pro Bono Opportunities in Oregon handbook, available at volunteer through Legal Aid www.mbabar.org/docs/ProBonoGuide.pdf. Services of Oregon (LASO). LSC is the federal agency that funds Andrew Altschul James Lygo and monitors free civil legal Neil Banman Garrett Maass services in the US. Awards were Stephanie Barrie Gregory Macpherson presented during a luncheon Richard Biggs Mark Manulik LSC Board member David Hall, Lisa Neal-Graves, Paul Saucy, reception in April to George Haley Bjerk Brandon McNamee Hon. Elizabeth Perris, Evans Van Buren, George Galloway and LSC Galloway, Lisa Neal-Graves, Hon. Dady Blake Tim McNeil President Helaine Barnett Elizabeth Perris, Paul Saucy and Andrew Bobzien Martin Meyers Evans Van Buren. Amanda Caffall Carl Neil Brett Carson Roscoe Nelson George Galloway retired from been the glue that holds this most complex and contentious Thomas Chow Elizabeth Newell Stoel Rives in Portland to a small project together. Her enthusiasm pro bono referrals. His law firm Carol Corey Devon Newman town in Eastern Oregon. When inspires her Intel colleagues has been awarded the Marion Craig Cowley Carol Noonan he retired, George contacted to say “yes” when asked to County Bar Association Pro Bono Stephanie Corey James O’Connor the Pendleton LASO office and volunteer and she volunteers her Law Firm of the Year Award Sarah Crooks Susan O’Toole heard that one of the greatest own time at every clinic. four different times. Paul’s pro Richard Deich Joel Overlund un-met legal needs in his area bono work has become a family Helen Dillon Jonah Paisner was for family law representation. The Hon. Elizabeth Perris, Chief affair, with his daughter and law Chris Edwardsen Susan Phillips Hammann Having no prior family law Judge of the US Bankruptcy partner Lauren, his son-in-law Leora Fire Jay Rafter experience, George welcomed the Court for the District of Oregon and his son all volunteering Erin Fitzgerald Douglas Ricks challenge of learning a new area in Portland, co-founded the for Marion-Polk LASO. Paul Patricia Flanagan Joshua Ross of law. Since then, he has donated OSB Debtor-Creditor Section’s has been an incredible mentor Randy Foster Bruce Rothman thousands of hours of his time, Bankruptcy Clinic. The to and supporter of LASO Jon Fritzler Gerard Rowe has represented countless clients Bankruptcy Clinic, which is staff attorneys.I n addition to Anne Furniss Angela Sagalewicz with family law matters, has co-sponsored by the Portland the generous donation of his Samantha Gamboa Jill Schneider litigated child custody matters Office of LASO and the OSB time, Paul’s firm has paid the Ryan Gibson Ellen Sheedy and has taken a case to the Debtor-Creditor Section, is a registration fees for Marion- Diane Gould Jessica Shoup Oregon Court of Appeals. Even true partnership between legal Polk LASO attorneys to attend David Gray Richard Slottee in retirement, George remains aid, the bench and the bar. The important family law conferences Mary Lou Haas Megan Smith aware that having a law degree clinic opened its doors in 1996, and CLEs. Paul’s direct and Cindy Hahn Anne Steiner is a privilege that brings with it has 75 attorneys and judges on indirect pro bono assistance has Stacy Hankin Ellyn Stier a responsibility to give back to its volunteer panel and assists helped countess low-income Launa Helton Sandra Stone the community. At the luncheon, over 250 low-income Oregonians clients over the years. Theressa Hollis Yvonne Tingleaf George challenged all lawyers to each year. To say that Judge Amie Jamieson Bruce Towsley hear the call of clients in need Perris is a strong advocate for Evans Van Buren is a solo Ed Johnson Trinh Tran and encouraged attorneys to try the clinic is an understatement practitioner in Portland and Sam Justice Todd Trierweiler family law pro bono work - it has - she volunteers at the clinic by has been a volunteer with the Karen Knauerhase Evans Van Buren been the most satisfying work of teaching informational seminars LASO Senior Law Project for John Koch John Van Landingham his career. for clients, she sits on the pro 31 years - longer than any other Scott Kocher Lillian Watson bono committee that coordinates volunteer with the program. Jon Kuni Beate Weiss-Krull Lisa Neal-Graves is a business the project, she trains new Evans volunteers monthly at a Elizabeth Lemoine Terry Wright attorney with the Technology volunteers and she recognizes senior center in SE Portland and Justin Leonard Whitney Yazzolino Manufacturing Group at Intel volunteers at a yearly reception. he typically assists 35 clients David Low Corporation in Hillsboro. Additionally, she actively recruits per year. While LASO does not Prior to attending law school, attorneys for the volunteer have pro bono records dating Lisa held executive positions schedule by making personal back to 1978 (when Evans Professionalism in the information technology phone calls to members of the began volunteering for the Continued from page 9 and call center industries. On bar. Not surprisingly, she has project), LASO estimates that behalf of Intel, Lisa collaborated an amazingly high success rate. Evans has already assisted over Because my comments are the courts through their powers with the Hillsboro LASO office Judge Perris is a tireless advocate 1,100 clients. And Evans shows inadequate to convey the and rules already in existence. to form the Intel Pro Bono for access to justice and the no sign of slowing down. In importance of the practice of These standards of conduct are not Clinic. During this monthly clinic would not be as successful addition to providing assistance professionalism by the bar, I will intended to be a set of rules that clinic, Intel attorneys provide without her. to clients, Evans also trains new close by repeating the words of lawyers can use to incite ancillary legal assistance to low-income volunteers. His work has been individuals whom I recognize litigation on the question whether people from Hillsboro’s five- Paul Saucy, of Saucy & Saucy in praised by senior center staff, as being both wiser and more the standards have been observed by county service area in Northwest Salem, has been taking pro bono LASO staff and clients alike. As insightful regarding this issue. an adversary. Oregon. Clients receive help cases referred by the Marion-Polk Evans said, pro bono work has In January of 1991 the Oregon with consumer law, employment LASO office for over 20 years. just become part of his practice. Supreme Court issued an Order We must always be mindful that law and criminal record Paul is a family law attorney who approving the Statement of the practice of law is, above all, expungements issues. Lisa has does not hesitate to accept the Professionalism which had been a profession. As members of a adopted by the Oregon State Bar learned art, we pursue a common the prior year. TheO rder of the calling in the spirit of public Supreme Court began as follows: service. We have a proud tradition of leadership in our society, and The Supreme Court of Oregon is we now call upon all Oregon committed to the highest standard lawyers to rededicate themselves of professionalism and expects those to practice law in a manner that standards to be observed by lawyers maintains public confidence in in this state. Compliance with high our profession, faithfully serves standards of professionalism depends our clients, and fulfills our primarily upon understanding the responsibility to the legal system. value to clients, the legal system, the public, and lawyers of adhering We, too, must reaffirm our to the voluntary standards. commitment to the highest Secondarily, compliance depends standards of professionalism and expect those standards to be MBA president, Michael Dwyer, hands off ceremonial MBF founding directors, Jeff Matthews and Lynn upon reinforcement by peer pressure observed by all lawyers in this state. gavel to 2009-10 MBA president Leslie Kay. Nagasako were recognized for their service to the and public opinion, and finally, foundation. Jeff also served as MBF president and when necessary, by enforcement by Lynn as treasurer. 11 MuLTNoMAH Lawyer MuLTNoMAH LAWYER OCTOBER 2007 Profile - John Kroger WhatContinued from I page Did 9 on My Summer Vacation Byspeed Michael up their Dwyer, clean MBA up of President-Elect. the Hanford Nuclear Reservation on the Columbia River. The office has week at Harvard University Aalso filed an appeal of the Federal Cloke’s mediation class was one of heart and mind. Cloke stressed that in mid-July hardly cracks Energy Regulatory Commission’s several offerings. Fox, a lecturer we customarily opt for resolving theapproval usual list of theof top liquefied summer natural at Harvard Law School, led a class conflict at a superficial level: the vacationgas project ideas. on Butthe Ctheolumbia chance R iver. called Beyond Yes One, referring level of mere settlement. Mediators toThe participate lawsuit inhas a cutting-edgebeen joined by the to the negotiation bestseller co- afraid of radical open-heartedness, programfederal government.integrating Western authored by Fox’s mentor, Roger or unskilled at handling the conflict resolution with ancient Fisher of Harvard, but cross- deepest levels of conflict, miss the EasternLooking wisdom ahead, and Kroger meditation realizes fertilizing negotiation techniques opportunity to help people achieve traditionsthat Oregon’s was educational, budget crisis could with insights, skills and spirit- deeper levels, including forgiveness, inspiringmean leaner and transforming. times for his office. energy to enable negotiators to transformation and transcendence. He is seeking money to enhance operate at their highest levels of ���������� Judges,his office’s mediators, ability and to lawyers prosecute body and mind. Before class each morning, we ������������������ gatheredenvironmental from all crimesover the and world fund for a participated in either a movement two, week-long sessions. My own ������������� civil rights enforcement unit. He In the secondFor aweek, clean a prominent takedown, or yoga class nothing followed by 30 Advancedis part of Mediation a group seeking class with federal trio offered emerging roles for minutes of guided meditation. ������������������ world-renownedstimulus money mediator for local Ken law lawyers.beats David Hall’s a newgood book argumente demonstrated. Litigators benefits at of Clokeenforcement. drew attendees from every captures the spirit of this class. It is incorporating meditation into ����������� corner of the globe and the US. entitledour e law Spiritual firm Revitalizationare considered aamong professional Portland’s practice best— include Even casual observers note that of the Legalso adept Profession: at delivering A Search knockoutfor increased arguments empathy that and some insight, SponsoredKroger has by significantly the Harvard raised Sacred Rivers. reduced reactivity, and greater TEMPORARY & PERMANENT PLACEMENT Negotiationthe public profileInsight ofInitiative the office of adversaries never know whatattention hit them. and attunement. Harvard, (HNII),attorney a relativelygeneral here new in offspring Oregon. A dominant theme running Yale and other top law schools have ofBut the itProject is the quieter on Negotiation moments at - like through the program is that to offered courses in meditation, and LEGAL NORTHWEST thethe law one school, noted theby my program colleague is - resolve conflict with others at a several top-tier law firms have held thethat brainchild round out of the its profileexecutive of the deep and enduring level, we must trainings for lawyers. STAFFING SPECIALISTS director,man. Kroger Erica isAriel someone Fox. who truly first work on ourselves. We can eloves program’s his work mission as a public is “to servant, establish peaceful resolution of MARKOWITZHNII also holds H autumnERBOLD broadenand he andlooks deepen forward the to way serving we conflict with others only if we – workshops. e MBA is discussing understand,Oregonians teach, for years and to practice come. mediators, negotiators and judges G LADEa joint & HNII-MBA MEHLHAF conference PC to negotiation and dispute resolution – bring an authentic, peaceful LITIGATORbe held in Portland next year. S by integrating insights from the presence into the mediation or PORTLAND I 503. 295. 308 5 I WWW. MHGM. COM world’s ethical, philosophical, and settlement arena. To do that, we Michael Dwyer is a mediator and ���������������� ����������������700 SW Taylor Floor 2 spiritual traditions.” must be fully engaged in body, lawyer with Dwyer & Miller, and Portland, Oregon 97205 is the President-Elect of the MBA. ���������������Tel 503-242-2514 �����������������������Fax 503-274-7895 Eli D. StutSman ����������������������www.legalnw.com APPELLATE PRACTICE [email protected]

Civil and Criminal Appeals ��������������������������������������� OVER 300 LAW FIRMS RELY ON US State and Federal Courts STAFFING PARTNER TO THE 503-274-4048  Fax: 503-274-4059 ���������������������������������[email protected]  www.elistutsman.com 621 SW Morrison Street, Thirteenth Floor  Portland, Oregon 97205-3816

�������������������������������������������� Multnomah Bar Association E X C L U S I V E �������� ���������Group���������������������� Health Insurance �������� Canon Business Solutions is pleased to Exciting Changes to Multnomah Bar Association Medical Insurance Plans ����������� ���������� announce an exclusive relationship with the • 2 PPO plans make the MBA plans moreMultnomah attractive than Bar ever • Any Oregon or Clark County, Washington Law Firm is Eligible to enroll Association to provide • Firms with offices outside Oregon can enroll accessing a Nationwide WePPO can network help your firm address these issues and �������� ������������� �� ����� �������� ����� member-only MBA members will receive exclusive benefits: Advantages of MBA Plans Eachdiscounts Employee onCan Canon's Select a Plan From a• Menu No-charge of 8 auditAvailable of all yourPlans network • Law firms of any size eligible to enroll printing costs to help determine overhead and PROVIDENCEdigital imaging and DENTAL AND VISION Sole practitioners to law firms of any size potential revenue for cost-recovery. This rapid- • 2 EPOdocument Plans • Oregon Dental Service (ODS) • Non attorney staff also eligible assessment is regularly a $450.00 charge. • 2 PPO Plans See any dentist • Covers offices located outside Oregon management �������� ���� • 1 H.S.A. Plan • Vision• Canon Service Business Plan (VSP)Solutions will extend a • No Health Statement – Guaranteed Issue solutions. • Nationwide PPO Network free analysis of the members existing document �• Covers�� all� pre-existing���� conditions���� management technology investment or document • Easy administration – Law firm receivesone KAISER management needs and help identify bill and����� pays with one check� regardless�� of • 2 Medical Plans opportunities to improve efficiencies and For more information, contact: how many different plans are selected • 1 Point of Service Plan maximize this investment. • COBRA administration provided • Dental and Vision Northwest Employee Benefits, Inc. • Discounted�������������������������������������� Fees for Section 125 Flexible 4300• Member NE Fremont, discounts Suite on 260digital imaging Spending������������������������� Account Administration hardwarePortland, and Oregon software 97213 solutions. 1-800-284-1331 • Life and Disability Income Coverage ����������������������� www.nwebi.com Available On the website,Michael click D.on “ Kiel,Benefits Legal Login Specialist.” The passwordPhone: is: MBA (503) (all 277-1128 caps). 9403 SW Nimbus Avenue Cell: (503) 201-5049 Beaverton, OR 97008 email: [email protected]

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Qualified applicants IN THE AMERICAN BANK onsite parking, 1618 SW 1st defense firm and are currently civil litigation defense firm and should send a cover letter, BUILDING Ave., call 503.224.2301 or email looking for attorneys experienced are currently looking for an resume and writing sample to On upper floor, adjacent to Carol Ann: [email protected]. Or in personal injury and business attorney with outstanding writing [email protected]. Equal Pioneer Square. One corner [email protected]. litigation. Excellent research, and oral advocacy skills along Opportunity Employer. office and one mid-size writing and analytical skills; with strong academic credentials. office with space for one Positions attention to detail; and the ability secretary. Amenities include: to work professionally with library, three conference rooms, PROMINENT SEATTLE, clients, associates and staff are receptionist, kitchen, copiers and WASHINGTON LAW FIRM a must. fax machines available. 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The ideal candidates OFFICE IN SUITE WITH 4 immediate consideration to: Blind will have been in practice at Jonnel Covault, Moment’s Rest, 2004 ESTABLISHED ATTORNEYS Box 2009-2, [email protected]. least nine years and will have Congress Center, 14th floor, significant experience in estate Art for rental and purchase one block from courthouse. GORDON & REES LLP planning, trust and estate A rich resource for the art of our region, the Rental Sales Gallery Impressive view, newly A growing national firm of over administration, closely held represents over 250 artists — all from Oregon — with an inventory remodeled. Choose either 250 350 attorneys in 16 offices, business planning, gift and estate square feet with three windows is seeking an associate for tax, and charitable planning. of over 1500 works in a variety ofof mediums.mediums. YouYou areare suresure toto fi ndnd or 160 square feet with two its Portland office. 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15 MuLTNoMAH Lawyer Our Most Generous Cycle of Giving! By Pamela B. Hubbs, Office and Foundation Administrator.

In its most generous giving The Classroom Law Project received events and online features will Students will provide their input YOUthFILM Project, an annual cycle to date, the Multnomah Bar $15,000 to fund a series of Youth reach 9,000. Media presentations and receive instruction on how to student filmmaking contest Foundation (MBF) has awarded Summits that will involve over 1,200 through MetroEast Community effect those plans. presented by the MBA Young a combined $41,375 to six middle and high school students and Media, will reach a radio/TV Lawyers Section, received $2,000 to nonprofit organizations serving provides unique opportunities for audience of 600,000. MetroEast Community Media purchase equipment for its digital Multnomah County. students to question adult experts received $5,000 to produce camcorder lending program and to in a congressional hearing format League of Women Voters of Community Involvement is provide access to professional tools The Bus Project Foundation to discuss controversial and timely Portland Education Fund Civic Engagement, a series of and support through Film Action received $5,000 for PolitiCorps legal issues. Funding also provides for received $4,375 to organize Student informational segments to educate Oregon. Grant funds will also be Community Training Initiative which training and lesson plans for teachers. Leadership Initiative – The Portland the East County community used for the screening and awards MH Ratings LL R1 GS 19728 11/6/07 10:17 AM Page 1 provides civics skills and leadership Plan, a workshop in partnership about civic issues and encourage ceremony at the Hollywood Theatre training to over 400 college students Elders in Action received with Northeast Coalition of civic engagement. Segments will during Community Law Week. and recent grads, connecting them $10,000 for their Civic Education Neighborhoods to introduce 48 air over cable stations in English with opportunities to serve as Awareness Project (CEAP), a students from six inner north/ and Spanish, will be available as To learn more about the MBF and the campaign and nonprofit organization new program that will provide northeast high schools to Portland’s downloadable video files and will grant application process, visit www. mbabar.org/foundation.htm or contact staff, advocates, community civics education through targeted efforts to update key city plans, with be shared with other nonprofit Pamela Hubbs at 503.222.3275 or organizers and policy researchers. outreach to adults age 60 and over. global warming a primary focus. organizations as well as the [email protected]. Speaking engagements, community Multnomah County Library system.

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