A Newsletter Published by Oregon Women Lawyers Volume 19, No. 2 Spring 2008 OWLS’ Mission Celebrated at Dinner By Jane M. Yates n March 14 at the Governor Hotel in Action Committee and the Opportunities for Law Portland, 450 members of Oregon’s legal in Oregon program and his work on diversity is- Ocommunity gathered to celebrate OWLS’ sues in the workplace. When accepting the award, President mission to transform Dave said that such an Kellie Johnson the practice of law and award serves to remind Vice President, ensure justice and equal- of us of past inequities, President-Elect Laura Caldera Taylor ity by advancing women help us measure progress Secretary and minorities in the made, and guide future Heather Van Meter legal profession. The behavior. Treasurer celebration culminated In assessing progress Gwyn McAlpine in the presentation of made, Dave noted that Historian the Judge Mercedes Deiz the struggle for inclusion Alice Bartelt Award to David F. Bartz, and equality continues Board Members Jr., a shareholder with and that conflicts over Sally Anderson-Hansell Nancy Cook Schwabe, Williamson & race and gender still Nicole DeFever Wyatt, and the presenta- confront us. These con- Dana Forman tion of the Justice Betty flicts, he said, require Bethany Graham Shari Gregory Roberts Award to Trudy consistent and persistent Cashauna Hill Allen, general counsel of Photo by Jodee Jackson efforts to resolve. Julia Markley U.S. Bancorp Equipment Trudy Allen and David F. Bartz, Jr. In looking toward the Hon. Adrienne Nelson Leslie O’Leary Finance, Inc. Both honorees observed that the future, Dave offered hope and encouragement. Kathleen J. Rastetter OWLS mission can only be achieved by the steps He reminded the audience that each individual Concetta Schwesinger that each of us takes to further the cause. can further the progress toward equality and Cathey Susman Hon. Katherine Tennyson Before the awards ceremony, diners enjoyed inclusion in the profession. Each person can take Heather Weigler a brief but entertaining live auction to benefit on one small task to achieve the goal. He asked Jane Yates the OWLS Foundation. Auctioneer extraordinaire the audience to vow, “I will” do something to Past Presidents Sonia Montalbano kept the audience laughing advance women and diverse lawyers in our pro- Norma S. Freitas Kate A. Thompson Wilkinson and the bids increasing with her irreverent and fession and in our communities. Jennifer K. De Wald clever banter. Table conversation before the live The second award was the Justice Betty Sarah J. Crooks auction ranged from professional issues and Roberts Award, which is given to an individual Elizabeth Schwartz Lori E. Deveny recent events to catching up with old friends who has made an outstanding contribution to Debra Pilcher Velure and meeting new ones. The dinner backdrop promoting women in the legal profession and Marilyn E. Litzenberger consisted of a slide show that included photos the community. The Honorable Ellen Rosenblum Teresa M. Kraemer Patricia L. Heatherman of many OWLS members who have worked to introduced the recipient, Trudy Allen. Judge Julie Levie Caron further the OWLS mission. Rosenblum noted Trudy’s role as the preserver of Phylis Chadwell Myles The elegant and powerful Kellie Johnson, a key moments in the history of women lawyers in Helle Rode Diana Craine prosecutor with the Multnomah County District Oregon and her tireless efforts in assisting other Kathryn M. Ricciardelli Attorney’s Office and president of OWLS, steered women to advance in their profession. Agnes Sowle the audience’s attention to the presentation of When accepting the award, Trudy exhibited Katherine H. O’Neil the awards. the calm, confident elegance of which Judge Executive Director Catherine Ciarlo, 503.595.7826 The first award was the Judge Mercedes Deiz Rosenblum spoke. She described five categories catherine@ Award, bestowed upon an individual who has of gifts she has received through her involvement oregonwomenlawyers.org made an outstanding contribution to promoting with OWLS and its related organizations: the gifts AdvanceSheet Editor minorities in the legal profession and the commu- of heritage, culture, friendships, collaboration, Elise Gautier, 503.292.2893 [email protected] nity. Román Hernández introduced the recipient, and a sense of accomplishment. David F. Bartz, Jr. Román lauded Dave’s personal Trudy noted that the gift of heritage has in- The AdvanceSheet is published quarterly by Oregon Women commitment to diversity as demonstrated by his cluded the opportunity to observe the evolution Lawyers, P.O. Box 40393, involvement in the Oregon State Bar Affirmative Continued on page 4 Portland, OR 97240.
OREGON WOMEN LAWYERS AdvanceSheet 1 SPRING 2008 President’s Message Save the date! “Every exit is an entry somewhere else.” —Tom Stoppard, playwright Betty Roberts Rosencrantz & Guildenstern Are Dead Autobiography Release hank you, OWLS, for giving me the opportunity to serve CLE and Reception you. This year has gone so quickly, but it was filled June 13, 2008 with worthy challenges, introductions to interesting T 3–5 p.m. CLE/Panel Presentation and committed professionals, and many opportunities for growth. I have enjoyed working with the wonderful women 5 p.m. Reception & Book Signing that make up the OWLS Board. Thank you for being such a Oregon Historical Society gracious team. Catherine and Linda, we are fortunate to have Kellie Johnson two such remarkable women heading up OWLS headquarters. 1200 SW Park Ave., Portland And I make my exit knowing that our incoming President Laura Caldera Taylor will n Friday, June 13, Oregon Women further advance the mission of OWLS with grace, intelligence, and courage. Lawyers will In one short year together, we addressed the elimination of bias/access to justice O celebrate the life conflict, challenged the OSB Board of Governors to remain committed to the Affirma- and career of one tive Action Program, supported national efforts to protect equality in employment of our founding legislation, in record numbers contributed to the Campaign for Equal Justice, and mothers, former witnessed the growth of our membership to nearly 1,300 statewide. Justice Betty Rob- I have been encouraged by OWLS’ commitment to stand on the front lines and, erts, at a CLE and with courage, address pressing issues, as well as its ability to be self-critical and con- reception to mark tinue an unending quest to advance the cause of equality in the legal practice. As the release of her we press onward and upward, we, OWLS members, have an important role to play autobiography, on a larger scale in our community. We are witnessing an exciting time in American With Grit and By Grace: Breaking history—a woman and a black man stand poised to take on the leadership of our Trails in Politics and Law. country. This historic event presents an opportunity for us all to face age-old af- Justice Roberts was the first woman flictions of sexism, racism, and inequality and to engage in a national dialogue in to serve on the Oregon Court of Ap- hopes of reconciliation and understanding. This may be one of the most defining peals and the first woman to serve moments in our history, and I, for one, am ready to face it with unyielding vigor, on the Oregon Supreme Court. In her honesty, forthrightness, and forgiveness. book, she reflects on these experi- I believe that OWLS can lead the way in our community and provide opportunity ences as well as her role as a mother, for dialogue. Certainly the topics are not new. I hope we can avoid putting off to wife, and political trailblazer. yet another generation the task of tackling the “isms” that plague us. No more At the June 13 event, a distin- degeneration from the ideal of equality to complicity in a political arrangement guished group of presenters will dis- that is ready to sacrifice obtaining equality for creature comforts and a false sense cuss the themes and events in Justice of domestic harmony. Roberts’s autobiography and their In closing, I truly believe that every “ending” is but a “new beginning” and my impact on the political, legal, and journey as an advocate for minority and women’s equality is far from over. This year social landscape of Oregon. Panelists has recharged me, certainly shaped me, and points me onward and upward. This ex- include former state legislators Norma perience for me has resulted in a convergence of passion and purpose that has been Paulus and Gretchen Kafoury, Oregon integral to my identity as a black woman. Undeniably, my challenge will be to stay Supreme Court Justice Virginia Linder, steadfast and courageous in the mission to transform the practice of law and ensure Multnomah County Circuit Judge justice and equality for women and minorities even when I am weary with the fight. Adrienne Nelson, Liani Reeves, and I have faith that I can and I will—with your help. I look forward to working side by Cashauna Hill. The panel discussion side and shoulder to shoulder with each of you. Here’s to new beginnings! will be moderated by Melody Rose, chair of the Portland State University Division of Political Science and direc- tor of the NEW Leadership Oregon program. MCLE credit application is in Kellie Johnson, OWLS President process. Registration fees will include a copy of the book. OWLS Members in OSB Leadership College After the CLE, OWLS members and f the 35 people selected to par- Jessica Hamilton, Stephanie Hines, the public are invited to join us for a Oticipate in the Oregon State Bar Amber Hollister, Lisa Hunt, Cynthia book signing and reception. Leadership College in 2008, 11 (31%) Mohiuddin, Yumi O’Neil, Cecil Reniche- A review of the book starts on the are OWLS members. They are Heather Smith, and Heather Weigler. Congratu- back page of this newsletter. Brann, Bonnie Carter, Rima Ghandour, lations to you all.
Our mission is to transform the practice of law and ensure justice and equality by advancing women and minorities in the legal profession.
OREGON WOMEN LAWYERS AdvanceSheet 2 SPRING 2008 New OWLS Chapter Kate Brown and Save the date! in Clackamas Judge Jenefer Grant NAWJ Annual Conference County Seek Election October 15 –19, 2008 n January 31, over 30 attorneys met s part of our & Oat the Clackamas County Courthouse Am i s s i o n t o NAWJ/OWLS CLE to form a local OWLS chapter. With Judge advance women Friday, October 17, 2008 Kathie Steele leading the discussion, and minorities Downtown Portland the group talked about its goals for the in the legal pro- chapter. Attorneys expressed an inter- fession—and in oin justices and judges from est in having the group address minor- the community— Jaround the country Friday, Octo- ity issues as well as those of gender, in OWLS provides ber 17, 2008, when the National As- keeping with OWLS’ mission statement. support and en- sociation of Women Judges (NAWJ) couragement to Subsequently, the group was formally Judge Jenefer Grant and OWLS jointly sponsor a lunch recognized by the OWLS Board as the women pursuing and afternoon CLE at the Marriott newest OWLS chapter. leadership positions, including elected Hotel and a reception (5:30 to 7:30 legislative and judicial posts. The new chapter will alternate meet- p.m.) at the Mark O. Hatfield Federal In this May’s primary, two OWLS mem- ing during the day and in the evening, Courthouse in downtown Portland. bers are running in contested elections. Keynote Speakers: Linda Green- to enable more people to attend. Meet- Longtime member Kate Brown, who house, The New York Times, U.S. Su- ings will address topics of interest, such recently stepped down as Oregon Sen- preme Court reporter (confirmed); and as mentoring and practice tips, and the ate majority leader, is currently seeking Professor Pamela S. Karlan, Stanford chapter will also collaborate with other the democratic nomination for Oregon’s Law School (invited). groups to present topics of joint inter- secretary of state. For more information, You won’t want to miss this event. est. Some of the meetings will be purely visit www.katebrownfororegon.com. Mark your calendar now! More social, to foster networking opportunities In the St. Helens area, Judge Jenefer details to follow. Would you like to and form a supportive community. Grant, appointed to the Columbia County volunteer? If so, please contact Hon. The group met again on February 28, Circuit Court in 2007, is seeking to retain Ellen Rosenblum, ellen.f.rosenblum@ exchanging ideas for topics to address, her seat in a contested election. For more ojd.state.or.us, or Hon. Jill Tanner, and on April 1, for a social at WineStock information, contact the Committee to [email protected]. in Oregon City. For more information Retain Judge Grant at 503.366.1219. about the new chapter, please contact Kathleen Rastetter at 503.742.5398 or Judge Kathie Steele at 503.655.8491. 1FBDFPG.JOE Thank You, AdvanceSheet Committee ach quarter, a group of volunteers Eputs in many hours to create the Oregon Women Lawyers AdvanceSheet. This dedicated group plans newsletter issues, reviews books, takes photos, con- ducts interviews, and solicits and writes articles. The committee’s work is a key 'SFFXJUI means of communicating with OWLS &WFSZ%FQPTJUJPO members, and the OWLS Board is deeply 8JUIIPVSFYQFSUDMJFOUTFSWJDFoFWFSZEBZ PODBMMSFQPSUFST OBUJPOXJEFTDIFEVMJOH grateful to Terri Kraemer (committee DFOUSBMJ[FEQSPEVDUJPOBOETFDVSFBSDIJWFETUPSBHF ZPVXJMMSFDFJWFBOFYUSBCFOFmUOP chair), Bethany Graham, Cashauna Hill, PUIFSDPVSUSFQPSUJOHmSNDBOQSPWJEF1FBDFPG.JOE Mavel Morales, Holly Pettit, Kathleen Rastetter, Teresa Statler, and Hon. Jill Tanner for their time and effort. We are $PVSU3FQPSUJOH5SJBM1SFTFOUBUJPO7JEFPHSBQIZ7JEFPDPOGFSFODJOH also grateful for the assistance provided to the committee by Catherine Ciarlo, TDIFEVMF!OBFHFMJSFQPSUJOHDPNIPVSTBEBZo&WFSZ%BZXXXOBFHFMJSFQPSUJOHDPN OWLS executive director, and by Elise 1PSUMBOE 03 4FBUUMF 8" 4QPLBOF 8" $PFVSE"MFOF *% Gautier, our AdvanceSheet editor.
OREGON WOMEN LAWYERS AdvanceSheet 3 SPRING 2008 Roberts-Deiz Awards Dinner continued from page 1 OWLS Foundation of the OWLS community, reminding the who have served on the boards of OWLS Raises and audience that OWLS’ history began in and/or the OWLS Foundation and the the early 20th century, when the first hundreds of others who have served on Distributes Funds women lawyers’ organization in Oregon committees or chapter boards, spoken or he Oregon Women Lawyers Founda- was formed. The gift of culture includes participated at conferences and events, Ttion raises funds and makes grants the network of mentoring, support, and attended chapter meetings, welcomed designed to give women and minorities encouragement that is accessible through new members, contributed to the list- greater access to and a better understand- OWLS and its sister organizations. serve, or financially supported OWLS and ing of the justice system. Trudy conveyed her appreciation for the OWLS Foundation. As part of the OWLS Roberts-Deiz the gift of friendships she has received Trudy concluded by encouraging audi- Awards Dinner on March 14, the OWLS through involvement in OWLS activities. ence members to contribute in any way Foundation once again hosted its an- She received the gift of collaboration possible, and she reminded everyone that nual auction, raising a record amount through her service on the OWLS Founda- all efforts, whether they be little steps or of at least $24,000. The great success of tion, OWLS, and Queen’s Bench boards. big steps, make a difference in furthering the auction is attributed to the Auction She said that her involvement has given the OWLS mission. Committee, co-chaired by Yumi O’Neil her the privilege and pleasure of collabo- OWLS would like to thank the members and Aruna Masih, and the more than 150 rating with many enthusiastic, talented, of the Roberts-Deiz Dinner Committee for donors who contributed items. and congenial women. their tireless work to make the annual The live auction, which took place dur- Lastly, Trudy thanked all the people event a success—and we extend special ing dinner, generated lots of energy and who have participated in the gift of thanks to Roberts-Deiz Dinner Committee laughter due to the splendid performance accomplishment—those who have given Chair Kendra Matthews. of auctioneer Sonia Montalbano. It fea- their vision, energies, and talents to Jane M. Yates, an associate at Gleaves, tured three packages: “Queen for a Day,” OWLS. In the typical fashion of a consum- donated by Stahancyk, Kent, Johnson & Swearingen, Potter & Scott in Eugene, mate historian, she reminded the audi- Hook; an equestrian package donated by ence of the efforts that OWLS members practices general business law with an Bowman Sport Horses; and a Palm Desert exert. She acknowledged the 183 people emphasis in real estate. vacation package donated by Hon. Betty Roberts, Westin Mission Hills Golf Course, and Terri Kraemer. Other top donors included Tom James of Portland, Susan Teller, Roscoe C. Nelson, Spa Chakra, Heathman Hotel, Wachovia Securities, Steve Gotter, Lewis & Clark Law School, Becker Capital Man- agement, Inc., Andrea Anderly, and Bob Deveny. Every donation received was very important, and the Foundation thanks each donor and everyone who bid. Enjoying the festivities on March 14 are (left to right) Connie Kong, The OWLS Foundation has awarded Meghan Moran, Ari Okano, Trudy Allen, former Justice Betty Roberts, former Chief Justice Edwin Peterson, and Jodee Jackson. three Armonica Law Student Grants for 2007–2008. The grant, honoring the late Armonica Gilford, is available to Thank you, Roberts-Deiz sponsors, third-year Oregon law school students who demonstrate commitment to the for your support Foundation’s goals. The recipients are Linda Barrera, at Lewis & Clark Law The 2008 Roberts-Deiz Awards Dinner was another sellout success, School; Vanessa Nordyke, at the Univer- thanks in no small part to our generous sponsors. sity of Oregon School of Law; and Shenoa Payne, at Willamette University College Title Sponsor: Perkins Coie of Law. Each recipient was also paired with a mentor for this school year. Thank Mary Leonard Circle Beatrice Morrow you, Judges Adrienne Nelson, Darleen Markowitz, Herbold, Glade Cannady Circle Ortega, and Youlee You for serving as those mentors. & Mehlhaf Gleaves Swearingen Potter & Scott Miller Nash On June 1, these new OWLS Founda- Schwabe, Williamson & Wyatt Patron Level Supporters tion Board officers will begin their one- Stoel Rives Klarquist Sparkman year terms: Kathleen Bricken, president; Williams Kastner Teach Court Reporting Terri Kraemer, vice president/president- Williams Love O’Leary & Powers Tonkon Torp elect; Libby Davis, treasurer; Aruna Masih, secretary; and Trudy Allen, historian. Special thanks to our volunteer photographer, Jodee Jackson. For information or to make a donation, please visit www.owlsfoundation.org.
OREGON WOMEN LAWYERS AdvanceSheet 4 SPRING 2008 OWLS Receives Partner in Access to Justice Award By Maya Crawford he Campaign for Equal Justice presented its Partner in Access to Justice Award to Oregon Women Accepting the award T from Campaign for Lawyers at the Campaign’s 17th annual Equal Justice Board luncheon on March 4. Last year, OWLS Chair Ed Harnden (left) members Trudy Allen and Bob Varitz, are (from center) OWLS Cecil Reniche-Smith, Norma Freitas, President Kellie Johnson, Sandy Hansberger, Terry Wright, and Lisa OWLS Past President LeSage pooled their resources to issue a Norma Freitas, and challenge grant for OWLS members for OWLS Executive Director
Photo by Mike Renfrow Catherine Ciarlo. the 2007 Campaign. Through efforts on the OWLS listserve, a LAF-OFF Reprise, The Campaign for Equal Justice sup- OWLS President Kellie Johnson, Past and the matching challenge grant, OWLS ports Oregon’s legal aid programs, President Norma Freitas, and Executive members raised over $125,000 for the comprising 100 attorneys and 16 offices Director Catherine Ciarlo accepted the Campaign. This marks an increase in statewide. Legal aid offices represent Partner in Access to Justice Award. In pre- both the number of OWLS donors and low-income Oregonians who are unable senting the award to OWLS, Ed Harnden, the amount of contributions over the to pay for legal services to access the board chair of the Campaign for Equal 2006 Campaign. OWLS was the second- justice system. About 40% of legal aid’s Justice, stated that “the award is being largest organizational contributor to the cases are family law cases—and most of presented to OWLS because they share 2007 Campaign. those involve domestic violence. About our concern for access to justice and have 80% of legal aid’s clients are women, and become true partners in the cause of LEG-Up Speakers most of them have children. Other cases equal access to justice for all.” involve housing, income maintenance, Maya Crawford is the associate director Provoke Thought and consumer issues. at the Campaign for Equal Justice. By Christine Uri For more information about OWLS and OWLS events, t OWLS’ January 10 LEG-Up, Robin please visit our website, www.oregonwomenlawyers.org. ATompkins, a financial advisor with Merrill Lynch, discussed retirement plan- ning. The key, she said, is to look at your individual situation and develop a plan to meet your needs. Start by ascertaining your current financial position. Then plan for what will happen if you die earlier than expected, become disabled, or need long-term care. What to do next depends on when and how you want to retire. Robin suggests that women think about these issues in detail. You must have some idea of where you want to go before you can plan for your future. A group of OWLS members has start- ed meeting on the second Thursday of each month in Portland to discuss finan- cial/retirement planning. Contact Barbara Smythe, [email protected], with questions about the group. OWLS’ March 13 LEG-Up featured Regina Ellis, founder of the Children’s Cancer Association (CCA), a local non- profit that has gained national recogni- tion for the services it provides to children and teens with serious illness and their families. To learn more about CCA, visit www.childrenscancerassociation.org/. Thank you, speakers and our hosts, Ball Janik and Bullivant Houser Bailey. Christine Uri is an associate at Tonkon Torp in Portland.
OREGON WOMEN LAWYERS AdvanceSheet 5 SPRING 2008 Should I Stay or Should I Go?1 By Kathleen J. Rastetter he headlines scream the issues: hour to promote work/life balance and Association “Who’s Cuddly Now? Law Firms”; a more equitable sharing in the firm’s conducted a T“The Falling-Down Professions”; work and profits. As Christopher Marston, study in 2006 “Billable Hours ‘Intersect’ with the Pro- CEO of Exemplar Law Partners in Boston, t o l o o k a t fession’s Woes”; “Fewer Women Are put it: “Law was a profession that was generational Seeking Law Degrees.”2 Attorney at- honored. Now it’s become much more of differences traction and retention are serious issues a factory. Counting your life in six-minute in job fulfill- for law firms. increments is no joy. It’s no way to live.”6 ment for at- A study done in 2000 by the Young Thus, his firm no longer charges by the torneys. The Lawyers Division of the American Bar hour. Some firms base attorney pay on study, avail- Association reports that 30.1% of the revenue generated, rather than on bill- able on the lawyers who responded were strongly able hours. These approaches move away MBA website, Kathleen J. Rastetter considering leaving their firm within two from the traditional method of valuing www.mbabar. years, due to job dissatisfaction. Another an attorney’s contribution to the firm by org, found that job satisfaction declines 37.2% said they might consider leaving the number of hours he or she bills. from older to newer attorneys. Only within that time.3 The New York Times 53.1% of the Generation Xers (those reports that law firms lose nearly one- Sullivan and Cromwell, born in 1965–1980) expect to be working fifth of their associates in a year, and a Wall Street law firm, full-time in their current law firm in ten years, while 37.6% expect to work in a 20% of all lawyers will suffer depression began a program in 2006 at some point in their career. Lawyers are different firm. Another 38.9% expect to “overworked, depressed and leaving.”4 to encourage its partners to work in a field outside of the law. In another survey done by the American say “thank you” and “good Why does this matter? Job dissatis- Bar Association, 44% of lawyers said they work” to its associates. faction leads to turnover, which affects would not recommend the profession to profitability. In addition, it results in low a young person.5 So what has happened Other firms permit associates and productivity and morale, which in turn af- to our noble calling? And what are firms partners to work flexible schedules, and fects a law firm’s culture, reputation, and doing about it? have flexible partnership tracks. These recruiting capability. It also has collateral Some say the changes are spurred on by are not “women’s issues,” though they consequences on family life, relationships, clients, who increasingly demand flat-fee are often labeled as such. The ABA YLD and overall outlook on life, which can deals and have less loyalty to law firms study in 2000 found no statistical differ- further affect job performance. than in the past. Such attitudes increase ence between male and female associates The study also found that attorneys pressure and competition within, as with respect to job satisfaction and life/ of all ages share a general “love of the well as among, law firms. Others say the work balance issues, which were very law,” that is, they are highly motivated by changes are the result of generational important to both groups. the intellectual challenges of their work, differences. Younger employees define Some firms have opted for the “nice” and they enjoy working with clients and success differently, valuing flexibility, approach. The Chicago office of Perkins solving problems. But work/life balance creativity, and autonomy over money. Coie has a “happiness committee” that was the most highly rated motivator One article notes that recent generations serves up milkshakes and candy apples across all generations, though Gen Xers were raised with the 1980s philosophy to attorneys who work late. Sullivan and emphasized it more than other groups. that every child is a potential superstar, Cromwell, a Wall Street law firm, began a So what do lawyers want? The MBA which results in employees with different program in 2006 to encourage its partners study found that newer lawyers want expectations of work. These employees to say “thank you” and “good work” to better communication and increased want the flexibility, immediate gratifica- its associates. flexibility and diversity at work. Many tion, and earning potential that can be One interesting finding of the ABA responding to the study said “abolish the found working for high-tech start-up YLD study is that the aspect of their billable hour,” and 58% want additional companies (think Google and MySpace), legal practice that disappointed young employment models. not law firms. At the very least, studies attorneys the most was their inability The MBA study made the follow- confirm that younger attorneys are will- to make a contribution to social good. ing recommendations: have firmwide ing to earn less money in exchange for An obvious solution is for law firms to discussions about the firm’s culture, lower billable hours and a more balanced create opportunities for attorneys, such diversity, and work/life balance issues; lifestyle. as by supporting pro bono legal work, involve associates in the firm’s success As a result, some law firms are changing to give back to their communities. This and planning; and provide mentoring the way they do business and rethinking will promote job satisfaction, thereby and training opportunities for associ- the billable hour. The Rosen Law Firm in increasing the likelihood that attorneys ates. The study urged law firms to find Raleigh, North Carolina, one of the larg- will stay. the commonalities among its attorneys, est divorce law firms on the East Coast, Oregon is not immune to these prob- and to work to increase job satisfaction has eliminated billable hours. Instead, lems. A joint subcommittee of the Manag- for all generations. it charges a flat fee for its work. Other ing Partners Roundtable and the Young Others are also examining these issues. firms have done away with the billable Lawyers Section of the Multnomah Bar Continued on page 8
OREGON WOMEN LAWYERS AdvanceSheet 6 SPRING 2008 Female Enrollment in Law Schools By Bethany Graham fter years of steady increases, numbers remaining fairly even between peaking in 2000 and 2001, the At Lewis & Clark Law School, the genders over the past few years, Davis Apercentage of first-year law the first-year class that started notes that gender recruiting “doesn’t even students who are women has declined have to be on our radar.” nationwide for the fifth year in a row. It in fall 2007 was 50% female. While the University of Oregon School is too early to determine whether these of Law and Willamette University Col- statistics herald a significant trend; the Whatever the reason for the national lege of Law have generally had a smaller decline is still small. A continuing decline declines, the statistics provided by the percentage of females enrolled than in female enrollment, however, would three Oregon law schools paint a slightly the national average, neither of these mean the reversal of a long trend of in- different picture. In fact, at Lewis & Clark, schools has seen a significant drop in creased female enrollment in law schools the first-year class that started in fall 2007 those statistics in the last five years. At nationwide. (220 students) was 50% female. That is the University of Oregon’s law school, Here in Oregon, the picture is a little the highest percentage of female enroll- the first-year class has comprised 178 to different. While the Oregon law schools ment since 2002, when the first-year class 185 students in each of the last five years, have collectively been“ somewhat below was 54% female. Since then, women have and women have made up 42 to 43% of the national average in the percentage made up 47 to 50% of the first-year class, each of those classes. of women enrolled, they have also not whose size has ranged from 220 to 236 Jessica Merkner, assistant director of seen any significant drops in female en- students. (With such small numbers, year- admissions at the University of Oregon, rollment in the past five years. In fact, at to-year fluctuation in the percentages is explained that the school has made spe- Lewis & Clark Law School, the percentage to be expected.) cial efforts to recruit women, including of first-year students who are women Shannon Davis, assistant dean of admis- specialized brochures, recruiting letters is at its highest point in five years. The sions at Lewis & Clark Law School, credits and packages, and articles highlighting University of Oregon School of Law and the Portland school’s flexible and part-time “why Oregon is a wonderful place for Willamette University College of Law also programs, as well as its emphasis on public women to begin their legal careers.” have seen no significant decline in the interest law, with attracting women to the Merkner also says, “We are very proud of percentage of women enrolled. school. In fact, she notes that the school our female leadership and faculty at the Nationwide, both men and women are has not had to make a special effort to re- law school, and also that our Women’s applying to law school in fewer numbers: cruit women. With applicant and enrollee Continued on page 8 from 2004 to 2006, the number of law school applicants dropped 11.6%; the number of men dropped 10.5% and the “A client asked if number of women dropped 12.7%. The I would take a percentage of law school applicants who were women has declined from 50.2% in deposition at the 2000 to 48.4% in 2006.1 McNeil Island According to data from the American Bar Association,2 the number of women penitentiary. It enrolled in first-year law school classes would entail an nationwide peaked in 2000 and 2001. In eerie 20-minute those years, women made up 49.4% of all first-year students. Since 2001, however, boat ride through the percentage of women enrolled in the fog, walking We offer the same services as the other top first-year law school classes has dropped the gauntlet past Portland reporting firms. We deliver the same each year, from 49.4% in the 2001–2002 high quality product. The difference is our school year to 46.3% in 2006–2007. The a line of inmates, personal commitment to superior service. composition of the entire law school and spending the student body has, naturally, followed It wasn’t the most comfortable situation for any suit, with the percentage of female law day next to a guy students dropping from 49% in the school who had murdered of us, but our client was impressed, of course. years starting in 2001 and 2002 to 46.9% his wife with a in 2006–2007. If you want service, call Teach. 503.248.1003 Why is female enrollment in law baseball bat. To It’s all about service. schools declining nationwide? There is me the answer no clear answer. While some point to the perception that lawyers have a poor was easy. quality of life in overly demanding jobs, others have suggested that both women “Of course.” 1500 SW First Avenue, Portland, OR 97201 and men can find faster financial success —Catherine Teach 503.248.1003 or 800.230.3302 in other professions.
OREGON WOMEN LAWYERS AdvanceSheet 7 SPRING 2008
“Of course.”
—Catherine Teach Female Enrollment in Law Schools continued from page 7 Should I Stay? Law Forum student group is one of At both Lewis & Clark Law School and continued from page 6 our largest and most active student Willamette University College of Law, the A group created by Stanford law students, organizations.” percentage of female applicants has also Law Students Building a Better Legal Pro- While female enrollment in the first- remained relatively steady. At Lewis & fession, publishes a ranking of law firms year class starting at Willamette in fall Clark, women have made up 46 to 48% based on how they treat their employees. 2007 was 44% (70 of 160 students), down of the total applicant pool in the past Members of the group vow not to work from a high of 54% in 2005 (78 of 145 five years. At Willamette, the number of for a law firm that does not rate well in students), it is still higher than in the female applicants has hovered between the survey. See www.betterlegalprofes- classes starting law school in the fall of 40 and 43% of the total applicant pool sion.org and www.law.stanford.edu/ 2003, 2004, and 2006, which were 40, 38, since the fall of 2003. experience/studentlife/organizations/ and 43% women, respectively. While time alone will tell, it appears lsbblp. This and other groups express The percentage of applicants to Oregon for now that Oregon’s much-touted high their dissatisfaction with the profession law schools who are women has remained quality of life, as well as the flexible and in its current form. Law firms would do relatively steady over the past five years. specialized programs offered by the law well to review the rankings and learn At the University of Oregon, the number schools here, may continue to boost from them. of applicants has steadily increased from female interest and enrollment in law The good news? Some firms in Oregon 2004 through 2007, though the percent- schools. Whether that trend can continue, are getting it right, such as the two law age of female applicants has consistently however, may depend on the efforts of firms that won the Oregon Women remained around 41%. Merkner credits law firms and current practitioners to Lawyers Workplace Leader Award in the recruiting efforts of the school, along maintain that quality of life for new at- 2007: Farleigh Witt, and Bodyfelt Mount with the school’s reputation in several torneys after graduation. Stroup & Chamberlain. Both firms pro- specialized areas, such as environmen- Bethany Graham practices law at mote cultures that favor professional tal law, dispute resolution, and legal Schwabe, Williamson & Wyatt in Bend fulfillment over profits, through flexible research and writing, for the increase in and serves on the OWLS Board. work arrangements and modest billing applicant numbers. Merkner also notes expectations. In addition, associates are that the Northwest in general has seen an 1. Data from the Law School Admissions involved in management decisions. At- increase in law school applicants, which Council, http://members.lsacnet.org. torneys at both firms express high job she notes “may be attributable to the 2. Data from the American Bar Association satisfaction and are deeply committed Northwest being perceived as quality is available at www.abanet.org/legaled/ to their firms. place to reside.” statistics/charts/stats%20-%206.pdf. With generational changes affecting attorney recruitment and retention, law firms need to find new ways to foster professional fulfillment, which in turn increases the likelihood that their at- torneys will stay rather than go. Kathleen Rastetter is a senior county counsel for Clackamas County and an OWLS Board member.
1. The Clash, from Combat Rock, 1981. 2. Lisa Belkin, The New York Times, Jan. 24, 2008; Alex Williams, The New York Times, Jan. 6, 2008; Diane Curtis, Califor- nia Bar Journal, Jan. 2008; Leigh Jones, The National Law Journal, Oct. 2007. 3. A whopping 80.7% of private practi- tioners in firms of more than 200 lawyers said they might consider leaving their firms within two years. “ABA Young Lawyers Division Survey: Career Satis- faction,” www.abanet.org/yld/satisfac- tion_800.doc. 4. Lisa Belkin, “Who’s Cuddly Now? Law Firms,” The New York Times, Jan. 24, 2008. 5. Alex Williams, “The Falling-Down Professions,” The New York Times, Jan. 6, 2008. 6. Diane Curtis, “Billable Hours ‘Intersect’ with the Profession’s Woes,” California Bar Journal, Jan. 2008.
OREGON WOMEN LAWYERS AdvanceSheet 8 SPRING 2008 February 2008 Session Ballot Initiatives his February, Oregon weathered ow that the legislative cycle is over, Twhat many hope will become its first Nthe initiative and referendum cycle annual session. Slated to last no longer begins. The three ballot initiatives op- than one month, the legislature convened posed by the Oregon State Bar House to deal with issues in need of “resolution of Delegates (HOD) at its last meeting without delay” and to demonstrate the include initiative petition 2, which would benefits of annual legislative sessions. prohibit an appointed judge from being Traditionally, the legislature meets only considered an incumbent in the first elec- every other year. However, on the rec- tion following the judge’s appointment By Susan Grabe ommendation of the Public Commission and prohibit incumbent designation on on the Legislature, the 2007 Legislative the measures is whether first-time the ballot; initiative petition 51, which Assembly called for a session in February offenders receive a mandatory sen- would impose arbitrary limits on contin- 2008 to address the most pressing fiscal tence and access to treatment for gent fee agreements between attorneys and policy issues facing the state. substance abuse. Another bill, HB and their clients; and initiative petition The 2008 session ended seven days 3638, modifies the process for release 53, which would establish a new standard earlier than the deadline and dealt with on post-prison supervision following for imposing sanctions against attorneys numerous substantive issues, including successful completion of an alternative and parties for frivolous use of the legal 24 –7 Oregon State Police coverage, new incarceration program. system. The HOD resolution urged all bar driver license requirements, and mort- Consumer Protection. HB 3630 amends members to communicate to their clients, gage lending, as well as budget revisions the foreclosure law to require more family, staff members, and others the to include additional funding for foster complete notice of a pending foreclo- harmful effect that these initiatives would children, senior citizens, patient care im- sure, ends “rescue mortgage scams,” have on informed choices in judicial elec- provements at the Oregon State Hospital, and adds restrictions on foreclosure tions, the public’s access to justice, the and public safety. The legislature was able consultants and equity purchasers. operation of the free market to regulate to successfully deliver results on a diverse SB 1064 places restrictions on mort- contracts, and the orderly administration agenda with broad bipartisan support gage loan originators and requires of justice. The OSB Board of Governors and passed 73 bills in just 15 days. mortgage bankers and brokers to file will be working to develop appropriate Legislation of interest to the legal com- annual reports concerning their activi- strategies and materials if one or more munity includes the following: ties. HB 3631, the “toy bill,” requires of these measures are approved for the eCourt Technology. HB 5100 established retailers to remove unsafe and recalled ballot. additional authority for state agencies toys from shelves. In conclusion, the jury is still out on the to issue bonds and certificates of par- question whether Oregon will go the way Tort Claims Act Interim Task Force ticipation (COPs). Included in this bill of most of its sister states and adopt the was approval of the first COP sale for efore it adjourned, the legislature idea of annual legislative sessions. None- the Oregon Judicial Department (OJD) Balso created the Oregon Tort Claims theless, the 2008 legislature was able to eCourt project in the amount of $24.4 Act Interim Task Force and appointed successfully deliver results with broad million. The project is an ambitious ef- Sen. Floyd Prozanski (D-Eugene) and bipartisan support. We will have to wait fort to convert court operations from Rep. Suzanne Bonamici (D-Beaverton) as and see what the voters think. a paper-based system to an electronic co-chairs. The task force is the legislative For more information on the 2008 ses- system over the next five years. response to the Oregon Supreme Court’s sion or the ballot initiatives, please visit The COPs authorized in February decision in Clarke v. OHSU, in which the the OSB website, www.osbar.org, and will fund the first two of eight stages Supreme Court held the $200,000 damage click on “Legislative/Public Affairs.” To of the project, to be completed by cap on tort claims against public agencies read the text of a bill, visit the legislature’s October 2009. The design of the new invalid as applied in a medical negligence website, www.leg.state.or.us. system will be similar to the federal claim against OHSU. The task force is Susan Grabe is the public affairs director courts’ electronic system. Each of the scheduled to make its recommendations stages requires OJD to seek further to the 2009 legislature. at the Oregon State Bar. bonding or COP authority from the Call me for a 30-minute, legislature, with the estimated total no charge consultation . . . cost reaching $118.5 million. Legisla- tors view the eCourt project as a way about how I may team with you to enhance to make the courts more accessible your bottom line and and cost-effective. reduce your anxiety. Property and Drug Crimes. SB 1087 is the legislative alternative to the proposal Heidi O. Strauch put forth by initiative activist Kevin Contract Attorney Mannix on mandatory minimums Do you have piles of fles? P.O. Box 30235 (initiative petition 40). It was referred Portland, OR 97294 to the voters for the November ballot 503.201.7642 and would increase prison terms for drug dealers and repeat property of- [email protected] fenders. The main difference between
OREGON WOMEN LAWYERS AdvanceSheet 9 SPRING 2008 The Honorable Darleen Ortega and the THE JUDGES’ FORUM that aren’t Honorable Cheryl Albrecht have gra- being asked ciously agreed to assume responsibility and noticing for our Judges’ Forum. We look forward and putting to reading their columns.—Ed. my energies i n t o a r e a s ultnomah County Circuit Judge that haven’t Cheryl Albrecht and I will begin gotten much Msharing this column, Judge Ellen By The Honorable Darleen Ortega a t t e n t i o n . Rosenblum’s baby for a decade, as of this Oregon Court of Appeals Although I issue. In reflecting on how to begin using never know Hon. Darleen Ortega this space, I thought about the purpose I spent 14 years after law school doing for sure the of having this forum for women judges the one job I had been sure I wouldn’t reason, I of- to address you. That very quickly brought want going in—working in a business law ten have a strong instinct that those me back to my passion for getting more firm (first in Detroit, Michigan, and then differences have something to do with women and minorities on the bench in in Portland). I had correctly assessed that my experiences as a person from a Oregon, and why I’m so very happy to be I would not fit in with (if you’ll pardon background that is still quite under- where I am. With the hope of inspiring me) a lot of white guys in gray suits, and represented among judges and others some of you to nurture that same aspi- sure enough I didn’t. I often questioned in influential positions. ration, as well as to introduce myself to characteristics of private practice that &