CCBA's Got More Talent!

CLARK COUNTY BAR ASSOCIATION PRSRT STD U.S. POSTAGE 500 W. 8th Street, Suite 65 PAID Vancouver, WA 98660 VANCOUVER, WA PERMIT NO. 620

ccbawashington.org DECEMBER 2011

OFFICIAL NEWSLETTER OF THE CLARK COUNTY BAR ASSOCIATION CCBA’s Got More Talent!

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Advertise in HEARSAY Does your business cater to the legal industry? page 14 Get targeted exposure to CCBA members and associates! Reserve your ad space today! Call Lisa @ 695-5975 THIS MONTH’S ISSUE 2011/2012 CCBA OFFICERS & TRUSTEES President’s Message ...... 3 Family Law Section Meeting ...... 17 CCBA General Meeting and Lunch...... 4 Nuts and Bolts: Trial Skills Series ...... 18 Three Who Can Really Tickle Things with Their Fingers...... 6 Nuts & Bolts CLE Schedule ...... 20 Workers’ Compensation CLE...... 8 Double Hearsay ...... 21 PRESIDENT IMMEDIATE PAST PRESIDENT VLP REPRESENTATIVE CCBA Announcements...... 10 Hearsay Profile: Kurt Rylander...... 23 John Fairgrieve Kurt Rylander David Gregerson Possible GAL CLE...... 10 Clark County Volunteer Lawyers’ Program ...... 24 (360) 397-2261 (360) 750-9931 (360) 906-1164 Court Rules Corrections...... 10 Law Library News...... 25 [email protected] [email protected] [email protected] Hearsay Heresy ...... 12 Attorney Bookkeeping Tips ...... 25 Inns of Court...... 13 News You Can Use...... 25 VICE-PRESIDENT TRUSTEE OFFICE MANAGER Trial Skills: Jury Selection CLE...... 14 Legally Drawn...... 25 Suzan Clark Jane Clark Lisa Darco CCBA Board Meeting Minutes ...... 15 SW Washington Lawyer Referral Service ...... 26 (360) 735-9434 (360) 859-3823 (360) 695-5975 Superior Court Bench/Bar Meeting Minutes ...... 16 Events Calendar ...... 26 [email protected] [email protected] [email protected]

HEARSAY is published 12 times per year and is design edited by: TREASURER TRUSTEE MEMBER SERVICES JEFF GOUGH, Creative Director • GOUGH CREATIVE GROUP 360-818-4GCG • [email protected] J.D. Nellor Arin Dunn Kaitlin Lisandrelli (360) 695-8181 (360) 737-6793 (360) 695-5975 An annual "green" subscription is included with annual membership dues. Members may purchase a hardcopy subscription for $48.00. Letters, news items, upcoming events and announcements are welcome. [email protected] [email protected] [email protected] Articles by members are accepted. Submissions should be presented in Microsoft Word and may be edited for length, clarity and style. Submissions by members are published at the editor’s discretion and space RICHARD G. SPIER available. Views expressed in articles represent the authors’ opinions, not necessarily the CCBA’s. SECRETARY TRUSTEE HEARSAY EDITOR-IN-CHIEF The publication does not purport to offer legal advice. MEDIATOR David Gregerson Jill Sasser Kurt Rylander CCBA OFFICE HOURS: Monday through Friday, 12:00 p.m. to 4:00 p.m. (360) 906-1164 (360) 816-2534 (360) 750-9931 [email protected] [email protected] [email protected]

Calling All

Highly experienced–full-time neutral since 1992 Social Volunteers Business & commercial; personal injury; The Barrister’s Ball committee is desperately employment; real estate & construction in need of volunteers to help with the planning, Listed for Mediation in setup, and running of the Barrister’s Ball. The Best Lawyers in America ® We also need people to help canvas businesses Member, Oregon and Washington Bars for charity donations to be auctioned. 503-284-2511 The charity this year to receive the funds Fax 503-284-2519 will be the YWCA SafeChoice Program. [email protected] www.spier-mediate.com

2536 N.E. 28th Avenue Portland, Oregon 97212-4916 Call Lisa Darco at 695-5975 No charge for travel time or travel expense in Oregon and Washington PRESIDENT’S MESSAGE UPCOMING EVENTS JOHN FAIRGRIEVE CCBA President

MEETING MEETING CLE MEETING December 6, 2011 December 12, 2011 December 15, 2011 In a recent article in the New York Times titled “What They In a mentorship relationship a seasoned attorney is matched with CLE: Ethics CCBA General Meeting and Lunch Web Site Committee Meeting Public Service Center 9:00am - Noon Red Lion at the Quay Noon - 1:00pm JD Nellor’s Office - Noon Don’t Teach Law Students: Lawyering”, author David Segal a less experienced attorney to act as a trusted friend, counselor CLE following Meeting & Lunch - 1:00 - suggests that law schools focus on theoretical matters rather and teacher. Mentors provide expertise to less experienced indi- MEETING MEETING 2:00 - Condo’s & Homeowners than useful ones, forcing law firms to spend time and money viduals, helping them to advance their careers, enhance their December 7, 2011 December 15, 2011 teaching new associates practical legal skills. While this education, and build networks of colleges who can assist them in CCBA Board Meeting MEETING Social/Auction Committee Meeting approach may work for large law firms and government legal the future. The value of mentorship has been recognized in many CCBA Office – Noon December 13, 2011 CCBA Office - 4:30pm offices like the Clark County Prosecuting Attorney’s Office, it professional fields, and the Oregon State Bar Association recently Superior Court Bench/Bar Meeting MEETING doesn’t address the need for practical legal training for attorneys initiated a mentorship program for its members. On a personal Courthouse – Noon MEETING December 7, 2011 December 20, 2011 in small law firms and for solo practitioners. This issue is particu- note I have been lucky enough to have been mentored by more CCBA Hearsay Meeting SOCIAL CLE Committee Meeting larly important in our county, where there is no public experienced colleagues both as an officer in the Marine Corps CCBA Office- 11:30am December 14, 2011 CCBA Office 12:00pm defender’s office and where criminal indigent defense in felony and later as a new attorney in the prosecuting attorney’s office. Family Law Section Holiday Party cases is provided principally through contracts awarded to indi- Tommy O’s - 11:30am CLE vidual attorneys and small firms. In January all members of our county bar association will receive January 11, 2012 CLE an e-mail soliciting their participation in our mentorship pro- Nuts & Bolts CLE: Trial Skills - Jury One way to address this problem is through mentorship. The gram. For the more experienced members of our association, I December 14, 2011 Selection Red Lion at the Quay 3pm to 5pm Nuts & Bolts CLE: Workers’ Compensa- term mentor has its roots in Greek mythology. Mentor was a invite you to share your experience and expertise with your tion - Red Lion at the Quay 3pm to 5pm friend of Odysseus, King of Ithaca, who placed Mentor and younger or less experienced colleges. By doing so you will have Odysseus’ foster brother in charge of Odysseus’ son Telemachus the opportunity to improve the proficiency and professionalism when Odysseus left for the Trojan War. In Odysseus’ absence of newer members of the bar and to improve its quality overall. Mentor provided Telemachus with advice and counsel. The per- SW WASHINGTON LAWYER sonal name Mentor has been adopted in English as a term For newer attorneys, I urge you to consider participating in the Representing Injured meaning someone who imparts wisdom to and shares knowl- mentorship program. It provides an opportunity to improve edge with a less experienced college. (My thanks Tom Foley and your skills as an attorney and to avoid some of the pitfalls that REFERRAL SERVICE Workers on Their Wikipedia for enlightening me concerning the term’s origin). face all of us as we progress through this challenging, but hope- The CCBA’s Lawyer Referral Service is a program designed to Washington Claims fully rewarding profession. help the general public find attorneys appropriate for their needs, while at the same time providing a source of new client Busick Hamrick, PLLC business exclusively to our members. Upcoming CLE Schedule To participate, members pay a small one-time annual fee. (The service is free to the public.) For more information, call the CCBA at 360-695-5975. THE SWLRS REFERRED 304 CLIENTS IN THE MONTH OF OCTOBER Administrative Law ...... 10 Bankruptcy ...... 7 Business & Corp...... 2 Consumer ...... 28 Criminal ...... 23 Debtor/Creditor...... 5 Family Law ...... 56 General Litigation ...... 80 Steven L. Busick Frances R. Hamrick Douglas M. Palmer Labor & Employment ...... 20 Real Property ...... 49 (360) 696-0228 Wills & Trusts...... 8 1915 Washington Street Vancouver, WA 98660 Worker’s Comp...... 5

26 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 3 LAW LIBRARY NEWS NEWS YOU CAN USE

MARIA SOSNOWSKI LISA DARCO Law Librarian CCBA Office Manager

FOR SALE Attorneys! When you refer a client to the Southwest Washing- Through DECEMBER, 2011 ton Lawyer Referral Service please use their designated phone The law library is taking blind bids on the following items: number. (360) 695-0599. 1. Personal Injury Trial Notebook CD Rom – full text and forms. Attorneys who would like to participate in the Moderate Means CCBA General Meeting and Lunch 2. Arkfield on Electronic Discovery and Evidence – looseleaf plus 12:00 – 2:30 PM. - Monday December 12, 2011 Program through CLEAR/Northwest Justice Project can find an CD Rom and 2 handbooks. application on the WSBA website. http://wsba.org/Legal-Com- Red Lion at the Quay, 100 Columbia Street, Vancouver 3. Washington Practice volume 5D – Courtroom Evidence munity/Volunteer-Opportunities/Public-Service-Opportunities Handbook 2009-2010. /Moderate-Means-Program Agenda: Status of the bar, Updates from committee chairs, 4. How to File Chapter 7 Bankruptcy - NOLO. Vote for a change to the By-Laws regarding the number of Give your bid to the law librarian through the end of December. General Meetings to be held each year. Bids must indicate your name, phone number, amount, and item(s) on which you are bidding. Winners will be notified in early January. We reserve the right to withdraw an item from LEGALLY DRAWN bidding. Directly following the meeting, the bar is pleased to present

~ Attorney Michael Simon ~ ATTORNEY BOOKKEEPING TIPS who will give a one-hour presentation on: EMANUELA SANDRI Condo and Homeowner’s Associations Attorney Bookkeeping Services, Inc. 1 CLE credit available - $35 members $45 nonmembers

Mexican Buffet: Lunch: $25.00, Without Lunch: $5.00 Form 1099-MISC - Reporting Requirements There are numerous 1099 forms used to report a variety of trans- Pre-Paid registration is mandatory for lunch. actions. The most common for law firms is form 1099-MISC , ! Lunch $25 which is used to report payments to nonemployees.

Name ______Reproduced with permission. For more cartoons and information, go to http://www.legallydrawn.com. ! CLE – member $35 Form 1099-MISC reporting is required for payments of $600 or Phone # ______more if the recipient of the payment is not a corporation (please see corporation exceptions below) – for example, when the ! CLE – nonmember $45 recipient is: Advertise with us!!! Bar # ______• an individual ! Just attendance $5 • a partnership • a limited liability company treated as a partnership or Reach 500 Attorneys sole proprietorship and Legal Professionals Total $______Payments made to corporations are required in the case of throughout Clark County! • physicians, and other providers of medical and health care

Check by courier to 500 W. 8th Street, Suite 65 services • attorneys Call Lisa Darco for Check by mail to P.O. Box 61815 Vancouver, WA 98666, Payable to the CCBA pricing & space availability: Credit Card call (360) 695-5975. 360-695-5975

4 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 25 The Clark County Bar Association Presents: Attorney Michael Simon Condo and Homeowner’s Associations

Statistics for September include 68 clients seen in advice clinics, 32 As our population grew and greater density was required for housing, Condominium in Family Law, 13 in Family Law paperwork review clinic, 1 in the associations became much more popular. At the same time, people looked for more General Law clinic, 2 in the Bankruptcy Clinic and 5 in Housing control of their environment by moving into developments with controls in place to give Justice Project clinic. We also saw 11 clients at the court house for them a say in their neighbors’ behavior. the Housing Justice Project, and 2 clients at the Homeless Shelter clinic. We placed 2 cases with an attorney for direct representation. What are these associations, how are they governed and what statutes control them? Find There were 166 hours of volunteer attorney time donated. out at this interactive introductory seminar on Condo and Homeowners associations.

We would like to inform the Attorney’s that sign up sheets for Mike Simon has been an attorney for 30 years and has clinics will be via email this year, as we are going paperless. Please been working with condo and homeowners issues for sign up as soon as you can, and let us know when you are able to over 20 years. staff the clinics. We desperately need as many volunteer Attor- neys as possible; without you, we would not exist. Thank you for Mike is a member of the CAI and CAI attorney national your help over the years, and we look forward to your continuing list serve and will again attend the CAI Law Seminar in January. So if you have questions dealing with condo or help in 2012. Representing clients in Oregon and Washington HOA issues, now is the time to ask them. Thanks, Susan S.W. Washington office 805 Broadway Street, Vancouver (360) 823-0410 MANY THANKS TO ALL THE ATTORNEYS AND GevurtzMenashe.com PARALEGALS WHO STAFFED THE ADVICE CLINICS, HOMELESS CLINICS, PROVIDED REPRESENTATION, AND VOLUNTEERED IN THE HOMELESS COURT IN TOO BUSY TO GET THAT Barristers’ Ball Auction Items THE MONTH OF SEPTEMBER BIG CASE MOVING? Oyez, Oyez. The call for donations is now in order. Matt Blum, Chuck Buckley, Tresa Cavanaugh, Jeff Courser, HENDERSON The auction committee for the Barristers’ Ball 2012 is Erin Culver, Ed Dawson, David Feeney, Philip Gigler, The daily rigors in a solo or small practice can make it difficult to stay on LAW FIRM, PLLC looking for auction item donations from firms, lawyers, top of a wrongful death or serious personal injury case. We have the experience Marlene Hansen, Lincoln Harvey, Dustin Klinger, Dean Langsdorf, and financial backing to help you do what it takes to litigate claims properly. and businesses. Help make this the greatest Barristers’ 360.737.1478 Ball and auction ever. Proceeds go to a good charity, Juliet Laycoe, Scott Matthews, Kathy McCann, Katie McGinley, The three senior partners in our firm each have over 30 years of experience. David Nordeen, Brian Parker, Nathan Petersen, Lisa Peterson, Ask about our reputation, or give us a call to discuss your client’s case. [email protected] the YWCA SafeChoice Program, and are tax deductible. Susan Phillips Hammann, Mark Sampath, Jill Sasser, There has never been a better time to support your community. Kathryn Smith, Zack Stoumbos, Diane Sweet, John Vomacka, MEDICAL NEGLIGENCE Anna Waendelin, Ben Wolff, Phil Wuest PERSONAL INJURY • WRONGFUL DEATH Contact Lisa Darco at: [email protected] Representative Jury Verdicts and Settlements: to make a donation.

Failure to diagnose brain tumor — $4.5 million ASSOCIATE ATTORNEY Obstetrics malpractice — $3.5 million Linda E. Frischmeyer Vancouver law firm is seeking a licensed Washington State attorney having Obstetrics malpractice — $1.6 million ATTORNEY a minimum of two years litigation experience. The candidate should have Trampoline accident — $1 million Over 25 Years Assisting to Achieve Employment Goals consumer bankruptcy experience and have either experience in, or the Electrocution at work -- $900,000 willingness to develop, a couple other areas of law. Basic knowledge Motorcycle collision -- $500,000 Respectful. Clear. Helpful. of Microsoft word, Excel, and Outlook required. SCHAUERMANN, THAYER • Wage payment • Performance Having an Oregon license is a plus. The candidate will be expected to Rear end MVC. Soft tissue injury -- $230,000 JACOBS & STAPLES, P.S. • Independent contractors • Challenging behaviors fully manage his or her own cases including having direct client contact. • Confidentiality • Leave laws This position provides the opportunity for a candidate with initiative and ATTORNEYS AT LAW Available for referral or association Available • Nonprofits • Disability accommodation a willingness to work hard, to quickly develop as an attorney. • Non-compete • Drug testing AV Martindale-Hubbell Rating on serious injury, wrongful death and for Consults We offer a competitive benefits and compensation package. 1700 E. Fourth Plain Blvd. • Vancouver, WA Washington Please respond to this ad by forwarding your cover letter and résumé. medical negligence cases. 360.816.2475 & Oregon [email protected] [email protected] (360) 695-4244 Licensed www.stjps.com 805 Broadway, Ste. 1000 • Vancouver, WA 98660

24 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 5 Three Who Can Really Tickle HEARSAY PROFILE

Things with Their Fingers KURT RYLANDER

DON JACOBS HOME: Wherever my family is Hearsay Special Correspondent AGE: Working on my first century PROFESSION: Arguer, writer, reader, thinker—in other words, a lawyer Welcome back to the continuing series of articles spotlighting HOBBY: Trail running CCBA musicians within our midst. You’ll recall from the first installment the idea was to do a theme issue of Hearsay spot- LAST BOOK READ: Thinking Strategically lighting all of our lawyer/musicians. When the initial investigation revealed enough guitar players alone to fill one of LEGAL PHILISOPHY: The truth is out there our larger courtrooms, we decided to scale back a bit and focus on one instrument at a time. Especially since my editor Kurt LATEST ACCOMPLISHMENT: Turning around a nearly bankrupt bar association Rylander hasn’t yet made a decision whether to open this up to WHY I DO WHAT I DO: Overcoming obstacles is the ultimate high Kazoo players. In fact, given guitar players make up such a significant percentage of CCBA musicians, we may have to find PROFILE: Loud, knowledgeable, creative, loves winning and hates losing some way to cull the herd a bit for that feature. Maybe limit it to guitar players who only play music I like. That sounds fair.

I suppose now is also a good time to issue the obligatory dis- claimer and pre-emptive apology to any musicians I overlook. garage across the street from his home. When high school was Some pretty exhaustive research went into this project. Well, I over Paul attended the University of Washington intending to wasn’t really exhausted, but I was pretty tired when I got around major in music. This lasted about six weeks until his love of ski- to making a few calls and sending out some emails. So suffice it ing got in the way and Paul found himself essentially living on to say this project may have not discovered a stellar musician or the slopes. Then there was this stint in the army followed by two in plain view. I could easily be missing somebody with a more skiing and playing in bands at ski resorts. Paul has played national reputation and several Grammy awards. clubs in Sun Valley, Ketchum and Hailey. A couple of memo- So, please let me know if you play an instrument (other than a rable band names from this era were Brother Chaos and Dirty Kazoo), and would like to be featured in the series. Mary’s. Paul covered lead vocals and guitar in some of these bands but his favorite instrument was always the keyboard. This month’s segment focuses on piano/keyboard players. Yes, I Although Paul has performed with a number of bands over the know these are different instruments, but to the untrained eye years he’s also a performing solo artist. Many of his gigs at ski they do look pretty similar. Both appear to have black and white resorts were Paul doing his solo act. Paul’s last band project was buttons you push to make music. Then there’s something down with a Portland blues band some time back called The Inclu- by your feet you step on. Fortunately, the three artists we spot- sions. The band played around Portland for a few years with light this month can each play both. In fact, our first featured their biggest audience at the West Fest music festival in Salem. artist, Paul Henderson, plays the guitar as well. Paul even writes The band dissolved in 2005 but Paul’s current project, besides songs. And he sings! Talk about talented! Paul has also the occasional solo gig, is trying to put together another blues recorded a CD with blues songs all written by Paul. It was a one band with the lead guitar and drummer from the Inclusions. man band effort. Paul recorded the guitar, vocals and keyboard then dubbed in the bass and drum tracks. My favorite song on To introduce our second fea- the disc is “Ibuprofen Blues”. The disc isn’t exactly on ITunes tured artist, imagine yourself yet but Paul may have some extra copies if you ask. Paul’s mom performing alone in a theatre was a piano teacher, hence his choice of instrument. He quickly packed with several hundred grew tired of learning scales and practicing. Then he heard Jerry people, all there to watch you Lee Lewis and knew that’s what he wanted to play. Paul play. Then imagine the audi- attended Stadium High School in Tacoma where he sang choir ence is made up of music and put together his first rock and roll band. His influences at teachers and other perform- the time were several Tacoma bands that made it semi big, like ers, people who know every The Wailers and The Sonics. In fact, the Sonics rehearsed in a

6 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 23 completed, but maybe there would be a Your esteemed colleague Raisa Judicata can’t be everywhere. If you note of what you’re about to play. In fact you beat out many of last minute deposition to squeeze in, and have a tidbit of news you would like the world to know, send a note these other performers in recitals in order to get where you are. your trial notebook may be non-existent. to [email protected]. Raisa usually checks in the first Mon- You walk onto the stage alone. You sit at the piano. The entire Well, Juliet Laycoe Hagley experienced a day of every month. Remember, it is your ethical duty to support hall is absolutely quiet. You can hear the faint sound of pro- similar start to the system when little Abi- your member organization with juicy gossip and goings on. grams rustling. Your heart pounding, you take a deep breath and gail Diane Hagley, was born October 27, begin. Afterwards you finish and bow. Test of nerves anyone? 2011, about five weeks early at 5 pounds, 2 If this was you, your name would be Vancouver divorce lawyer oz. Since this is Juliet’s second child, she is Laura Wolosek. After interviewing Laura, I’m convinced she is a It’s a girl for Juliet and surely taking it in stride and has a joyous piano player with few equals. Her resume is impressive. Both her husband. Christmas to look forward to. her parents were musicians and she started on the piano at age 7. In 6th and again in 9th grade she won the Wisconsin Music Teachers Association Award which led to her performing classical pieces to full auditoriums. She went on to the University of Wisconsin where she was a piano performance major. Since then she’s taught music, played in bands and performed solo on the piano for a living. Classical music has always been her favorite, but she’s done jazz, blues and rock. She estimates she’s 10. What Art really wanted to do was play ragtime; he just done over 100 weddings. Churches hired her to play and so did couldn’t explain that to his teacher. At age 6 Art was in the Kig- many vocalists who needed a piano player to accompany them at gins Theatre listening to someone do ragtime and he was recitals. She’s played in local symphonies and been asked to sit smitten. When he was 15, he heard a friend’s Dad playing rag- in with Portland jazz bands who need a piano player at the last time with a band and Art took off from there. Self taught, Art minute. The latter a testament to Laura’s ability to immediately has played all over Portland. His first job was at age 19 when he pick up what needs to be done on the piano, even with compli- played at a restaurant near the Big Dipper in Jantzen Beach cated jazz pieces. Laura has some interesting tales from her called the Golden Cockroach. This was followed by a four year years of playing. Like the time she had to teach a deaf student stint in the 60’s holding down the piano 4 to 5 nights a week at who had to put his hand on the piano to feel the vibration. Or the Barbary Coast. Since then he’s been the nightly featured the Japanese couple who spoke no English with Laura teaching piano player at Digger O’Dell’s, the Silk and Satin, Rico’s, by crude sign language and gestures. Somehow the language of Shakey's Pizza and The Grizzly Bear in Beaverton. Art has met music made it work. Her funniest bit was when she had to do a some interesting people performing on the piano over the years. performance in college but the stage hand forgot to lock the He tells of the time Ernest Borgnine came into one in 1967 and piano wheels. Laura sat down to play and found the piano kept gave him a $20 tip. Big money in those days. He ended up sit- moving slowly away. Unfortunately, her bench was not on ting and talking with the actor for over an hour. Art’s done wheels and Laura had to keep scooting it forward, all while not piano bars all over town. His last paying job was at Skamania missing a note. Now that’s the mark of a true performer. Alas, Lodge working the keys for the Sunday brunch crowd back in Laura has no current musical project on the horizon. Her last the late 90’s. He’s done weddings, churches and even played a project was recording a disc of Christmas music for family and talent show while serving in the Army National Guard. Art loves friends. But who knows, wander into a jazz bar in Portland to play ragtime. His favorite song is “Maple Leaf Rag”. He was some night and you might just find her on the piano. even kicked out of a church once for playing it. If Art could make a living playing piano he says he’d do it in a heartbeat. Our last featured artist is Vancouver personal injury lawyer Art There is just nothing like the magic of performing. Art is very Miller. A guy Judge Zimmerman rightly swears can play the generous with his time and plays at benefits for non profits on a piano behind his back. Art now has 6 pianos. And these things regular basis. His next performance will be at our own Dragon- aren’t exactly portable. Art took lessons at age 8 but didn’t like fly Cafe across from the courthouse on December 8th at 4:30 the drudgery of learning the fundamentals so he quit around age when he plays a Christmas benefit for veterans.

We are all part of the same bar Some attorneys have been paying family law section dues only, and not their CCBA membership dues. The CCBA has formally decided this issue in the past. An attorney is NOT allowed to be just a member of the family law section, and not a member of the CCBA. Attorneys must be a member of the CCBA to be a member of the fam- Advertise in next month’s HEARSAY ily law section, and must pay dues for both. Call Lisa Darco at 360.695.5975 for rates and availability.

22 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 7 DOUBLE HEARSAY

The Clark County Bar Association is pleased to announce its

Fifteenth Nuts and Bolts Lecture: WORKERS’ COMPENSATION What CCBA by Attorney Doug Palmer Wednesday, December 14th, 3:00 – 5:00 PM, at the Red Lion at the Quay Members Are

The cost is $50 for CCBA members, $70 for non-member attorneys, and $25 for non-attorneys. This will get you 2 CLE credits and the speakers’ prepared materials to download. There is an Doing About Town extra fee if you want to pick up the materials at the door. Eat. Drink. Learn.

Call the CCBA, (360) 695-5975, OR email: [email protected], OR RAISA JUDICATA To register: Guest Gossip Columnist FAX this flyer back to the CCBA at (360) 737-6891 with your NAME ______, PHONE #______, BAR NUMBER ______, It shouldn’t be amazing, because writing and speaking are a office at the Harris Juvenile Justice lawyer’s bread and butter, but Clark County has some very tal- Center, but she is all over campus and EMAIL ADDRESS ______. ented folks, as evidenced most recently by the November edition hearing divorce, paternity, juvenile of Hearsay. One of those very talented folks is featured in the and dependency cases. The December edition of Reader’s Digest (see it online at Columbian blew her cover on her Douglas M. Palmer graduated from Andrews University (B.S. ’97) and from http://www.rd.com/family/witty-and-wise-milblogs-are-a- age – there is no way our new voice-for-military-spouses/). Yes, Lori Volkman is quickly Commish is a day over 50! Northwestern University School of Law (J.D. ’00). After graduating, Doug becoming a media darling, surely due to her wonderful writing worked at Wallace, Klor & Mann, P.C., a 15-attorney firm in Lake Oswego ability, but it is also her engaging and sparkly personality that Our new Superior Court specializing in representing employers in Oregon and Washington Workers’ people want a piece of. She is happy to have her husband home Commissioner, Dayann Liebman. Compensation claims. Doug became a member of the State Bar in Oregon 2001 from Afghanistan after being gone a year. It was his absence that prompted her to begin her blog at www.wittylittlesecret.com. Next time you see Mike and in Washington in 2004. Doug has practiced exclusively in Washington Now that he is back safe, anytime life gets stressful, she just recalls Higgins, welcome him back Workers’ Compensation since 2004, leaving Wallace, Klor & Mann in August that feeling of loss when he was gone, and quickly appreciates from the far reaches of the 2010 to join Busick Hamrick, PLLC. Doug now exclusively represents injured workers before everything she has. That is like having Thanksgiving year ‘round. atmosphere. Mike spent the Department of Labor & Industries, Board of Industrial Insurance Appeals, and Washington about three weeks traveling Supporters of the Humane Society for Southwest Washington to, and then climbing Kala Courts. took part in a silent auction and dinner on October 23, 2011 as Patthar, a mountain in the part of the group's "It's a Wonderful Life" event at the Hilton. Nepalese Himalayas. The Local attorneys Lisa Lowe and Jean Shaw were the organizers of top of Kala Patthar sits at Mike Higgins with the peaks of Everest in An outline appears on the next page. the auction featuring both a silent and live auction. The “Meow- over 18,000 feet and pro- the background. tinis” and “Barkaritas” were flowing at the Bar as more than vides the most accessible seven hundred people mingled and spent their money in support point to view Mt. Everest from base camp to peak. Mike had a of the charity. The “take” this year from the auction was less great trip, but was happy to come home to his family (thank you than what is needed to run the facility for a year, so additional Mary Kay!) donations of money or time are always welcome. Go to http://southwesthumane.org/ to see how you can help. What would happen if one of the biggest trials of your career Visit us online at: ccbawashington.org took place 5 weeks before it was scheduled on your calendar? On October 27, 2011, Dayann Liebman was sworn in by Presid- Your witnesses would likely not be ready, your trial brief only in ing Judge Barbara Johnson as our newest Clark County Superior some kind of shape if you had already drafted a motion or Court Commissioner. You can find Commissioner Liebman’s response to summary judgment, discovery would probably be

8 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 21 THE NUTS AND BOLTS OF WORKERS’ COMPENSATION

I. BASIC DEFINITIONS III. BOARD OF INDUSTRIAL INSURANCE APPEALS CLARK COUNTY BAR ASSOCIATION CLE SERIES A. Industrial Injury v. Occupational Disease B. Temporary Total Disability & Loss of A. Initial Appeal – Stay of Benefits on Earning Power Appeal Nuts & Bolts: What Every Practioner Needs to Know C. Permanent Partial Disability B. Mediation Conference D. Permanent Total Disability C. Scheduling Conference D. Discovery II. DEPARTMENT OF LABOR AND INDUSTRIES E. Hearings The Clark County Bar Association is delighted to announce that it will host a CLE series geared to the F. Proposed Decision & Order/Petition for new members of the legal community titled Nuts & Bolts: What Every Practioner Needs to Know. The A. Filing a Claim Review G. Interest series will vary from one to three hours every second Wednesday of the month. Each session will feature 1. Statute of Limitations knowledgeable attorneys in a particular area of practice, and focus on the basic issues and procedures 2. Provisional Benefits IV APPEAL TO SUPERIOR COURT confronting an area of law. The current list of dates and topics are as follows: 3. Claim Allowance A. Filing and Perfecting the Appeal: B. Medical Treatment Statutory Parties B. Pre-Trial Procedure 1. Attending Physician C. Trial 2. Medically Necessary & Proper Treatment D. Judgment, Attorney Fees, & Costs 3. Curative, Rehabilitative, and Palliative Treatment 4. Approval of Specific Treatment Modalities

C. Vocational Rehabilitation

1. Light Duty/Early Return to Work 2. Ability to Work Assessment 3. Plan Development 4. Plan Implementation 5. Vocational Dispute Resolution Office

D Procedure and Practice

1. Fee Agreement 2. Notice of Representation 3. Getting a Copy of the Claim File 4. Protest and Appeal Deadlines 5. Contacting the Claims Manager 6. Getting Around the Claims Manager 7. Self-Insurance Penalties

Each one of the series is on $50 or you can purchase a discount card and attend 6 of the 12 events for $250. We’ll meet at the Quay at 3:00 and be done in time for happy hour. Materials will be provided free Conference Room 900 Washington St., Suite 850 for download for those who register three days before the seminar, or for a modest fee at the door. Vancouver, WA 98660 www.canarealty.com available to rent Office: (360) 696-9551 Call 695-5975 to register [email protected] The CCBA’s oﬃce conference room Executive Suites (208-224 sq. ft.) For firms with new associates, this series is a great way to support your local bar association is available for meetings Office Space (1,460-2,298 sq. ft.) and provide new associates with an introduction to the community and a broad set of useful Contact Stephanie Boyce for Information, Floor Plans, and Tours. and depositions at reasonable rates. legal skills and information. Comfort, security and luxury are just a few words that describe the Riverview Tower. We look forward to hearing from you! Call Lisa at: 695-5975

20 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 9 CCBA Announcements February 8 - Opening Statements and Closing Arguments Barrister’s Ball Social Committee/Auction Committee will be meeting on December 15, 2011 at 4:30 in the CCBA office. This years Barrister’s Ball is shaping up to be the best one yet but we need your help! Please plan on joining us. Steve Thayer (Criminal Trials) has recovered millions of dollars over the years NOTICE OF UPCOMING GENERAL MEETING FOLLOWED BY CLE: DECEMBER 12, 2011 for victims injured in auto and motorcycle accidents. He has also tried and won The next Bar Association General Meeting will be held on December 12, 2011 from 12-1 at the Red Lion Inn at the Quay. Members criminal cases involving all kinds of charges including Assault, Drug Delivery, will hear a report on the status of the bar. We will also bring for a vote a change to the By-Laws regarding the number of General DUI, Robbery, Sexual Assault, Vehicular Homicide, and First Degree Murder, and Meetings required to be held each year. Following the General Meeting, Michael Simon will present a one hour CLE on issues sur- successfully defended marijuana grow cases throughout the rounding Condo and Home Owners Associations. Northwest. MEMBERSHIP STATS Last year the Bar Association had 415 members. This year there are 345 who have returned their membership packets. If you intend Don Jacobs (Civil Trials) has practiced personal injury and insurance law in the to become a member of the CCBA please return your membership packets as soon as possible! Portland/Vancouver area since 1979. He is currently a sole practitioner with offices in Vancouver and Portland, where he exclusively represents injured consumers.

Possible GAL CLE March 14 - Direct Examination, Cross Examination and Examination of Experts

Earlier this year, Clark County sent out a call to strengthen the Some of the curriculum includes mandatory non-CLE topics, so David T. McDonald (Criminal Trials) has practiced Criminal Defense in the Title 13 Guardian Ad Litem registry, and the CLE committee this won't be 28 hours of actual CLE credit. If you are interested Portland/Vancouver area since 1986. A representative case load includes wants to know if we can help make that happen. The Title 13 in being eligible for Title 13 appointments, please contact us and representation of individuals facing allegations of Murder in the First Degree, GAL represents dependent children at the direction of the court. tell us that you want to take this training. Also, keep in mind State law sets some significant minimum training prior to that Title 13 GALs do not have to be lawyers. Thus, if you know Assault of a Child in the First Degree, Unlawful Possession of Child Pornography, appointment -- 28 hours -- and so offering that type of CLE is a other people that you think might be willing to participate, let Child Sexual Offenses, Controlled Substances Offenses, Assault in the Second big time investment for everyone involved. them know, too. Degree, Felony Property Crimes, Mortgage Fraud, Money Laundering, Violations of Supervised Release and Probation and DUII. He also represents individuals in front of We are considering an intensive workshop over 4-5 days in the If you want more info, please contact Rick Mc Leod at: administrative boards and the Oregon State Bar. spring of 2012 (likely two weekends), but we need your input. [email protected].

Jane Clark (Civil Trials) has 20 years of experience handling Personal Injury and Medical Malpractice actions. She is an adjunct professor at Portland State University where she teaches a class on Psychology and the Law. She is a Court Rules Corrections mediator in the area of Personal Injury and Medical Malpractice and a member of the USA&M mediation panel.

KURT RYLANDER April 11th Trial Procedures - Jury Instructions, Trial Briefs, Exhibits, Hearsay Editor-In-Chief Preserving Issues for Appeal

Judge Roger A. Bennett, (Ret.) rose to be Chief Deputy in the Clark County

Jeff Amram for the Superior Court wants the bar to be aware Rule 11-Signing of Pleadings; Rule 38-Demand for Jury; Rule Prosecutor’s office before moving to the Superior Court bench, where he was that the 2012 West Edition of the Washington State Local Rules 45-Subpoena; Rule 3.4-Presence of Defendant. The following elected six times and presided over 500 jury trials and over one thousand bench of Court (Volume III) included 5 rules that were indicated as rules are NOT Clark County Superior Court Rules: Rule 80- trials and contested hearings. "Deleted in 2010" when in fact they had not been deleted, and in Court Reporters; Rule 4.7-Discovery. Maria Sosnowski also addition 2 rules were added that are not actually local rules for wants the bar to be aware that the same problems that exist in During 10 years as a prosecutor James D. Senescu prosecuted over our court. One of the rules referred to the "Cowlitz County Jail". the written edition are also found in the Westlaw online version. 100 jury trials involving domestic violence, child abuse, The following rules have NOT been deleted: Rule 7-Pleadings; You have been warned! guardianship and person crimes, homicides and major felonies. He is now in private practice as a partner of Dimitrov, Senescu & Bennett, PLLC emphasizing HEARSAY ADVERTISERS WANTED! the litigation of cases involving abuse, neglect and financial exploitation of vulnerable adults including guardianships, probates and civil litigation. CCBA is looking for reliable Attorney Support Services who want affordable, targeted advertising in upcoming issues of Hearsay. If you have reliable and trustworthy service providers that can benefit our audience, please refer them to Lisa Darco for pricing and availability today! EXPERT WITNESS & CONSULTANTS • BAIL BONDS • COURT DISPLAYS • PARALEGAL • MARKETING • FINANCIAL SERVICES, ETC.

10 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 19 MEDICAL MALPRACTICE Rider & Associates Inc. provides superior court reporting services to the legal profession in Nuts and Bolts: Trial Skills Series Southwest Washington and the Portland, Oregon region. We have successfully served our WRONGFUL DEATH clients since 1979 by offering many features and benefits tailored to your needs. We specialize in complex medical and technical terminology and offer the latest technology in both software and hardware applications to support the needs of a demanding industry. Rider & Associates, During the first four months of 2012, the Clark County Bar Association Nuts and Bolts program Inc. will guarantee the highest level of professionalism with personalized service and attention PERSONAL INJURY to detail. will present four lectures on Basic Trial Skills by local expert practitioners. The format will be

the same – a two hour lecture at the Quay geared towards attorneys who are new to practice or Our Services Include: who don’t do a lot of litigation and might like to add it to their practice. See Hearsay and E- ♦ 7-10 day turnaround time without an expedite fee ♦ Full-Time Staff

mailings for details of each lecture. ♦ Realtime Reporting ♦ Computerized Transcription At the conclusion of the lecture series, we will offer a Trial Skills Practical full day of training. ♦ Caseview/Live Note ♦ e-Transcript

Attendees will have the opportunity to practice different aspects of their trial skills in an informal Law office of: ♦ Immediate Delivery and supportive small-group environment with an experienced mentor to provide advice and ♦ Conference Rooms JANE E. CLARK ♦ Scanning and Archiving of Exhibits

feedback. The CLE committee is currently working on dates and coordinating mentors who will ♦ Internet Realtime ATTORNEY AT LAW Affiliations: ♦ Realtime Captioning for Hearing Impaired include experienced trial lawyers and Clark County Judges. The one day training will likely take ♦ NCRA National Court Reporters Association 1014 Franklin Street ♦ WCRA Washington Court Reporters Association place on a Saturday in late April or early May. ♦ STAR Society for the Technological Advancement of Franklin Suites, Suite 108 Reporting P.O Box 245 ♦ MTIA Medical Transcription Industry Association ♦ Vancouver, WA 98660 Vancouver, WA 98666 AHDI Association for Healthcare Documentation Integrity Phone: 800.869.0864 ♦ AHDI-Washington Association for Healthcare Places in the practical training will be limited and offered on a first-come first-served basis. Fax: 360.693.1037 Documentation Integrity of Washington Available for Referral or Association ♦ E-mail: [email protected] AHDI-Oregon Association for Healthcare Documen- tation Integrity of Oregon Priority will be given to those who attend at least one of the trial skills lectures - sign ups will Vancouver Web: www.RiderandAssociates.com 360.859.3823 start in January. As a benefit to our members, the bar will be keeping the cost of this training Portland 503.974.4161 down to the discounted Nuts and Bolts price of $25 per CLE hour. Email [email protected]

If you are interested in participating in the trial skills day and want further information or want to confirm your early interest, please contact Jane Clark, Chair of the CLE committee and coordinator of the Trial Skills program at [email protected]. We are creative about protecting

intellectual property CHUCK Faculty CORRIGAN January 11th - Jury Selection BZY^Vi^dc!6gW^igVi^dc

Thomas C. Phelan is a Criminal defense and Personal Injury lawyer in DgZ\dcHjeZgAVlnZgh'%&& Vancouver. He has selected juries in dozens of criminal and civil cases, ranging 6aiZgcVi^kZ9^hejiZGZhdaji^dc from death penalty to simple misdemeanors to complex civil litigation. He is a member of the State and Federal bars in Oregon and Washington, and is admitted to practice before the Ninth Circuit Court of Appeals, The United States Court of Claims, and The United States Supreme Court.

Jill D. Schmid, Ph.D., Tsongas Trial Consultants, received her masters and doctorate from the University of Washington’s School of Communication where she focused her studies and research on communication theory, message framing, narratives, visual advocacy, attitude formation and change, and argumentation. Patents Trade Secrets Licensing Jill consults on pre-trial, case, mediation, and arbitration strategy, courtroom communication, Trademarks Unfair Competition Counseling pre-trial research, witness preparation, jury selection, and post-trial analysis. Copyrights Litigation Due Diligence *%(#')&#%+,, LVh]^c\idcVYb^hh^dch/ LVh]^c\idc!&.,,0 406 West 12th Street &%%%HL7gdVYlVn!EdgiaVcY JH98Ä:VhiZgc9^hig^Xi!&.,,0 Vancouver, WA RYLANDER mmm$Yehh_]Wd#bWm$Yec LZhiZgc9^hig^Xi!&.,.# (360) 750-9931 & ASSOCIATES PC BZbWZg8876h^cXZ&.,.# www.rylanderlaw.com Trial & Patent Attorneys

18 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 11 and witnesses contained in discovery provided to them by the discussing the reports with the defendant. Other committee PA’s office. John also mentioned that the rule provided for sanc- members did not read the rule so narrowly. However, one com- tions in the event an attorney does not comply with its mittee member expressed concern that if defense counsel Hearsay Heresy requirements. See CrR 4.7(h)(7). allowed a criminal defendant access to un-redacted discovery and the defendant used some of the un-redacted information to A New Panegyric for Getting Younger - A broad discussion ensued about what the phrase “Any materials commit a new crime against a victim or a witness that the furnished to an attorney pursuant to these rules shall remain in defense attorney might be subject to civil liability. The commit- and Ruminations on Hearsay and an Old Resource the exclusive custody of the attorney” means, particularly in light tee did not reach consensus on what practices by defense of the last sentence of the rule that provides for giving the defen- counsel would be clearly allowed or prohibited by the rule. dant a copy of the materials once redactions approved by the DOUG FOLEY prosecutor or order of the court are made. Some committee 2. Next Bench Bar committee meeting: The committee will meet Hearsay Special Correspondent members expressed the opinion that this meant that defense next on Tuesday, December 13, 2011 at noon in Judge Nichols’ attorneys are prohibited from allowing criminal defendants jury room. access to un-redacted discovery whether the attorney is present When I was asked to pen a few words (if you will pardon the judicious forefathers gathered round the well when the witch or not. This view would prevent a criminal defense attorney from Respectfully submitted, anachronism) on the topic of hearsay, I was instantly trans- was doused to see if she would float or sink – or where they hud- giving a criminal defendant an un-redacted set of police reports John Fairgrieve ported back 34 years when I first met this odd creature in law dled near the fire when the suspect’s hand was burned, then during a meeting and having the defendant read them prior to school. I was both surprised and fascinated how there could be a wrapped, and later unwrapped -- to see if it healed or festered. “rule” with so many exceptions. The exceptions, I was reassured, Among this crowd of dedicated jurists and truth seekers, there only proved the rule. Nonetheless, even though we all have been must have emerged a few rational chaps of a less superstitious given a rule -- the exceptions to the rule which forbids introduc- persuasion who looked at each other in a moment of doubt tion of out of court utterances when offered to prove the truth of about these tried and true means, shook their heads -- and the matter asserted therein -- seem to spontaneously sprout like instantly repaired to the nearest pub where, donning wigs and Family Law Section Meeting the furies out of the dark nothingness and continue to appear to solemn faces, they hatched a plan: How about rules of evidence? me -- after all of these years -- to be pure spun gossamer inven- How about trials where we allow certain things to be said – but tions and tissue thin distinctions that brush against the meat of not other things? This obviously was quite a breakthrough – not CHRIS BOYD the rule while pretending not to intersect it– even as they to mention a likely source of relief to witches, warlocks and Family Law Section President become so numerous they all but swallow the rule. demons alike. However, in the pursuit of sparing some demons – real or imagined -- perhaps they succeeded in giving us a few Well, why have a rule – and then have all of these exceptions? more that continue to plague us across the centuries -- while still The Family Law Section held our monthly meeting on Novem- Please RSVP by the Monday, December 5th by sending your Because, I was told – the exceptions are “trustworthy” while gar- arraigned in their medieval garb as they continue to enter our ber 9, 2011. Mary Hatzenbeler presented on the issue of age payment to our section’s Treasurer, Meredith McKell Graff, den variety, everyday hearsay is plainly not. So it goes -- mead halls, spill our cups and bite at our heads – not unlike a specific parenting plans. She also discussed a child-centered 3214 NE 42nd Street, Suite B, Vancouver, WA 98663. someone on a death bed who makes a dying declaration surely Grendel in pursuit of his Beowulf. approach to custody matters. This dovetails nicely with current must be struggling to tell us a last truth because that speaker is requests to revisit our “Local Court Rule” standard visitation Our officers are: President, Chris Boyd; Treasurer, Meredith about to meet his end – and who would die with a lie on his lips Hearsay is fascinating, plaguing and perplexing – and largely schedule. The Family Law Bench has expressed a willingness to McKell Graff; Secretary, Stephanie Ellis. just before he is to greet his Maker? (Never mind incipient because of its exceptions. I recall trying a case in front of Judge consider suggestions from a subcommittee on this issue. Those dementia or atheism as counter balances to that question). And Morgan when my adversary tried to slip a nugget of hearsay into interested should contact me. If you would like to attend a CCBA FLS meeting and do not cur- surely if the victim is lying bloodied and dying in the street – evidence. I objected, the Jury was adjourned for a discussion of rently receive the email updates, please email me at what jury would not be convinced that “Joe shot me” and the objection – and for the next half hour, the three of us -- Judge We will have our annual holiday party next meeting – so no CLE [email protected]. regardless of whether our declarant got a good look at Joe – or Morgan, myself and my opponent – all chased and fought Gren- credits. Please RSVP so our Secret Santa can provide you with a whether he even rasped the right name at the last moment? del around the courtroom until exhausted and spent, he was gift. Ideally we will get names early so we can get appropriately Remember to visit the blog for updates and announcements: finally cornered and slain after giving us all an admirable contest. PG-13 rated gifts. We do not have a Santa yet – so please con- http://ccbafamilylawsection.blogspot.com/ Furthermore, any fool can plainly understand that any excited Morgan ruled against the introduction of the statement -- and tact me with possibilities (headshots are not required). Our utterance is clearly trustworthy because excited people just can- although he acknowledged there was a potential exception or next meeting will be on Wednesday December 14, 2011 at the not -- and do not – ever get it wrong – do they? In addition, two for the proffered hearsay – my opponent was really offering reserved lounge section of Tommy O’s, 801 Washington Street, statements concerning personal or family history set forth in the statement for the truth of the matter asserted therein – and Vancouver. The cost of the meeting will be $13.00 for lunch. “genealogies and charts or the like” must be considered trust- for no other real reason. Thus, the rule had survived to live for worthy. Truly? Well, the framer of that exception never met my another day despite all of its exceptions; Grendel was stopped -- wife’s grandmother who often read history books and then con- and Beowulf, once more, triumphed. vinced herself that famous figures must somehow be connected to the family tree (which in her fevered imagination looked Irving Younger (born Irving Yoskowitz) was a Judge, Professor, NOMINATE YOUR FAVORITE ATTORNEY more like a bramble bush), causing her to draw an additional national lecturer and proficient writer. He was the best teacher I root here -- or build a creeping branch there – all in satisfaction encountered on the subject of hearsay – or evidence in its Every year at the Barrister’s Ball, The Donald Simpson Award for Professionalism, the Ken Weber Award for Service to of her romantic musings of pedigree rather from a considered entirety for that matter. I still vividly remember his lectures on the Community, and the Alan Harvey Courtroom Blooper Award, are given to acclaimed and deserving local attorneys. desire for accuracy. cassette -- which I listened and re-listened to -- even when I was Who will receive these awards this year? What acts of service, of consummate professionalism, of courtroom acrobatics deserve tired after studying late at night. Why did everything he say the ultimate recognition. Inquiring minds want to know. No one, of course, has documented the birth of the hearsay rule stick? It was because he was both brilliant and entertaining – a You can nominate one attorney for each award, or potentially even one attorney for all awards (which would really be or all of its exceptional offspring. Without using too much imag- rare combination in our profession. I did see Younger lecture something). Please nominate your candidates by contacting Lisa at [email protected]. ination, we can put ourselves back in England where our live on hearsay in Seattle at a CLE over 20 years ago and I was

12 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 17 highly impressed with the way he could wend together major and then points it in any direction that he pleases regardless of league baseball anecdotes, law and a healthy sprinkling of Brook- what the listener might expect – simply because he can. lyn profanity into a fine blend, not unlike a sweet old whiskey that didn’t fight you much when you drank it. Getting Younger to guide you through the foibles of hearsay is a must for the young lawyer who hasn’t yet had the pleasure of Here was a man who confidently used the “F” word in front of encountering a great lecturer on evidence. Other musts include hundreds of people without flinching and without making the his “Ten Commandments of Cross Examination,” in addition to CLARK COUNTY SUPERIOR COURT BENCH/BAR audience flinch when he used it. This was a man who had a funda- his other trial works. Younger bellows and blows – he is a fiery mental grasp of legal history, the eccentricities of our exceptional minister of evidence who doesn’t mind salty talk if it helps to hearsay rule – and someone who could casually bring into the make his point. “A trial,” as Irving Younger screamed at the MEETING MINUTES conversation Sandy Koufax making a great catch in order to com- audience of which I was a member, “is the most complicated plete a legal parallel -- as easily as he could cite a case to thing on earth!” Yes, that is true. NOVEMBER 8, 2011 demonstrate the same point. Irving Younger was the embodi- ment of the Second Movement of Beethoven’s Ninth Symphony– But getting Younger makes it easier. where the artist stops the momentum of the piece, redirects it –

JOHN FAIRGRIEVE CCBA President Inns of Court The meeting began shortly after noon. Persons present were ings, generally in the context of complaints by some criminal It's not too late to join the George and Donald Simpson Ameri- monthly meetings in January, every third Wednesday of the Judge John Nichols, Judge Robert Lewis, Ann Christian, Kurt defense attorneys that material necessary to their defense of a can Inn of Court for 2011-2012! So far Judge Lewis' group month, from 5:00 to 6:30 p.m. at Little Italy's downtown. For Rylander, Clay Spencer and John Fairgrieve. criminal defendant had been redacted from police reports or presented on Mentorship and Judge Melnick's group discussed membership information please contact Kristen Parcher at kris- that different trial teams in the prosecuting attorney’s (PA’s) the ethical obligations and pitfalls to giving advice to friends and [email protected] or Scott Horenstein at OLD BUSINESS were redacting different types of information. family in their presentation, "When Friends Call From Jail." Inns [email protected]. 1. Competency evaluations being conducted on criminal defen- of Court takes off the month of December and will resume dants by Western State Hospital (WSH): Ann Christian told the John told the committee that the complaints from defense coun- committee that the situation had not changed significantly since sel had initiated a discussion within the PA’s office about its last month, and that there is currently a three to four month wait policy and the lack of uniformity in what material was being to have competency evaluations conducted at WSH for superior redacted among the trial teams. The result of the discussion has court cases. Judge Lewis mentioned that there is also a shortage been the adoption of a new policy: In the future the PA’s office Advising Property Owners, of bed spaces available for defendants who are in need of treat- will not be regularly redacting any information from the discov- ment to restore their competency. ery that it provides to defense counsel with the possible Condominium & Homeowner exception of specific information relating to crime victims (i.e. Associations for 20 years. 2. Use of bail schedules in criminal court: John Fairgrieve told date of birth, driver’s license number, social security number, the committee that the prosecuting attorney’s office was waiting telephone number, etc. ). This latter information will be redacted for input from criminal defense bar representatives concerning a on a case by case basis after a review by the assigned deputy The focus of Mike Simon's law draft bail schedule that the parties hope to present to the supe- prosecuting attorney. practice is representing rior court judges for possible adoption. condominium and homeowners John explained to the committee that in adopting the new policy associations, government condemnations, individuals and 3. Maximum sentences for unranked felonies: Last month John the PA’s office would be relying on defense counsel to comply businesses with land use, real Fairgrieve brought to the attention of the committee that section with the requirements of CrR 4.7(h)(3), which states: estate, and civil litigation 11 of chapter 96 of the Laws of 2011 changed existing law to Custody of materials. Any materials furnished to an attorney matters. He approaches each read that any sentence of one year or more shall be served in the pursuant to these rules shall remain in the exclusive custody of issue through its details, reviewing and interpreting the Department of Corrections (DOC). He stated that the change the attorney and be used only for the purposes of conducting the most complex documents to in the law would cause maximum sentences for unranked party's side of the case, unless otherwise agreed by the parties or formulate the best approach to felonies (i.e. 365 days) to be served at DOC instead of local jail, ordered by the court, and shall be subject to such other terms representing his clients. and that this provision was probably the result of a legislative and conditions as the parties may agree or the court may pro- oversight. Today, however he told the committee that the legis- vide. Further, a defense attorney shall be permitted to provide a lature apparently recognized its mistake and repealed the new copy of the materials to the defendant after making appropriate section that changed the original law. See Chapter 40, Section redactions which are approved by the prosecuting authority or MICHAEL SIMON 43, Laws of 2011, Special Session. order of the court. Phone: 360-696-3312 (WA) 503-283-3393 (OR) NEW BUSINESS John explained that much of the rationale for the prior policy of 1. Prosecuting Attorney’s Office Policy for Redacting Informa- redacting information from discovery was concern that some Fax: 360-696-2122 tion from Criminal Discovery: John Fairgrieve reminded the defense attorneys might not comply with CrR 4.7 (h)(3) and [email protected] committee that this issue had come up at past committee meet- give their clients access to the personal information of victims

16 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 13

The Clark County Bar Association is pleased to announce its

Sixteenth Nuts and Bolts Lecture TRIAL SKILLS: JURY SELECTION CCBA Monthly Board Meeting Minutes by Attorney Thomas Phelan and Jill Schmid, Ph.D. Wednesday, January 11th, 3:00 – 5:00 PM, at the Red Lion at the Quay DAVID GREGERSON CCBA Secretary The cost is $50 for CCBA members, $70 for non-member attorneys, and $25 for non-attorneys. This will get you 2 CLE credits and the speakers’ prepared materials to download. There is an extra fee if you want to pick up the materials at the door. Board members in attendance: J. Fairgrieve, J. Sasser, J. Clark, A. sale, caterer will obtain permit for serving. Dunn, K. Rylander, D. Gregerson. Staff in attendance: L. Darco e. CLE cancelation refund policy: Issue was brought up at Food, drinks, etc. CLE committee. Given the relative rarity of the problem, 1. Call to Order, 12:08 PM. they recommend no formal policy and decisions should be To register: Call the CCBA, (360) 695-5975, OR email: [email protected], OR made discretionary on a case-by-case basis. On motion duly 2. Approval of previous meeting’s minutes: It was noted under made, seconded, and passed unanimously, the issue is FAX this flyer back to the CCBA at (360) 737-6891 with your 4a that S. Clark already has bank signing authority, along with TABLED until brought up at a later time. the newly added authority by resolution to Fairgrieve and Nel- f. CCBA logo: A logo was apparently produced and NAME ______, lor. On motion duly made, seconded, and passed unanimously, approved during the tenure of Judge Melnick as CCBA Presi- PHONE #______, BAR NUMBER ______, the meetings from the October 4, 2011 meeting are dent. Dunn expressed intellectual property concerns. CCBA APPROVED. website should also be updated with current correct informa- and EMAIL ADDRESS ______. tion, and perhaps expanded to add a search/marketing value 3. Treasurer’s Report: Treasurer not present to make treasurer’s for members. Dunn will spearhead a committee to address report, but P&L and balance sheet are reviewed. Rylander noted these issues, and perhaps budget for substantial overhaul of Thomas C. Phelan Is a Criminal defense and Personal Injury lawyer in Vancouver. He has that the P&L reports both September and October. Revenues are the website. selected juries in dozens of criminal and civil cases, ranging from death penalty to simple artificially skewed high because of the front-end inflow of mem- misdemeanors to complex civil litigation. He is a member of the State and Federal bars in bership dues in September and October. Rylander expressed 5. New business Oregon and Washington, and is admitted to practice before the Ninth Circuit Court of concern that the CPA needs to be contacted to ascertain status of a. Insurance policy renewal: Darco will e-mail summary Appeals, The United States Court of Claims, and The United States Supreme Court. information for CCBA’s annual tax return. Approval of treasurer’s sheet of coverage to board members for review if any changes report is tabled until next month’s meeting. are desired. b. Website status: tabled pending committee report and 4. Old business: Nellor presence. a. Budget – Darco will continue with moving the “Kaiser” c. Parking permit for Kaitlin: On motion duly made, sec- Jill D. Schmid, Ph.D., Tsongas Trial Consultants, received her masters and doctorate bank accounts into the general account for purposes of con- onded, and unanimously passed, the board RESOLVED to from the University of Washington’s School of Communication where she focused her solidation. pay the cost of bimonthly parking permit, prospectively and studies and research on communication theory, message framing, narratives, visual b. HEARSAY receivable – D. Gregerson agreed to continue retrospectively (actual, or up to the equivalent cost of per- advocacy, attitude formation and change, and argumentation. Jill consults on pre-trial, case, discussions with a vendor who apparently owes several hun- mit), for Kaitlin. mediation, and arbitration strategy, courtroom communication, pre-trial research, witness dred dollars for advertising in HEARSAY magazine and to d. General meeting: bylaws require quarterly meetings. report to the board at its next meeting. Meeting will be scheduled and announced for December 12, preparation, jury selection, and post-trial analysis. c. Check signing – Rylander will be removed from signing 12:00 to 1:00 PM, subject to CLE and room/lunch confirma- authority, with Nellor added. tion. Board will consider amending bylaws to reduce the IMPLEMENTING A SYSTEMATIC APPROACH TO JURY SELECTION d. Barrister’s Ball. Roots cannot cater the event because number of general meetings from presently quarterly require- with they are not, and apparently cannot be, added to Pearson’s ment. Practical Tips, Strategies and Techniques for Selecting a Jury Most Favorable to Your Case approved caterer list. Report is made with proposals from e. Current membership: 271 with dues paid, 177 not yet alternative caterers. On motion duly made, seconded, and renewed from prior years, 20 requested print copies of Jury Selection has often been considered by attorneys to be the least favorite aspect of trial. This seminar passed, the board RESOLVED that the bid from Beaches is HEARSAY. provides practical tips for identifying jurors who most likely have negative predispositions toward your case. approved as the event caterer. CCBA will need to find ways f. Remaining agenda items TABLED. Rooted in the theories of jury decision making, you will learn how to create a High-Risk Juror Profile, to increase event revenues to make up for extra catering costs. techniques for asking effective voir dire questions, and practical tips for implementing a systematic approach to Table sponsorships will be explored. Rylander, Fairgrieve, 6. There being no more business before the board, on motion and Sasser will act as subcommittee to draft sponsorship plan. duly made, seconded, and passed, the board meeting was tracking and analyzing juror responses throughout the jury selection process. Caterer should cover insurance for event, naming CCBA as ADJOURNED. “additional insured.” Liquor permit applications by Darco for

14 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 15

The Clark County Bar Association is pleased to announce its

14 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 15 highly impressed with the way he could wend together major and then points it in any direction that he pleases regardless of league baseball anecdotes, law and a healthy sprinkling of Brook- what the listener might expect – simply because he can. lyn profanity into a fine blend, not unlike a sweet old whiskey that didn’t fight you much when you drank it. Getting Younger to guide you through the foibles of hearsay is a must for the young lawyer who hasn’t yet had the pleasure of Here was a man who confidently used the “F” word in front of encountering a great lecturer on evidence. Other musts include hundreds of people without flinching and without making the his “Ten Commandments of Cross Examination,” in addition to CLARK COUNTY SUPERIOR COURT BENCH/BAR audience flinch when he used it. This was a man who had a funda- his other trial works. Younger bellows and blows – he is a fiery mental grasp of legal history, the eccentricities of our exceptional minister of evidence who doesn’t mind salty talk if it helps to hearsay rule – and someone who could casually bring into the make his point. “A trial,” as Irving Younger screamed at the MEETING MINUTES conversation Sandy Koufax making a great catch in order to com- audience of which I was a member, “is the most complicated plete a legal parallel -- as easily as he could cite a case to thing on earth!” Yes, that is true. NOVEMBER 8, 2011 demonstrate the same point. Irving Younger was the embodi- ment of the Second Movement of Beethoven’s Ninth Symphony– But getting Younger makes it easier. where the artist stops the momentum of the piece, redirects it –

16 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 13 and witnesses contained in discovery provided to them by the discussing the reports with the defendant. Other committee PA’s office. John also mentioned that the rule provided for sanc- members did not read the rule so narrowly. However, one com- tions in the event an attorney does not comply with its mittee member expressed concern that if defense counsel Hearsay Heresy requirements. See CrR 4.7(h)(7). allowed a criminal defendant access to un-redacted discovery and the defendant used some of the un-redacted information to A New Panegyric for Getting Younger - A broad discussion ensued about what the phrase “Any materials commit a new crime against a victim or a witness that the furnished to an attorney pursuant to these rules shall remain in defense attorney might be subject to civil liability. The commit- and Ruminations on Hearsay and an Old Resource the exclusive custody of the attorney” means, particularly in light tee did not reach consensus on what practices by defense of the last sentence of the rule that provides for giving the defen- counsel would be clearly allowed or prohibited by the rule. dant a copy of the materials once redactions approved by the DOUG FOLEY prosecutor or order of the court are made. Some committee 2. Next Bench Bar committee meeting: The committee will meet Hearsay Special Correspondent members expressed the opinion that this meant that defense next on Tuesday, December 13, 2011 at noon in Judge Nichols’ attorneys are prohibited from allowing criminal defendants jury room. access to un-redacted discovery whether the attorney is present When I was asked to pen a few words (if you will pardon the judicious forefathers gathered round the well when the witch or not. This view would prevent a criminal defense attorney from Respectfully submitted, anachronism) on the topic of hearsay, I was instantly trans- was doused to see if she would float or sink – or where they hud- giving a criminal defendant an un-redacted set of police reports John Fairgrieve ported back 34 years when I first met this odd creature in law dled near the fire when the suspect’s hand was burned, then during a meeting and having the defendant read them prior to school. I was both surprised and fascinated how there could be a wrapped, and later unwrapped -- to see if it healed or festered. “rule” with so many exceptions. The exceptions, I was reassured, Among this crowd of dedicated jurists and truth seekers, there only proved the rule. Nonetheless, even though we all have been must have emerged a few rational chaps of a less superstitious given a rule -- the exceptions to the rule which forbids introduc- persuasion who looked at each other in a moment of doubt tion of out of court utterances when offered to prove the truth of about these tried and true means, shook their heads -- and the matter asserted therein -- seem to spontaneously sprout like instantly repaired to the nearest pub where, donning wigs and Family Law Section Meeting the furies out of the dark nothingness and continue to appear to solemn faces, they hatched a plan: How about rules of evidence? me -- after all of these years -- to be pure spun gossamer inven- How about trials where we allow certain things to be said – but tions and tissue thin distinctions that brush against the meat of not other things? This obviously was quite a breakthrough – not CHRIS BOYD the rule while pretending not to intersect it– even as they to mention a likely source of relief to witches, warlocks and Family Law Section President become so numerous they all but swallow the rule. demons alike. However, in the pursuit of sparing some demons – real or imagined -- perhaps they succeeded in giving us a few Well, why have a rule – and then have all of these exceptions? more that continue to plague us across the centuries -- while still The Family Law Section held our monthly meeting on Novem- Please RSVP by the Monday, December 5th by sending your Because, I was told – the exceptions are “trustworthy” while gar- arraigned in their medieval garb as they continue to enter our ber 9, 2011. Mary Hatzenbeler presented on the issue of age payment to our section’s Treasurer, Meredith McKell Graff, den variety, everyday hearsay is plainly not. So it goes -- mead halls, spill our cups and bite at our heads – not unlike a specific parenting plans. She also discussed a child-centered 3214 NE 42nd Street, Suite B, Vancouver, WA 98663. someone on a death bed who makes a dying declaration surely Grendel in pursuit of his Beowulf. approach to custody matters. This dovetails nicely with current must be struggling to tell us a last truth because that speaker is requests to revisit our “Local Court Rule” standard visitation Our officers are: President, Chris Boyd; Treasurer, Meredith about to meet his end – and who would die with a lie on his lips Hearsay is fascinating, plaguing and perplexing – and largely schedule. The Family Law Bench has expressed a willingness to McKell Graff; Secretary, Stephanie Ellis. just before he is to greet his Maker? (Never mind incipient because of its exceptions. I recall trying a case in front of Judge consider suggestions from a subcommittee on this issue. Those dementia or atheism as counter balances to that question). And Morgan when my adversary tried to slip a nugget of hearsay into interested should contact me. If you would like to attend a CCBA FLS meeting and do not cur- surely if the victim is lying bloodied and dying in the street – evidence. I objected, the Jury was adjourned for a discussion of rently receive the email updates, please email me at what jury would not be convinced that “Joe shot me” and the objection – and for the next half hour, the three of us -- Judge We will have our annual holiday party next meeting – so no CLE [email protected]. regardless of whether our declarant got a good look at Joe – or Morgan, myself and my opponent – all chased and fought Gren- credits. Please RSVP so our Secret Santa can provide you with a whether he even rasped the right name at the last moment? del around the courtroom until exhausted and spent, he was gift. Ideally we will get names early so we can get appropriately Remember to visit the blog for updates and announcements: finally cornered and slain after giving us all an admirable contest. PG-13 rated gifts. We do not have a Santa yet – so please con- http://ccbafamilylawsection.blogspot.com/ Furthermore, any fool can plainly understand that any excited Morgan ruled against the introduction of the statement -- and tact me with possibilities (headshots are not required). Our utterance is clearly trustworthy because excited people just can- although he acknowledged there was a potential exception or next meeting will be on Wednesday December 14, 2011 at the not -- and do not – ever get it wrong – do they? In addition, two for the proffered hearsay – my opponent was really offering reserved lounge section of Tommy O’s, 801 Washington Street, statements concerning personal or family history set forth in the statement for the truth of the matter asserted therein – and Vancouver. The cost of the meeting will be $13.00 for lunch. “genealogies and charts or the like” must be considered trust- for no other real reason. Thus, the rule had survived to live for worthy. Truly? Well, the framer of that exception never met my another day despite all of its exceptions; Grendel was stopped -- wife’s grandmother who often read history books and then con- and Beowulf, once more, triumphed. vinced herself that famous figures must somehow be connected to the family tree (which in her fevered imagination looked Irving Younger (born Irving Yoskowitz) was a Judge, Professor, NOMINATE YOUR FAVORITE ATTORNEY more like a bramble bush), causing her to draw an additional national lecturer and proficient writer. He was the best teacher I root here -- or build a creeping branch there – all in satisfaction encountered on the subject of hearsay – or evidence in its Every year at the Barrister’s Ball, The Donald Simpson Award for Professionalism, the Ken Weber Award for Service to of her romantic musings of pedigree rather from a considered entirety for that matter. I still vividly remember his lectures on the Community, and the Alan Harvey Courtroom Blooper Award, are given to acclaimed and deserving local attorneys. desire for accuracy. cassette -- which I listened and re-listened to -- even when I was Who will receive these awards this year? What acts of service, of consummate professionalism, of courtroom acrobatics deserve tired after studying late at night. Why did everything he say the ultimate recognition. Inquiring minds want to know. No one, of course, has documented the birth of the hearsay rule stick? It was because he was both brilliant and entertaining – a You can nominate one attorney for each award, or potentially even one attorney for all awards (which would really be or all of its exceptional offspring. Without using too much imag- rare combination in our profession. I did see Younger lecture something). Please nominate your candidates by contacting Lisa at [email protected]. ination, we can put ourselves back in England where our live on hearsay in Seattle at a CLE over 20 years ago and I was

12 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 17 MEDICAL MALPRACTICE Rider & Associates Inc. provides superior court reporting services to the legal profession in Nuts and Bolts: Trial Skills Series Southwest Washington and the Portland, Oregon region. We have successfully served our WRONGFUL DEATH clients since 1979 by offering many features and benefits tailored to your needs. We specialize in complex medical and technical terminology and offer the latest technology in both software and hardware applications to support the needs of a demanding industry. Rider & Associates, During the first four months of 2012, the Clark County Bar Association Nuts and Bolts program Inc. will guarantee the highest level of professionalism with personalized service and attention PERSONAL INJURY to detail. will present four lectures on Basic Trial Skills by local expert practitioners. The format will be

intellectual property CHUCK Faculty CORRIGAN January 11th - Jury Selection BZY^Vi^dc!6gW^igVi^dc

18 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 11 CCBA Announcements February 8 - Opening Statements and Closing Arguments Barrister’s Ball Social Committee/Auction Committee will be meeting on December 15, 2011 at 4:30 in the CCBA office. This years Barrister’s Ball is shaping up to be the best one yet but we need your help! Please plan on joining us. Steve Thayer (Criminal Trials) has recovered millions of dollars over the years NOTICE OF UPCOMING GENERAL MEETING FOLLOWED BY CLE: DECEMBER 12, 2011 for victims injured in auto and motorcycle accidents. He has also tried and won The next Bar Association General Meeting will be held on December 12, 2011 from 12-1 at the Red Lion Inn at the Quay. Members criminal cases involving all kinds of charges including Assault, Drug Delivery, will hear a report on the status of the bar. We will also bring for a vote a change to the By-Laws regarding the number of General DUI, Robbery, Sexual Assault, Vehicular Homicide, and First Degree Murder, and Meetings required to be held each year. Following the General Meeting, Michael Simon will present a one hour CLE on issues sur- successfully defended marijuana grow cases throughout the rounding Condo and Home Owners Associations. Northwest. MEMBERSHIP STATS Last year the Bar Association had 415 members. This year there are 345 who have returned their membership packets. If you intend Don Jacobs (Civil Trials) has practiced personal injury and insurance law in the to become a member of the CCBA please return your membership packets as soon as possible! Portland/Vancouver area since 1979. He is currently a sole practitioner with offices in Vancouver and Portland, where he exclusively represents injured consumers.

Possible GAL CLE March 14 - Direct Examination, Cross Examination and Examination of Experts

KURT RYLANDER April 11th Trial Procedures - Jury Instructions, Trial Briefs, Exhibits, Hearsay Editor-In-Chief Preserving Issues for Appeal

Judge Roger A. Bennett, (Ret.) rose to be Chief Deputy in the Clark County

10 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 19 THE NUTS AND BOLTS OF WORKERS’ COMPENSATION

C. Vocational Rehabilitation

1. Light Duty/Early Return to Work 2. Ability to Work Assessment 3. Plan Development 4. Plan Implementation 5. Vocational Dispute Resolution Office

D Procedure and Practice

20 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 9 DOUBLE HEARSAY

The Clark County Bar Association is pleased to announce its

Fifteenth Nuts and Bolts Lecture: WORKERS’ COMPENSATION What CCBA by Attorney Doug Palmer Wednesday, December 14th, 3:00 – 5:00 PM, at the Red Lion at the Quay Members Are

8 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 21 completed, but maybe there would be a Your esteemed colleague Raisa Judicata can’t be everywhere. If you note of what you’re about to play. In fact you beat out many of last minute deposition to squeeze in, and have a tidbit of news you would like the world to know, send a note these other performers in recitals in order to get where you are. your trial notebook may be non-existent. to [email protected]. Raisa usually checks in the first Mon- You walk onto the stage alone. You sit at the piano. The entire Well, Juliet Laycoe Hagley experienced a day of every month. Remember, it is your ethical duty to support hall is absolutely quiet. You can hear the faint sound of pro- similar start to the system when little Abi- your member organization with juicy gossip and goings on. grams rustling. Your heart pounding, you take a deep breath and gail Diane Hagley, was born October 27, begin. Afterwards you finish and bow. Test of nerves anyone? 2011, about five weeks early at 5 pounds, 2 If this was you, your name would be Vancouver divorce lawyer oz. Since this is Juliet’s second child, she is Laura Wolosek. After interviewing Laura, I’m convinced she is a It’s a girl for Juliet and surely taking it in stride and has a joyous piano player with few equals. Her resume is impressive. Both her husband. Christmas to look forward to. her parents were musicians and she started on the piano at age 7. In 6th and again in 9th grade she won the Wisconsin Music Teachers Association Award which led to her performing classical pieces to full auditoriums. She went on to the University of Wisconsin where she was a piano performance major. Since then she’s taught music, played in bands and performed solo on the piano for a living. Classical music has always been her favorite, but she’s done jazz, blues and rock. She estimates she’s 10. What Art really wanted to do was play ragtime; he just done over 100 weddings. Churches hired her to play and so did couldn’t explain that to his teacher. At age 6 Art was in the Kig- many vocalists who needed a piano player to accompany them at gins Theatre listening to someone do ragtime and he was recitals. She’s played in local symphonies and been asked to sit smitten. When he was 15, he heard a friend’s Dad playing rag- in with Portland jazz bands who need a piano player at the last time with a band and Art took off from there. Self taught, Art minute. The latter a testament to Laura’s ability to immediately has played all over Portland. His first job was at age 19 when he pick up what needs to be done on the piano, even with compli- played at a restaurant near the Big Dipper in Jantzen Beach cated jazz pieces. Laura has some interesting tales from her called the Golden Cockroach. This was followed by a four year years of playing. Like the time she had to teach a deaf student stint in the 60’s holding down the piano 4 to 5 nights a week at who had to put his hand on the piano to feel the vibration. Or the Barbary Coast. Since then he’s been the nightly featured the Japanese couple who spoke no English with Laura teaching piano player at Digger O’Dell’s, the Silk and Satin, Rico’s, by crude sign language and gestures. Somehow the language of Shakey's Pizza and The Grizzly Bear in Beaverton. Art has met music made it work. Her funniest bit was when she had to do a some interesting people performing on the piano over the years. performance in college but the stage hand forgot to lock the He tells of the time Ernest Borgnine came into one in 1967 and piano wheels. Laura sat down to play and found the piano kept gave him a $20 tip. Big money in those days. He ended up sit- moving slowly away. Unfortunately, her bench was not on ting and talking with the actor for over an hour. Art’s done wheels and Laura had to keep scooting it forward, all while not piano bars all over town. His last paying job was at Skamania missing a note. Now that’s the mark of a true performer. Alas, Lodge working the keys for the Sunday brunch crowd back in Laura has no current musical project on the horizon. Her last the late 90’s. He’s done weddings, churches and even played a project was recording a disc of Christmas music for family and talent show while serving in the Army National Guard. Art loves friends. But who knows, wander into a jazz bar in Portland to play ragtime. His favorite song is “Maple Leaf Rag”. He was some night and you might just find her on the piano. even kicked out of a church once for playing it. If Art could make a living playing piano he says he’d do it in a heartbeat. Our last featured artist is Vancouver personal injury lawyer Art There is just nothing like the magic of performing. Art is very Miller. A guy Judge Zimmerman rightly swears can play the generous with his time and plays at benefits for non profits on a piano behind his back. Art now has 6 pianos. And these things regular basis. His next performance will be at our own Dragon- aren’t exactly portable. Art took lessons at age 8 but didn’t like fly Cafe across from the courthouse on December 8th at 4:30 the drudgery of learning the fundamentals so he quit around age when he plays a Christmas benefit for veterans.

22 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 7 Three Who Can Really Tickle HEARSAY PROFILE

Things with Their Fingers KURT RYLANDER

6 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 23 The Clark County Bar Association Presents: Attorney Michael Simon Condo and Homeowner’s Associations

24 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 5 LAW LIBRARY NEWS NEWS YOU CAN USE

MARIA SOSNOWSKI LISA DARCO Law Librarian CCBA Office Manager

4 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 25 PRESIDENT’S MESSAGE UPCOMING EVENTS JOHN FAIRGRIEVE CCBA President

26 CLARK COUNTY BAR ASSOCIATION HEARSAY - DECEMBER 2011 3 THIS MONTH’S ISSUE 2011/2012 CCBA OFFICERS & TRUSTEES President’s Message ...... 3 Family Law Section Meeting ...... 17 CCBA General Meeting and Lunch...... 4 Nuts and Bolts: Trial Skills Series ...... 18 Three Who Can Really Tickle Things with Their Fingers...... 6 Nuts & Bolts CLE Schedule ...... 20 Workers’ Compensation CLE...... 8 Double Hearsay ...... 21 PRESIDENT IMMEDIATE PAST PRESIDENT VLP REPRESENTATIVE CCBA Announcements...... 10 Hearsay Profile: Kurt Rylander...... 23 John Fairgrieve Kurt Rylander David Gregerson Possible GAL CLE...... 10 Clark County Volunteer Lawyers’ Program ...... 24 (360) 397-2261 (360) 750-9931 (360) 906-1164 Court Rules Corrections...... 10 Law Library News...... 25 [email protected] [email protected] [email protected] Hearsay Heresy ...... 12 Attorney Bookkeeping Tips ...... 25 Inns of Court...... 13 News You Can Use...... 25 VICE-PRESIDENT TRUSTEE OFFICE MANAGER Trial Skills: Jury Selection CLE...... 14 Legally Drawn...... 25 Suzan Clark Jane Clark Lisa Darco CCBA Board Meeting Minutes ...... 15 SW Washington Lawyer Referral Service ...... 26 (360) 735-9434 (360) 859-3823 (360) 695-5975 Superior Court Bench/Bar Meeting Minutes ...... 16 Events Calendar ...... 26 [email protected] [email protected] [email protected]

This year lawyers, firms, and vendors have the great opportunity to Sponsor the Barristers’ Ball. PLATINUM SPONSORS ($400) WILL RECEIVE: · A table at the ball on which to put literature and information · Ability to hang a banner at the ball. · Recognition in the program, as well as · Recognition by the Master of Ceremonies. Highly experienced–full-time neutral since 1992 GOLD SPONSORS ($300) SHALL RECEIVE: · Ability to hang a banner at the ball. Business & commercial; personal injury; · Recognition in the program, as well as employment; real estate & construction · Recognition by the Master of Ceremonies. Listed for Mediation in SILVER SPONSORS ($200) SHALL RECEIVE: The Best Lawyers in America ® · Recognition in the program, as well as · Member, Oregon and Washington Bars Recognition by the Master of Ceremonies. 503-284-2511 Additionally, all Sponsors shall receive one (1) month’s ad space Fax 503-284-2519 in The Hearsay recognizing their Sponsorship. [email protected] www.spier-mediate.com This is a great opportunity to be recognized and get your name spread bar wide to those

2536 N.E. 28th Avenue Portland, Oregon 97212-4916 attorneys most active in the local bar. Contact Lisa Darco at (360) 695-5975 No charge for travel time or travel expense in Oregon and Washington or [email protected] to find out more. CLARK COUNTY BAR ASSOCIATION PRSRT STD U.S. POSTAGE 500 W. 8th Street, Suite 65 PAID Vancouver, WA 98660 VANCOUVER, WA PERMIT NO. 620

ccbawashington.org DECEMBER 2011

OFFICIAL NEWSLETTER OF THE CLARK COUNTY BAR ASSOCIATION CCBA’s Got More Talent!

page 6

Advertise in HEARSAY Does your business cater to the legal industry? page 14 Get targeted exposure to CCBA members and associates! Reserve your ad space today! Call Lisa @ 695-5975