September 2011
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September 2011 Lawyers associated for justice, service, professionalism, Multnomah education and leadership for our members and our community September 2011 Volume 57, Number 8 Est. 1906 Lawyer I also was lucky enough to “second chair” several trials with senior Preserving partners, but the jury cases I tried by myself are the ones I remember. The second reason for fewer jury trials now is the increasing use of mba CLE the Legacy mediation in civil cases. When I was starting out, lawyers negotiated To register for a CLE, please see directly with each other. If they could not agree on the settlement the inserts in this issue or go to value of a case, the jury set the value. Now, virtually every case seems www.mbabar.org. of King to be mediated. This may be good for clients, but it has reduced the number of cases decided by juries. SEPTEMBER Henry II I have had some lawyers ask “What is the big deal about fewer jury trials?” I have two responses. First, settlement negotiations 9.20 Tuesday by Steve Blackhurst should be based upon an evaluation of the likely outcome if the case Fraud Detection and Prevention MBA President is tried to a jury, taking into account the costs of trying the case. If Elise Bouneff fewer and fewer cases are tried, clients are deprived of the lawyers’ Bill Douglas My wife and I recently returned skill in evaluating the likely outcome of a jury trial. Second, and more Katherine Heekin from a vacation in southwestern importantly for this column, trying cases to a jury is fun! If you are a England. We strolled in the footsteps of Sir Walter Raleigh and litigator there are few experiences as demanding and exhilarating as 9.28 Wednesday drank in the same pubs as Sir Francis Drake. We visited King trying a case to a jury. Pleadings, motions, discovery and settlement Legislative Update Arthur’s birthplace at Tintagel and his grave site at Glastonbury. We negotiations are all work - trying a case to a jury is the reward you get Chris Garrett tried crumpets, clotted cream and Cornish pasties. We even tried a for doing all of that work. Shawn Lindsay “Crunchee,” an English candy bar. Before we travelled to England, I took a course in medieval Expediting Civil Jury Trials OCTOBER English history, read some historical fiction, and re-watched Peter All of this leads me to Multnomah County’s pilot program of offering O’Toole play King Henry II in both Becket and The Lion in Winter. I an expedited track for civil jury trials. Parties can voluntarily agree to 10.4 Tuesday learned or re-learned that Henry II is the How to Manage a Small Law Firm “...Henry II is the limit discovery, avoid mandatory arbitration and get their case tried king credited with introducing jury trials within four months to a six-person jury. What a great opportunity for RJon Robins king credited with in England, replacing trials by combat young lawyers to get experience trying cases to juries. introducing jury and trials by ordeal. I also re-learned that I encourage everyone to look for ways to take advantage of this 10.5 Wednesday trials in England....” it was Henry’s youngest son John who program. It gives less experienced lawyers an opportunity to develop Preservation of Errors for Appeal reluctantly confirmed the right to a jury and enhance their advocacy skills and develop parameters for settling Michael Garone trial when he signed the Magna Carta in 1215. cases. And, even if time has to be written off or billing rates reduced Keith Garza Before this vacation, I had not thought much about the history to do so, it provides my generation of lawyers a way to give younger Cody Hoesly of jury trials and did not remember that the practice of having juries lawyers the same opportunities that were given to us. The expedited Sara Kobak decide disputes is now more than 800 years old. I am aware that today civil trial is one way that the next generation of lawyers will be able to fewer and fewer disputes are decided by juries and that different groups preserve the legacy of King Henry II, making the right to a jury trial 10.25 Tuesday have conducted studies to try to determine the reasons for this trend. more than a hollow promise. Give it a try. Financial Statement Review A couple of years ago a committee appointed by Presiding Judge and Accounting Issues Maurer issued a report, “The Vanishing Civil Jury Trial in Multnomah Sang Ahn County.” In addition to showing statistically that fewer cases were being Peter Kwong tried by juries, the committee identified several factors influencing this trend. I am not sure that I agree with all the reasons expressed by some 10.27 Thursday lawyers as reasons for fewer jury trials. Some said that fewer cases are Enforcing Oregon’s Trust Deed tried in Multnomah County because of a lack of certainty as to when mba FOUNDATION Act: Nonjudicial Foreclosure the case will actually go to trial. This has not been my experience. Cases from the Lender’s Perspective are far more likely to be tried on the date set in Multnomah County Pilar French than in several other counties in Oregon. MBF Social Celebrates Cody Hoesly Donors and CourtCare Primary Causes for Fewer Civil Jury Trials NOVEMBER In my view, there are two primary causes for fewer civil jury trials. October 6, 5-6:30 p.m. The first is mandatory arbitration of cases where $50,000 or less is at 11.1 Tuesday stake. When I was a young lawyer I tried several cases to juries that Markowitz Herbold Glade & Mehlhaf Clark County Presiding Court involved relatively small amounts of money. If a case involved more 1211 SW Fifth Avenue, Suite 3000 Update than $10,000 and there was diversity jurisdiction, I would file the Judge Richard Melnick case in federal court or remove it there. These cases almost always Don Jacobs took one day to try. I never remember a federal judge or magistrate suggesting that any of my cases was too insignificant to be tried in Join us for an evening of socializing as the MBF 11.10 Thursday federal court. thanks its generous donors and celebrates E-Discovery: The 200-Level CourtCare’s 10th anniversary. The social offers Course a sneak peek at the foundation’s new civics Elleanor Chin education video series and introduces some of Blerina Kotori MULTNOMAH BAR ASSOCIATION this year’s grantees and their programs. PRSRT STD In This Issue 620 SW FIFTH AVE., SUITE 1220 U.S. POSTAGE Calendar........................................... 3 PORTLAND, OREGON 97204 RSVP by September 30 to PAID Pamela Hubbs at 503.222.3275 Announcements ............................... 4 Ethics Focus ..................................... 4 or [email protected]. PORTLAND, OR Around the Bar ................................. 7 Tips from the Bench ......................... 8 PERMIT NO. 00082 MBA Committees .............................. 8 In Memoriam: Betty Roberts ............. 9 The 3 “Rs” ........................................ 9 Legislative Update ............................ 9 YLS .................................................10 YLS Committees ..............................10 Mentor of the Year ........................... 11 Classifieds ......................................14 Multnomah Bar Foundation .............16 . Multnomah Bar Association 620 SW 5th Ave Suite 1220 Portland, Oregon 97204 503.222.3275 Fax 503.243.1881 www.mbabar.org 1 Multnomah Lawyer MBA Board of Directors Wilson Dispute Resolu�on Wilson Dispute Resolution Media�on and Arbitra�on President Mediation and Arbitration Steven K. Blackhurst CHAMBERLAIN Secretary Mediation Arbitration (503) 972-5090 (503) 972-5090 Bonnie Richardson [email protected] [email protected] Treasurer ♦ a proven problem solver Julia M. Hagan Resume at www.wilsonadr.com Resume at www.wilsonadr.com O.M. (Met) Wilson O.M. (Met) Wilson Past President ♦ trial & appellate experience Sarah J. Crooks Directors ♦ competitive rates #1 - Font: Calibri #2 - Font: Book Antiqua Nicholas A. Kampars ♦ available statewide YLS President INTELLECTUAL PROPERTY ♦ Keith M. Garza [email protected] LEGAL SERVICES Susan D. Marmaduke ♦ 503.380.5730 Carol J. Bernick SINCE 1941 Gregory T. Moawad Wilson Dispute Resolution Wilson Dispute Resolution Martha J. Hodgkinson Mediation and Arbitration Mediation and Arbitration Samuel C. Kauffman Sheila H. Potter (503) 972-5090 (503) 972-5090 Knoll & Rhodes Mediation Richard J. Vangelisti [email protected] [email protected] Cedric R. Brown Helen M. Hierschbiel An Environment Resume at www.wilsonadr.com Resume at www.wilsonadr.com Christopher J. Kayser Suited To O.M. (Met) Wilson O.M. (Met) Wilson Dana L. Sullivan Settlement. WWW. KLARQUIST. COM #4 - Font: Adobe Garamond Pro Executive Director #3 - Font: Franklin Gothic Judy A.C. Edwards Mediation & Arbitration Associate Executive Director Guy Walden • Experience • Integrity Director, Events and Programs Kathy Modie • Solutions Executive Assistant and Communications James L.Knoll, P.C. Administrator ATTORNEY AT LAW Carol Hawkins [email protected] [email protected] Office and Membership Ronald E. Rhodes, P.C. Fax: 503-210-7688 Administrator A TTORNEY AT LAW P.O. Box 13365, Portland, OR 97213 Ryan Mosier [email protected] Office and Foundation Administrator 503.222.9000 • 1500 SW Taylor St. • Portland, OR 97205 Criminal Appeals Pamela Hubbs MBF Board of Directors Andy Simrin President Attorney at Law Peter H. Glade 30 Years Experience as 503.265.8940 www.OregonAppeals.net Vice President a Trial Judge in Edwin A. Harnden Secretary/Treasurer Multnomah County Loree A. Devery •18 YEARS APPELLATE EXPERIENCE Past President More than 1,000 trials •over 140 published appellate opinions Thomas C. Sand and three decades of •16 supreme court opinions •Co-author post-conviction proceedings Judicial Settlement Directors Conferences 405 NW 18th Ave • Portland, Oregon 97209 Hon. Julie E. Frantz Christine L. Hein DEDICATED TO EFFECTIVE Cashauna M. Hill DISPUTE RESOLUTION Leslie Nori Kay Sarah J.