Montana State Bar of Montana LawyerJune/July 2015 | Vol. 40, No. 8 Legislative Update How bills from the 2015 Montana Legislative Session will impact civil law practice Plus: Wrap-up of State Bar’s lobbying efforts at session Also in this edition: > Embracing Technology: State Bar discusses competency issue at long-range planning meeting > Leslie Halligan selected to replace Hon. Ed McLean as state District Court Judge in Missoula > New Veterans’ Law Section approved by State Bar Board of Trustees > Gaps and Barriers: American Indians, Native Americans face unique obstacles to justice > Domestic Violence: Immigrant spouses often face new threat, fear of deportation > Attorney, former PSC chair Bill Gallagher dies of pancreatic cancer at age 55 > Alcohol laws in Montana: Distilleries industry has had a resurgence in recent years Montana Lawyer 1 The official magazine of the State Bar of Montana published every month except January and July by the State Bar of Montana, 7 W. Sixth Ave., Suite 2B, P.O. Box 577, Helena MT 59624. (406) 442-7660; Fax (406) 442-7763. INDEX E-mail: [email protected] State Bar Officers June/July 2015 President Mark D. Parker, Billings President-Elect Matthew Thiel, Missoula Feature Stories Secretary-Treasurer Civil Law: Legislative Session update ....................................................8 Bruce M. Spencer, Helena Immediate Past President Gaps and Barriers: Indians and Alaska Natives ............................... 12 Randall Snyder, Bigfork Embracing Technology: Bar Weighs Competence Issue ............ 16 Chair of the Board Leslie Halligan, Missoula Internet of Everything Raises Privacy Concerns ............................. 18 Board of Trustees Lessons You Didn’t Learn in Law School .......................................... 20 Marybeth Sampsel, Kalispell Elizabeth Brennan, Missoula Leslie Shoquist, Missoula Domestic Violence: Immigrant Spouses ........................................... 24 Tammy Wyatt-Shaw, Missoula Ellen Donohue, Anaconda Alcohol Laws in Montana: Distilleries ................................................ 26 Jason Holden, Great Falls Shari Gianarelli, Conrad Kent Sipe, Roundup Luke Berger, Helena Regular Features Kate Ellis, Helena J. Stuart Segrest, Helena Member News ...........................................................................................4-5 Jane Mersen, Bozeman Lynda White, Bozeman Court orders ...................................................................................................4 Juli Pierce, Billings Ross McLinden, Billings State Bar News ...........................................................................................6-7 Eric Nord, Billings CLE .................................................................................................................. 23 ABA Delegates Obituaries ..................................................................................................... 28 Damon L. Gannett, Billings Shane Vannatta, Missoula Job Postings/Classifieds ....................................................................29-31 Montana Lawyer Staff Publisher | Christopher L. Manos Editor | Joe Menden (406) 447-2200; fax: 442-7763 e-mail: [email protected] Subscriptions are a benefit of State Bar membership. Advertising rates are available upon request. Statements and expressions of opinion appearing herein are those of the advertisers or authors and do not neces- sarily reflect the views of the State Bar of Montana. Postmaster: Send address changes to Montana Lawyer, P.O. Box 577, Helena MT 59624. Page 2 June/July 2015 President’s Message | President Mark D. Parker Suggestions for summer reading (if you must read this summer) ime for the “Summer Reading Suggestions.” in a camper and I was a faux ranch hand. Again, I read That is what publications do this time of year. everything I could get my hands on, which consisted of Thought I would take a stab at it. Montana’s the menu at the Winifred Bar; the blinking Great Falls premier attorney and raconteur Bruce Lee Select beer neon at the Down Below Bar; and a copy of would urge a volume of W. Somerset Maugham Hemingway’s The Nick Adams Stories. Not much. But, I Tstories, thus I make that note here. suffered through this spat of illiteracy, not much the worse My advice, don’t read a thing. Reading is a winter for wear. sport. If you need to read, read the mayfly hatch, the Sometimes, I have been hostile to summer reading. clouds in the West, the mood of your dog, or the facial Driving up the Beartooth Highway; up Highway One in suggestions of intimacy from a spouse or — not necessar- California; or over the Going to the Sun Highway with the ily significant — other. whole family reading, usually Harry Potter. LOOK KIDS!!! Growing up, some summers I read everything I got Yeah, dad, we saw it. my hands on. It wasn’t much. One summer, I read three But, you’ve paid your dues, you deserve a reading list. tattered USGS maps; the instructions on the back of a I cannot craft much of a fiction reading list. I don’t read Krusteaz pancake mix (only add water); much fiction. My neighbor, fellow Montana and a Playboy I smuggled into a center lawyer, Carrie LaSeur, just published “The pack so it would not have any chance of My advice: Don’t Home Place” set in Billings, Hardin and being found when Dad worked to balance read a thing. Reading Nye, Montana. I need to give it a plug. I the panniers. When I say “smuggled,” I is a winter“ sport. ... But tried to keep up with John Grisham and mean all the stealth of an eighth-grader if you are a lawyer, his lawyer- and law-themed novels, but who for some reason convinced himself especially in your first they sort of fizzled out for me. I am about that his dad had not been 13 years old 10 years, I have a few 1,300 volumes behind. Anything by Ivan at any time. I spent the summer in the recommendations. Doig will fit in just fine, especially now that Beartooths wrangling fish, dudes, donkeys, we mourn his April 9 death. Mark Twain I relatives, mosquitoes and arm loads of have trouble with because he is such a good firewood. There was one choice of booze writer I find his skills a bit intimidating. in camp – Early Times. My dad had fashioned a way to Melville, Tolstoy, Shakespeare and Joyce are not summer pack a small wooden keg, filled with the Demon drink, stuff, and also too hard for me even in the winter. on a center back into the Beartooths. During one week,” If you are a lawyer, especially in your first 10 years, we entertained a group of executives from the East Coast. given that I promised a reading list, here is what I recom- When the fish were caught, cleaned and consumed, the mend. Numerous great lawyers have written great first dishes done, the sun set, it was “Times” time. I sat outside books on lawyers. I say “first books” because universally the flame’s light, anonymous, and listened. Occasionally their first books are their best. They go downhill fast. a gracious guest would summon a fresh one from the Here is my list of a few. keg, and I would season my fruit cocktail cup with a bit 1. “Gunning for Justice” – Gerry Spence of brew. But, mostly I listened. I learned more about psy- 2. “My Life in Court” – Louis Nizer chology, business and the human condition by listening 3. “The Defense Never Rests” – F. Lee Bailey and to these fellows discuss life than I could have from any Harvey Aronson book. About day two or three in any hunting or fishing 4. “Black’s Law” – Roy Black camp, the pretenses erode, and the truth bubbles up. The 5. “The Best Defense” – Alan M. Dershowitz silly veneers vanish and the humanity which these men 6. Our friend Robert Bennett’s book – “In the Ring: were so eager to mask, once exposed, revealed them as far The Trials of a Washington Lawyer” deeper, more thoughtful, textured and humane than they 7. “The Lazy B: Growing up on a Cattle Ranch in the ever would have revealed anywhere else. If I would have American Southwest” – Justice Sandra Day O’Connor had a reading list, I would have missed all this. 8. “Thurgood Marshall: American Revolutionary” – I spent my summer before law school near Winifred Juan Williams on Whiskey Ridge near Dog Creek. My dad and I lived — Mark D. Parker www.montanabar.org Page 3 Member and Montana News Retired Helena attorney publishes memoir School in 1979. He has lived in Helena since that time, where he worked as an attorney for the state for over 30 years. He has Attorney Lyle Manley, of Helena, has written a memoir, retired from the active practice of law and spends his time writ- “Adventures of a Misfit.” ing, serving on a number of volunteer boards, home brewing The book, published by Sweetgrass Books, is 477 pages and and caring for an elderly mother. His wife, Anna Miller, works retails for $24. It is available at local bookstores, amazon.com for the state in Helena. and barnesandnoble.com and also by contacting Manley at Keogh joins Worden Thane as associate [email protected]. Manley was born in Worden Thane P.C. has announced that Ross Keogh has Bozeman, when his parents joined the firm as a new associate. Ross graduated with honors were living on a farm near from the University of Montana School of Law in Pony. Shortly thereafter, the 2014. family moved to Long Beach, While in law school, Keogh was a member Calif., where the memoir begins. and editor of the Public Lands and Resources Law The early portion of the book Review and Jessup Moot Court Team. He was also describes some hard lessons selected as the recipient of the Margery Hunter learned due to the author’s ex- Keogh Brown Assistantship to analyze structures to facili- perimentation with graffiti and tate tribal ownership of renewable energy. other performance arts. In June Keogh has a master’s in economics from the University of of 1959, the family returned to Montana, and a Bachelor of Arts from Vassar College. His its roots in Pony, where they practice focuses on issues of corporate formation, natural re- spent a largely idyllic sum- sources, business planning and succession, and tax law.