Montana State Bar of Montana LawyerOctober 2014 | Vol. 40, No. 1 HIGH-STAKES CASE Annual Meeting features high court arguments on $52M verdict Also in this edition: > Coverage of Access to Justice issues for National Pro Bono Week PRO BONO of the State Bar of Montana • Profiles of winners of the Neil Haight Pro Bono Award and WEEK OCT. 1925 the Karla M. Gray Equal Justice Award • Thank your from Montana Legal Services Association to pro bono attorneys • Profiles of several Montana Access to Justice organizations 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 October 2014 President Mark D. Parker, Billings President-Elect Matthew Thiel, Missoula Feature Stories Secretary-Treasurer Evidence Corner: Mental Health Provider Priveleges .....................8 Bruce M. Spencer, Helena Immediate Past President State Bar Annual Meeting Coverage .................................................. 14 Randall Snyder, Bigfork Neil Haight Pro Bono Award: Pam Poon ........................................... 18 Chair of the Board Leslie Halligan, Missoula Karla M. Gray Equal Justice Award: Mike McGrath ........................ 19 Board of Trustees More National Pro Bono Week coverage ....................................20-21 Marybeth Sampsel, Kalispell Elizabeth Brennan, Missoula Leslie Shoquist, Missoula Tammy Wyatt-Shaw, Missoula Ellen Donohue, Anaconda Jason Holden, Great Falls Shari Gianarelli, Conrad Regular Features Kent Sipe, Roundup Luke Berger, Helena Member News ...............................................................................................4 Kate Ellis, Helena J. Stuart Segrest, Helena Court orders ...................................................................................................6 Jane Mersen, Bozeman Lynda White, Bozeman CLE .....................................................................................................................7 Juli Pierce, Billings Ross McLinden, Billings State Bar News ............................................................................................ 13 Monique Voigt, Billings Job Postings/Classifieds ....................................................................30-31 ABA Delegates Damon L. Gannett, Billings Shane Vannatta, Missoula Montana Lawyer Staff Publisher | Christopher L. Manos Editor | Joe Menden (406) 447-2200; fax: 442-7763 e-mail: [email protected] From the cover Subscriptions are a benefit of State Bar membership. One of the highlights of the State Bar of Montana’s 40th Annual Meeting in Big Sky Sept. 25-26 was the oral arguments before Advertising rates are available upon the Montana Supreme Court in Masters Group International v. request. Statements and expressions of opinion appearing herein are those of the Comerica Bank. After the oral arguments, Supreme Court justices advertisers or authors and do not neces- spoke to students from Bozeman High and Lone Peak High in Big sarily reflect the views of the State Bar of Sky to explain how the process works. See story on page 14. Montana. Postmaster: Send address changes to Montana Lawyer, P.O. Box 577, Helena MT 59624. Page 2 October 2014 President’s Message | President Mark D. Parker State Bar will keep battles to a minimum in Legislature One point to make here today: Dissent is invited, even The State Bar of Montana is an arm of the judiciary. The encouraged. The State Bar of Montana, as do all bar associa- Montana Supreme Court created us, and it can uncreate us. tions, has a stated mission. These various mission statements Each branch of the three branches of government must be are vague, and mostly unhelpful. Imaginative bar officers could respectful of the other two, but history proves that each branch use these uncertain directives to justify hijacking the voice of needs to jealously guard against encroachments from either of the bar to champion almost any good cause, or even bad cause. the other two. These are facts of life. When the Legislature is meeting, there are scores of chances to Being part of the judiciary, I do believe that the State Bar can speak up on legislation. legitimately flex its muscles, of which we have but a few, and And, it’s tempting. If unrestrained, I would campaign over its vocal cords which we have plenty, in some instances. When the next year to rid the state of wolves, nonnative trout and “lite there are encroachments on the judicial function, I see no other beer.” I would campaign for big game draw- governmental body suited to fit the role of ing preferences for bar officers, moving the jealous guardian of judicial turf. renamed Grizzly/Bobcat game back to Butte, Thus, the State Bar will probably weigh and promise a free-range, Hutterite-raised Being part of the in on few matters of social policy in the chicken in every pot. judiciary, I do believe next legislative session and beyond. I These temptations must be resisted. that the State Bar can doubt we will get into many battles, or Here is why. Being a bar officer gives me a legitimately flex its support every good cause. The judicial turf chance to listen to bar officers from other muscles, of which we can be encroached upon in a variety of places. Recently, I have heard the lament of have but a few, and its ways. Starvation is the most efficient. The a handful. I will not reveal specific matters, vocal cords, which we Montana Supreme Court cannot tax. Some which they might have assumed would be have plenty, in some encroachments are innocent trespasses by kept confidential. But bar associations in instances. When those those who can be reminded that the bound- many states have been besieged by legis- encroachments are on ary is not clearly fenced. We sometimes lative attacks; judicial emasculation and the judicial function, see the efficient and timely administra- membership revolts. The assaults have I see no other govern- tion of justice hindered by well-meaning largely been very effective in either injur- mental body suited to legislation that tangles things up more than ing the bar associations or at least creat- fit the role of jealous necessary. We have seen this in family law, ing distractions from their more core and guardian of judicial in my view. traditional missions. turf. ... Guarding the turf Guarding the turf will be enough work, In each instance, the antagonists were will be enough work, especially combined with our other duties. mobilized because the bar decided to take especially combined We lawyers, in one way or the other, pass the lead, or be near the lead on some contro- with our other duties. on who gets in the bar; who stays in the bar; versial social issue. and what it takes to make sure one keeps They should have been more careful. up with legal learning. We also assist law- We are a group of lawyers. Not many of us yers in need through the Lawyer Assistance lack the resources to speak on matters of public importance, Program and even dig into our own pockets when a lawyer individually or collectively. Moreover, we are an integrated bar. steals. Our plate is quite full. There is no path out of the State Bar of Montana other than giv- I have already been asked whether the State Bar will take ing up one’s license. We need to be careful when we weigh in on the lead on a few specific issues. The answer has been “No.” any matter of public policy. We end up speaking for conscripts. We have work enough to do making sure we protect our It’s tough to stand by and watch a bison calf get swallowed by own house, and keep it in order enough so that it is worth the Lamar River, but to some extent the bar needs to let nature, protecting. no matter how unpleasant, take its course on a wide variety of issues. Mark D. Parker www.montanabar.org Page 3 Member and Montana News Sullivan recognized by NCBP as president of the Fifth Judicial District Bar Association and served on the board for the Fifth Judicial District CASA (Court Great Falls attorney Joseph M. Sullivan, past president of the Appointed Special Advocates). His practice focuses on civil State Bar of Montana, was recently recognized for his out- defense litigation. standing service to the National Conference of Bar Presidents. Cole, a native Montanan from Great Falls, Sullivan served on the Conference’s Executive graduated with honors from the University of Council for the last three years as well as acting as Washington, Seattle, in 2010 with a Bachelor Chairperson of its Membership Committee and as of Arts in journalism and a Bachelor of Arts in a member of its Programming Committee. Italian language and culture. She earned her Juris The NCBP focuses on providing programming Doctorate from the University of Montana School for current and incoming Bar Presidents nation- Shaw of Law in 2013. During law school she worked as a Sullivan wide. These programs develop leadership skills summer intern for Brown Law Firm and Montana and help future bar leaders address legal needs of Legal Services Association. Following law school, their communities and states. Sullivan severed as a presenter she worked as a law clerk for the Hon. Mary Jane and discussion moderator for multiple programs over the last McCalla Knisely in Yellowstone County. During three years. this clerkship, she worked on a variety of civil Sullivan was president of the State Bar for 2010-11. claims from personal injury to products liability Cole issues. Christine’s practice with the Brown Law Firm is specialized in defense of personal injury, Akland joins Matrium Law Group property, and products liability claims. She also handles insur- ance coverage and first and third party insurance bad faith Of Counsel Attorney Kristine M. Akland has recently claims. joined Lili R. Panarella, Michael T. Wolfe and Janel F. Chin at Matrium Law Group. Matrium Law Group is a family law and estate planning MLSA adds two to staff law firm committed to providing excellent, practical and affordable legal counsel.