September 2013

Lawyers associated for justice, service, professionalism, Multnomah education and leadership for our members and our community

September 2013 Volume 59, Number 8 Est. 1906 Lawyer

NCSC Distinguish Service Award. Justice David Brewer presented the Our New award to Doug Bray at the MBA Annual Dinner last May. Judge Waller has been working with the circuit court judges mba CLE Courthouse is and county and state officials. She To register for a CLE, please see has been leading the process in The new building will be pages 3 and 4 or go to Coming communicating the operational a place in which those www.mbabar.org. requirements of the new courthouse. ... can focus solely on ... by Richard Vangelisti Most importantly she also has been seeking justice. SEPTEMBER MBA President a constant force in ensuring that the urgent need of a new courthouse continues to translate into 9.17 Tuesday recently noted that meaningful progress - on siting, financing options and construction. Meditation for Lawyers the current Multnomah County This recent progress is remarkable considering the last 45 years of Michael Dwyer Courthouse “would create one study. About 25 studies have been conducted on the courthouse since John Folawn huge, dusty pancake in event of an earthquake.” The courthouse is 1968. Some of these studies are maintained on the MBA website: http:// 9.18 Wednesday structurally dangerous and functionally obsolete. www.mbabar.org/Resources/MultnomahCountyCourtHouse.html. Legislative Update The more than 1,500 people who use the ...the 100-year- Over the years the MBA has played an important role in moving John Davis courthouse every day are at risk. Its outdated the issue forward through the leadership of its Board and Court old ... building is Shemia Fagan design often requires judges, court staff, probably being Liaison Committee. In 2011, the MBA formed the MBA Courthouse lawyers, parties, victims, jurors, witnesses and supported by Committee, and its first Chair was Sarah Crooks. 9.19 Thursday the visiting public - including schoolchildren some benign The MBA Courthouse Committee is charged with advancing iPad Apps & Tips - to share public hallways and elevators with invisible force. the ongoing efforts to build a new courthouse. It is tasked with Kelly Andersen criminal defendants. Many visitors to the a wide range of work from co-planning with other stakeholders 9.25 Wednesday courthouse are legally required to enter the building. to developing an education campaign to seeking appointment of Practicing in and I have taken the “courthouse tour” and witnessed the 100-year-old MBA members to other taskforces or groups working toward a new Washington: A Guide to the vintage construction. Much of the structural material is unreinforced, courthouse. and the building lacks seismic bracing. In my opinion, the building is If you would like to become involved in the work of creating Unwary probably being supported by some benign invisible force. a new courthouse, please contact Bob Calo, who is the MBA Kevin Coluccio Fortunately, the stakeholders in building a new and safe Courthouse Committee Chair for 2013-14. Mark Fucile courthouse have made significant progress. In July the Oregon The MBA is committed to supporting the final effort to build a Jim Gidley Legislature committed $15 million for the Multnomah County new courthouse. The new building will be a place in which those who Jeff Mutnick courthouse project. This bipartisan commitment was part of a larger enter its doors can focus solely on the human endeavor of seeking capital construction funding package for statewide needs in Senate justice. They will no longer have to worry about their personal safety. OCTOBER Bill 5506. The financial commitment will assist Multnomah County in acquiring the land and continuing the planning process. 10.8 Tuesday This progress is unprecedented in light of the historical Battle of the Lawyer Bands Preserving Your Case for Appeal arrangement that counties shall provide the courthouse while the A Charity Fundraiser for Multnomah Bar Jay Beattie state provides the judges and most support personnel. Helen Tompkins Although Multnomah County is some years away from starting Foundation Civic Education Fund construction on the new courthouse, this initial funding is yet 10.17 Thursday Thursday, October 3rd HIPAA Omnibus Rule another significant step. In June Multnomah County held an industry 7-9 p.m. forum to discuss a request for proposal for an owner’s representative. Compliance This representative will help Multnomah County with technical, Kennedy School, 5736 NE 33rd Ave., Portland Cindy Hahn financial and procurement planning. This work will be followed by Tatiana Perry land selection, financing options and then construction. Momentum Bands comprised of at least one Oregon lawyer will compete for 10.22 Tuesday continues to build toward replacing the 100-year-old courthouse. the title of “Best Oregon Lawyer Band.” Judges from the MBA Mediation is a Contact Sport In July, following the Oregon Legislature’s commitment, the legal community will decide the winner at the end of all the David Markowitz Multnomah County Commissioners voted unanimously to approve performances. Bring your family and friends and cheer for your Jane Paulson a contract with the National Center for State Courts (NCSC). The favorite band! Crowd applause is a part of the judging criteria. Richard Spier NCSC will provide the county with the center’s national expertise in Suggested donation: $10. courthouse planning, operations, programming and layout. 10.29 Tuesday One of these bands will be named Best Oregon Lawyer Band 2013! Commissioners Deborah Kafoury and Judy Shiprack have been An Innocent Abroad autoRepublic Bunny Lebowski and the Nihilists Folsom instrumental in leading Multnomah County’s effort to build the • • • Legal Lessons from Amanda Knox Habeas Corpse Hollowdog Kadish-Snyder Band courthouse. They have made the new courthouse a public-works • • Anne Bremner priority and forged a new partnership with the State of Oregon 10.30 Wednesday Thank you sponsors! to ensure that it becomes a reality. Multnomah County has a web Medicare: Why Should You page dedicated to the new courthouse: https://web.multco.us/ Miller Nash LLP Care? communications/multnomah-county-courthouse. Schwabe Williamson & Wyatt PC Tom D’Amore Presiding Judge Nan Waller and Court Administrator Doug Bray Day & Koch LLP Kelly Giampa also have been tireless in their efforts on moving the project forward. Lynetta St. Clair The efforts by Doug Bray were recognized in part by his receipt of the If you would like to add your name to the list of sponsors, contact Kathy at the MBA. The Over-the-Counter Jug Band Best Oregon Lawyer Band 2012 Multnomah Bar Association In This Issue PRSRT STD 620 SW Fifth AVE., Suite 1220 Calendar ������������������������������������������ 2 U.S. POSTAGE CLE Schedule...... 3 Portland, Oregon 97204 Announcements ������������������������������� 6 PAID mba EVENT Ethics Focus ������������������������������������� 7 PORTLAND, OR Around the Bar ��������������������������������� 8 MBA Committees �����������������������������10 PERMIT NO. 00082 Tips from the Bench ������������������������10 MBA Absolutely Social Profile: Judge Holmes Hehn ������������� 11 YLS �������������������������������������������������12 The Grape Escape Classifieds ��������������������������������������16 featuring Wine Tasting The Corner Office �����������������������������16 Pro Bono Thanks �����������������������������19 Thursday, October 24 Multnomah Bar Foundation ������������ 20 The University Club 5-7 p.m. Multnomah Bar Association 620 SW 5th Ave Suite 1220 Drop in after work and catch up with friends Portland, Oregon 97204 and colleagues. 503.222.3275 Fax 503.243.1881 Register at www.mbabar.org. www.mbabar.org

1 Multnomah Lawyer

MBA Board of 16th Annual MBA Golf Championship Directors to Benefit Legal Aid Calendar President The Reserve Vineyards and Golf Club To add your organization or firm’s annual events to the MBA online Richard J. Vangelisti Monday, September 23 calendar, contact Carol Hawkins, [email protected]. Secretary Dana L. Sullivan SEPTEMBER OCTOBER Treasurer Helen M. Hierschbiel 9.2 Monday 10.2 Wednesday Past President Labor Day Holiday MBF Social Gregory T. Moawad See p. 9 for details 9.7 Saturday Directors Pro Bono Pedal 10.3 Thursday Traci R. Ray See p. 13 for details Battle of the Lawyer Bands YLS President See p. 1 for details Cedric R. Brown 9.10 Tuesday Maya Crawford OAPABA Gala Dinner 10.4 Friday Eric L. Dahlin Visit oapaba.org for details YLS Wills for Heroes See p. 13 for details Akira Heshiki 9.11 Wednesday Christopher J. Kayser CEJ Party Under the Stars 10.5 Saturday Elizabeth C. Knight Play the beautiful North Course Major Sponsors Visit cej-oregon.org for details MBA Wine Crush Darcy M. Norville and help raise $20,000 for the adidas See p. 15 for details C. Robert Steringer Volunteer Lawyers Project (VLP) discover-e Legal, LLC 9.19 Thursday Elizabeth N. Wakefield at LASO. Early bird registration Martin, Bischoff,T empleton, SALC Taste for Justice 10.19 Saturday is $215 and ends September 9; Langslet & Hoffman LLP Visit www.salcgroup.org for OGALLA Annual Dinner Executive Director Guy Walden after September 9, $230. Entry Nike details Visit ogalla.org for details fee includes greens fees, cart, PLF Excess Program Director, Events and Programs range, door prizes, lunch, dinner Tonkon Torp LLP 9.20 Friday 10.21 Monday Kathy Modie and awards. Raffle and Mulligans Tsongas Litigation Consulting, Inc. FBA District of Oregon Science OSB Pro Bono Fair Executive Assistant benefit the VLP. & Technology Conference Visit mbabar.org for details and Communications Raffle Benefit Sponsors Visit oregonfba.org for details Administrator Premier Sponsors Bullard Smith Jernstedt Wilson 10.24 Thursday Carol Hawkins Dinner Sponsor - Barran Capital Reporting Company OWLS Workshop – Negotiating MBA Absolutely Social Office and Membership Liebman LLP Cavanaugh Levy Bilyeu Your Worth See p. 1 for details Administrator Klarquist Sparkman LLP Dunn Carney Allen Higgins & Visit oregonwomenlawyers.org Ryan Mosier Golf Ball Sponsor - Nationwide Tongue for details 10.25 Friday Office and Foundation Process Service HRCentral Corporation CEJ Laf-Off Administrator Schwabe, Williamson & Wyatt PC Jack Young Golf 9.23 Monday Visit cej-or.org for details Pamela Hubbs Lunch Sponsor & Hole in One Synergy Legal MBA Golf Championship MBF Board of Directors Sponsor - Staffing Solutions, NOVEMBER LLC For more 9.25 Wednesday President Stewart Consulting LLC information YLS Wine Tasting Social 11.2 Saturday Hon. Julie E. Frantz about See p.13 for details BOWLIO Vice President Affinity Sponsors sponsorship Timothy R. Volpert Visit osbar.org for details Bank of the Cascades opportunities 9.26-27 Thursday-Friday Secretary/Treasurer Thomas W. Brown The Bar Plan and to ACLU Civil Liberties Conference 11.19 Tuesday Legal Northwest register, visit Past President Visit aclu-or.org for details Bench Bar & Bagels Edwin A. Harnden NAEGELI Deposition and Trial mbabar.org or contact Pamela Visit mbabar.org for details Northwest Employee Benefits Hubbs at 503.222.3275 or Directors UPS [email protected]. Scott T. Downing Christine L. Hein School District, leading Leslie Nori Kay Democracy Cup Engages workshops and guiding Allyson S. Krueger student leaders at Bonnie Richardson Students in the Voting 14 high schools in Charles S. Tauman Multnomah County Bradley F. Tellam Process alone. Our inaugural season came to a The MULTNOMAH LAWYER is Funded by a Grant from the MBF close with Grant High published 11 times per year by the School taking home the Multnomah Bar Association, by Amanda Tripp Johansson Urban Division title 620 SW Fifth Ave. Ste. 1220, Bus Project Foundation with a whopping 234 Democracy Cup 2012 Urban Division Portland, OR 97204 winners from Grant High School help Last year, the City Club of registered new voters. 503.222.3275 Clackamas High School register voters during National Voter Portland report “Educating Registration Day Advertising is accepted; Citizens” found that our students took second place and advertisers(ments) are not David Douglas won necessarily endorsed by the MBA. The are not adequately prepared to be third place. Democracy Cup would like editor reserves the right to reject any engaged and responsible citizens. to extend its heartfelt thanks to advertisement. To help address this challenge, Our hands-on classroom the Multnomah Bar Foundation the Bus Project Foundation state and supporting leadership workshops help teachers DEADLINE for copy: The 10th of the month* fulfill their social science for your continued support as we DEADLINE for ads: The 12th of the month* launched the Democracy development experiences core standards and are led by expand our program in 2013. *or the preceding Friday, if on a Cup program, bringing the for both students and young volunteer Democracy Mentors, Whether you are a parent, weekend. democratic process to life in high professionals alike. an educator, or a rising leader, school classrooms around the The Democracy Cup - a who help translate the message NEWSLETTER STAFF CONTACTS voter registration and that every voice counts. After Democracy Cup has something Editor: Guy Walden for everyone. Our Mentors lead Copy & Classified Ads: Carol Hawkins civics engagement participating in a workshop, one Display Ads: Ryan Mosier competition - student remarked, “I really like classroom workshops and guide Design: Cyrano Marketing Solutions celebrated its first year the energy and how good the high school students in their explanations were. It makes me own leadership development. Copyright Multnomah Bar Association 2013 by reaching more than 11,000 high school want to get all our community Please visit DemocracyCup.org students across Oregon involved!” That’s exactly what to learn more about our work in 2012. We forged a Oregon students achieved last and consider applying to be a dynamic partnership year, collectively registering more Democracy Mentor. with Portland Public than 2,000 new voters.

Third Place winners of David Douglas High School gear up to get students involved in the competition

2 www.mbabar.org September 2013

Seminars are worth 2 OSB credits unless otherwise noted; 2 Washington MCLE credits may be obtained independently. Registrants who miss the seminar may request the written materials. Substitutions are welcome. CLE Registration fees are non-refundable. Meditation for Lawyers iPad Apps and Tips Preserving Your Case for the Courtroom, the Tuesday, September 17, 2013 for Appeal 3:00-5:00 p.m. Office and on the Road Tuesday, October 8, 2013 World Trade Center Thursday, September 19, 2013 3:00-5:00 p.m. Mezzanine Room 26 SW Salmon, Portland 3:00-5:00 p.m. World Trade Center Members $55 Mezzanine Room World Trade Center 26 SW Salmon, Portland Non-members $85 Mezzanine Room 26 SW Salmon, Portland Members $55 Non-members $85 Today, meditation and mindfulness training is no Members $55 longer a suspicious, touchy-feely subject. The scientific Non-members $85 and medical evidence for the benefits of mindfulness Helen Tompkins, Attorney at Law and Jay Beattie, practice continues to mount. Across the country The iPad has revolutionized the practice of law for Lindsay Hart LLP will explain what trial attorneys lawyers and judges are receiving mindfulness training those attorneys willing to discover its vast potential, need to do to properly preserve their cases for to improve mental acuity and combat the stresses not only for use in trial but also for improving appeal. Jay represents appellants in civil appeals in of a challenging profession. In 2008, the MBA was a productivity in the office, at home, and on the road. business, tort and insurance-based matters. Helen pioneer in this effort, offering a successful, daylong This two-hour presentation will explore numerous represents appellants in all types of civil appeals from program on mindfulness training for 140 lawyers and helpful apps and provide tips on how to use them subordinated debentures to products liability to civil judges. Since then many lawyers have participated most effectively, including how to use the Keynote procedure, medical malpractice and family law. They in weekly mindfulness practice and have learned to app for opening statements and final arguments, the have 50 years of shared experience – split evenly incorporate new mental skills into their law practice. iAnnotate app for studying documents, the TrialPad between them. Both work closely with trial attorneys Our speakers are Michael Dwyer of Dwyer Mediation app for presenting evidence in the courtroom, during litigation. Given the recent changes in de Center and John Folawn of Folawn Alterman & as well as how to use such apps as Errands, novo review and the hyper technical issues that are Richardson LLP. A panel of lawyers will speak about Dropbox, PDF Expert, Evernote, Pages, Notability, raised on appeal, it is crucial for litigation attorneys their meditation practice and experience and the Penultimate, UPad, Adobe Ideas, Maps, Google to know the ins and outs of preservation. impact on their professional lives. Earth, OmniGraffle, Teleprompt+, Air Sketch, Jot! For more information: In this seminar, you will learn: Whiteboard, and more. Call Daniel Margolin, Stephens Margolin PC at • What is Meditation? The simplicity of the iPad and of these apps now 503.546.6374. For registration questions, call the • Why Meditation is helpful to Lawyers make it possible for any attorney to organize and MBA at 503.222.3275. • Basic Instruction on Meditation present information in an electronic format with • How to Integrate Meditation into Your Law no additional costs. In addition, this presentation Practice and Daily Life will explore the emerging science of teaching (and HIPAA Omnibus Rule • The Medical and Scientific Support for Meditation. learning) by harnessing the power of digital images. Compliance This two-hour presentation will be led by attorney For more information: Kelly Andersen, who speaks on this topic regularly. Checklist for Law Firms and Other Call Michael Dwyer, Dwyer Mediation Center at Mr. Andersen has been practicing law in Oregon Entities that fall within the definition 503.241.9456. For registration questions, call the MBA since 1979, and was named as an Oregon Super at 503.222.3275. Lawyer in 2007, 2009 and 2010. He practices in of a Business Associate Medford.

For more information: Thursday, October 17, 2013 3:00-5:00 p.m. Legislative Update Call the MBA at 503.222.3275. World Trade Center Wednesday, September 18, 2013 Sky Bridge Room Practicing in Oregon and 26 SW Salmon, Portland 12:00-1:00 p.m. Members $55 Washington: A Guide to Non-members $85 World Trade Center Mezzanine Room the Unwary 26 SW Salmon, Portland HIPAA Omnibus Rule compliance deadline is Members $35 Wednesday, September 25, 2013 September 23, 2013. If you or any of your clients are Non-members $55 3:00-5:00 p.m. business associates, have you (they) done everything to be in compliance? This presentation will cover World Trade Center the definition of a business associate and when a Please join two lawyer legislators to learn about the Mezzanine Room law firm may fall within that definition. Provisions developments that took place during the Oregon 26 SW Salmon, Portland of the Omnibus Rule that affect business associates State Legislature’s 2013 session. This CLE will Members $55 will be discussed along with a checklist that business cover recent changes to civil laws that may affect Non-members $85 associates can use to confirm their compliance your practice or your clients’ interests. Panelists with the Omnibus Rule. The presentation will include two members of the Oregon House of also touch upon business associate agreements Representatives: John Davis, a business and real This two-hour CLE will offer tips, tricks and and provisions important for that document from estate attorney at McEwen Gisvold, and Shemia shortcuts that will summarize the significant the business associates’ perspective. Presented Fagan, a litigation attorney at Ater Wynne. differences in state and local rules for practicing by Cindy Hahn (CIPP/US), Privacy Officer for For more information: law in Washington and Oregon. Experienced Multnomah County, and Tatiana Perry (CIPP/US), Call Heidee Stoller, Ater Wynne at 503.226.8616. For litigators, Jeffrey Mutnick, Law Office of Jeffrey S. a partner at Tonkon Torp. Both Cindy and Tatiana registration questions, call the MBA at 503.222.3275. Mutnick; James Gidley, Perkins Coie LLP; Mark are Certified Information Privacy Professionals, Fucile, Fucile & Reising LLP and Kevin Coluccio, a credential which is earned by taking two exams Stritmatter Kessler et al will outline the local rules demonstrating a strong foundation in U.S. privacy in federal court and the two primary counties, King laws and regulations and understanding of the legal and Multnomah, discussing each court’s individual requirements for the responsible transfer of sensitive idiosyncrasies within their local rules. personal data to and from the United States, the CLE Class Registration on next page European Union and other jurisdictions. For more information: Call Jeffrey Mutnick, Law Office of Jeffrey S. Mutnick For more information: at 503.595.1033. For registration questions, call the Call Ryan Bledsoe, Tonkon Torp at 503.802.2120. For MBA at 503.222.3275. registration questions, call the MBA at 503.222.3275. 3 Multnomah Lawyer

Mediation is a Contact An Innocent Abroad Medicare: Why Should Sport - How to Get the Legal Lessons from You Care? Best Possible Result Amanda Knox Wednesday, October 30, 2013 for Your Client Tuesday, October 29, 2013 3:00-5:00 p.m. 3:00-5:00 p.m. Tuesday, October 22, 2013 World Trade Center 3:00-5:00 p.m. World Trade Center Mezzanine Room Mezzanine Room 26 SW Salmon, Portland World Trade Center 26 SW Salmon, Portland Members $55 Mezzanine Room Non-members $85 26 SW Salmon, Portland Members $55 Non-members $85 Members $55 Non-members $85 The MBA presents a two-hour program on Medicare Anne Bremner, the attorney for Amanda Knox’s and the Medicare Recovery Act. The attorney panelists family, will discuss lessons learned from Amanda will address a myriad of issues from the perspective of “Mediation is a Contact Sport.” So said the late Sid Knox’s four years in an Italian prison. Bremner, an both plaintiffs counsel and defense counsel. Lezak, former United States Attorney for the District experienced prosecutor and member of the American Any lawyer encountering Medicare issues - whether of Oregon, and godfather of mediation of civil cases College of Trial Lawyers, will evaluate the role the frequently or occasionally - should attend this in Oregon. By this, he meant that mediation between media had in Ms. Knox’s eventual release, legal rights program. Topics will include: represented parties, before lawyer-mediators, is not of Americans abroad, Amanda Knox’s trial counsel, a touchy-feely process seeking an objectively fair and the effect one misguided prosecutor can have on • What is Medicare and how does it affect my clients? resolution of disputes. This is not to say that mediators the outcome of a trial. • What is the SMART Act? don’t encourage consideration of the opponent’s • What is the process for addressing Medicare legitimate needs (legal, financial, and emotional) or For more information: concerns? that counsel should be disrespectful or insensitive Call Aukjen Ingraham, Cosgrave Vergeer Kester at • How do you “protect Medicare’s interest” when a to the other side. However, mediation is part of the 503.219.3837. For registration questions, call the case resolves? litigation process, not separate from it. Indeed, one MBA at 503.222.3275. Our speakers are Kelly Giampa, Hart Wagner LLP, of the best tactics in mediation is for counsel to make Tom D’Amore, D’Amore Law Group and Lynetta clear that he or she is ready, willing, and able to go to St. Clair, Hart Wagner LLP. Kelly’s practice focuses trial. Mediation is adversarial, and the preparation on medical malpractice and long-term care defense. and tactics of counsel can make a big difference in Tom served as 2010-11 President of the Oregon Trial the result. In this program, respected litigators Jane Lawyers Association (OTLA). His practice focuses on Paulson, Paulson Coletti and Dave Markowitz, representing plaintiffs in personal injury actions. Both Markowitz Herbold Glade & Mehlhaf and experienced webcheck To obtain MBA member rates for Kelly and Tom try cases involving Medicare issues on seminars and events, sign in as mediator Rich Spier, share leading edge ideas for a regular basis. Lynetta’s practice focuses on advising effective representation of clients in mediation. an MBA member first: http://mbabar.org/ insurance and corporate clients regarding Medicare For more information: Membership/Login.html compliance issues. Call Shannon Armstrong, Markowitz Herbold For more information: Glade & Mehlhaf at 503.295.3085. For registration Call Sim Rapoport of iBridge at 503.906.3933. For questions, call the MBA at 503.222.3275. registration questions, call the MBA at 503.222.3275.

Photocopy, complete and mail or fax the registration form with payment to the MBA to reserve your space. Or register online and receive a $5 discount. Self-study materials from past CLE classes may be downloaded at www.mbabar.org.

Seminar Selection: Registration Form Please select the seminar(s) you wish to attend. Written materials for each class are included with registration. Pre-registration with Receive a $5 Discount when registering online at www.mbabar.org. payment is required to reserve a space; at-the-door registrations are accepted if space is available; an additional $5 charge will apply.

9/17 Meditation for Lawyers Class Registration Online ($50 Members/$80 Non) o Class Registration ($55 Members/$85 Non) ...... $______NAME ACCOUNT NUMBER o CD-ROM & Written Materials ($55 Members/$85 Non) . $______9/18 Legislative Update Class Registration Online ($30 Members/$50 Non) FIRM EXPIRATION DATE AND SECURITY CODE o Class Registration ($35 Members/$55 Non) ...... $______o CD-ROM & Written Materials ($55 Members/$85 Non) . $______ADDRESS SIGNATURE 9/19 iPad Apps and Tips Class Registration Online ($50 Members/$80 Non) o Class Registration ($55 Members/$85 Non) ...... $______CITY STATE ZIP BILLING ADDRESS FOR CARD (if different) o CD-ROM & Written Materials ($55 Members/$85 Non) . $______9/25 Practicing in Oregon and Washington: A Guide to the Unwary PHONE Class Registration Online ($50 Members/$80 Non) o Class Registration ($55 Members/$85 Non) ...... $______o CD-ROM & Written Materials ($55 Members/$85 Non) . $______OSB# 10/8 Preserving Your Case for Appeal Class Registration Online ($50 Members/$80 Non) Member Status: Payment Options: o Class Registration ($55 Members/$85 Non) ...... $______o CD-ROM & Written Materials ($55 Members/$85 Non) . $______o MBA Member o Check o VISA o MasterCard 10/17 HIPAA Omnibus Rule Compliance o Non–Member o American Express Class Registration Online ($50 Members/$80 Non) o Class Registration ($55 Members/$85 Non) ...... $______o Registration forms with payment must be received in the MBA office by 3:00 p.m. the day before the seminar, CD-ROM & Written Materials ($55 Members/$85 Non) . $______or the “at the door” registration fee will apply (see fees for each class and fill in the blank on registration form). 10/22 Mediation is a Contact Sport Registration forms may be mailed or faxed to the address or number below. Accommodations available for Class Registration Online ($50 Members/$80 Non) o Class Registration ($55 Members/$85 Non) ...... $______persons with disabilities; please call in advance for arrangements. o CD-ROM & Written Materials ($55 Members/$85 Non) . $______10/29 An Innocent Abroad - Legal Lessons from Amanda Knox Photocopy registration and mail or fax with payment to: Class Registration Online ($50 Members/$80 Non) o Class Registration ($55 Members/$85 Non) ...... $______Multnomah Bar Association o CD-ROM & Written Materials ($55 Members/$85 Non) . $______620 SW Fifth Ave., Suite 1220 n Portland, OR 97204 10/30 Medicare: Why Should You Care? 503.222.3275 n Fax to: 503.243.1881 Class Registration Online ($50 Members/$80 Non) o Class Registration ($55 Members/$85 Non) ...... $______o Register online and order or download MBA self-study materials at www.mbabar.org. CD-ROM & Written Materials ($55 Members/$85 Non) . $______Reduced fees for unemployed members are available and are assessed on a case-by-case basis. For details, call the MBA at 503.222.3275. Total due ...... $______

4 www.mbabar.org September 2013

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“Both Judge Waller and Lisa Naito have worked tirelessly and A distinguished panel of effectively on behalf of individuals and families battling mental industry leaders and innovators mba announcements health issues,” said Smith. “NAMI Oregon has chosen very wisely in from Google, Intel, LegalForce, MBA Seeks Public Member for Judicial Screening Committee recognizing them for the positive and life-changing difference they Nike, OHSU, Popvox, and The MBA Judicial Screening Committee has a three-year term have made and continue to make.” Tradmarkia will address the vacancy for a public member. Public member criteria are below: More information about the dinner can be obtained at questions: Who aggregates data Public members must work or reside in Multnomah County and www.namior.org or by calling 503.230.8009. and why, and how can the hard- be at least 21 years of age. No person may serve as a public member working lawyer keep up? How who is (1) a lawyer or former lawyer in any jurisdiction, (2) employed OAPABA Gala Dinner September 10 can technology help speed the by a lawyer, (3) married to or a domestic partner of a lawyer, or This dinner at the Benson Hotel will honor Judge Lynn delivery of legal services when (4) the parent, child or sibling of a lawyer. Desirable qualities of public Nakamoto. The keynote speaker is the Hon. Ellen Rosenblum. courts and law enforcement are members include integrity, honesty, discretion, familiarity with the Cocktail hour begins at 6 p.m. and the dinner begins at 7 p.m. underfunded? When clients work legal system, and the ability to communicate effectively. More details are available at oapaba.org. in a high-tech industry, how do Interested parties will find a public member application on their expectations of the practice the News Section at mbabar.org. Completed applications may be FBA – Innovations in the Law: Science & Technology of law change? A dinner follows returned to Carol Hawkins, [email protected] or Guy Walden, A special District of Oregon Conference is scheduled Friday, the seminar. Visit [email protected]. September 20, 8:30 a.m.-5:30 p.m. at OMSI, presented by the Oregon www.oregonfba.org for details. Chapter of the Federal Bar Association, the Ninth Circuit Lawyer September is Open Enrollment Month for the MBA Health Plan Representatives and the U.S. District Court of Oregon. Those not currently enrolled in the MBA Health Plan can sign Law, science and technology, and market forces are all evolving at up this month, so now is a good time to compare your existing a rapid pace. From piles of emails and electronic discovery, to iPads plan to the MBA’s. While the MBA plan is not immune from the in the court rooms, to drones in the sky, each moment of a lawyer’s continued rise in premiums, MBA premium increases are below daily life contains a wealth of digital information. the national average and the plan remains competitive for many MBA members. You may review a summary of current rates at www.mbabar.org, or call Northwest Employee Benefits at 503.284.1331 with questions. Buy a Court Bond from The Bar Plan and help fund the Volunteer Lawyers Project

Party Under the Stars – Wednesday, September 11 Are you a young lawyer, law student, or new member of the legal community? The Campaign for Equal Justice Associates Committee and the MBA YLS invite you to the Party Under the Stars! This is a fun event with free pizza, beer and wine, held on Perkins Coie’s beautiful outdoor deck. You can enter to win fabulous raffle prizes. You will also learn more about Legal Aid’s work. Please plan to attend on September 11, from 5:30-7:30 p.m. RSVP at www.cej-oregon.org. A percentage of Court Bond fees are donated Ring in the Jewish New Year with Attorney General Ellen Rosenblum - Tuesday, September 24 to Legal Aid Services of Oregon. Solomon’s Legacy Committee of the Jewish Federation of Greater Portland invites you to ring in the Jewish New year with Attorney General Ellen Rosenblum from 5:30-7 p.m. at the Thirst Bistro on the Waterfront: 0315 SW Montgomery St. #340 Portland. Ellen has practiced law for 14 years, served as a federal prosecutor, & has 22 years of experience as a judge. Tickets: $15. To register, go to www.jewishportland.org/solomonslegacy.

Noon Time Rides Multnomah Bar Association noon time bicycle rides - short fast rides with hills. Meet at SW corner of Pioneer Courthouse Partnering with Square (Yamhill & Broadway) between Noon and 12:10 p.m., Monday and Thursday. Contact: Ray Thomas 503.228.5222 with questions, or meet at start.

Multnomah County Presiding Judge and Former Underwritten by Commissioner Receive Award Sen. Gordon and Sharon Smith will present Judge Nan Waller and former Multnomah County Commissioner Lisa Naito with the www.mba.onlinecourtbonds.com C4.AVD.78.0208.Furn.v5877.553.6376 Fax: 888.658.67612/21/08 1:42 PM Page 1 Gordon and Sharon Smith New Freedom Award at a dinner to be held at the Portland Downtown Waterfront Marriott on October 10. Created by National Alliance on Mental Illness (NAMI) Oregon in 2009 to honor the mental health advocacy efforts of formerU .S. Senator Gordon Smith and his wife Sharon, the New Freedom Award is presented annually and recognizes an individual or individuals for their leadership on mental health issues.

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unrepresented party does not a lawyer needs to take care not on behalf of another client. By Ethics Focus violate RPC 4.3. Opinion 2005- to leave the witness with the contrast, the local federal district 163 (at 451) captures the nub of impression that the lawyer is also court in Larmanger v. Kaiser the distinction: representing the witness - or a Foundation Health Plan, 805 “The mere suggestion of a … court might very well find that F Supp2d 1050 (D Or 2011), What Can You Say? compromise does not constitute to be the case later using the dismissed a conflict-based claim Talking with Unrepresented Persons giving advice to a person who Weidner test. by a corporate employee for is not represented. A … lawyer The danger of “inadvertently” breach of fiduciary duty against by Mark J. Fucile suggesting a … compromise, creating an attorney-client two law firm lawyers who had Fucile & Reising however, must be sensitive to relationship is that it may lead prepared the employee for her limitation is intended to prevent the distinction between making to disqualifying conflicts. In deposition on behalf of the firm’s lawyers from taking advantage the suggestion and advising … Admiral Insurance Company v. corporate client in an earlier of unrepresented persons whose about whether to accept the Mason, Bruce & Girard, Inc., matter. The District Court interests are adverse. OSB Formal compromise.” 2002 WL 31972159 (D Or 2002) concluded that the employee had Ethics Opinion 2005-16 offers (unpublished), for example, failed to demonstrate that she a pair of illustrations, one from Unrepresented Witnesses several conversations that a had an individual attorney-client the civil context and one from As Opinion 2005-16 illustrates, lawyer thought were informal relationship under the Weidner criminal practice. On the former, witnesses can fall into the strict with an officer of a closely- test with the corporate counsel. Opinion 2005-16 concludes that restriction most often reserved held corporation were deemed a lawyer for a party injured in for opposing pro se parties sufficient under the Weidner an automobile accident cannot under RPC 4.3 if the interests test to create an attorney- write the driver at fault and advise of the witness and those of client relationship between the the driver to instruct the driver’s the lawyer’s conflict. Even if corporation and the lawyer’s Lawyers frequently cross insurance carrier to accept a policy that’s not the case, RPC 4.3 firm. That, in turn, led to the professional paths with a limits demand. On the latter, still cautions that lawyers both firm’s disqualification when wide variety of unrepresented Opinion 2005-16 concludes that need to avoid misleading an it then sued the corporation persons. Sometimes, they a criminal defense lawyer cannot unrepresented person that the are opposing parties who are advise a witness who may share lawyer is disinterested and make “unrepresented” by counsel but culpability for the crime to assert “reasonable efforts” to correct RICHARD G. SPIER who are representing themselves the Fifth Amendment when called any misunderstanding the MEDIATOR pro se. Other times, they are before a grand jury. With both unrepresented person appears to potential occurrence witnesses illustrations, the key fact leading to have in this regard. who don’t have lawyers. Both the prohibition is that the lawyers A particularly sensitive area is categories are covered by RPC involved are giving advice to an to avoid “inadvertently” creating 4.3, which addresses dealing with unrepresented person whose an attorney-client relationship unrepresented persons (including interests are adverse. with an unrepresented person. pro se parties) and is patterned on At the same time, Comment The its ABA Model Rule counterpart. 2 to ABA Model Rule 4.3 also outlined the standard for In this column, we’ll examine notes that this limitation does determining whether an both sides of that same coin. not prevent a lawyer from attorney-client relationship has negotiating opposite a pro se, been formed in In re Weidner, Pro Se Opposing Parties 310 Or 757, 770, 801 P2d 828 preparing documents on behalf Highly experienced–full-time neutral since 1992 When dealing with pro se of the lawyer’s client that the pro (1990). The Supreme Court n opposing parties or other persons se signs (such as a settlement in Weidner articulated a two- Business & commercial; personal injury; professional whose interests the lawyer either agreement or a contract) or part test: (1) does the client liability; employment; real estate & construction knows or reasonably should know “explain[ing] … the lawyer’s subjectively believe the lawyer n conflict with the lawyer’s client (or view of the underlying legal is representing the client? and Listed for Mediation in The Best Lawyers in America ® the lawyer’s own interests), RPC obligations” as long as “the (2) is that subjective belief 4.3 is both specific and succinct: lawyer has explained that the objectively reasonable under 503-284-2511 Fax 503-284-2519 “[t]he lawyer shall not give legal lawyer represents an adverse the circumstances? Weidner advice to an unrepresented party and is not representing notes that neither payment of [email protected] www.spier-mediate.com 2536 N.E. 28th Avenue n Portland, Oregon 97212-4916 person, other than the advice to the person[.]” OSB Formal a fee nor a written retention For a free subscription to our monthly email newsletter, Rich Spier’s secure counsel[.]” Comment 2 to Ethics Opinion 2005-163, for agreement is necessary to form Mediation News and Notes, email your request to [email protected]. the corresponding ABA Model example, concludes that simply an attorney-client relationship. No charge for travel time or travel expense in Oregon and Washington Rule explains that this strict suggesting a settlement to an With an unrepresented witness, Cases are Won in Depositions. NAEGELI DEPOSITION AND TRIAL

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7 Multnomah Lawyer

corporate finance, securities, and investigations conducted by general corporate representation the US Department of Justice, Around the Bar of private and publicly held high the Environmental Protection technology and high-growth Agency and other regulatory companies. He chaired the enforcement agencies. Business Group from 2009-13.

Wayne D. Landsverk Partner Wayne D. Landsverk has been elected as a Fellow into the College of Labor and Employment Lawyers and Ben Cox Owen D. Blank elected to secretary and chair- Laura Maffei Ben Cox Tonkon Torp elect of the Labor Lawyers Nancy Erfle At its annual convention in Business attorney Owen D. Advisory Committee for CUE, August, the Oregon Trial Lawyers Blank has been elected to the Gordon & Rees Inc. Landsverk has been a lawyer Association presented Ben Cox board of the Oregon Jewish Nancy Erfle joined the firm as a for 39 years, helping clients in with its very first Outstanding Community Foundation (OJCF). partner in the Tort and Product all areas of employment and Young Lawyer award. The Blank, a partner, represents Liability Practice Group. She traditional labor law. award is given to a lawyer in family-held businesses, national brings 23 years of wide-ranging As a Fellow in the College of practice for five years or less and international corporations, state and federal product liability Labor and Employment Lawyers, who demonstrates professional nonprofit organizations and litigation experience to the firm. Landsverk receives a prestigious excellence in trial practice, service charitable foundations on a Erfle focuses her practice on distinction shared by some of to OTLA and the community, and variety of matters including defending pharmaceutical and the best and brightest labor and the advancement of legal ethics mergers and acquisitions, medical device manufacturers, employment lawyers throughout and professionalism. real estate and sports matters. automotive manufacturers, the U.S. and Canada. Fellows Jay Waldron Long active in the Portland agricultural chemical serve to promote achievement, community, Blank has served on manufacturers, aviation advancement, and excellence Schwabe Williamson & Wyatt the boards and advisory panels manufacturers, and companies in the practice of labor and Laura Maffei and Jay Waldron, of many local organizations. involved in business disputes. employment law. firm shareholders, received an The OJCF is dedicated She has served on national Miller Nash celebrated its “Outstanding Legal Service to creating, promoting and litigation teams and as lead 140th anniversary this month by Award” from Northwest Pulp facilitating a culture of giving, local and regional counsel in announcing the establishment and Paper (NWPPA). and serves as the guardian of automotive and pharmaceutical of the Miller Nash Legacy Fund, The award was presented by permanent funds available to mass tort cases. a charitable fund established Chris McCabe, the Executive safeguard the quality of Jewish to enable the firm to pursue its Director of NWPPA, and communal life in Oregon and philanthropic goals for many years Kathryn VanNatta, the Director Southwest Washington. to come. The fund, managed of Government and Regulatory by The Oregon Community Affairs at the organization’s Eva Kripalani Foundation, will support nonprofit 13th annual meeting. The award organizations throughout was for providing more than Oregon and Washington through 10 years of outstanding legal annual grants. service to NWPPA. This is the The Miller Nash Legacy first time an award of this kind Fund will initially be funded has been presented. by firm contributions of $140 for every attorney and staff The Around the Bar column member currently employed by reports on MBA members’ moves, Marshal Spector Miller Nash, thus seeding the transitions, promotions and other fund with $35,000. Additionally, Gevurtz Menashe honors within the profession. The the firm has set up a program th Marshal Spector returns to submission deadline is the 10 of Brenda L. Meltebeke to match individual employee the firm, as an “Of Counsel” the month preceding publication contributions of up to $140 Steven Wiker attorney. Spector brings 23 or the prior Friday if that date falls per person, bringing the firm’s Metropolitan Family Service years of experience in Oregon on a weekend. All submissions are potential contribution to $70,000 edited to fit column format and Metropolitan Family Service family law cases. He will this year. Each year thereafter, the information is used on a space- (MFS) has appointed Eva continue his family law practice the firm will contribute available basis in the order in Kripalani as the organization’s of divorce, custody, support, additional money to the fund, as which it was received. Submissions new Chair of the Board of and modification cases, as well well as offering the attorneys and may be emailed to Carol Hawkins, Directors, and Steven Wiker as as Premarital Agreements and staff opportunities to contribute. [email protected]. the new Vice Chair. Kripalani other family law matters. is the owner of Eva Kripalani Legal and Consulting Services, a legal and business consulting Annual Pro firm. She provides guidance to Bono Fair corporations in areas such as Douglas D. Morris Monday, October 21 law department management, Ater Wynne corporate governance, business Brenda L. Meltebeke, Chair of transactions, ethics and the Emerging Business Group, Save the date! Please compliance and business process has been re-elected as chair of the join us in celebrating the domains such as contract firm.Douglas D. Morris has been pro bono work of Oregon management. Wilker is a partner newly elected Managing Partner. lawyers during the at Tonkon Torp and counsels Meltebeke began serving past year. clients in complex commercial as chair in 2011. Her practice Joshua D. Stadtler Three free CLEs will run litigation, intellectual property, Marie Eckert focuses on entity formation, Dunn Carney concurrently followed by media communications and general corporate and securities Miller Nash the fair, awards and social. Joshua D. Stadtler has technology, energy, corporate law, including venture capital Join us to have fun and Partner Marie Eckert has been joined the firm as a litigation governance, real estate and financings and mergers, learn about the different elected to the board of directors associate. His practice will focus finance issues. acquisitions and divestitures. She pro bono organizations for Literary Arts. While on the on employment, environmental MFS, a leading social service chaired the Business Group from in our community. For board, Eckert will help manage and commercial litigation. agency in the Pacific Northwest, 2001-09, and has chaired the more information, the organization and advance its Stadtler has represented works with people of all ages to firm’s Emerging BusinessG roup contact Michelle Lane at goals to support writers, engage Fortune 500 corporations in state help them move past barriers since 2009. 503.431.6384 or readers, and inspire the next and federal trial and appellate that are most often associated Morris’s practice focuses [email protected]. generation with literature. courts, as well as clients in with poverty or social isolation. on mergers and acquisitions, 8 www.mbabar.org September 2013 2013 Multnomah CourtCare Campaign mba EVENT Raises over $90,000 Over $90,000 was raised during the The CourtCare Campaign raised from February’s WinterSmash MBF Social Celebrates campaign to fund the free childcare about $55,000 from large firms benefit bowling event. The MBA Supporters, CourtCare and program at the Multnomah and organizations, $13,000 contributed $5,000. County Courthouse this year. from small firms and $18,000 The MBA wishes especially Civic Education to thank Amy Angel, Barran Liebman LLP, for chairing the Wednesday, October 2 campaign for the last two years. Stoel Rives LLP TheCourtCare Proudest 900 SW Fifth Avenue, Suite 1900 Pride Award for the largest Portland donation from a firm went to 5-6:30 p.m. Davis Wright Tremaine. The CourtCare Loftiest Leap Award for the largest donation per capita Join us and celebrate our generous supporters, went to Buchanan Angeli Altschul CourtCare and the good work being done by our & Sullivan. grant recipients. Meet our grantees and catch up with colleagues over refreshments. CourtCare Lions, individuals contributing $500 or more RSVP to Pamela Hubbs at 503.222.3275 FINAL David Baca or [email protected]. Ruth Beyer Sarah Crooks Kieran Curley Peter Glade Michael Greene Douglas G. Beckman James Hennings 503-287-7977 Molly Honore Lisa Kaner Arbitration Mediation Susan MacKay Susan Marmaduke Michael McGrath P.O. Box 13365 Portland, OR 97213 Steven Naito Fax: 503-210-7688 Hon. Gregory Silver [email protected] Michael Silvey Bob Steringer Renee Stineman Hon. Diana Stuart Hon. Katherine Tennyson Hon. Janice Wilson Our newest Partner may make your Hon. Merri Wyatt business and personal life less taxing. CourtCare Tigers, individuals contributing $150 or more Hon. Cheryl Albrecht Andrew Altschul Amy Angel Courtney Angeli Kenneth Antell David Artman Joanne Austin Gary Barnum Steven Bennett Carol Bernick Paul Bierly Douglas Bray Paul Buchanan Hon. Stephen Bushong Cameron Carter Jerome Cooper For 30 years we’ve helped bring peace of mind to Charles Corrigan over 20,000 clients during one of life’s toughest times. Respected David Criswell Eric L. Dahlin J. Matthew Donohue Kristin Winnie Eaton Amy Edwards Edward Einowski David Ernst Emily Fox Hon. Julie Frantz Ryan Gibson Richard Glick Hwa Go Gersham Goldstein Eric Grasberger Ward Greene Phillip Grillo Dan Grinfas Kimberly Hanks McGair Helen Hierschbiel Martha Hodgkinson Michael Knapp Kevin Kono Teresa Kraemer OREGON ◆ S.W. WASHINGTON David Krieger 503.227.1515 360.823.0410 GevurtzMenashe.com Continued on page 15 Divorce ■ Children ■ Support

9 Multnomah Lawyer

Equality & Diversity Tips From the Bench MBA Committees Co-Chairs: Alan Galloway, Davis Wright Tremaine LLP, Each year, MBA members serve Court Liaison 503.241.2300 and Rima on committees that address Chair: Dan Duyck, Whipple & Ghandour, Ghandour Law LLC, 30.070) Lawyers should take member needs and general Duyck PC, 503.222.6191 Connecting 503.345.9255 guidance from the requirements issues affecting the profession. Serves as the MBA’s interface Promotes equality in the Probate to the of SLR 9.055. Even when a A synopsis of each committee’s with the court and fosters profession and identifies ways in civil case has been specially charge for the year and the dialogue between the MBA World of Civil which the MBA can promote a assigned to a general judge for committee chair follows. If you membership, the local judiciary diverse bar. Practice trial or ADR, it is good practice have ideas or concerns about a and other local area courts. to determine if the settlement particular area, please contact by Judge Katherine Tennyson reached must be approved by the chair, MBA President Multnomah County Circuit Court the probate court. These matters Richard Vangelisti at richard@ can be particularly complicated vangelisti.com or the MBA staff If you are a lawyer engaging in where the persons entitled to at mbabar.org. civil litigation in Multnomah distribution of the proceeds of County, chances are increasing the settlement are minors as that you will encounter issues there are specific Supplemental traditionally thought of as Local Rules which must be reserved for probate territory. followed and conservatorships As more baby boomers age for the minors may be required. into incapacity, their issues will extend beyond typical trust Sealing Documents Typically, settlement agreements administration or will contests. As Robert Calo Tyler Volm a practical matter, lawyers should include a confidentiality Courthouse Golf be on the lookout for these issues provision. Most of those Chair: Robert Calo, Lane Powell Chair: Tyler Volm, Elliott in order to provide adequate agreements do not need probate PC, 503.778.2104 Ostrander & Preston PC, representation to their client. court approval. When approval 971.230.1067 is required, however, the terms Works to effectively support and Todd Cleek advance the ongoing efforts to Organizes golf outings, including Representative Parties/ of settlement become part of the MBA Championship, which Continuing Legal Education build a new Multnomah County Diminished Capacity a public filing absent a legal raises approximately $20,000 Chair: Todd Cleek, Cleek Law courthouse or renovate the Depending upon the type of reason to seal those terms. The annually for the Volunteer Office LLC, 503.706.3730 current courthouse. case, certain rules ensure legally least convincing, but frequently Lawyers Project at LASO. competent parties are on all used, arguments for a motion Plans, conducts and evaluates sides. ORS 130.305 or ORCP to seal include these two: approximately 30 CLE seminars 27 are two such rules. If a party “because, judge, this is how a year geared toward attorneys in is incompetent, certain actions we’ve always done it before” practice 10 years or more. cannot occur without the proper or “because, judge, we said we appointment of a representative. would.” Those arguments will Court Funding For example, ORCP 69C(1) not yield the desired result. Chair: Richard Vangelisti, (d) and C(2)(a) set forth UTCR 5.160, effective of August Vangelisti Law Firm, requirements prior to the entry 1, 2013 provides a roadmap for 503.445.2101 of a default judgment. Oregon any request to seal. Failure to Works to increase public and Rules of Professional Conduct follow UTCR 5.160 is fatal to any legislative awareness about the also provide guidance to lawyers request. A rough outline of that importance of a fully funded representing clients with rules is as follows: court system. Alan Galloway diminished capacity. Familiarity David O’Brien with RPC 1.14 is a must for A party’s motion must state: lawyers in private practice. 1. The statutory authority Group Health Insurance for sealing the Chair: David O’Brien, Hart Personal Injury Settlements documents or materials Wagner, 503.222.4499 for Minors and Incapacitated 2. The reasons for Manages quality, low-cost health Persons/Wrongful Death protecting the and other insurance plans for Generally speaking, the Probate documents or materials MBA members. Section is involved in the from the public approval of financial aspects 3. A description of the Continued on page 11 of personal injury settlements documents or materials for minors and incapacitated to be sealed persons and a personal representatives settlement of a Continued on page 19 Dan Duyck wrongful death action. (ORS Rima Ghandour 5 bad habits 1health plan for life

You’re healthy and active. Your style: One (checkup) and done for the year. So take advantage of exclusive recreation legs a leaping and travel discounts to propel you into your next adventure. 47 6 showers together And when that pavement comes out of nowhere, causing round weeks of you to twist your ankle, we’ve got nurses on the line 24 ∕ 7 trips Partners in crime to help you hobble to safety, and tons of providers who shedding 25 can help get you back in your running shoes ASAP. 12 So long 2 fat pants!! www.ProvidenceHealthPlan.com/one

1013-01314_PHP_ADV_PHPwww.mbabar.org Branding Campaign Man w Dog_MultLawyer.indd 1 8/9/13 1:28 PM September 2013

build his cherished, heavily She relishes the challenge of Judge Amy Holmes Hehn adorned vehicles - amusing, learning less familiar areas of the cartoonlike spectacles in their law, like probate and domestic Multnomah County Circuit Court Grant Park neighborhood and relations, from those who about town. appear in her courtroom. “The by Lisa Maxfield After completing her JD at learning curve has been eased Court Liaison Committee member Suffolk University, Holmes Hehn by the professionalism of the “My dad was Atticus Finch.” The when he showed up for their first returned from Boston in 1985 good lawyers who have appeared daughter of a Jackson County date announcing he was there to join the Multnomah County before me. They have really District Attorney who later to “pledge his undying love”. District Attorney’s Office. As a helped further my education.” represented indigent defendants Thirty-one years later, it appears deputy district attorney for 25 charged with murder, Amy their initial instincts were spot years, she prosecuted a wide Holmes Hehn knew as a young on. They have raised two creative range of crimes, from petty theft Judge Amy Holmes Hehn girl that she wanted to be a girls, both now embarking on to aggravated murder. Children lawyer. “Watching my father, interesting paths that appear to and families always have been her. Her history of working with I could see his focus was on be skirting wide of the practice her primary interest. She served crime victims allows her to relate helping the people caught up of law. She hopes, now that their on the Multnomah County Child well with unrepresented parties, in the legal system, rather than daughters are ‘flying the coop,’ Abuse Team and headed, at a population that has increased making money. I wanted to do her husband will continue to various times, the Juvenile and rapidly in family courts. It is the same.” Domestic Violence Units of the important to her to be rooted Amy District Attorney’s Office. She is Judge Holmes Hehn learning in the community and she Holmes left a nationally recognized advocate to ride from the original horse- prides herself on having recently Medford in for juvenile justice reform and whisperer, Buck Brannaman won first prize in a Hollywood the late 1970s has served on a wide variety Farmer’s Market contest with to attend of influential task forces and Becoming a judge was a her squash-pumpkin pie recipe. Willamette commissions. bittersweet experience because Those facets of her life tie University. Judge Holmes Hehn now she lost her mother just three directly into the role she wants It was there sits on the family law bench, weeks before her appointment to play on the bench. When all she met her where the quarter-century was announced. As a judge, litigants leave her courtroom husband, of experience she gained in she says she hopes she always “feeling heard” though only one the trenches of criminal and strives to empathize with the side prevails, she will know she Paul Hehn. Paul’s fabulous 1990 Chevy 20 Van; a collaboration juvenile law has allowed her to life struggles and personal has succeeded in creating the She knew he with a local artist who goes by the name “TLC” (The adapt quickly to most dockets. circumstances of people before connection she wants to make. was “the one” Lost Cause)

MBA Committees Continued from page 10 Help MBA Golf Raise $20K for the Volunteer Lawyers Project at Legal Aid

Whether you’re putting together pro bono project requires time a foursome, entertaining a and staffing. client or sponsoring a tee, your All proceeds from the MBA participation in the September Golf Championship benefit the 23 golf tournament supports the VLP, making your involvement Brad Krupicka Amber Hollister Volunteer Lawyers Project (VLP) so important. Please join us. at LASO. In its 32nd year, the VLP Network, Membership Professionalism continues to connect pro bono entertain clients, Chair: Brad Krupicka, Chair: Amber Hollister, Oregon lawyers with low-income clients have fun and William Miner Preg O’Donnell & Gillett, State Bar, 503.431.6312 who otherwise would not receive help the VLP Judicial Screening 503.224.3650 Implements activities that promote legal representation. help Oregon’s Chair: William Miner, Conducts member-outreach professionalism and carries out the Legal Aid In 2012, VLP attorneys took poorest citizens. Davis Wright Tremaine LLP, activities and plans drop-in professionalism award process. Services over 2,000 cases and reported Visit mbabar. 503.241.2300 socials and WinterSmash, which of Oregon thousands of volunteer hours! The org to register Confidentially screens judicial and benefits Multnomah CourtCare. VLP is fortunate to have this army or sponsor pro tem candidates in accordance of skilled attorneys to help meet or contact Pamela Hubbs at with the MBA’s process. the legal needs of low-income 503.222.3275 or clients. Coordinating such a large [email protected]. 5 bad habits 1health plan for life

You’re healthy and active. Your style: One (checkup) and done for the year. So take advantage of exclusive recreation legs a leaping and travel discounts to propel you into your next adventure. 47 6 showers together And when that pavement comes out of nowhere, causing round weeks of you to twist your ankle, we’ve got nurses on the line 24 ∕ 7 trips Partners in crime to help you hobble to safety, and tons of providers who shedding 25 can help get you back in your running shoes ASAP. 12 So long 2 fat pants!! www.ProvidenceHealthPlan.com/one

13-01314_PHP_ADV_PHP Branding Campaign Man w Dog_MultLawyer.indd 1 8/9/1311 1:28 PM Multnomah Lawyer YLS Committees YLS members serve on Assists in the recruitment and committees designed to address involvement of YLS members by member needs and general coordinating a variety of social Young issues affecting the profession. activities designed to increase A synopsis of each committee’s professional and personal charge for the year and contact interaction. It also publishes the Lawyers information for the current New Admittee Survival Guide. committee chair follows. If you have any ideas or concerns to Section share about a particular area, please contact the chair, YLS Mary Tollefson President Traci Ray, or the MBA mb a staff at [email protected]. Snyder,503.241.3617 The Ten Minute Fix Co-Chair: Mary Tollefson, Kramer & Associates, by Eva Marcotrigiano 503.243.2733 OSB Quality of Life Committee Secretary & Provides lawyers with YLS Futures Committee Member opportunities to become involved in the community, a final inhale into your upper such as Community Law Week, chest area, lifting your sternum Community Service Days and to allow room for the air. Exhale Valerie Berg the imprint program. Organizes slowly, in reverse – chest, torso, the YOUthFILM video contest abdomen. After you have exhaled YLS Pro Bono Committee for students on various completely, repeat. Continue for Chair: Valerie Berg, Attorney at democracy-related topics. five breath cycles. Law, 503.754.0543 As lawyers, we are mental Coordinates the Nonprofit workers. The idea behind Kevin Parks Project, publishes the domestic violence and juvenile rights practicing these simple methods YLS Professional Development at work is to create stillness in handbooks, and encourages and Education Committee involvement in pro bono service. your body in order to create Chair: Kevin Parks, Parks Law stillness in your mind. The The committee helps organize the Offices LLC, 503.308.1080 annual Pro Bono Fair and holds Mind frantically racing, you are techniques serve to down- Organizes YLS CLE seminars, slumped over your desk amidst regulate your system, allowing an annual fundraiser to support as well as career development the pro bono community. mounds of files. Productivity it to reset as if you had taken a presentations. came to a halt a while ago, and power nap. Through practice, yet a deadline still looms. You you develop the capacity to tried to take a walk down the tolerate and move through the hall to clear your head, but that chaos productively. Additionally, proved fruitless and time is flying the techniques may be shared Troy Pickard by. What is a lawyer to do? with clients to help them handle In May, the MBA YLS depositions, trial, or drawn-out YLS Futures Committee Professional Development & negotiations. Chair: Troy Pickard, Portland Education Committee and the The Ten Minute Fix CLE was Defender, 503.592.0606 OSB Quality of Life Committee well-attended and well-received. Identifies and studies how joined forces to present a one- Not only did participants leave lawyers of varying levels of hour seminar for lawyers to learn with information and techniques experience are affected by mechanisms to move through to incorporate at work, but also changes occurring in the legal such a rut. The Ten Minute Fix with a revitalized sense of clarity Cynthia Gaddis profession. Writes articles and CLE, presented by attorney and and productivity for the rest of Tyler Bellis organizes events. YLS Service to the Public yoga instructor Heather Decker the workday. YLS Membership Committee Committee and nurse-meditation instructor For more information on Chair: Tyler Bellis, McEwen Co-Chair: Cynthia Gaddis, Kathleen Bell, focused on stress- breathing, mindfulness, and Gisvold LLP, 503.226.7321 Law Offices of Daniel reduction techniques that can meditation, see: Perfect Breathing be performed at your desk in 10 – transform your life one breath minutes or less. at a time (by Al Lee and Don If there is still a lack of good On a sunny day in Perkins Campbell; The Calm Technique billable work, try and see if there Coie’s conference room, the (by Paul Wilson); Three Deep Ask the Associate are any other ways you can bring presenters led lawyers through Breaths (by Thomas Crum); value to the firm. Could any two relaxation breathing Mindfulness Improves Reading Dear Awesome Associate, next few months. Make a short of the firm’s current systems be techniques, four chair yoga Ability, Working Memory and At the peak of the summer list of action items and take that streamlined? Or see what you poses, and a simple meditation Task-Focus (article on UC Santa doldrums, I find myself short on into the partner’s office. Instead can do to develop some business exercise. All of the techniques Barbara research findings); work. What is the best way to ask of simply asking whether there is of your own through increased can be performed right in Mindfulness Practices to Take for work from the partners? any work that needs doing, you marketing efforts during your office, with nothing but a Control of Workplace Problems can go in with your action items slow billable weeks. Showing chair. Notably, the techniques (Infographic at HuffingtonPost. Your friend, and propose them to the partner. leadership in slow times will are also discreet, such that a com by Jeffrey Hunter); Buddha Underutilized Associate Partners spend time and energy also reflect well at your annual colleague passerby may not even Had it Right: Relax the Mind and dolling out work to associates. A evaluation. Even if the hours for realize you are in the midst of Productivity Will Follow (article Dear Underutilized, list of action items shows that you that week or month were low, refocusing. on FastCompany.com by Asking for work from recognize that the partner’s time you can point to these efforts and For example, Heather Decker Faisal Hoque). partners can be tricky. You is valuable, but also that you have discuss additional value added, took us through the Three Part want good billable hours, but been thinking critically about even if it is not in the traditional Breath: while seated, exhale Join the MBA on Tuesday, sometimes you get the project the firm’s matters and clients. If billable hour sense. completely. Inhale, bringing your September 17 from 3-5 p.m. that has been kicked around the there isn’t much that can be done If all else fails, and it is still breath all the way down into at the World Trade Center, firm and now rests on your desk on the case in the coming weeks, really slow, take a day or two (or your belly. Inhale some more air, where Michael Dwyer and John because, well, you asked for it. explain that too and suggest five) of vacation and come back bringing it into your torso and Folawn will present a Meditation One way to get good billable that you revisit the file with the recharged and ready to bill. lower chest area, expanding the for Lawyers CLE. See more work from partners is to spend partner in a few weeks. sides and back of your rib cage to information on page 3. some time thinking about some Summer months also find Yours Truly, accommodate the breath. Bring of the matters that are currently partners taking vacations. Awesome Associate in progress at your firm. Sit Handling the matters while the down with those files and think partner is away is another good Send your questions to Awesome critically about what can and way to find some billable hours, Associate at [email protected]. should be done to effectively and you can also suggest action advance the case and improve items on the partner’s return, your client’s position over the helping them ease back into it after a break.

12 www.mbabar.org September 2013 Oregon Asian Pacific Emery Wang American Bar Association YLS Pro Bono Spotlight by Duke Tufty by Michael Fuller YLS Immediate Past President YLS Pro Bono Committee

The OAPABA is a fast-growing Q: What is your favorite thing This month’s spotlight focuses community of Asian Pacific about Portland? on attorney Emery Wang’s pro American attorneys and serves A: The summers and the food, bono efforts volunteering with as the Oregon affiliate of the but mostly the food. If I was the Legal Aid Services of Oregon National Asian Pacific American forced to name my favorite (LASO) Domestic Violence Project (DVP). Bar Association - an association restaurant, I’d say Tasty & Sons, Kim Sugawa-Fujinaga that represents the interests of but late night food is always good The DVP pairs local attorney over 40,000 attorneys worldwide. at the 24 Hour Pancake House Q: What would you like to focus volunteers with domestic violence The organization is run by a on SE Powell. on during your presidency of victims for representation in a board of 15 members, including OAPABA? variety of legal matters. Attorneys members from all over the state, Q: How did you first become A: Our past president Simon often advise victims of their rights from the bench, and from all involved with OAPABA? Whang was really great at and appear as counsel at Family three Oregon law schools. The A: Julia Markley invited me to focusing on the social component Abuse Prevention Act hearings Emery Wang mission of the organization their first election meeting and of our membership and I’d like and stalking order proceedings. is three-fold: advancement, her mom had cooked homemade to continue that growth, with an Emery Wang attended Lewis Wang says based on his trials advocacy, and communication. Filipino food - I was hooked! emphasis on service projects to & Clark Law School and joined thus far, domestic violence cases the community. the OSB in 2009. He maintains provide a constant learning Advancement. To promote a solo office inG resham and experience because the rulings the professional development Q: Why should new attorneys Q: How does OAPABA give focuses his private practice on are very fact specific. “It’s hard and advancement of APA get involved with OAPABA? back to the community? personal injury. Since 2011, Wang to know exactly what the facts attorneys through education, A: OAPABA is FUN! We have A: Besides continuing the work has volunteered to represent are and the hearings are usually research and programs. great people, who are results oriented and like having a good of our advocacy committee various victims of domestic pretty fast-paced and to the Advocacy. To act as a vehicle time, plus doing meaningful to provide non-partisan violence through the DVP. point,” he says. and forum for expressing work in the community. What’s endorsements for judicial Wang worked as a Multnomah He estimates that about half opinions on matters of not to like?! and national bar association County District Attorney while the respondents are represented concern to APA attorneys candidates, we are also in law school and chose to as well, usually by paid attorneys. and our communities. Q: What kind of law do you developing a joint pro bono volunteer with DVP because the “It’s really rewarding work. Communication. To practice? project with the Oregon Law position allowed him to utilize his The petitioners are often scared encourage and foster A: McEwen Gisvold represents Center to serve the Asian Pacific courtroom skills. for their safety, and scared of the communication among APA businesses in all aspects and I American community. “I looked at various pro bono court system generally. It’s great to attorneys on issues affecting focus my practice on commercial opportunities, including some in be able to help,” he says. our work, communities and litigation with an emphasis on Q: Why should everyone elder law, but eventually chose “Emery has represented 12 government. bankruptcy, debtor-creditor reading this article go to this domestic violence because I clients in contested restraining representation, and real estate year’s OAPABA Gala Dinner? already had knowledge about the order hearings this year,” says Kim Sugawa-Fujinaga is this disputes. A: Great food, even better trial process,” he says. Maya Crawford. “His sensitivity year’s OAPABA president and we company, and Kiddy Taiko! Emery first learned of the toward survivors of domestic recently had lunch to talk about Q: What do you do for fun? (Traditional Japanese drumming DVP during a legal aid pro bono violence and his courtroom the organization. A: Crossword puzzles and performance by kids.) orientation meeting for attorneys skills are a valuable asset to our shooting guns. Usually not at the looking to volunteer. program. We appreciate his Q: How did you end up in same time. OAPABA is hosting its First “Maya Crawford with LASO dedication to serving low-income Portland? Annual Gala Dinner at the first introduced me to the DVP,” clients in our community.” A: I was born and raised in Q: If you could change one Benson Hotel on Tuesday, says Wang. Attorneys of all experience Hawaii, but wanted to experience thing about OAPABA, what September 10. The event is In addition to his courtroom levels are encouraged to volunteer. living in a different place, no would it be? honoring Judge Lynn Nakamoto skills, Wang’s fluency in Chinese Restraining order hearings usually palm trees. Salem was pretty A: I’d clone our original board and the keynote speaker is the has also proven a valuable asset as occur Mondays and Thursday and different and I decided to attend members and make them Honorable Ellen F. Rosenblum, a DVP pro bono volunteer. attorneys are often assigned to Willamette Law School and permanent board members! Oregon’s first woman Attorney “I recently responded to a take cases on a given day. Most moved north to Portland for my General. For more information, specific LASO request for an attorney-client relationships last first legal job. visit www.oapaba.org. attorney who had experience in for only one hearing. Volunteers domestic violence, and spoke aren’t obligated to continue fluent Chinese. I stepped up representation beyond the scope supports these programs, giving because I figured, ‘What are the of the issue at hand and no direct Wills for Heroes back to the community and odds there’s anyone else out there experience in family law “protecting those who protect for this victim?’” he says. is required. The YLS is adopting the ABA’s responders, including police us.” Since November 2001, the “Oddly enough I was at a Questions about the DVP can Wills for Heroes program. officers, fire fighters, EMTs and Wills for Heroes program has barbeque recently and actually be directed to the Maya Crawford On Friday, October 4, we will search & rescue. By helping first provided more than 7,000 estate met another attorney who also with the LASO at 503.224.4086 or provide four essential legal responders plan now, we help planning documents nationwide, speaks Chinese and works in [email protected]. documents (Simple Will, them ensure their families’ legal and this will be Oregon’s first domestic violence.” Power of Attorney, Advance affairs are in order. The Wills for partnership with the well- Directive and HIPAA Release) Heroes Foundation is a 501(c) established program. free of charge to Oregon’s first (3) charitable nonprofit and it mba yls EVENT mba yls EVENT YLS Wine Tasting Social Blackbird Wine Shop Pro Bono Pedal NE Fremont & 44th, Portland Coalition Brewing Company Wednesday, September 25 2724 SE Ankeny, Portland 5:30-7:30 p.m. Saturday, September 7 Please join the YLS, Financial Planning Association 11 a.m. and Oregon Society of Certified Public Accountants for this casual opportunity to network and socialize. Join us at Coalition Brewing Co. for this 10-mile bike ride to raise money for Legal Aid Services of Oregon. The registration fee of $15 includes wine tasting Ride departs at 11 a.m. with after-party to follow. and hors d’oeuvres. Space is limited. Advance paid $15 adults, kids 10 and under free. We hope to see reservations are required. you there!

Register in advance at Register online at www.mbabar.org. www.mbabar.org or at the event.

13 Multnomah Lawyer

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Museum members can select from over 250 regional artists and an inventory of over 2,000 works in all media. Search the Rental Sales Gallery collection at portlandartmuseum.org. For hours and assistance, phone 503-224-0674 or Eric Larson Paige De Muniz Craig Cowley Mark Johnson Roberts Robin Wright Bill Howe email [email protected]. Rental Sales Gallery • 1237 SW 10th Avenue Oregon, Washington Oregon Oregon, Washington Oregon Oregon Oregon 14 www.mbabar.org September 2013 Director meetings getting more tense? CourtCare Jack Orchard Tauman Family Fund Kevin Pearson Steven Todd Continued from page 9 J. Randolph Pickett Margaret Van Valkenburg Jan Pierce Richard Vangelisti Hon. Paula Kurshner Hon. David Rees Mark Wada Eric Larson Bonnie Richardson Hon. Nan Waller Andrew Lauersdorf Matthew Ryan Richard Weill Andrew Lee Marshal Spector Jeffrey Wihtol Kenneth Lerner Lynn Stafford Hon. John Wittmayer Tom Lindley Dana Sullivan Michael Yates Hon. Marilyn Litzenberger Hon. Susan Svetkey JoLynne Zimmerman Christina Lok George Mardikes David Markowitz Jeffrey Matthews Shareholder Partner LLC Member Disputes Hon. Jean Kerr Maurer mba EVENT Mary Louise McClintock MBA Wine Crush ROBERT J. MCGAUGHEY • ATTORNEY Gregory Mowe Robert Newell Hawks View Cellars 2440 Fox Tower, Portland 97205 503 • 223 • 7555 www.law7555.com Carol Noonan 20210 SW Conzelmann Rd, Sherwood Katherine O’Neil Saturday, October 5

POrTlAnD / lAke OSWeGO / BenD / vAncOuver 1-4 p.m.

Please join us at scenic Hawks View Cellars for a discussion with “Tom D’Amore is a great the winemakers about lawyer to associate with. the crush season and grape harvesting process, followed by a crush demonstration. The cost of He is diligent, intelligent $25 per person includes appetizers, the crush and, best of all, not afraid demonstration, and a wine tasting of the Hawks to try a case.” View wine lineup. Additional glasses of wine and

Gene HAllmAn, bottles will be available for purchase as well. OreGOn ATTOrney Register at www.mbabar.org or contact Kathy Modie at the MBA at [email protected] or 503.222.3275. MuLTNoMAH LAWYER OCTOBER 2007

Semi-Truck AcciDenT V 2010-11 President, OTLA liTiGATiOn What I Did Von Best LawyersMy inSummer America Vacation AuTO AcciDenT liTiGATiOn By Michael Bicycle Dwyer,AnD mOTO MBArcycle President-Elect. V Board Certified Trial Lawyer, National Board of Trial AcciDenTS Advocacy DefecTive PrODucTS A week at Harvard University V Cloke’s AV ® Preeminent mediation class Peer was one Review of heartRated™, and mind. Martindale- Cloke stressed that in mid-JulycOnSTruc hardlyTiOn cracks SiTe several offerings. Fox, a lecturer we customarily opt for resolving injury Hubbell the usual list of top summer at Harvard Law School, led a class conflict at a superficial level: the vacationnurS inideas.G HO Butme theABuSe chance V calledAAJ BoardBeyond Yesof Governors;One, referring Chair,level Audit of mere Committee; settlement. Mediators to participateWrOnGful in De a ATHcutting-edge toMember, the negotiation Budget bestseller Committee co- afraid of radical open-heartedness, program integrating Western V authored WSAJ Eagle by Fox’s Member mentor, Roger or unskilled at handling the conflict resolution with ancient Fisher of Harvard, but cross- deepest levels of conflict, miss the Eastern wisdom and meditation fertilizing negotiation techniques opportunity to help people achieve traditions [email protected] educational, with insights,www.damorelaw.com/referrals skills and spirit- deeper levels, including forgiveness, inspiring and transforming. energy to enable negotiators to transformation and transcendence. V (503) 222-6333operate at their highest (800) levels of 905-4676 ���������� Judges, mediators, and lawyers body and mind. Before class each morning, we ������������������ gathered from all over the world for participated in either a movement two, week-long sessions. My own In the second week, a prominent or yoga class followed by 30 ������������� Advanced Mediation class with trio offered emerging roles for minutes of guided meditation. ������������������ world-renowned mediator Ken lawyers. David Hall’s new book e demonstrated benefits of Cloke drew attendees from every captures the spirit of this class. It is incorporating meditation into ����������� corner of the globe and the US. entitled e Spiritual Revitalization a professional practice include of the Legal Profession: A Search for increased empathy and insight, Sponsored by the Harvard Sacred Rivers. reduced reactivity, and greater Negotiation Insight Initiative attention and attunement. Harvard, TEMPORARY & PERMANENT PLACEMENT (HNII), a relatively new offspring A dominant theme running Yale and other top law schools have of the Project on Negotiation at through the program is that to offered courses in meditation, and LEGAL NORTHWEST the law school, the program is resolve conflict with others at a several top-tier law firms have held the brainchild of its executive deep and enduring level, we must trainings for lawyers. director, Erica Ariel Fox. first work on ourselves. We can STAFFING SPECIALISTS e program’s mission is “to establish peaceful resolution of HNII also holds autumn broaden and deepen the way we conflict with others only if we – workshops. e MBA is discussing understand, teach, and practice mediators, negotiators and judges a joint HNII-MBA conference to negotiation and dispute resolution – bring an authentic, peaceful be held in Portland next year. by integrating insights from the presence into the mediation or world’s ethical, philosophical, and settlement arena. To do that, we Michael Dwyer is a mediator and ���������������� ����������������700 SW Taylor Floor 2 spiritual traditions.” must be fully engaged in body, lawyer with Dwyer & Miller, and Portland, Oregon 97205 is the President-Elect of the MBA. ���������������Tel 503-242-2514 �����������������������Fax 503-274-7895 ����������������������www.legalnw.com [email protected]

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16 www.mbabar.org September 2013

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• Circulation of 4,500+ attorneys and legal professionals • Affordable rates • Full-color available • MBA members receive 10% discount Welcome to our

Visit mbabar.org/AboutUs/Advertising. html for details, or contact the MBA at newest attorneys 503.222.3275. Gordon & Rees is pleased to welcome Nancy M. Erfl e and Kjersten H. Turpen to its Portland offi ce.

Nancy M. Erfl e nerfl [email protected] Nancy is a partner with the Tort & Product Liability Litigation practice group. Admitted in Oregon, Washington, and Montana, seeking documents of marginal The Corner Office her practice is focused on litigation, specifi cally on the defense of relevance is outraged when Continued from page 16 pharmaceutical and medical device manufacturers, automotive his client is asked to respond manufacturers, agricultural chemical manufacturers, aviation to similar requests. Everyone manufacturers, as well as companies involved in business often results in long discussions would benefit from a more disputes. Nancy has been listed in The Best Lawyers in America about employment history and professional approach, in which since 2010 for her work in Product Liability Litigation. educational background, and all parties tailor their discovery other tangentially related matters, to seek information that has just because they are part of the a reasonable chance of being Kjersten H. Turpen laundry list of typical deposition helpful, rather than blindly [email protected] questions, regardless of whether pushing the discovery envelope Kjersten has experience representing clients in state and federal they have any significance to the as far as they can. Remember the courts and before administrative agencies in a wide variety of matter at hand. goal. Discovery is not intended areas including employment law, professional liability defense, In preparing for a deposition, to be a tool to inflict burden on and commercial litigation. Kjersten is licensed in Oregon, the starting point should be the opposition; it is a means to Washington, and California and is a member of the Multnomah identifying exactly what you acquire information that may County Bar Association, Oregon Association of Defense Counsel, hope to accomplish. If you want be useful to the presentation of and Oregon Women Lawyers. the witness to take a particular your case. Losing sight of that position, think hard about goal often results in a mutually how you can organize your assured destruction scenario questioning in a way that leads in which each side launches the witness in the direction oppressive discovery requests 121 SW Morrison Street, Suite 1575, Portland, OR 97204 503 222 1075 you want to take her. 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Edstrom • Chris Edwardsen • Hon. Elizabeth L. Perris • Pro Bono Volunteers Gary Enloe • Anthony Estrada • Jessica Flint • Jon Fritzler • Edward Fu • Michael Fuller • Thanks to the following lawyers County, go to www.mbabar.org Anne Furniss • Ryan Gibson and law students who donated and click on “About Us” and • David Gray • Derek Green their pro bono services recently “Pro B on o.” • Oren Haker • Stacy Hankin via the Volunteer Lawyers • Dona Hippert • G ordon Project, the Senior Law Project, Alexander Adams • Thomas Howard • Jay Howe • Bryan McKinley Irvin is the region’s premier family law firm. divorce Community Development Adams • Jacqueline Alarcón • high conflict custody Hunt • Scott Hutchinson • We’ve reached this pinnacle because of our team of Law Center, law firm clinics, Matthew Arbaugh • Mitchell modifications Noah Jarrett • Edward Johnson highly successful, well-respected attorneys that are international family law the Oregon Law Center, the Baker • Clarke Balcom • David • Robert Johnson • Samuel leaders in their fields of family law. First and foremost, military family law Nonprofit Project, St. Andrew Bean • John Beck • Brittany lgbt law Justice • Christopher Kane • we are empathetic advocates for our clients — and collaborative law Legal Clinic, Catholic Charities Berkey • Vanden Bos Chapman Kevin Kaufman • Sara Kearsley relentless in our pursuit of the most favorable outcome Immigration Legal Services, • Carson Bowler • Brett Carson • Melanie Kebler • Christopher on their behalf. Lewis & Clark’s Small Business • Thomas Chow• Joseph Kent • Calvin Knickerbocker • Legal Clinic, and Children’s Copeland • Chuck Corrigan • Mark Kramer • Jonathan Kuni Representation Project. To Christopher Coyle • Douglas 503.487.1645 | seattle | bellevue | tacoma | portland | mckinleyirvin.com • Bill Kwitman • Jill Laney • learn more about pro bono Cushing • Jay Derum • Daniel Mary Lang • Elizabeth Lemoine opportunities in Multnomah Duyck • T im Eblen • David • Justin Leonard • Joshua Lipps • Julie Lohuis • Barbara Long • Colleen Lowry • T amara Maher • Suzana Malek • Jill Mallery A Members 1 ! • T im McNeil • Christopher $250 Off Mertens • Johnston Mitchell Live your vision. • Keith Mosman • Carl Neil • MB T roy Nixon • T om Noble • Jim O’Connor • William Patterson • receiveCall for more information David Petersen • Sarah Peterson Closing Costs • Rebecca Random • James Ray Streinz • Gabrielle Richards • Katie Riggs • Meagan Robbins • Bruce Rothman • G erard Rowe • Lyndon Ruhnke • Daniel Russell • Lynn Sanders • Philip Schuster • G eorge Senft • Arden Shenker • Maryhelen Sherrett • Ian Simpson • Sara Staggs • Anne Steiner • Susan Steinman • Kim Sugawa- Funinaga • Todd Trierweiler • Alan Unkeles • Evans Van Buren • Nigel Vanderford • Aaron Varhola • Emery Wang • Britta Warren • Amie Wexler • Peter Willcox-Jones • Theresa Wright • Michael Yates • Whitney Making Portland home is what we do best. Choose the advantage of local expertise and Yazzolino • Julia Yoshimoto • experience as we work to deliver the right loan at the right price for your home loan needs. Rosemary Zook 503.499.5999 or 877.385.9933 888 SW 5th Ave, Suite 1000, Portland, OR 97204 Tips From the Bench [email protected] Mortgage Services Continued from page 10

The court may direct the moving 1 Offer good through September 30, 2013, and can not be combined with any other offer or coupon. party to submit the documents for in-camera review. Member FDIC The court’s order may direct the clerk’s office to: 1. File the documents, unsealed 2. File the documents, under seal 3. Return the documents, unfiled, to the moving Conflicted? party The filing party must present the We take your conflicts. clerk with a copy of the signed court order and submit the Not your clients. documents in a sealed, properly marked envelope.

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19 4colx5_MBA_color_10.25.12.indd 1 10/25/12 2:17 PM Multnomah Lawyer

Donations to the Civic Education Fund of $100 and up will be Multnomah Bar Foundation published in the December Multnomah Lawyer and on the Celebrate! MBA website. Visit mbabar.org/foundation October 2 Social at Stoel Rives or contact Pamela Hubbs at 503.222.3275 for more You’re Invited! information. by Pamela B. Hubbs Office and Foundation Administrator

You are invited to the MBF Thank you for your generous Social at Stoel Rives, Wednesday, 2013 contribution to the MBF October 2, 5-6:30 p.m. Civic Education Fund 2012 MBF Social at Barran Liebman We’ll celebrate our generous supporters, award $5,000 $1,000 $500 $250 firm CourtCare trophies and MBA Ater Wynne Thom Brown Jeff Batchelor introduce this year’s grant Garvey Schubert Barer Scott Downing Leslie Nori Kay recipients. Meet our grantees $2,500 Ed Harnden Hon. Julie Frantz and enjoy catching up with Barran Liebman Tauman Family Fund Christine and James Hein $100 colleagues over refreshments. Dunn Carney Allen Higgins & Tonkon Torp Mitra Law Group Vangelisti Law Firm Please RSVP to Pamela Tongue Wrenn Bender McKown & Ring Hubbs at 503.222.3275 or Lane Powell Yates Matthews & Eaton [email protected]. Stoel Rives

20 www.mbabar.org