JULY 2019

Comments, Followers and Friends

Government Social Media Accounts, Public Forums Also inside: and the First Amendment Divorce Cases and the Perils of Oversharing

OREGON STATE BAR BULLETIN JULY 2019 VOLUME 79 • NUMBER 9

Public officials find themselves in constant flux when it comes to social media. Understanding the ever-changing landscape of this form of communication is critical for anyone in public office, as Randy Geller and Aaron Landau report on Page19. And while we’re on the topic, your clients also need to realize the consequences of their social-media actions. Learn more about how oversharing can derail divorce cases in our Legal

iStock.com/bigtunaonline Practice Tips column on Page 36.

FEATURES 19 Comments, Followers and Friends Government Social Media Accounts and the First Amendment By Randy Geller and Aaron Landau 24 Lessons in the Law Students Receive Expert Help from On-Campus Legal Services By Janay Haas

COLUMNS 5 From the Editor 30 Profiles in the Law Blurring the Lines A Passion for Empowerment: By Gary M. Stein Promoting Social Justice Fuels Darcy Norville’s 9 Bar Counsel Legal Career The Adjudicator’s First Year: By Cliff Collins New Position Guides the OSB’s Disciplinary Board 36 Legal Practice Tips Perils of Oversharing: By Mark A. Turner Social Media Missteps Can 11 The Legal Writer Be Your Client’s Downfall Making Sense of Lists: By Sharon D. Nelson, Twists and Turns of a Legal John W. Simek and Document Require Better Michael C. Maschke Formatting By Elizabeth Ruiz Frost

The Oregon State Bar Bulletin (ISSN 0030-4816) DEPARTMENTS is the official publication of the Oregon State Bar. The Bulletin is published 10 times a year (monthly 7 Briefs 44 Bar People except bimonthly in February/March and August/ Among Ourselves September) by the Oregon State Bar, 16037 S.W. 34 Happenings Moves Upper Boones Ferry Road, Tigard, OR 97224. The Thirty Years of IOLTA Bulletin is mailed to all members of the Oregon State In Memoriam Bar, a portion of the dues for which is allocated 40 Bar News Lawyer Announcements for the purpose of a subscription. The Bulletin is also available by subscription to others for $50 per 42 Bar Actions 48 Classifieds year, $90 per two years, within the United States. Discipline Individual copies are $5; back issues are $5 each, 53 Attorneys’ Marketplace when available. Periodicals postage paid at Portland, Oregon 97208. POSTMASTER: Send address changes to Oregon State Bar, P.O. Box 231935, Tigard, OR 97281-1935.

FROM THE EDITOR

Blurring the Lines By Gary M. Stein

This time, it all played out on social boundaries have disappeared, and we now media, where everyone — including the announce marital troubles as quickly as we couple’s children, their restaurant’s share photos of our latest meal. customers and even absolute strang- Maybe that’s a good thing. But Nel- ers — could watch. Facebook turned an son, Simek and Maschke would argue that intensely personal moment once shared when emotional and financial well-being only with family and close friends into a is on the line and the world has watched public event. An emotional car wreck, if the drama unfold, the consequences can you will, and it was difficult to turn away. be devastating. “Missteps can be magnified when peo- Unless, of course, you find some way ple are going through a divorce — one of to get past the anger and decide not to the most emotional and stressful periods divorce. Which is what our friends did of their lives,” Sharon D. Nelson, John W. — a decision, needless to say, that they Simek and Michael C. Maschke write in announced on Facebook. their story “Perils of Oversharing,” which Reach Editor Gary M. Stein at (503) you’ll find on Page 36 of this month’s Bul- 431-6391 or by email at [email protected]. n letin. “Throw into the mix a soon-to-be ex-spouse, custody battles and maybe the involvement of third-party lovers, and Bulletin File Photo Our Editorial Policy you have the ingredients for an explosion y all accounts, they were a happy that you will not want to sort out before All articles published in the Bulletin couple — the popular owners of a judge.” must be germane to the law, lawyers, Ba successful Portland restaurant Technology — especially the use of the practice of law, the courts and where young urban professionals gathered social media and text messaging — only judicial system, legal education or the Oregon State Bar. All opinions, for drinks and small bites. makes it worse, the authors say, because it statements and conclusions expressed But when she discovered that his can be a goldmine of information for op- posing attorneys during a divorce. Angry in submitted articles appearing in the “business trip to the coast” was actually a Bulletin are those of the author(s) and outbursts are bad enough, but even inno- long weekend in Hawaii with his mistress, not of the editor, other editorial staff, cent posts can suddenly become evidence the happy façade quickly exploded into a employees of the Oregon State Bar, of adultery, hidden assets and more. barrage of angry outbursts and nasty ac- or members of the Board of Gover- “Common sense is often a casualty of cusations. She even outed his girlfriend nors. Publication of any article is not the divorce process,” Nelson, Simek and to be deemed an endorsement of the when she discovered the woman’s name Maschke say, so the best technological opinions, statements and conclusions and where she worked. advice a divorce lawyer can give a client expressed by the author(s). Publica- Those of us who knew the couple were is simple: Stop using your social media tion of an advertisement is not an saddened, of course, although we all un- accounts now. Put the phone down and endorsement of that product or service. derstood that outwardly happy marriages walk away. Any content attributed to the Oregon can sometimes implode. We’d seen it hap- State Bar or the Board of Governors That’s what we told our angry friend is labeled with an OSB logo at the top pen before. Heard the dirty details. Did years ago, and I think she came to understand of the page or within advertising to our best to lend support. that social media has blurred the line be- indicate its source or attribution. But this time, it was different. tween public and personal. Long-accepted

HOW TO REACH US: Call (800) 452-8260, or in the Portland area call (503) 620-0222. Email addresses and voicemail extension numbers for Bulletin staff are: Gary M. Stein, editor, [email protected] (ext. 391); Mike Austin, associate editor, [email protected] (ext. 340); Kay Pulju, communications director, kpulju@ osbar.org (ext. 402); and Spencer Glantz, classified ads and lawyer announcement ad rates and details,[email protected] (ext. 356). Fax: (503) 684-1366. Display advertising: Contact LLM Publications at (503) 445-2240, [email protected].

JULY 2019 • OREGON STATE BAR BULLETIN 5

BRIEFS

body that involve a single claimant. The Aug. 4, at Judge Edward Leavy’s family old limit was $119,300; hop farm. • $614,300 for property damage or This year’s picnic will honor the Or- destruction claims against a state or lo- egon Supreme Court at a time when cal body that involve multiple claimants. women justices form the majority on the The old limit was $596,400. court. For details and directions to the A list of past and current limitations free event, RSVP by July 29 at usdchs. on liability of public bodies can be found org/2019-annual-picnic. on the Oregon Judicial Department web- Continued on next page site at courts.oregon.gov/Pages/tort.aspx.

Garvey Schubert Barer, Foster Pepper to Merge By the Numbers Two mid-size law firms based in the Pacific Northwest — Foster Pepper and Well-Being Worries Garvey Schubert Barer — have an- for Law Students nounced that they will merge on Sept. 1 to form a new firm called Foster Garvey, Fifteen law schools and more than 3,300 law students across the country partici- iStock.com/venimo with 180 attorneys in six offices in Seat- pated in the American Bar Association’s tle, Spokane, Portland, New York, Wash- Survey of Law Student Well-Being, which State Increases Liability ington, D.C., and Beijing. sought to examine alcohol, drug and Limits for Public Bodies mental health issues among the next The combined firm will be among the generation of lawyers. Among the law Oregon’s Office of the State Court region’s largest and would rank 230th on students surveyed: Administrator (OSCA) has increased the Law360’s current survey of the 400 largest limits of liability for state and local public U.S. firms based on headcount. 43% bodies in cases involving personal injury The firms’ partners voted to approve Reported binge drinking at least once in or death and property damage or destruc- the merger on June 14. Greg Duff, firm the prior two weeks. Nearly one-quarter tion. chair and principal of Garvey Schubert (22 percent) reported binge-drinking two or more times during that period. More OSCA adjusts the limits annually, Barer, and Steve DiJulio, managing part- than half of respondents reported drinking as required by statute. The new amounts ner of Foster Pepper, will serve as co- enough to get drunk at least once in the took effect on July 1; they apply to all chairs of Foster Garvey. prior 30 days causes of action arising on or after July 1, 2019, and before July 1, 2020. OWLS Dress for Success 17% Based on OSCA’s calculations, the Fashion Show Planned Experienced some level of depression. In new limits are: Members of Portland’s legal com- addition, 14 percent experienced severe munity will model the latest chic attire anxiety, 23 percent had mild or moderate • $2,247,000 for injury or death claims anxiety and 6 percent reported serious against a state body that involve a single from local clothiers at the annual OWLS suicidal thoughts in the past year claimant. The old limit was $2,181,600; Fashion Show, a family-friendly event scheduled from 4-7 p.m. on Thursday, • $4,494,000 for injury or death claims Aug. 1, at the Multnomah Athletic Club 14% against a state body that involve multiple Reported use of some prescription drug (1849 S.W. Salmon St., Portland). without a prescription in the prior 12 claimants. The old limit was $4,363,100; Purchase tickets ($20) for the event, months. Use of marijuana and cocaine • $749,000 for injury or death claims appears to have increased since a 1991 a benefit for Dress for Success Oregon, at against a local body that involve a single survey tinyurl.com/2019DressForSuccess. claimant. The old limit was $727,000; This fall, the Bulletin will devote an entire • $1,498,000 for injury or death claims Picnic at Judge Leavy’s issue to the topic of lawyer well-being. against a local body that involve multiple Farm Set for Aug. 4 If you need help now, reach out to the claimants. The old limit was $1,454,300; Oregon Attorney Assistance Program at The U.S. District Court of Oregon (503) 226-1057 or (800) 321-6227, or • $122,000 for property damage or Historical Society will hold its annual visit www.oaap.org. destruction claims against a state or local summer picnic from 1-4 p.m. on Sunday,

JULY 2019 • OREGON STATE BAR BULLETIN 7 Quotable “I think students walk away with a much stronger appreciation July 2019 of the challenges people who are dealing with addiction face Editor Gary M. Stein from employment, staying clean and sober, getting treatment, Associate Editor Michael Austin housing. I think they are surprised how the judges are often not Publisher Anna Zanolli finding someone guilty or innocent, but trying to help with the Art Director Sunny Chao power that the law gives them.” OSB President — Lakeridge Middle School teacher David Finkelman, whose Christine R. Costantino, Portland eighth-grade students attended a session of Multnomah County’s OSB President-Elect STOP (Sanctions Treatment Opportunities Progress) Court during Liani JH Reeves, Portland a trip organized by the Classroom Law Project. OSB Immediate Past President Source: Lake Oswego Review (May 23, 2019) Vanessa A. Nordyke, Salem Board of Governors Colin Andries, Portland John R. Bachofner, Vancouver, Wash. Whitney P. Boise, Portland Rock Out at ‘Battle p.m. at the Kennedy School (5736 N.E. Jenny Cooke, Portland of Lawyer Bands’ 33rd Ave., Portland). Judges from the le- Katherine Denning, Salem Bands comprised of at least one Or- gal community will decide the winner at Eric R. Foster, Medford egon lawyer will compete for the title the end of all the performances; crowd ap- Kamron Graham, Portland of “Best Oregon Lawyer Band 2019” on plause and interaction will be one of the John E. Grant III, Portland Tuesday, July 25, when the Multnomah criteria, and an Audience Choice prize Robert J. Gratchner, Wilsonville Bar Association hosts the 2019 Battle of will also be awarded. Bik-Na Han, Hillsboro the Lawyer Bands. The suggested donation to attend is Joseph Hesbrook, Bend The event, a fundraiser for Mult- $10. For more information, visit tinyurl. Eddie D. Medina, Beaverton nomah CourtCare, will be held from 7-9 com/BattleOfLawyerBands.n Thomas C. Peachey, The Dalles Julia C. Rice, Salem Michael Rondeau, Roseburg Traci Rossi, Portland David Wade, Eugene

Editorial Advisory Committee Craig A. Crispin, Portland Pete Meyers, Portland Christine Moses, Lake Oswego Judith A. Parker, Portland Julia C. Rice, Salem Elizabeth A. Rosso, Lake Oswego Carol DeHaven Skerjanec, Vale Teresa A. Statler, Portland Sara L. Urch, Salem

Chief Executive Officer Helen Hierschbiel

Communications Director M. Kay Pulju

Copyright © 2019 the Oregon State Bar. All rights reserved. Requests to reprint materials must be in writing.

8 OREGON STATE BAR BULLETIN • JULY 2019 BAR COUNSEL

New Position Guides the OSB’s Disciplinary Board

The Adjudicator’s First Year By Mark A. Turner

I have met the current Presiding From my experience so far, having to Disciplinary Judges from each state, and prepare a trial panel opinion could pres- they have reported that the implementa- ent a weighty challenge to a volunteer tion of this system has been successful in lawyer who is also practicing law full time. both jurisdictions. Assigning the responsibility to the Adju- dicator should make serving on the Disci- A Range of Responsibilities plinary Board less burdensome. From the perspective of the average Under the prior system, opinions were Oregon lawyer, the biggest change to our sometimes delayed due to the press of process is that the Adjudicator now chairs other business. Having the Adjudicator every trial panel unless successfully chal- author opinions is expected to result in lenged for cause.2 The Adjudicator helps timely completion of trial panel opinions decide these cases jointly with an attor- without the need for extensions of time. ney member and a public member of the The OSB Rules of Procedure (Rules Disciplinary Board who are from the same of Procedure or BR) require the opinion region as the respondent lawyer (formerly to be issued within 28 days of completion referred to as the “accused”). of the trial process, which usually means The Disciplinary Board members serve when the transcript is settled. My goal iStock.com/teguhjatipras as volunteers. The Adjudicator makes all is to issue every opinion within the time pretrial rulings, presides over the trial and allowed.3 n Jan. 10, 2018, I was honored authors all trial panel opinions when vot- The Adjudicator also chairs appointed to be appointed by the Oregon ing with the majority. trial panels in reciprocal discipline pro- Supreme Court as the first Adju- O This last change, having the Adjudi- ceedings (BR 3.5), in probation revoca- dicator for the Oregon State Bar’s Disci- cator author all trial panel opinions when tion hearings (BR 6.2) and in cases where plinary Board. The Adjudicator serves as the Disci- plinary Board’s presiding officer. This pro- My goal has been to manage the disciplinary process fessional position was created as part of a number of changes recommended by the as efficiently as possible while never forgetting that OSB Board of Governors in 2016 to im- prove the efficiency and outcomes of the fairness and due process take precedence. Every OSB disciplinary system. respondent lawyer is entitled to their day in court. The Oregon Supreme Court adopted the changes in 2017.1 Only two other states, Colorado in the majority, may be the one that af- the respondent lawyer has been defaulted and Arizona, have a similarly organized fects members of the Disciplinary Board (BR 5.8). These proceedings all result in a disciplinary system. In those states, the the most. written trial panel opinion as well. presiding officer is called the “Presiding Prior to the new system, the chair of the The Adjudicator now presides indi- Disciplinary Judge.” The Colorado sys- trial panel was one of the volunteer law- vidually over interlocutory suspensions tem has been in place for 20 years; in yers. This meant that a volunteer lawyer when a lawyer’s continued practice pend- Arizona, the first Presiding Disciplinary was responsible for drafting the trial panel ing trial presents an immediate danger Judge — who is still in the position — opinion, which could be lengthy and com- to the public (BR 3.1) and where inter- was appointed by the Arizona Supreme plicated, while maintaining a legal practice locutory suspension is sought based on a Court in 2010. and fulfilling client responsibilities. lawyer’s conviction for certain crimes (BR

JULY 2019 • OREGON STATE BAR BULLETIN 9 3.4). At present, the Rules of Procedure panel decision was to disbar the lawyer. My goal from the outset has been to leave proceedings to place a lawyer on in- The case is currently on appeal before the manage the disciplinary process as effi- voluntary inactive status based on mental Oregon Supreme Court. ciently as possible while never forgetting incompetency or addiction (BR 3.2) in The other two trials were held in De- that fairness and due process take prece- the hands of the Supreme Court, but a cember and the decisions were issued in dence. Every respondent lawyer is entitled proposed amendment to the Rules of Pro- early 2019. In both matters, the trial pan- to their day in court. I want respondent cedure, allowing the Supreme Court to el voted to dismiss the charges. attorneys to be able to present their best delegate that task to the Adjudicator, is In one, which involved charges of defense under the Oregon Rules of Profes- under consideration. unauthorized practice of law against an sional Conduct and Rules of Procedure. The Adjudicator approves all stipula- attorney admitted in other states who If, at the end of the day, even parties tions for discipline involving a six-month practiced in Oregon while his application dissatisfied with the results agree that they suspension or lesser sanction and orders for reciprocal admission was pending, the were treated fairly and respectfully, I will suspensions upon application of Disci- public member dissented from the major- have done my job. n plinary Counsel under BR 7.1 when an ity decision and found that the charges attorney fails to respond to requests for were proved. That case has been appealed Mark A. Turner is the Adjudicator for information or refuses to cooperate with by the bar. the Oregon State Bar’s Disciplinary Board. a bar investigation. In the other, which involved allega- Reach him at [email protected]. tions of dishonest conduct relating to First-Year Findings alterations made by the respondent to Endnotes Here is how the first year of the new standard employment forms, the dismissal 1. A helpful summary of those changes is system looks statistically: of the charges became final without an ap- found in the Bar Counsel column from the There were 54 formal complaints filed November 2017 issue of the Bulletin. peal by the bar. 2. The parties in disciplinary proceedings each in 2018. Five of these were disposed of by To date in 2019, we have held the have a single peremptory challenge to the an order of default, and the Adjudicator hearing on the New Zealand reciprocal dis- proposed attorney and public members of issued written opinions. Two proceed- cipline case and a trial in early April that a trial panel. They may also challenge these ings for interlocutory suspensions were panel members for cause. The Adjudicator is still open pending submission of written may only be challenged for cause. filed under BR 3.1. Both were resolved by closing arguments. Four opinions have stipulation to the suspensions without the 3. I can ask for an extension of time of up to been issued in default cases. Other cases set 90 days to finish an opinion by making a need for a hearing. for trial have been settled with stipulations request to the Adjudicator. I expect that if I Two petitions for reciprocal disci- for discipline or have been postponed. ever ask for one it will be granted. pline were filed that were resolved prior A single BR 3.1 petition (interlocu- to appointment of a trial panel, one be- tory suspension during pendency of dis- cause the respondent failed to answer the ciplinary proceedings) was set for hearing petition and one by stipulation. A third in April as well, but when the respondent petition was filed seeking reciprocal dis- filed an interlocutory appeal of an order Submitting Letters cipline based upon the Oregon lawyer denying a motion to dismiss the petition, being “stricken from the roll” in New the Supreme Court granted the respon- The Bulletin welcomes letters. They Zealand, the equivalent of disbarment dent’s request for an emergency stay. should be limited to 250 words. Prefer- here. This case was tried in January of ence is given to letters responding to this year and the petition, seeking disbar- Effective Changes letters to the editor, articles or columns recently published in the Bulletin. ment of the Oregon lawyer, was granted. Based on my experience since my ap- That decision has been appealed to the pointment, I believe the changes to the Letters must be original and ad- Supreme Court. system have been effective. dressed to the Bulletin editor. Unsigned or anonymous letters will not be pub- Disciplinary Counsel filed 22 peti- Pretrial matters are decided in a time- lished. (There are exceptions. Inquire tions for suspension pursuant to BR 7.1. ly fashion. We have kept pending cases with the editor.) Letters may not The Adjudicator granted 20 of these. The moving forward within the timelines set promote individual products, services remaining two were withdrawn when the forth in the Rules of Procedure, except for or political candidates. responding lawyers complied with their the rare situations where strict adherence Letters may be edited for gram- obligations. to the timelines would result in prejudice matical errors, style or length, or in The Adjudicator approved 30 stipula- to a party. Opinions have been issued on cases where language or information tions for discipline. Eight of these settled time as well. is deemed unsuitable or inappropriate after being set for trial. Four complaints for publication. Profane or obscene The biggest reason for success so far language is not accepted. were voluntarily dismissed by the bar. has been the stellar work of the Disciplin- Send letters to: Editor, OSB Bulletin, The Adjudicator presided over three ary Board Clerk, whose job is much hard- P.O. Box 231935, Tigard, OR 97281. trials in 2018. The first ended in default er than mine. I am truly grateful for the Or you may email them to editor@ based upon the respondent’s failure to ap- efforts of Cassandra Dyke during 2018, osbar.org. pear on the second day of trial. The trial and of her successor this year, Jerri Shay.

10 OREGON STATE BAR BULLETIN • JULY 2019 THE LEGAL WRITER

Twists and Turns of a Legal Document Require Better Formatting

Making Sense of Lists By Elizabeth Ruiz Frost

it can create an exception, and it can cre- lawyers, a poorly drafted proviso can mod- ate a condition subsequent. That ambigu- ify unintended portions of the provision ity can be dangerous in drafting. because they tend to reach back through When a proviso could create ambigu- the sentence. They can also disrupt the ity, sometimes the solution is as simple flow going forward, such that the drafter’s as swapping out provided that for a clearer intent is lost. word, like but or if. In the example below, I recall working on a provision in a the firstprovided that creates an exception, loan document that became so convo- and the second creates a condition sub- luted with exceptions and conditions sequent. Using clearer language for each that I had to chart it out to make sure it would help distinguish them. worked. It did, and a patient reader could Original: puzzle through it, but it didn’t have to be that way. Even if lawyers can squeeze The violation by Borrower of any more in with well-placed commas and covenant set forth in Article V hereof semicolons, a new sentence might do the that is not cured (to the extent capable trick better. of being cured) within ten (10) days of written notice thereof from Lender In these cases, where the proviso has become quite complex, a very long sen- shall be an Event of Default; pro- iStock.com/arthobbit tence can often be broken down into sub- vided, however, that if such De- fault cannot be cured within such ten paragraphs. In the revised version below, ists are common in the documents (10) day period, such cure period you’ll see the relationship between ideas that lawyers draft. Contracts in par- shall be extended for an additional is much clearer, and the sentences are each a more readable length. For the sake Lticular contain lists of things like sixty (60) days, provided that Bor- of the reader, I’ve selected a relatively conditions, exceptions and examples, rower is diligently and in good faith short example: though the concepts below would apply pursuing said cure to completion. beyond contract drafting. Sometimes, the Original: twists and turns in a document are long Revision: The Borrower shall not expend for enough and confusing enough that drafters The violation by Borrower of any Capital Expenditures during any should break them out into tabulated lists. covenant set forth in Article V here- fiscal year an amount in excess Did you know that there’s a right way of that is not cured (to the extent of $40,000,000; provided, how- to do that? capable of being cured) within ten ever, that (i) any shortfall during (10) days of written notice thereof any fiscal year may be added and Provisos from Lender is an Event of Default. carried over to the amount of Capi- Contract drafters try to contemplate However, if the Default cannot be tal Expenditures permitted under this every eventuality and draft each one into cured within the ten (10) day pe- section for the immediately succeed- their contracts. The result can be a whole riod, the cure period will be extended ing fiscal year only and (ii) to the lot of long and winding lists and provisos. for an additional sixty (60) days, extent that the maximum amount of A proviso is a phrase or statement that but only as long as Borrower is Capital Expenditures permitted un- is often indicated by the phrase provided diligently and in good faith pursuing der this Section 6.11 has been utilized that or provided, however. As Bryan Garner cure to completion. for any fiscal year (including, without writes in Legal Writing in Plain English, the A second problem with provided that limitation, any carryover), not more phrase provided that creates several prob- phrases is that they often yield long, than $10,000,000 of Capital Expen- lems. One problem is that the term can complex sentences. Those are harder for ditures availability in the immediately carry multiple meanings: It can mean and, readers to track. And more troubling for succeeding fiscal year may be utilized

JULY 2019 • OREGON STATE BAR BULLETIN 11 solely in the last fiscal quarter of the then current fiscal year.

Revision: The Borrower will not expend for Capital Expenditures during any fiscal year an amount in excess of $40,000,000, with the following exceptions: (i) any shortfall during any fiscal year may be added and carried over to the amount of Capital Expendi- tures permitted under this section for the immediately succeeding fis- cal year only, and (ii) to the extent that the maximum amount of Capital Expenditures permitted under this section has been utilized for any fiscal year (including, without limitation, any carryover), not more than $10,000,000 of Capital Expen- ditures availability in the imme- diately succeeding fiscal year may be utilized solely in the last fiscal quarter of the then current fiscal year. The revised version is easier to pro- cess than the first. One very long block of text has been converted to three shorter blocks, and the relationship among and consequences of the provision’s subparts are clearer. Below, this article will delve deeper into formatting tabulated lists like the one in the revision. One final observation about provisos is that some drafters inadvertently create incomplete sentences with them. A sen- tence that begins with provided that is an introductory clause. As an introductory clause, it sets the scene for a main sub- ject and verb that will follow in another clause. It’s the opening act of a sentence. Thus, the introductory provided that clause can be part of a complete sentence, but only if it is followed by an independent clause. Without the independent clause, it’s a mere sentence fragment. Note the difference in the following examples: Example 1: Provided that Land- lord receives the Termination Notice by December 1, 2020.

Example 2: Provided that Lender receives the Termination Notice

12 OREGON STATE BAR BULLETIN • JULY 2019 by December 1, 2020, Landlord shall release Tenant of its obliga- tions under the Lease. In that first example, the action de- scribed sets the scene for what the land- lord will be required to do, but it is a sen- tence fragment. It is no different than an introductory clause that says, “after we have dinner,” or “once I win a million dollars.” They all await the real action in the independent clauses that follow.

Tabulated Lists Sometimes related items should be set forth in an indented, tabulated list, as they were in one of the revised examples above. Tabulating makes sense when two or more items are related and are connect- ed by an and or or. Sometimes separating those items out can make them easier to read. That be- comes even more helpful when a list is quite long. Tina Stark, a contract draft- ing expert, abides by the three-line rule: when a list in a sentence exceeds three lines of text, tabulation will likely aid the reader.1 Whether the list is short or long, set- ting items off in a new format can be a more effective way to draw attention to the items than tossing them into one long block of text. When setting off items in a list, remember the following rules about structure and format. Sentence Format One format for creating a tabulated list is the sentence format. In this format, the introductory text and each item on the list create complete, coherent sentences. You can check for coherence by reading the introductory text and the item together. If they sound incoherent, adjust. Example 1 — a coherent list The Tenant may terminate this Lease so long as Tenant delivers to Landlord (a) a written notice no fewer than 12 months in advance of the Early Termination Date, and (b) an early termination fee.

Example 2 – an incoherent list The Tenant may terminate this Lease so long as Tenant delivers to Landlord

JULY 2019 • OREGON STATE BAR BULLETIN 13 (a) a written notice no fewer than 12 months in advance of the Early Termination Date, and (b) Tenant must pay an early termination fee. In Example 1, you could read the in- troductory text plus part (a) and it would be a complete sentence without adding or removing words. Likewise, you could read the introductory text plus part (b), and it would be a complete sentence. Example 2 is incoherent because the in- troductory text combined with part (b) yields nonsense. In this format, each item in the list should begin with a lower-case letter. Think of each item as the middle of a sentence, not the beginning. To punctuate these lists, think of how each piece would be punctuated if it were a standalone sentence. The introductory text needs a comma at the end only if it would have a comma in a sentence. Note that the introductory text in Example 1 above has no comma because it would not have a comma if it were adjoined with (a) or (b) into a single sentence (i.e., one would write, “so long as Tenant delivers to Landlord a written notice…” but not “so long as Tenant delivers to Landlord, a written notice…” All but the last item in the list should end with a comma or semicolon. Either one can work, but the writer must be con- sistent. End the penultimate item with a comma or semicolon, followed by an and or or as appropriate. The final item should end with a period. Sometimes a list has concluding text that forms part of the sentence. If con- cluding text follows the list, it should be part of that coherent sentence. To test for coherence, read the introductory text, an item and the final text that follows the list. Do that for each list item. They should all form coherent sentences. And if including concluding text, omit the final period on the last item. See the example below: If the Landlord has received (a) Tenant’s Termination Notice at least 30 days prior to the Early Termination Date, and (b) a Termination Fee from Tenant, then Landlord shall permit Tenant

14 OREGON STATE BAR BULLETIN • JULY 2019 to terminate the Lease before the Termination Date. These provisions that include intro- ductory text and concluding text are of- ten more confusing than they have to be. The reader feels almost as though she’s holding her breath between the first half of the sentence and the end. Where pos- sible, try to rewrite the provision to avoid concluding text. List Format The list format is an alternative to the sentence format. In list format, the introductory text and the components do not form coherent sentences. A list for- mat usually begins with introductory text that uses the phrase the following or some similar iteration of the word follow. That introductory sentence must be an inde- pendent clause, followed by a colon. The list format can then proceed in two ways. One method is to begin each item with a capital letter and punctu- ate each item with a period. A second method is to begin each item with a low- er-case letter and end each item with a comma or semicolon. If using the second method, the penultimate item should end with the comma or semicolon, fol- lowed by an and or or as appropriate. The final item should end with a period. Examples of both methods are below. Example 1: A force majeure event includes the following events, without limi- tation: (a) An act of nature. (b) War, hostilities, invasion, act of foreign enemies, requisi- tion, or embargo. (c) Contamination by radio-ac- tivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. (d) Riot, commotion, strikes, go slows, locks outs, or disorder.

Example 2: A force majeure event includes the following events, without limi- tation: (e) an act of nature; (f) war, hostilities, invasion, act of foreign enemies, requisi- tion, or embargo;

JULY 2019 • OREGON STATE BAR BULLETIN 15 (g) contamination by radio-ac- tivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel; or (h) riot, commotion, strikes, go slows, locks outs, or disorder. Either way is appropriate, but a writer should choose one and stick with it. Un- less it will affect the meaning, a docu- ment’s lists should be capitalized and punctuated consistently throughout. Parallel Structure Whether using sentence format or list format, every item in a list has to be parallel. Whether listing three items or 100, check each component to ensure it is parallel in form and grammar to its co- parts. I see parallelism issues frequently in contract drafting and when writers draft a rule with multiple elements or factors. First, parallelism requires that a list’s subparts are consistent in structure. That is, if one part of the list is a phrase, then every part should be a phrase; if one part of the list is a sentence, then every part of the list should be a sentence. The ex- ample below lacks parallelism because it pairs a phrase (a) with a clause (b): A shopkeeper may be immune from a claim of false imprisonment if the shopkeeper: (a) has probable cause to believe the person is shoplifting; and (b) the detention is reasonable. Read all together without tabulation, this would have been an appropriate sen- tence. But as a tabulated list, this is not grammatically parallel. (Note, it’s also incoherent under the sentence format.) This can be remedied by making both subparts clauses that begin with a verb in a consistent tense: A shopkeeper may be immune from a claim of false imprisonment if the shopkeeper: (a) has probable cause to believe the person is shoplifting; and (b) detains the person reasonably. Not only must the items in a list be consistent in content, they must be grammatically parallel. Note the paral- lelism issue with the following example:

16 OREGON STATE BAR BULLETIN • JULY 2019 “Permitted Investments” means (b) a Termination Event has money market funds that occurred; (a) comply with the criteria set (c) Tenant has delivered a forth in SEC Rule 2a-7 under Termination Notice; and the Investment Company Act (d) Tenant has delivered of 1940, Termination Payment to (b) are rated AAA by S&P, and Landlord. (c) portfolio assets that total at Example 2 (subject and verb are least $5,000,000,000. delayed): Do you see it? This lacks parallelism Assuming the following condi- because subparts (a) and (b) start with tions are met, verbs, but subpart (c) starts with a noun. (a) the Early Termination Date Adding a verb into (c) that is consistent has passed; in tense with the other items on the list fixes the problem. (b) a Termination Event has “Permitted Investments” means occurred; money market funds that (c) Tenant has delivered a (a) comply with the criteria set Termination Notice; and forth in SEC Rule 2a-7 under (d) Tenant has delivered the Investment Company Act Termination Payment to of 1940, Landlord, (b) are rated AAA by S&P, and the Tenant may terminate the Lease. (c) have portfolio assets of at least $5,000,000,000. Conclusion Although these examples are all tabu- Many of the examples and much of lated lists, the same parallelism is required this advice may seem somewhat obvious of an untabulated sentence that contains to seasoned lawyers. I have faith that few a list. That is, writers must be aware of lawyers would sit down to write a provi- parallelism issues whether they’re drafting sion from scratch that lacked coherence The path to a contract or writing an essay. Sometimes or parallelism. But how many of us write a fulfillment these issues are easiest to spot when read- provision from scratch? ing aloud. What looks OK on paper to Drafting is an iterative process where begins with a tired eyes may stand out in speech. we add and delete and modify. In that Subject and Verb Placement cobbling of ideas, sometimes conflicts phone call. When possible, keep the main sub- arise between the old and new. I hope ject and verb together at the beginning these tips will help next time you edit or of the sentence, and then branch out comment on a draft contract provision. n from there. Contrast the following two examples. Elizabeth Ruiz Frost teaches Legal Re- The first writes the subject and verb right search and Writing and other courses at the at the outset. The second lists a bunch of University of Oregon School of Law. conditions but keeps the main subject and The OREGON ATTORNEY ASSISTANCE Endnotes verb a secret until the end. Example 2 has PROGRAM is here to help you through 1. Tina L Stark, Drafting Contracts: How and several sentence format issues, but chief any personal or professional issue – among them is the frustration a reader Why Lawyers Do What They Do, 266 (2d ed. 2014) confidentially and free of charge. will feel wading through a list of condi- tions without context. 503.226.1057 Example 1 (subject and verb are at 1.800.321.6227 the outset): Tenant may terminate this Lease,

assuming the following conditions OREGON ATTORNEY ASSISTANCE PROGRAM are met: helping lawyers, judges, and law students since 1982 (a) the Early Termination Date OAAP COUNSELORS: R SHARI R. GREGORY R DOUGLAS S. QUERIN R R has passed; BRYAN R. WELCH KAREN A. NERI

JULY 2019 • OREGON STATE BAR BULLETIN 17

OAAP_fillad_FULFILL_2019_1-6th pg_ vertical 18 OREGON STATE BAR BULLETIN • JULY 2019 Comments, Followers Friendsand

Government Social Media Accounts and the First Amendment

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By Randy Geller and Aaron Landau

iStock.com/bigtunaonline JULY 2019 • OREGON STATE BAR BULLETIN 19 ike many elected officials, President Trump relishes First is the “traditional” public forum, a place that “by long campaign rallies. But he reaches the electorate largely tradition or by government fiat” has been devoted to assembly via social media — and they reach back. Through com- and debate, like a sidewalk or a public park. Here, any content- Lmenting, tweeting and following, today the public can based restrictions are subject to strict scrutiny.1 participate in political discourse instantaneously. Second is the “designated” public forum, which consists of And Trump is far from alone; an increasing number of elected public property that is not a traditional public forum but which officials and public entities have taken to social media to inform, the government “has opened for use by the public as a place for engage and interact with the citizens they serve. But online en- expressive activity.” Like public forums, here content-based re- gagement by the government and elected officials raises many strictions are subject to strict scrutiny, with an important excep- difficult questions about free speech and government authority. tion: The government can open a designated public forum on a When a county official invites the public onto a Facebook limited basis — such as a school district meeting to discuss cur- page to share their views on a proposed library bond, must the riculum — and can limit speech accordingly, so long as the limi- official permit all comments, no matter the topic? If the site’s us- tation is reasonable and viewpoint-neutral. ers post falsehoods about county vaccination services, can the Third is the “nonpublic forum,” which encompasses govern- county remove those comments to preserve its public health mes- ment property that is not by tradition or designation a public fo- saging? If civil discussion is thwarted by a few users’ remarks about rum. This default category encompasses all other property owned an official’s religion, can those users be banned? or controlled by government, such as a classroom or a governor’s When public discussion takes place in the real world — parks, office. Here, the government’s power to restrict speech is broadest. sidewalks or town halls — courts answer such questions using the Many public forum disputes also implicate the doctrine of First Amendment’s public forum doctrine. However, that doc- “government speech.” The First Amendment limits the govern- trine rarely leads to clear or obvious answers. And as public dis- ment’s authority to restrict what others say, but it does not limit course has moved to the virtual world, it has become harder to the government’s authority to speak for itself. Thus, while the predict what courts will decide. government generally must remain viewpoint-neutral in restrict- For public officials and governmental entities, that uncertain- ing private speech, when speaking for itself the government is ty is problematic. A few recent cases, however, help shed light on entitled to say what it wishes and select the views that it wants the scope of government authority in the world of social media. to express. When both the public forum and government speech doc- The Public Forum Doctrine trines apply, they pull in opposite directions. Nowhere is that Modern public forum doctrine derives from the Supreme more likely than in government use of social media. Court’s 1983 landmark decision in Perry Education Ass’n v. Perry Local Educators’ Ass’n, which held that the government’s ability Twitter to restrict speech on property that it owns or controls depends on Many social media platforms exist, and their relative popular- which of three categories describes that property. ity changes rapidly. Today, government-associated social media accounts are most likely to be found on Twitter and Facebook. Twitter has more than 300 million active users worldwide, including some 70 million in the United States. Users post brief messages, called “tweets,” which are displayed sequentially on the user’s page.2 By default, a Twitter user’s page is visible to every- one, including those who are not Twitter users. But only another Twitter user can interact with the user via the platform.

20 OREGON STATE BAR BULLETIN • JULY 2019 Twitter’s interactive features are key to the notion that Twit- account, however, the court found that the interactive space for re- ter is, in part, a public forum. plies and retweets was not government speech and was therefore Twitter users can engage with each other in a variety of ways. susceptible to the forum analysis. Replies, the court noted, were A user can “retweet” others’ tweets, which then appear in the most directly associated with the replying user (plaintiffs) rather user’s own timeline. A user can also “reply” to another’s tweets, than the sender (Trump or Scavino). Moreover, the government just as one replies to a comment on a news article. maintains no control over the content of the reply. A user can “like” another’s tweet, or can “men- The court then asked: What kind of public forum is the in- tion” another user by including that user’s Twit- teractive space? ter handle in a tweet. Finally, users can subscribe to It found that the relevant factors — the government’s policy other users’ tweets by “following” their accounts. A and practice and the site’s nature and compatibility with expres- collection of replies and replies-to-replies is referred to as a sive activity — strongly supported the conclusion that the inter- “thread.” Such threads, which reflect multiple overlapping con- active space of Trump’s account is a “designated public forum.” versations, are what make Twitter a social media platform. It observed that the account was available for anyone to access For users who want to limit interaction, Twitter offers two (who had not been blocked); that it had expressly been held out tools: blocking and muting. A blocked user cannot see or reply as a means by which the president “communicates directly with to the blocking user’s tweets (among other restrictions) and will you, the American people!”; and that in general, “Twitter as a know that he or she has been blocked. A user can also mute an- platform is designed to allow users to interact with other user[s]” other account, which simply removes that account’s tweets from to, for instance, “petition their elected representatives and other- the muting user’s timeline. wise engage with them in a direct manner.” So is an elected official’s Twitter page a public forum? A U.S. The court therefore concluded that blocking the individual District Court recently answered that it can be — at least in part. plaintiffs as a result of the political views they expressed was im- In Knight First Amendment Inst. at Columbia Univ. v. Trump, permissible under the First Amendment. The government has the Knight First Amendment Institute (a Twitter user) and cer- appealed to the Second Circuit. tain individual users sued President Trump, White House Press Secretary Sarah Huckabee Sanders and White House Social Me- Facebook dia Director Daniel Scavino after the plaintiffs were blocked from Facebook has more than 2 billion monthly users worldwide, Trump’s Twitter account because they had posted tweets criticiz- including more than 200 million in the United States. Users can ing Trump or his policies. Plaintiffs contended that defendants’ post messages and photos, and respond to or share those of oth- actions had prevented them from exercising their First Amend- ers.3 Users can “follow” others’ pages, allowing them to see what ment rights to participate in a public forum. those users post and share, and can reply to others’ posts and com- There was no dispute that the political discussion at issue was ments. Like Twitter, Facebook allows a user to “ban” other users protected by the First Amendment. The dispute was instead over from its page. A user who is banned from a page can no longer whether and how the forum doctrine applied to three aspects of publish on that page or comment on the posts it contains. the @realDonaldTrump account: the content of the account’s Facebook is aware of its use in the political tweets, the timeline compiling them and the interactive space arena. In early 2017, it released a feature called associated with each tweet. “Town Hall” as a tool to help users find and con- The court began by finding that the governmental control- tact their government representatives and to in- or-ownership prong of the public-forum analysis was met. Al- crease users’ civic engagement on the platform. To though Twitter is a private company, the president and Scavino participate in Town Hall, an elected official’s page must exercised control over the three elements of the account. It also be categorized as “Politician” or “Government Official,” use a cer- concluded that the control they exercised was “governmental in tain template and accurately reflect the official’s current govern- nature” because “the president presents the @realDonaldTrump ment position. account as being a presidential account as opposed to a personal Use of Facebook by elected officials has led to a handful of account and, more importantly, uses the account to take actions cases in which a user was banned from an official’s page. InGer - that can be taken only by the president as president,” such as an- man v. Eudaly4, Mimi German was a political activist who at- nouncing official decisions and conducting foreign policy. tended Portland City Council meetings to offer testimony. Chloe The court then turned to whether application of the forum Eudaly, an elected commissioner, blocked German from her per- analysis was consistent with the purpose, structure and intended sonal Facebook page and posted a lengthy message about her tes- use of the account. First, the court found that the content of the timony. The post sparked a thread of comments from others, and Trump tweets is “government speech” not subject to public-forum Eudaly responded to some of them. Because Eudaly had blocked analysis. Second, the court found that the account’s timeline was German, she could not see or reply to these posts. not susceptible to forum analysis because it merely aggregated the German sued Eudaly, alleging that she had violated German’s content of all of the account’s tweets. As to the third aspect of the right to petition the government when she blocked German’s

iStock.com/metamorworks (L) and StockRocket (Top) JULY 2019 • OREGON STATE BAR BULLETIN 21 access to the page. But the court found that the facts did not As to state action, the court found it relevant that Randall establish state action by Eudaly because even though Eudaly had had included her official title on the page; categorized it as a “gov- discussed German’s testimony before the City Council, she had ernment official” page; listed as contact information her official done so on her own nonofficial page that “was not operated by a email and telephone number and the county’s website; addressed public agency or public employees and was not used for govern- many posts to the county’s constituents as a whole; posted on mental functions.” behalf of the county board; asked constituents to use the page In another recent case, Davison v. Randall,5 the elected chair as a channel for “back and forth constituent conversations”; and of a county board of supervisors created the “Chair Phyllis J. Ran- posted about official matters. dall” Facebook page. Randall also created and maintained two As to the forum analysis, the court found it relevant that Ran- other Facebook profiles: a personal profile and a page devoted dall had “intentionally opened the public comment section of the to her campaign. Randall used no designation for her personal chair’s Facebook page for public discourse,” inviting all county profile, but she classified her campaign page as belonging to a citizens to post comments. The court thus readily found that the “politician” and designated the chair’s Facebook page as a “gov- page constituted at least a “designated” public forum. Finally, the ernmental official” page. Randall and her chief of staff shared court concluded that Randall engaged in impermissible view- control over the chair’s page. point discrimination when she banned Davison’s account. Davison attended a town hall meeting that included the lo- A concurring opinion in Davison raised two important is- cal school board and Randall. There, Davison submitted a ques- sues regarding the extent to which governmental use of social media fits First Amendment jurisprudence. The first is wheth- tion implying that board members had acted unethically. Later, er an individual public official serving in a legislative capacity Randall posted about the meeting on the chair’s Facebook page. qualifies as a unit of government or a governmental entity for In response, Davison used one of his Facebook pages to com- purposes of the ability to open a public forum. The concur- ment on Randall’s post. Randall testified that the comment rence argued that the nature and extent of a public official’s contained accusations that board members had been “taking authority should bear on the official’s ability to open a public kickback money.” forum on social media. While the board of supervisors acting collectively could set policy, adopt ordinances and appropriate funds, the chair individually was empowered only to oversee meetings and set agendas. The record before the court was si- lent regarding the chair’s authority to take any official action on her own. In contrast, certain elected executive officials, under given circumstances, can conduct government business and set official policy unilaterally, including through the use of social media. Second, the concurrence argued that the interplay between private companies hosting social media sites and government actors managing those sites necessarily blurs the line regarding which party is responsible for burdens placed on a participant’s speech. For example, hate speech is protected under the First Amendment, but social media companies like Facebook and oth- ers have policies forbidding hate speech on their platforms. Thus, while a government official, who under color of law has opened a public forum on Facebook, could not ban a user’s comment con- taining hate speech, that official could report the hate speech

iStock.com/scyther5 to Facebook. Facebook personnel, carrying out Facebook’s own policy, could then ban the user’s comment, arguably circumvent- Randall banned Davison’s account from the chair’s Face- ing First Amendment protections. book page, which precluded him from commenting on the page while using that account. Although Randall soon reconsidered Advice and Practical Considerations and unbanned him, Davison sued for violation of his constitu- When it comes to social media, the law is rapidly changing tional rights, alleging unlawful viewpoint discrimination. The and always a step or two behind the technology. Nevertheless, district court, after finding that the chair’s Facebook page con- an ounce of prevention is worth a pound of cure, and the most stituted a public forum, held that Randall had acted under color recent cases provide a few useful principles — not only for public of state law in maintaining the page and banning Davison. The bodies and their officials, but also for members of the public who 4th Circuit affirmed. engage with the government and one another online.

22 OREGON STATE BAR BULLETIN • JULY 2019 First, a virtual interactive space can qualify as a designated public forum, even if it is part of a privately owned website like Facebook. By the same token, public officials’ actions with re- spect to a privately owned site can be actions taken under color of state law. Second, in light of the internet’s dynamic nature, whether a particular page or online activity constitutes a public forum — and therefore how the First Amendment applies to individuals’ rights and the government’s obligations — usually cannot be de- termined in a broad and categorical way. Social media platforms often consist of several distinct components, and any First Amend- ment analysis must consider how each component operates. Third, today’s public officials and government entities can help avoid uncertainty with respect to their obligations and the public’s rights by adopting a social media policy that comports with existing law, and then complying with that policy. The pol- icy should make clear what the entity’s social media efforts will consist of and whether it will treat a given website or account as one solely for communicating government information or one that will include interactive elements. It also should address any time, place and manner restrictions the official or entity intends to impose with respect to those interactive elements. Finally, both government and the participating public are best served when public officials maintain separate social media accounts for official business and personal use. Lawsuits in this context often can be traced to a blurring of the distinction be- tween actions that represent official policy and actions that rep- resent an individual’s personally held views, and much of that uncertainty can be eliminated simply by maintaining a distinc- tion between one’s personal and official social media activities. As interaction between electors and the elected increasingly moves online, such practices not only help prevent legal disputes, but also help protect our political discourse. n

Randy Geller is a shareholder at Harrang Long Gary Rudnick, where he represents public and private colleges and universities, as well as school districts and other governmental entities; he was the general counsel to the University of Oregon from 2010 to 2014. Aaron Lan- dau is also a shareholder at Harrang Long Gary Rudnick. His practice is focused on appeals of civil litigation and disputes of constitutional and public law.

Endnotes 1. The discussion in this paragraph is drawn in part from Perry, 460 US 37, 103 S Ct 948 (1983). 2. This description of Twitter is drawn in part from the U.S. District Court’s opinion in Knight First Amendment Inst. at Columbia Univ. v. Trump, 302 F.Supp.3d 541 (S.D.N.Y. 2018). 3. The discussion of Facebook is drawn in part from Leuthy v. LePage, 2018 WL 4134628 (D.Maine 2018). 4. 2018 WL 3212020 (D.Oregon 2018). 5. 912 F.3d 666 (Fourth Cir. 2019).

JULY 2019 • OREGON STATE BAR BULLETIN 23 Lessons

Above: Ilona Givens gathers in the with members of her Student Legal Services team on the Law University of Oregon campus in Eugene. From left: Givens, office manager/legal assistant Tina Simon, student Ely Cleland, Students Receive Expert Help student Karlie Donaca, attorney Rob Hamilton, student Emily from On-Campus Legal Services Fowler, student Siobhan Nolan and attorney Sal Catalano. Photo by Lucy Kleiner By Janay Haas

24 OREGON STATE BAR BULLETIN • JULY 2019 Lessons in the Law

raffic tickets, minors in possession, insurance claims, Most of the students Givens sees are low-income, she says. divorce and custody cases, tax issues, immigration Most are able to afford school only because they have loans, questions, bankruptcy, wills: Together, they sound like and dropping out of school often means they face another legal T the kind of work you’d find at many law firms in -Or problem as lenders demand repayment from students who don’t egon. But they’re also at the heart of a niche practice found on a have a degree that would allow them to earn enough to make variety of college campuses — one that is helping students suc- timely payments. ceed in school and beyond. The Student Legal Services program is also a conduit to law The University of Oregon, Oregon State University, Portland school for some students. “We have four positions for part-time State University and Southern Oregon University all dedicate work for undergraduate students,” Givens explains. They staff the a portion of student incidental fees to help students with legal reception desk; an office manager and legal assistant on staff help problems. The amount of funding varies, along with the range supervise their work. and types of services the schools offer. What doesn’t seem to vary, One of those students, Benjamin Eckstein, now practices with though, is how the lawyers who serve student populations feel Karnopp Petersen in Bend; he was hired by Student Legal Ser- about the work they do. vices as support staff as a sophomore. “These student jobs are one “I really love working with these students,” says Ilona Giv- of the added benefits they provide for students,” he says. ens, director of Associated Students of University of Oregon Stu- Working at Student Legal Services developed his interest in dent Legal Services. “They represent hope — they have plans, law, says Eckstein, who also served as president of the Associ- they have futures, even when they make mistakes.” ated Students of the University of Oregon before he graduated University of Oregon and headed to law school. He remembers several cases involv- Givens heads a full-time staff of three to serve the roughly ing aggressive police conduct, including one in which an officer 23,000 students at the state’s flagship school. Her colleagues are used a Taser gun on a foreign student who didn’t understand Rob Hamilton, who handles criminal cases, alcohol and driving his orders. violations, and personal injury questions; and Sal Catalano, who addresses landlord-tenant matters and consumer and employ- ment cases. Givens works on family law, personal injury and pro- bate issues. About a third of the caseload at UO is landlord-tenant issues, followed by minor criminal and family law issues. The office also handles name- and sex-change cases, copyright violations, cyber- bullying, expungements, trusts, wills and powers of attorney, and offers notary and document preparation assistance. At times, Student Legal Services has included an orienta- tion to American law for the school’s international students, and provided guidance to sororities and fraternities. It has also appeared at campus “housing fairs” to alert students to their rights. Givens estimates her office has about 2,000 student con- tacts every year. The UO program was one of the first in the nation, opening its doors in 1971. It is funded entirely from student incidental fees. Givens and her staff are independent contractors, seeking continuing funding through periodic proposals. Givens has been there since 1987. “I didn’t know it would be such a good fit,” she confesses. She maintains a small private practice, too. Givens sees the primary role of her program as student reten- The University of Oregon’s Student Legal Services staff has received tion: “We want students to be able to remain in school despite hundreds of thank-you notes over the years, Ilona Givens says. “They say their legal problems,” she says. She has seen the difference made, in essence, ‘I don’t know what I would have done without this service. I couldn’t have stayed in school.’” Photo courtesy of Ilona Givens she notes, when students who arrive in her office in despair leave with a sense that something can be done. And she has seen those students take action. There were numerous search-and-seizure issues too, Eckstein “They take notes as we talk. And they follow through,” she says, in which naïve students were “a little too helpful to law says, adding that she saves all of their thank-you notes. “They say enforcement.” He recalls one case in which a guest at a party in- in essence, ‘I don’t know what I would have done without this vited police to enter when they were not authorized by the renter service. I couldn’t have stayed in school.’” to do so.

JULY 2019 • OREGON STATE BAR BULLETIN 25 Lessons in the Law

The UO program discerned patterns in police misconduct Oregon State University that helped it protect the full student body as a result, Eckstein The approximately 24,000 students at Oregon State Univer- recalls, and Givens notes that the office was able to head off un- sity rely on another independent contractor, known as Access lawful conduct by large corporate landlords against student ten- the Law (accessthelaw.com), for their on-campus legal services. ants because of the volume of complaints the office saw. Indi- Its executive director is Marc Friedman, who, like Givens, also vidual lawyers in the community with one or two clients would maintains a small private practice. not have had the opportunity to see the pattern, she says. Friedman, who lives in Eugene, began practicing in 1989; he There are limitations to the services the University of Oregon started Access the Law as a reduced-fee nonprofit legal service for program offers, of course. the general community in 2010. “A student is eligible only after registering for the term and Like the University of Oregon, OSU uses paying the incidental fees,” Givens explains, although a case un- student incidental fees to cover its legal ser- derway during a term that will likely finish within 30 days will vices program. But because Access the Law stay in the office. The program doesn’t handle felony cases, and it exists outside the university as well, the pro- won’t take bankruptcies or other cases that arise in federal court. gram doesn’t feel as constrained by whether It doesn’t represent a student against another student, or a stu- a client has student status. It refers to and dent who plans to sue the university. It does not assist parents in accepts referrals from Oregon’s legal aid pro- custody disputes. But it does sometimes appear in court on behalf Marc Friedman grams, and takes on Chapter 7 bankruptcy of students who are tenants, negotiates settlements in landlord- cases on a sliding-fee basis. Two full-time at- tenant and employment cases, and provides full representation in torneys on the OSU campus, Noah Cham- misdemeanor cases. berlain and Yema Measho, work with Friedman. “We make lots of referrals to private attorneys all up and “At any given time, we have about 100 files open,” Friedman down I-5,” Givens says. “Many accept cases for reduced fees.” estimates, “with 130-140 new consultations per month.”

Director Richard Slottee chats with members of his Student Legal Services team outside Smith Memorial Student Union on the Portland State Univer- sity campus in downtown Portland. Clockwise from bottom left: office manager Hannah Taube, paralegal Laura Boughton, Slottee and lawyers April Kusters, David Sorek and Shalini Vivek. Photo by Gary M. Stein

26 OREGON STATE BAR BULLETIN • JULY 2019 Lessons in the Law

Landlord-tenant problems are the most common issue seen on campus, Friedman says, “although we joke that if our teams are doing well, there are more parties, so then we see more minor criminal cases.” Contract law is sometimes in play too: How does a student move out of a sorority or fraternity house after a signed commitment to stay for the full school year? How does a student collect on renter’s insurance when the apartment building has burned down? The OSU program offers a seminar every fall for fraternities and sororities called “Don’t get busted!” It also hosts information sessions for foreign students and other presentations on student rights, and has a veterans clinic staffed by pro bono attorneys once a month. Access the Law has a smaller presence at Lane Community College too, where it bills by the client rather than maintaining an on-campus office. At the community college, where students tend to be older, Friedman says he sees more divorces than any- thing else. But landlord-tenant issues are significant there as well. “We provide a necessary service” for students who have little or no experience with the justice system or the law, Friedman says. John Alan Hulbert, a former Southern Oregon University student and now a college staff member, meets on campus with lawyer Alexis And he agrees with Givens: “I really like working with students.” Packer. Packer spends about six hours a week at SOU, dispensing legal advice and providing document review services. Portland State University At Portland State University, the Student Legal Services pro- Photo courtesy of Alexis Packer gram provides free legal advice and representation to more than 27,000 students who are dealing with everything from landlord- “I had safety-related issues for myself and my two children tenant, consumer, bankruptcy and family law issues to expunge- and needed to get divorced immediately,” Shapiro explains. “Stu- ments, name and gender changes, criminal defense and cases in- dent Legal Services connected me with other resources on cam- volving personal injury or inter-personal violence. Services can pus (that were) able to get a one-bedroom dorm for me and my range from one-time consultations to court representation (both children. This was a huge life event. I am forever grateful for the state and federal), depending on the type of case and available services I received on campus.” resources. In addition to providing legal services, the program’s staff at- The program was launched in 1975 by PSU’s student govern- torneys make presentations on a variety of topics throughout the ment in recognition of the need for students — many of whom year. Recent presentations have included “High Expectations, are non-traditional and encompass a broad range of ages — to Cannabis 101,” “Background Checks and Interviewing Tips,” have access to affordable legal services. “Immigrant Families: What’s your backup plan?” and many more. Richard Slottee, the program’s director and managing attor- The program also partners with volunteer attorneys to provide ney, has supervised Student Legal Services at PSU for the past informational workshops, including “Renters’ Rights” and “Life four years, working alongside staff attorneys April Kusters and of a Student Loan.” Shalini Vivek. Because of an increase in the need for criminal “It’s one of the best parts of the job,” Kusters says. “We not defense and pre-arraignment advice, the program recently added only see a diverse range of clients and cases, which keeps it an David Sorek as a staff attorney, expanding the scope of services. exciting law practice, but we also can participate in educational Unlike at other institutions, the staff are full-time employees of opportunities for students.” PSU and do not have private practices. Because of the demand for Student Legal Services attorneys The program also utilizes three immigration lawyers to offer to provide mentorship to students, the PSU office offers intern- free weekly consultations on campus. Other staff include a full- ships every term. It also runs a free program called Explore the time paralegal and an office manager, three part-time student law Law, which Vivek says is designed to “provide information about clerks and several student employees and volunteer interns. the legal field so that participants can make a considered decision “Student retention, success and education are the goals of our if they want to pursue a legal career.” program,” Slottee says. “We serve over 700 student clients a year, The Explore the Law program, which is supported by the often trying to address the problem before it gets out of control Oregon State Bar and the Multnomah Bar Association, allows and affects the student’s education.” students — particularly those from underrepresented communi- That was certainly the case for former PSU student Leanne ties — to participate in panels and workshops that provide infor- Shapiro, who says that without Student Legal Services, “I would mation on how to get to law school, what to expect during law have, without a doubt, had to leave school.” school and what to expect after law school as a legal professional.

JULY 2019 • OREGON STATE BAR BULLETIN 27 Above: Portland State University’s Student Legal Services team includes Director Richard Slottee (from left) and attorneys April Kusters, David Sorek and Shalini Vivek. All are PSU emplyees. Photo by Gary M. Stein

Slottee says many attorneys and judges have volunteered their time as mentors for Explore the Law participants. The pro- gram has been successfully running for nine years, and last year was able to award scholarships to the students.

Southern Oregon University In Ashland, then-new solo practitioner Alexis Packer con- tracted with Southern Oregon University in 1995 to provide advice and document review services for students. At the time, she says, “I did it because the regular income could pay the over- head at my practice.” And she’s still doing it — even as SOU’s enrollment has grown from about 4,000 students in 1995 to more than 6,000 today. Packer typically visits the SOU campus for six hours a week during the regular school year, scheduling half-hour appoint- ments; she plans for a lighter load during summer term. Like the other providers of student legal services, she sees a mix primarily

28 OREGON STATE BAR BULLETIN • JULY 2019 Lessons in the Law

of landlord-tenant, minor criminal and family law issues. With her private practice now well-es- tablished, Packer says her reason for work- ing with college students has changed. “My colleagues think I’m crazy” for continuing with this relatively low-paying work, she says, but she knows it’s worth it. “I get great satisfaction,” she says, “from helping young people think through their problems and come up with solutions.” n

Janay Haas is the author of “Using Small Claims Court in Oregon” and “Oregon’s Legal Guide for Grandparents.” A frequent contributor to the Bulletin, she also served as contributing editor of the OSB’s “Legal Is- sues for Older Adults.” Reach her by email at [email protected].

JULY 2019 • OREGON STATE BAR BULLETIN 29 PROFILES IN THE LAW

Promoting Social Justice Fuels Darcy Norville’s Legal Career

A Passion for Empowerment By Cliff Collins

local legal aid office. As an undergradu- ate in political science at California State University, Chico, she observed “how much the clients were needing help.” “That was my first influence in law,” she says. Norville took classes connected to her legal aid role, and by the time she enrolled in the University of California, Berkeley, School of Law, she knew it was the direction she would follow after obtaining her J.D. degree. She spent the first seven years of her career working in legal aid. Her first law job was with Evergreen Legal Service in Longview, Wash. She practiced with Evergreen for five years, the majority of the time in the service’s Vancouver, Wash., office. She then worked for two years with Multnomah Tonkon Torp Managing Partner Darcy Norville has been honored by the Portland Business Journal County Legal Aid. as one of its 2019 Women of Influence. “What I tell young lawyers,” she says, “is do what you In 1991, Norville was one of the care about.” Photo by Jaime Valdez founders of the Campaign for Equal Jus- tice. Since then, she has chaired various “ egal aid is in Darcy’s blood.” nity leaders who have had a profound Campaign committees, has been a state- That’s how Maya Crawford Pea- and lasting impact on the Portland met- wide co-chair of its annual fundraising L cock describes Darcy Norville, ropolitan area. That’s certainly true of efforts and, for the past several years, has whose decades of civic leadership and Norville, who has been managing partner been a member of the board of directors. community involvement were honored of Tonkon Torp since July 2015. Among In addition, she has promoted legal aid in her own firm and, as a leader in the com- this spring when the Portland Business other things, she is a strong supporter munity, to other firms. Journal named her one of its 2019 Women of the Oregon Law Foundation, serves of Influence. on the Multnomah Bar Association’s “One of the things critical to our suc- “She understands deeply that in order board and is president of the board of the cess has been attorneys in the private bar who are supportive of equal justice. She to maintain the integrity of our system of YWCA of Greater Portland. justice, it must be accessible to everyone,” is that,” Crawford Peacock says. “She’s says Crawford Peacock, who serves as the “What I tell young lawyers is, do what been involved from the beginning. She executive director of the Campaign for you care about,” because in doing so, you has been a significant donor from the be- Equal Justice. “She is committed to do- will be able to have the best effect in the ginning, which is important to us, but she ing her part to make this goal a reality. areas you’ve chosen, she says. “I really also is a stalwart volunteer.” Darcy has been instrumental in building a care about empowering women and mi- Sherrill A. Corbett, a partner with culture of support for equal justice among norities.” Tonkon Torp who has worked with Oregon lawyers.” The roots of Norville’s commitment Norville for 20 years, says Norville has The annual Women of Influence to social justice were planted in her college shown that same commitment in every- awards recognize business and commu- years, when she began volunteering at the thing she does.

30 OREGON STATE BAR BULLETIN • JULY 2019 is now called Disability Rights Oregon, where she represented seniors, low-in- come individuals and people experiencing disability. She spent seven years there as litigation director before moving in 1998 to her current employer. “I was looking for opportunities to learn to do something different,” she says, when she heard “good things” about Tonkon Torp and discovered that the downtown Portland firm was hiring. She has been there ever since. During her tenure, Norville has served on Tonkon Torp’s hiring committee, chairing it for a time. In 2004, she found- ed the firm’s diversity and inclusion com- mittee, which she has chaired since its in- ception; her idea, she says, was to “create a forum for what the firm needed to do” to recruit and retain people from diverse backgrounds. Darcy Norville and her husband, Ira Zarov, enjoy traveling around the globe. Their son lives in Beginning in 2005, she served on the Lisbon, Portugal, which is where this photo was taken. Photo courtesy of Darcy Norville firm’s managing board for a decade, then assumed the post of managing partner. Among the key moves she has made in that position: She recently led the firm through a process of defining its strongest business opportunities and growth poten- tial, leading to an updated and clarified strategic plan, including a complete re- branding. Her colleagues say Norville’s leader- ship role in attracting new partners and lateral hires has brought new energy and enthusiasm to Tonkon Torp. “The people she’s recruited” have helped “make this an exciting place to work,” says Anna Sortun, a partner and co-chair of the litigation department. Sortun also notes that under Norville’s leadership, “revenue is higher than it’s ever been.” Explaining the need to rebrand the firm, Norville says, “The genesis of that Travel is high on the list of extracurricular activities for Tonkon Torp Managing Partner Darcy Nor- was exemplified by a comment that ville and her husband, Ira Zarov. Here the couple pose for a photo with young residents in Kyoto, Tonkon Torp is the best law firm that no Japan. Photo courtesy of Darcy Norville one knows about. Its image was dated and no longer represented the subject matters “Darcy has been a strong, positive role “As one of the few female managing and industries we practiced in.” model for women lawyers at Tonkon and attorneys in the state,” she says, “Darcy “We were stuck in the 1970s view of sets herself apart by her active mentoring is a trailblazer who also creates a pipeline what we did then,” she says, such as bank- and commitment to growing the diversity for other women leaders to follow in her ing, securities and corporate work. of our firm,” Corbett says. As the firm’s path.” The firm was active in many other first female managing partner, “Darcy has areas but not well-known for those, Nor- blazed a path that can be followed by gen- Updating Tonkon Torp’s Image ville says, such as representing and ad- erations of younger women attorneys.” After seven years as a legal aid at- vising early-stage and growth companies Crawford Peacock concurs. torney, Norville went to work for what and those in technology and bioscience

JULY 2019 • OREGON STATE BAR BULLETIN 31 Share BarBooks™ with sectors, in the food and beverage industry Share this active member benefit your legal staff and, more recently, cannabis companies. with your summer associates, legal “We needed a fresh, up-to-date look of assistants, paralegals and other how we present ourselves to the public,” support staff. Staff subscriptions she says. That included a new logo and are $50 per year. Visit the OSB website that better represent “who we are Legal Publications web page for and how we do it.” forms and more information: Norville’s own practice focuses on general business and corporate law. She www.osbar.org/legalpubs works with clients in the insurance and fi- nancial services industries on a wide vari- ety of issues, including regulatory compli- ance, privacy laws, contract drafting and general corporate matters. Her specialty areas center on employ- ee benefits counsel, ERISA compliance and executive compensation. She regu- larly designs and drafts incentive compen- sation plans, equity-based compensation plans, nonqualified deferred compensa- tion plans and executive agreements. She also provides ongoing legal advice and counsel about the establishment, mainte- nance, administration and termination of clients’ employee benefit plans. “I’ve greatly enjoyed being a trusted adviser to my business clients,” Norville says, “helping them understand their business needs and how it fits into the whole picture of their success, and solv- ing complex problems and making it un- derstandable.” Norville is married to Ira R. Zarov, retired former executive director of the Oregon State Bar’s Professional Liability Fund, whom she met after moving to Port- land when they both were working in legal aid (albeit for different agencies). Travel is high on the couple’s list of off-duty ac- tivities. Their son lives in Lisbon, Portugal, and Norville has a brother in Paris. Nor- ville and Zarov also enjoy trips to Camp Sherman, playing golf and hiking. The “good things” Norville heard about Tonkon Torp before she began working there — including the firm’s “collegial culture” and commitment to community service — turned out to be true then and still are, she says. “The firm genuinely, strongly supports and encourages pro bono work of what- ever type our attorneys are interested and engaged in,” says Norville, who person- ally accepts clients for Legal Aid Services of Oregon’s Roseburg office, taking cases that don’t require court appearances and can be handled remotely.

32 OREGON STATE BAR BULLETIN • JULY 2019 To more formally recognize individual attorneys’ contributions, Tonkon Torp recently instituted an annual Don H. Marmaduke Pro Bono Service Award, Juvenile Law: named after one of its founding partners who was a champion of pro bono work. Delinquency “The breadth and depth of the firm’s 2019 Edition engagement and commitment to com- Preorder now with coupon munity service are very real and meaning- code JUVLAW2019 ful,” Norville says. “Our attorneys have and save 10%. founded nonprofits and devoted signifi- cant amounts of time to a huge variety of www.osbar.org/publications community organizations.” n

Cliff Collins is a Portland-area freelance writer and frequent contributor to the Bulletin. Reach him at [email protected].

Be an Author

The Bulletin is always on the lookout for quality manuscripts for publication on these pages. We publish articles on a wide variety of subjects and favor such topics as access to justice, legal funding, judicial independence, diversity in the profession, professionalism and future trends. We also publish columns on ethics, practice tips (in specific areas of law), law practice management and legal history, as well as essays on law and life. The editorial staff ­welcomes inquiries and is happy to discuss requirements for publication. If you have a manuscript, suggestion or idea, contact Editor Gary M. Stein at (503) 431-6391. He can also be reached by email at [email protected].

JULY 2019 • OREGON STATE BAR BULLETIN 33 Years of30IOLTA Dozens of people gathered for a reception at the Oregon Historical Society in Port- land on May 21, when the Oregon Law Foundation (OLF) celebrated Leadership Banks and 30 years of mandatory Interest On Lawyer Trust Accounts (IOLTA) in Oregon.

The IOLTA program has generated more than $37 million in grants for programs that provide civil legal services to Oregon’s most vulnerable populations. The OLF can only do this important work, Director Judith Baker says, because of a partnership with banks and credit unions that generously pay above-market rates on IOLTA accounts and lawyers who know that where they bank matters.

Many of the OLF’s grantees and representatives of Leadership Banks were in at- tendance at the reception. Also present were Oregon Attorney General Ellen Rosen- blum, Oregon State Bar President Christine Costantino, Oregon State Bar CEO Helen Hierschbiel, OLF Board President Elisa Dozono and Oregon Banker’s Association CEO Linda Navarro.

To see a complete list of OLF Leadership Banks, go to www.oregonlawfoundation. org. “If you have your IOLTA account at one of these financial institutions, thank them,” Baker says. “If not, now is a great time to move your account.”

4 5

3 8 9 2

1. Robert Countryman and Kevin McHargue were among the guests at the “Thirty Years of IOLTA” celebration. Countryman is market president for First Interstate Bank; McHargue is executive director of St. Andrew Legal Services. 2. Oregon Attorney General Ellen Rosenblum (center) poses for a photo with OSB President Christine Costantino (left) and OSB Chief Executive Officer Helen Hierschbiel during the May 21 event. 3. Mark Wada, a partner at Farleigh Wada Witt in Portland, was among the dozens of attendees at a May 21 event celebrating “Thirty Years of IOLTA.” 4. Linda Navarro, CEO of the Oregon Bankers Association, talks about 1 the role Leadership Banks play in helping the Oregon Law Foundation provide civil legal services to Oregon’s most vulnerable populations. 5. Kerry Kymchuck, executive director of the Oregon Historical Society, holds up a letter from Abraham Lincoln during his opening remarks at the “Thirty Years of IOLTA” reception. 6. Stephanie Cannon is a vice president and relationship banking officer with Pacific West Bank, one of the financial institutions that pay above-market rates on IOLTA accounts. 7. Caroline van der Harten enjoys the “Thirty Years of IOLTA” event. She is the director of SOAR Immigration Legal Services, a program of Ecumenical Ministries of Oregon. 8. Kristen Connor, Valerie Colas and Amy Miller chat during the Oregon Law Foundation’s “Thirty Years of IOLTA” event at the Oregon 6 7 Historical Society in Portland. Connor and Colas are both OLF board members; Connor is senior vice president and community impact officer for Heritage Bank, while Colas is with the Oregon Judicial Department. Miller is the executive director of Youth Rights Justice. 9. The Honorable Julie Frantz, a retired Multnomah County judge, shares her thoughts at the “Thirty Years of IOLTA” event. She was on the OLF board when IOLTA became mandatory in Oregon 30 years ago. 10.Lane Shetterly, a partner at the law firm Shetterly Irick and Ozias in Dallas, performs a song at the “Thirty Years of IOLTA” reception. Shetterly represented Oregon’s 23rd District for seven years in the state Legislature, including a stint as speaker pro tem of the House.

All Photos By Jonathan House 10 LEGAL PRACTICE TIPS

Social Media Missteps Can Be Your Client’s Downfall

Perils of Oversharing By Sharon D. Nelson, John W. Simek and Michael C. Maschke

engagement to help them protect them- negotiating position or to gain any per- selves. Think of it as a “Do Not Do List.” ceived upper hand in the process. This of- ten includes breaking the law. Accessing Stop Social Media a password-protected account of the other We live in an extremely over-shared party, especially when there is an expecta- world, where people often feel compelled tion of privacy, should be discouraged at to post videos and pictures of everything all costs. There are legal routes to get the they do, believe in or feel at any given same information and they should always moment. That means social media can be the paths taken. be a goldmine of information for oppos- Some examples of accounts that ing attorneys. Too often clients post in- should never be accessed include the oth- formation that may be harmful to their er party’s: case, such as the picture of their most re- • New (non-marital) bank account, cent blind date to a local winery or their credit card account, loan records spur-of-the-moment extravagant trip to or stock trading account; Bali for a little “R&R.” Surely your client will be asked about these should oppos- • Personal or business email ing counsel get hold of them, and instead accounts; of just being innocent posts that were • Social media accounts, such as iStock.com/TeaGraphicDesign shared, your client is now labeled an adul- Facebook, Instagram, Snapchat terer, a drunk and accused of hiding assets and Twitter; and awyers know from personal experi- — after all, how could they afford that • Apple iCloud accounts. ence how consuming technology luxurious trip and with whom did they go? It is always better to obtain informa- can be. And they know how easy L The best technological advice you tion legally — and to keep your client out it is to overshare on social media, click can give your client is to stop using their of hot water with the judge and the law. on something they didn’t mean to or say social media accounts entirely. It may be And no, the “accounts are shared” excuse something foolish without thinking about hard, but common sense is often a casu- is not a get-out-of-jail-free card. Your cli- the consequences. Your clients are no dif- alty of the divorce process and quitting ent better have a good criminal defense ferent in their reliance on technology, cold-turkey may be the best thing they attorney on speed-dial if they opt to ig- but their missteps can be magnified when can do to help their case. Many social nore these warnings. they are going through a divorce — one of media providers such as Facebook and In- the most emotional and stressful periods stagram have options to disable — rather Be Careful With Devices of their lives. than delete — accounts, so that after the Same thing goes for stealing or “bor- Clients’ technology, especially their divorce is finalized or the ink has dried on rowing” a personal device of the other use of social media and text messaging, the settlement papers, your client is free party to have it analyzed by a digital fo- tend to become part of the divorce and to post again, however unwise their posts. rensics company or private investigator. discovery process. Throw into the mix a And so long as you disable or deactivate Again, there is a right way and wrong way soon-to-be ex-spouse, a hotly contested an account rather than delete it, you will for your clients to do this. As their attor- divorce, custody battles and maybe the not face accusations of spoliation. ney, you can request the devices and in- involvement of third-party lovers, and formation contained on them through the you have the ingredients for an explosion Stay Away From Accounts discovery process, via a subpoena or court that you will not want to sort out before Speaking of common sense: Clients motion. But having your client steal the a judge. are often willing to go to immeasurable devices in the dead of night to have them Happily, there is advice that you lengths to get information on their soon- covertly inspected (or worse, installing can give your clients at the onset of the to-be ex-spouse to help strengthen their spyware) should never be an option.

36 OREGON STATE BAR BULLETIN • JULY 2019 Having said that, there is no restric- only can your spouse track your loca- tion for making a forensic copy for preser- tion within a few feet, but any messages, vation purposes. You just can’t go snoop- emails, photographs, videos and other ap- ing around before getting court approval plication data may be accessible to them or agreement of the device owner. as well — especially if the iCloud account While any respectable digital forensics is being used on multiple devices. If your company would immediately inform your client uses an Apple iPhone, iPad or Mac client of the limitations of the work they computer system, we recommend that can legally perform, your client is better your clients disconnect any previously off being educated beforehand. Generally, configured iCloud account and create a a marital device can be forensically (and new one for their new life. They can ac- legally) copied or preserved, but that may complish that through the settings of their be all that can be done at that moment device or through the icloud.com website. without further authorization from the One of the more interesting scenarios court to access password-protected mate- that we have encountered involved a cli- rials. The marital device can be forensi- ent who used a Google NEST security cally imaged in the same way that either camera installed at a jointly owned rental party could legally make a backup of the property to monitor their soon-to-be ex- device or its data. But if one party has a spouse. The former spouse was allegedly password-protected email or any other dating the renter. The monitoring led the sort of account on the marital computer, client to catch their spouse committing the laws protect the privacy of that data. adultery, which they thought would lead Installing spyware, cracking or guessing to a quick resolution and settlement of the passwords — all of that is not permitted. divorce. Instead, there were more head- Shopping around for someone to get aches for the client — including another you “all of the data” from a device, regard- civil suit and a pending criminal investiga- less of its legal protections, will only lead tion — in addition to the divorce matter. to more problems, including inadmissibil- Was it worth it? The client probably ity problems and, yes, possible criminal doesn’t think that now. charges. While attorneys can explain any If you don’t know the legality of your state-specific “gray areas” to their clients, client’s actions, it certainly wouldn’t hurt the best advice is to respect the privacy of to err on the side of caution, saving them password-protected data unless there is an future self-inflicted heartburn. agreement with the other party to grant access or a court order authorizing access. Revenge Is Not the Answer In the realm of divorce, spyware, hack- Not every divorce is desired by both ing, interception of communications and parties, of course. Sometimes, your cli- electronically monitoring someone’s ac- ent’s hand is forced by the actions of tions are often used and should always be the other party. But one thing that your avoided. Your client should never install spurned client should not do is take re- software on a computer system or mobile venge — either physically or online. That device to monitor a former (or soon to- said, we have seen a significant rise in be-former) spouse’s activity. They should “revenge porn” cases as more and more never modify the settings of an email ac- spurned partners have turned to the idea count to auto-forward messages. of getting back at their former spouse by posting private photographs and videos, Tracking and Snooping taken or received through the previous Are Not Advised relationship, on the internet. Forty states Oregon lawyers Indeed, there is a list a mile long of now have laws banning revenge porn, things clients should NOT do in an at- while other states have harassment laws standing up for tempt to monitor their former partner. that may be applied to seek justice for the One of the more popular mechanisms victims in these criminal matters. justice. these days is to use the “Find My iPhone” Some people believe they can get feature of a jointly used Apple iCloud away with this type of conduct without account to track the other party’s move- having the evidence traced back to them, Supporting civil legal aid in Oregon ments and location. Sharing iCloud ac- but in reality, they are setting themselves www.cej-oregon.org counts is a big no-no in our book. Not up for criminal charges. The websites used

JULY 2019 • OREGON STATE BAR BULLETIN 37 to upload and post these types of photos maintain logs that can help to identify where the activity originated from and ul- timately who uploaded the photos or vid- eos. Internet service providers, including mobile carriers, also maintain logs. These logs cannot simply be deleted by your cli- ent, so it would be best to advise them against any type of this activity from the onset of the engagement.

Judges Hate Intentional Deleting Another potentially criminal action is spoliation. The intentional deletion of potentially relevant data can derail your client’s divorce case. It’s far better for the data to be properly preserved, searched and produced than to have to explain to a judge why your client was deleting emails or text messages in violation of a discov- ery order, subpoena or document request. The problem for clients is that there are digital forensic companies that can re- cover deleted information and produce it in court. There may even be evidence to recover that shows who deleted the infor- mation and exactly when it was deleted. We’ve been involved with many mat- ters where evidence has shown mass purg- ing right before the date when a party was required to produce evidence in response to a subpoena or court order. We have also seen internet searches for how to suc- cessfully delete text messages or emails. Boy, do judges love to see those searches! They are equally incensed to hear how a phone mysteriously was stolen or lost right before being requested for analysis. We’ve received countless phones that have been water damaged, factory reset or just plain lost immediately prior to a court deadline to produce them. All we can say is that this practice could lead to some se- rious legal consequences for your client. And don’t think that replacing the phone with another model or an identical model can’t be determined through analysis. No matter what, hiding, destroying or other- wise obstructing the discovery of evidence will not result in a good outcome in court.

Encrypted Communication Isn’t Always Best Protecting privacy and personal com- munications is important to most people. However, installing an application on your phone or computer that provides se- cure encrypted communication may not

38 OREGON STATE BAR BULLETIN • JULY 2019 be a good thing, especially if the intent was to securely communicate with a par- amour. Signal, WhatsApp and Telegram are several apps used for secure commu- nications, but even though you won’t be able to obtain the content of the com- munications, you may be able to retrieve contacts and times/dates of them. Technically, there is nothing wrong with using these secure communications apps. However, if the paramour’s ID is found on the spouse’s phone and the paramour has also installed the same app with their spouse’s ID, the inference may be all it takes to sway the court.

Stress Common Sense Why should your client listen to any of this advice? Roughly 25 percent of our digital fo- rensics cases are family law matters, and we’ve seen firsthand the trouble clients get into when they access accounts with- out authorization. We’ve seen lawsuits filed in response to the installation of spy- ware or using a security camera to surrep- titiously monitor a former spouse. We’ve seen the weight of evidence lessened due to the manner in which it was obtained. There have even been occasions where a party has been jailed due to the spoliation of evidence.. Judges have little or no tolerance for your clients’ foolish or illegal actions. They have zero tolerance for them lying to the court. So a little stern guidance at the outset of an engagement can benefit your clients greatly. You would hate to have a misstep affect the outcome of a custody or spousal support battle. We have all become reliant on tech- nology in our day-to-day lives, for both work and personal usage. Even during some of the most stressful situations your clients will ever face as they go through the divorce process, they need to main- tain (instead of lose) their common sense when it comes to the usage of technology. The legal consequences of missteps are real — and often devastating. n

Sharon D. Nelson, John W. Simek and Michael C. Maschke are the president, vice president and CEO of Sensei Enterprises, a cybersecurity, information technology and digital forensics firm based in Fairfax, Va. Learn more at senseient.com.

JULY 2019 • OREGON STATE BAR BULLETIN 39 BAR NEWS

New Legislation Delays OSB’s Juvenile Law Publication The OSB Legal Publications Depart- ment was ready to release Juvenile Law: Delinquency in late May. But before publi- cation, the Oregon Legislature passed SB 1008, a bill that makes significant changes to Oregon’s juvenile justice system. That means a significant rewrite is now required of several chapters of the publication that had already been edited and were otherwise ready for publication. The bill, which was sent to Gov. Kate Brown on May 24, will eliminate manda- tory adult prosecution for certain offenses committed when the person is 15, 16 or 17 years old at the time of the offense, re- quiring instead that a hearing be held to determine whether the person should be prosecuted as an adult. The bill also pro- hibits a person who is under 18 at the time of the offense from being sentenced to life without parole and makes a number of other significant changes to the sentenc- ing laws for juveniles. Brown had indi- cated that she would sign the legislation. Information about the new release date for Juvenile Law: Delinquency will be announced soon; watch for details at www.osbar.org/legalpubs. And look for an in-depth report on the changes in the Au- gust/September issue of the Bulletin.

Changes to UTCRs Take Effect Aug. 1 Chief Justice Martha L. Walters has approved changes to Oregon’s Uniform Trial Court Rules, effective Aug. 1. Changes of special note address the certificate of document preparation; streamlined civil jury cases; consumer debt collection cases; family law proce- dures; exhibits in juvenile cases; filing of the DMV record; extreme risk protection orders; notice of filing expedited matters; and statewide post-conviction relief rules. The approved changes are available online at http://www.courts.oregon.gov/ programs/utcr/Pages/currentrules.aspx. The preface to the 2019 UTCR includes de- tailed explanations of the changes.

40 OREGON STATE BAR BULLETIN • JULY 2019 The UTCR Committee’s next meeting is Oct. 18. The committee welcomes pro- posals for changes to the trial court rules. Submit proposals by Aug. 30 to utcr@ojd. state.or.us or mail them to UTCR Report- er, Office of the State Court Administra- tor, Supreme Court Building, 1163 State St. Salem, OR 97301-2563.

Share Your Well-Being Efforts in the Bulletin Lawyer well-being is so important to the practice of law that the Oregon State Bar is dedicating most of the October is- sue of the Bulletin to it. With a focus on telling real stories and digging deeper into the topic with sev- eral feature-length articles, the magazine plans to take much more than a cursory glance at the issue. But to do the best job possible, editors need your help in high- lighting what firms in Oregon — includ- ing solo practices — are doing to encour- age well-being, change their culture and make it safe for lawyers to ask for help. How does your firm place an emphasis on well-being? Are there policies and pro- grams in place? Is your workplace flexible in accommodating attorneys’ well-being needs? Don’t feel as if you must have the most unique workplace in the state; there are small things firms are doing across Or- egon to address well-being — and the Bul- letin would like to share those stories. Please reach out to the magazine’s edi- tors with your well-being policies, plans and successes by emailing editor@osbar. org or calling Gary M. Stein at (503) 431- 6391. And then watch for in-depth cover- age of the topic in October.

Oregon Law Foundation Seeks Board Members The Oregon Law Foundation is seek- ing board members for terms that begin on Jan. 1, 2020. If you would like to serve on the OLF board, submit a resume and cover letter to oregonlawfoundation@osbar. org by Aug. 16. The OLF’s goal is to fund justice for all by providing legal services, promoting di- versity and educating the public. The OLF partners with financial institutions, grant- ees and lawyers, and uses interest from law- yer trust accounts (commonly referred to as IOLTA) to fund legal aid. To learn more about the OLF, visit olf.osbar.org. n

JULY 2019 • OREGON STATE BAR BULLETIN 41 BAR ACTIONS

Johnson also admitted that he had keeping Daughter 2 safe and in the home. Discipline failed to keep his client reasonably in- To the extent that a waiver of these con- formed regarding the status of a matter, in flicting interests was possible, Abel did Note: More than 15,000 people are eli- violation of RPC 1.4(a). not seek or obtain informed consent, con- gible to practice law in Oregon. Some of Johnson’s conduct was aggravated by firmed in writing, to his representation them share the same name or similar a history of prior discipline, a pattern of from either Husband or Wife, although he names. All discipline reports should be misconduct, multiple offenses, a vulner- did advise Wife that she needed to seek read carefully for names, addresses and able victim and substantial experience in replacement counsel. bar numbers. the practice of law. In mitigation, John- Abel continued to be attorney of re- son expressed remorse for his conduct. cord for both Husband and Wife for ap- proximately a month, at which time RANKIN JOHNSON IV GREGORY MARK ABEL Wife hired an independent lawyer who OSB #964903 OSB #031784 assumed her representation in the depen- Portland Medford dency matter. 6-month suspension Public Reprimand After Wife obtained new counsel, Abel continued to represent Husband in Effective May 13, 2019, the disciplin- Effective May 24, 2019, the disciplin- the dependency matter (i.e., the same ary board accepted a stipulation for dis- ary board approved a stipulation for disci- matter in which he had previously repre- cipline and suspended Portland attorney pline and publicly reprimanded Medford sented Wife). Abel did not seek or obtain Rankin Johnson IV for six months for attorney Gregory Abel for violations of informed consent, confirmed in writing, violations of RPC 1.4(a), RPC 1.15-1(a), RPC 1.7(a) (current-client conflict of to his continued representation of Hus- RPC 1.15-1(b) and RPC 8.1(a)(2) in two interest) and RPC 1.9(a) (former-client band from either Husband or Wife. separate matters. conflict of interest). Although Abel has substantial experi- In the first matter, Johnson wrote “Husband” retained Abel to defend ence in the practice of law, his negligent checks from his trust account that should him against criminal charges related to and knowing conduct was mitigated by have been written from his business bank his eldest daughter (“Daughter 1”), who his absence of prior discipline, absence of account and overdrew his trust account. lived with her mother. At the time, Hus- a dishonest or selfish motive and coopera- In rectifying the overdraft, Johnson trans- band was married to “Wife,” and the cou- tion in the disciplinary proceeding. ferred his own funds into his trust account. ple had one child (“Daughter 2”). Abel Johnson also held funds in his trust was successful at getting Husband released ELIZABETH FARRELL account that should have been trans- pending trial. However, the state Depart- OSB #011107 ferred out as either refunds to his clients ment of Human Services was concerned Portland or earned attorney fees. During the bar’s for Daughter 2’s welfare when the court Public Reprimand investigation of Johnson’s trust account permitted Husband to return home and overdraft notice, Johnson did not provide brought a dependency proceeding against Effective May 17, 2019, the disci- requested documents. both Husband and Wife. The dependency plinary board accepted a stipulation for In the second matter, Johnson failed proceeding sought to have Daughter 2 re- discipline and publically reprimanded to communicate with the client regarding moved from the home so long as Husband Portland attorney Elizabeth Farrell for costs the opposing party sought on appeal was living there or had unsupervised ac- violating RPC 1.16(d) (duties upon ter- and did not object to those costs, even cess to Daughter 2. mination of representation). though the costs were not recoverable. Abel was concerned that leaving Wife In 2016, Farrell was assisting a former Johnson admitted that he had failed unrepresented might injure her rights or client in an employment matter. After to hold client property separate from his leave her subject to possible harassment the client’s employment was terminated, own funds in his lawyer trust account and by DHS. Accordingly, Abel filed a notice the client retained a new lawyer and con- deposited his own funds in his trust ac- of appearance in the dependency proceed- tacted Farrell about sending her file to the count for reasons other than bank service ing on behalf of both Husband and Wife, new lawyer. Farrell responded that she charges, in violation of RPC 1.15(a) and and represented them both at the initial was out of the country, would not return RPC 1.15(b); and knowingly failed to re- shelter hearing. At the time, Husband’s for four weeks and would retrieve the file spond to a lawful demand for information interest in defending against Daughter from storage upon her return. from a disciplinary authority, in violation 1’s allegations was objectively and funda- Nearly two months later, the new law- of RPC 8.1(a)(2). mentally different from Wife’s interest in yer contacted Farrell and requested the

42 OREGON STATE BAR BULLETIN • JULY 2019 client’s file, but did not receive a response. Farrell admitted that she failed to take necessary steps to protect her client’s in- terests upon the termination of represen- tation and thus violated RPC 1.16(d). While Farrell’s conduct was aggravat- ed by the vulnerability of her client and substantial experience in the practice of law, it was mitigated by the absence of any prior discipline, the absence of a dishon- est or selfish motive, personal problems concerning the health condition of a fam- ily member, and a cooperative attitude to- ward the disciplinary proceeding. n

Legal Ethics Assistance

The bar’s General Counsel’s Office is available to discuss prospective legal ethics questions related to a member’s own conduct. A staff attorney can help identify applicable ethics rules, point out relevant formal ethics opinions and other resources and share an initial reaction to callers’ ethics questions. The assistance that bar staff pro- vides is informal and nonbinding and is not confidential; no attorney-client relationship is established between callers and the lawyers employed by the Oregon State Bar. (Lawyers seeking confidential ethics advice about the propriety of their previous decisions or actions should consult a private attorney.) Members with questions can call the ethics helpline at (503) 431-6475 to be connected to the first available bar staff attorney.

JULY 2019 • OREGON STATE BAR BULLETIN 43 BAR PEOPLE

Oregon. FACT addition to educat- Among empowers families ing students in fine experiencing dis- arts, PNCA is a ability; its goal is center of creativity Ourselves to change the face in Portland, offer- Tonkon Torp at- of disability by ex- ing hundreds of free torney Janet Neu- panding awareness, art programs for man has joined the growing commu- the public, includ- board of trustees for nity and equipping ing lectures, panel the Oregon State families. Furrer also discussions, student Parks Foundation. has joined the board of Raphael House of exhibitions, performances and pop-up The foundation Portland, which works to end the cycle of shops. For more than 100 years, graduates raises funds and violence and build lives and a future with- of PNCA have become educators, profes- builds partnerships out domestic and sexual violence. sional artists, gallery owners and art mu- to restore and cre- seum curators contributing to and shap- ate new facilities and sites in the Oregon Former Clatsop County District At- ing the visual arts landscape in the Pacific state park system. Newman’s service on torney Joshua Marquis has been named Northwest. the board complements her legal practice, co-chair of the new National Law En- Tonkon Torp at- which focuses on water law and environ- forcement Council, which is being torney mental and natural resources. Tonkon formed by the Animal Wellness Foun- Alex Tin- has joined the Torp has a long tradition of supporting dation and Animal Wellness Action. ker the Oregon State Parks Foundation; in The new council is dedicated to enforc- board of directors fact, one of the firm’s founding partners, ing federal, state and local laws against for the Oregon the late Brian Booth, played a key role in animal cruelty, with a current focus on Cannabis Asso- the organization’s establishment. federal anti-cruelty statutes such as laws ciation, which is against animal fighting, and offering as- the largest canna- Stoel Rives part- sistance to law enforcement authorities bis trade group in ner Kirk Maag was as needed. Oregon. It fosters among 14 lawyers connections between cultivators, proces- from across the Recently retired sors, retailers, entrepreneurs and allied country who were Dale S. MacHaffie businesses, and advocates for the thriving shortlisted for the has published a new Oregon cannabis industry. Tinker is co- LGBT+ Equality book, Whale’s Tails. chair of Tonkon Torp’s cannabis industry Lawyer of the Year It’s a blend of his- practice group. He is a founding board honor as part of the tory, fantasy and member for the Resource Innovation In- Chambers Diversity science in a timely stitute, which works to increase resource and Inclusion Awards. The awards are tale spanning near- efficiency in the cannabis industry. presented annually to lawyers and firms ly two centuries on that further the advancement of diversity the high seas. It Robert R. Teel, a and inclusion in the U.S. At Stoel Rives, follows the vastly different adventures of specialist in intel- Maag co-leads the agribusiness, food, bev- two sets of friends, separated by a couple lectual property erage and timber team. He also serves as centuries. MacHaffie is a retired corporate and a registered secretary of the board of directors for the tax director at Esco in Northwest Port- U.S. patent attor- Cultivating Change Foundation, which land. Whale’s Tails is available in book- ney practicing in seeks to value and elevate LGBT+ agri- stores or online through the Apple iTunes Stoel Rives’ Port- culturists through advocacy, education store, Amazon, Google Play and Barnes & land and Boise of- and community. Noble. fices, has been se- lected as a recipient Christine Furrer, an associate attor- Miller Nash Graham & Dunn at- of the Portland Business Journal Forty Un- ney at Fischer Family Law whose practice torney Vanessa Triplett was recently der 40 award for 2019. The honorees were focuses on special education and fam- appointed to the board of governors for selected from several hundred nominees ily law, has joined the board of FACT the Pacific Northwest College of Art. In based on their career achievements, lead-

44 OREGON STATE BAR BULLETIN • JULY 2019 ership, influence and impact within their communities and industries. Teel serves Reach your target audience as treasurer and pro bono counsel for The Optical Society, Columbia Section, with advertising in the OSB Bulletin. which he incorporated as an Oregon pub- lic health corporation. He is a member of Display and Marketplace Ads the Institute of Electrical and Electronics Ben Oerther | [email protected] | (503) 445-2226 Engineers, the Oregon State Bar’s Intel- lectual Property Section and the Oregon Lawyer Announcements & Classifieds Patent Law Association. Spencer Glantz | [email protected] | (503) 431-6356 Moves Barbara (Barb) Halle and Jeff Lovinger have joined the Portland business litigation firm Markowitz Herbold as of coun- sel. Halle special- izes in public utility and employment- related matters; before joining Mar- kowitz Herbold, she worked at Portland General Electric, Reaching serving as associate general counsel for new heights. more than 32 years. Lovinger’s practice focuses on energy and utility law; he has Román D. Hernández extensive experience representing utility Partner clients before state utility commissions in Portland contested case proceedings, rulemakings and policy dockets. Lovinger has repre- sented municipal water districts, Native We are proud American tribes, municipalities and en- ergy project developers on energy issues. to celebrate the

Anthony D. Ku- accomplishments of chulis has joined Román Hernández and the Portland office of Littler Mendel- congratulate him on son. Kuchulis has being named to Lawyers extensive experi- ence defending of Color’s Inaugural employers in jury trials, class actions, Nation’s Best list. mediations and ar- bitrations. He has achieved favorable out- comes in matters involving discrimina- tion claims, leaves of absences, retaliation troutman.com and other employment issues for clients Troutman Sanders LLP in a range of industries, including higher education, transportation and logistics.

JULY 2019 • OREGON STATE BAR BULLETIN 45 The law firm of and health and welfare plans. He has as- Marianne Dugan has joined the Civil Gleaves Swearin- sisted clients on ERISA and Internal Rev- Liberties Defense Center (CLDC) as a gen has announced enue Code compliance matters, including senior staff attorney. Dugan is the chair that James R. Blake plan corrections under the Employee of the Sierra Club’s national litigation has joined the firm Plans Compliance Resolution System committee and has served on the Oregon as an associate. His through the self-correction and voluntary State Bar Civil Rights Executive Com- practice focuses on compliance programs. mittee. She currently serves on the board estate planning and of Access the Law and has served on the probate. He earned Attorney Lisa boards of Friends of Land-Air-Water, his J.D. from Florida Shevlin has joined Western Lands Project, Portia Project and State University College of Law and his the Hart Wagner the CLDC. Dugan will primarily repre- LL.M. in taxation from the University of law firm. Her trial sent activist clients in federal civil rights Denver Sturm College of Law. practice focuses cases, public records and SLAPP defense. on the defense of Barran Liebman cases involving as- has welcomed sisted living care, Sarah Hale to medical malprac- In Memoriam the firm’s employ- tice and general John Christian Sihler died peacefully ment and labor law liability. Prior to joining Hart Wagner, on Dec. 6, 2018 after a year of transitions teams. Hale brings Shevlin was a trial attorney for a large in- and declining health. He was 88 years old more than a decade surance company, where she worked on and had recently moved with his wife, of experience prac- cases involving commercial auto liabili- Dene, from Eugene to Gresham to be ticing throughout ty, product liability, employment matters closer to family. Oregon and Wash- and contract disputes in state and federal ington, as well as clerking for the U.S. courts. She is a member of the Owen M. Born in Cleveland, District Court and the Washington State Panner Inn of Court, Oregon Women Ohio, on May 9, Court of Appeals. Her practice focuses on Lawyers, the Oregon Association of De- 1930, to Paul Al- employment law compliance, conducting fred Sihler and fense Counsel and the Multnomah Bar workplace investigations and providing Margaret Carpen- Association. counsel in collective bargaining, union ter (Smith) Sihler, contract negotiations and grievance and Jordan Ramis has John grew up sur- interest arbitrations. welcomed Susan L. rounded by aunts, Ford to the firm’s uncles, cousins and Mark Thompson Lake Oswego of- grandparents. His has joined Sanger cousins were dear to him and he loved Thompson (for- fice. Ford is an in- tellectual property them as surrogate siblings, as Sihler was an merly Sanger Law) only child. Family gatherings and celebra- as a partner in its and business litiga- tor who represents tions were frequent and, in his adulthood, energy, utility and the subject of many nostalgic remem- administrative law businesses of all siz- es. Her experience brances. Sihler shared a love of drawing practice. Thomp- and horses with his father, and was bit by son’s practice is includes complex business and IP litiga- tion, including matters relating to busi- the travel bug early through trips with his focused on repre- parents to the Western U.S. and Europe. senting clients in agency proceedings, ness contract and shareholder disputes, He graduated from Shaker Heights energy-related transactions, rule-makings trademarks, patents, copyrights and trade High School in 1948 and earned a bache- and utilities law. secrets. Ford serves on the advisory board of Girls Inc. of the Pacific Northwest, as lor’s degree in American studies from Am- Eric Robertson has a service provider member to Oregon En- herst College in 1952, followed by a law joined Miller Nash trepreneurs Network, and as a member degree from Harvard University in 1955. Graham & Dunn’s of Leaders and Executives Across Profes- He served as a legal specialist in the U.S. Portland office as sions and Oregon Women Lawyers. Army 382D military police battalion in an associate on the Heidelberg, Germany, from 1955 to 1957. employee benefits Phillips & Moore has announced that Sihler cherished his memories of his team. His practice Jeffrey K. Traylor has joined the firm as Heidelberg years, which had a profound focuses on assisting a partner, creating Phillips, Moore & and lasting effect on him. Above all, Hei- public and private Traylor. The full-service family law firm delberg was where he met Dene Hoseid, employers in navi- specializes in litigating, mediating and a native Oregonian who was working for gating plan administration issues related negotiating complex divorces through- the judge advocate general’s corps of the to qualified plans, multi-employer plans out Oregon. U.S. Army. The two happily explored

46 OREGON STATE BAR BULLETIN • JULY 2019 Europe together during their courtship. When her children were older, Ricoy of Oregon. He was When Sihler finished his military service, decided to enroll in Willamette Univer- student bar associa- they moved to Cleveland, where they sity School of Law at a time when starting tion president from were married on April 19, 1958. Sihler law school at her stage in life was almost 1989-90 and found- settled into his legal career (primarily in- unheard of. After graduating at the age of ed the Oregon Law surance defense work) and they started 47 and passing the bar exam, she served Students Public their family. In 1969, Sihler passed the for many years as a public defender in Interest Fund. He Oregon bar exam and moved the family Marion County. Ricoy spoke Spanish flu- graduated in 1990 to Eugene, where he continued to work as ently, serving many clients who could not and began a legal an attorney. speak English. career that spanned 28 years. One of Sihler’s greatest qualities was Ricoy is survived by her husband, Jose, Bandiero served on the University of his unbounded enthusiasm — for good and her five children (and spouses): Mark Oregon Law School Alumni Board of Di- food and drink, beautiful art and music, (Shawn), Rebecca (Dave), Pilar (Steve) rectors and was a member of the Oregon travel, the grandeur of nature, and festive Rowe, Peter (Karen) and Marisol (Alan) Criminal Defense Lawyers Association; gatherings of all sorts. Favorite activities McAllister. Two of her children, Marisol he took pride in representing defendants included fly fishing and fly tying, hiking, McAllister and Peter Ricoy, are also ac- of all ages and worked tirelessly to find camping, trips to mountains and rivers, tive members of the Oregon State Bar. good resolutions for their cases. He never vacations to dude ranches and national forgot the essential humanity of the peo- parks, photography, classical music con- Emilio Francis Bandiero passed away ple he worked so hard for and pledged his certs, visits to art museums, print col- on May 8, 2019. He was 81. Bandiero was allegiance to “… and justice for all.” lecting, large parties on the deck, elegant born in an Italian neighborhood in Brook- dinner parties prepared by Dene, and joy- He is survived by his second wife, lyn where there were often more kids play- ous Christmas Eve parties that featured Anne Bell, and their large combined Sihler’s potent rum punch and eggnog. ing stick ball on the street than cars. family of siblings, cousins, children and Longtime Eugeneans may know Sihler He left high school to join the Army grandchildren. from his community involvement as a and served in Böblingen, Germany, in A Celebration of Life is planned for president of the McKenzie Flyfishers, co- the 97th Signal Battalion from 1956 to the end of July. Please email obbproductions founder (with David Hilton) of the Eu- 1958. There he worked on and received @proinbox.com if you would like to be no- gene Print Circle or member of the City his GED, and met his first wife in Den- tified. In lieu of flowers, Bandiero’s wish Club’s programming committee. He also mark. Frustrated by his lack of formal was that donations be made to the Or- volunteered for the Democratic Party of education, he enrolled at Queens College egon Law Students Public Interest Fund Lane County and offered his time and and received his bachelor’s degree in 1987 (OLSPIF), University of Oregon School expertise to individual neighbors and the at the age of 49. He went on from there of Law, 1221 University of Oregon, local neighborhood association to help re- to attend law school at the University Eugene, OR 97403-1221. n solve land use issues.

Shereen P. Ricoy passed away on May 6, 2019 — just one day shy of her 85th birthday. Ricoy was born on May 7, 1934 in To- ledo, Ohio, the daughter of Sherwood and MEET OUR NEWEST Helen (Moyer) Pinkerton. She was the youngest of four daughters and excelled in BUSINESS ASSOCIATE, school, graduating from high school one year early. BRYSON DAVIS. In college, Ricoy spent a semester in Bryson’s practice is focused on advising Mexico City, where companies on a broad range of business she met her best issues, from formation to sale. friend and husband, [email protected] Jose Luis Ricoy. 503.243.1638 The two were wed in 1956. She was the adoring and adored mother of five children; when her children were young, she worked as a full-time mother PORTLAND l sussmanshank.com l 503.227.1111 and homemaker.

JULY 2019 • OREGON STATE BAR BULLETIN 47 CLASSIFIEDS

FOR SALE CLASS A OFFICE SPACE IN SE – Share professional and furnished the courthouse, and easy freeway PORTLAND, window office with office space with an established Eu- access. Amenities include law li- FOR SALE – Complete set of Or- reception service available in friendly gene firm. Available Immediately. Go egon Reports and Court of Appeals brary, large conference room, ac- SE Portland law firm. Top floor of to www.armstrongbankruptcy.com/ Reports. PRICE: $9,015 Shelves avail- cess to copier and fax. One office modern building, easy highway ac- officespace or call (541) 683-6652 able. Will deliver in Oregon. CALL: is $600 per month and a smaller cess, free parking. Access to kitch- for more information. (541) 426-4912. office is $425 per month. Both of- en, copy/scanner and work areas. fices come with a free tenant park- LAKE OSWEGO KRUSE WAY LAW LIBRARY, COMPLETE SET Will consider adding assistant space ing place ($205/month value) with a – Class A Office Building. 4248 OREGON REPORTS and Oregon if right fit. $700 - $1,000/mo. Con- minimum 30 month lease. Contact Galewood Street, Lake Oswego, Appellate Reports, $7,500, (503) tact Alyssa at alyssaf@fitzwaterlaw. Allan at (503) 781-7887 or Eric at OR 97035. Primarily Attorneys. 650-8010. com or (503) 786-8191. (503) 224-1212. Partner-sized, windowed offices. OFFICE SPACE DOWNTOWN EUGENE, 975 OAK Receptionist, Phones, High Speed TWO OFFICE SHARES IN DOWN- STREET – Spacious, view office in Internet, Conference Rooms avail- TOWN PORTLAND 1 MONTH 1400 SW MONTGOMERY STREET, upper level of Class A Citizens Build- able or included. Free parking. Of- FREE WITH A 12 MO LEASE – One PORTLAND Offices available in Goose ing. Ample staff space, copier and fice lease prices range from $600 to is 14x12 for $1,200 per month and Hollow neighborhood, just outside conference/library provided. Con- $1400 per month. Phone numbers the other is 15x10 for $1,025 per downtown core. Share space with genial atmosphere. Some work or ported numbers available. Call for month. 10th floor office in Cascade small firm, solo lawyers, other profes- overflow probable. Would consider information. John (503) 675-4343. sionals. $750/month includes parking, Building. 2 blocks from Pioneer shared reception. $975/mo. Con- Square and MAX Transit hub. Alder reception services, conference room, tact Terri at (541) 345-3333. OFFICE SPACE – OREGON CITY – other amenities. Support staff space John Henry Hingson III has one office Street Parking Garage across street. Rent includes reception, telephone/ also available. Contact Gaylord Eyer- DOWNTOWN PORTLAND,1000 available in 3-lawyer office building. man Bradley PC at (503) 222-3526 or BROADWAY, Class A space, 23rd Close to elevator and courthouse. internet, office conference room, email receptionist@gaylordeyerman. floor, receptionist, voice mail, con- Off street parking. Share copier, fax, shred, copier & postage machine com. ference rooms, copiers, scanners, law library, conference room, lunch use. Building amenities: Gym, w/ phone, gym, showers, bike rack, room. Available August 1, 2019. shower, tenant lounge. Contact 5200 MEADOWS EXECUTIVE OF- $750 to $1,500, (503) 274-1680. Call John Henry (503) 656-0355. Jamie @ (503) 243-2733 or jamie@ FICE SUITES – Offering Executive kramer-associates.com. Suites, mail service, phone recep- EXTERIOR OFFICE 12’ X 13’ IN 7 OFFICE SUITE NEEDED – Estab- tion, meeting rooms, business sup- ATTORNEY SUITE in 6th + Main lished law firm looking to sublease UP TO THREE OFFICES AVAIL- port and more. Call (503) 726-5999 building (used to be called Congress or take over current lease in Lake ABLE IN THE HISTORIC AMERI- or visit 5200meadows.com. Center), available now. Includes re- Oswego, West Linn, Tigard, Tualatin, CAN BANK BUILDING, top floor ception, conference room, kitchen SW Portland (south of downtown). overlooking Pioneer Courthouse AFFORDABLE PRIVATE OFFICES and access to high-volume copier. We have 13 employees with 7 attor- Square (with MAX stops), large sup- IN SHARED SUITE –Mature finan- Building workout facility with show- neys. Ideal office suite would have port staff spaces also available, rent cial planning practice looking for er. $875/mo, assistant space $100/ 10+ offices with conference room, includes reception, telephone, Inter- estate planning attorney to share mo. Contact Christine, (503) 242- kitchen and break room, and recep- net, conference rooms, copier/scan- space and handle referrals. Separate 1122, [email protected]. tion area. Please reply to the Oregon ner. Building has a gym with show- entrance and locked door separates State Bar, Attn: Blind Ad B-20, P.O. ers, bike parking and windows open. two internal offices from the rest FURNISHED OFFICES IN THE Box 231935, Tigard, OR 97281 or Rents $900 - $1250/mo. Contact of the suite. Located on first floor HEART OF PORTLAND – One or email: [email protected] with the Diana @ (503) 226-8122 or diana@ of Oregon State Bar Center. Three two large furnished offices in a three blind ad number in the subject line. swiderhaver.com. bright spaces available, includes ac- office suite available for lease. Large cess to reception area and kitchen, windows overlook Broadway one PANORAMA BUILDING 5,000 POSITIONS AVAILABLE utilities, cleaning service. Contact block from Pioneer Square. Recep- SQURE FEET OF GROUND FLOOR It is the policy of the Bulletin to Tony at (503) 245-5352 x103 for tion area desk also available. WiFi OFFICE SPACE 4504 SW CORBETT only list opportunities for em- details and rates. included. $700 per office or $1300 Convenient to Downtown. Pan- ployment that are consistent for both. Contact Steve at (503) oramic River and River and Moun- AVAILABLE! TWO FLOORS (3,023 with OSB Bylaw 10. 294-1106. tain Views. Space includes reception sq ft) IN UNIQUE, MODERN OF- area, offices, conference rooms, cu- A LATERAL MOVE IS A DIFFI- FICE BUILDING IN LAIR-HILL HILLSBORO DOWNTOWN OFFICE bicle areas and other amenities. Jani- CULT DECISION, so let us find you NEIGHBORHOOD on SW Corbett SPACE one block to courthouse, free torial and basic utilities provided. Off the perfect fit. Since 2000, Stayer avenue two blocks from Gibbs reserved parking. Single private of- and on street parking. All-inclusive Legal Search has been connecting street walking bridge to south wa- fices on month to month or longer. lease $28 per square foot annually. lawyers with great opportunities terfront. Amenities include: Recep- $325 per month. Larger suites also Contact: (503) 866-7521. tion, large secretarial area, six pri- available. New Comcast high speed in all sizes of law firms and com- vate offices, large conference room, internet available! Call Jay Weil (503) TWO LAW OFFICES AVAILABLE panies. Our current searches cover kitchen, shower, fully ADA compli- 924-5772, or email jaymweil@aol. DOWNTOWN at the Honeyman nearly all practice areas. Let’s talk in ant with elevator. Easy access to and com. House, 1318 SW 12th Avenue, confidence. Candice Wilson Stayer, from I-5. Space is available on a 3-5 Portland. Professionally remodeled Stayer Legal Search LLC cwstayer@ year, full-service lease. Contact Greg OFFICE SPACE AVAILABLE IN EU- Victorian House. Easy street park- stayerlegalsearch.com (503) 968- Terranova at (503) 220-0248. GENE, NEWPORT AND ROSEBURG ing for clients, 10 minute walk to 0901.

48 OREGON STATE BAR BULLETIN • JULY 2019 A PORTLAND METRO AREA AV BARGER LAW GROUP PC SEEKS and Estate Planning practices. Our vited to submit a cover letter, resume, RATED LAW FIRM is seeking an AN ASSOCIATE ATTORNEY – The firm takes great pride in providing transcript, and writing sample to Sar- Associate Attorney to join their firm specializes in insurance de- clients with high quality legal guid- ah Goodling Russell (Firm Adminis- growing defense litigation practice. fense litigation. The ideal candidate ance and our people with a reward- trator) at sgoodling@ringbenderlaw. This firm represents employers and should have between 1-6 years of ing work life balance. Candidates com. insurers in the areas of workers’ experience as a lawyer in Oregon must have strong academic creden- compensation, employment law and be admitted to the Oregon State tials and meaningful professional ESTABLISHED CENTRAL OREGON and insurance defense. This is an Bar. He/she must possess strong an- experience. Please send cover letter, LAW FIRM looking for a family excellent opportunity for new law- alytical skills, legal research abilities, resume, and writing sample to Clau- law associate attorney to join our yers who have strong interpersonal, as well as a propensity to multi-task dia Horner, Gleaves Swearingen, team. Ideal qualifications include at analytical and organizational skills by working on a full case load. The 975 Oak St, Suite 800, Eugene, OR least 2-3 years of experience in fam- ily law, a competitive spirit, strong and a willingness to work in a de- position will involve attending depo- 97401, or email to horner@gleave work ethic, and superior oral and manding but informal and positive sitions, hearings, arbitrations, and slaw.com. All inquiries will remain written skills. Salary and benefits will environment. As an associate you trials, performing legal research, pre- confidential. depend on experience and qualifica- will also have the opportunity to paring motions and reports, as well tions. Please submit a cover letter, re- work closely with senior attorneys as collaborating with our lawyers on ENVIRONMENTAL LAW & LITIGA- sume, references and writing sample to develop hands-on experience various cases. The firm offers com- TION ASSOCIATE – Ring Bender LLP, to [email protected]. and to work collaboratively in a petitive compensation and benefits. an environmental, natural resources and litigation law firm, is seeking a team environment. The ideal As- Interested candidates should send ESTATE PLANNING & ELDER LAW mid-level associate to join our Port- sociate will be licensed in Oregon a cover letter, writing sample, and ATTORNEY – The Law Offices of Nay land office. Our firm has offices in or Washington. Dual licensure resume to Sean Lanz at slanz@ & Friedenberg LLC is recruiting for Oregon, California and Pennsylvania is a big plus. Candidates should bargerlawgrouppc.com. an attorney with five or more years and our clients include private busi- have strong research and writing of Estate Planning/Elder Law experi- BEND FIRM SEEKING BUSINESS ness as well as municipalities. Our skills, excellent verbal communica- ence. We are looking for someone & REAL ESTATE TRANSACTIONS ideal candidate will have two to five tion skills and have a competitive who possesses a strong work ethic, ATTORNEY – Lynch Conger McLane years of experience in environmen- personality. This is a full time, full has fantastic interpersonal skills, is LLP is a thriving Bend and Portland tal regulatory compliance counseling benefit position. Benefit package organized and takes initiative. You law firm seeking a 3-8 year associ- and litigation in the Pacific Northwest includes medical insurance, dental should be proficient at drafting ate with business and real estate and California, at both the state and insurance, life insurance, long term complex estate plans and be a cur- transactional experience. Land use federal levels. The candidate should and short term disability insurance rent member of the Oregon State experience a plus. Headquartered in be enterprising and have a strong de- and 401K options. Interested candi- Bar. This is a career partner track Bend with suburban Portland/Lake sire to become a leader in the field dates must submit a cover letter, re- position. If you share our passion for Oswego office. Competitive salary, of environmental law. Our associates sume, transcript and writing sample touching lives and making a real dif- benefits, and bonus structure. Fam- are given meaningful, hands-on legal to recruiting@bishopcreekservices. ference, want to work with a team ily oriented firm. Principals only, no work at every stage of their careers com to be considered for the posi- that values everyone’s contributions, recruiters. Submit resume and short and will work directly with the firm’s tion. and are willing to commit to 40-45 cover letter or email to Office Man- other attorneys, clients and technical hours per week, we want to talk. ager Kaci Price at kprice@lynchcon consultants on complex, unique and ASSOCIATE ATTORNEY, NEW- Compensation is above market and ger.com. challenging environmental and natu- PORT, OR- Well established law we offer great benefits. Please email firm representing a variety of local ral resource issues. We are looking for CHOCK BARHOUM, a fast paced your cover letter and vita to estate governments entities, business or- candidates who are willing to work litigation firm with a collegial, fun [email protected]. No calls, ganizations and individuals primarily as an integral part of a high perform- atmosphere, is seeking a 3 to 8 year please. All submissions are strictly in civil matters seeking a proactive ing, collegial and collaborative team. associate with insurance defense confidential. individual with excellent research, Candidates should have the follow- experience. Competitive salary and writing and communication skills ing qualifications: J.D. from an ABA- EXPERIENCED CORPORATE/M&A benefits. Oregon bar required; who can produce the high-quality accredited law school with excellent ATTORNEY – Rose Law Firm is a 7+ Washington a plus. Please send a work we are known for. We offer academic credentials; status as an ac- attorney business-focused law firm cover letter, resume, and referenced the opportunity to gain experience tive member in good standing of the in Lake Oswego. We seek an at- to John Barhoum at john.barhoum@ in a variety of areas of civil law while bar in at least one state jurisdiction torney with 15+ years of experience chockbarhoum.com. taking on significant responsibility and ability to obtain licensure in Or- in handling complex corporate/com- under the guidance and mentoring DISCIPLINE LEGAL SECRE- egon within 6 months of hire; strong mercial transactions and associated of senior attorneys. Please submit TARY – The Oregon State Bar is analytical, research, writing and oral client engagements—including file resume, writing sample and profes- looking for someone to provide communication skills; organized, de- and team management. Position is sional references to diaz@mggdlaw. administrative and legal secre- tailed, works well under deadline, ideal for someone wanting to transi- com. tarial support for the Disciplin- creative thinker, multitasker, and has tion away from the billable hour de- ary Counsel’s office and related demonstrated the ability to assume mands of a larger firm but still inter- ASSISTANT DISCIPLINARY regulatory programs. Please visit significant client responsibilities; and ested in maintaining a sophisticated COUNSEL – LITIGATION –The Or- http://www.osbar.org/osbcenter/ experience with major environmen- practice and collaborating with a egon State Bar is looking for some- openings.html for job details. Equal tal law statutes, such as the Clean team of like-minded professionals. If one to provide counsel to the OSB Opportunity Employer Air Act, the Clean Water Act, the you bring a partial book of business, in the evaluation, investigation, Resource Conservation and Recov- that is great, but not necessary. This and, where appropriate, litigation DISTINGUISHED BUSINESS LAW ery Act, and CERCLA, as well as the position requires someone with: (a) through trial and appeal of ethics FIRM is expanding and seeking California and Oregon equivalents of strong experience and an exception- complaints made against Oregon lateral transfer attorneys. Gleaves such statutes. Experience with real es- al substantive corporate law/M&A lawyers. Please visit http://www. Swearingen, a trusted business law tate law, land use law and litigation is skillset; and (b) a desire to contribute osbar.org/osbcenter/openings.html firm in Eugene for almost 100 years, not required but will be considered a to helping Rose Law thrive and ex- for job details. Equal Opportunity is seeking lawyers for our firm’s Busi- plus. Competitive salary and benefits pand. We offer competitive wages Employer. ness and Transactions, Litigation, package. Qualified applicants are in- and benefits (health, dental, vision,

JULY 2019 • OREGON STATE BAR BULLETIN 49 life, 401(k)) and can be flexible with excellent legal writer, conduct legal VIAL FOTHERINGHAM LLP is ESTABLISHED KITSAP COUNTY billable hour goals (between 1,200 research and draft complaints, mo- seeking experienced attorneys to ESTATE PLANNING, GUARDIAN- – 1,800). Culture is very important: tions, and memos. Experience argu- support busy real estate, land use SHIP & PROBATE PRACTICE that we take our work seriously, but do ing motions in court and trial expe- and estate planning, probate attor- has been a staple in Kitsap County not take ourselves too seriously – rience are desired. Our firm offers neys in our Oregon office. Candi- for over 14 years. The practice/case large egos don’t function well here. rewarding work on behalf of individ- dates should have at least 4 years breakdown is 40% Guardianships To apply, send cover letter, resume, uals that have been catastrophically of experience in these practice ar- and Trusts, 25% Probate, 25% Es- and references to Crystal Hutchens, injured. A commitment to plaintiff’s eas. Looking for Oregon licensure, tate Planning and 10% Other (Pre- [email protected]. For more work is essential. We are seeking a Washington helpful as well. Pre- nuptial, Estate Litigation, GAL). The details, please review: https://www. candidate with at least eight years of ferred candidates will have a thor- Owner runs the practice out of her rose-law.com/careers. experience, with preference given to ough understanding of federal and home office, which makes this a candidates with excellent credentials state laws and regulations, have ex- great opportunity for an attorney EXPERIENCED CRIMINAL DE- and experience in plaintiff’s personal cellent writing and analytical skills, wishing to grow his/her current FENSE ATTORNEYS, PORTLAND injury, insurance defense, or commer- and an eye for detail. Please send practice and/or start a practice with & HILLSBORO – Metropolitan Pub- cial litigation. Must be admitted to resume and writing sample to cdj@ an established book of business. The lic Defender is seeking experienced the Oregon State Bar upon hire and vf-law.com. Owner took in over $125,000 in in- attorneys with at least one to five preferably admitted to the Washing- come and perks in 2017. Contact years of criminal defense experience. ton State Bar as well. Salary: DOE. WILLIAMS KASTNER GREENE & [email protected] Please send cover letter and resume Qualified candidates, please send MARKLEY is currently seeking a or call (253) 509-9224. via email to [email protected]. your resume, a writing sample, and lateral attorney with a minimum of seven years’ experience in real ESTABLISHED PIERCE COUNTY EXPERIENCED DEATH PENALTY the position you are interested in to: estate transactions and litigation to INSURANCE DEFENSE PRAC- ATTORNEY, PORTLAND – Metro- [email protected]. work with senior level attorneys in TICE that was established in 1998 politan Public Defender is seeking INTELLECTUAL PROPERTY PRAC- the Portland, Oregon office. Can- and has over 125 active clients as an experienced full time capital case TITIONER - DASCENZO Intellec- didates must be licensed to prac- of April 2019. The average gross qualified attorney to join its capital tual Property Law, P.C. is seeking tice law in Oregon State and have revenue the last three years was team. This group handles Oregon an experienced intellectual prop- outstanding written and oral skills. over $1,017,000. The practice/ death penalty cases from MPD of- erty prosecution attorney or patent Qualified candidates should email case breakdown by revenue is 50% fices in Portland and Hillsboro, Ore- agent to join our team of practitio- a cover letter and resume to Patti Bodily Injury, 10% Property Damage, gon. Compensation includes a com- ners. DIPL specializes in U.S. and Christiansen, Recruiting Manager, 10% Product Liability, 10% Profes- petitive salary, excellent benefits, a international patent and trademark at pchristiansen@williamskastner. sional Liability, 10% Plaintiff Work, healthy team environment, and a searching, prosecution, licensing, com. and 10% Other. Contact info@pri manageable caseload. Please send and strategic advice, and its clients vatepracticetransitions.com or call cover letter and resume via email to range from startups to industry- WILLAMETTE VALLEY LAW FIRM (253) 509-9224. [email protected]. leading multinational corporations. with offices in Corvallis and Albany ESTABLISHED SEATTLE ESTATE Ideal candidates will have excellent looking to hire associate with 3-5 FIRM SEEKS EXPERIENCED OF PLANNING PRACTICE that has a writing and analytical skills, strong years meaningful experience as a COUNSEL ATTORNEY to work in practice/case breakdown by rev- academic backgrounds and work personal injury and/or family law Eugene office with business attorney enue of approximately 45% Estate experience, and an established client attorney. Competitive salary com- with over 20 years of experience in & Trust Administration, 40% Estate base. Candidates also should have at mensurate with qualifications and commercial litigation, business trans- Planning, and 15% Other (Collat- least four years of patent-related IP experience. Please send cover let- action, real estate and estate plan- eral Matters, Estate Tax Prepara- experience, a can-do attitude, and a ter, resume, and writing sample to ning. Office, phones, staff, etc. pro- tion, Real Property Issues, etc). The desire to work collaboratively as part Evashevski Elliott PC at P.O. Box 781, vided. Attorney must have a strong Practice is located in the heart of of a close-knit team. International Corvallis, OR 97339. All inquiries will work ethic, clientele and billings of downtown Seattle, has averaged intellectual property experience and remain confidential. 60 hours or more per month. Com- gross revenues of over $286,000 trademark prosecution experience pensation is based upon percentage the last three years (2016-2018), are a plus, as are licensing and liti- PRACTICES FOR SALE of gross receipts received by firm for and is poised for growth under new gation experience. Please send cover EAST KING COUNTY REAL ESTATE professional services rendered by at- ownership. Contact info@private letter and resume to info@dascen & ESTATE PLANNING PRACTICE torney. Please send cover letter and practicetransitions.com or call (253) zoiplaw.com. Inquiries will be main- that has been operating for more resume to eugenebusinessattorney@ 509-9224. gmail.com. tained confidential upon request. than 40 years! A true staple in the community, the practice offers a va- GROWING PIERCE COUNTY PER- FULL-TIME PERSONAL INJURY AT- LINCOLN DEFENDERS & JUVENILE riety of services, focusing on Estate SONAL INJURY PRACTICE that was TORNEY POSITION AVAILABLE ADVOCATES, the indigent defense Planning (35%) and Real Estate established in 1975, has a great rep- –D’Amore Law Group is seeking a consortium for Lincoln County, is (25%). Contact info@privatepracti utation in the community, and has full-time, well-qualified attorney to currently accepting applications cetransitions.com or call (253) 509- over 90 active clients as of January join our personal injury litigation firm. from attorneys interested in provid- 9224. 2019. The gross revenues in 2018 D’Amore Law Group is a collegial, AV ing contract indigent defense ser- totaled over $415,000. The owner Preeminent rated personal injury firm vices for Lincoln County. We are ESTABLISHED ESTATE PLAN- would like to sell the Practice as a practicing in Oregon, Washington, seeking an attorney for a full time NING, PROBATE & BUSINESS LAW turn-key operation. The practice/ and California for the past 28 years. misdemeanor and felony case load. PRACTICE with offices in King and case breakdown by revenue is 99% Our attorneys represent plaintiffs in Applicants should have at least three Kitsap Counties. The practice/case Personal Injury and 1% Other. Con- complex personal injury litigation, years of criminal law experience. breakdown is 60% Estate Planning tact info@privatepracticetransitions. including motor vehicle, trucking, Please submit resume and cover let- & Probate, and 40% Real Estate, com or call (253) 509-9224. nursing home, sexual assault, medi- ter to Lincoln Defenders and Juvenile Business Law & Bankruptcy. Call cal negligence, product liability, avia- Advocates, PO Box 1070, Newport, (253) 509-9224 or email info@pri LOOKING TO PURCHASE YOUR tion, and insurance and banking bad Oregon or you can email the same vatepracticetransitions.com for more LEGAL PRACTICE – Do you have a faith litigation. Candidate must be an to [email protected]. information. small business practice that you are

50 OREGON STATE BAR BULLETIN • JULY 2019 looking to sell? We are a growing reception lobby, and staff kitchen- growth the last three years (2016- KONA, HAWAII – Lovely oceanfront firm looking to expand our prac- ette, 180 views from this 4th floor 2018). In 2018, the firm’s gross 1 BR condo. Large MBR, vaulted tice. Our primary practice areas are suite with tasteful decor. Sheryl revenues were over $915,000! The ceilings, great view. Tennis, oceans- business transactions, mergers & email: [email protected] Practice was established in 2009, has ide pool and spa, walk to town acquisitions, real estate, shareholder phone: (541) 672-1955. a great reputation in the legal com- (503) 780-3139. For photos, email: disputes, and estate planning and munity, and has over 150 active cli- [email protected] . probate. We are looking to take SUCCESSFUL KING COUNTY IN- ents as of January 2019. The owner over your lease and book of clients. SURANCE DEFENSE PRACTICE would like to sell the Practice as a OCEANSIDE – Beach house on cliff Our attorneys have graduated from that is located in the heart of Seattle turn-key operation. The practice/ side overlooking ocean and Netarts Bay. 3 bedrooms and 3 baths, 4 some of the top law schools in the and had 2018 gross revenues over case breakdown by revenue is 100% decks, fireplace, spa tub, washer/ country and worked at some of the $1,800,000. The Practice was es- Appeals. Contact info@privateprac dryer, and fully equipped kitchen. largest firms in Portland. We believe tablished in 2006, has a great repu- ticetransitions.com or call (253) 509- tation in the legal community, and $175 per night, $1000 weekly rate in offering our clients big-firm talent 9224. with a small-firm attitude. Contact has five (5) total employees, includ- plus $125.00 cleaning fee. ASK us if you think that we might be a ing the owner. Contact info@private THRIVING & WELL-ROUNDED ABOUT WINTER RATES. Contact fit. Please reply to the Oregon State practicetransitions.com or call (253) PIERCE COUNTY LAW PRACTICE Mary at [email protected] or Bar, Attn: Blind Ad A-11, P.O. Box 509-9224. that has been a staple in Pierce (503) 478-1295. 231935, Tigard, OR 97281 or email: County for over 20 years. The Prac- THINKING ABOUT BUYING OR PARIS APARTMENT. At Notre [email protected] with the blind ad tice is absolutely thriving with aver- SELLING A PRACTICE? If you are, Dame. Elegant 2 bedroom, 1 ½ number in the subject line. age gross revenues over $1.6 Million we can help you! Guaranteed. Pri- bath, with lift. In the heart of Paris. the last three years. The practice/case vate Practice Transitions, Inc. is the PROVENCE. 4 bedroom, 3 ½ bath PROFITABLE PACIFIC NORTH- breakdown is 30% Trusts, Estates & preeminent provider of specialized house with stunning, panoramic WEST INTELLECTUAL PROPERTY Probate, 15% Business Formation, brokerage services in the Northwest, view of Menerbes. Owned by WAC Practice that operates locally, nation- 15% Plaintiff Personal Injury, 15% catered specifically to the owners of member (202) 285-1201 or (503) ally and internationally. The Practice Commercial & Corporate Litigation, professional services businesses – like 227-3722. is mobile and amenable to working 8% Real Estate, 7 % Municipal, and out of a home office, with a flex- you! We have countless buyers and 10% Other. Contact info@private SCOTTSDALE – North Scottsdale ible month-to-month office lease sellers waiting for the right opportu- practicetransitions.com or call (253) home near Troon and TPC golf available for assignment to new nity. Take control of your tomorrow 509-9224. courses. Newly furnished. 3BR, 2BA, ownership, if desired. This Practice by calling us today at (253) 509-9224 52” plasma TV, pool, outdoor barbe- is thriving with owner’s discretionary or checkout our website at www.pri VERY ESTABLISHED SUBURBAN cue. No smoking, no pets. Tony at earnings over $250,000 each of the vatepracticetransitions.com. SW PORTLAND ESTATE PLAN- (503) 221-2271. last three (3) years! Contact info@ NING, probate and small business THRIVING BEND OREGON LAW privatepracticetransitions.com or call practice in a highly desirable loca- SUNRIVER – Cascara Vacation Rent- FIRM that has been a staple in the (253) 509-9224. tion with option to purchase fully als - Over 120 homes & condos Bend community for over 42 years. furnished building with rent revenue with hot tubs, free Wi-Fi, many pet PROFITABLE SNOHOMISH COUN- In 2018, the practice brought in over from other attorneys. Gross revenues friendly & with free access to the TY PERSONAL INJURY & BANK- $540,000 in gross revenues and over are over $400K with more potential. Sharc aquatic & recreation facility. RUPTCY PRACTICE that has been $357,000 in total owner perks. The Owner is available for transition and Contact us today at (800) 531-1130, in business for more than 27 years. practice has a case breakdown of mentorship. Send responses to the visit our web site at www.cascar The practice/case breakdown by rev- 29% Civil, 21% Estate, 16% Family/ Oregon State Bar, Attn: Blind Ad avacations.com or email us at enue is approximately 60% Personal Divorce, 16% Other (Contracts, Real W-32, P.O. Box 231935, Tigard, [email protected]. Injury, 35% Bankruptcy, and 5% Estate, Criminal, Business, PI, DUI, OR 97281 or email: blindad@osbar. Other. The Practice is located in a etc), 5% Land Use, 5% Landlord SUNRIVER – Warm, cozy, 2 bed- org with the blind ad number in the 1,022 SF fully furnished office that Tenant, 4% Corporate/LLC, and 4% room, 1 bath Ranch Cabin, ideal for subject line. is also available for sale, if desired. Water Law. Contact info@private a weekend getaway. Fireplace, TV, Contact info@privatepracticetransi practicetransitions.com or call (253) REAL ESTATE Wi-Fi, DVD, CD, BBQ, washer/dryer, tions.com or call (253) 509-9224. 509-9224. fully furnished & well-equipped. FRENCH QUARTER GET-A-WAY Sleeps 4. $95/night + $75 cleaning REGIONAL AND INTERNATIONAL THRIVING STEVENS COUNTY PER- CONDOMINIUM FOR SALE; fee (541) 944-2694. BUSINESS LAW PRACTICE with SONAL INJURY & FAMILY LAW ground floor of Greek Revival town- a stellar reputation and average PRACTICE that was established in house; fully furnished; outdoor patio; SERVICES gross revenues over $550,000 the 2009, has a strong client base, and pool; for more details see https:// AVIATION LAW – Landye Bennett last three years. The Practice/case brought in over $855,000 in gross nom.mlsmatrix.com/Matrix/Pub Blumstein LLP is one of the leading breakdown is 50% Business Law, revenue in 2018. The practice/case lic/Portal.aspx?k=622981XZ0DL&p firms in airplane and helicopter crash 35% Estate Planning, 10% General breakdown by revenue is approxi- =DE-26027433-746 or email litigation for plaintiffs, with over Legal Services, and 5% Intellectual mately 48% Personal Injury, 43% [email protected] . Property. The Practice is located in Family Law, and 9% Other (Estate 40 years of combined experience. We have successfully litigated cases East King County in a 2,000SF leased Planning, Probate, General Litiga- RECREATIONAL RENTALS office space. Contactinfo@private tion, etc.). The Practice employs five against many major aircraft/com- practicetransitions.com or call (253) (5) people: one (1) owner/attorney, KIHEI, MAUI, HAWAII – Large ponent manufacturers, including 509-9224. three (3) legal assistants, and one (1) oceanview 1BR-2BA condo, LR Cessna, Piper, Cirrus, Beech, Rock- office administrator. Contact info@ sofasleeper, two pools/spas, ten- well, Fairchild Sikorsky, Robinson, ROSEBURG CRIMINAL DEFENSE privatepracticetransitions.com or call nis, across from beach. Attorney Avidyne, Honeywell, Teledyne Con- & FAMILY LAW PRACTICE estab- (253) 509-9224. discounts. [email protected] tinental, Lycoming, Kaman, United lished private practice since 1995. (503) 291-1423; Video: https://www. Instruments, GE, Boeing, and Airbus Leased suite space approx. 2800 SF,. THRIVING VIRTUAL APPELLATE youtube.com/watch?v=txEcu Helicopters. Contact Matt Clarke or fully furnished. Includes law library, LAW PRACTICE that has experi- MFzELE - Pictures: samsandmire Christine Moore at (503) 224-4100, conference room, attorney offices, enced 17%, 30%, and 47% YoY idaho@gmail.com. or online at LBBLawyers.com.

JULY 2019 • OREGON STATE BAR BULLETIN 51 CIVIL LITIGATION PARALEGAL – Greene of Rosenthal, Greene & Dev- RESEARCH, MEMOS, BRIEFS, and anonymous advertiser as well as Over 28 years of experience with lin PC., states “ Their positive results appeals from a 25-year trial law- the reader, we offer the following expertise in mediation, arbitration & professionalism really shows” con- yer in Arizona and in Oregon. $60 service: If there is a firm you do not and trial, specializes in construction, tact Steve (503) 710-4414, email: hr. [email protected]. (520) 332- wish to respond to, list that firm (or employment and general litigation [email protected] web: 0132. For more information, see firms) on a note along with your paralegal support. Shawn Stanley, nwinvestigation.com. www.rogerwperry.com. response to the blind ad. If the Slingshot Legal Services, 10824 SE anonymous advertiser is a firm you Oak Street, #241, Portland, Oregon LANGFORD ENTERPRISES – 23 STRESS, anxiety, depression psy- have listed, your response will be re- 97222 Office - (503) 956-6629 or years Owner / Operator of The chotherapy and counseling; career cycled. Send both to blindad@osbar. cell - (503) 260-6549. www.slingshot HomeTeam Inspection Service 40 counseling; confidential assistance org with the blind ad number in the legal.com. years Const. Background Seek- improving strained relationships, subject line. Or, mail in a 9 x 12 inch ing court cases in need of an Ex- clarifying career considerations, re- envelope to Oregon State Bar, Attn. CONTRACT PARALEGAL – Tammy pert Witness for: • Construction sponding constructively to occupa- Blind Ad #[fill in the blank], P.O. Box Noon/S&T Support, LLC – Parale- Defects • Material Failure • Con- tional, family, and individual emo- 231935, Tigard, OR 97281. gal services on an as-needed basis. struction Applications • Opinion tional developments, transitions, etc. Background in estate planning, pro- on Home Building • Related Home Standish McCleary III, J.D., Ph.D., SUBMIT TO bate/trust administration, business Inspection issues. Greg Langford Lic. psychologist (16 yrs. atty); (503) Email: [email protected]; fax: law and civil litigation. Will work owner 503 675 7979 clackamas@ 228-0688. (503) 598-6911; mail: P.O. Box remotely or on-site within the Wil- hometeam.com. 231935, Tigard OR 97281, Attn: lamette Valley; 30 years’ experience. SUPPORT STAFF POSITIONS Advertising. For questions, contact Contact Tammy Noon, (503) 623- LEGAL ETHICS DEFENSE: ETHICS VIAL FOTHERINGHAM LLP is seek- Spencer Glantz at advertising@ 2779, [email protected], or ADVICE & OPINIONS – Christo- ing an experienced paralegal to sup- osbar.org, (503) 431-6356 or www.stsupportllc.com for listing of pher R. Hardman - Providing de- port busy real estate, land use and (800) 452-8260 ext. 356. services. fense services against Bar disciplin- estate planning, probate attorneys DEADLINES ary proceedings; legal ethics advice, DIVORCE/ESTATE PLANNING AP- in our Oregon office. Candidates The first business day of each consultations, and opinion letters. PRAISALS - Appraisal Valet can should have at least 4 years of expe- month for the following month’s Mr. Hardman is a former Assistant expertly manage your next resi- rience supporting attorneys in these issue. Disciplinary Counsel of the Oregon dential appraisal assignment. We practice areas. Preferred candidates State Bar Office of Disciplinary order, review and deliver hundreds will be well-versed in litigation pro- Counsel; and a former Bar prosecu- of appraisals monthly throughout cesses in state and federal courts, is tor. He is a speaker and moderator the Pacific Northwest allowing you a team-player and support, and will at Ethics Continuing Legal Educa- to benefit from the excellent rap- have an eye for detail. Pay depends tion Seminars sponsored by the Bar, port we have established with the on experience, and we offer gener- New Lawyers Division and others. most qualified/experienced apprais- ous benefits. Please send resume He may be contacted at his office: ers. Email admin@appraisalvalet. and writing sample to cdj@vf-law. Christopher R. Hardman, (503) net or call (503) 828-9441 for a free com. quote. 916-1787, or Fax (503) 916-1789; 25 NW 23rd Pl Ste 6, PMB 497; Port- WILL SEARCH ESTATE PLANNING TEMPLATES – land, OR 97210. SEARCHING for the Will for Jea- Automate your Oregon estate plan- nette M. Soby, Gresham or Portland, LEGAL NURSE CONSULTANT ning practice using HotDocs tem- Multnomah County, Oregon. Please – Offering Board Certified Legal plates for $100 per month with no contact Katelyn D. Skinner (530) Nurse Consultants with the LNCC contract. Complete information at: 620-8900 or [email protected]. www.nobleforms.com. certification from the American Association of Legal Nurse Consul- TO SUBMIT A CLASSIFIED EXPERT WEATHER TESTIMONY – tants---the gold standard in LNC Weather & climate data research and credentialing. The ONLY certifica- POSITIONS AVAILABLE analysis 25+ years meteorological tion recognized by the American $30 for the first 20 words, 50 cents expertise – AMS Certified – exten- Board of Nursing Specialties. Offer- each additional word. sive weather database – specializing ing the following services: review SERVICES in ice, snow, wind & atmospheric files for standards of care and any $40 for the first 20 words, 50 cents lighting. Meteorologist Scott Dorval. deviations that may have occurred, each additional word. (208) 690-9464 sdorval88@gmail. provide chronologies/summaries, com demonstrative evidence, translate ALL OTHER ADS and interpret medical records. Ex- $40 for the first 20 words, 50 cents FORENSIC DOCUMENT EXAM- pert Witness location services. Av- each additional word. Oregon State INER – Trained by the Secret Service erage length of experience in nurs- Bar members receive a $10 discount and US Postal Crime Lab examiners. ing for our consultants is 20 years on these ads. Fully equipped laboratory. Qualified and includes experience in clinical in state and federal courts. Retired areas such as: Corrections Health- COLOR from the Eugene Police Department. care, Critical Care, Telemetry, Long- Color may be added to any ad for Jim Green, (888) 485-0832, www. an additional $20. documentexaminer.info. Term Care, Workers’ Compensa- tion as well as many other specialty BLIND ADS INVESTIGATION – Northwest Inves- areas! Willamette Nurse Consul- Add $15 to the cost of the ad for tigations & Consulting is a full ser- tant Group, (971) 777-2687 info@ this service. vice investigation firm specializing in: willamettenurseconsultantgroup. Trial Preparation, Locates, Interviews, com www.willamettenurseconsul BLIND AD REPLIES Asset & Background Checks. Mike tantgroup.com. To protect the confidentiality of an

52 OREGON STATE BAR BULLETIN • JULY 2019 Attorneys’ Marketplace

ACCIDENT RECONSTRUTION ACCOUNTANTS, CONT. BUSINESS VALUATIONS, CONT. Accident Analysis Service Litigation Support Cogence Group, PC Don Webb Morones Analytics, LLC Jay Sickler, CPA, CFF, ABV, ASA 3890 Brush College Rd, Salem, OR 97304 Serena Morones 935 NW Everett St PH 503-931-0670 FX 503-589-1826 625 SW Broadway, Ste 200 Portland, OR 97209 [email protected] Portland, OR 97205 PH 503-467-7900 x1 FX 503-243-2802 www.crashspeed.com PH 503-223-5168 CELL 503-906-1579 [email protected] FX 503-223-5179 www.cogencegroup.com ACCOUNTANTS Financial forensics | Business valuation. Answers to [email protected] complex financial questions. We are accurate, Cogence Group, PC www.moronesanalytics.com credible, and ethical. Our professional team is Damage analysis, forensic accounting, fraud comprised of all CPAs, passionate about what we do, Jay Sickler, CPA, CFF, ABV, ASA investigation, data analytics, intellectual which translates into serving our clients with the very 935 NW Everett St, Portland, OR 97209 property damages, lost wages, wrongful death best we can offer. Jay Sickler has 29 years of full-time and business valuation. financial forensics experience. He has testified in more PH 503-467-7900 x1 FX 503-243-2802 than 130 cases as an expert witness, more than many [email protected] other experts combined. Our reputation is built on www.cogencegroup.com APPRAISERS being skilled in communicating our findings persuasively and with integrity. We get the job done Financial forensics | Business valuation. Answers to Residential Appraisal complex financial questions. We are accurate, credible, right, on time, and backed up by expert testimony. and ethical. Our professional team is comprised of all Bernhardt Appraisal CPAs, passionate about what we do, which translates Corporate Valuations, Inc. Nathan Bernhardt into serving our clients with the very best we can offer. Blake J. Runckel Jay Sickler has 29 years of full-time financial forensics 5319 SW Westgate Dr #219 PO Box 82908 experience. He has testified in more than 130 cases as Portland, OR 97221 an expert witness, more than many other experts Portland, OR 97282 combined. Our reputation is built on being skilled in PH 503-349-3765 PH 503-235-7777 FX 503-235-3624 communicating our findings persuasively and with [email protected] integrity. We get the job done right, on time, and [email protected] portlandresidentialappraisal.com backed up by expert testimony. www.corpval.com Appraiser with 25 years experience specializing in “Corporate Valuations, Inc. is a national business Holmes & Company, LLP divorce appraisal, probate appraisal, estate appraisal, valuation and financial advisory firm founded in and bankruptcy appraisal. We are exclusively a private, 1983. We offer a broad range of valuation services, William N. Holmes, CPA, CFE non-lending appraisal company, so we can focus on our including corporate valuation, gift, estate, and 7128 SW Gonzaga St, Ste 100 professional clients (Attorneys, CPA’s, Realtors, and income tax valuation, buy-sell agreement valuation, Property Managers) needs. Our corporate partner, Portland, OR 97223 financial reporting valuation, ESOP and ERISA Bernhardt SwissTrust Real Estate, also offers free valuation services, and litigation and expert PH 503-270-5400 FX 503-270-5401 Comparative Market Analysis’ as well as a full suite of testimony consulting. In addition, Corporate [email protected] realty services that can be helpful during the legal Valuations assists with transaction-related needs, process. Call us today to find out more! www.pdxcpas.com including M&A advisory, fairness opinions, and strategic alternatives assessment. Fraud and Forensic Accounting / Economic Damages / Business Valuation / Commercial Litigation / Accounting BUSINESS VALUATIONS We have provided thousands of valuation opinions and Tax Malpractice / White Collar Financial Crime / for corporations of all sizes in a variety of industries. Expert Testimony / Full Service Public Accountants / BV Advisors, LLC To paint an accurate picture, the valuation of a Plaintiff and Defense. Mr. Holmes has approximately 25 business or its underlying assets calls for a years of experience in matters ranging from complex Lee Foster combination of science and experience. The business litigation, bankruptcy, class action, construction, 888 SW Fifth Ave, Ste 800 valuation consultants at Corporate Valuations offer contract disputes, embezzlement, employment, Portland, OR 97204 practical insight into the strategic, operational and financial statements audits, intellectual property, financial affairs of the business–so you can personal injury, professional liability and malpractice, PH 503-445-3376 FX 503-227-7924 understand the real value–regardless of industry. Our securities fraud, shareholder rights and tax issues. [email protected] valuation opinions are well-reasoned and thoroughly documented, providing critical support for any Litigation Support www.bvadvisors.com potential engagement. Our work has been reviewed Valuation of debt and equity securities, intellectual and accepted by the major agencies of the federal BV Advisors, LLC property and other intangible assets for private and government charged with regulating business public companies (ESOPs, 409A, transfer pricing, transactions, as well as the largest accounting and Lee Foster fairness opinions, corporate/marital dissolutions, etc.). law firms in the nation in connection with 888 SW Fifth Ave, Ste 800 Forensic and economic damages analysis (lost profits/ engagements involving their clients.” Portland, OR 97204 wages, patent infringement, breach of contract, business interruption claims, etc.). PH 503-445-3376 FX 503-227-7924 [email protected] www.bvadvisors.com Valuation of debt and equity securities, intellectual property and other intangible assets for private and public companies (ESOPs, 409A, transfer pricing, fairness opinions, corporate/marital dissolutions, etc.). Forensic and economic damages analysis (lost profits/ wages, patent infringement, breach of contract, business interruption claims, etc.).

JULY 2019 • OREGON STATE BAR BULLETIN 53 Attorneys’ Marketplace

BUSINESS VALUATIONS, CONT. COMPUTER FORENSICS, CONT. FORENSIC ACCOUNTING Holmes & Company, LLP Deadbolt Forensics Cogence Group, PC William N. Holmes, CPA, CFE Michael Yasumoto Jay Sickler, CPA, CFF, ABV, ASA 7128 SW Gonzaga St, Ste 100 1500 NW Bethany Blvd, Ste 200 935 NW Everett St, Portland, OR 97209 Portland, OR 97223 Beaverton, OR 97006 PH 503-467-7900 x1 FX 503-243-2802 PH 503-270-5400 FX 503-270-5401 PH 503-683-7138 [email protected] [email protected] [email protected] www.cogencegroup.com www.pdxcpas.com www.deadboltforensics.com Financial forensics | Business valuation. Answers to Fraud and Forensic Accounting / Economic Damages / complex financial questions. We are accurate, credible, Business Valuation / Commercial Litigation / Accounting and ethical. Our professional team is comprised of all and Tax Malpractice / White Collar Financial Crime / COUNSELING & FORENSIC CPAs, passionate about what we do, which translates Expert Testimony / Full Service Public Accountants / EVALUATION into serving our clients with the very best we can offer. Plaintiff and Defense. Mr. Holmes has approximately 25 Jay Sickler has 29 years of full-time financial forensics years of experience in matters ranging from complex Lanthorn Counseling & experience. He has testified in more than 130 cases as an expert witness, more than many other experts litigation, bankruptcy, class action, construction, Forensic Evaluation, Inc. contract disputes, embezzlement, employment, combined. Our reputation is built on being skilled in financial statements audits, intellectual property, Dr. Kathryn Landthorn communicating our findings persuasively and with integrity. We get the job done right, on time, and personal injury, professional liability and malpractice, 402 E Yakima Ave, Ste 800 securities fraud, shareholder rights and tax issues. backed up by expert testimony. Yakima, WA 98901 Markee Valuations, LLC PH 509-901-0806 Cone Consulting Group Laura Markee [email protected] Jeff Cone 412 W 12th St, www.lanthorncounseling.com 15582 S Howards Mill Rd Vancouver, WA 98660 Mulino, OR 97042 PH 971.201.7349 COURT BONDS PH 503-776-0224 [email protected] [email protected] Court Bonds www.conegroup.com www.markeevaluations.com 5727 SW Macadam Ave Morones Analytics, LLC Portland, OR 97239 Geffen Mesher PH 503-977-5624 • 800-632-6878 Serena Morones David S. Porter, CPA, CFE, PI, Shareholder FX 503-245-9188 625 SW Broadway, Ste 200 888 SW 5th Ave, Ste 800 [email protected] Portland, OR 97205 Portland, OR 97204 www.jdfcourtbonds.com PH 503-223-5168 CELL 503-906-1579 PH 503-445-3417 FX 503-227-7924 A division of JD Fulwiler & Company Insurance. FX 503-223-5179 [email protected] [email protected] www.gmco.com www.moronesanalytics.com COURT REPORTERS A good forensic accounting team possesses the desire to dig, delve, ask questions and consider all possible Business valuation, complex damage analysis, Iba, Symonds & Dunn scenarios. Geffen Mesher’s Forensic team includes forensic accounting, fraud investigation, intellectual property damages, lost wages. Chris Iba, Debi Symonds, Joyce Dunn four Certified Fraud Examiners (CFEs). 10260 SW Greenburg Rd, Ste 400 Stuart Weiss Business Valuations Portland, OR 97223 Holmes & Company, LLP Stuart Weiss PH 503-224-4438 • 800-449-4438 William N. Holmes, CPA, CFE 1001 SW 5th Ave #1100 FX 503-293-8499 7128 SW Gonzaga St, Ste 100 Portland, OR 97204 [email protected] Portland, OR 97223 PH 503-223-3142 www.isdreporters.com PH 503-270-5400 FX 503-270-5401 [email protected] [email protected] www.stuartweisscpa.com FORENSIC & ECONOMIC www.pdxcpas.com Valuing family businesses since 2002. Reports in plain CONSULTING Fraud and Forensic Accounting / Economic Damages / English Stanford MBA/CPA/ABV. Bonus: as an RIA, can Business Valuation / Commercial Litigation / Accounting review investment portfolios. and Tax Malpractice / White Collar Financial Crime / The Economics Group Expert Testimony / Full Service Public Accountants / Walter Lierman Plaintiff and Defense. Mr. Holmes has approximately 25 COMPUTER FORENSICS 18866 Old River Dr, West Linn, OR 97068 years of experience in matters ranging from complex litigation, bankruptcy, class action, construction, Computer Forensics, Inc. PH 503-957-9554 contract disputes, embezzlement, employment, [email protected] financial statements audits, intellectual property, Roy Miller www.theeconomicsgrp.com personal injury, professional liability and malpractice, 10774 SE Hwy 212 securities fraud, shareholder rights and tax issues. As an attorney, have you ever been faced with the Clackamas, OR 97015 question: “What is the present value of damages, to my PH 503-655-1405 FAX 503-655-1408 client, due to a tort”? If so, you have come to the right place. Since 2003, The Economics Group, LLC, has been [email protected] providing quality, accurate, and sound forensic www.computerforensicsinc.com economics reports, expert testimony, and litigation support. Contact us today for a free confidential discussion. The Economics Group, LLC will provide the experience, knowledge, insight, and value that you can count on.

54 OREGON STATE BAR BULLETIN • JULY 2019 FORENSIC ACCOUNTING, CONT. LITIGATION SUPPORT, CONT. PHOTOGRAPHY Morones Analytics, LLC Spear Litigation Technology Keene Studio Serena Morones Steve Spear Ed Keene 625 SW Broadway, Ste 200 PH 503-430-4238 920 SW 13th Avenue, Portland, OR 97205 Portland, OR 97205 [email protected] PH 503-224-4410 PH 503-223-5168 CELL 503-906-1579 [email protected] Law Offices of C. R. Hardman, LLC FX 503-223-5179 www.keenestudio.com Christopher Hardman [email protected] 25 NW 23rd Pl, Ste 6, PMB 497 www.moronesanalytics.com REAL ESTATE Forensic accounting, fraud investigation, data analytics, Portland, OR 97210 complex damage analysis, intellectual property damages, PH 503-916-1787 FX 503-916-1789 Michelle Chao, LLC lost wages, wrongful death, business valuation. [email protected] Michelle Chao [email protected] HANDWRITING EXPERTS LITIGATION SUPPORT/ www.michellechaollc.com Forensic Handwriting TRIAL CONSULTING PH 971-235-3061 & Document Examination I am a Real Estate Agent and I am also a Real Estate and NAEGELI Deposition and Trial Business Attorney. I am also a Master Certified J. Joseph & Associates Rich Teraci Negotiation Expert, a designation held by only 0.02% Jacqueline A. Joseph, CDE, D-BFDE 111 SE 5th Ave, Ste 2020 of realtors. 921 SW Washington St, Ste 708 Portland, OR 97204 Portland, OR 97205 PH 503-227-1554 • 800-528-3335 VIDEO SERVICES PH 503-227-3411 FX 503-227-7123 Discovery Media Productions, Inc. [email protected] [email protected] Devin Williams, CLVS www.naegeliusa.com www.jjhandwriting.com 10725 SW Barbur Blvd, Ste 102 Jacqueline A. Joseph, CDE, D-BFDE. Established and NAEGELI Deposition and Trial has been known as the trusted since 1992. The only double-board certified leading choice for court reporting and litigation support Portland, OR 97219 examiner in the Pacific Northwest. Recognized & court for over 40 years. Our team of dedicated trial experts PH 503-892-1998 qualified (state/federal) more than 70 testimonies. continually strive to set the industry standard with all- [email protected] Identifies document tampering, suspicious signatures/ inclusive services and state of the art technology. From our handwriting, anonymous note writers and more. corporate headquarters located in Portland, Oregon, and www.discoverymp.com Serving Oregon, the Pacific Northwest and beyond! additional offices throughout the United States, we proudly offer our clients world-class service. We provide court reporters, video conferencing, videography, legal INSURANCE copying and scanning, trial technology consultants and trial technicians, transcription services, and legal Brown & Brown Northwest interpreting—all nationwide. NAEGELI continues to be one of the most sought-after firms in the country, Shannon Morrison offering exemplary service at competitive prices. With 2701 NW Vaughn, Ste 320 combined decades of experience amongst our expert Portland, OR 97210 court reporting and trial support teams, NAEGELI provides peace of mind every step of the way. PH 503-219-3242 FX 503-914-5448 [email protected] www.bbnw.com

LITIGATION SUPPORT Holmes & Company, LLP William N. Holmes, CPA, CFE 7128 SW Gonzaga St, Ste 100 Portland, OR 97223 PH 503-270-5400 FX 503-270-5401 [email protected] Please support the www.pdxcpas.com advertisers who support Fraud and Forensic Accounting / Economic Damages / Business Valuation / Commercial Litigation / Accounting and THANK the Attorneys’ Marketplace. Tax Malpractice / White Collar Financial Crime / Expert Testimony / Full Service Public Accountants / Plaintiff and Defense. Mr. Holmes has approximately 25 years of experience in matters ranging from complex litigation, Want to be featured in bankruptcy, class action, construction, contract disputes, embezzlement, employment, financial statements audits, YOU! next month’s issue? intellectual property, personal injury, professional liability and malpractice, securities fraud, shareholder rights and tax issues. Check out our featured listings For details please contact LLM Publications online at www.osbar.org. phone 503-445-2240 • [email protected]

JULY 2019 • OREGON STATE BAR BULLETIN 55 ave SUMMER SALES Don’t wait until the last minute to earn your CLE credits or expand your library of legal publications. Mark your calendar for our SUMMER SALES, then head for the coast... Legal Publications Sale runs July 1 - Aug. 31 Save 20% when you order any of these books: • Elder Law, 2017 Edition • Oregon Real Estate Deskbook, Vols. 1-5 , 2015 Edition • Veterans, Military Servicemembers, and the Law, 2018 Edition • Fee Agreement Compendium, 2018 Edition • Annie & the Octopus: Common-Law Indemnity, 2018 Edition

View the full catalog at www.osbar.org/publications and use coupon code SUMMER2019 at checkout. Or call the service center to place your order: (503) 431-6413. CLE Seminars Sale runs Aug. 1-14 Save 15% on OSB CLE on-demand videos or MP3 audio seminars. View the full catalog at www.osbar.org/seminars and use coupon code AUGSALE19 at checkout.

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