River Watchdog Brett Vandenheuvel and Columbia Riverkeeper Protect Crucial Waterway
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APRIL 2021 Attorney Profile River Watchdog Brett VandenHeuvel and Columbia Riverkeeper Protect Crucial Waterway Also Inside: Now Hiring Legal Employment Outlook Promising Despite Pandemic and Economic Slowdown OREGON STATE BAR BULLETIN APRIL 2021 VOLUME 81 • NUMBER 6 Brett VandenHeuvel leads Columbia Riverkeeper, a nonprofit striving to organize and empower local communities, enforce environmental laws and build strategic coalitions in an effort “to protect and restore the Columbia River and all life connected to it.” He knows everyone values clean water and protecting the health of their families, which are two of the reasons he’s been doing this iStock.com/vitpho since 2009. Read more starting on page 16. FEATURES 16 Attorney Profile: River Watchdog Attorney Brett VandenHeuvel and Columbia Riverkeeper Partner With Schools, Residents to Protect Crucial Waterway By Cliff Collins 22 Now Hiring Employment Outlook Promising Despite Pandemic and Economic Slowdown By Melody Finnemore COLUMNS 9 Bar Counsel 34 Law & Life Client Security Fund Report: Engaging a ‘Strength OSB Sees Continuing Upward Multiplier’: The Vigors of Trend in Claims Private Continuing Legal By Amber Hollister Education 13 The Legal Writer By Kelly L. Andersen Opposites Attract: Context 38 Managing Your Practice is Key When Tossing Out A Balancing Act: Conflicts Contronyms and Confidentiality in By Elizabeth Ruiz Frost Insurance Defense 28 President’s Message By Mark J. Fucile Professionalism Amid the 62 Parting Thoughts Pandemic: Our Behavior Can The Power of L.A.C.E. Increase Faith in the By Yvette M. Alex-Assensoh Judicial System By David Wade 30 Profiles In The Law Modeling Servant Leadership: Angelica Vega Gives Underrep- The Oregon State Bar Bulletin (ISSN 0030-4816) resented Communities a Voice is the official publication of the Oregon State Bar. By Janay Haas The Bulletin is published 10 times a year (monthly except bimonthly in February/March and August/ September) by the Oregon State Bar, 16037 S.W. Upper Boones Ferry Road, Tigard, OR 97224. The DEPARTMENTS Bulletin is mailed to all members of the Oregon State 7 Briefs 48 Bar People Bar, a portion of the dues for which is allocated for the purpose of a subscription. TheBulletin is 42 OSB Education & Research Among Ourselves also available by subscription to others for $50 per 44 Bar News Moves year, $90 per two years, within the United States. In Memoriam 46 Bar Actions Individual copies are $5; back issues are $5 each, 55 Classifieds when available. Periodicals postage paid at Portland, Discipline Oregon 97208. POSTMASTER: Send address 59 Attorneys’ Marketplace changes to Oregon State Bar, P.O. Box 231935, Tigard, OR 97281-1935. OSB Annual Awards CALL FOR NOMINATIONS The nomination deadline for the 2021 OSB awards honoring Oregon’s most outstanding lawyers, judges and others is Tuesday, June 29 at 5 p.m. Nomination criteria, forms and other information about the following awards can be found at www.osbar.org/osbevents • OSB Award of Merit Wallace P. Carson Jr. Award for Judicial Excellence President’s Diversity & Inclusion Award President’s Membership Service Award President’s Public Service Award President’s Public Leadership Award President’s Sustainability Award President’s Technology & Innovation Award • The Oregon Bench & Bar Commission on Professionalism’s Edwin J. Peterson Professionalism Award • For additional information, please contact Cathy Petrecca at (503) 431-6355 or [email protected] BRIEFS courtrooms or other spaces in our live. CLE credits for attorneys/judges and communities. We also are experi- DPSST credits for law enforcement are menting with conducting jury tri- available, organizers say. als by remote means — in whole or For more information, contact Amy in part.” Benedum at [email protected]. • “Although we are seeing some in- or.us or visit oregonsatf.org and click on creases in the number of pending Trainings. cases, we have plans to resolve those cases without substantial increases Diversity Legal Job Fair in the time to disposition.” Attracts 133 Applicants To read the complete text of CJO 21-009 More than 130 career seekers interacted and the Chief Justice Walters’ letter, go to with 81 employer booths during the first osbar.org/resources/covid19.html. annual Oregon Diversity Legal Job Fair, a two-day virtual event held March 9-10. Trainings Focus on Trauma, A steering committee of representa- Trauma-Informed Courtrooms tives from the Urban League of Portland, The Oregon Judicial Department and the Oregon Attorney General’s Sexual As- sault Task Force have collaborated on a se- iStock.com/smolaw11 By the Numbers ries of trainings for judges and attorneys on trauma and trauma-informed courtrooms. Chief Justice’s Order Updates The free sessions, which began April 6 Older (and Wiser?) Rules for Court Operations with a focus on the neurobiology of trauma, Lawyers are older than most American Chief Justice Martha Walters marked continue in May and June on two tracks — workers on average, according to the the one-year anniversary of COVID-induced U.S. Bureau of Labor Statistics. The me- one for judges and another for attorneys, dian age for lawyers in 2019 was 47.5 restrictions on court operations with a new court staff, law enforcement, advocates and years old, which means half are younger executive order and a letter to bar members others who work in the justice system. The and half are older; by comparison, the that provide detailed information related to median age of all U.S. workers is 42.3. presenters are Dr. Chris Wilson, a licensed Why? First, very few lawyers are younger the administration of Oregon’s judicial sys- psychologist who conducts trainings na- than 25, but roughly 12 percent of all tem during the continuing pandemic. tionally and internationally; and Hon. American workers are. Second, roughly 15 percent of all lawyers are 65 or older, The changes, which were announced on Shaun Floerke, who served as a district compared to only 7 percent of all U.S. March 12, will remain in effect until social court judge for the 6th Judicial District of workers. Here’s the breakdown: distancing and other practices required by Minnesota from 2004-2020 after working as Gov. Kate Brown’s emergency declaration a prosecutor and litigation attorney in pri- 19% and associated restrictions are lifted, accord- vate and public practice. Lawyers between the ages of 25-34, compared to 23% of all U.S. workers ing to the chief justice, who noted that: The sessions, which are all scheduled • “Our courts are now scheduling and from 10 a.m.-noon, include: 25% conducting every type of court pro- • For Judges: “Trauma-Informed Lawyers between the ages of 35-44, ceeding. Some courts may not be Courtroom” on Tuesday, May 4; compared to 21% of all U.S. workers prioritizing some types of proceed- and “Vicarious Trauma and Resil- ings, such as small claims or traffic ience” on Tuesday, June 8. Register 23% Lawyers between the ages of 45-54, violation cases, but we are making a at tinyurl.com/OJDForJudges. compared to 20% of all U.S. workers concerted effort to provide the full • For attorneys, court staff, law en- range of court services.” forcement and advocates: “Trau- 18% • “We have learned how to conduct ma-Informed Courtroom” on Thurs- Lawyers between the ages of 55-64, compared to 27% of all U.S. workers many of our proceedings by remote day, May 6; and “Vicarious Trauma means and have taken many steps to and Resilience” on Thursday, June 15% reduce obstacles to the use of those 10. Register for these sessions at Lawyers 65 years of age and older, means.” tinyurl.com/OJDForCourtStaff. compared to 7% of all workers in the United States • “We have devised ways to conduct The trainings will be recorded and in-person jury trials using additional made available for those who can’t attend APRIL 2021 • OREGON STATE BAR BULLETIN 7 Quotable “Who knows what could have happened? But we need to understand that judges are at risk. That we put ourselves in April 2021 great danger every day for doing our jobs.” Interim Editor Michael Austin Publisher Anna Zanolli — U.S. District Court Judge Esther Salas, telling CBS News in February that a gunman who killed her son and wounded her husband in 2020 had Art Director Sunny Chao also set his sights on Supreme Court Justice Sonia Sotomayor. Salas and OSB President others are working to pass legislation that would protect judges’ personally David Wade, Eugene identifiable information from publication on public internet sites. OSB President-Elect Kamron Graham, Portland OSB Immediate Past President Liani JH Reeves, Portland members of Oregon’s affinity and specialty Thanks to the support of more than a bars and the Oregon State Bar, and various dozen sponsors — including presenting Board of Governors public- and private-sector legal employers sponsors Bullivant Houser, Davis Wright Colin Andries, Portland came together to organize the gathering, Tremaine and the Oregon Association of Christopher Cauble, Grants Pass which focused on connecting Oregon legal Defense Counsel — the job fair was free for Gabriel Chase, Portland employers to diverse attorneys, paralegals all career seekers to attend. Jenny Cooke, Portland Katherine Denning, Salem and other legal support professionals. Now, the steering committee is looking Lee Ann Donaldson, Portland During the fair, 133 applicants met with ahead to next year, with the hopes of offer- John E. Grant III, Portland prospective employers through more than ing a hybrid virtual and in-person event. Bik-Na Han, Hillsboro 600 instant messaging and video interview For more information, visit ODLJF.org Joseph Hesbrook, Bend sessions. Attendees came from Oregon and or follow the Oregon Diversity Legal Job Ryan Hunt, Salem beyond, including international career seek- Fair on LinkedIn (linkedin.com/company/ Matthew McKean, Hillsboro ers.