MuLTNoMAH LAwYER
Lawyers associated for justice, service, professionalism, education and leadership for our members and our community. November 2007 Volume 53, Number 10 Bridging the Gap to the Future MBACLE By Th om Brown, MBA President. To register for a CLE, please see the inserts in this issue or go to www.mbabar.org. I n this month’s column, I want to work on “bridging the gap” not only has a present important purpose, but talk about a subject that I’ve spent it also plays a key role in helping to see what fi rms like mine, for example, a good deal of time thinking about will need to understand and do to thrive in the future. November and focusing on over the last few Thursday, November 8 years: blending Traditionalists (born I’m not alone in that thinking – both the OSB and the MBA have present Domestic Violence Law before 1946), Baby Boomers (born plans to look at the “future of the profession,” a signifi cant part of which Drew Bobzien between 1946 and 1964), Gen Xers will involve further examination of law fi rm demographics, including age, Judge Maureen McKnight (born between 1965 and 1980) and gender, race, ethnicity and sexual orientation. For the OSB, the present Gen Yers (born aft er 1980) in law goal is a summit in 2008. For the MBA, the present plan is a YLS “futures Tuesday, November 20 fi rms. Managing partners, like me, have faced the opportunities and committee,” an MBA membership committee, the ongoing integration of Arbitration Clauses in challenges that bridging these generations provide within our own the work of the MBA Board and the YLS Board and participation in the Contracts fi rms, and the MBA took important fi rst steps last year to address OSB’s summit planning. All these eff orts, I hope, will play an important Caroline Harris Crowne those opportunities and challenges through a joint committee of role in ensuring that our profession builds strong bridges among the Julia Markley managing partners and young lawyers. And, in my term as MBA generations, bridges that will lead to a bright and better future for the Carl Neil President, I’ve made the continued work of the group one of my goals, profession and for all of us who continue in it and those joining us over along with building stronger personal and working relationships the upcoming years. As always, if you have ideas on how to achieve those Tuesday, November 27 between the MBA Board and the YLS Board and both bodies’ current goals – or would like to be actively involved in the MBA’s eff orts – give the Non-Competition and and future leaders. MBA a call at 503.222.3275. Arbitration Agreements Anne Denecke Th e MBA “Generation Task Force” spent almost a year studying the Jeff Edelson similarities and diff erences among Traditionalists, Baby Boomers, Dan Gardner Gen Xers and Gen Yers. Th e work included a member survey that Congratulations to Carl drew an astonishing 36% response rate. Th e group published a report, which was presented at an MBA CLE and to a joint meeting of the December MBA Managing Partners Roundtable and the YLS Board. Some of Neil and all Award Winners Thursday, December 6 the key fi ndings were: (1) while job satisfaction is high across all Appellate Cases generations, it is much higher with Traditionalists and Baby Boomers Th e MBA Awards Luncheon held September 19 recognized outstanding Hon. Darleen Ortega than Gen Xers and Gen Yers; (2) 47% of Gen Xers did not plan to be volunteers. Th is year’s Professionalism Award winner was Carl R. Hon. David Schuman with their current fi rms in 10 years; indeed, of those people, nearly Neil. In addition to Neil, 19 outstanding volunteers were recognized. Lisa Lear 39% plan to stop practicing law all together; (3) “work life balance” Th e MBA Award of Merit was presented to Keith M. Garza, Susan D. Jim Westwood plays a role across all groups, but a much greater role with younger Marmaduke and Charles S. Tauman. Th e MBA YLS Award of Merit lawyers; and (4) younger lawyers value, much more than older was given to Lainie M. Dillon, Jennifer Durham, Laurie R. Hager, Tuesday, December 11 lawyers, mentoring, supportive leadership, transparency in fi rm Amber A. Hollister, Justin D. Leonard and Kristin H. Sterling. Pro Financial Discovery & Civil fi nancial matters, communication of expectations and feedback and Bono Awards recognized Peter S. Willcox-Jones, Michael B. Hallinan, Litigation a more team-oriented working environment. Beverly C. Pearman, Stephen S. Walters, Don H. Marmaduke, Hon. Elizabeth Perris, Scott G. Seidman, Anna Sortun, Kent B. Th urber Craig Bachman Rob Shlachter Th e “Generation Task Force” report included a number of and David B. Gray. Jay Sickler recommendations: (1) hold fi rm-wide discussions to explore such topics as fi rm culture, leadership and work/life balance; (2) Congratulations to all the very deserving award winners! Thursday, December 13 aft er identifying workplace culture and values, align planning, White Collar Crime policies, procedures, practices, recruiting and marketing with Th ank you to our Awards Luncheon sponsors. David Angeli that vision; (3) clarify and articulate the path to partnership, and Robert Calo provide information that will allow associates to more fully and Affi nity Sponsors knowledgeably participate in the planning and success of the fi rm; Bank of the Cascades and (4) provide mentoring, training and coaching in areas of Th e Bar Plan interest and need. If you haven’t read the report, I encourage you to Canon Business Solutions read it (you can fi nd it on the MBA’s Web site). And, I encourage you Legal Northwest Staffi ng Specialists to give thought to how well your fi rms or practices are addressing LexisNexis In This Issue Th e Naegeli Reporting Corporation each of the report’s recommendations. Announcements...... p. 4 Northwest Employee Benefi ts Ethics Focus...... p. 4 So, why do I think continued work on “bridging the gap” is Offi ce Depot Around the Bar...... p. 7 important? Well, for a couple of reasons: (1) because the work will Tips From the Bench ...... p. 8 News from the Courthouse...... p. 8 hopefully help in keeping younger lawyers from leaving private Major Sponsors Bullard Smith Jernstedt Wilson Carl Neil’s Remarks...... p. 8 practice law fi rms (including mine); and (2) because younger lawyers Profi le: Judge Walker...... p. 9 are – obviously – the future of the profession. And so, the continued Cushman & Wakefi eld YLS...... p. 10 Northwest Bank Classifi eds...... p. 14 Multnomah Bar Foundation... p. 16 Table Sponsors MULTNOMAH BAR ASSOCIATION Ater Wynne PRSRT STD MULTNOMAH BAR 620 SW FIFTH AVE., SUITE 1220 Ball Janik ASSOCIATION U.S. POSTAGE Barran Liebman 620 SW 5TH AVE SUITE 1220 PORTLAND, OREGON 97204 PAID Bodyfelt Mount Stroup & Chamberlain PORTLAND, OREGON 97204 Cosgrave Vergeer Kester 503.222.3275 PORTLAND, OR Harrang Long Gary Rudnick FAX 503.243.1881 WWW.MBABAR.ORG PERMIT NO. 00082 K&L Gates Markowitz Herbold Glade & Mehlhaf Miller Nash Oregon State Bar Sussman Shank Tonkon Torp
Contiued on page 9 MuLTNoMAH LAWYER
BOARD OF DIRECTORS
MBA Board of Directors KNOLL MEDIATION President !SHER 0ORTFOLIO !DVISORS )NC Thomas W. Brown Pwfs!31!zfbst!pg!fyqfsjfodf!xpsljoh!xjui!Rvbmjßfe!Sfujsfnfou!Qmbot President-Elect J. Michael Dwyer Secretary Scott Howard Mediation & Arbitration Tff!xibu!dbo!ibqqfo!xifo!zpv! Treasurer Leslie N. Kay sfnpwf!ßobodjbm!cjbt!gspn!uif! • Experience gvoe!tfmfdujpo!qspdftt/ Past President • Integrity Peter H. Glade • Solutions Directors Tfswjdft!qspwjefe!po!b!àbu!gff!ps!ipvsmz!cbtjt/ David I. Bean YLS President James L.Knoll, P.C. ATTORNEY AT LAW Christine M. Meadows Tufwf!Nfimjh ABA Delegate 503.222.9000
Michael H. Bloom 1500 SW Taylor Street • Portland, OR 97205 btifsqpsuAdpndbtu/ofu!/!!)614*!635.5341 fax 503.222.9003 e-mail [email protected] Nancie K. Potter www.knollmediation.com David A. Ernst Jeff Crawford BARKER Sarah J. Crooks Michelle S. Druce RICHARD MAIZELS ARBITRATION & MEDIATION Arbitrator & Mediator Lisa M. Umscheid Executive Director Judy A.C. Edwards Mediator – 12 years Mediation that Works Director, Member Services Arbitrator – 30 years Arbitration by the Rules Guy Walden Circuit Court Judge Pro Tem – 20 years Director, Events and Programs Kathy Maloney Trial Lawyer – 41 years John Barker Manager, Membership & Public Outreach Scheduling on Short Notice E-mail: [email protected] Kennedy Smith Statewide Travel Phone: 503-227-6300 Fax: 503-220-4224 Executive Assistant 1000 SW Broadway, Ste 1700 ■ Portland, OR 97205 Carol Hawkins • Bodily Injury • Business and Real Estate Office Administrator Disputes Ryan Mosier CHECK AVAILABLE DATES AND SCHEDULE ONLINE AT • Family Matters WWW.BARKERMEDIATION.COM THE MULTNOMAH LAWYER • PIP and Uninsured is published 11 times per year by the Motorist Multnomah Bar Association, • Court Annexed Arbitrations 620 SW Fifth Ave. Ste. 1220, Portland, OR 97204 503.222.3275 503 223 2126 503 274 8575 Fax An annual subscription is CHUCK CORRIGAN included in member dues or [email protected] may be purchased for $20. Letters, award and news items, and announcements are wel- HODGES LITIGATION, come. Articles by members are Arbitration & accepted. All submissions may ARBITRATION AND MEDIATION be edited for length, clarity and Mediation style, are published on a space Business and real property available basis, and at the editor’s matters including: discretion. Views expressed in Real Property Trade secrets articles represent the authors’ 1031 Exchange transactions Commercial opinion, not necessarily the Shareholder and Partnership MBA’s. The publication does not disputes purport to offer legal advice. Government Noncompetition agreements Advertising is accepted; Business torts Injury advertisers(ments) are not Unfair competition necessarily endorsed by the MBA. Condominium ownership The editor reserves the right to HOA disputes Experience, 503.241.0677 reject any advertisement. Easement and Boundary disputes ...Integrity DEADLINE for copy: The 10th of the month* Law Office of Charles E. Corrigan, P.C. DEADLINE for ads: The 12th of the month* Carlton W. Hodges Attorney at Law *or the preceding Friday, if on a weekend. 1000 SW Broadway, Suite 2130 503-223-3690 503-542-4490 Fax NEWSLETTER STAFF CONTACTS Portland, Oregon 97205 [email protected] Editor: Judy Edwards 1211 SW Fifth Avenue, Suite 2330 [email protected] Copy and Classified Advertisement: Portland, OR 97204 www.Corrigan-Law.com Carol Hawkins Display Ads: Ryan Mosier Design: Cyrano Marketing Solutions www.mbabar.org
Copyright Multnomah Bar Association 2007
2 NOVEMBER 2007 NEW ON THE SHELF CALENDAR By Jacque Jurkins, Multnomah Law Librarian. For a complete MBA calendar, please visit www.mbabar.org. THE TRIAL NOTEBOOK edited COMPENDIUM OF CLIENT AMERICAN BAR by Robert S. Raschio. Published by PROTECTION RULES, 2007 ed. ASSOCIATION STANDARDS November 20 the Oregon Criminal Trial Defense Published by the ABA Center for FOR THE PROVISION OF Tuesday, MBA CLE – Arbitration Lawyers Association, 2007- . (Ref. Professional Responsibility, 2007. CIVIL LEGAL AID by the 1 Clauses Thursday, MBA CLE KF 8915 O7 T73 2007- ) (KF 311 C65 2007) Committee on Legal Aid and See insert or register at Intelligence and Cultural www.mbabar.org. Indigent Defendants. Published by Competence HOLTZSCHUE ON REAL THE JUDGE ADVOCATE the ABA, 2007. (KF 336 A84) See insert or register at 22-23 ESTATE CONTRACTS AND GENERAL’S SCHOOL GUIDE www.mbabar.org. Thu-Fri, Thanksgiving Holiday CLOSING: A step-by step guide TO THE SERVICEMEMBERS MANAGING AND LITIGATING MBA closed to buying and selling real estate by CIVIL RELIEF ACT. (United THE COMPLEX SURETY CASE, Thursday, Mediation Commission Karl B. Holtzschue. Published by States Army.) Published by the 2d. edited by Philip L. Bruner meeting 27 the Practising Law Institute, 2007- . ABA Standing Committee on Legal and Tracey L. Haley. Published by Visit www.mbabar.org for details. Tuesday, MBA CLE (KF 665 Z9 H58 2007- ) Assistance for Military Personnel, the ABA Tort Trial & Insurance Non-Competition and 2007. (KF 7680 A32 J83) Practice Section, 2007. (KF1228 6 Arbitration Agreements M35 2007) Tuesday, MBA Board meeting See insert or register at www.mbabar.org. 7 GUIDE TO THE SEC’s Distinguished Historians Forum 28 EXECUTIVE COMPENSATION with Fred Leeson Wednesday, MBA CLE AND RELATED PARTY Visit www.ohs.org for details. Estate Planning Our TRANSACTION DISCLOSURE See insert or register at RULES, 2d ed. by Gary M. Brown. 8 www.mbabar.org. Published by the Practising Law Thursday, MBA CLE focus... Institute, 2007. (KF 1449 B74 2007) Domestic Violence Nov 30-Dec 1 See insert or register at Fri-Sat, OCDLA Winter Conference your need QUALIFIED PLANS: Forms, www.mbabar.org. at the Benson Hotel notices and supplementary Visit www.ocdla.org for details. Thursday, New Admittee Social materials by Pamela D. Perdue. not your at the Crown Room Published by the American Law December net worth. Institute-American Bar Association 9 Continuing Professional Section, Friday, December Multnomah 4 2007. (KF 3512 P47) Lawyer deadline Tuesday, MBA Board meeting
ERISA SURVEY OF FEDERAL 12 6 CIRCUITS, 2d ed. edited by Monday, Scam Avoidance class Thursday, MBA CLE Brooks R. Magratten. Published cosponsored by Elders in Action Appellate Tips by the ABA Tort Trial & Insurance Visit www.mbabar.org for details. See insert or register at T R U S T S E R V I C E S Practice Section, 2007. (KF 3512 www.mbabar.org. Monday, YLS Brownbag Lunch E75 2007) 800-340-8865 Member FDIC with Literary Arts 10 Monday, January 2008 13 Multnomah Lawyer deadline Tuesday, YLS Board meeting 11 14-16 Tuesday, YLS Board meeting Wed-Fri, OSB PLF – Learning the Ropes Seminar Tuesday, MBA CLE Visit www.osbplf.org for details. Financial Discovery See insert or register at 15 www.mbabar.org. Thursday, CEJ Mid-Campaign Leadership Meeting 13 www.campaignforequaljustice.org Thursday, MBA CLE for details. White Collar Crime See insert or register at 16 www.mbabar.org. Friday, U of O School of Law “Women’s Work: Business, 19 Business Law and Litigation” Wednesday, Multnomah Bar Visit www.law.oregon.edu/org/ Foundation Board meeting cle/lesa.php for details. 24-25 Friday, U of O School of Law Mon-Tue, Holiday – MBA closed “Business Innovation & Law: Land Use & Development Tensions” 31 Visit www.law.uoregon.edu/org/ Monday – MBA closed pdx/docs/pdx07.pdf for details.
3 MuLTNoMAH LAWYER
Ethics Focus By Mark J. Fucile, Fucile & Reising. ANNOUNCEMENTS Advertising, Courts Page Added to MBA with keynote speaker Judy Clarke, is Law, UO Senior Vice President Part 1: Theory Web Site open to everyone. For details or to and Provost Linda Brady Please visit www.mbabar.org and register, visit www.ocdla.org. recently announced. choose “Courts” at the bottom Law fi rm marketing regulation of the left index to read profi les Fighting for the Rights of Paris joined the law school is a blend of theory and practice. of Multnomah County Judges Breast Cancer Patients faculty in 1992 aft er six years Th e “theory” comes to us in the and to fi nd important links. Th e Portland attorneys have the specializing in white-collar form of a series of US Supreme page is in development and will opportunity to join the battle criminal law in Chicago for Court decisions beginning in continue to expand. If you have against breast cancer by becoming Cotsirilos, Stephenson, Tighe 1977 that paved the way for the suggestions for the page (content pro bono advocates for patients on & Streicker Ltd. Since then, broad ability to advertise that we and design) please forward them issues including employment law she has taught advanced have today. Th e “practice” comes of the Bar found them guilty to [email protected]. and health insurance coverage. A appellate advocacy, criminal law, to us in the form of the Rules of and the bar’s board of governors’ free CLE program will be held on criminal investigation, criminal Professional Conduct regulating recommended suspension. OWLS Seeks Award December 17 from 9 a.m.-noon adjudication, violence and this area that refl ect those same Th e lawyers appealed to the Nominations to provide training in the most the law and courses focusing Supreme Court decisions. In this Arizona Supreme Court, arguing Oregon Women Lawyers is important aspects of breast cancer on white-collar crime. Paris month’s column, we’ll look at that the advertising ban as it inviting nominations for the 16th legal advocacy. Th e CLE program continues to write extensively. “theory” and next month we’ll related to price was a violation Annual Justice Betty Roberts and will be held at the offi ces of K&L She is one of fi ve authors of look at “practice.” of the Sherman Antitrust Act Judge Mercedes Deiz Awards. Gates in the KOIN center. To Mastering Criminal Procedure and that, more fundamentally, Th e awards recognize and RSVP, contact Matt Goldberg at (Carolina Academic Press, Given the pervasive nature of law the ban on advertising was an celebrate the accomplishments of [email protected] or on forthcoming 2008). In addition, fi rm marketing today, it is easy unconstitutional infringement individuals in promoting women 503.226.5754. Approval for two she served as associate dean to forget the distance traveled of their commercial free and minorities in the legal hours general credit is pending. for academic aff airs at the law in a relatively short time from speech rights under the First profession in Oregon. school from 2002 to 2005. an era when virtually no law Amendment. Th e Arizona Child Centered Solutions Presents fi rm marketing was permitted Supreme Court rejected both Th e nomination should include November 30 Seminar Membership Renewal Notices at all. Th e fi rst set of national arguments. Th e US Supreme detailed information about A full-day training session for Sent professional rules was the ABA’s Court granted review and the nominee explaining how attorneys representing children Th e MBA has mailed Canons of Professional Ethics affi rmed on the Sherman Act that person fulfi lls the award’s in custody and parenting time renewal notices for the 2008 adopted in 1908. Canon 27 issue, but reversed on the First criteria. At least three letters of disputes will be held November 30 membership year. Members prohibited advertising outright. Amendment argument. In doing recommendation should also be from 9 a.m.-5 p.m. at the World may also renew online at When Oregon enacted the State so, the Supreme Court relied included. Nominations must be Forestry Center. Titled “Eff ective www.mbabar,org. Please Bar Act in 1935, we largely on then-recent commercial free received by Monday, November Representation of Children,” remember to donate to the adopted the ABA canons - speech cases in other fi elds to 19 and must also include the the seminar features nationally Volunteer Lawyers Project including the ban on advertising. reject the outright ban on law appropriate nomination form. recognized expert, author and with your renewal. If you (For a discussion of Oregon’s fi rm advertising. At the same speaker Risa Garon. Seven have questions about your adoption of the State Bar Act time, the Supreme Court noted Please send nominations to hours CLE (pending). Contact: membership, call Kennedy and the ABA Canons, see In re that law fi rm advertising could Kendra Matthews, OWLS, www.childcentered Smith of the MBA at Porter, 320 Or 692, 701-02, 890 be regulated to prohibit false Ransom Blackman, 1001 SW 5th solutions.org or 503.546.6383. 503.222.3275. P2d 1377 (1995).) When the and misleading advertising and Ave Ste 1400, Portland OR 97204; ABA moved from the canons to that reasonable restrictions on fax: 503.227.5984; email: kendra Noon Time Bike Rides MBA Membership Survey its Model Code of Professional the time, place and manner @ransomblackman.com. MBA short, fast rides with hills. and Practice Area Update Responsibility in 1969, the of advertising would also be Meet at SW Yamhill and Broadway Th e MBA will soon be sending advertising ban continued. permitted. Nor did it foreclose Winter Conference Scheduled between noon and 12:10 p.m. on all members a web-based Again, Oregon followed when regulation on claims regarding for Criminal Defense Lawyers Mondays and Th ursdays. Contact: membership survey, and we adopted our own variant of the quality of service that are Th e Oregon Criminal Defense Ray Th omas 503.228.5222 with will also be providing an the ABA model code the next not susceptible to empirical Lawyers Association will meet questions, or meet at the start. opportunity to update practice year. Until the mid-1970s and measurement or the possible November 30-December 1 at area listings in the online the then-emerging doctrine of use of warnings or disclaimers. the Benson Hotel in Portland. U of O School of Law Names directory. Th e old practice area commercial free speech, the Nonetheless, Bates opened the Th e CLE seminar portion of the New Dean listings will be removed from US Supreme Court had upheld door and law fi rm marketing was conference is open to anyone Margaret “Margie” Paris has the directory. All members are these severe restrictions on never the same. involved in the defense function, accepted an off er to serve a full fi ve- encouraged to respond. professional advertising in cases and the Friday evening banquet, year term as dean of the School of like Semler v. Oregon State Board Th e second, Ohralik v. Ohio of Dental Examiners, 294 US 608, State Bar Ass’n, 436 US 447, 98 55 SCt 570, 79 LEd 1086 (1935). SCt 1912, 56 LEd2d 444 (1978), the kind of advertising approved mail advertising as long as it met Court found that a lawyer had dealt with in-person solicitation. in Bates, as does the strength Bates’ standard of being truthful. a First Amendment right to In 1977 and 1978, however, In Ohralik, a lawyer had been of the State’s countervailing It did the same for targeted print advertise his certifi cation as a the Supreme Court issued disciplined for violating Ohio’s interest in prohibition.” 436 and direct mail advertising in, trial specialist by the National two decisions whose impact ban on in-person solicitation US at 455. Th e Supreme Court respectively, Zauderer v. Offi ce Board of Trial Advocates and still resonates in all law fi rm (patterned on the then-current then concluded that the state’s of Disciplinary Counsel, 471 US in Ibanez v. Florida Dep’t of marketing today. version of the ABA model code) legitimate interest in protecting 626, 106 SCt 2265, 85 LEd2d 652 Bus. & Professional Regulation, by visiting a young automobile the public justifi ed continued (1985), and Shapero v. Kentucky 512 US 136, 114 SCt 2084, 129 Th e fi rst, Bates v. State Bar of accident victim while she was regulation of in-person Bar Ass’n, 486 US 466, 108 SCt LEd2d 118 (1994), concluded Arizona, 433 US 350, 97 SCt in traction in a hospital and her solicitation. 1916, 100 LEd2d 475 (1988). that a lawyer could include 2691, 53 LEd2d 810 (1977), equally young passenger as she In Peel v. Attorney Registration her credentials as a certifi ed addressed advertising. It arose recuperated at home in an eff ort Th e twin threads woven & Disciplinary Comm’n of Ill., public accountant and a on very prosaic facts. Two to have them sign contingent fee in Bates and Ohralik have 496 US 91, 110 SCt 2281, 110 young former legal aid lawyers agreements with him. Aft er Bates, continued to defi ne the LEd2d 83 (1990), the Supreme Continued on page 13 in Phoenix started a legal clinic the lawyer sought review by the Supreme Court’s approach to focused on low cost consumer US Supreme Court, arguing that law fi rm marketing: generally matters for clients who were the ban on in-person solicitation expanding constitutional The Professional Liability Fund offers extensive just above the income ceiling was also unconstitutional. Th e protection for media and resources to attorneys who need assistance with for legal aid. Th ey found that it Supreme Court took review, but written forms of advertising and proper trust accounting procedures. Contact the was diffi cult to make themselves generally continuing to sustain affi rmed. Th e Supreme Court Practice Management Advisors at 1.800.452.1639 known to a consumer clientele in drew a sharp distinction between prohibitions and other regulation the absence of media advertising. general media advertising of on in-person solicitation and or 503.639.6911 with questions, or visit Notwithstanding Arizona’s ban the kind involved in Bates and closely related situations. www.osbplf.org for forms, practice aids, and useful on advertising that mirrored the the high-pressure, in-person articles. For a thorough guide on all the ins and ABA canons and model code, On the former, the Supreme solicitation involved in Ohralik: outs of trust accounting, obtain a copy of A Guide they ran an ad in the city’s largest “Th e balance struck in Bates does Court in In re R.M.J., 455 US newspaper outlining the scope not predetermine the outcome 191, 102 SCt 929, 71 LEd2d 64 to Setting up and Using Your Lawyer Trust Account, of their services and their rates. in this case. Th e entitlement of (1982), approved general direct available from the PLF at no charge. All PLF Th e president of the State Bar of in-person solicitation of clients services are free and completely confi dential. Arizona fi led a complaint against to the protection of the First them. An administrative panel Amendment diff ers from that of 4 NOVEMBER 2007
Campaign for Equal Justice Begins 2007 Fundraising Effort By Maya Crawford, Campaign for Equal Justice.
T he Campaign for Equal law. Every week we have to turn RICHARD G. SPIER Justice (CEJ) kicked off its away hundreds of individuals who ARBITRATOR & MEDIATOR 2007 fundraising drive with are income-eligible and who have a reception and meeting legitimate legal needs because we sponsored by the Bank of the lack the resources. Pro bono lawyers Cascades. Th e Campaign’s in Multnomah County do a great fundraising drive runs each year job of helping us try to fi ll the gaps, from September to early March, but these programs also require in addition to direct fi nancial Aid Services of Oregon. When with most contributions coming resources to screen clients and fi nd support,” says Ed Harnden, asked why she contributes to in during November and the right pro bono placement.” chair of the campaign board the campaign, Portland lawyer December. CEJ is a 501(c)(3) of directors. “Th is year’s goal Karen Stolzberg said, “It is a organization that supports Other specialized legal aid is $1 million, and lawyers in privilege to practice law and Oregon’s legal aid programs, programs include the Community Multnomah County are the I need to give back to make including programs based in Development Law Center and backbone of the campaign,” says certain that all people can access Multnomah County, such as the the Native American Program of Harnden. In the past two years, our system of justice.” Highly experienced, Multnomah County Offi ce of Oregon Legal Services. Statewide, the campaign has raised $1.7 full-time neutral Legal Aid Services of Oregon legal aid offi ces provide direct million from private lawyers, Editor’s Note: and the Oregon Law Center. assistance to 20,000 low-income another $1 million in foundation Th e CEJ maximizes donations Business & commercial; Th ese offi ces, along with offi ces clients each year, with thousands grants for legal aid, and has by winning challenge grants to personal injury; employment; in 15 other communities around more being helped through self-help helped to increase state and increase legal services for the real estate & construction the state, represent low-income classes, pro bono programs, or Web federal funding. poor. Please help by making a clients with survival issues such sites and other self-help materials. generous donation at as domestic violence, housing “Th e poverty population www.cej-oregon.org. Listed for Alternative and income maintenance. “A contribution to the CEJ is an in Oregon has grown, and Dispute Resolution in investment in access to justice unfortunately we’re able to meet The Best Lawyers in Leslie Kay, Regional Director in Oregon. Th e campaign puts less than 20% of the legitimate America® 2007 of the Multnomah County your money to work by writing legal needs of the poor. However, (© 2006 by Woodward/White, Inc., of Aiken, SC) offi ce, says, “A signifi cant grants for foundation support for I think we’re starting to turn the portion of our cases deal with legal aid, by increasing state and corner and we need the support 503-284-2511 domestic violence, public federal funding for legal aid and of the private bar to do this,” says benefi ts, housing and elder by operating an endowment fund Tom Matsuda, Director of Legal Fax 503-284-2519
[email protected] www.spier-mediate.com
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5 MuLTNoMAH LAWYER 2008 MBA Professionalism Award Nominations Sought
Do you know a lawyer who is Barrie Herbold, Walter H. Sweek, meet, the standards in the MBA Th e recipient should be a role model an appreciation of diversity in a joy to work with, someone Daniel E. O’Leary, Mark R. Professionalism Statement. for other attorneys, particularly the nomination and selection who goes above and beyond Wada, Sandra A. Hansberger, Th e award is intended to younger MBA members. processes is important. the minimum professionalism Robert C. Weaver, Walter H. recognize and honor personal standards? Nominate him Grebe, Susan M. Hammer and and professional qualities, Because the award recipient See nomination form insert for or her for the 2008 MBA Carl R. Neil. reputation and conduct. should serve as a role model, more information. Professionalism Award. Any MBA practicing attorney Past recipients are Raymond member, except a member of the Sam Imperati,JD Conboy, Th omas H. Tongue, MBA Professionalism Committee Oregon’s Premiere Family Law and Estate Planning Firm Randall B. Kester, Frank Noonan or the MBA Board of Directors, Mediator Jr., Donald W. McEwen, Don H. is eligible to receive this award. STAHANCYK, KENT, JOHNSON & HOOK P.C. Marmaduke, Noreen K. Saltveit Former nominees may be McGraw, Th omas E. Cooney, re-nominated. Th e recipient John D. Ryan, George H. Fraser, should exemplify, not simply ~Welcomes~ Bradford F. Miller Tip: as an Associate Attorney Ask your prospective to the firm where mediator if they are clients come first. transformative, facilitative, or evaluative in approach. Will their style be a fit?
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6 NOVEMBER 2007
lawyers in conjunction with its November 16 symposium “Women’s Work: Business, Business Law and Business Litigation.” Jody AROUND THE BAR Stahancyk, an alumna of the law school, will give the keynote speech, ROSENTHAL & GREENE entitled “Th e Business of Law: How Th e fi rm, including attorneys a Lady Can Make Money in the Michael A. Greene, Elden M. World’s Second-Oldest Profession.” Rosenthal and John T. Devlin, Th e symposium’s participants, who has moved to 121 SW Salmon have distinguished themselves as St Ste 1090, Portland OR 97204. transactional lawyers, in-house Th eir phone, fax and emails counsel, business litigators, remain the same. business lawyers and practicing Richard Vangelisti businesswomen, will share their STOEL RIVES SCHWABE WILLIAMSON & experience and unique perspectives To mark the fi rm’s 100th WYATT with law students and the wider anniversary, fi rm attorneys and As part of a growing China community at the event. practice, the fi rm has entered into staff will embark on service projects for 20 charitable organizations a cooperative agreement with STAHANCYK KENT JOHNSON throughout six major markets Stephenson Harwood & Lo (SHL), Th e fi rm has relocated its Bend where the fi rm has offi ces. Th e an international law fi rm based in Dan Th enell Jessica A. Asai offi ce to 158 NE Greenwood China with offi ces in Hong Kong, program, called “A Day to Make representing less than one-half of Jessica A. Asai has joined the fi rm Ave, Bend OR 97701, phone Guangzhou and Shanghai. Th e two a Diff erence,” will run through one percent of American lawyers as an associate and is a member of 541.318.9115 and fax 541.318.9116. fi rms, while remaining as separate August 31, 2008. and is by invitation only. the corporate and securities and and independent entities, will employment practice groups. contribute talents and resources to During the next several months, Dan Th enell was recently closely cooperate with each other the fi rm’s more than 800 personnel elected to the Board of Directors in accomplishing the business will be invited to spend up to a of the Oregon Chapter of the objectives of clients on both sides day of paid time off to participate International Association of of the Pacifi c. in a group volunteer project for a Arson Investigators. In addition, designated organization. Service he has also been appointed as Co- STANDARD INSURANCE projects range from planting gardens Counsel of the Oregon Chapter of COMPANY to cleaning low-income housing and the International Association of Julie Bolt has been promoted to packaging food for the homeless. Special Investigation Units by the senior attorney in the insurance Board of Directors. services group legal department.
Danielle R. Beauvais BEAUVAIS LAW FIRM Alan McCollom Danielle R. Beauvais is pleased to announce the opening of her MARGER JOHNSON & new offi ce, where her practice MCCOLLOM focuses on new defective motor Alan McCollom, a shareholder with vehicles, lemon law and breach the fi rm, was recently appointed of warranty cases throughout to the newly formed Multnomah Oregon and Washington. Th e fi rm County Mediation Commission. is located at 5635 NE Elam Young William “Bill” Birdwell John G. Crawford McCollom will serve as the chair of Parkway Ste 300, Hillsboro OR Dennis Freed the civil sub-committee. 97124, telephone 503.681.2008, DAVIS WRIGHT TREMAINE JOHN G. CRAWFORD email [email protected], William “Bill” Birdwell has McCollom has more than 25 John G. Crawford, former www.golemonlaw.com. joined the Portland offi ce as a years in private law practice. A shareholder of Schwabe partner, bringing a wealth of mediator and arbitrator, he is a Williamson & Wyatt, has retired MARKOWITZ HERBOLD ET AL experience to its intellectual member of neutral panels for aft er 34 years with the fi rm, and Wine lovers from the legal and property/patent law practice. CPR International Institute for is now serving as a mediator business communities came Birdwell has 33 years of Confl ict Prevention & Resolution, and arbitrator in business and together on September 18 to enjoy experience representing both American Arbitration Association, commercial cases. He may be fi ne wine and to raise more than large and small clients in and National Arbitration Forum. contacted at 808 SW 15th Ave, $80,000 for legal services for low- intellectual property litigation He has served as a special master, Portland OR 97205, Mail PO Box income families. Th e Markowitz in bench and jury trials and as a sole arbitrator, and on three- 817, Portland OR 97207, www. Wine Tasting & Auction, held at prosecuting patent, trademark member panels. His extensive businessdisputearbitration.com, the University Club, benefi ted St. and copyright matters. He also intellectual property background email john@businessdisputearbitration. Andrew Legal Clinic, a nonprofi t has served as an expert witness includes infringement and validity com and 503.224.9265. law fi rm supporting low- on patent law issues, and has studies and opinions; analysis of income families in Multnomah, been a patent dispute mediator. potential patent infringement; and Jeff Eberhard Clackamas, Washington and prosecution of applications for US Columbia Counties. and international clients.
Paul Migchelbrink Event host David Markowitz and auctioneer Paul Fortino
FARLEIGH WITT Th e Around the Bar column reports VANGELISTI KOCHER Jeff Hansen Paul Migchelbrink has joined on MBA members’ moves, transitions, Firm principal Richard Vangelisti the fi rm and is a member of the promotions and other honors within has been elected to serve a term as the profession. Th e deadline is the 10th SMITH FREED & EBERHARD corporate and securities and real Jody Stahancyk a director of the Oregon Chapter of the month preceding publication or Dennis Freed, Jeff Eberhard and estate practice groups. He brings of the Federal Bar Association. He the previous Friday if that date falls on Jeff Hansen have been selected as more than 13 years experience as U OF O SCHOOL OF LAW previously served as the Oregon a weekend. All items are edited to fi t Fellows in the Litigation Counsel a business advisor and counselor, Th e Center for Law and Chapter president. Vangelisti column format and the information of America (LCA) Honorary and will maintain a diverse Entrepreneurship will host more practices plaintiff ’s personal is used on a space-available basis in Society. Fellows are chosen upon business practice emphasizing than a dozen accomplished female injury law. the order in which it was received. merit, achievement in litigation corporate and commercial Submissions may be emailed to and superior ethical status. LCA matters and real estate. [email protected]. membership is restricted, 7 MuLTNoMAH LAWYER Tips from the Bench By Judge John A. Wittmayer, Multnomah County Circuit Court. Notify the court when your matter settles A few weeks ago while I was on vacation on a Friday, I was assigned a fi ve-day civil jury trial to start the Monday morning I was to return. Th e lawyers were very prepared - they delivered their trial memos, the pleadings, motions in limine and any other pretrial motions to my offi ce on Friday.
As I was not there that day, my judicial assistant called me and told me about the trial assignment and the materials 503.988.3168, extension 3. Court that had been delivered, which staff in this offi ce make the I needed to review before the entries into OJIN and generate By Kathryn Villa-Smith, Clackamas County Bar Liaison, MBA Court Liaison Committee. Monday morning start. She the 35-day dismissal notice. brought the materials home with Presiding Judge’s Report the site. Th e committee suggested Relocation of Downtown her, and I picked them up from When your civil case settles the Judge Jean Maurer reported she is adding links to the Court of Courthouse her Sunday aft ernoon when I day before daily call, you need currently acting as deputy presiding Appeals and the Supreme Court. Although we have a downtown returned from out-of-town. to telephone the offi ce of the judge. It is anticipated she will be Th e Web site subcommittee site for the new courthouse, it was presiding judge at 503.988.3846 appointed by the chief justice as continues to meet via email. acknowledged the funds for the Sunday evening, just as I was about and report the settlement. Th e presiding judge to a term beginning new courthouse have not yet been to start on the materials, and no presiding judge’s staff will make a in January. Th e appointment is for a Th e MBA Web site off ers visitors obtained. Th e funding measure doubt spend a number of hours notation of the settlement on the two year term, and is subject to re- online CLE registration and and bond will be required in the on them, I checked my offi ce next day’s call docket. appointment for succeeding terms. payment of membership dues. next few years. No new information email, which I am able to do from Th e position of deputy presiding was reported regarding the new my home. To my very pleasant Do not plan to be in your judge is new in Multnomah Judy reported there are 100-200 courthouse. surprise, I found an email from jury trial on Fridays County. Th e judges are considering visitors per day to the Web site. the lawyers on my trial reporting Th ere continues to be some continuing this position. New Business that the case settled Saturday. I was confusion in the bar about jury Th e committee discussed whether Brett Bender volunteered to act so pleased to not have wasted a trials on Fridays in Multnomah portions of the Web site should Th ere have been no changes to as the liaison to Clark County Bar number of hours Sunday evening County. Yes, we are open. But no, be limited to members only. A the day-to-day operation at the Association. He will provide a preparing for a trial that had we generally do not conduct jury membership survey will be sent courthouse since Judge Dale Koch’s summary of Clark County’s monthly already settled by that point. trials on Fridays. We use Fridays out in the near future. Aft er the report in September. Some of the newsletter. Judy Edwards will look for other matters. issues to be worked out include the survey is complete, members will Practice tip: Always notify into the possibility of adding a link problems regarding cell phones be able to update their personal the assigned judge promptly to the Clark County Bar’s site to So if you have a case on call on and cell phone cameras in the profi les. Practice areas will increase if the matter settles. If the the MBA Web site. David Meyer a Wednesday, and you report it courtroom and transport delays from 30 to 70. In time, there will be settlement happens during the suggested adding a report from the to be a fi ve-day trial, you should of inmates. In civil cases involving a “members only” page. regular workday, call the offi ce various liaisons to the agenda for plan on being in trial on Th ursday the incarceration of a party, the immediately. If it settles aft er next month’s meeting. for the fi rst day, skipping Friday, presiding judge should be contacted Th e new fi ling fee schedule is on normal hours, send an email. Our and returning on Monday for the to ensure transport. the Web site. work email addresses are available second day, etc. While some judges online on the OSB’s Web site at might occasionally be available Web Site Update CourtCare www.osbar.org/members/start.asp. on Fridays, it is the policy of the Judy Edwards reported that Judy Edwards reported CourtCare presiding judge that the default is thriving. In 2007, $125,000 was When your civil case settles technical issues are being resolved position is that jury trials will not raised to support the program. more than the day before daily regarding posting the Tips from continue on Fridays. Planning for the 2008 drive call, you need to telephone the the Bench columns. Th e new continues. court’s calendaring section at Courts page has been added to Remarks by MBA Professionalism Award Recipient By Carl Neil.
prior recipients. Th eir names my second year at Columbia Law Don Marmaduke, then with Stoel Turning to the subject of lawyer amount to a list of leading Oregon School, met with Justice Kester and Rives, was one of the fi rst lawyers professionalism, I note that both lawyers over the last 25 years or was hired. I was thrilled, since few I met aft er moving to Oregon. He the OSB and MBA Statements of so: Ray Conboy, Th omas Tongue, third-year law students in those was the second or third Oregon Professionalism pledge lawyers to Randall Kester, Frank Noonan Jr., days had job commitments at the lawyer to volunteer to represent participate in pro bono activities Don McEwen, Don Marmaduke, beginning of their last year in law people prosecuted in Mississippi for and to help make legal services Noreen Saltveit-McGraw, Tom school. I was really sitting pretty, trying to exercise the constitutional available to everyone. MBA Cooney, John Ryan, George Fraser, when one day in April, 1958, I rights of citizens. Th e late Cliff President Th om Brown, in his lead Barrie Herbold, Walter Sweek, received two letters in the mail, Carlsen was the fi rst, but I can’t article in the current issue of the Dan O’Leary, Mark Wada, Sandra both with return addresses at the recall whether the late Bill Martin Multnomah Lawyer, urges lawyers Hansberger, Bob Weaver, Walt Oregon Supreme Court. or Don was the second. In any to participate in pro bono legal Grebe, Susan Hammer. event, Don volunteered in 1965 work and community service – I opened them in the right order. when it was really dangerous to do both of which enhance the standing Old-timers like me (I’ll be 74 on Th e fi rst came from Kester, who told some of the things he did there. of lawyers in the eyes of the public. The following remarks, edited for print, October 1) are entitled – or at least me that he had resigned from the Since the Chaney/Schwerner/ were given at the September 19 MBA can’t resist – telling some stories Oregon Supreme Court and that I Goodman disappearance from I want to second President Brown’s Awards Luncheon. about other lawyers, especially to a no longer had a job. Th e second was the Philadelphia, Mississippi jail comments. Th at kind of activity captive audience. So, I would like from Justice Hall Lusk, a longtime, had not been solved, it appeared has produced some of my most I am honored to receive this to tell a couple of them about two distinguished judge on the Oregon as if such violence toward anyone satisfying experiences in law award and I want to thank those of the prior recipients, Randall Supreme Court and Multnomah associated with civil rights work practice. Early on, I handled a responsible for choosing me as the Kester and Don Marmaduke. County Circuit Court. Essentially, could go unpunished. couple of death penalty cases in recipient of it this year, including it read: “Dear Carl: I understand appellate and post-conviction the members of the Professionalism Randall Kester is responsible for you’re looking for a job. I need a law Don called me up in November of proceedings, and I represented over Committee and the lawyers who me coming to Oregon to practice clerk.” Needless to say, I accepted 1965, and recruited me to be the the years many less-than-popular nominated me for it: Don Green, law. As a judge of the Oregon immediately, spent a year in Salem next Oregon lawyer to volunteer litigants and causes as an ACLU Bill Kirtley, Don Marmaduke, Bob Supreme Court, he had a notice clerking for Lusk, and then joined the for work in Mississippi, and I was cooperating attorney, including the Stoll and my partner, Bob Palmer. put up on the Columbia Law predecessor of my present law fi rm. there for about a month in February- Lloyd Center free speech case School bulletin board that he March of 1966, when conditions that reached the US Supreme Th e honor in receiving this award would consider hiring a law clerk were considerably less threatening to Court in 1972. comes partly from being added from that institution. I came out to people in the civil rights movement to the ranks of the distinguished Salem in the summer of 1957, aft er 8 than when Don was there. Continued on page 9 NOVEMBER 2007 Profi le – Judge Kenneth R. Walker By Gregory Silver, Circuit Court Judge Pro Tem and former Court Liaison Committee member.
Some judges have gone directly appeared to be guilty. I liked that,” State. Th e culture shock of living black attorney he had fi rst met in from high school, to college, to he says. But Walker also toyed with in Pullman, however, fi nally hit. Salem. Th ey started to talk about law school, to private practice, to the idea of becoming a professional He returned to Los Angeles only private practice and in 1990 left the bench. Th is is not about one of athlete. He played almost all sports to fi nd that he was now “living the public defenders to open the first those judges. as he grew up, but baseball was in a war zone,” so he moved back African American law firm in Oregon. his favorite. At the age of eight he to Eugene and enrolled at Lane Ken Walker was born in 1951 in had a “decent curveball” and asked Community College, where he was Th ey planned to move from San Pedro, Calif.; his family moved his father if he should become a soon elected vice president of the criminal defense into civil practice to nearby Compton when he was professional baseball player or a student body. aft er a few years. Warren did Judge Kenneth R. Walker six months old. His parents were lawyer. “A lawyer,” his father said. that, but Judge Walker couldn’t from Mississippi. Th ey had moved “A pro ballplayer lasts maybe 5-10 Th e summer following his shake his memories of Perry to California to raise their children years; you can be a lawyer for life.” sophomore year he was elected Mason. He realized that he truly “I loved to try cases and fi ght for in an environment that would off er vice president of the National enjoyed criminal defense and my client,” Judge Walker says, more opportunity for African- Getting there, however, would Student Association. He moved his ability to “help the little guy.” “and being a judge feels like a Americans than was possible in come by a fairly circuitous route. to Washington, D.C. for a So he stayed with it, building up natural transition from practice. the Deep South. What they didn’t Compton in the 1960s was year and traveled around the a substantial retained practice Now I try to objectively look at know was that Compton, and its becoming an increasingly tough country, working with student while continuing to represent the facts, read the cases, listen to neighbors Watts and South Central neighborhood. At the end of his governments nationwide. Th en it indigent defendants for more than the arguments and then try to get Los Angeles, were beginning to junior year in high school, several was back to Eugene for a BA from 17 years. He also became more it right. To me, that is the essence change almost as they arrived. of his friends convinced him to try the U of O in community service active in the community, raised a of being in the legal profession.” In a picture from Judge Walker’s something diff erent. and public aff airs. He moved to family – one daughter is fi nishing fi ft h birthday party, the 10 Portland looking for a good job, her third year of law school, the Th at intellectual exercise, though, neighborhood children attending “Th ey had gone into the Job but all he could get was one as a other works for the San Francisco will always be tempered with were black, white and Asian; the Corps in Tongue Point, Oregon, night watchman, so aft er another Zoo – and played in 15 national an understanding of where he pictures of his eighth birthday party then transferred to a high school year it was back to the U of O for soft ball championships. (He’s still came from. “Sometimes, when I show only black neighbors. His equivalency program in Eugene,” law school. waiting for that championship look across the bench, I see that parents had unknowingly traded he says. “When they came back to ring.) He and his wife, Mara, live teenager from Compton. He will the segregation and poverty of Los Angeles to visit, they told me His fi rst job out of law school in Portland. be held accountable if he’s done the South for the segregation and about a place where people were was with Marion-Polk Legal Aid something wrong, but if we can poverty of the inner city. friendly, smiled at you, and trusted in Salem. Aft er 18 months he On February 28, Governor Ted give him the right opportunity at you. I was sold.” left to join the Portland offi ce of Kulongoski appointed Judge the right time, he might surprise Th e future judge fi rst thought Metropolitan Public Defender Walker to Department 11, the us all with what he really has.” of becoming a lawyer while Th e Eugene program was full, Services, where he remained for seat Judge Linda Bergman held watching Perry Mason on TV. “He however, so he went to a similar seven and a half years, representing for 26 years. While he won’t Just like Judge Walker. represented the underdog, and program in Pullman, Wash. He clients in the full gamut of criminal commit to that long a judicial he made sure that all people were got his GED and fi nished his fi rst cases. He also became reacquainted career, he is certainly enjoying protected in court, even if they semester of college at Washington with Ernie Warren, another young the challenge.
Awards Lunch Remarks by MBA Professionalism Continued from page 1 Award Recipient Continued from page 8 Photos by Dan Carter
My involvement in such work Sam Kauff man, Steve Wax, Paul sometimes reached the news Fortino, Tom Johnson and Cody media. Notwithstanding fears of Weston – and there may be “regular” client backlash, I never others I haven’t heard about – had an existing (i.e., “paying”) who are carrying on the tradition client criticize me or discontinue of providing legal services to the relationship with my fi rm the unpopular by representing because of my participating in Guantanamo Bay detainees. Peter Willcox-Jones, Michael E. a controversial case. Instead, Haglund Pro Bono award winner “regular” clients seem to think Th anks to the MBA for all of the that their attorney must be awards presented today. Th ey are pretty good if he or she handled pats on the back of each of the newsworthy litigation, no matter recipients, and recognition of the how controversial. positive roles lawyers can play in law practice and in community Pro Bono award of merit winners back row Bernie Th urber, Scott Seidman I think other lawyers have had activities. and Steve Walters. Front row Don Marmaduke, Beverly Pearman, Anna the same experience when Sortun and Michael Hallinan. Not pictured: Hon. Elizabeth Perris and they engage in pro bono and Senior Law Project Volunteer of the Year David Gray community service work. I hope that is true for great lawyers Courts page added Th om Brown congratulates like Jan Kitchel, Bob Weaver, to www.mbabar.org Carl Neil on receiving the Professionalism Award Please visit www.mbabar.org and choose “Courts” at the bottom of the left index to read profi les of Multnomah County judges and fi nd important links. Th e page is in development and will continue to expand. If you have suggestions for the page (content and design) please forward them to [email protected].
YLS Award of Merit recipients Lainie Dillon, Justin Leonard, Laurie Hager, Kristin Sterling, Jennifer Durham and Amber Hollister MBA Award of Merit recipients Chuck Tauman, Susan Marmaduke and Keith Garza
9 MuLTNoMAH LAWYER
YLS Membership Committee Making Lasting Connections By Christopher Lombard, Portland State University and YLS Membership Committee.
Groucho Marx once famously which helps to welcome the newest Finally, the committee publishes Young groused that he wouldn’t “want members of the bar to the MBA the New Admittee Survival Guide, to belong to any club that will YLS and to familiarize them with which is available at various accept [him] as a member.” Well, the YLS committee members and MBA YLS events throughout with all due respect to Mr. Marx, its board of directors. Th is year’s the year. It has been cited by Lawyers I don’t share his sentiment when New Admittee Social is coming up new attorneys as an invaluable it comes to the YLS Membership on November 8 and will be held at resource for the way it concisely Committee. Now into my second the recently-opened Crown Room compiles all kinds of relevant term on the committee, I haven’t in Old Town, Portland, so mark information in one place, such as Section regretted my decision to become your calendars. the benefi ts of MBA membership involved for a moment. and opportunities for involvement Another of the committee’s through its committees, more DWT Sponsors Subterra What does the YLS Membership overriding principles is to reach general information about OSB Committee do, exactly? It is one out and connect with other local membership, issues related Young Lawyers Social of fi ve committees in the MBA organizations and bar associations. to reciprocity with the Idaho, YLS, and simply put, it serves In the past, the committee has Washington and Utah state bars, Th e YLS held a Drop-in social at Subterra for new admittees and the section’s members, striving helped organize and host events pro bono and other volunteer lawyers within their fi rst six years of practice. Th ank you to Davis to bring newer lawyers together with the Oregon Minority Lawyers opportunities as well as links to Wright Tremaine for generously sponsoring the event. with opportunities to network and Association, the Oregon Society Web sites of particular interest to (oft en) commiserate, to connect of CPAs, and the Clark County young lawyers. them to the community and to Bar Association - Young Lawyers make easier the sometimes daunting Section. Clearly, the YLS Membership transition from law school student Committee spends a good deal of to practicing attorney. And lest you get the impression that time organizing and hosting socials all the committee does is arrange throughout the year. But why they Th e committee is the MBA’s socials and happy hour networking are held ranges from simply getting front-line of contact with future events, the committee also helps young lawyers out of their offi ces members of the legal community organize charitable and community and giving them a chance to share before they even fi nish law school. activities for young lawyers. For our common experiences, to Each spring, the committee instance, each December, the encouraging volunteer and pro bono coordinates a law student social committee coordinates a toy drive involvement, to helping to benefi t where students have the chance to benefi ting Toys for Tots. Th en, every worthwhile community-based and talk with younger attorneys about spring, the committee hosts its legal causes. With any luck, you’ll Carlos Rasch, David Eder, Colin Andries and Emilie Mardyla at the the shift from student to attorney, annual judges social where prizes, have a long and prosperous career September Drop-in Social how to navigate their way into the donated by various businesses and – we’re just trying to make those waters of conducting job searches, law fi rms, are raffl ed off to benefi t fi rst few years easier, and perhaps, a and have the opportunity to hone the CourtCare program, a drop-in, bit more rewarding. Dropout Prevention those all-important networking no-cost childcare service for parents skills. Each fall, the committee also who must attend court and have no Program Needs Volunteers hosts the New Admittee Social, alternative childcare. Members are encouraged to volunteer for the MBA’s Dropout Prevention Program during the 2007-08 school year. Ryan Steen and Jennifer McCauley co-chair the program, which is sponsored by the MBA YLS MBA YLS Professional Development Service to the Public Committee. Th e Dropout Prevention Program provides volunteer attorneys, who visit and Education Committee Multnomah County middle and high schools to present a short video and facilitate discussion with students. Th e video features interviews with Fall 2007 Update young convicted felons who dropped out of school. Th e felons detail By Tina Zemina, Bateman Seidel et al and Professional Development & Education Committee. how their decision to drop out of school led to other poor choices, which they believe is the reason they are now incarcerated. Aft er the video, the attorneys engage the students in a discussion about the ramifi cations of Y ou’re selling your house in Law CLE series sponsored by As any practicing attorney knows, dropping out of school and the benefi ts of staying in school. Volunteers are a nice neighborhood near the the MBA YLS Professional there is no shortage of CLE provided a handout with sample discussion topics and questions. local university. Th e house next Development and Education events in Oregon - not a single to yours is a lovely Victorian, (PDE) Committee. Th e nine-part day goes by without receiving “I participated as a volunteer last year and the experience was very which happens to be used as series started on September 18 some kind of brochure or email rewarding. I worked through a budget based on the minimum wage. Th e a residence for a particularly and is held every Tuesday from advertisement. So what makes list of expenditures the students wanted (iPods, videos, clothes, etc.) was notorious fraternity. Th ere are 12-1 p.m. in the auditorium of MBA YLS CLE classes stand out endless, which helped emphasize just how much they would not have if no markings on the exterior of the Standard Insurance Building. from the pack? First, the sessions they were only able to earn minimum wage. Th e students will ask many the house and the students are all Th e season fi nale will be held on are designed and put together by questions about being an attorney and the law, especially what actions are, away on summer break so there Wednesday, November 14 from young lawyers, for young lawyers. and are not, criminal, so there is no worry about not having enough to are no visible signs of the house’s 12-1:30 p.m. in the same location. Th e PDE Committee is very discuss.” Jennifer McCauley use. Are you required to disclose Th e program is primarily designed committed to selecting diverse the fact that the neighbors are a as a “beyond the basics” series and interesting speakers who Th is program makes a huge diff erence to Oregon’s youth. If you want to bunch of rowdy fraternity boys to for attorneys with 3-6 years of are absolute stars in their fi elds. give back to the community, with a typical time commitment of only one a prospective buyer? experience, but is open to a much Second, our CLE classes are a class period, please join us. Orientation for this year’s volunteers is on broader audience including more true bargain. Th e entire cost of Wednesday, November 14, from 5:30-6:30 p.m. at Ball Janik. Food and You represent an owner of experienced lawyers, law students the Fundamentals of Real Estate beverages will be provided. a condominium. Th e owner and paralegals. Th e series sold and Land Use Law series was only bought the unit years ago from out in record time, but there are $95. In addition, the proceeds of If you would like to attend the orientation, please email Ryan Steen or its original owner but only limited drop-in spots available. each series or seminar support Jennifer McCauley your contact information. Volunteers are welcome at recently started noticing a the important activities of other any time even if they are unable to attend orientation. Contact Ryan Steen number of construction defects. Th e PDE committee is also hard YLS committees. at [email protected] or Jennifer McCauley at [email protected] if He wants to know whether he at work planning for its annual you’re interested in volunteering. can take action against the seller, winter Young Litigator’s Forum. Please visit the YLS section of the the builder, the architects, the See the insert accompanying this MBA Web site (www.mbabar.org) contractors and the real estate newsletter for more details on for more information on Join the MBA YLS for a agents who were involved in the this year’s program and speakers. PDE Committee activities. To sale. What do you tell him? We highly encourage you to make a suggestion for future brown bag lunch participate. In the spring, we will topics or speakers, call Ryan at Th ese are just a few of the host several career enhancement 503.222.3275 or email him at On November 12, the MBA YLS will host a joint event with Literary questions which have been workshops and seminars. Keep [email protected]. Arts from 12-1:30 p.m. Th e event takes place in the Standard discussed at the Fundamentals your eyes on the MBA Web site Insurance Center in classrooms 1-3 (located on the cafeteria level of Real Estate and Land Use and publications for details. of the building). Bring your lunch to this informal gathering in downtown Portland. In addition, Literary Arts will discuss the Oregon Book Awards as well as its Portland Arts & Lecture Series 10 (www.literary-arts.org). NOVEMBER 2007
ABA Publication at 20% Discount PRO BONO VOLUNTEERS to Members Th anks to the following lawyers, who recently donated their pro bono services via the Volunteer Lawyers Project, the Senior Law Project, Community Development Law Center, law fi rm clinics, Managing Closely Held guidance and a thorough We also encourage you Corporations: A Legal understanding of the special the Oregon Law Center, the Nonprofi t Project and Attorneys for to attend the White Youth. To learn more about pro bono opportunities in Multnomah Guidebook concerns and challenges involved Collar Crime: What Every in closely held corporations, this County, check out the Pro Bono Opportunities in Oregon Transactional Lawyer handbook, available at www.mbabar.org/docs/ProBonoGuide.pdf. What duties of care, loyalty and guidebook examines the legal and Civil Litigator Needs good faith do directors, offi cers concerns of directors, offi cers and to Know CLE seminar on Bob Altman Eric Kearney and shareholders owe each other? shareholders. December 13. Brittany Berkey Shari Lane Who has the power to approve Dick Biggs Linda Larkin corporate actions? How are those Th e text covers the basics of Tom Boardman Elizabeth Lemoine actions properly taken? corporate governance, including responsibilities as well as offi cer the structure of corporate action insurance and liability concerns Andrew Bobzien Julie Lohuis Richard Brownstein Darien Loiselle You’ ll fi nd answers to these and the duties of care, loyalty and Robert Carlton Mukunda Loprinzi questions and much more fairness owed by directors, offi cers Th e MBA member price for this Catherine Carroll Carl Neil in Managing Closely Held and controlling shareholders. publication is $27.95, regularly Forrest Collins Richard Oberdorfer Corporations: A Legal Guidebook. Included chapters detail how $34.95. To purchase this book or traditional roles and structures to see what others have said about Paul Conable James O’Connor Sarah Crooks Jennifer Oetter Th is handy reference begins may be modifi ed in the closely it, log onto www.ababooks.org Ken R. Davis Andrea Ogston with a basic outline of the closely held context through agreements, and enter your member discount Robin DesCamp Susan O’Toole held corporation and discusses multiple classes of stock and other source code PAB5EMUL. Your Paul Edison-Lahm Beverly Pearman important key roles and duties, means. member discount applies to these Chris Edwardsen Josh Ross as well as the legal principles or any publications featured on Jon Fritzler Bruce Rothman governing them. Providing you Topics also discussed are the ABA Web site. Anne Furniss Robert Scherzer and your clients with expert record-keeping and reporting Ira Gottlieb Jill Schneider David Gray Marcus Shirzad Mary Lou Haas Anne Steiner UO Law Professor and Constitutional Michael Hallinan Bruce Towsley Stacy Hankin Todd Trierweiller Kelly Harpster Alan Unkeles Scholar Nominated for Oregon Edwardeen Hilts Evans Van Buren Margaret Hoff mann Hon. George Van Hoomissen Book Award Amber Hollister Katherine VanZanten Leigh Hudson Jen Wagner By Credence Sol, U of O School of Law. Ed Johnson Rob Wilkinson Sam Justice Nicholle Winters U of O Law Professor Garrett Epps’ For some academics, To An Garry Kahn Amber Wolf book, Democracy Reborn, has Unknown God would be a diffi cult Nick Kampars Terry Wright been nominated for the 2007 act to follow. For Professor Epps, Oregon Book Award, in the a prolifi c legal historian, novelist division of general nonfi ction. and poet, resting on his laurels was Epps is a transplant to Oregon, not an option. His next project, having grown up in a Jim Crow titled Democracy Reborn: Th e South that was “not free.” A Fourteenth Amendment and the fourth-generation lawyer by way Fight for Equal Rights in Post- of an earlier journalism career Civil War America, is a narrative (at, among other places, Th e account of the adoption of Washington Post), he has devoted the Fourteenth Amendment, his career and scholarship to the which revolutionized the US Garrett Epps understanding and advancement Constitution and “shaped the of civil and human rights. For nation’s destiny in the wake of example, in 2002, he published the Civil War.” According to we live today and the Literary Arts To An Unknown God: Religious Epps, “Th e last battle of the Civil Oregon agreed. Freedom on Trial, an oral War wasn’t fought at Appomattox, history and work of legal history but by middle-aged men in frock “Just to be a fi nalist is a great regarding the State of Oregon’s coats. By stealth, calculation and honor,” Professor Epps noted. “I attempt to regulate the religious compromise a small group of think that the judges recognized use of peyote. To An Unknown antislavery political leaders ... that Democracy Reborn is written God was so well-received that it enshrined the idea of equality into for general readers, and that I was a fi nalist for the ABA’s Silver America’s Constitution for the fi rst tried to make it not just scholarly, Gavel Book Award, and recently time. Americans today live in the but also fun to read.” was selected by the Georgetown house they redesigned.” Bringing University Law Center as required this history to light is crucial to reading for all entering students. understanding the society in which
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Notice to Pro Tem Applicants
Th e MBA Judicial Screening Committee reviews applications for pro tem and full-time judicial candidates for Multnomah County. Th e committee meets the third Th ursday of each month, typically September through June.
Pro tem candidates for renewal are asked to submit their applications at least four months in advance of the expiration date of their current appointment. Th ere are two forms for pro tem “Your problem is to bridge the gap which exists between candidates to complete; both may be obtained by emailing Carol Hawkins at [email protected]. where you are now and the goal you intend to reach.” Th e committee must have suffi cient time to process the applications and the Oregon Supreme Earl Nightingale Court then takes the time to approve the appointments at one of its regular meetings. JEFFREY FOOTE MEDIATION JEFFREY FOOTE, PC 1515 SW Fifth Avenue, Suite 808 Portland, Oregon 97201 Tel: 503-228-1133 Fax: 503-228-1556 email: [email protected]
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and Edenfi eld (among others) in times in the past 30 years in the Ethics Focus ON BEHALF OF STUDENTS FROM LEWIS & CLARK LAW SCHOOL, THE Florida Bar v. Went for It, Inc., wake of Bates, Ohralik and the UNIVERSITY OF OREGON SCHOOL OF LAW AND WILLAMETTE UNIVERSITY Continued from page 4 515 US 618, 115 SCt 2371, 132 cases that followed to shape the COLLEGE OF LAW
LEd2d 541 (1995), upholding regulatory structure we have WE WISH TO THANK THESE EMPLOYERS FOR THEIR PARTICIPATION IN certifi ed fi nancial planner in her a Florida rule that prohibited today. We’ll look at that next THE 2007 OREGON MINORITY JOB FAIR: advertising. personal injury lawyers from month. ATER WYNNE • BALL JANIK • BONNEVILLE POWER ADMINISTRATION • BRINDLE sending targeted direct mail MCCASLIN &LEE • BROWNSTEIN RASK • BULLIVANT HOUSER BAILEY • On the latter, the Supreme solicitations to accident victims Mark Fucile of Fucile & Reising CLACKAMAS COUNTY DISTRICT ATTORNEY’S OFFICE • DAVIS WRIGHT TREMAINE • FEDERAL PUBLIC DEFENDER • FOSTER PEPPER • HARRANG LONG Court in Edenfi eld v. Fane, for 30 days following the handles professional responsibility, GARY RUDNICK • LANE POWELL • LAW OFFICES OF NORMA NINOMIYA • LAW 507 US 761, 113 SCt 1792, 123 accident involved. Although regulatory and attorney-client OFFICES OF ROBERT DORBAND • LEGAL AID SERVICES OF OREGON • METROPOLITAN PUBLIC DEFENDER • MILLER NASH • MULTNOMAH COUNTY LEd2d 543 (1993) (involving Florida Bar was a direct mail privilege matters and law fi rm DISTRICT ATTORNEY’S OFFICE • OFFICE OF PUBLIC DEFENSE SERVICES • in-person solicitation by a case, its analysis is framed in related litigation for lawyers, OREGON LAW CENTER • OREGON DEPARTMENT OF JUSTICE • PERKINS COIE • SCHWABE WILLIAMSON & WYATT • STOEL RIVES • TONKON TORP • CPA), emphasized that Ohralik terms of the Supreme Court’s law fi rms and legal departments WASHINGTON COUNTY DISTRICT ATTORNEY’S OFFICE • WASHINGTON STATE was limited generally to approach to solicitation rather throughout the Northwest. ATTORNEY GENERAL’S OFFICE • WILLIAMS KASTNER & GIBBS circumstances that inherently than advertising. His telephone and email are WITH SPECIAL THANKS TO PERKINS COIE LLP lend themselves to potential 503.224.4895 and [email protected]. FOR HOSTING THIS YEAR’S FAIR. undue infl uence. Nonetheless, Both the ABA and Oregon the Supreme Court continued to rewrote their law fi rm THANK YOU TO THE MBA FOR DONATING THIS AD SPACE adhere to Ohralik and relied on it marketing regulations several K. William Gibson Arbitration/Mediation Statewide
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15 MuLTNoMAH LAWYER Remember the Foundation When Renewing This Year
help establish the foundation and Other groups that have received program for the 2007-08 school it’s CourtCare, the MBA’s 100th promote its mission of encouraging grants from the foundation year and we hope at the middle Anniversary Community Gift community understanding of our include the Classroom Law school level there will be an Fund – which provides grants system of government. Project (CLP), which promotes additional teacher who will join to local organizations providing civics education in middle and the experienced teachers at each civics education and participation When renewing your MBA How MBF Helps the high schools. CLP had great school.” – or simply indicate you’d like membership for 2008, please Community success with its “We the People” your donation to go “wherever consider donating to the Th e MBF has been able to expansion program. Th e League of Women Voters is most needed.” Multnomah Bar Foundation provide the funds needed to another group that has benefi ted (MBF), a charitable nonprofi t maintain the CourtCare Program In its fi nal report to the from the foundation, as shown by To learn more about ways to promoting the understanding of at the Multnomah County foundation, CLP reported: the successful Constitution Day give, visit www.mbabar.org/ law and justice. Courthouse. And this drop-in program earlier this year. foundation.htm or call us at childcare program, for children “Five teachers had an extremely 503.222.3275. Since the MBF was formed in ages six weeks to fi ve years, is just positive experience with the Give Generously 2005, hundreds of lawyers and one program that has benefi ted assistance of volunteer attorneys. When donating to the MBF, dozens of fi rms have generously from the MBF. Th ese teachers are planning to you may indicate where you’d donated their time and money to continue to participate in the like your money to go, whether
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