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2016 March Montana Lawyer Montana State Bar of Montana LawyerMarch 2016 | Vol. 41, No. 5 Rest easy about E-DISCOVERY Relax: You don’t have to be a techie to avoid common mistakes — and save yourself a lot of money Page 12 Also in this edition: > Remembering Justice William E. Hunt, who died in February at age 92 > A look at ABA Model Regulatory Objectives for future of legal services > Montana Supreme Court upholds most of 2011 medical marijuana law > Governor appoints Murnion as 16th Judicial District judge Montana Lawyer 1 The official magazine of the State Bar of Montana published every month except January and July by the State Bar of Montana, 7 W. Sixth Ave., Suite 2B, P.O. Box 577, Helena MT 59624. 406-442-7660; Fax 406-442-7763. INDEX E-mail: [email protected] State Bar Officers March 2016 President Matthew Thiel, Missoula President-Elect Bruce M. Spencer, Helena Feature Stories Secretary-Treasurer Remembering Justice William E. Hunt ............................................... 10 Jason Holden, Great Falls Immediate Past President E-discovery Worries? Know the Basics and Rest Easy ................... 12 Mark D. Parker, Billings Cybersecurity: Recent Breaches and Lessons Learned ................ 16 Chair of the Board Leslie Halligan, Missoula Risk Management: Hidden Costs of ‘Going Bare’ .......................... 24 Board of Trustees Elizabeth Brennan, Missoula Marybeth Sampsel, Kalispell Liesel Shoquist, Missoula Leslie Halligan, Missoula Ellen Donohue, Anaconda Regular Features Shari Gianarelli, Conrad Paul Haffeman, Great Falls Member News ...............................................................................................4 Kent Sipe, Roundup Luke Berger, Helena Court News .....................................................................................................6 Kate Ellis, Helena J. Stuart Segrest, Helena Court orders ...................................................................................................9 Jane Mersen, Bozeman Lynda White, Bozeman CLE .................................................................................................................. 20 Ross McLinden, Billings Eric Nord, Billings State Bar News ............................................................................................ 22 Juli Pierce, Billings Obituaries ..................................................................................................... 26 ABA Delegates Job Postings/Classifieds .......................................................................... 30 Damon L. Gannett, Billings Shane Vannatta, Missoula Montana Lawyer Staff Publisher | Christopher L. Manos Editor | Joe Menden 406-447-2200; fax: 442-7763 e-mail: [email protected] Subscriptions are a benefit of State Bar From the cover membership. The prospect of going through e-discovery can be a scary one for attorneys that encourages settling in cases they otherwise wouldn’t. Advertising rates are available upon Knowing just a few basics can help you rest easy — and avoid a big request. Statements and expressions of opinion appearing herein are those of the bill. advertisers or authors and do not neces- sarily reflect the views of the State Bar of Montana. Postmaster: Send address changes to Montana Lawyer, P.O. Box 577, Helena MT 59624. Page 2 March 2016 President’s Message | President Matt Thiel Opposing, ignoring new models won’t keep profession relevant The past few months leading up to the ABA Mid-Year Meeting, I followed the sometimes More on Mid-Year Meeting emotional debate over what I believed to be a See the article on page 19 to read more about fairly straightforward resolution concerning the ABA House of Delegates’ actions at the Mid- a proposal for the ABA House of Delegates Year Meeting. to adopt Model Regulatory Objectives for the Provision of Legal Services. “[T]he profes- Resolution 105, proposed by the ABA Commission on the Future of Legal Services, Damon Gannett (Billings) and Shane Vannatta sion ... must urges each state’s highest court to be guided by (Missoula). The consensus was that R-105 stated remain relevant the following Model Regulatory Objectives for sound policy, but we took no formal action to the Provision of Legal Services, in assessing or endorse passage. Both delegates supported pas- by actively developing regulations concerning nontradi- sage after listening to the debate. addressing tional legal service providers: The debate I witnessed at the National A. Protection of the public Council of Bar Presidents portion of the ABA changes in the B. Advancement of the administration of Mid-Year meeting indicated that some degree practice in a justice and the rule of law of fear and misconception persists that Bar way that makes C. Meaningful access to justice and informa- organizations are not doing enough to oppose tion about the law, legal issues, and the civil and changes to the delivery of legal services or at protection of criminal justice systems worst, are supporting efforts to put lawyers out the public and D. Transparency regarding the nature of work. Emotional arguments centered on and scope of legal services to be provided, the preventing “non-lawyer entrepreneurs” from promotion of credentials of those who provide them, and the providing any form of legal services and out- the rule of law availability of regulatory protections right demands that Bars protect the economic E. Delivery of affordable and accessible legal interests of their members. These arguments are the core princi- services unfair but especially ignore the rapid changes in ples of any new F. Efficient, competent, and ethical delivery technology and the dramatic increase in unmet of legal services legal needs of a growing segment of society that regulatory mod- G. Protection of privileged and confidential have changed the delivery of legal services for els. If we do, the information some areas of law. They also forget that lawyers H. Independence of professional judgment have been involved in developing these services profession will I. Accessible civil remedies for negligence and that antitrust laws and limits on enforcing prosper.” and breach of other duties owed, disciplinary the unauthorized practice of law make outright sanctions for misconduct, and advancement of opposition futile. Most importantly, the essen- appropriate preventive or wellness programs tial role of the unified Bar has always been the State Bar of Montana J. Diversity and inclusion among legal ser- protection and promotion of the public interest. President Matt Thiel is vices providers and freedom from discrimina- The vast majority of our members understand an attorney in Missoula tion for those receiving legal services and in the this. whose practice focuses justice system Bar leaders must be involved in shaping mostly on personal in- The resolution specifically states it does not new regulations directed at new forms of legal jury and labor law. He is put an end to existing ABA policy prohibiting service providers, not in opposing any efforts to an appointed member non-lawyer ownership of law firms or the core address the realities of the disruptive changes of the Montana Facility values adopted by the House of Delegates. in technology and society. Courts will have Finance Authority and The Executive Committee and Trustees no choice but to address challenges to market the Montana Insurance had some productive discussions concerning Guarantee Association. R-105, aided by our ABA State Bar Delegates Message, page 18 www.montanabar.org Page 3 Member and Montana News If you would like to submit an an- litigation and insurance defense. University of Montana School of Law. nouncement in Member and Montana Hindoien has practiced law since His practice areas include civil litiga- News, email it to jmenden@montanabar. 1994. He previously served as chief legal tion, banking and foreclosures, insurance org. Articles are subject to editing for style, counsel to former Gov. Judy Martz and defense, commercial transactions and length and grammar. For photos, high- was an attorney-adviser in the chambers employment law. resolution JPEG images are preferred (at of Judge Charles E. “Chip” Erdmann of Jackson, Murdo & Grant has offices least 300 ppi). the U.S. Court of Appeals for the Armed at 203 N. Ewing, in Helena. 406-442- Forces in Washington, D.C. He also 1300. The firm has been serving business Jackson, Murdo & Grant, P.C. recently served as city attorney for the entities, nonprofit entities, government welcomes new attorneys city of Helena. His practice areas include entities and individuals in a wide range public education law, local government of legal areas since 1967. Cosgrove can be The law firm of Jackson, Murdo & operations and infrastructure, estate reached at 406-513-1117 or tcosgrove@ Grant, P.C., has announced that Terry planning and probate and general busi- jmgm.com; Dalthorp at 406-513-1120 Cosgrove, David Dalthorp, Jeff Hindoien, ness matters. or [email protected]; Hindoien at Murry Warhank and Burt Ward have Warhank has practiced law since 406-513-1124 or [email protected]; joined the Helena firm. 2007. He graduated with high hon- Warkank at 406-442-1308 or mwar- Cosgrove previously served as execu- ors from the University of Utah’s law [email protected]; and Ward at 406-513- tive vice president and general counsel for school and clerked for the senior judge 1123 or [email protected]. Blue Cross Blue Shield of Montana, tax in the United States District Court for counsel for the Montana Department of the District of Utah. Originally from Reiff
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