Published Quarterly by Oregon Women Lawyers Volume 25, No. 1 Winter 2014 25 years of breaking barriers OWLS Fall CLE on Exploitation of Women 1989 -2014 By Teresa Statler n October 18 at the Benson Hotel President Oin Portland, OWLS Kathleen J. Rastetter presented its Fall CLE, Vice President, President-Elect “Exploitation of Women Kendra Matthews at Home and Abroad.” Secretary The keynote speaker Elizabeth Tedesco Milesnick was Sheryl WuDunn, a Treasurer Pulitzer-Prize winner and Laura Craska Cooper co-author of the book Historian Half the Sky: Turning Op- Angela Franco Lucero pression into Opportunity Board Members Hon. Allison Boomer for Women Worldwide. Hon. Frances Burge WuDunn, who wrote the Megan Burgess book with her husband, Maya Crawford Dana Forman New York Times journal-

Amber Hollister ist and Oregon native Photo by Diana Dettwyler @ Parker Logan Media Kristina Holm Nicholas Kristof, told the Sheryl WuDunn at the 2013 OWLS Fall CLE Susan Krant Kate Lozano audience of 200 that gen- Banafsheh Violet Nazari der inequity is the moral challenge of our century. After WuDunn offered a global perspective, an Jennifer Nicholls In a 45-minute presentation, which was fol- informative panel made up of three profession- Hon. Julia Philbrook Hon. Jill Tanner lowed by questions and answers, WuDunn ex- als who work in the Portland area with victims Val Tomasi panded on the stories of women contained in of human trafficking and sex crimes presented Gloria Trainor her best-selling book and discussed international a local perspective. J.R. Ujifusa, a deputy district Hon. Youlee You sex trafficking, maternal mortality, and education attorney for Multnomah County, is part of the Past Presidents Megan Livermore for women and girls in developing countries. She Human Trafficking Unit in the DA’s office. He told Heather L. Weigler noted that 60 to 100 million females are missing attendees that combatting the sex trafficking of Concetta Schwesinger in the world’s population due to maternal mortal- women and girls involves both a complex investi- Gwyneth McAlpine Heather Van Meter ity and deaths resulting from the malnutrition gation and a complex prosecution. Unfortunately, Laura Caldera Taylor of girls. In some countries like Ethiopia, she said, sex trafficking is increasing because perpetrators Kellie Johnson “girls get whatever food is leftover” after their believe, according to Ujifusa, that it is a low-risk Norma S. Freitas Kate A. Wilkinson fathers and brothers eat. Likewise, “what chro- crime without much of an “up front” cost. Ujifusa Jennifer K. De Wald mosomes you have determines how far you’ll go discussed the great demand in Portland for sex, Sarah J. Crooks in school,” WuDunn told the audience. how young women and girls are groomed by sex Elizabeth Schwartz Lori E. Deveny In addition to sobering statistics and informa- traffickers, and the fact that Portland has been Debra Pilcher Velure tion, WuDunn provided examples of positive a national leader in the prosecution of sex traf- Marilyn E. Litzenberger ficking crimes, in both state and federal courts. Teresa M. Kraemer changes that happen in families and in com- Patricia L. Heatherman munities when girls are educated. If women are Ujifusa was followed by Lena Sinha, who Julie Levie Caron allowed to have productive roles in a country’s counsels victims of sex trafficking at the non- Phylis Chadwell Myles Helle Rode society, she said, the country’s economy is stron- profit SARC, the Sexual Assault Resource Center. Diana Craine ger. WuDunn reminded her audience that as Sinha told the audience about the six different Kathryn M. Ricciardelli American women, “we have won the lottery of programs SARC has to educate and prevent Agnes Sowle Katherine H. O’Neil life” because we live in a land where women are sexual violence in the community. She mentioned valued. Her presentation included a multi-media that Portland is an especially attractive area Executive Director Linda Tomassi, 503.595.7831 segment, and her book, with an autographed for sex traffickers due to the large street youth [email protected] bookplate, was available for purchase at the population, a “tolerant population,” and its Editor: Elise Gautier event. easy access to the I-5 corridor. SARC’s programs [email protected] www.oregonwomenlawyers.org Continued on page 14

OREGON WOMEN LAWYERS AdvanceSheet 1 WINTER 2014 President’s Message Upcoming ome of placing stenographers in the classroom OWLS Events us re- to guard against grading bias, since class member participation was a large portion of the Winter Networking Event S Thursday, Feb. 13, 5:00 to 7:30 p.m. life before Ti- grade. Private coaching was provided to No cost. No RSVP necessary. tle IX, the act untenured professors. One of the goals Expand Your Network with OWLS, that created of the program is to foster changes that the Oregon Bankers Association, parity in sports will affect companies populated by Har- and the Oregon Society of CPAs. for women. vard alumni and propel women into the Hotel Monaco Before Title IX, Fortune 500 companies, where only 21 506 SW Washington St., Portland women were chief executives are women. “I Always Feel Like Somebody’s denied the As a result of the efforts, women’s class Kathleen Rastetter Watching Me: Positive Paranoia in opportunity participation rose, women won more Light of Target’s Privacy Fiasco” to learn the awards, and the overall environment at Featuring Tatiana Perry, Tonkin Torp lessons taught to boys and men who HBS improved for women. The experi- Tatiana will discuss critical informa- play sports: the value of teamwork, the ment was not without critics, including tion surrounding privacy and security pursuit of a goal outside of yourself, and some who questioned whether the issues of concern to lawyers, bankers, leadership skills. Title IX allowed girls and HBS environment adequately prepared and CPAs. You may have your client’s women to develop expertise in these women for the reality of the world that best interests in mind, but many in the areas, which benefits them in all aspects they were about to enter (which in itself world do not. Come learn strategies for of their lives. illustrates problems with the way Ameri- protecting your clients and yourself. When I clerked for a federal judge after can business is structured). Most, how- Heavy hors d’oeuvres and no-host bar. Bring your business cards and a law school, we handled a Title VII lawsuit ever, found the experiment worthwhile, colleague or friend for this intra-pro- filed by a former student against Princ- since it eliminated the female student’s fessional networking event. Men are eton and one of its eating clubs (which choice between achieving academic or welcome at OWLS events. Join us. are, in effect, fraternities). Her lawsuit social success. alleged that as a woman denied entry Like sports before Title IX, social net- OAAP-OWLS into the club, she was denied the op- works that exclude women or minorities portunities that were available to men. It teach only one segment of our society Women’s Wellness Retreat was well documented in the lawsuit that how to build the skills and develop rela- Friday and Saturday, May 2–3 men gained valuable contacts, mentoring tionships that lead to success. Specialty Oregon Garden Resort, Silverton The Oregon Attorney Assistance opportunities, and job assistance through bar organizations like OWLS provide Program and Oregon Women Law- membership in these clubs, all of which mentoring and assistance to its members yers invite you to save the date for were denied to women. The case settled to help them navigate the social struc- the seventh annual Women’s Well- after my judge denied the school’s sum- tures within which we must all operate ness Retreat for Lawyers. CLE credits, mary judgment motion. Later these clubs to achieve success in our careers. Your spa treatments, swimming, soaking, opened their doors to women. This case participation in these organizations in- and more. Relax, restore, and social- was one of my first real-life examples of creases our ability to offer law students ize with other women in the law. how the law can help a group achieve and lawyers a wide variety of experiences, Contact Shari Gregory at sharig@ social justice. and it strengthens our social relation- oaap.org for more information. Lest you think inequities are a thing ships. Join our “team” and help us foster of the past, The New York Times recently the next generation of successful women MLLS Monte Carlo Casino Night published an article about an experiment and minority lawyers. Friday, May 16 at the Harvard Business School (HBS). Creekside Golf Club, Salem Unhappy with the lower grades and The Mary Leonard Law Society (MLLS) professors’ scores given to its female will again host a casino night for its students, HBS changed its curriculum, spring charity event. Guests will enjoy rules, and social rituals to foster female Kathleen Rastetter wine and beer from local producers and success. Some of the changes included President, Oregon Women Lawyers hors d’oeuvres while trying their hands at craps, roulette, poker, and blackjack. Community supporters will provide a For more information about OWLS activities, chapters, and wide array of silent-auction items, and representatives of our featured charity volunteer opportunities, visit www.oregonwomenlawyers.org. will be on hand to talk about their important work. Mark your calendars!

Our mission is to transform the practice of law and ensure justice and equality by advancing women and minorities in the legal profession.

OREGON WOMEN LAWYERS AdvanceSheet 2 WINTER 2014 OWLS Coffee Creek Book Drive: March 3–March 17 oin OWLS for our book drive to literature. Some are barely literate, others have broken spines. The CCCF library is a benefit the library at the Coffee are college educated. If you read a book circulating library in a place that has some JCreek Correctional Facility (CCCF) and liked it, chances are that someone fairly rough conditions sometimes, so a in Wilsonville. Over the past ten years, at Coffee Creek will too. book that is in only fair shape to OWLS members have generously donated Books written for begin with just won’t last very thousands of books to the library. The young adults are long. So here is the basic rule: books get a lot of use, so there is always particularly needed, Is the book in good a need for more, especially books in because the reading enough condition that Spanish, Russian, and other languages. level of those books you would not be em- Specific information about donation is a bit lower, but barrassed to give it drop-off sites will be provided soon. the content is mature as a gift to someone? Contact Candace Hathaway at hathaway. enough to hold a Because that is what we [email protected] to coordinate a woman’s interest. are doing—we are giving these women donation drop-off site. Nonfiction is also ac- a wonderful gift. Our donations should To make the book drive a success (and ceptable, but a few more rules apply: No reflect that. the work of the volunteers easier), please true crime books or books on gambling. All donations are tax deductible to the keep these important points in mind: No law books (the facility has a budget full extent allowed by law. Format: Both hardcover and softcover for those and will not take donated ones) For questions about the book drive, books are acceptable. Books on CD are or textbooks of any kind. contact one of the coordinators: Candace also acceptable (and appreciated), but Children’s books are also welcome— Hathaway, hathaway.candace@gmail. please do not donate books on tape, many of the women at Coffee Creek have com; Jennifer Hunking, jhunking@gat- because the cassette cases can be used children who visit them, and reading to- tilaw.com; Susan Krant, krant@abklegal. to hide contraband. No magazines and gether is a great bonding experience. But com; or Gail McEwen, mceweng@meritel. no music CDs. please, no coloring or activity books that net. Content: Any form of fiction is accept- have already been used or played with. If you are interested in helping out by able. Mysteries, romance, and science Condition: Books must be in good to providing a donation drop-off site, please fiction/fantasy are the most popular. excellent condition. No books with torn contact Candace Hathaway at hathaway. The women at Coffee Creek have a wide covers. No books that have been written [email protected]. range of reading abilities and tastes in in. No books that are water-damaged or Thank you in advance for your support! Happy 25th Anniversary, Cases are Won in Depositions. OWLS! NAEGELI DEPOSITION AND TRIAL

marks OWLS’ 25th anni- versary! Our yearlong cel- THE BUSINESS JOURNAL 2014 PORTLAND, OREGON ebration will culminate in an anniversary WOMEN OWNED

TOP BUSINESSES party following the Fall CLE. Our success over the past 25 years is due COURT REPORTING to the dedicated service of hundreds of VIDEOGRAPHY volunteers. Thank you to our founding VIDEOCONFERENCING members, past presidents, and past board TRIAL CONSULTING TRIAL PRESENTATION members. Thank you to our members who COPYING / SCANNING serve on committees or are active in our TRANSCRIPTION local chapters. Thank you to our members INTERPRETING who have attended events around the state. Each of you has played a critical role in OWLS’ success. NAEGELI We look forward to celebrating OWLS’ 25 amazing years throughout 2014 and Expect Excellence are excited about our continued growth in the years to come. (503) 227-1544 • (800) 528-3335 • [email protected]

OREGON WOMEN LAWYERS AdvanceSheet 3 WINTER 2014 Amending ORPC 8.4 to Address Discrimination: Stay Tuned By Bonnie Richardson early three years ago, in March Eventually, the proposed amendment advance social and political agendas, 2011, OWLS sent a letter to the went to the OSB Legal Ethics Committee, extending protections beyond current NOSB Board of Governors re- which approved a modified amendment law.” The proponents of the amendment questing that a task force be formed to after obtaining input from other inter- were not informed of the Supreme Court evaluate and draft a revised ethics rule ested groups. After several rounds of presentation until after it had occurred. or policy to address the issue of discrimi- amendments, the committee presented During my involvement over the past nation, intimidation, and/or harassment the proposed amended rule to the OSB few years with this proposed amendment, by attorneys. OWLS became involved at Board of Governors, which recommended I have heard many examples of preju- the request of a female attorney who adoption of the rule to the OSB House dice, bias, and harassment by attorneys had been sexually harassed by opposing of Delegates. In November 2013, after directed at women and minorities. The counsel in the previous year and filed an vigorous debate, the House of Delegates attorney who contacted OWLS had the ethics complaint with the bar. The current voted to approve a slightly modified courage to come forward and tell her rules did not clearly apply, prompting the amendment to the Oregon Rules of story about the sexual harassment she move to amend the rules. Professional Conduct. endured. She never meant for her story Three years later, OWLS continues to The approved amended rule was then to be picked up by the press, and she was support a change to the ethics rules. A presented to the Oregon Supreme Court, worried about how it would affect her task force was formed in 2011 consisting at which point a group of individuals career and how she would be perceived of eight attorneys from various back- voiced their concerns about the consti- by her colleagues even though she did grounds. In September 2011, the task tutionality of the proposed amendment. nothing wrong. She was not offered an force recommended an amendment to The Supreme Court declined to act on opportunity to tell her story to the Or- Oregon Rule of Professional Conduct the amendment, and requested that egon Supreme Court, but she spoke to 8.4 to add a subsection for professional the bar further examine the potential the House of Delegates before it voted misconduct based on discrimination or constitutional issues related to the pro- for the amendment. I can’t imagine how harassment. The proposed amendment posed amendment. In a letter written difficult it was for her to speak out about prohibited a lawyer, in the course of to the Supreme Court, opponents of the what happened to her to a room full of representing a client, from knowingly amended rule expressed doubt whether fellow attorneys. But I am grateful for manifesting bias or prejudice based on the amendment was needed because the her courage because even “one example” race, religion, age, gender, sexual ori- bar “only came up with one example of sexual harassment is one too many. entation, national origin, marital status, of actual bias or prejudice exhibited by or disability. An exception was added to an attorney . . . .” The opponents’ letter Bonnie Richardson is a partner at Folawn permit a lawyer to engage in legitimate also stated, “The proposed amendment Alterman & Richardson and has served advocacy. fractionalizes the profession and enables on the OSB Legal Ethics Committee Task special interest groups to use the bar to Force since its inception. OWLS Rainmaking Dinner Serves Up Good Advice By Karie Trujillo ore than 50 young attorneys, Proctor, Proctor Law; Coni Rathbone, how many eager for mentorship and Zupancic Rathbone; Renée Rothauge, billable hours Mguidance, attended the fourth Markowitz, Herbold, Glade & Mehlhaf; are needed to annual OWLS Career Development and Judy Snyder, Law Offices of Judy Snyder; pay for your Rainmaking Dinner on Thursday, Novem- Marshal Spector, Gevurtz Menashe; Val salary, secre- ber 14, at the Portland Hotel Monaco. Tomasi, Tomasi Salyer Baroway; and Julie tary, parale- Each year OWLS hosts the event, which Vacura, Larkins Vacura. gal, etc.; strive is designed to give young lawyers and Jane Paulson, a partner at Paulson to make your- lawyers in transition a chance to learn Coletti, was a participating mentor as self indispens- from successful rainmakers how to build well as the evening’s keynote speaker. able; and find their careers and develop robust law prac- She offered advice for young attorneys, a niche. tices. This year’s mentors included Dina such as be happy about where you work A special Jane Paulson Alexander, Radler White Parks & Alexan- and with whom you work, don’t take stuff thanks our der; Courtney Angeli, Buchanan Angeli personally, be yourself, trust your gut, and sponsors, Tomasi Salyer Baroway, Proctor Altschul & Sullivan; Christine Brown, Gar- network with purpose. She also discussed Law Group, and Markowitz, Herbold, vey Schubert Barer; Ingrid Brydolf, Davis advice from the best-selling book Lean Glade & Mehlhaf, and to the dinner or- Wright Tremaine; Nancy Chafin, Chafin In, by Sheryl Sandberg, such as sit at the ganizing committee, composed of Stacy Law; Sarah Crooks, Perkins Coie; Janet table, take risks, negotiate, and consider Owen (event chair), Val Tomasi, Kathy Hoffman, Janet Hoffman & Associates; your career path more of a jungle gym Proctor, and Karie Trujillo. John Mansfield, Mansfield Law; Chrys than a ladder. Lastly, she advised young Martin, Davis Wright Tremaine; Carol Mc- attorneys who want to make partner to Karie Trujillo is the director of marketing Coog, Hawkins, Delafield & Wood; Kathy start thinking like a partner. Consider at Markowitz, Herbold, Glade & Mehlhaf.

OREGON WOMEN LAWYERS AdvanceSheet 4 WINTER 2014 Judge Elizabeth L. Perris and Lissa Kaufman to Be Honored at Roberts-Deiz Awards Dinner on March 14 By Lee Ann Donaldson

Bankruptcy Judge Eliza- beth L. Perris has been U. S. selected to receive the 2014 Justice Betty Roberts Award for the promotion of women in the law and the community. Lissa Kaufman, the director of Portland State University’s Student Legal Services, will receive the Judge Mercedes Deiz Award for the promotion of minori- ties in the law and the community. The award recipients will be honored at the 22nd annual Roberts–Deiz Awards Dinner on Friday, March 14, at the Nines Hotel in Portland. The Justice Betty Roberts Award honors any Oregon-licensed attorney who has made an outstanding contribution to promoting women in the legal profession Photo by Mike Reynolds, Dreams in Bloom Photography and the community. Lissa Kaufman (left) and Judge Elizabeth L. Perris Appointed in 1984 to the United in the bankruptcy bar. outstanding contribution to promoting States Bankruptcy Court for the District As one local attorney wrote, “A woman minorities in the legal profession and of Oregon, Judge Perris became only the of Judge Perris’s character and caliber the community. second female bankruptcy judge for Or- is a shining beacon as a role model to Lissa Kaufman, the director of Student egon. Since her appointment, Judge Perris other women and a strong statement Legal Services at Portland State University served on the Ninth Circuit Bankruptcy of what women can accomplish in the (PSU), will receive the 2014 Justice Mer- Appellate Panel from 1988 through 1993 legal profession and in their community.” cedes Deiz Award for the outstanding and 1998 to 2005, serving as chief judge Judge Perris consistently encourages contribution she has made to promoting of the panel from 2003 to 2005. She has women in the development of their minorities in the legal profession and the written many articles, handbooks, and careers, especially those who show inter- community throughout her legal career. continuing legal education materials, and est in debtor-creditor law. Judge Perris One of her colleagues explained: “I know her professional activities are numerous. helped organize the Women Bankruptcy few people who work so persistently to She has taught basic and advanced bank- Attorneys group in Oregon, known as promote diversity and inclusion in the ruptcy at Lewis & Clark Law School and WOMBATS, after witnessing the suc- legal profession. Lissa’s leadership in this debtor and creditor law at Willamette cess of a similar group in Washington. area is practical and direct.” University College of Law. WOMBATS provides support for women Lissa began her legal career at Oregon Judge Perris offers assistance to people in the male-dominated bankruptcy field, Legal Services in Woodburn. Fluent in outside the legal community as well. She giving its members a great network of Spanish, she represented migrant and volunteers to help educate high school experienced female practitioners. seasonal farm workers in employment, students about financial literacy with Many lawyers have personal stories housing, civil rights, and naturalization the Credit Abuse Resistance Education of Judge Perris’s reaching out to them, cases in state and federal court. From program (CARE) and volunteers for the mentoring them, and encouraging them 1998 to 2006, she represented indigent Portland-area pro bono bankruptcy both professionally and personally. One parties in the Portland metro area as a clinic, which helps people who need to of the attorneys personally mentored staff attorney for Metropolitan Public file for bankruptcy, many of whom are by her stated, “Through her example I Defender. single mothers. know she has changed many cynics’ minds In 2006, Lissa accepted the position at In addition to her professional duties, about whether women can be good PSU, where she continues to overcome bar activities, and volunteer programs, lawyers; her demonstration of excellence the barriers faced by her student clients. Judge Perris generously gives her time is undeniable. Through her example of She has also expanded the Student Legal to meet with women law students and excellence, and untiring dedication to Services program to better accommodate young lawyers who seek her advice and the legal profession, she has transcended the needs of the largest and most diverse guidance on how to be successful in gender . . . . She would tell us that was the university in the Oregon University Sys- bankruptcy law, a predominately male goal all along.” tem. For example, Lissa founded an im- field. For example, after one woman It is with honor that OWLS presents migration clinic at Student Legal Services attorney appeared before her once or the Justice Betty Roberts Award to Judge to help undocumented students and their twice, Judge Perris invited her to lunch Elizabeth Perris. families find a pathway to citizenship. to encourage her to focus on bankruptcy The Justice Mercedes Deiz Award rec- As one of her colleagues stated, to increase the representation of women ognizes an individual who has made an Continued on page 14

OREGON WOMEN LAWYERS AdvanceSheet 5 WINTER 2014 OWLS Members Discuss Working as In-House Counsel By Rachell Hull ust 8% of Oregon’s lawyers practice real estate, and independent contractor neys, getting as in-house or corporate counsel, agreements, along with employee train- updates on Jaccording to the Oregon State Bar’s ing and employment matters as neces- their projects 2012 Economic Survey. Though only a sary. Jennifer estimates that she spends and discuss- small number of attorneys choose this 90% of the day practicing law and 10% ing strategy path, it can be the perfect fit for an at- managing. Her team includes a contract and work- torney with a strong interest in business manager and a corporate counsel. load. Because or a background in a specific industry. As Trudy Allen spends up to 50% of her her team is part of an informal series on the career time managing, “including both manag- not central- paths open to OWLS members, we spoke ing and mentoring the personnel in [her] ly located, to three members currently working as department, as well as collaborating with these regular in-house counsel to learn how they got the senior managers of the division and phone calls Trudy Allen there, how they like it, and most impor- working on global issues and projects are designed tant, how they make it work. for them.” Her legal practice is primarily to keep her team feeling engaged and Jennifer Allison is senior corporate commercial leasing and lending transac- supported. Regarding communication counsel for Tripwire, a large Portland- tional work, negotiations, and contract with internal clients and executives, she based software company that provides drafting, and she oversees a staff of five says, “Don’t be afraid to ask questions. IT security and compliance automation attorneys and two paralegals. Trudy is Learn about the business and how they solutions. Jennifer graduated from Lewis always available to clients, which she have handled legal issues in the past. Be & Clark Law School and started her in- says is both a benefit and a hazard for as accessible as possible to employees, so house legal career at EthicsPoint, Inc. in-house counsel. “I often have walk-in they feel free to consult with you. They (now Navex Global) doing security and questions from the employees in our will also be a source of information about compliance work. Portland office. The variety of issues I what is going on in the business.” Kate Wilkinson is vice-president, deal with is very broad. The workload Part of good communication in a busi- general counsel, and human resources is difficult to predict, and we’re always ness environment is the ability to present director for C&K Market, Inc., a company trying to catch up.” legal issues in a way that makes sense to that owns and operates almost 80 grocery Hands-on management of employ- business people. “It’s like having the abil- stores and pharmacies in small markets ment law issues is common for in-house ity to translate language,” says Jennifer. across Oregon and California. She at- counsel at larger companies. Managing When using legal terms like “indemnifica- tended the University of Wisconsin Law a staff of one attorney and seven hu- tion,” which may have a vague meaning School before entering private practice man resources employees, Kate Wilkin- to someone who has never sat through a in Eugene. She joined C&K Market, Inc., son of C&K Market doesn’t even try to 1L contracts class, she uses fact scenarios after representing the company as outside describe a typical day. “My work life is to illustrate potential consequences. She counsel and recognizing her interest in so varied—I generally have at least one focuses on the effect of the language, the business affairs of her clients. meeting, sometimes many more. I work not the language itself. Trudy Allen is general counsel of U.S. on projects, review documents, draft Working in a very technical business, Bank Equipment Finance, a division of U.S. policies and procedures, and consult with Jennifer sometimes finds herself on the Bank National Association. After graduat- various departments.” With most meet- other end of this issue; lawyers aren’t ing from Lewis & Clark Law School, she ings scheduled in the morning, she tries always equipped to understand the spe- worked as corporate counsel at banks in to carve out quiet time in the afternoon cifics of industrial or technical products. Oregon that ended up being merged into for substantive legal work. That said, she She recommends cultivating relationships Bank of America. She moved to U.S. Bank finds that flexibility is a must in a job that with company experts who can break in 1994. Her current role was created to encompasses many roles. down the specifics of a product and help recognize her increased responsibilities A common theme emerged in each of you understand your company’s risks, as the head of legal services for a self- my conversations with OWLS members the buyer’s risks, and how the product’s contained unit with unique legal needs. who work as in-house counsel: commu- specifics affect negotiations. Most in-house counsel positions are nication is the key to success. All three When we discuss the ups and downs a busy mix of practicing law, managing women emphasized the importance of of in-house practice, a conflict emerges. staff, and participating in business opera- open and continuous communication The great thing about being in-house is tions. Jennifer Allison says, “Typically I both up and down the chain of command. that you’re part of the team—an invested, start my day by reading emails that came This means not only having an open-door day-to-day player in the life of a company. in overnight from my sales teams in Asia, policy, but also making a specific effort The hard thing about being in-house is Australia and Europe. I review and re- to speak with key colleagues regularly, convincing your colleagues that you are spond to contract questions and assist in including the lawyers and non-lawyers just as committed to the success of the closing revenue deals. My key responsibil- they manage, executive boards, clients, business as they are. Kate was initially ity is managing all revenue work for the and retained outside counsel. surprised by the negative view of law- company—primarily negotiating license Trudy’s team includes staff in other yers held by some people in the business and service agreements.” She also handles states, and she starts every day with world. While lawyers are well-respected, confidentiality agreements and vendor, phone calls to at least two of those attor- Continued on page 7

OREGON WOMEN LAWYERS AdvanceSheet 6 WINTER 2014 Working as In-House Counsel continued from page 6 she says “[m]any people view lawyers as to not only wear a ‘legal’ hat. The more an impediment to getting things done. It’s you understand what makes a business important to demonstrate that you un- successful, the more value you will bring derstand and respect the core business.” to that business.” Jennifer echoes this sentiment. “People Trudy advises attorneys looking to see lawyers as difficult to work with, move to in-house counsel to network unnecessarily argumentative, and an with employees of the company or, better impediment to business. None of these yet, work for them as outside counsel or traits can be part of a successful in-house consultant. Get to know the employees attorney’s approach.” While attempts to and the industry, and be patient. Once mitigate risk can naturally conflict with you’re in the door, Kate’s advice is suc- the desire for continued and growing cinct: “Focus, and listen.” Jennifer Allison revenue, “you need to understand that With a relatively small number of at- your legal opinion is going to be weighed torneys in Oregon practicing as in-house work fewer hours than those in private against the profit of the business. Just counsel, it is difficult to paint an overall practice—does not hold up in Oregon. saying ‘no’ is not going to earn you a picture of the nature and conditions of While those in private practice work an continuing seat at the table.” the practice. The OSB’s 2012 Economic average of 180 hours a month, in-house In-house attorneys also develop skills Survey shows that attorneys who work counsel average 188 hours. in a rather unique area: selecting and in-house rate their career satisfaction at Of course, numbers alone can’t tell you using outside counsel effectively. Kate a 3.9 on a scale of 5, very slightly higher if a career path is right for you. But the cites expertise and responsiveness as the than the 3.8 average score of attorneys attorneys who generously made time for most important factors to consider dur- in private practice. (The survey does not this article are proof that these positions ing selection. C&K Market, Inc., retains capture 100% of Oregon attorneys, but can be satisfying for the attorney and California counsel to assist with Califor- it is considered a good representative beneficial for the company, including nia-specific employment and corporate sample.) The average salary for in-house its bottom line. As Kate says, “I love the regulatory issues. Jennifer coordinates counsel is $157,000, higher than the variety and the constant challenge. I re- with local counsel around the world on $135,000 average for private practice. ally enjoy working as part of a business.” international issues, including attorneys Salaries at the 75th and 95th percentiles Rachel Hull is a contractor specializing in Germany, the United Kingdom, and are also higher for in-house counsel. One in privacy at the Bonneville Power Japan. As a smaller player on the inter- persistent myth—that in-house counsel Administration. national scene, Tripwire tends to choose boutique firms with specialized experi- ence, giving repeat business to those who “A Portland lawyer provide the best service. Tripwire relies called me at on local managers and local counsel to provide recommendations based on 4:12 pm and asked previous experience. if I could get him Another challenge is determining whether to hire new attorneys or retain a reporter that outside counsel. Trudy has expanded afternoon and her department three times; she values the deeper understanding of company again the next day. operations and goals that an in-house The location was We offer the same services as the other top attorney has. For her division, outside aboard a Greek Portland reporting firms. We deliver the counsel provides specific expertise and a safety valve for work overflows. ship which could same high quality product. The difference is our personal commitment to superior service. Jennifer, Kate, and Trudy offered tips only be reached for law students and attorneys interested Our reporter and a Greek interpreter were in pursuing a career as in-house counsel. by a short ride on board until 2:00 am and back later that day. Law students should take all the business in a small boat classes available, as well as securities law. Our client was impressed, of course. Seek internships with corporate legal and a long climb If you want service, call Teach. 503.248.1003 departments. If your law school offers up a rope ladder. It’s all about service. co-enrollment with MBA or accounting There was only courses, these can also provide important skills and insight. Jennifer has found that one thing to say. lawyers with a business background are “grounded in practicality” and able to “Of course.” solve business problems effectively and 1500 SW First Avenue, Portland, OR 97201 explain why legal decisions make sense —Catherine Teach 503.248.1003 or 800.230.3302 from a business point of view. “It is useful

OREGON WOMEN LAWYERS AdvanceSheet 7 WINTER 2014 CLE on Gender Equity in Partner Compensation By Bonnie Palka n December 13, OWLS and the Compensation at Perkins Coie, Rob a member Oregon State Bar co-sponsored a said, is “data-driven, though not formu- of your firm OCLE program on gender equity in laic.” Credits are given for origination, who likes to partner compensation, making extensive productivity, supervision, lead responsi- negotiate his use of written materials compiled by the bility for clients and matters, and client or her own ABA Task Force on Gender Equity. retention. In recent years, four measures compensa- Sunny Petit, executive director of Port- for evaluation have been increased to tion and who land State’s Center for Women, Politics, twelve measures, to better capture a can help you and Policy, provided context for the dis- partner’s overall contributions. Attorneys identify three cussion of gender inequity in compensa- are compensated for important admin- people simi- tion, its possible causes, and solutions. She istrative responsibilities, such as serving lar to you in covered cultural challenges and teen-girls on the compensation committee, though the firm with Sunny Petit leadership programs designed to over- not as highly as for origination credit. whom you come them; the “imposter syndrome” Everyone is educated about the system can compare yourself. Compensation experienced by some professionals; the and knows what to emphasize in their committees read “brag memos.” Describe fact that men are more likely to negotiate yearly reviews. in the memo what you’ve done to ad- compensation than women; sponsorship Nena Cook identified origination credit vance business for the firm. Include dollar as distinguished from mentorship in de- as key to compensation, particularly in figures from origination and supervision veloping careers; identifiable, objective small and medium-sized firms. She of- credit, but also monetize the “soft arts.” factors in determining compensation fered these suggestions: (1) Do good If you’ve mentored or recruited someone at law firms; the “Women Attorneys work as a prerequisite for developing above his or her billable hour goal, for Business Development Study” by Harry business. (2) Develop relationships with example, note that you’ve saved the firm Keshet, PhD, of Keshet Consulting; and colleagues, not just externally but also an estimated $500,000 in turnover costs. law firm women’s initiatives. internally, because in succession planning Also describe what you’ve done for Following the presentation, Oregon your partner needs to be able to trust the firm itself (training, for example) and Attorney General Ellen Rosenblum mod- you with his or her clients after he or what you’ve done for the community. erated a panel discussion. Panel members she retires. (3) Volunteer for leadership Because women excel in negotiating for were Robert L. Aldisert, Perkins Coie; committees, such as the compensation others, tell the committee members who Nena Cook, Sussman Shank; and Renée committee. Nena’s presentation might will benefit from your increase in com- E. Rothauge, Markowitz, Herbold, Glade best be summarized as follows: Know pensation. Renée herself once delineated & Mehlhaf. what is important to you. Identify what to a compensation committee how much Robert Aldisert is the Portland office is in the best interest of your law firm. of an increase in compensation she would managing partner for Perkins Coie, Empower yourself! need as a good parent to provide braces which has over 60 attorneys in Portland, Renée E. Rothauge said that she avoids for her daughter. Committee members, over 900 firm-wide, and is ranked #49 sitting on compensation committees after all, are human and want you to on The American Lawyer’s 100 List for because she prefers to spend that time be happy. You might also negotiate for 2013. Rob described some of the factors marketing and trying cases, but she loves an increase that would provide you the that his firm’s 18-member compensation to navigate the compensation system for means to do more in your life, such as committee employs. The committee’s herself or others. She offered a three-step supporting a cause or nonprofit that is membership is designed to include rep- approach: (1) get a compensation coach, important to you. resentatives from all compensation levels, (2) write a tightly written “brag memo,” Reflecting afterward on the CLE, Attor- offices, genders, and practice groups. and (3) negotiate for someone else. She ney General Rosenblum commented that Members are rotated off the committee elaborated as follows. the program was a good beginning of every three years. Your compensation coach should be an important conversation. She was very pleased to see the turnout of both men and women. David Wade, a 2011–2013 OSB Board of Governors member who had urged that this CLE be presented, and Tom Kranovich, the 2014 Board of Governors president, participated in energetic discussions from the audience. Gender equity in compensation is a win-win situation for law firms, including their male attorneys, and for all women attorneys. We can each do our share to raise awareness and implement change. Choose to make it happen! Bonnie Palka, admitted to the bar in Ore., Calif., and Mass., resides in Beaverton.

OREGON WOMEN LAWYERS AdvanceSheet 8 WINTER 2014 113 Women Judges and Growing By Gloria Trainor n December 10, Queen’s Bench with business at the courthouse. She then members enjoyed the 23rd an- welcomed the incoming board and passed Onual Queen’s Bench Holiday Lun- the Queen’s Bench president’s crown pin cheon honoring and celebrating women to incoming President Mary Dougherty. members of the judiciary. Justice Martha Julie then introduced Justice Martha Walters of the Oregon Supreme Court Walters, who spoke about the evolu- was the keynote speaker. Queen’s Bench tion of the role of women in the law President Julie Lohuis began the event, in Oregon. Justice Walters touched on held at the Governor Hotel in Portland, the history of Queen’s Bench, which

by introducing the 41 state and federal was founded in 1948 by a group of 25 Photo by Mike Reynolds judges who were present. The energy in women lawyers that included no judges. Justice Martha Walters the room was high as the audience dined She encouraged the audience to marvel on a festive buffet luncheon while recog- with her at the “wonderful and won- Court, Justice Virginia Linder. Justice nizing and applauding female members drous” transformation that resulted in Walters told entertaining and uplifting of the bench who are also our mentors, the invitation of 113 female judges to the stories about these relationships and their role models, colleagues, and friends. 2013 Queen’s Bench Holiday Luncheon. role in inspiring her to reach new and Next, following holiday luncheon tra- Justice Walters recounted her own ex- greater heights. She also mentioned many dition, OWLS President Kathi Rastetter perience as a young attorney and opening of her male mentors and friends, but fo- announced the 2014 recipients of the a law firm in Eugene, where they did not cused on women, she said, because they Justice Betty Roberts and Judge Mercedes know any other women who had formed haven’t always been able to be lawyers Deiz Awards. [Please see page 5.] their own firm. “We raised our dogs and and partners and judges. For that reason, Julie Lohuis then took the stage for a kids, sometimes in that order, at the firm,” their history and accomplishments are 2013 Queen’s Bench year-in-review. Fol- she laughed, adding, “We didn’t work especially sweet to celebrate. lowing the themes of diversity and lead- together—we lived our lives together.” Justice Walters left the audience with ership, Queen’s Bench hosted monthly She spoke about the invaluable rela- a message of encouragement for women luncheons that included presentations tionships she had and continues to have attorneys to continue to do the work on topics ranging from the need for a with the women who inspire her, sup- that inspires them and to find joy in each new Multnomah County Courthouse to port her, and collaborate with her, from other while doing so. She closed with a the effects of the fall of DOMA and the Attorney General Ellen Rosenblum—a reading of the poem “To Be of Use,” by importance of pro bono work. Julie also law school classmate—and her former Marge Piercy. announced a $500 donation from Queen’s business partners Jackie Romm and Gloria Trainor practices personal injury Bench to Multnomah County CourtCare, now-Judge Suzanne Chanti to her fellow and family law at Summer Trainor LLP in which provides free child care to parents female justice on the Oregon Supreme Portland and serves on the OWLS board. OWLS Members Receive OSB Awards Queen’s Bench By Megan Lemire everal OWLS members received awards from the Oregon State Bar (OSB) at a Luncheons in 2014 Sluncheon in Portland on December 5. The theme for the 2014 Queen’s Bench In recognition of her contributions to the profession, Gina Johnnie received the luncheons is “Authentic Communication: President’s Membership Service Award. She served on the OSB Board of Governors The value of including diverse perspec- (BOG) from 2008 through 2011 and has been active in the Marion County Bar Asso- tives.” Join us as we explore strategies to ciation (including serving as its president), OWLS, and the Mary Leonard Law Society. improve communication between people Judge Angel Lopez received the President’s Affirmative Action Award for his con- with different experiences and expecta- tributions to the goal of increasing minority representation in the legal profession. tions. Luncheon speakers include these: He has served on several committees dealing with the issue, and during his term as • March 11: Cheryl Myers, director of OSB president, he advocated the adoption of the bar’s Diversity CLE requirement. economic and business equity for the For her outstanding contributions to the bar, bench, and community, Attorney state of Oregon. RSVP by March 5. General Ellen Rosenblum received the President’s Special Award of Appreciation. • April 8: Marilyn Bergen of Confluence She has guided judges throughout the state on judicial ethics issues, served as a Wealth Management. RSVP by April 2. mentor throughout her career, and served the OSB and the ABA in many capacities. • May 13: Gail Shibley, chief of staff Gerry Gaydos also received the President’s Special Award of Appreciation, for his for Portland Mayor Charlie Hales. RSVP service on behalf of the legal profession and the Eugene-Springfield community. A by May 7. champion fundraiser for the Campaign for Equal Justice, he has served as OSB presi- Luncheons take place on the second dent and is the only Oregon lawyer to have served two four-year terms on the BOG. Tuesday of every month from 11:45 a.m. The Edwin J. Peterson Professionalism Award was given to Oregon Supreme Court until 1:00 p.m. at the Governor Hotel in Justice David Brewer, whom Judge Lopez referred to as “the living definition of downtown Portland. To register, visit professionalism in our community.” Justice Brewer has dedicated his time to the Cam- www.owlsqueensbench.org/monthly- paign for Equal Justice, the Lane County Relief Nursery, Legal Aid, and court reform. luncheons.html. You’ll also find there a Megan Lemire, at Lemire & Hirano in Portland, focuses on employment and civil rights law. complete list of the 2014 speakers.

OREGON WOMEN LAWYERS AdvanceSheet 9 WINTER 2014 A Tribute to THE JUDGES’ FORUM ing room in the Weil Judge Gayle Nachtigal Arcade in downtown e see no better platform than Hillsboro, the “Judges’ Forum” to recog- though I nize the professional compe- W can’t re- tence and special talents of Judge Gayle member Nachtigal. This article’s purpose is not By Women Judges on the the exact to offer meaningful tips or advice to at- date—this torneys, but rather to say farewell to an Washington County Circuit Court appear- inspirational judge who has been a promi- ance must nent example to many. Judge Nachtigal at the time, and were both working have been has blazed a path with poise and author- in Washington and Multnomah Coun- in about ity. She was the second female judge in ties, we only occasionally ran into each Judge Gayle Nachtigal 1991, just Washington County. She recently retired, other. As it turned out, I was appointed at the beginning of Judge Nachtigal’s and as we celebrate her retirement, the to the Washington County bench only a judicial career. My client was the parent women judges in Washington County few years before Judge Nachtigal. I was of an abused child; I was representing my would like to share a few thoughts in delighted when she was appointed, as client in divorce and juvenile proceed- recognition of her mentorship, guidance, there was now another female on the ings. Judge Nachtigal ruled quickly and and encouragement. bench with me, and that female was a person I knew, liked, and admired. We pragmatically on my client’s request to first met Judge Nachtigal in the mid- ended up working closely as the domestic have more control over the next treat- I 1970s when we were both attending relations “team” for a few years, even ment steps for her child. Lewis & Clark Law School. Our schedules sharing staff for a period of time. We Over the years, this was my experience rarely meshed, but what I do remember often had lunch together, and shared with Judge Nachtigal—she came to deci- is that it seemed that when she and I did a lot of laughs (Judge Nachtigal has a sions quickly, and ruled with confidence have a class together, Fred Nachtigal was wonderful sense of humor). and clarity. She had a gift for finding also in the same class. Of course, it was As we gradually had more women pragmatic answers to the questions not long before they married. judges on the bench in Washington presented. As an attorney, I looked up Surprisingly, since we seemed to be County, Judge Nachtigal suggested we to Gayle. As the first female presiding roughly on the same career path, were calendar in a monthly lunch when all judge for Washington County, and only among the relatively few women lawyers of the female judges (and occasionally the second female judge on this bench one or two of the male judges) would after Nancy Campbell, Gayle was blazing get together. These afforded a great trails for those of us who were beginning opportunity for us to get to know each our practices a few years later. other better and also discuss any issues When I joined the Washington County we may be having with cases we were bench in 2002, I learned that there was handling. These lunches continue to this another side to Gayle Nachtigal—that day, though they are not as frequent or of supportive mentor, colleague, and regular as they once were; this is probably friend to a new judge who was learning because as our numbers have increased the ropes. She organized monthly “lady it is much more difficult to find a time judges” lunches so that the female judi- when everyone can get together. cial officers would have the opportunity Judge Nachtigal was always very caring to get together and socialize on a routine and thoughtful. When my mother died, I basis. She arranged a baby shower for found flowers on my doorstep from her a judicial colleague expecting her first and Fred. When Judge Upton was preg- children, which in turn inspired grand- nant with twins, it was Judge Nachtigal baby showers for the grandchildren who who had a shower for her at her home arrived later for a couple of us. Gayle with all of the women judges. Those of is a consummate pro as a judge, with us who know Judge Nachtigal and have a fierce intellect—I knew this before I Creative Approaches to worked with her know how organized worked with her, but I didn’t realize that Complex Problems and efficient she is, but what comes to my she was also a supportive friend to the mind when I think of her is her kindness, people with whom she works. This has International Academy of Mediators compassion, and sense of humor. Judge been a delightful component to these past eleven and half years of service on Distinguished Fellow, Top 25 Oregon Nachtigal knows how to have fun and the same bench. Particularly when I tran- Women Lawyers, Oregon Super will have a wonderful retirement. sitioned into the job of presiding judge in Lawyers® & Best Lawyers in America® Nancy Campbell Mead, Senior Circuit 2011, I knew that Gayle was only an email Court Judge, Washington County or phone call away—willing to answer 503-222-5949 y first meeting with Judge Gayle a question, or bounce around an idea. www.Susan-Hammer.com MNachtigal was in the juvenile hear- Gayle’s service to the Washington Continued on page 11

OREGON WOMEN LAWYERS AdvanceSheet 10 WINTER 2014 A Tribute to Judge Gayle Nachtigal continued from page 10

County Circuit Court has been broad and When I joined the bench I gained an will be missed on the bench. varied—from Juvenile to Family, Criminal, opportunity to know Judge Nachtigal Michele C. Rini-Hearings, Civil, and serving as presiding judge. With better. Gayle Nachtigal was a strong and Referee, Judge Pro Tem Gayle, there is a sense of humor that can’t effective presiding judge. She has always help but come out, and a kindness that been a trusted colleague and became a udge Gayle Nachtigal has cast a lasting shines through in her actions. Even after dear friend as well. We miss her but wish Jimpression on me, both as a lawyer and retirement, she continues to volunteer her a long and enjoyable retirement. She as a judge. She was the presiding judge her time to work on a court reengineering deserves it. when I first arrived in Washington County as a young female attorney. It was very effort. She is a role model for judges in Suzanne Upton, important for me to see a woman on her public service, and in combining her Washington County Circuit Court Judge family life and professional life in a truly the bench. She managed her courtroom balanced way. It has been a privilege to hen I was a young lawyer, Judge in a way that was consistent, organized, appear in her courtroom, and to serve WNachtigal was an imposing figure and clear. I saw a distinct professional with her as a judge. on the bench. As time went on, I began who was knowledgeable and efficient. to expect and appreciate her consistency, I will also always remember, warmly, my Kirsten E. Thompson, Presiding Judge, preparedness, and control of her court- last jury trial as a lawyer—it was before Washington County Circuit Court room. You could rely upon her to treat Judge Nachtigal. ayle Nachtigal was the first woman to your clients in similar situations the same, As a new judge, like many before me, Gserve as presiding judge in Washing- and never in an arbitrary manner. She I found Gayle to be very dynamic and ton County. She brought her considerable prepared for her docket, was a master of at times extremely hilarious. Always talents and energy to the position at a OJIN (just ask any defendant who couldn’t willing to take your call, Gayle was time when the county was experiencing or wouldn’t accurately disclose their there—whether the question was simple exponential growth and all of the issues criminal history), and ran her courtroom or complex. She constantly proved to that come from a rapidly expanding smoothly and efficiently. As a hearings be generous with her time and energy. population. She became instrumental referee, I have found myself appreciating I want to extend a big “Thank-you” to in developing policies and procedures those traits from a new perspective, and Judge Nachtigal for being that indispens- necessary to address the increasing it has given me a new level of respect able guiding presence. I will miss you, caseload and still maintain a functioning for Judge Nachtigal. She has never shied and Washington County will miss you. court. Gayle’s ongoing commitment to away from taking a leadership role, both Janelle Factora Wipper, collaboration with others in the justice within and without the courthouse. She Washington County Circuit Court Judge system resulted in a number of innova- tions, including the early case resolution program. Most recently she has been a catalyst for the current reengineering project in the Washington County Court. Gayle has always been generous with her time, sharing her legal knowledge and experience with her colleagues and WINNING specifically this judge. When I was elected, Gayle went out of her way to answer my numerous new-judge questions. She also provided very practical advice, including the suggestion that I make sure I had a Markowitz decent bathrobe handy when officers came to my house in the middle of the night to request the review of a search warrant. Over her judicial career, Gayle’s dedication and commitment to the rule of law is a standard we in the legal com- INTEGRITY munity should all aspire to emulate. Rita Batz Cobb, Washington County Circuit Court Judge

hen Gayle Nachtigal joined the Wbench in 1991, I was young lawyer in the DA’s office. I admired her from the start and was pleased we had gained our second female judge. I enjoyed trying Business Litigation at a Higher Level cases in her court and always found her to be strong and principled. Portland • 503.295.3085 • mhgm.com

OREGON WOMEN LAWYERS AdvanceSheet 11 WINTER 2014 Meet Sixth District Circuit Court Judge Eva Temple By Denise Case ome may say that Judge Eva Temple tor. She was named partner in 2002, a When she is was destined to become a judge, position she retained until she relocated not in court, Seven if she had other plans. to Hermiston in 2008, when she joined you may find Graduating from Pendleton High Anderson Hansell & Temple as a share- Judge Temple School with dreams of being an architect, holder. She remained there until January engaging in she went to Carnegie Mellon University 2011, when she was appointed by former activities typi- in Pittsburgh. There the college freshman Governor Ted Kulongoski as a judge in cal to a work- realized that she was a “people person” the Sixth Judicial District, comprising ing mother of not meant to be tethered to a drafting Umatilla and Morrow Counties. She was two: cleaning, table. So she came back to Oregon, where the second female judge in District Six. doing laun- she worked at Timberline Lodge and lived During her entire legal career, Judge dry, shopping, for a year as a self-proclaimed “ski bum” Temple has been an active member of and traveling Judge Eva Temple before returning to her college studies Oregon Women Lawyers, including her between re- at the University of Oregon, focusing on current participation on the OWLS mem- citals, classes, and games. Judge Temple psychology and international studies. bership committee. In fact, when asked freely admits that she doesn’t handle While an undergraduate, Judge Temple how she reached her current position, her domestic life alone, giving all due credit found herself the beneficiary of efforts by immediate response was, “It’s because of to her “amazing” husband, Patrick, who the University of Oregon School of Law OWLS.” More specifically, Judge Temple also works full-time but manages to share to enroll more female students; she was attributes her success in the judicial ap- equally in household duties. invited to a recruiting lunch, an opportu- pointment process to things she learned Judge Temple’s advice to young female nity that few starving students would pass and people she met while serving on an lawyers is loud and clear: “Join OWLS!” up. By the end of that lunch, her path was OWLS committee. Through OWLS, she notes, young at- set: she would attend law school, joining Another invaluable experience oc- torneys can meet other attorneys, form the 1993–1994 1L class, the first in history curred early in her career, when Judge communities, establish mentors, and to contain more women than men. (See Jeffrey Wallace took her aside and en- participate in a multitude of commit- www.catalyst.org, “Women in the Law couraged her to pursue a career on the tees and panels. Merely joining OWLS, in the U.S.,” May 2010 (citing American bench. He told her, however, that “he however, is not sufficient: “Even if you Bar Association, “First Year and Total loved his job, so [Judge Temple] couldn’t feel overwhelmed as a new lawyer, you J.D. Enrollment by Gender 1947–2010”).) have it—yet.” She was appointed to his need to make time to make connections She did not, however, intend to prac- position when he retired. with other women lawyers who can be tice law. Instead, she wanted to work for As a result of that early conversation, your mentors.” the State Department as a Foreign Service Judge Temple pursued opportunities to Judge Temple also implores those sea- officer, an interest cultivated while study- act as a pro-tem judge, which greatly pre- soned in the practice of law to “go out of ing in Germany as an undergraduate and pared her for the day-to-day pace of life our way to meet new women lawyers,” in Cape Town, South Africa, during law on the circuit court, where daily activities since “one conversation can make a huge school. She therefore set out to join the include criminal trials, traffic cases, civil difference in a young lawyer’s career.” Peace Corps. But the physical assessment litigation, and Judge Temple’s favorite, It was, after all, through the advice and revealed a congenital heart defect requir- matters in the Hermiston Drug Court. encouragement of mentors like retired ing surgery and leaving her stateside. In the drug court, Judge Temple feels Judge Wallace, U.S. District Court Judges Fortunately, Judge Temple had already that she is able to “make a tangible and Ann Aiken and Anna Brown, Federal passed the Oregon bar exam, so after positive difference in people’s lives,” and Magistrate Patricia Sullivan, and attor- she recuperated, she took a job with she enjoys seeing people move toward neys Sally Anderson-Hansell and Leslie Intermountain Public Defender, Inc., in living healthier lifestyles. She also sees the Harris that Judge Temple made her way Pendleton, where she practiced until potential that treatment courts have to to the bench. 2001, at which point she joined the firm positively intervene in the lives of people Denise Case is of counsel at Radler White Mautz Baum & O’Hanlon as a civil litiga- who are mentally ill. Parks & Alexander in Portland.

Sonya Fischer, CWLS Offers Engaging Events Ericka Langone, By Sonya Fischer Talia Stoessel lackamas Women Lawyers (CWLS) for professionals in our community to topped off an amazing year of gather and get to know one another Ccamaraderie, connectedness, and outside the office or the courtroom. fun at its holiday party on December 7 The new CWLS board includes Ericka at the home of Judge Katherine Weber. Langone as president, Jenn Dalglish About 30 people gathered for the event, as vice president, and Talia Stoessel as author Jennie Shortridge and her novel and we simply shared stories about our treasurer. CWLS will host its fifth an- Love Water Memory. In 2014, CWLS also lives, professions, and families. One of the nual “Evening with an Author” event plans to host a wine tour in April, several wonderful aspects of being a member of on February 20 at 5:30 p.m. at the Lake roundtable discussions, three CLEs, and CWLS is all the opportunities it provides Oswego Country Club, featuring local a holiday party.

OREGON WOMEN LAWYERS AdvanceSheet 12 WINTER 2014 OWLS Foundation Awards 2013 Bar Exam Grant By Jill E. Brittle he Oregon Women Lawyers week), serving as a managing editor the bar exam Foundation awarded its 2013 Bar for the Environmental Law Review and until she could TExam Grant to Lewis & Clark Law working at the circulation desk at the afford the ap- School student Heather Murray (class of Boley Law Library and as a certified law plication fee 2014). The grant is awarded annually to student in the Multnomah County DA’s and course a law student who is a single custodial Office. She studies as her busy schedule costs. The parent, and the funds are meant to assist allows, sometimes while attending her OWLS Foun- the recipient in paying for and preparing daughter’s cheerleading and robotics dation grant for the Oregon bar exam. tournaments. has alleviated Heather’s path to graduation dem- In May 2013, the father of Heather’s some of those onstrates the dedication to service and children passed away after a battle fears, and she the drive that OWLS Foundation board with cancer, just a few weeks before his plans to take Heather Murray members hope to encourage in other daughter graduated from high school. the bar exam this summer. women entering the legal field. With a The life insurance policy meant to provide “Please let the OWLS members know bachelor’s degree in ministry and lead- for the girls in his absence had lapsed. that this grant is a lifeline,” Heather ership from Multnomah University and The monthly support used to pay the writes. The chance to take the bar exam Seminary, Heather’s work before and mortgage and utilities was gone. With on time means that she will be closer to during law school has been assisting the resources tighter than ever, Heather her goal of continuing to combine her disadvantaged. She has worked with began cutting expenses: no annual park- legal knowledge with her passion for people who have completed GEDs and ing pass at school, conserve resources at service to others. The OWLS Foundation drug and alcohol programs, and found home, and no textbooks. She studied congratulates Heather Murray and wishes housing or jobs through the community using borrowed books from the library her the best. We look forward to her court programs. and worried about spending $100 for a joining the Oregon State Bar in 2014! The custodial parent of two teenage book needed for an open-book exam. daughters, Heather has worked full-time Given her tight finances, Heather wor- Jill E. Brittle, an OWLS Foundation board during law school (up to 76 hours per ried that she would have to delay taking member, practices law at Brittle & Brittle.

Law Offices of WILLIAMS O’LEARY, LLC 1500 SW First Ave, Ste 890 WILLIAMS LOVE O’LEARY & POWERS, P.C. Portland, OR 97201 Ph: (503) 295-2924 is changing! Fx: (503) 295-3720 [email protected] [email protected] Mike Williams, Linda Love, Leslie O’Leary, and Tom Powers, partners in Williams Love O’Leary & Powers, P.C., Beaverton, Oregon, announce the following new developments: LINDA LOVE, Mike Williams and Leslie O’Leary will continue practicing as Williams O’Leary, LLC, ATTORNEY AT LAW, LLC and will continue to represent plaintiffs injured by defective drugs, medical devices, 1 1000 SW Broadway, Ste 2400 other dangerous products, and medical negligence, as well as to handle consumer class Portland, OR 97205 actions against insurance companies and other financial institutions for unfair dealing. Ph: (503) 241-4180 Linda Love will practice as Linda Love, Attorney at Law, LLC. She will continue to Fx: (503) 241-2249 2 represent injured consumers, and to resolve and litigate civil and administrative [email protected] disputes. Also, Linda will serve as a patient advocate for those who have suffered physical injuries as a result of medical treatment, “adverse health care incidents,” which can be reported and resolved under the new Oregon law starting July 2014. THOMAS B. POWERS, ATTORNEY AT LAW, LLC Tom Powers will continue his practice as Thomas Powers, Attorney at Law, LLC, 401 NE 1st St, Ste F in eastern Oregon. Tom will continue to handle personal injury, products liability, 3 Enterprise, OR 97828 and wrongful death cases, as well as representing clients in criminal defense matters, Ph: (541) 426-4411 commercial litigation, nursing home negligence, and elder abuse cases. [email protected] The firm’s associate, Steve Seal, has accepted a position as associate with the 4 Berkshire Ginsberg firm in Portland. We wish Steve the best. STEVE SEAL, BERKSHIRE GINSBERG, LLC 1216 SE Belmont St While Mike, Linda, Leslie, and Tom are reorganizing and separating their practices, they Portland, OR 97214 continue to have the highest personal and professional regard for each other and they continue to work together as friends on several cases. Both Linda and Tom will be working Ph: (503) 233-6507 with Williams O’Leary as of counsel while they finish up a few remaining jointly shared cases. Fx: (503) 233-6874 Mike and Linda continue their 13 year old marital relationship. [email protected]

OREGON WOMEN LAWYERS AdvanceSheet 13 WINTER 2014 OWLS Fall CLE continued from page 1 are confidential, survivor-focused, and labor is truly a hidden crime, in which Kendra Matthews, and committee mem- involve referrals to treatment facilities, the victims are held in “darkness,” afraid bers Jacqueline Alarcon, Eryn Hoerster, hospitals, shelters, and the like. In addi- to speak up due to their fear of deporta- Kristina Holm, Teresa Jacobs, Sara Kobak, tion, SARC works collaboratively with law tion. Killmer told attendees about ICS’s Teresa Statler, and OWLS Executive Direc- enforcement and provides long-term case work in helping victims obtain special tor Linda Tomassi. OWLS thanks Naegeli management for young victims “across “T” or “U” visas under the immigration Deposition and Trial for its videotaping the system,” according to Sinha. laws, which permit certain crime victims sponsorship of the CLE. The panel’s last speaker was im- to legalize their immigration status. He Teresa Statler has a solo immigration law migrant advocate Christopher Killmer also invited attorneys who wish to do pro practice in Portland. of Portland’s Immigration Counseling bono work for ICS for immigrant victims Service (ICS). ICS’s mission is to provide of trafficking to contact him. high-quality legal services to immigrants The OWLS Fall CLE was eye-opening who cannot afford attorneys. In 2012, and raised attendees’ consciousness on ICS started a comprehensive program these important international and local to provide legal and social services to issues involving women. Following the immigrant victims of human trafficking. CLE, OWLS’ annual Fall Reception was Killmer told the audience that when held. OWLS thanks the Fall CLE com-

considering immigrants and trafficking, mittee: co-chairs Kathi Rastetter and Photo by Diana Dettwyler @ Parker Logan Media it is important to realize that a big part of the issue concerns labor trafficking. Often, immigrant women are trafficked into the United States for sexual purposes, but then later are turned over to shadowy At the OWLS Fall CLE, from left: Top: individuals and organizations (“recruit- Serena Morones, ers”) who put them to work in restau- Sheryl WuDunn. rants, agriculture, factories, assisted living Bottom: J.R. Ujifusa, facilities, and construction. Killmer said Christopher Killmer, the trafficking of immigrants for their Lena Sinha.

New Format for OWLS Roberts-Deiz Award Recipients continued from page 5 “Dr. Kaufman is an inspiration to students dedication continues as those students Foundation Auction and community members. She is not only attend law school. For example, when he Oregon Women Lawyers a mentor, but she is a true educator; she one of the ETL graduates became the Foundation is pleased to an- cares for her students beyond the college only African American student in her law Tnounce that we will be “working campus and makes it a priority to engage school class, Lissa helped sponsor her at- smarter, not harder” to raise funds for them in a way they value and respect.” tendance at the annual convention of the our Vernellia R. Randall Bar Exam Grant, In addition to serving undergraduate National Black Law Students Association. our Armonica Law Student Grant, and students, Lissa mentors law clerks at While improving access to justice and our endowment through our annual Student Legal Services. Her advice and access to careers in justice in minority auction. This year you can plan to have guidance runs the gamut from managing communities in Oregon, Lissa Kaufman an amazing time at the OWLS Roberts- cases to managing student loan debt, also inspires and motivates experienced Deiz Awards Dinner while you enjoy a always focusing on giving the law clerk attorneys firmly within the establish- new OWLS Foundation Auction format, the best experience to enhance his or her ment. One of her co-committee members which will include the following: career. Lissa ensures that the clerks under described her influence on practicing • Two raffles to give away one-of- her supervision get direct experience in attorneys: “She reminds us lawyers of a-kind experiences, such as travel, the courtroom, direct experience with our professional responsibility to lift and sports, and VIP treatment, client meetings, and direct experience encourage the future leaders of com- • One live-auction item you won’t networking with professionals. munities of color. She impresses upon want to miss, and Lissa institutionalized her passion for students that the law is worthy, and more • Only five auction baskets of inclusive expanding the pathways for underserved importantly, accessible, and that lawyers unique and amazing packages. populations by developing the Explor- are approachable and human and not Raffle tickets are limited and will be ing the Law program at PSU. Exploring that scary and maybe even a little fun.” available at the event as well as for the Law (ETL) is a pipeline program for Oregon Women Lawyers is honored to pre-sale when you purchase your din- students to learn about, prepare for, and present the Justice Mercedes Deiz Award ner tickets. We hope you enjoy our new pursue careers in law through a partner- to Lissa Kaufman for her outstanding platform, keeping in mind that raising ship between PSU, the Oregon State work promoting minorities in the law money for the Foundation’s grants and Bar, and the Multnomah Bar Association and the community. endowment are at the forefront of this (MBA). Lissa currently serves on the MBA enhanced auction experience. To pur- Board of Directors. Lee Ann Donaldson is an attorney at chase raffle tickets, go to the events tab ETL hosts about five students each the Law Offices of Charles Robinowitz at www.oregonwomenlawyers.org. term, and Lissa mentors each one. Her in Portland.

OREGON WOMEN LAWYERS AdvanceSheet 14 WINTER 2014 Contract Attorneys: Managing Expectations and Getting Paid By Josephine Ko orking as a contract attorney tors like for whom they will be working for individu- raises unique issues in the and the hiring party’s ability to pay, the als who hold Wpractice of law. Since contract nature of the project, the rates they have themselves attorneys lack traditional attorney-client charged in the past, and the current rates out as attor- relationships with clients, it becomes criti- in the local legal market. Rates will also neys in the cally important to define the relationship vary depending on whether the project private prac- between the contract attorney and the will be billed hourly, under a blended tice of law. hiring attorney or law firm. Contract at- formula, as a flat fee, or according to a However, torneys and hiring attorneys must take contingency arrangement. contract at- care to define the scope of the project Once a project has been negoti- torneys who and the access to the client and confi- ated, contract attorneys should consider market them- dential documents. Contract attorneys whether to formalize the arrangement in selves only Lisa Brown must also determine a marketable billing a written agreement. Some contract at- to other at- rate for themselves and assess when PLF torneys work on a handshake or an email torneys for contract work may fall under coverage is required. exchange. While a handshake might be the exemption for supervised attorneys. The OWLS leadership committee de- sufficient for a small project, the panel Contract attorneys without PLF cover- signed a program to address issues facing noted that the better business practice age must be supervised by an attorney contract attorneys and those who hire is to use written agreements, especially with PLF coverage and also follow other them. On November 19, OWLS presented on projects involving a lot of hours or restrictions. the program, entitled “Contract Attor- spanning a long period of time. The panel answered questions from neys: Managing Expectations and Getting When preparing a written agreement, the audience and offered valuable advice Paid.” Panel members included Lisa C. contract attorneys should consider includ- based on their many years of experience Brown of Bullard Law, Emilee Preble of ing language that sets the expectations as contract attorneys. Attendees left with the Oregon State Bar Professional Liabil- for everyone. The panel suggested set- useful materials for contract attorneys, ity Fund (PLF), and Jim Vogele of Vogele ting forth a description of the project, including a checklist, forms, and informa- & Christiansen. Contract attorney Andrew the number of hours anticipated, the tive articles, most of which are available Grade moderated the panel. Attendees applicable state law, the party who will on the PLF website. filled a large conference room in Portland pay for PLF coverage, the location where The presentation was recorded on provided by Stoel Rives. the work will be performed, the role of video by the PLF. Details for online access Panel members discussed factors to the contract attorney as an independent will be available later. The program has consider when deciding what rate to contractor, and invoicing and payment been approved for two hours of Oregon charge, noting the rates they had earned procedures. Contract attorneys should up- Practice Skills MCLE credit. on different projects over the years. There date the agreements as their roles evolve. Josephine Ko is an experienced business is no one rate that will apply universally to Contract attorneys should also pay and employment attorney who is licensed every project or to all contract attorneys. careful attention to PLF coverage require- to practice law in Oregon and California. Contract attorneys should consider fac- ments. Generally, PLF coverage is required Her blog at www.employitright.com. In Memoriam—Barbara H. Fredericks MLLS Presents Panel on Networking e were saddened to learn that n October 24, the Mary Leonard Law Society (MLLS), in partnership with Wlongtime OWLS member Barbara Willamette University College of Law, presented a panel discussion on tips Fredericks of Beaverton died in October. Oand strategies that women can use to network and market effectively. Panel Born and raised in the Chicago area, she members were Martha Pagel, shareholder and leader of the environmental, energy, graduated in 1973 from DePaul Univer- and natural resources practice group at Schwabe, Williamson & Wyatt; Debra Ringold, sity College of Law and then worked as dean and JELD-WEN professor of free enterprise at the Atkinson Graduate School of a trial attorney in Chicago and Boston. Management at Willamette University; Vanessa A. Nordyke, assistant attorney gen- She and her husband, Jim Jandacek, eral in the Trial Division at the Oregon Department of Justice (DOJ); and Stephanie and their son Paul moved to Portland in Palmblad, associate attorney with Collier Law. The panelists agreed that networking 1991, and she was admitted to practice is important and that developing a reputation for excellence is essential. in Oregon in 1995. Barbara devoted countless volunteer hours to civic education, holding many leadership positions in the League of Women Voters. She chaired its studies of the Oregon judiciary and was a staunch public advocate for judicial indepen- dence. In addition to the legacy left by her work on behalf of Oregon’s citizenry, she will be remembered and treasured by her friends for her good humor, kindness, From left: Vanessa Nordyke, Debra Ringold, Martha Pagel, Stephanie Palmblad and cheerful presence.

OREGON WOMEN LAWYERS AdvanceSheet 15 WINTER 2014 Oregon Women Lawyers PRSRT STD PO Box 40393 U.S. POSTAGE Portland, OR 97240 PAID PORTLAND, OR PERMIT #2346

Winter 2014 Printed on recycled paper

Thank You Our thanks to members who renewed or joined OWLS at an enhanced level

$500 $150 Hon. Jodie Mooney Sally Anderson-Hansell Gwyneth McAlpine Kathleen Hansa Rastetter Diane Babbitt Debbie Menashe Paula Barran Linda Meng $350 to $499 Alice Bartelt Cynthia Mohiuddin Stacie Beckerman Molly Jo Mullen Hon. Frances Burge Adrian Brown Marsha Naegeli Carmen Calzacorta Jennifer Brown Allie O’Connor Ann Chapman Megan Burgess Judith Parker Angela Franco Lucero Cathleen Callahan Diane Polscer Hon. Jill Tanner Rond Chananudech Sheila Potter Christine Coers-Mitchell Kathy Proctor $200 Jenny Cooke Kathleen Profitt Martha Beaves Loree Devery Julene Quinn Hon. Allison Boomer Christy Doornink Elizabeth Schwartz Laura Craska Cooper Mary Dougherty Sarah Silberger Sarah Crooks Laura Dyer Lynetta St. Clair Hon. Mary Deits Jaimie Fender Catherine Susman Lori E. Deveny Susan Ford Kaori Tanabe Linda Eyerman Hon. Julie Frantz Laura Caldera Taylor Dana Forman Shannon Hall Catherine Alley Teach Sara Gabin Jet Harris Hon. Katherine Tennyson Stephanie Harper Judy Henry Hon. Kirsten Thompson Kendra Matthews Lindsey Hughes Stephanie Vardavas Jennifer Nicholls Gina Anne Johnnie Linda Vega Colleen Spidal Melanie Kebler Hon. Nan Waller Candice Wilson Stayer Tabith Koh Inge Wells Gloria Trainor Joan Krey Kate Wilkinson Heather Weigler Hon. Marilyn Litzenberger Beth Wolfsong Mary Winters Katharine Lozano Deanna Wray

OREGON WOMEN LAWYERS AdvanceSheet 16 WINTER 2014