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Montana State Bar of Montana LawyerSeptember 2015 | Vol. 40, No. 10 Working for Justice Neill wins Karla M. Gray Equal Justice Award Wandler wins Neil Haight Pro Bono Award Also in this edition: > Special health care provisions for Indians in Obamacare need protection > Tribute to 20 Lawyers with 50 Years Practice > What you need to know about new reporting in the Montana Bar requirements for Affordable Care Act > Life-changing legislation for disabled people 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 September 2015 President Mark D. Parker, Billings President-Elect Matthew Thiel, Missoula Feature Stories Secretary-Treasurer Neil Haight Pro Bono Award: Professor Hillary Wandler ............. 10 Bruce M. Spencer, Helena Immediate Past President Karla M. Gray Equal Justice Award: Hon. Kenneth R. Neill .......... 12 Randall Snyder, Bigfork Class of Distinction: 50-Year Pin Winners ......................................... 14 Chair of the Board Leslie Halligan, Missoula ‘Obamacare’ provisions for Indians Need Protection .................. 18 Board of Trustees ACA Reporting Rules: What You Need to Know ............................. 20 Marybeth Sampsel, Kalispell Elizabeth Brennan, Missoula Liesel Shoquist, Missoula Montana’s Area Agencies on Aging ................................................... 21 Tammy Wyatt-Shaw, Missoula Ellen Donohue, Anaconda Meeting Your Duty to Communicat ................................................... 22 Jason Holden, Great Falls Shari Gianarelli, Conrad Life-Changing Legislation for People with Disabilities ................ 23 Kent Sipe, Roundup Luke Berger, Helena Kate Ellis, Helena J. Stuart Segrest, Helena Regular Features Jane Mersen, Bozeman Lynda White, Bozeman Member News ...............................................................................................3 Juli Pierce, Billings Ross McLinden, Billings State Bar News ...............................................................................................6 Eric Nord, Billings CLE .....................................................................................................................8 ABA Delegates Court orders ...................................................................................................9 Damon L. Gannett, Billings Shane Vannatta, Missoula Obituaries ..................................................................................................... 28 Montana Lawyer Staff Job Postings/Classifieds .......................................................................... 30 Publisher | Christopher L. Manos Editor | Joe Menden (406) 447-2200; fax: 442-7763 e-mail: [email protected] Subscriptions are a benefit of State Bar membership. Advertising rates are available upon request. Statements and expressions of opinion appearing herein are those of the 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 September 2015 President’s Message | President Mark D. Parker It’s a wrap on bar president’s term It’s a wrap. Time to roll the credits – which restraints on the punches we can throw. usually empties the theater. Time to thank Legal services for the vast middle economic everyone – which bores the audience to death layer of Americans is going to be delivered, until they strike up the band. Time to reflect and is being delivered, electronically without and pontificate as if I am the only one who has regard to a wide variety of Rules of Professional ever served as president of the State Bar, and the Conduct limiting fee sharing with non-lawyers, only one to make global, sweeping and stunning confidentiality, proper licensing in the venue, observations. Those of you who have become checking for conflicts, etc. Given the market barn sour listening to those who have elbowed forces; the lack of money and political will to their way on stage, or in print, and abused the fight it; and quite possibly FTC protection, it privilege of being granted a few words, I can cannot be stopped. It is going to arrive as UBER, make only a single promise – you ain’t seen Google, or Apple – “In Without Knockin.’” nothing yet. Here I go. I will be quick. “Montana is 3. Montanans have no natural punching way 1. Thank You enemies, so the State Bar As every President before me, I am grateful is a good place to get involved above its weight to my family, professional colleagues, the State on the national Bar staff and fellow officers and trustees for their In law school at the University of San Diego, support. I cannot name them all. there were a good deal of odd factions. The East scene. ... Find However, a few incidental thank yous are Coast vs. the West Coast; Northern California v. a way to get in order. First, to Bill Lamdin. Throughout this Southern California; even Southern California had a discernable schism between the San Diego involved if year, Bill has made a point to thank ME for my Bar service, as have many others. I know students and Los Angeles students. Some reli- you have any he is sincere, because when he has in the past gious groups would subdivide between degrees of orthodoxy. These petty factions still exist, I inclination been not so thankful about my behavior, he has sincerely let me know that also. Thanks, Bob regret to say. Montanans are like the dingo dog, whatsoever.” Carlson, for setting it up so I could meet ABA we have no natural enemies. Thus, the food President Paulette Brown and persuade her to chain is easier to climb. Mark D. Parker is the come to the State Bar Convention. Thanks to Montana is punching way above its weight outgoing president of Paulette Brown for agreeing to come. on the national scene. Jock Schulte is on the the State Bar of Montana. Mostly, thanks to the State Bar members for American Bar Association Board of Governors. He has practiced in paying their dues so I could do my work with- Bob Carlson is, as we know, ascending in Billings for 34 years, out digging too deeply into my pocket. the ranks of the ABA. Greg Murphy is the the last 28 in a firm he chair elect of the Council of Section of Legal founded, Parker, Heitz & 2. What I learned, and need to pass on Education and Admissions to the Bar of the American Bar Association. Amy Sings in the Cosgrove. He will pass The challenges facing the legal profession are Timber has been recently appointed to the the gavel as bar coming from every direction, and we will meet Executive Director’s position at the Chicago Bar president to Matt Thiel at them all, but not without reflection, change Foundation. Judge Sid Thomas is now the Chief and hard work. In the legislative session we the Annual Meeting Judge of the Ninth Circuit. Find a way to get had only a handful of complaints about our in Missoula Sept. 9-11 involved if you have any inclination whatsoever. lobbying efforts, equally divided from what we The invitation to get involved is extended traditionally consider as the right wing of the to the authors of the letters who criticized our political spectrum and the left wing. Although lobbying efforts and all those along the various a bit intemperate, they were sincere and worthy political axes. As the great Italian philosopher of digesting for next time. They all expressed Gene Jarussi once said about getting people real concern about the State Bar injecting itself involved, “it does not matter if they think like in any political matter. We had a bigger number me, it only matters that they think.” of members express frustration with our lack of Thanks again involvement on some legislative matters. What one quickly learns is that there are no legal — Mark D. Parker restraints on the punches we take, but many www.montanabar.org Page 3 Member and Montana News Warren joins Silverman Law Office in Helena While in law school Brooke was a member of multiple moot court teams and helped coach the university’s debate team part Silverman Law Office PLLC has announced that Kristina time. Nick knew he wanted to work in the criminal Warren has joined the firm as an associate attorney. Warren will defense arena and tailored his law school education practice in the areas of tax controversies, estate planning, busi- by completing a wide array of criminal law courses, ness law, real estate transactions, and liquor/gambling law. including white-collar crime, domestic violence, Warren graduated cum laude from Seattle advanced criminal procedure, and advanced University School of law in 2013 and earned constitutional law. He was also a member of the her master’s in tax law from the University of Federal Defenders Clinic during his third year. He Washington in 2014. During law school, she Brooke spent his first year in practice clerking for Montana worked as a student attorney at the University of Supreme Court Justice Michael Wheat. Washington Low Income Taxpayer Clinic and con- Brooke attended Carroll College, where he obtained a B.A. Warren tinues to represent clients as a volunteer attorney in international relations and political science, and minored in through the clinic. philosophy. While in college, he was president of the debate Warren has extensive business experience as a controller team, and he was selected as an intern for the Cato Institute, a of several companies, as well as being an entrepreneur herself. libertarian think tank in Washington, D.C. She is a member of the State Bars of Washington, Montana and North Dakota and is admitted to practice before the U.S. Tax Snedigar joins Billings law firm Court. She can be reached at 406-449-4829 or kristina@mt- taxlaw.com. Patten, Peterman, Bekkedahl & Green PLLC has announced that Daniel L. Snedigar has joined the Brooke joins Smith & Stephens in Missoula firm. Snedigar grew up in Billings and graduated Smith & Stephens, PC. Law Offices in Missoula, announces from Billings Senior High School in 1994. He re- that Nicholas Brooke has joined the firm as a new associate.

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