January 2016 Lawyers associated for justice, service, professionalism, Multnomah education and leadership for our members and our community January 2016 Volume 62, Number 1 Est. 1906 Lawyer

“I am a member of the MBA because I get to I am a be involved with other attorneys who share my values.” Rima Ghandour, MBA Board member. mba CLE To register for a CLE, please see “The MBA forms community, Member of p.4 or go to www.mbabar.org and which inspires collegiality, log in as a member to register at which leads to civility, which the member rate. the MBA promotes service to our clients and legal community, all of which honors Because.... our profession.” Marshal Spector, MBA Board JANUARY member. by Bob Steringer 1.20 Wednesday “I am a member of the MBA because it has given MBA President Criminal Practice in me the opportunity to form lasting relationships Multnomah County with lawyers and give back to the profession.” Judge Ed Jones Amber Hollister, MBA Board member. Judge Eric Bergstrom One of my New Year’s resolutions for 2016 is to be more direct “I am a member of the Judge Christopher Marshall with people, so here goes: Please renew your membership in the MBA because it helps me Judge Maureen McKnight Multnomah Bar Association, if you have not done so already. It’s meet many wonderful people outside of the Traci Anderson important. With the help of some of my friends from the MBA Board litigation context, which in turn fosters a sense Michael Botthof of Directors, I will tell you why that is so. of community and professionalism when in Brian Davidson litigation.” Eric Dahlin, MBA Board Secretary. Bryan Francesconi Raising the Bar Jacob Houze The MBA is an essential tool for building a local legal community “I am a member of the Brad Kalbaugh that reflects our ideals of professionalism, access to justice and MBA because membership and involvement has inclusivity. It is through the MBA that we express those ideals as both connected me with lawyers in the community that 1.21 Thursday individual and collective responsibilities - as the cultural norms of I would not have otherwise crossed paths with.” What Family-Law Trial Lawyers our community. Four documents serve as our foundation: Lissa Kaufman, MBA Board member. Should Know About the Appellate Process • The MBA Bylaws, which express our Mission Statement as: Professional Development Judge Rebecca Duncan “Lawyers associated for Justice, Service, Professionalism, MBA programming helps members build their skills in both the Laura Graser Education and Leadership for our members and our community,” business and the art of law practice. It begins with the Young Lawyers and identifies the organization’s purpose as: “To further the 1.28 Thursday Section, which introduces our newest colleagues to the profession administration of justice, and to serve the public, and to maintain Direct Negotiation Strategies through practical continuing legal education programs, business the dignity and honor of the legal profession.” and Techniques development networking and opportunities to serve the community. Lori Deveny • The MBA Commitment to Professionalism, which for more Members of all experience levels benefit from outstanding continuing Chris Kent than 10 years has articulated our commitment to integrity, legal education seminars, often offered in two-hour blocks to fit our Jenna Mooney independence, honesty, civility, respect, fairness, diversity and busy lives and featuring practical wisdom from experts in their fields. inclusion. To help grow our businesses, the MBA sponsors social networking FEBRUARY • The MBA Statement of Diversity Principles, in which we commit events and seminars on the nuts and bolts of the law business, such as to fostering diversity in our profession because all members of the our program for solo and small-firm attorneys. 2.2 Tuesday bar should have the opportunity to participate equally and fully “As an MBA member, I have had the opportunity The Top 10 Labor and in our profession, and because we are better equipped to solve the to meet local colleagues who practice in many Employment Updates for 2016 problems of our clients when we achieve that goal. different areas and on ‘both sides of the v.’ Judge John Acosta Andrew Altschul • The MBA Pro Bono Pledge, in which lawyers and law firms pledge Regardless of their practice area, I have found my Damien Munsinger to serve the needs of persons with limited needs through direct fellow members to share a desire to improve how Kathy Short service and by providing financial support to organizations like those of us practicing in Multnomah County the Campaign for Equal Justice that support or provide legal provide legal services to our clients and to the 2.10 Wednesday services for persons of limited means. community at large. Through my relationships with fellow MBA Top 10 Electronic Discovery Tips members I have also been able to develop a strong referral network, Tom Howe The MBA serves to articulate these principles, promote their which has a direct benefit on my own practice.” Dana Sullivan, MBA 2.17 Wednesday recognition in our daily professional lives and celebrate their Immediate Past President. achievement when reached. Mary Jane at Work: “I first joined the MBA to help my career. I belong Employment Law Implications “I am a member of the MBA because it is a way I to the MBA because I have made friends there I of Marijuana Use can further my commitment to professionalism will have for the rest of my life.” Todd Cleek, MBA Ben Eder - by participating actively in the MBA, we help Board member. Matthew Ellis build a community of lawyers who treat each other Alex Wheatley fairly and with respect, thus furthering our ability to ensure access to justice for all segments of our Continued on page 2 2.24 Wednesday society.” Akira Heshiki, MBA Board Treasurer. Medical Record Discovery Issues in the Motor Vehicle Case Angela Franco Lucero Save the Date! Jason Posner Multnomah Bar Association PRSRT STD 620 SW Fifth AVE., Suite 1220 In This Issue U.S. POSTAGE MBA 14th Annual Portland, Oregon 97204 Calendar ������������������������������������������ 2 PAID WinterSmash CLE Schedule...... 3 Announcements ������������������������������� 6 PORTLAND, OR A Family Friendly Bowling Event Ethics Focus ������������������������������������� 7 PERMIT NO. 00082 Around the Bar ��������������������������������� 8 Saturday, February 6 News From the Courthouse ��������������10 5-8 p.m. Tips from the Bench ������������������������10 MBF Letters of Inquiry Due ��������������� 11 NEW AMF Pro 300 Lanes Multnomah Cty. Justice Reinvestment ���11 3031 SE Powell Blvd YLS �������������������������������������������������12 LOCATION! The Corner Office �����������������������������15 Classifieds ��������������������������������������16 See insert and p. 2 for details. Pro Bono Volunteers ������������������������18

Multnomah Bar Association A Multnomah CourtCare 620 SW 5th Ave Suite 1220 Fundraiser Portland, Oregon 97204 503.222.3275 Fax 503.243.1881 www.mbabar.org

1 Multnomah Lawyer MBA Board of WinterSmash Benefits Directors Calendar President Multnomah CourtCare C. Robert Steringer To add your organization or firm’s annual events to the MBA online A Family Friendly and the satisfaction of knowing calendar, contact Carol Hawkins, [email protected]. Treasurer Bowling Event you’re supporting CourtCare. Akira Heshiki Saturday, February 6 Prizes will be awarded for the JANUARY 10 Wednesday Secretary 5-8 p.m. highest and lowest individual March Multnomah Lawyer deadline Eric L. Dahlin Note New Location: scores, the group with the most 1 Friday Past President AMF Pro 300 Lanes participants in attendance and New Year Holiday 15 Monday Dana L. Sullivan 3031 SE Powell Blvd the group with the best bowling Presidents Day Holiday shirt. In addition, a trophy will 8 Friday Directors The 14th Annual WinterSmash be presented to the group with February Multnomah Lawyer 19 Friday is slated for Saturday, February the highest team score. Raffle deadline J. Mackenzie Hogan OHBA Annual Awards Dinner 6 from 5-8 p.m. at AMF Pro 300 tickets will be for sale. The event YLS President www.oregonhispanicbar.org promises to be a good time; don’t 13 Wednesday C. Lane Borg Lanes (3031 SE Powell Blvd in Portland). We are excited about miss this opportunity! Register YLS Drop-in Social at Ecliptic W. Todd Cleek 26 Friday the new location and earlier start via the insert in this issue or at Brewing CEJ 25th Anniversary Maya Crawford time this year. And, we are happy www.mbabar.org. See p. 12 Celebration Dinner Rima I. Ghandour to announce a new registration Thank you to the WinterSmash www.campaignforequaljustice.org Amber A. Hollister category: Pin Setter, $20 per 18 Monday sponsors. Lissa K. Kaufman person. If you want to cheer on Martin Luther King Jr. Holiday King Pin Sponsor Elizabeth C. Knight your team and enjoy pizza and drinks but you don’t want to 22 Friday MARCH Thomas C. Sand bowl, this one’s for you! MBF Letters of Inquiry due 10 Thursday Andrew M. Schpak Lanes will be available www.mbabar.org April Multnomah Lawyer Marshal P. Spector exclusively for MBA members deadline and their friends, colleagues Life of the Party Sponsors 2016 Pro Bono Award and families for an evening of Mike & Keri Bloom nominations due Executive Director 11 Friday Guy Walden fun and food. Bumper lanes Buchanan Angeli Altschul & www.mbabar.org OWLS Roberts-Deiz Awards will be available for children. Sullivan LLP Dinner Director, Events & Programs The event serves as the kickoff Gearing Rackner Engel & Kathy Modie www.oregonwomenlawyers.org of fundraising efforts for McGrath, LLP FEBRUARY Executive Assistant & Multnomah CourtCare. Stephen Houze - Attorney Communications Administrator CourtCare is a drop-in Markowitz Herbold 6 Saturday Carol Hawkins childcare program for families WinterSmash Member Services Administrator with no other childcare options, Really Fun Sponsors Ryan Mosier many of whom are struggling AKT CPAs Advisors Consultants with poverty, substance abuse Barran Liebman LLP Office & Foundation Administrator and/or violence. CourtCare is Bodyfelt Mount LLP Pamela Hubbs located in the downtown and Chernoff Vilhauer, LLP east county courthouses. Hart Wagner LLP I am a Member of the Membership Benefits Office Administrator CourtCare has served 80 to Paulson Coletti Trial Attorneys PC And finally, there is our Shannon West MBA Because.... 100 children each month since PLF Excess Program version of the tote bag you might receive as a benefit for MBF Board of Directors opening in December 2001. Wyse Kadish LLP Continued from page 1 These children are protected Yates Matthews Family Law PC membership in other worthy President from witnessing disturbing “I am a organizations. Many lawyers join Bonnie Richardson courtroom scenes involving Fun Sponsors member of the MBA to participate in the Vice President their families and do not disrupt Cosgrave Vergeer Kester LLP the MBA MBA group health insurance Amy L. Angel courthouse business. Instead, Davis Wright Tremaine LLP because plan. And as a member of the Secretary/Treasurer they receive attention from Farleigh Wada Witt I like to MBA, you receive the benefit Dana S. Scheele qualified care providers in a Folawn Alterman & Richardson connect of partnerships the MBA has Past President cheerful environment full of toys, LLP with other developed with business service Timothy R. Volpert art supplies and books. Trained Greene & Markley, P.C. lawyers who are engaged in providers to offer discounted our legal community.” Maya rates and useful resources to Directors caregivers offer a nurturing, safe Conrad G. Hutterli, Attorney at environment for children, as well Law Crawford, MBA Board member. lawyers. Our expanding list Hon. Cheryl A. Albrecht as information for parents on Miller Nash Graham & Dunn LLP of partners includes Bank “I am a of the Cascades (financial Tyler E. Anderson other community resources they NALS of Portland (Oregon) Schwabe, Williamson & Wyatt member services), The Bar Plan (court J. Matthew Donohue may need. So, come enjoy the company Smith Freed Eberhard because there bonds), LawPay (credit card Scott T. Downing of your colleagues, some good Summer Trainor PC is no better processing), Legal Northwest Susan D. Marmaduke food, play a game you know Tonkon Torp LLP way to meet (temporary and permanent Mary Jo N. Miller you love and support a good and build employees), AKT (MBA Health relationships Melvin Oden-Orr cause. Tickets are $40 for Contact Kathy Modie at the Plan administrator), NAEGELI with other lawyers in this Deposition and Trial (court Charles S. Tauman adults and $15 for kids 3-12 MBA at 503.222.3275 if you’d like years old. Price includes food, to add your name to the sponsor region.” Andrew Schpak, MBA reporting and trial services), drink, shoes, balls, lane time list or donate a raffle prize. Board member. Office Depot (office products and The MULTNOMAH LAWYER is solutions), Ruby Receptionists published 11 times per year by the “I am a (virtual receptionist service) Multnomah Bar Association, member of and UPS (shipping). We 620 SW Fifth Ave. Ste. 1220, the MBA are continually looking for Portland, OR 97204 because opportunities to partner with 503.222.3275 MBF Special Donors I believe companies that will provide Advertising is accepted; involvement benefits to our members. advertisers(ments) are not The MBA offers a special Keith Garza in the local necessarily endorsed by the MBA. The “thanks” to the following Adam Greenman legal community is essential Renew for 2016 editor reserves the right to reject any members for donating more Shellene Iverson advertisement. to becoming a better attorney.” If you have not already renewed than the suggested check-off Susan Jewell Mackenzie Hogan, MBA Young your MBA membership, now is DEADLINE for copy: The 10th of the month* amount to the Multnomah Bar Hon. Dale Koch Lawyers Section President. the time to do so. We hope you DEADLINE for ads: The 12th of the month* Foundation when paying their Elizabeth Madsen find that the MBA’s impact on *or the preceding Friday, if on a 2016 dues. Stephen Malm our legal community and on weekend. Melvin Oden-Orr your individual practice is well Kenneth Baker Michael Schrunk NEWSLETTER STAFF CONTACTS worth the cost of membership. Editor: Guy Walden Jeffrey Batchelor Richard Sly Copy & Classified Ads: Carol Hawkins Peter Chamberlain Hon. Janice Wilson Display Ads: Ryan Mosier John Crawford Julia Yoshimoto Design: Cyrano Marketing Solutions Peter Diamond Gregory Zeuthen Copyright Multnomah Bar Association 2016 Paul Duden

2 www.mbabar.org January 2016

The MBA will apply for 2 OSB credits unless otherwise noted; 2 Washington MCLE credits may be obtained independently. Registrants who miss the seminar may request the written materials. Substitutions are welcome. CLE Registration fees are non-refundable. • Strategies and practice tips for optimizing the attorney at Barran Liebman LLP. Kathy Short, a Senior Criminal Practice in record in the trial court; Assistant County Attorney with the Multnomah County • Considering whether and when to bring an Attorney’s Office, will serve as the panel’s moderator. Multnomah County appeal, or a cross-appeal; • Filing (and e-filing) - and serving - notices of For more information: Call Will Glasson, Multnomah County Attorney’s Office Wednesday, January 20, 2016 appeal; • The obligations of trial attorneys and trial courts to at 503.988.3138. For registration questions, call the 3:00-5:00 p.m. ensure that trial exhibits are available for appeal; MBA at 503.222.3275. • What the trial judge rule on while an appeal is World Trade Center pending, and what judgment enforcement actions Mezzanine Room are permissible (or prohibited) while an appeal is 26 SW Salmon, Portland pending; Top 10 Electronic Members $60 • The types of issues that are most likely to result in Non-members $95 successful appeals. Discovery Tips For more information: Wednesday, February 10, 2016 Criminal practice in Multnomah County can be Call Kevin Sali, Kevin Sali LLC at 503.329.3598. For complex, with different types of cases having their registration questions, call the MBA at 503.222.3275. 3:00-5:00 p.m. own associated dockets, programs, resolution options, and procedural pathways. Multnomah World Trade Center County’s new chief criminal judge, Judge Ed Jones, Mezzanine Room 26 SW Salmon, Portland has put together an outstanding panel to help Direct Negotiation practitioners learn everything they need to know Members $60 about practicing in the county. The discussion will Strategies and Techniques Non-members $95 cover all types of criminal cases (with sub-panels covering misdemeanor, felony, and domestic Thursday, January 28, 2016 Evidence Matters! Learn how to collect, review and violence cases), and will include, along with Judge 3:00-5:00 p.m. present electronic evidence in all types of litigation. Jones: You will see demonstrations and real-world examples • Judges Maureen McKnight, Christopher showing the use of computer, smartphone, and social World Trade Center Marshall and Eric Bergstrom media evidence in criminal, business litigation, • Prosecutors Traci Anderson, Michael Botthof Mezzanine Room 26 SW Salmon, Portland employment, and family law cases. Learn the top and Brian Davidson 10 things litigators and their staff must know about • Defense attorneys Brad Kalbaugh, Bryan Members $60 Electronic Discovery. Francesconi and Jacob Houze. Non-members $95 • Updating client intake questionnaires and pleadings to deal with electronic evidence For more information: • Preserving and collecting computer and Call Kevin Sali, Kevin Sali LLC at 503.329.3598. Reaching a great settlement through direct negotiation smartphone evidence defensively For registration questions, call the MBA at can help clients avoid the costs and time of mediation • Using smartphone (iPhone and Android) 503.222.3275. but can be especially challenging for litigators. The evidence in your next case experienced panelists at this CLE, Lori E. Deveny, • Distinguishing your law firm with e-discovery Attorney at Law; Chris Kent, Kent & Johnson, LLP; best practices Jenna L. Mooney, Davis Wright Tremaine LLP, will • Culling electronic data based on issues in the case provide practical advice for successfully advocating for • Obtaining social media (e.g. Facebook) and clients in direct negotiations. What Family Law online “cloud” data For more information: • Understanding the importance of text messages Trial Lawyers Should Call Bridget Donegan, Larkins Vacura LLP at and email Know about the 503.542.3107. For registration questions, call the • Using effective search and sampling strategies to MBA at 503.222.3275. find the evidence you need Appellate Process • Performing cost-effective and efficient legal reviews • Producing electronic evidence to the requesting Thursday, January 21, 2016 party • Persuading the judge or jury with electronic 3:00-5:00 p.m. The Top 10 Labor and evidence Presentation forms and materials include: World Trade Center Employment Updates Mezzanine Room • Complete PowerPoint PDF File 26 SW Salmon, Portland for 2016 • Electronic Discovery Case Law • E-Discovery Client Intake Questionnaire Members $60 Tuesday, February 2, 2016 • Electronic Discovery Checklist.doc Non-members $95 • Pleadings and Forms 3:00-5:00 p.m. • Electronic Discovery Resources Most family law cases stay at the trial court level, but World Trade Center A trial lawyer with a deep technical background, not all do. Appellate issues can come up unpredictably. Tom Howe has over 25 years of experience in law Whether your client might benefit from an appeal, Mezzanine Room 26 SW Salmon, Portland and technology, and is a member of the Oregon and or might benefit from avoiding an appeal, what Washington bar associations. He has been referred to happens in the trial court has a critical effect on the Members $60 in articles as one of the leading e-discovery lawyers Non-members $95 appellate lawyer’s ability to either reverse a bad ruling in the country, providing legal/technology consulting against your client, or hold on to the client’s win. Even and expert witness services to some of the largest law attorneys who may never set foot in an appellate court As always seems to be the case, the past year has firms, corporate legal departments, and e-discovery need to have a practical knowledge of the appellate vendors in the United States. Tom is a regular keynote process, such as how to identify an issue that might produced some monumental changes in the area of labor and employment law. Oregon lawyers will speaker at legal and technology conferences, and CLE interest the appellate court, how to structure the classes across the United States and Canada, and has record to preserve it for appellate review, and how once again need to adapt their practices to deal with the changes. Come to this presentation to learn the spoken at over 50 software-programming conferences to coax useful findings of fact from the trial judge to worldwide. His practical and entertaining presentation encourage (or discourage) an appeal. top 10 things that have changed or will be changing for 2016, including a case law update, new statutes style makes him highly sought after. In addition to Join Judge Rebecca Duncan of the Oregon Court of and regulations, and other national and local trends speaking engagements, he has authored five books on Appeals and family & appellate lawyer Laura Graser on the horizon for labor and employment lawyers. law and technology. as they discuss issues, such as: This informative class will be taught by Judge John • Using recent appellate cases, and the appellate For more information: Acosta, federal magistrate judge for the US District Call the MBA at 503.222.3275. standard of review, to frame your trial court Court for the District of Oregon; Andrew Altschul, arguments; a principal attorney at Buchanan Angeli Altschul & Sullivan LLP; and Damien Munsinger, an associate

3 Multnomah Lawyer

and employees face with the use of marijuana by Mary Jane at Work: employees, such as: Medical Record Discovery • How to advise clients regarding employment Employment Law policies focused on marijuana use in the Issues in the Motor workplace; Implications of • How to navigate practical issues stemming from Vehicle Case off-duty conduct; Marijuana Use • Common testing protocol issues, including what Wednesday, February 24, 2016 types of drug tests detect marijuana, how far back 3:00-5:00 p.m. Wednesday, February 17, 2016 can they detect the presence of marijuana in the 3:00-5:00 p.m. system, and how can employers implement testing World Trade Center procedures to fit their desired results. Mezzanine Room World Trade Center 26 SW Salmon, Portland For more information: Mezzanine Room Members $60 26 SW Salmon, Portland Call Sean Ray, Barran Liebman at 503.276.2135. For registration questions, call the MBA at 503.222.3275. Non-members $95 Members $60 Non-members $95 With any motor vehicle crash injury case discovery issues arrive regarding medical records and ORCP This past year, the use of recreational marijuana 44 Exams of the Plaintiff. This two-hour program became authorized in Oregon. As a result, will address discovery strategies, counter strategies, employers and employees face new challenges Requests for Production, Requests for Admission and conflicting pressures on how to deal with and the ORCP medical exam question. If you marijuana use and its effect on the workplace. handle any motor vehicle cases, this seminar is for This two-hour program will address the effects you. Angela Franco Lucero, a partner at Kranovich employer policies and procedures might have on & Lucero, will present the defendant’s perspective the workplace culture, safety concerns, and public and Jason Posner, of the Posner Law Firm will perception, as well as what rights employees have present the plaintiff’s perspective. to engage in off-duty conduct now decriminalized by state law. This seminar will be invaluable to all For more information: employment law attorneys, whether they regularly Call Kyle Dukelow, Law Office of Kyle B. Dukelow represent employers or employees. Matthew C. at 503.288.1992. For registration questions, call the Ellis, an employment law attorney representing MBA at 503.222.3275. employees, Alex Wheatley, an attorney with Fisher & Phillips LLP representing employers, and Ben Eder, a partner at Thuemmel Uhle & Eder with extensive knowledge of drug testing techniques and considerations, will address issues employers

Photocopy, complete and mail or fax the registration form with payment to the MBA to reserve your space. Self-study materials from past CLE classes may be downloaded at www.mbabar.org.

Seminar Selection: CLE Registration Form Please select the seminar(s) you wish to attend. Written materials for each class are included with registration. Pre-registration with payment is required to reserve a space; at-the-door registrations are accepted if space is available.

1/20 Criminal Practice in Multnomah County o Class Registration ($60 Members/$95 Non) ...... $______NAME ACCOUNT NUMBER o CD-ROM & Written Materials ($60 Members/$95 Non) . $______1/21 What Family Law Trial Lawyers Should Know About the FIRM EXPIRATION DATE AND SECURITY CODE Appellate Process o Class Registration ($60 Members/$95 Non) ...... $______o CD-ROM & Written Materials ($60 Members/$95 Non) . $______ADDRESS SIGNATURE 1/28 Direct Negotiation Strategies and Techniques o Class Registration ($60 Members/$95 Non) ...... $______CITY STATE ZIP BILLING ADDRESS FOR CARD (if different) o CD-ROM & Written Materials ($60 Members/$95 Non) . $______2/2 The Top 10 Labor and Employment Updates for 2016 o Class Registration ($60 Members/$95 Non) ...... $______PHONE o CD-ROM & Written Materials ($60 Members/$95 Non) . $______2/10 Top 10 Electronic Discovery Tips OSB# o Class Registration ($60 Members/$95 Non) ...... $______o CD-ROM & Written Materials ($60 Members/$95 Non) . $______2/17 Mary Jane at Work: Employment Law Implications of Marijuana Use o Class Registration ($60 Members/$95 Non) ...... $______Payment Options: Member Status: o CD-ROM & Written Materials ($60 Members/$95 Non) . $______o MBA Member o Check o VISA o MasterCard 2/24 Medical Record Discovery Issues in the Motor Vehicle Case o Class Registration ($60 Members/$95 Non) ...... $______o Non–Member o American Express o CD-ROM & Written Materials ($60 Members/$95 Non) . $______

Registration forms with payment must be received in the MBA office by 3 p.m. the day before the seminar. Total due ...... $______Registration forms may be mailed or faxed to the address or number below. Accommodations available for persons with disabilities; please call in advance for arrangements.

Photocopy registration and mail or fax with payment to:

Multnomah Bar Association 620 SW Fifth Ave., Suite 1220 n Portland, OR 97204 503.222.3275 n Fax to: 503.243.1881

Register online and order or download MBA self-study materials at www.mbabar.org. Reduced fees for unemployed members are available and are assessed on a case-by-case basis. For details, call the MBA at 503.222.3275.

4 www.mbabar.org January 2016

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OPA Elects Board, Recognizes Members mba announcements At its November, 2015 annual meeting, the Oregon Paralegal Association elected a new board. President is Julianne Maguire, Free CLE Webcast to MBA Members RP; Vice President, Leah Aldred, RP; Secretary, Jamie Lynn The video webcast of the seminar entitled “Commercial Leasing Summerfield; Treasurer, Mary VanKleeck, CRP; Emeritus - Landlord and Tenant Perspectives” is now available in the Representative, Kristen Abram; Associate Representative, Members Center at www.mbabar.org. The webcast is worth two Tabatha Schneider; One Year Director, Alex Hopson; One Year hours of general OSB MCLE credit. Director, Marjorie A. Machem, CRP; Two Year Director, Kelley MBA members receive access to a rotating selection of six Chaney, RP; NFPA Secondary Representative, Brenna Dickey; different CLE seminars each year - a $360 value. Michele Davis, CP is continuing in the second year of her two- year board director position. Take a Matter that Matters The following awards were announced: President’s Award, Sign the MBA Pro Bono pledge at www.mbabar.org/about-us/ Holly Swofford; 2014 Outstanding New Member Award Winner pro-bono.html and commit to taking at least one pro bono case (Less than five years), Mary VanKleeck, CRP; 2014 Outstanding this year. Member Winner, Linda Odermott, RP; 2014 Outstanding Service Provider Award Winner, FreeLance Investigations, LLC. MBA Judicial Brown Bag – March 11 Please join judges of the Multnomah County Circuit Court The Many Faces of Human Trafficking for a Brown Bag informal discussion. The topics of discussion On Monday, January 11, at 10 a.m., the American Association will include civil case management, recent changes to the SLRs of University Women Portland and YWCA of Greater Portland and UTCRs, and how things are going with Odyssey eCourt. present a workshop featuring Hannah Horsley, Assistant US Bring your lunch, questions, and suggestions to the downtown Attorney, and Oregon Foreign Born Human Trafficking Task Multnomah County Courthouse, Room 130 (Jury Assembly Force Coordinator and Christopher Carey, Associate Professor Room), on Friday, March 11 at noon. in the School of Community Health at Portland State University. Multnomah Lawyer This event is free and open to the public. RSVP to Diane Winn, Local Lawyers and Judges Serve ABA [email protected] or Suzanne Fleming, [email protected]. Mark Johnson Roberts and Hon. Adrienne C. Nelson have Donations of gloves, hats, socks, scarves and underwear will changed positions within the structure of the American Bar be collected for women living in the Salvation Army’s Female Association. Association officers are selected by the 69-member Emergency Shelter. mba announcementsNominating Committee, CHAMBERLAIN which comprises the 52 Write for Litigation News! Free CLE Webcast to MBA MembersState Delegates and 17 other The ABA Section of Litigation’s national newsMediation magazine, Arbitration The video webcast of the seminar entitledmembers “Presenting selected from Expert other Litigation News, seeks excellent writers interested in joining the Witnesses at Trial” is now available placesin the Membersin the Association. Center at editorial board as contributing editors. Contributing editors www.mbabar.org. The webcast is worth two hours of general OSB Johnson Roberts completed write four articles per year and attend twoA Proven ABA conferences. Problem Solver MCLE credit. a full nine-year term as This is a great opportunity to get your name out there and MBA members receive access toOregon’s a rotating State selection Delegate of six in connect with attorneys across the country.Trial Litigation & Appellate News is Experience different CLE seminars each year - a $300 value. August, and Judge Nelson has published quarterly in print, and adds storiesAvailable at least weeklyStatewide to been elected to replace him its online version. Its print circulation exceeds 50,000. Take a Matter that Matters in that role. In November, Interested? Send a resume and writing sample to Sign the MBA Pro Bono pledge at www.mbabar.org/about-us/ABA President Paulette [email protected] by January 22. We will notify pro-bono.html and commit to takingBrown at least then one appointed pro bono case those applicants selected to participate [email protected] our annual write-on this year. Mark Johnson Roberts Johnson Roberts back to competition by February 5. www.chamberlainmediation.com the Nominating Committee 503.380.5730 asOWLS an “at Announces large” LGBT Officers member, giving& Board Oregon Members two seats on the NominatingElizabeth Tedesco Committee Milesnick and tenwas in elected the H oasuse president, of Delegates. and The otherpreviously members served of Oregon’sas president elect, secretary and historian. HLauraouse Craskadelegation Cooper are Marilyn was elected as president elect. Angela JeanFranco Harbur, Lucero Akira was elected Heshiki, treasurer. Amber Hollister was Lesliereelected S. Johnson, as historian. Christine Joining the executive committee is Hon. M.Allison Meadows, Boomer, Katherine who was H. elected as OWLS’ secretary. O’Neil,In addition, Attorney OWLS General announces its newly elected and reelected Ellenboard F. members: Rosenblum, Jacqueline Alarcon (Portland), Hon. Valerie Love Andrew(Eugene), M. Jennifer Schpak, Nicholls and (Medford), Susan Pitchford (Portland), Amanda Thorpe (Grants Pass), and Jim Yocom (Beaverton). Jovita T. Wang. This is a tie Board members continuing their service are: Megan Burgess with the largest the Oregon (Bend), Maya Crawford (Portland), Kristina Holm (Portland), Court Bonds delegation has ever been. In Susan Bradley Krant (Ashland), Katharine Lozano (Portland/ other ABA news, President Salem), Aruna Masih (Portland), Banafsheh Violet Nazari Brown appointed Johnson Fast turnaround. (Portland), Kristin Sterling (Portland), Val Tomasi (Portland), Roberts this year to chair the Hon. Adrienne C. Nelson Gloria Trainor (Portland). Apply online or over the phone. ABA Commission on Sexual Orientation and Gender Identity, which works for acceptance OWLS Foundation Announces New Board Members and inclusion for LGBT people throughout the justice system and Janice Wilson is a senior judge, retired from the Multnomah A percentage of Court Bond fees are in the larger legal community. OSB members with questions or County Circuit Court. She currently has a private arbitration and donated to Legal Aid Services of Oregon concerns about the ABA’s work should contact any member of mediation practice, in addition to her service as a Plan B judge in the delegation at any time. courts around the state. Nicole DeFever is a Senior Assistant Attorney General with www.mba.onlinecourtbonds.com Minority Lawyers Support Group the Oregon Department of Justice in the Trial Division, Civil Beginning in January, OAAP Attorney Counselor Shari Gregory, Litigation Section. In addition to representing state agencies 877-553-6376 | Fax: 888-658-6761 LCSW, JD and George Finch, JD, are holding a support group in condemnation and inverse condemnation actions, she for racial and ethnic minorities to have a safe and confidential represents Oregon in a broad range of civil litigation, including environment to build support, camaraderie and community. Partnering with: administrative, land use, section 1983, and tort matters. This free and confidential group will meet at the OAAP for eight underwritten by: sessionsNoon Bicycle on Fridays, Rides 12-1 p.m. Participants will gain support for issues related to resiliency/empowerment, discrimination Take a noon break for a short, fast ride with hills. Meet at and authenticity, work-life balance, and developing professional SW Yamhill and Broadway between noon and 12:10 p.m. on resources. To join, please set up a meeting with Shari Gregory at Mondays and Thursdays. Contact Ray Thomas at 503.228.5222 503.226.1057,with questions, ext. or 14,just or meet [email protected], at the start. Noon Bicycle Rides Take a noon break for a short, fast ride with hills. Meet at SW Yamhill and Broadway between noon and 12:10 p.m. on Mondays and Thursdays. ContactR ay Thomas at 503.228.5222 with questions, or just meet at the start. Bad investments? 2015 Sustainable Law PARKING Downtown Oregon City Office Leadership Award One block from CLACKAMAS COUNTY CIRCUIT COURT Compost Challenge $20/day call: 503-607-1700 The OSB Sustainable in the past few years, more Food scraps that are 6 www.mbabar.org Future Section is pleased specifically through innovation, composted can also become to announce that it will and through implementing a fertilizer, adding nutrients recognize the Oregon law paperless law firm. The award to soil at local farms and office that has made the recognizes leadership which gardens. According to the most meaningful efforts does not necessarily require Portland Sustainability at to implement food scrap success but rather striving to Work Program, approximately composting. implement sustainability. 20% of commercial waste is This award has recognized This year’s award focuses organics, and compostable offices that have exhibited on composting. Why compost? foods and fibers account for ROBERT J. MCGAUGHEY, ATTORNEY leadership in the profession Food scraps take up space in approximately 33% of the Securities Claims & Investment Disputes for firm sustainability landfills and release methane weight for commercial waste. initiatives, and offices that gas. In the commercial compost An application of no more 2440 Fox Tower, Portland 97205 503-223-7555 www.law7555.com have implemented innovative system, food scraps that are than two pages is due by practices to increase composted can become biogas, August 28 at 5 p.m. sustainability, including which provides electricity for broad-based practices, and local homes and businesses.

For more information, please contact [email protected].

6 www.mbabar.org January 2016

Conflicts When Customers Ethics Focus Are Clients RPC 1.8(a) governs lawyer- RICHARD G. SPIER client business transactions. In ABA Model Rule 5.7 “[a]t least in MEDIATOR In re Spencer, 355 Or 679, 330 Legal Capital part because the OSB House of P3d 538 (2014), the Oregon Delegates has indicated a desire Affiliated Businesses Supreme Court applied RPC not to pursue multidisciplinary 1.8(a) to a lawyer who ran an practice issues[.]” Regardless of by Mark J. Fucile ancillary real estate brokerage whether that remains true today, Fucile & Reising business. The lawyer had been in the meantime Alaska, Idaho representing a client who was and Washington have all adopted financially hard-pressed and versions of ABA Model Rule 5.7. advised her to purchase a home Second, other RPCs may come into play in particular RPC 1.8(a) contains a circumstances. OSB Formal very high and exacting Opinion 2005-106, for example, disclosure and consent Highly experienced–full-time neutral since 1992 notes that a lawyer cannot use an standard for lawyer-client n affiliated business to improperly business transactions.... Business & commercial; personal injury; solicit legal work in violation as part of a strategy to preserve professional liability; employment; estates & trusts; of RPC 7.3. In other instances, assets in the event bankruptcy real estate & construction “material limitation” conflicts became necessary. He then n under RPC 1.7(a)(2) may assisted her in purchasing a home Listed in Best Lawyers in America® (Portland Lawyer of the arise, for example, if an affiliate in his capacity as a real estate Year for Mediation, 2014 and 2016) and in Super Lawyers customer is on the opposite side With the changing landscape broker - for which he received a of litigation that the lawyer is in law firm economics over the commission. The lawyer and the handling for a client. 503-284-2511 past decade, some firms are client later parted ways and the Fax 503-284-2519 examining the possibility of Regulatory Reach client filed a bar complaint against [email protected] www.spier-mediate.com creating affiliated businesses. the lawyer. RPC 1.8(a) contains a 2536 N.E. 28th Avenue n Portland, Oregon 97212-4916 RPC 8.4(a)(3) classifies as For large firms, it may be to very high and exacting disclosure professional misconduct offer non-legal expertise to a and consent standard for lawyer- “dishonesty, fraud, deceit or broader array of customers client business transactions misrepresentation that reflects than their law firm clientele. and there was no dispute that adversely on the lawyer’s fitness OSB Formal Opinion 2005-137, the lawyer had not obtained to practice law[.]” Importantly for example, addresses lawyer the requisite conflict waiver for present purposes, the ...a lawyer cannot use before engaging in the brokerage Don’t try it yourself dishonest conduct does not need an affiliated business to transaction. The Supreme Court to occur in the practice of law improperly solicit legal disciplined the lawyer. for there to be a violation of RPC work.... The Supreme Court’s 8.4(a)(3) - simply that it “reflects approach is by no means novel. adversely” on the lawyer’s participation in a separate Comment 1 to ABA Model Rule fitness to practice law. Last business involving consumer 1.8, upon which Oregon’s rule year, for example, the Supreme legal self-help software. For solos is now patterned, notes that Court disbarred a lawyer in In or smaller firms, it may be a “[t]he Rule applies to lawyers re Herman, 357 Or 273, 348 way to diversify the portfolio of engaged in the sale of goods or P3d 1125 (2015), for dishonest activities that generate income services related to the practice of conduct in a manufacturing for the lawyers involved. OSB law, for example, the sale of title business. Similarly, in In re Formal Opinion 2005-106, insurance or investment services for example, discusses lawyer ...the dishonesty does to existing clients of the lawyer’s ownership of a tax preparation not need to occur in the legal practice.” OSB Formal business. In this column, we’ll practice of law.... Ethics Opinion 2005-10 makes look at two common risk this same point using a similar Hendricks, 306 Or 574, 761 P2d management considerations example. Therefore, a lawyer who 519 (1988), the Supreme Court from the law firm perspective also owns a restaurant at which disbarred a lawyer involved in Got a tough personal injury case? when lawyers operate other the lawyers’ clients sometimes a fraudulent tax shelter scheme. businesses: the continuing dine doesn’t trigger the rule Let us try it – or better yet, settle it. Whether in Although these cases are extreme Washington or Oregon, it’s right up our alley. regulatory reach over conduct because the transaction is not examples, they underscore the Generous referral program. that reflects negatively on a “related to the practice of law.” broad sweep of the Supreme lawyer’s fitness to practice law; But, when there is a connection Court’s regulatory jurisdiction and conflicts when customers between the lawyer’s practice and of the affiliated business are also over lawyers for misconduct that DON JACOBS the affiliated business as it relates Trial Lawyer of the Year, Clark County (2015) “reflects adversely on the lawyer’s clients of the law firm. Before we to a particular client, then the Past President, Oregon Trial Lawyers Assoc. do, two qualifiers are in order. fitness to practice law[.]” rule is triggered and the lawyer JESSE JACOBS First, lawyers who are must satisfy RPC 1.8(a). OTLA Guardian and WSAJ Eagle practicing across state lines in the Northwest and may wish to 503.222.7757 nwinjurylawcenter.com do the same with their affiliated businesses should look carefully at those other jurisdictions’ Scheduling versions of ABA Model Rule 5.7 - which deals specifically with puzzle solved. affiliated businesses. ABA Model K. William Gibson Rule 5.7 contains a definition Let Leslie t the pieces Arbitrator & Mediator of “law-related services” and together. provides general boundaries She’ll schedule your No charge for travel for when an affiliated business to Central Oregon, court reporter, Eugene, and Salem will - and won’t - be subject to videographer, all of the RPCs based on the interpreter, (503) 307-1676 degree to which the affiliate is videoconference, gibsonmediation.com connected to the firm. Oregon and conference room. did not adopt this rule when we moved from the old “DRs” to And you only have to the RPCs in 2005. In our RPCs, make one call, that provision is simply listed as Office Manager “Reserved.” The report from the Leslie Peralta OSB committee that developed Of course. our version of the ABA Model 35 Years Experience Rules in the early 2000s Court Arbitration • UM/UIM Arbitration • PIP Disputes mentions that it did not include Witness the Difference Business/Real Estate • PI Mediation LNS COURT REPORTING Business Mediation • Real Estate Mediation & VIDEOCONFERENCING Schedule online at www.gibsonmediation.com/calendar 503-299-6200 / 800-366-6201 LNSCOURTREPORTING.COM 7 Multnomah Lawyer

firm is now known as Boise Matthews. Whitney Boise and Around the Bar Kendra Matthews will continue as partners; John Ransom will continue in an of counsel position. Founding partner Marc Blackman (1947-2014) will never be forgotten.

David Myers Steven Nofziger

H e focuses on resolving complex business disputes. David Myers joined the business department at the Andrew Schpak Clay Creps firm. His practice is focused Barran Liebman on mergers and acquisitions, Partner Andrew Schpak was corporate and finance transactions, tax matters, and honored with the 2015 Oregon Keil Mueller New Lawyers Division (ONLD) general corporate counseling. Member Services Award. The award honors a member of the ONLD for his or her contributions to the division’s John Rothernich membership and mission throughout the year. Schpak is an Bragar’s practice focuses on active member of the OSB New land use, real estate, municipal Lawyer Mentoring Committee, and environmental law. for which he was the committee Nofziger’s practice focuses on Drew Hagedorn chair from 2011-13. employee benefits and executive compensation, tax, and business & employment matters. practice group. Firm owner John Rothermich Drew has been elected to serve as Scott Shorr Hagedorn has Beth Plass president of the board of directors Stoll Berne been elected Mersereau Shannon of Outside In, a Portland-based Keil Mueller is the newest president of Beth Plass has joined as an nonprofit focusing on helping shareholder of the firm. Mueller the Oregon associate in the firm’s litigation homeless youth and other is a trial lawyer who represents Transportation group. marginalized individuals move corporate and individual clients Forum. He toward improved health and self- in state and federal court, as well previously sufficiency. As a member of the as in arbitration proceedings. His served as vice firm’s litigation group, he regularly practice emphasizes all aspects of president for this assists clients in resolving critical complex business litigation. nonprofit, which business disputes. Sean Ray and Kyle Abraham Managing Partner Scott Shorr brings together has been appointed by Oregon elected officials and leaders in Governor Kate Brown to the the transportation community. Oregon Court of Appeals to fill the Hagedorn is a partner of the position vacated by the retirement firm, and chairs its government of Chief Judge Rick Haselton. relations and public policy practice group.

Heather Kmetz Sussman Shank Partner Heather Kmetz was named 2015 Mentor of the Year Allison Jacobsen by the OSB Taxation Section’s Linda Frischmeyer New Tax Lawyer Committee. Kyle Abraham and Sean The award honors Kmetz for Ray have been named partners the time and energy devoted to of the firm. Abraham practices developing tax lawyers. both traditional labor law and Kmetz chairs the firm’s employment law, and is one of business group, where she assists John Bachofner the only attorneys in Oregon Blerina Kotori individuals in establishing tax- certified by the Association Jordan Ramis sensitive wealth-preservation of Workplace Investigators to Shareholder John Bachofner plans, including representation conduct workplace investigations. was elected to the OSB Board before the IRS, focused in He serves on the board of the of Governors, and to chair the the area of foreign account Portland Human Resource bar’s litigation section. Bachofner disclosure. Management Association. As a focuses his practice on litigation member of the firm’s litigation and jury trials involving business, team, Ray represents management James Sikora insurance coverage, and and owners in employment law Landerholm bankruptcy and creditors’ rights. matters across all industries. After 18 years with the firm and Allison Jacobsen has joined more than 34 years in practice, the firm. She advises employers in employment law attorney Linda The Around the Bar column all aspects of employee benefits. Frischmeyer retired from the reports on MBA members’ moves, Christopher Pallanch practice of law at the end of 2015. transitions, promotions and other In October, James Sikora honors within the profession. The Tonkon Torp Blerina Kotori and submission deadline is the 10th of Christopher Pallanch were joined the firm to provide Clay Creps has joined the board the month preceding publication elected partners. Kotori is a employment law expertise. of directors of the Portland or the prior Friday if that date falls member of the firm’s labor & Sikora’s practice focuses on Human Resource Management on a weekend. All submissions are employment and information advising businesses on labor and Association (PHRMA), the edited to fit column format and privacy & security practice Jennifer Bragar employment law matters. local chapter of the Society for the information is used on a space- groups. She advises and Human Resource Management. Garvey Schubert Barer available basis in the order in represents employers. Pallanch is Creps serves in the capacity of Jennifer Bragar and Steven which it was received. Submissions a member of the firm’s litigation Boise Matthews legislative affairs director. He Nofziger have become owners may be emailed to Carol Hawkins, and financial services practices. The partners of Ransom is a partner in the firm’s labor in the firm’s Portland office. Blackman announce that the [email protected]. 8 www.mbabar.org January 2016

reckless driving wrongful death personal injury product liability

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Insertion: JAN16 Creative Director: Randall Schoonover File Name: TGS15141_PC_MBA-JAN16_Forklift Art Director: Client: Paulson Colletti Publication: Multnomah Bar Assoc. Photographer: David Emmitte Trim: 9.875 x 91/2 page Agency Contact : Jen Tadjedin 503-421-9583 Bleed: na OREGONPrepress: Bruce Harris Retouching CHAPTER Inc. Live: -.25 trim [email protected] Ink Density: DM300 TheThe Ph:followingfollowing 971-645-3744 attorneysattorneys areare recognizedrecognized forfor ExcellenceExcellence inin thethe fieldfield ofof AlternativeAlternative DisputeDispute ResolutionResolution

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9 Multnomah Lawyer

Tips From the Bench

Little Things by Judge Leslie Roberts Multnomah County Circuit Court “It’s the little details that are vital. Little things make big things happen.” - John Wooden

It would be good if everyone who practices in Multnomah County Circuit Court were well-versed, and refreshed, on the applicable minutia of filing and service and their periodic revisions. Some by the court). Similarly, judgments practitioners do stay current on and orders must be circulated rules - but many do not. Yet the before submitted. UTCR 5.100. little things can trip you up in The logic of this is based on really big ways. how Odyssey (eCourt) operates Particularly in the changing on the court side. Documents environment of eCourt, knowing for a judge to assign appear in the new rules and refreshing your Family Court Update – the judge’s “queue” – a web page News from the Courthouse Judge McKnight grasp of the old ones will prevent with a succession of documents to embarrassing and costly errors. sign. The queue typically contains Chief Family Law Judge only the order or judgment – not by Shane Abma going to lawyers’ inboxes because McKnight provided an update Motions any supporting material. Unless Court Liaison Committee of spam filters. Often an attorney on Multnomah County will indicate to the court that the There is no point in a motion if it the order or judgment itself Presiding Judge’s Circuit Court’s Family Law is never heard. To have a motion recites when it was heard there attorney did not receive a court Department. Family law judges Report and Courthouse notice, when in fact the record heard, the movant is responsible is no way to tell on the face of it, Update - Judge Waller have been providing services for calling the assigned judge’s whether it is ripe for signature. shows that it was sent, and often it in the East County Courthouse chambers to set the motion. The judge must research the New Courthouse is discovered that the notice went since July 2014, with a family Otherwise, nothing happens. My file to figure out whether the The design team continues to to a spam folder. The court asks court judicial officer going to poor judicial assistant has heard proposed order reflects a ruling determine how best to configure that attorneys be mindful of this that courthouse on Monday the outrage and bluster but it is that is filed prematurely. Thus the new courthouse. The board and make sure to configure spam afternoons for ex parte and the attorney who fails to know the rule requires that an order be of county commissioners was filters to accept emails from the restraining order applications, the rule who is at fault. My staff presented “after” the ruling. briefed on whether it is more court. All court notices come from and all day Wednesday for ex has no notice a motion has been This year, a new rule is in cost-effective to locate the four just five email addresses. parte and hearings set from the filed unless the lawyer contacts effect; an out-of-cycle change high-volume courts (small Judge Waller also reminded trial assignment docket with east us. The local rule covers setting made to UTCR 5.100, requiring claims, landlord tenant, traffic, the committee that the upcoming county addresses. The Family motions, and in detail. It is the a certification as part of the and parking courtrooms) as well UTCR 5.100 change takes effect Court Services Office (which job of the moving party - no judgment attesting that the as the district attorney’s office in January, which will require does mediations and evaluations) one else. Supplementary Local judgment has been properly inside the new courthouse than a certificate of readiness to will also now be in the East Rules for the Circuit Court of the circulated (as is required, now, to lease and remodel space in accompany proposed orders. This County Courthouse on Mondays. State of Oregon for Multnomah for orders) and is ready for another downtown building. change will help the court process Judge McKnight reported County (February 1, 2015) 5.015. signature by the judge. It is also The architects are also working orders more efficiently. that the court’s newest judge, a good idea to indicate within an with the court and Multnomah Patrick Henry, took the bench Procedural Justice/Implicit Bias Judge Copies on Paper order the date of the hearing. We County Sheriff’s Office to explore in October. He has since had the The omission of judge copies, do not see the cover letter that alternatives for improving The court is continuing its opportunity to sit on a variety delivered to the judge’s chambers, might have that information. security at the entrance to the assessment of how well it of dockets and assignments to is more than discourtesy: it is a new courthouse so that fewer incorporates the principles give him a broad foundation of violation of rule. Suppl. LR 6.015. Ex Parte people are bypassing screening of procedural justice into its bench experiences. That hasn’t changed with eCourt. Some motions, although with an ID card, yet still practices and procedures. The The court was able to restore Unless a specific judge has said they may be presented ex allowing for expedited entry for research on procedural justice facilitation appointments as of that email service is permitted parte, nevertheless cannot attorneys and others who work shows that when litigants October, which are one-on-one or preferred, you provide written be presented electronically; in the building on a regular believe that they were treated sessions for court staff to help copies. (See the appropriate they must be presented basis. They will also be looking respectfully, had an opportunity self-represented parties with judge’s web page through the conventionally. Supp. LR 2.501. at who can bring firearms into to be heard and understood the completing court forms and Multnomah Court web portal (go (Ex parte motions go to the the courthouse and whether proceedings, they are more likely procedures. The use of facilitators to “Quick Links – Judges). I don’t presiding court, or its designee. that policy should be changed to accept the decision of the is a statutorily-authorized allow email. My web page points If a judge is specially assigned or updated. court, regardless of the outcome, assistance program that does this out.) The same requirement to hear all motions whatsoever, and to comply with court orders. not violate the rule against is part of Supp. LR 5.015 (6). The such as the foreclosure panel Judge Alicia Fuchs’ Retirement The court is currently doing “unauthorized practice of law.” responding party must deliver judge, that judge is the designee Judge Fuchs sent in her letter of an assessment of its criminal The state court administrator a judge copy of the response or for ex parte motions.) retirement to the governor’s office. justice system. Judge Waller is planning an upcoming reply. Supp. LR 5.017. Merely Motions that can only be The screening of candidates for indicated that perhaps the bar training for family law filing the response is not the presented conventionally include Judge Fuchs’ position is underway can play a larger role in helping facilitators. Judge McKnight “delivery” of a “copy” to the judge. 25 civil types of matters, and four by the MBA with an expectation to implement procedural justice. hopes that the training will In the case of trial types of criminal motions, plus that the governor will make the A committee member noted prioritize a focus on tools documents, the judge copies 16 types of domestic relations appointment of a new judge that she had received many to recognize and respond to must be provided (on paper matters. Know that exceptions sometime after the first of the year. comments from colleagues litigants who have been directly except for judges who wish it exist and make sure that your indicating strong support for traumatized, as well as those otherwise) by noon the judicial motion can be submitted eCourt Changes the court’s efforts in ensuring vicariously affected by trauma. day before trial. Supp. LR 6.015 electronically. If you don’t, your Judge Waller reminded the procedural justice. This will complement training In my court, if you haven’t order should not be signed. committee that changes Related to the procedural provided by Multnomah County given me a copy of your I won’t list all the affected and updates to the eCourt justice assessment, the court Circuit Court funded by the memorandum, you can’t expect me motions, but some I’ve returned application are made at the also continues to try and federal Department of Justice, to read it. Why bother to write it? unsigned because they were state level. She understands better understand the impact related to domestic violence. submitted online include a that the timing of changes can of implicit bias on the court The court conducted a week- Orders after Ruling motion for writ of assistance (to be frustrating, but explained and the justice system. As the long feedback survey at all four In the era of paper, you might enforce a previous judgment), that the court is committed to court looks at ways to increase court locations in September. file a proposed order at the same a motion for disbursement communicating with the bar confidence in the judicial system, The survey was administered time as filing the motion. The of funds, and a motion for about any upcoming changes to judges and court staff hope to to jurors, litigants, lawyers, and judge got the motion at the same reinstatement of a case after be made as soon as the court is use increasingly sophisticated other visitors to the courthouse, time and would not be misled to Rule 7 dismissal. (Such a motion notified of the changes. Judge research on implicit bias to to determine how they perceived sign the order before the hearing. is dubious, anyhow, since a Waller is open to suggestions on develop tools that judges, lawyers their experience. The court Those days are now past. dismissal is a judgment for the ways to improve keeping the bar and staff can use to reduce the received 399 responses. Portland Orders can be presented for opposite party; see ORCP 71.) appraised of eCourt changes. impact of implicit bias in the State University is compiling the signing only after the ruling on the The court continues to hear of justice system. The committee discussed possible future CLEs motion (unless otherwise ordered Continued on page 13 problems with court notices not Continued on page 13 on this issue. 10 www.mbabar.org January 2016

alcohol and drug evaluations, in- Multnomah County’s patient and outpatient treatment services, mental health treatment, Justice Reinvestment sober housing, employment development, parenting classes, Initiative and peer mentorship. Eighty% of MCJRP participants are high-risk by Caroline Wong offenders, many with unmanaged Multnomah County District Attorney’s Office mental health and/or substance and Lindsey Marsh, Willamette Law Student (not pictured) abuse issues. These offenders often require stabilization or Cases are eligible for the further assessment to determine justice reinvestment process when the appropriate level of care in they carry presumptive prison treatment. Effective January sentences. Sex offenses, domestic 1, MCJRP funds a jail-based violence offenses, offenses against Treatment Readiness unit children, and the majority of intended to prepare offenders for violent crime offenses are excluded treatment success. This approach from program eligibility. The should maximize resources by Happy New (Membership) Year! Department of Community Justice increasing offender stability plays a key role in Multnomah while decreasing treatment County’s Justice Reinvestment If you have yet to renew your MBA membership for failures due to inappropriate 2016, please take a few minutes to do so online Program. Eleven probation officers treatment placements. are dedicated to the program So far, most offenders have at www.mbabar.org or contact the MBA office at and are responsible for assessing Faced with increasing prison responded well to the program. 503.222.3275. defendants’ criminogenic risks populations and rising These services provide positive and needs early in the process expenditures, Oregon was impacts, both by improving using the Level of Service/Case We look forward to serving you in 2016. challenged to develop a unique offenders’ lifestyles and Management Inventory tool. approach to control prison contributing to positive outlooks Assessment information gathered expansion while still protecting the on their futures. In a recent Street about participants individualizes public. Oregon recently embraced Roots article1, MCJRP client treatment plans and helps connect a justice reinvestment initiative by Carole Hinojosa - drug addicted offenders with the most effective passing House Bill 3194, which and homeless before starting interventions. The probation produced sentencing reform and the program - declared that officers provide the assessment provides formula grant funding MCJRP was her second chance. reports to the parties and the court, to each county to implement local Her compliance with program in addition to appearing and being justice reinvestment strategies supervision has helped her to stay a resource at assigned Judicial statewide. Justice Reinvestment is a clean and sober, get mental health MBF Invites Letters of Settlement Conferences (JSC). growing national topic pertaining services, and allowed her to fully By using evidence-based to decreased reliance on prison, pay back restitution to the victim Inquiry for 2016 Grants practices and informed decisions, subsequently generating cost- of her crime. those present at the JSC discuss by Pamela Hubbs savings that can be reinvested whether prison or probation is in evidence-based strategies Victim Assistance and Grant Office and Foundation Administrator the appropriate course of action. that increase public safety and Funding Local nonprofits interested in If probation is deemed suitable, improvements to the criminal Supporting crime victims is an receiving 2016 grant funding the parties discuss what type of justice system. Multnomah important component to House for programs that promote programming will best address County was awarded a little Bill 3194. While other states have understanding of the justice an offender’s criminogenic needs. over $3 million for the 2014-15 implemented similar forms of system, the importance of voting, For example, those offenders biennium to create and implement justice reinvestment programs, the political process or civic with mental health issues might its Multnomah County Justice a unique aspect of Oregon’s involvement are encouraged to be best served through probation Reinvestment Process (MCJRP) program is its dedication of 10% submit a letter of inquiry to the Thanks to the generous engagement with Multnomah and programming. The county of all grant funds to community- Multnomah Bar Foundation support of the legal community, County’s Mental Health Court. recently received additional state based victim services programs. (MBF) by January 22. Grants the MBF Civic Education Fund Ultimately, matching the offender grant funding for the 2016-17 These services may provide are awarded to 501(c)(3) has awarded over $320,000 in with appropriate probation biennium. victims with access to shelters, organizations whose programs grants since 2006. In 2015, the conditions and services is a critical counseling and support groups, increase civic education and MBF granted a total of $37,750 to The Multnomah County Justice component of MCJRP in order to safety planning, and help in involvement and understanding Bus Project Foundation, Elders in Reinvestment Process effectuate successful community obtaining protective orders, of the rule of law. Priority is given Action, League of Women Voters integration among offenders. The goals of MCJRP mimic as well as court and medical to new projects that utilize MBA of Oregon, League of Women those of HB 3194: lower the use accompaniment. Since these volunteers in the geographic area Voters of Portland, the MBA Justice Reinvestment Intensive of prison beds while increasing services are not specifically tied served by the MBA. Young Lawyers Section, Northwest Supervision, Treatment public safety, hold offenders to the victims of offenders under Criteria for letters of inquiry, Family Services, Oregon Services and Programming accountable, and reduce the MCRJP program, there is a deadlines and other information Tradeswomen, Inc., and Sponsors MCJRP eligible offenders who recidivism. MCJRP is designed greater ability to aid a broader about the grants program may Organized to Assist Refugees. are not sentenced to prison or to promote better-informed population of victims. be found at http://mbabar.org/ For more information, a specialty court program are decision-making throughout the After a careful assessment, foundation/grants.html. Grant please contact Pamela Hubbs sentenced to MCJRP Intensive criminal justice continuum while Multnomah County’s Local awards will be announced and (503.222.3275, Supervision. This program providing necessary services to Public Safety Coordinating funded in May. [email protected]). is designed to safeguard the offenders placed on probation. Council has identified the community and increase offenders’ The process focuses on whether an following three service providers compliance with the conditions offender can be supervised safely to receive grant funding during of probation. A law-enforcement in the community with intensive the next biennium to best assist Preliminary Data Between July and June 2015, detail is dedicated to assisting supervision and wraparound crime victims: Although the program is in its Multnomah County sent 231 probation officers with offender services, or whether prison is • Impact NW: Provides early stages, the data analysis of fewer of those offenders to supervision, which is based on a the appropriate outcome in that treatment for child welfare- the program has indicated that prison than in the same time collaborative model that builds specific case. Decisions about involved families and children it’s been successful in reducing frame two years prior. Better relationships among offenders, whether to impose sentences of exposed to domestic violence. prison bed usage to avoid the informed decision-making probation officers, treatment prison or probation are made • Lutheran Family Services necessity of expanding prison and intensive supervision with providers and the judicial system. based on professional judgment, NW: Offers treatment and capacity. According to Oregon wraparound services also seem The program also focuses which is informed by the personal services for victims of Crime Justice Commission to be a benefit, as Multnomah on helping offenders become and social accountability of non-domestic violence or data, since the start of the County has not seen a significant contributing members of the offender, victim input and sex assault crimes, with a justice reinvestment initiative, increase in probation revocations society rather than increasing impact, the nature and gravity focus on immigrants and Multnomah County has led the for those given a chance at local expenditures by spending of the underlying offense, and communities of color. state in prison bed reduction supervision. time in prison. To accomplish the use of a risk/needs tool to • Oregon Crime Victims Law for property and drug crimes. this, services and treatment assess the offender’s needs and Center: Funds two attorneys provided by justice reinvestment likelihood of recidivism. Informed embedded at the Gateway funding use evidence based decision-making, in addition to Center to assist victims; one interventions to target risk determining program suitability attorney will be bilingual factors that are most likely to and availability in the community, (Spanish). result in recidivism as well as are utilized collaboratively in lower barriers to rehabilitation. judicial settlement conferences or Crucial services funded by the through other collaborative case 1 Emily Green, Human Investment: The grant award include intensive Politics of Trying to Keep People Out of management processes. supervision of probationers, Prison (Street Roots, 2015). 11 Multnomah Lawyer Craig W. Russell Pro Bono Spotlight

by Joshua D. Stadtler Young YLS Pro Bono Committee If anyone needs an advocate offered just such an opportunity. to stand by their side, it is a It has allowed Craig to connect Lawyers victim of domestic violence. with his Alaskan roots by This was a lesson that Craig standing alongside victims of W. Russell learned all too well domestic violence while also Section growing up in Soldotna, a small fulfilling the ever-pressing need town of around 4,000 residents of a young litigator to obtain Craig W. Russell in Alaska’s Kenai Peninsula, real courtroom experience.

mb a about 150 miles southwest of Domestic violence is, sadly, just as litigation to young lawyers with Anchorage. More than half of prevalent in Oregon; for example, little real courtroom and case adult women in Alaska have one in seven women aged 18- management experience. Ask the Expert experienced domestic violence, 64 in Multnomah County is Craig’s DVP cases have according to the 2010 Alaska physically abused by an intimate furthered his development as a Dear Experienced Attorney: listening to your clients. What Victimization Survey. partner each year, according well-rounded young litigator, are their goals? What are their I’ve been practicing for a couple Legal Aid Services of to the county’s Department of but they have been immensely sensitivities? A good lawyer of years now and sometimes I feel Oregon’s Domestic Violence Community Justice. rewarding for a different, does not just understand what like I am impeding the progress of Project (DVP) matches pro Since completing the more personal reason, too. As the law is, but understands the a transaction by simply doing my bono attorneys - most of whom preparatory CLEs to participate dissimilar as are small-town clients’ goals and sensitivities and job. I don’t want to hinder deals, are not family law practitioners in December 2014, Craig has Soldotna and big-city Portland, provides advice that is consistent but to help my client, I need to - with victims of domestic represented about one client each they share one unfortunate with both. Often, that requires raise all legal issues, right? violence for representation month in contested restraining similarity: both are beset by the wading through the issues and in contested Family Abuse order or stalking protective scourge of domestic violence. identifying the risks associated Wrong. Raising all possible Prevention Act restraining order order hearings in Multnomah, Through the DVP, Craig is able with the transaction, but not legal issues and discussing them and stalking protective order Washington, and Clackamas to contribute to giving voice raising each and every legal with your client, or worse, with hearings. The cases tend to counties. The cases provide him to those who too often have issue. The less-effective lawyer opposing counsel, can kill a deal. involve an expedited timetable with the chance to familiarize been voiceless and empowering raises legal issues with which Young lawyers often do three main and narrow issues, and require himself with the local bench, those who have long been the client is not concerned, things that hinder a deal’s progress. a court appearance for what gain invaluable experience, disempowered. As much as it complicates the transaction as First, young lawyers often amounts to a “mini-trial” confidence, and comfort in the has been fulfilling for Craig to a result, and may end up killing strive to raise every possible before a family law judge with courtroom, and learn how to represent business entities in the deal. Clients want an advisor legal issue. This is a mistake. As opening statements, testimony of apply the Oregon Evidence Code private practice, the DVP helps to help solve their problem. a young lawyer, there is certainly witnesses, admission of evidence, to real courtroom situations. Such to keep Craig connected - face- To do that, lawyers must help a learning process during and closing arguments. The DVP opportunities are not necessarily to-face - with clients who are clients understand the risks, which it is important to learn to offers an excellent volunteer abundant - but are hugely experiencing far-too-real, real- understand the likelihood of identify all of the potential legal opportunity for young lawyers valued by law firms and clients life problems. each risk, prioritize those risks, issues surrounding a particular seeking litigation experience. alike - for young litigators in Any attorneys interested in and provide solutions. situation. Some of the scariest For Craig, who moved to private practice. Besides his DVP representing victims of domestic Finally, young lawyers deals occur when the lawyer does Oregon in 2011 with his wife practice, Craig has otherwise violence through the DVP incorrectly focus on beating know if he or she has identified Kendra (an attorney at Blunck mostly practiced in the area of can find further information the lawyer on the other side. all of the issues. However, once & Walhood LLC in West Linn) insurance defense in personal online at http://lasoregon.org/ Your job as a lawyer is not to you are able to identify the legal to attend Willamette University injury cases where clients are, getinvolved (under Portland beat opposing counsel, but to issues for yourself, as a lawyer, it College of Law and was admitted understandably, often reluctant Metro Pro Bono Opportunities) accomplish your client’s goals. is equally important to be able to to the OSB in 2014, the DVP has to hand over the reins of active and www.oregonadvocates.org. take the next steps and move past Of course, accomplishing those identifying all possible issues, to goals may require some reasoned identifying those that your client arguments to change opposing cares about and finally, to finding counsel’s mind, but it is a mistake solutions for your client. to allow yourself to lose sight of Second, young lawyers your role in the transaction. Andrea Meyer forget to listen to their clients Being a good lawyer is a YLS Member Spotlight and instead approach each balancing act that requires a great situation as a law student (or deal of knowledge, but the real difficulty lies in evaluating your by J. Mackenzie Hogan young associate) spotting issues YLS President for an exam. The first step to client’s goals and the associated risks to achieve solutions. becoming a good lawyer is Andrea Meyer has been a rising service, the CLEs (although this star on the YLS Membership is something that she truly enjoys Committee since she joined. about the YLS) or the socials. This year she has attended every “I am still pretty new to YLS, YLS Drop-in Social and Toy meeting, attended every event, so one of the things I am most and helped out with the New looking forward to is becoming Drive at Portland Prime Admittee Social. It was at the a resource for attorneys newer to Andrea Meyer New Admittee Social that I had practice than me,” Andrea said. by YLS Membership Committee the distinct pleasure of meeting When asked what her favorite attorneys, either through Young lawyers gathered together at the MBA YLS Membership Andrea, and I can tell that she YLS moment has been so far, volunteer opportunities or Committee’s annual drop-in social and toy drive on Wednesday, has a bright future ahead of her Andrea again reiterated the drop-in socials. It’s always December 9 at Portland Prime. Committee members Amelia Forsberg in the YLS. community aspect of the YLS: fun to meet new people, and and Anaiah Palmer coordinated the collection of the new and Andrea is still new to the “It’s hard to say that it makes my job much more unwrapped toys that were generously given by the MBA community YLS, but that has not stopped one moment is my enjoyable when I get to work and then donated to Toys for Tots. Representatives of the United her from diving in head first. I favorite. Rather, there are on a case with someone I’ve States Marine Corps were present to accept the donations. recently had the opportunity to a number of moments that met at a YLS function.” ask her some questions about sort of fall into the same Andrea works at Chenoweth her involvement and I was category that I would say Law Group and practices general completely blown away by her are my favorite: by far, the civil litigation with a focus on answers. As YLS president, it is thing I have enjoyed most business disputes, environmental important for me to know what about the YLS is getting to issues and estate litigation. Given kinds of things our members know other attorneys in the her attitude and outlook on enjoy about the YLS so that we community. The YLS (and practicing in Portland, I expect can continue to add value as the MBA, in general) has so great things from Andrea. our members grow and age. For many events that make it easy Andrea, it wasn’t the public to get together with other

YLS Board Members Kevin Parks, Tyler Bellis, Mary Tollefson, Mackenzie Hogan, Tyler Volm and Shayda Le

12 www.mbabar.org January 2016

do much to prevent many of the What’s in Your Pocket? abuses electronic discovery is known to be prone to. Smartphones: A New “Safe Ever since the Federal Rules mba yls EVENT of Civil Procedure were amended Harbor” for E-Discovery in 2006 to take into account the YLS Drop-in Social unique nature of ESI, discovery Ecliptic Brewing by Larry G. Johnson battles over what should or 825 N. Cook St., Portland data. Many companies, such should not be legitimate stores Wednesday, January 13 as Microsoft, are following a of information to be preserved 5:30-7:30 p.m. “BYOD” strategy: “Bring Your and produced have been waged Own Device.” Employees agree across the land. Attempts have Please drop in to have a beer with others from the to be bound by company email been made to standardize MBA at Ecliptic Brewing. Light hors d’oeuvres will be and internet usage policies, but a process that lawyers can served. otherwise they use their own understand and follow, such smartphones for both business as the Electronic Discovery No RSVP necessary. and pleasure. Reference Model promoted at So, with just one small device, www.edrm.net. But like many lawyers can easily access a ready things in our adversarial system, repository of all the kinds of e-discovery continues to be a data used daily by people on a war of attrition in too many Tips From the Bench to give actual knowledge of the computer (and phone) that goes cases, especially if the judge litigation. For instance, posting Think for a minute: What with them everywhere. On top of refuses to intervene to establish Continued from page 10 on the property is exceedingly computer do you use that has the the three main communication a protocol to prevent costly and unlikely (as compared to a most information about you in data types previously mentioned unnecessary e-discovery. Be sure your motion is not on commercial publication) to reach it? Your desktop at work? Your - text message content, How refreshing and simple the list in Supp. LR 2.501 before a lienor, or to notify an heir who home PC? Your laptop? The firm’s voicemails and emails (plus it would be to state simply submitting it electronically. was unaware that great-aunt servers with all your emails? attached documents) - there are that smartphones should be Harriet had passed away. The right answer probably added bonuses on smartphones. considered first as the sole ESI Service of Summons and I assure you that substituted is: “None of the above.” Or to These include: source used in the case for Complaint service in these cases is a total be precise: The answer is in • The photos and videos people e-discovery, and perhaps leave Service of process is covered by waste. It requires service at your pocket or purse. It’s your take that are stamped with it at that. In certain types of ORCP 7. Perhaps some lawyers the defendant’s residence; and smartphone. And the reason times and dates; cases, such as family law and struggle with its details, or rely obviously, you don’t have that may not be immediately obvious. employment law, that would on non-lawyers like agents for for persons “wherever situated.” Not only does your smartphone • GPS data from trips taken; seem to be a no-brainer. service of process or secretaries (Seemingly, process servers will sync up with all your emails • Calendars with appointments Adopting federal and state to get service done correctly. reliably turn in invalid service on (regardless of where you wrote and dates preserved; procedural rule changes entails This can be an error with “persons unknown claiming rights or received them), but it also • a long and difficult process, but serious consequences. A default etc.” by pointless substitute service.) produces and retains two very Internet sites visited and the solution for many courts is to judgment does not bind a party Similarly, special rules important data types: voicemail search terms used; adopt local rules and/or model never served. govern service on a decedent. and text messages. And with • Wi-Fi location information; orders to impose a rule of reason The most frequent error I see You can’t serve a dead person proper forensic tools, your and over e-discovery. in foreclosures is fumbled service by substituted service on a ‘co- phone also retains deleted files • Shopping and social network Of course, there is nothing on “all parties wherever situated tenant’ of a dead person. (It has of these data types that can be information. to stop the parties in any given who claim an interest” in the been tried.) You could serve the resurrected. case from adopting their own property or “unknown heirs.” It is from such a cornucopia heirs if you just need to reach In other words, in your guidelines as well as FRCP 29 You cannot serve unknown of information that Portland real property (it passes directly pocket are your most meaningful and state equivalents. A good people without an order of the lawyer and technologist to heirs at law). ORS 115.305- communications and information place in every case would court because you don’t know Tom Howe, for example, has 115.325 tells you how to present you exchange with others in your be to start with the available the “address of the defendant.” developed a unique combination a claim against an estate. life. It’s where you live. smartphones and see what The rule specifically describes of technology and methodology That’s why wise lawyers results are produced. At a only one method for the court Conclusion consider their client’s for extracting all the data on minimum, staged e-discovery to allow: publication. ORCP Don’t rely on non-lawyers smartphone first when preparing smartphones to create PDF almost always makes sense, since D(6). The court has authority or familiar practice to know for e-discovery. This is especially evidence reports for lawyers the information obtained from to allow a different method or the details of procedure. That true in family and employment to review. He contends that the first round of production methods; but originality could carelessness will cost your law cases, where there are often “smartphones today often have informs what you ask for in any result in later challenge to the motion, your argument, or your valuable conversations between the most compelling evidence.” subsequent rounds. judgment. Alternate methods judgment. “Little things make big the parties via text messages and Howe and other e-discovery A final point: What if a party must be reasonably calculated things happen.” voicemails. providers have also simplified the “does a Brady” and destroys his Voicemail is electronically data collection and preservation smartphone, what then? In most stored information (ESI) that process with remote collection instances, the information on lawyers too often forget to ask units. The law firm or client is any smartphone is automatically for, or even know how to ask for. sent the unit and it is used to synced or backed up on the user’s News From the On January 1, the law allowing preserve evidence by extracting Yet for many phone users, that PC, Mac or in the cloud. Courthouse issuance of a kind of emergency is where all their voicemail is. If information from phones and Data these days are more protective order 24/7 went into you did not ask for and receive computers. Clients appreciate “sticky” than ever. And Continued from page 10 effect. The new law authorizes voicemail in your last case, you this convenience because they do smartphone users have yet to issuance of a protective order didn’t do a complete job. not have to give up possession fully catch on to the fact that results of the survey, which the - with the victim’s consent - According to the Pew of their phone and computer for their good friend in their pocket court will then use to improve its when a law enforcement officer Research Center, “Nearly more than a few hours. could well turn out to be their practices where possible. responding to the scene of a two-thirds of Americans own This approach with worst enemy. The number of self-represented domestic disturbance determines a smartphone, and 19% of smartphones has created a litigants continues to remain that a family or household Americans rely to some degree on paradigm shift from preserving Larry G. Johnson is a lawyer in high, and the court is awaiting member has been menaced or a smartphone for accessing online a wealth of mostly irrelevant Newcastle, Washington, and has the results of a small study assaulted. The order expires after services and information and for data on servers and desktops for been a member of the Washington from IAALS (Institute for the seven days and will prohibit staying connected to the world litigation holds, and settling on key bar since 1974. He recently served Advancement of the American contact. A family law judge will around them - either because witnesses’ smartphones instead. on the E-Discovery Subcommittee Legal System) to better understand issue the order if the call comes in they lack broadband at home, or Of course, just as bad facts of the WSBA Escalating Cost why litigants choose to self- during regular court hours, and because they have few options for can make bad law, complex of Civil Litigation (ECCL) Task represent instead of hiring an the “after hours” duty judge will online access other than their cell cases often require complex Force. Besides being a litigator for attorney. Although the study issue it if the call comes in outside phone.” Given the convenience e-discovery. But as one who has the past 20 years, he has served as will likely confirm that financial of regular court hours. and portability of smartphones, litigated cases for 40 years, I a consultant and expert witness concerns are the primary reason, As a means of resolving cases the trend toward greater reliance think preserving and producing in e-discovery matters. He does there may be other reasons as well, more quickly, the Family Law on this kind of computer for ESI from smartphones as the business as Electronic Data Evidence and knowing those reasons can Department hopes to potentially personal and business data can default “safe harbor” in a case, (www.e-dataevidence.com). better inform the court’s response. utilize experienced family law only continue upward. whereby anything beyond that Continuing that theme, the attorneys (who have pro tem Accelerating this trend, even has to be justified (and possibly Learn more at the February 10 court is continuing its efforts and judge appointments) to help with corporate America is relying paid for) by the requesting party Top 10 Electronic Discovery Tips partnership to make the court’s settlement conferences. More more on their own employees’ per federal Civil Rule 26(b) class being taught by Tom Howe. law library more accessible and a information on this possible communication devices and proportionality standards, would See p. 3 for more details. better resource for the public. project will come next year.

13 Multnomah Lawyer

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The Corner Office prof essionalism

and organizations, such 8. Coach a mock trial team at an Diverse Bench as the House of Delegates, under-represented high school and Bar in 2016 Board of Governors, Justice through the Classroom Law Betty Roberts and Mercedes Project. If you can’t commit The MBA thanks Deiz Awards, the MBA to coaching, there are one- The season for New Year’s Professionalism Award, etc. time volunteer opportunities resolutions is the perfect time the annual Family as courthouse guides, mock to highlight an important MBA 4. Mentor, formally or trial judges, or law day Professionalism Statement informally! Join a mentorship facilitators. This is a great way Law Update CLE tenet: “We will support a diverse program such as the MBA to encourage and empower bench and bar.” We all support Mentor Program, OSB’s diverse young people to presentation team this goal in principle, but New Lawyer Mentoring consider legal careers. what next? The following list Program, a mentoring includes 10 specific and doable program through one of the 9. Attend more CLEs and The CLE has been presented annually for decades Oregon law schools, the PSU conferences on access to suggestions for turning good by the Multnomah County Chief Family Law judge intentions to support a diverse Explore the Law Program justice and diversity issues, bench and bar into reality. for undergraduate students such as the Institute for and a great team of lawyers. interested in the law, or Inclusion in the Legal Gary Zimmer has been a presenter since 1989 1. Join a specialty bar by serving as a resource to Profession’s annual Symposia organization and actively with help from his associates who gather the someone you know or meet. on the State of Diversity participate in its events. One class materials. If your mentee is interested and Inclusion in the Legal way to do so is to volunteer in an area of law that doesn’t Profession. If you present on a committee. Many, if cover your specialty, but you CLEs, consider whether there not all, of the specialty bar know someone who practices is a diversity - or access to organizations have some in that area, connect those justice component to your sort of awards/endorsement two with an introductory practice, and implement committee to advance diverse email or coffee. that into a future CLE to lawyers in our profession. build awareness of those For instance, OAPABA, OC- 5. As a supplement to issues among others in your NBA, OGALLA, OHBA, and mentoring one-on- practice area. OMLA formed the Oregon one, learn more about Judicial Diversity Coalition professional development 10. Hire diverse law clerks and through which these programs administered by lawyers. If your firm/employer organizations collaborate the specialty bars, such as has a hiring committee, to schedule judicial OMLA’s Inspiring Minority encourage including people Gary Zimmer (center) and associates endorsement interviews for Attorneys Toward Growth with diverse backgrounds state and federal judicial and Excellence Program, a in your firm as members of Bill Schulte presented until 2008 when Tom vacancies to help diversify retention program for racial those committees to provide Bittner took his place� our bench. and ethnic minority attorneys a variety of perspectives on that have just been admitted employment decisions. 2. Get your employer/firm to Oregon, and consider involved in the OSB Diversity volunteering your time, & Inclusion Department’s The Corner Office is a recurring whether it is to speak on a (D&I) programs. Their feature of the Multnomah Lawyer panel or just to help behind support can specifically and is intended to promote the the scenes. include financial sponsorship discussion of professionalism of the Opportunities for 6. Attend at least one specialty taking place among lawyers in Law in Oregon programs, bar organization’s annual our community and elsewhere. volunteering as speakers, fundraising/award event and/ While The Corner Office cannot etc., at D&I events, and or sponsor a law student or promise to answer every question inclusion in D&I’s handbooks young lawyer to attend, so submitted, its intent is to respond of potential employers for that he or she can be inspired to questions that raise interesting its summer clerkship and by the professionalism and professionalism concerns and Bill Schulte Tom Bittner fellowship programs. excellence of our members. issues. Please send your questions The MBA is fortunate to have such amazing to [email protected] and indicate 3. Nominate and support 7. Donate to specialty bar that you would like The Corner volunteers. Thank you for your many years of diverse attorneys you know organizations. Many, if not all Office to answer your question. service. for awards, recognition, or for of them, provide scholarship Questions may be submitted leadership positions within and/or grant opportunities anonymously. bar sections, committees, for law students, applicants to the OSB, and lawyers.

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Canon Business Solutions isAn pleased OLAF to grant or loan allows ����������� ���������� announce an exclusive relationship with the Multnomah Bar treatable mental health or Association to provide addictionWe can help your issues firm address get these his issues or herand �������� ������������� �� ����� �������� ����� member-only lifeMBA back.members will receive exclusive benefits: discounts on Canon's • No-charge audit of all your network digital imaging and printing costs to help determine overhead and document Whenpotential revenue you helpfor cost-recovery. another This lawyer, rapid- assessment is regularly a $450.00 charge. management �������� ���� you• Canonhelp Business the profession Solutions will extend and a solutions. thefree analysis public of the we members serve. existing document ��� ��������� management technology investment or document �������� management needs and help identify Giveopportunities now. to improve efficiencies and maximize this investment. �������������������������������������� • Member discounts on digital imaging ������������������������� hardware and software solutions. �����������������������

Michael D. Kiel, Legal Specialist Phone: (503) 277-1128 9403 SW Nimbus Avenue Cell: (503) 201-5049 Beaverton, OR 97008 email: [email protected]

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NWIC_Lawyer ad_REV1.indd 1 9/7/07 9:26:02 AM

16 www.mbabar.org January 2016

Meet our newest shareholders, Laura Salerno Owens continuing success and Harry Wilson Free Conference Room Space in Downtown Portland

The Professional Liability Fund is offering Oregon lawyers free use of a conference room located at 520 SW Yamhill Street, Suite 1025, Portland, Oregon. To reserve this space and learn more details about this free conference room space, go to the PLF website, www.osbplf.org, and click on Practice Management, then Oregon Lawyers’ Conference Room.

Special thanks to the law firms of Jaqua & Wheatley and Perkins Coie for their donations of books for the OLCR library wall.

AdeleMBA_2015_PLF_Conference_Room_2 J. Ridenour col x Ciaran4 P. A. Connelly

Adele J. Ridenour and Ciaran P. A. Connelly became partners of Ball Janik LLP on January 1, 2016, enhancing our litigation and insurance recovery legal services.

balljanik.com Portland | Orlando | Salt Lake City Two of our best and brightest have made shareholder. Laura and Harry are truly outstanding litigators who lead by example and exhibit outstanding professionalism. Please congratulate them on their updated status. They have unquestionably earned it.

Free Conference Room

Business Litigation at a Higher Level Space in Downtown Portland The Professional Liability Fund is offering Oregon lawyers free use of a Portland | 503.295.3085 | markowitzherbold.com conference room located at 520 SW Yamhill Street, Suite 1025, Portland, Oregon. To reserve this space and learn more details about this free conference room space, go to the PLF website, www.osbplf.org, and click on Practice Management, then Oregon Lawyers’ Conference Room.

Special thanks to the law firms of Jaqua & Wheatley and Perkins Coie for their donations DisputeWILSON Resolution of books for the OLCR library wall.

Mediation & Arbitration www.wilsonadr.com MBA_2015_PLF_Conference_Room_3 col x 3

O.M. “Met” Wilson 503.972.5090 [email protected]

RESPECTED RESOURCEFUL REASONABLE Arbitration and Mediation Thomas W. Brown MEDIATION • Approved arbitrator for Arbitration Service of Portland A RBITRA TION • Approved mediator for 25 years civil and criminal • Oregon Court of Appeals Settlement trial experience. Conference Program • United States District Court for Oregon Mediation Program • Oregon Environmental Claims Mediation Program MULLEN ADR [email protected] 503-901-6199 Molly Jo Mullen

17 Multnomah Lawyer

Pro Bono Volunteers

Thanks to the following lawyers and law students who donated their pro bono services recently via the Volunteer Lawyers Project, the Senior Law Project, law firm Fire Loss Claims? clinics, the Oregon Law Center, the Nonprofit Project, St. Andrew • 18 years experience as a Legal Clinic, Catholic Charities General Contractor. Immigration Legal Services, Lewis & Clark’s Small Business Legal • Experienced fire and Clinic, Children’s Representation casualty insurance adjuster. Project, and Changing Lives • Available to represent Forever Project. To learn more the insured party in about pro bono opportunities in maximizing recovery from Multnomah County, go to the insurer. www.mbabar.org and click on • Fees contingent on “About Us” and “Pro Bono.” increased recovery. David Bean • Emily Busse • Millard & Bragg Brett Carson • Craig Cowley • Attorneys at Law, PC Micah Davis • Paul Duden • 503-305-7806 Chris Edwardsen • Jon Fritzler • 419 5th Street Oregon City, OR 97045 Anne Furniss • James Geringer www.millardlaw.com • Cory Haller • H olly Hayman Admitted to Practice in Oregon and Washington • Dona Hippert • Theressa Hollis • David Johnson • Samuel Justice • Joshua Kadish • Kevin Kress • April Kusters • William Kwitman • Jennifer Kwon • Elizabeth Lemoine • David Low • Tamara Maher • R iley Makin • Patricia McGuire • Tim McNeil Rediscover the lost art • Mark Morford • Suzannah Newman • James O’Connor of human interaction. • R ichard Parker • G erald Pederson • Theodore Piteo• Cathryn Ruckle • Craig Russell • Solo and small firm clients don’t want to talk to a machine. Philip Schuster II • G eorge Senft Which is why firms like yours rely on Ruby, the highly trained • Joshua Stadtler • Anne Steiner team of offsite receptionists who handle all your calls with the • James Tschudy • Brian Turner • Colin Uhrick • Evans Van perfect mix of friendliness and professionalism. Buren • Aaron Varhola • Emery Wang • Michael Willes

866-611-RUBY (7829) or visit callruby.com

(503) 220-0717 [email protected] BE CONFIDENT IN YOUR LIMITS From $700,000 to $9.7 million, PLF Excess Coverage oers coverage limits that are right Chris Kent for your law firm. MEDIATION & ARBITRATION Visit us at or call 503.639.6911.

30 years of diverse trial, arbitration, and dispute resolution experience for plaintiffs and defendants in a variety of cases, including:

Commercial = Insurance = Business and Personal Injury Torts = Employment = Real Estate = Shareholder and Closely-Held Businesses = Franchise = Securities Disputes

1500 SW Taylor Street

Portland, Oregon 97205 www.kentlaw.com

18 www.mbabar.org January 2016 VLP Special Sam Imperati, JD Donors Mediator & Arbitrator The MBA offers a special “thanks” to the following The Best Lawyers in America® members for donating more than the suggested check-off amount Dispute Resolution to the Volunteer Lawyers Project 2006 - 2015 when paying their 2016 dues.

35 Year Attorney Aaron Baker 23 Year ADR Practitioner Kenneth Baker Jeffrey Batchelor When your client Peter Chamberlain Michael De Muniz needs a resolution Daniel Dziuba Ernest Estes Sara Gabin Keith Garza 503.244.1174 Adam Greenman [email protected] Douglas Hagen Inc. www.mediate.com/icm Shellene Iverson Susan Jewell ResolutionResolutionResolution Services Services Services Mediation,Facilitation Facilitation,– Mediation – Arbitration Leslie Johnson Negotiation, Leadership, and Decision Making Training Mediation,Strategic Fac Visioningilitation, Strategic and Training Visioning & Training Hon. Dale Koch Warren Malter RENT TO OWN James O’Connor original works of art for your home or office Megan Rickert Rachel Rosenberg Richard Sly Hon. Janice Wilson Gregory Zeuthen

CHOOSE FROM OREGON’S LARGEST SELECTION OF LOCAL ARTISTS IN ONE PLACE • More than 200 artists • Nearly 2,000 works of art in various mediums RENTAL SALES GALLERY TUES – SAT 10 A.M. – 5 P.M. SUN NOON – 4 P.M. 1237 SW 10th Avenue [email protected]

Search the collection at portlandartmuseum.org

is pleased to announce:

KeiL MUeLLeR as oUR Newest shaRehoLdeR!

Keil Mueller is a trial lawyer who represents corporate and individual clients in state and federal court, as well as in arbitration proceedings. Keil’s practice emphasizes all aspects of complex business litigation, including shareholder and partnership disputes, securities and financial fraud litigation, contract disputes, and trade secrets litigation. Keil has successfully represented clients in jury trials and arbitration hearings, and has obtained favorable settlements on behalf of clients in numerous other disputes. Oregon Super Lawyers has recognized Keil as a “Rising star” each year from 2012 through 2015. in addition, benchmark Litigation named Keil as a “Future star” for 2015 and 2016. Prior to joining stoll berne in 2008, Keil spent several years as a litigation associate in the New York office of covington & burling LLP.

Nadia dahab as a New associate!

Nadia dahab recently joined stoll berne. her practice focuses on complex business litigation and class action disputes, and includes issues of consumer protection, securities fraud, and intellectual property. before joining stoll berne, Nadia clerked for the honorable Rives Kistler on the oregon supreme court, the honorable Mary h. Murguia on the U.s. court of appeals for the Ninth circuit, and the honorable susan P. Graber, also on the U.s. court of appeals for the Ninth circuit. Nadia is currently the co-chair of the Young Lawyers division of the Federal bar association and a coach for Franklin high school’s “we the People” constitution team.

209 SW Oak St., Suite 500 Portland, OR 97204 (503) 227-1600 www.stollberne.com

19

2colx8_Keil_Nadia_MBA_FINAL.indd 1 12/8/15 10:32 AM Multnomah Lawyer

MBA Member Discounts Legal Northwest Staffing Lawyer publication. In addition, Specialists all classifieds are posted at Bank of the Cascades Discounted pricing on direct hire www.mbabar.org. Member Resource Center Financial services specifically positions and a quality of service MBA office 503.222.3275 designed for attorneys. IOLTA guarantee. accounts with no fees and Office Depot Welcome to the member Update Your Directory Listing Anneke Haslett 503.242.2514 competitive rates, discounted Reduced rates, including resource center, where you will on the MBA Website www.legalnw.com find information of importance The MBA website includes an personal banking services, and significant discounts on regularly to MBA members and the legal expanded online Membership more. MBA Group Insurance Plans ordered items. community at large. Directory and members may now Elise Bouneff 503.499.5931 Hassle-free administration and Douglas Thrush, 1.855.337.6629 update their photos, include a bio, www.botc.com customization of health plans for x16095 law firms. In addition to attorney, Pro Bono Oregon Listserv add links to social networking The Bar Plan Online Court Bonds Ruby Receptionists firm must have at least one W2 Receive a weekly summary of sites and update practice area Streamlined court bond service A virtual receptionist service employee to be eligible. available pro bono volunteer information online. To update with expedited turnaround. based in Portland that seamlessly Steve Doty 503.716.9328 opportunities in your email your listing, login to the Members Cathy Ahearn or Deborah Eller connects you to your callers. www.mbabar.org inbox every Thursday. Listings Center where you may use the 1.877.553.6376 MBA members receive a 6% include the type of case and a email address currently on file in www.mba.onlinecourtbonds.com NAEGELI Deposition and Trial flat discount on the monthly the MBA Directory as your user Discounts on court reporting, plan, a waived $95 setup fee and brief description of the issue and LawPay name. If you do not know your video conferencing and unlimited free voicemail boxes. do not include highly identifying Credit card processing intended password, you may click on the videography. 1.866.611.7829 facts or party names. Sign up by or client-attorney transactions. “forgot password” link to have it 503.227.1544 www.callruby.com/mba sending an email to Reduced processing rates for emailed to you. www.naegeliusa.com probonooregon-subscribe@ MBA members. UPS mail.lawhelp.org. 1.866.376.0950 Newsletter Advertising MBA members can save up to www.lawpay.com/mbabar/ MBA members enjoy reduced 26% on their express shipping rates on display and classified courtesy of UPS. advertising in the Multnomah www.savewithups.com/ multnomahbar

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20 www.mbabar.org