Multnomah Education and Leadership for Our Members and Our Community

March 2012

Lawyers associated for justice, service, professionalism, Multnomah education and leadership for our members and our community

March 2012 Volume 58, Number 3 Est. 1906 Lawyer

For a democracy to endure, its citizens must have the skills, Getting Ready manifest the behaviors and embody the values that accord with democracy. Even in an established democracy such as ours, democracy mba CLE for Democracy must be consciously reproduced, one generation after another. In To register for a CLE, please see 1888, James Russell Lowell warned, “After ourC onstitution got fairly the inserts in this issue or go to www.mbabar.org. An Invitation to into working order it really seemed as if we had invented a machine that would go of itself, and this begot a faith in our luck which even Support Civic the Civil War itself but momentarily disturbed.” But, he added, “This MARCH confidence in our luck with the absorption in material interests, 3.7 Wednesday Education generated by unparalleled opportunity, has in some respects made us Mergers and Acquisitions: The neglectful of our political duties.” Devil is in the Details In 1997, a survey showed that more than 90% of Americans agreed by Susan Marmaduke Steve Bennett that “the U.S. Constitution is important to me,” but only 6% could name MBA Board Director JoDee Keegan all four rights guaranteed by the First Amendment and 62% could not name the three branches of the federal government. Then-Secretary of 3.8 Thursday The Arab Spring has been one of our generation’s most poignant Education Richard Riley said those results suggest that “most Americans ERISA Benefits Litigation: expressions of the democratic impulse. As recently as January, former regard the Constitution like a family heirloom that is kept protectively in Basics and Hot Topics Secretary of State Madeleine Albright disagreed with those who an upstairs sock drawer but never taken out and examined.” Judge John Acosta say democracy cannot survive in the Middle East. She said, “I have Each new generation must acquire the knowledge, learn the skills Megan Glor never agreed with those who say X country or X area is not ready for and develop the values that undergird a constitutional democracy. Katherine Somervell democracy,” and explained, All of those things can be taught. For example, “We the People” is a “ ‘People everywhere want “People everywhere want to be civic education program focusing on the U.S. Constitution and Bill of 3.20 Tuesday to be able to make decisions able to make decisions about Rights for fifth and eighth grade and high school students, sponsored Labor & Employment Law about their own lives.’ ” their own lives.” by the Center For Civic Education. At least one study has shown that Update The unfolding events in the Middle East give familiar questions alumni of that program had significantly higher voting rates than Richard Meneghello new urgency: What does it mean to be “ready” for democracy? Does nonparticipating peers. history inevitably advance the values that support democracy, or Studies have shown that civic education programs are more effective 3.21 Wednesday must those values be taught and if so, how? when they involve participatory methods such as dramatizations Annual Family Law Update Judge Maureen McKnight Many historians view our own revolution in 1776, followed closely and role-plays, at least three sessions, and (not surprisingly) involve Thomas Bittner by the French Revolution, as the culmination of centuries of historical knowledgeable and inspiring teachers. Gary Zimmer events, including wars and plagues that decimated populations and Some attitudes are easier to teach than others. “Political tolerance” undermined feudalism, the discovery of firearms and the art of printing, refers to citizens’ respect for the political rights and civil liberties of all the rise of Protestantism and the European discovery of the New World. people in the society, including those whose ideas they find distasteful. APRIL Political scientist Samuel Huntington described global Political tolerance is more difficult to teach than, for example, 4.3 Tuesday democratization as coming in three waves, with the first beginning in familiarity with democratic institutions. But studies have shown that Litigators’ Tips for Business th the early 19 century when suffrage was granted to the majority of white it can be learned from experiences that require the individual to both Lawyers males in the United States. While the definition of “democracy” is too explain and defend his or her own point of view and to listen carefully Joe Arellano fuzzy to allow for more than approximate numbers, some estimate that to the viewpoints of others. Brad Daniels there were 29 democracies in the world when that first wave crested. Franklin Roosevelt said that the real safeguard of democracy is Marie Eckert Huntington also described “reverse waves,” or reactions against education. Oregon lawyers have excellent opportunities to contribute Barnes Ellis democratic progress. Fascism and communism rose in the 1920s and to civic education. For example: The Multnomah Bar Foundation 30s, and the number of democracies dropped to a mere 12 in 1942. (MBF) has a Civic Education Fund to increase civic education and 4.24 Tuesday The second wave followed the victory of the Allies in World War II. participation across a broad spectrum of citizens through grants and Legislative Update It crested in 1962, with 36 recognized democracies in the world. The special projects. The MBF is developing a series of civic education Chris Garrett second wave ebbed with the resurgence of authoritarianism in the videos focusing on such themes as voting, civic engagement, calming Shawn Lindsay developing world, and the number of democracies fell again between civil discourse, the courts, the balance of powers and the rule of law. 1962 and 1970. They will be distributed to schools statewide and will be featured on MAY Economic growth and the spread of democratic values set the stage YouTube, as well as the MBA and ProtectOregonCourts Web sites. for the third wave, which began in the mid-1970s with the death of TheC lassroom Law Project provides innovative, participatory and 5.2 Wednesday Franco in Spain and the fall of the military government in Portugal, fun civic education programs for 25,000 K-12 students every year. Mandatory Sentencing followed by both countries’ successful transition to democracy. The This year, federal budget cuts have resulted in the loss of one-third Justice Paul De Muniz number of democracies doubled in just a few decades. Some, including of the Classroom Law Project’s budget, making our support of the former Secretary Albright, have described the Arab Spring as the annual fundraising dinner especially important. Jim Westwood, one of harbinger of the fourth wave, a global process driven by international the stars of the MBF civic education videos, will be honored as Legal communications and social media. Citizen of the Year at the dinner on April 24 at the Governor Hotel in In This Issue To the extent this view of history is valid, it suggests a trend toward Portland. Come join us! democracy, but it also shows that there is no straight line: Democracies, Calendar...... 3 Announcements �� 4 like all governments, rise and fall. MBA Board of Directors Slate Announced Ethics Focus �� 4 Group Insurance �� 5 Around the Bar �� 6 The MBA Nominating Committee announces its slate of new Tips from the Bench �� 8 Multnomah Bar Association directors for the term of July 1, 2012–June 30, 2015. A profile News from the Courthouse �� 8 PRSRT STD of each candidate is included on p. 9 and a voting ballot will be MBA Director Nominee Profiles �� 9 620 SW Fifth AVE., Suite 1220 Tom Tongue Profile �� 9 U.S. POSTAGE sent to members Portland, Oregon 97204 Classifieds ��14 PAID Multnomah Bar Foundation ��16 Darcy M. Norville, Tonkon Torp YLS ��Insert PORTLAND, OR Steven L. Shropshire, Jordan Ramis Multnomah Bar Association PERMIT NO. 00082 Bob Steringer, Harrang Long et al 620 SW 5th Ave Suite 1220 Elizabeth Wakefield, Metropolitan Public Defender Portland, Oregon 97204 503.222.3275 YLS Board of Directors Slate Announced Fax 503.243.1881 www.mbabar.org The LY S Executive Committee announces its slate of new directors for the term of July 1, 2012–June 30, 2015. A profile of each candidate is included in the YLS insert and a voting ballot will be sent to members. See insert for all things YLS. Benjamin Cox, Benjamin Cox Traci R. Ray, Barran Liebman Micah R. Steinhilb, Bodyfelt Mount

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MBA Board of Directors President CHAMBERLAIN Steven K. Blackhurst Creative Mediation Arbitration Secretary Approaches Bonnie Richardson to Complex Treasurer ♦ a proven problem solver Julia M. Hagan Problems Past President ♦ trial & appellate experience Sarah J. Crooks ♦ competitive rates Directors Nicholas A. Kampars ♦ available statewide YLS President Keith M. Garza ♦ [email protected] Susan D. Marmaduke ♦ 503.380.5730 Carol J. Bernick Gregory T. Moawad Martha J. Hodgkinson Samuel C. Kauffman Mediated Over 1,500 Cases 503-222-5949 | www.Susan-Hammer.com Sheila H. Potter Knoll & Rhodes Mediation Richard J. Vangelisti Cedric R. Brown Helen M. Hierschbiel An Environment Suited To Christopher J. Kayser Wilson Dispute Resolu�on Dana L. Sullivan Wilson Dispute Resolution Settlement. Media�on and Arbitra�on Mediation and Arbitration Executive Director Judy A.C. Edwards Mediation & Arbitration (503) 972-5090 (503) 972-5090 [email protected] [email protected] Associate Executive Director • Experience Guy Walden • Integrity Resume at www.wilsonadr.com Resume at www.wilsonadr.com Director, Events and Programs O.M. (Met) Wilson Kathy Modie • Solutions O.M. (Met) Wilson

Executive Assistant P.C. and Communications James L.Knoll, ATTORNEY AT LAW #1 - Font: Calibri #2 - Font: Book Antiqua Administrator [email protected] Carol Hawkins Ronald E. Rhodes, P.C. Office and Membership A TTORNEY AT LAW Administrator [email protected] Ryan Mosier

Office and Foundation 503.222.9000 • 1500 SW Taylor St. • Portland, OR 97205 Administrator Pamela Hubbs Wilson Dispute Resolution Wilson Dispute Resolution Mediation and Arbitration Mediation and Arbitration MBF Board of Directors [email protected] Fax: 503-210-7688 President (503)P.O. 972-5090 Box 13365, Portland, OR 97213 (503) 972-5090 Edwin A. Harnden 30 Years Experience as [email protected] [email protected] Vice President a Trial Judge in Hon. Julie E. Frantz Multnomah County Resume at www.wilsonadr.com Resume at www.wilsonadr.com Secretary/Treasurer O.M. (Met) Wilson Timothy R. Volpert O.M. (Met) Wilson Past President More than 1,000 trials Marshall Amiton Peter H. Glade and three decades of #3 - Font: Franklin Gothic #4 - Font: Adobe Garamond Pro Judicial Settlement ARBITRATION AND MEDIATION Directors Conferences 40 Years of Legal Experience Thomas W. Brown Christine L. Hein DEDICATED TO EFFECTIVE Leslie Nori Kay DISPUTE RESOLUTION Email: (503) 201-7275 [email protected] (503) 238-1636 Fax Allyson S. Krueger United States Mediation and Arbitration Sarah J. Ryan 503-223-2671 Charles S. Tauman 503-780-5505 (Cell) Hon. Kathryn L. Villa-Smith [email protected] James N. Westwood PRACTICE LIMITED TO MEDIATION

The MULTNOMAH LAWYER is published 11 times per year by the Multnomah Bar Association, Fire Loss Claims? 620 SW Fifth Ave. Ste. 1220, Jeffrey Foote Portland, OR 97204 503.222.3275 Mediation Advertising is accepted; • 18 years experience as a advertisers(ments) are not General Contractor. necessarily endorsed by the MBA. The editor reserves the right to reject any • Experienced fire and casualty advertisement. insurance adjuster. Resolving issues relating to: DEADLINE for copy: The 10th of the month* • Available to represent the Personal Injury/Product Liability DEADLINE for ads: The 12th of the month* insured party in maximizing *or the preceding Friday, if on a recovery from the insurer. Professional Negligence weekend. Jeffrey Foote, PC Business & Commercial Disputes NEWSLETTER STAFF CONTACTS 503-228-1133 Employment Disputes Editor: Judy Edwards [email protected] Copy & Classified Ads: Carol Hawkins illard ragg M & B www.footelaw.com Display Ads: Ryan Mosier Attorneys At LAw, PC Construction Defects Design: Cyrano Marketing Solutions 503 352-1991 Copyright Multnomah Bar Association 2012 6650 SW Redwood Lane, Suite 330 Portland, OR 97224 ATTORNEYS AT LAW PC Admitted to practice in Oregon and Washington

2 www.mbabar.org March 2012 In Memoriam – William Mehlhaf Calendar and wonderful person. Our respectively. Before joining the To add your organization or firm’s annual events to the MBA online hearts go out to his family at firm as a shareholder in 1989, calendar, contact Carol Hawkins, [email protected]. this difficult time.” he was a partner in two other 3.30 Friday Mehlhaf was a lifelong Portland firms and worked as MARCH YLS YOUthFILM Project film resident of the Willamette an assistant district attorney for 3.7 Wednesday deadline Valley. He grew up in Corvallis Multnomah County. MBA Night at the Spa and received his undergraduate Mehlhaf is survived by his Sold Out and law degrees from OSU wife and daughter. APRIL and Lewis & Clark Law School 3.9 Friday 4.6 Friday April Multnomah Lawyer MBA & YLS Board voting ends deadline 4.30-5.5 Monday-Saturday He just saved OWLS Roberts-Deiz Awards Community Law Week Dinner William (Bill) Mehlhaf, a two hours. Visit www.oregonwomenlawyers. MAY shareholder in the Markowitz, org for details Herbold, Glade & Mehlhaf firm, And a copay. 5.3 Thursday lost his battle with cancer and 3.10 Saturday YOUthFILM Screening at passed away on February 4. Lewis & Clark Public Interest Hollywood Theater Mehlhaf was a seasoned Auction Visit www.mbabar.org litigator and business attorney Visit http://law.lclark.edu/ for details who earned numerous accolades student_groups/public_ during his 37-year legal interest_law_project/ for 5.16 Wednesday career. He was known for his details MBA Lawyers & Law Students professionalism, intellect, work- Golf Event at Langdon Farms ethic and his wry sense of humor. ACLU Foundation of Oregon Visit www.mbabar.org “Bill was a good friend Liberty Dinner for details and we are devastated by his Visit aclu-or.org/dinner loss,” said Peter Glade, MHGM for details 5.21 Monday Managing Shareholder. “He was MBA Annual Meeting & Dinner an excellent lawyer and it has 3.21 Wednesday Visit www.mbabar.org been a privilege to call him my CEJ Movie Night: My Cousin for details partner for the past 22 years.” Vinnie During his tenure at MHGM, Visit www.cej-oregon.org Mehlhaf handled some of the How? He simply emailed his doctor’s office, for details firm’s most significant litigation. instead of leaving work for an office visit. His colleagues remember the My Health Manager online services can meticulous preparation he prevent productivity losses — for you and put into every case, and his your organization — at a time when it’s exceptional ability to capture crucial to do more with less. And these mba EVENT the attention of a jury and services are available at no added charge. communicate facts in a simple Save the Date! and persuasive way. Mehlhaf was kp.org/experience confident and tenacious when th representing his clients, many of MBA 106 Annual Meeting, Dinner & whom became loyal friends. Judges Reception “Bill was a vital part of our All plans offered and underwritten by Monday, May 21 firm,” says Lisa Kaner, MHGM Kaiser Foundation Health Plan of the Northwest. 5-8:30 p.m. shareholder. “The Oregon legal 500 NE Multnomah St., Suite 100, Portland, OR 97232. 483KPA-12/2-12 ©2012 Kaiser Foundation Health Plan of the Northwest Marriott Portland Downtown Waterfront community has lost a fine lawyer 1401 SW Naito Parkway

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3 Multnomah Lawyer Ethics Focus mba announcements limited by the lawyer’s own disclose confidential information March is MBA Insurance Plan Open Enrollment Show Me the business interest. about the case to a litigation Money OSB Formal Ethics Opinion finance company, that doesn’t See p. 5 for details. 2005-133, for example, notes the end the problem. Voluntary Statement of Diversity Principles Available for Your Conflicts and possible conflict between the disclosure of confidential Signature Confidentiality in lawyer’s interest in having the information to a third party The MBA Equality Committee invites you to sign the new Litigation Financing client use litigation financing normally waives privilege and, because it may accelerate under OEC 511, the scope of the Statement of Diversity Principles. Read the statement at payment to the lawyer while resulting waiver is potentially www.mbabar.org/assets/DiversityStatement.pdf, and demonstrate by Mark J. Fucile your commitment to diversity by signing the statement online at Fucile & Reising creating business obligations that quite broad. may not be in the client’s interest. Oregon recognizes the www.mbabar.org/AboutUs/DiversityPledge.html. OSB Formal Ethics Opinion “common interest doctrine,” Comment Period for UTCRs Ends April 18 2005-52, in turn, discusses which as a general proposition possible conflicts on settlement preserves privilege when The state courts are in the process of adopting new Uniform Trial when the lawyer is holding funds confidential information is Court Rules (proposed UTCR Chapter 22) that set additional to which both the client and a shared with another party standards for security, confidentiality and access to information creditor claim an interest. who has a common interest. in filed court documents. The public comment period on these Perhaps the most corrosive The Oregon Court of Appeals proposed rules runs 49 days from publication of notice in the potential conflict, however, discussed the contours of the Oregon Advance Sheets. The text of the proposed 2012 UTCR occurs when the litigation common interest doctrine two changes is at: http://courts.oregon.gov/OJD/programs/utcr/ financing company attempts years ago in Port of Portland v. utcrrules.page. to direct the way the lawyer Oregon Center for Environmental New SLRs 2.011, 7.011, 7.015 handles a case on behalf of the Health, 238 Or App 404, 243 client. A New York City Bar P3d 102 (2010). The argument Visit courts.oregon.gov/Multnomah/docs/CourtRules/ As litigation has grown more ethics opinion from last year as applied to a litigation SLR2012EffectiveFebruary1.2012.pdf to review the newly expensive, “litigation financing” (2011-2, available at www.abcny. finance company would be effective Multnomah County SLRs. has evolved considerably. It’s org) surveys several litigation that confidential information “...‘litigation financing’ has Campaign for Equal Justice evolved considerably.” financing conflicts and zeroes in “...confidential information on this one in particular, noting is being shared to advance The CEJ fundraising campaign continues through March 31. nothing new for firms to have (at 5) that it “raise[s] the specter the client’s case.” Legal aid funding has been cut severely at both the federal and lines of credit to fund operations that a financing company, armed is being shared to advance the state level at a time when the need is great. Please consider generally. It’s also nothing new with information regarding the client’s case. However cogent, a donation of any size. Visit www.cej-oregon.org or call for clients to use financial tools progress of the case, may seek application of the common 503.295.8442 or you may mail a donation to the CEJ at 921 SW ranging from credit cards to to direct or otherwise influence interest doctrine in the litigation Washington Ste. 404, Portland OR 97205. bank loans to pay for legal the course of the litigation.” RPC financing setting is not a Join the Associates Committee of the Campaign for Equal services. In recent years, however, 1.2(a) addresses this same area by foregone conclusion. In Leader Justice for a special Movie Night fundraiser screening of My specialized litigation finance leaving decisions on settlement Technologies, Inc. v. Facebook, Cousin Vinny on Wednesday, March 21, at Hollywood Theater in companies have emerged offering squarely with the client. Inc., 719 F Supp2d 373, 375-77 Portland. Doors open at 6:30 p.m. and the movie starts at 7 p.m. to underwrite specific cases. (D Del 2010), for example, the Suggested donation is $10. In some variants, the borrower Confidentiality court rejected precisely that is the law firm. In others, the East County Courthouse and CourtCare As part of its consideration argument, determined privilege borrower is the client. Although of whether to make a loan, a had been waived and ordered The new East County courthouse is expected to open in April. both are generally permitted, they production of the materials that CourtCare East will not open immediately. The free childcare can present lawyers and their “...a litigation finance company may want the plaintiff had provided to program will first establish the need and then set operating firms with difficult conflict and access to confidential litigation financing companies. days and hours. The building is a LEED Gold designed building confidentiality issues. case strategy and other by LRS Architects. Howard S. Wright is the contractor. LRS sensitive material....” Summing Up Architects are donating the interior design services for the Conflicts litigation finance company may Litigation financing has evolved CourtCare East space and fit out. Conflicts between the business want access to confidential case into a distinct business in recent interest of the lawyer and interest Volunteers Needed to Judge Mock Trial Competitions strategy and other sensitive years. The ABA’s “Ethics 20/20” of the client can occur in many material normally shielded from Commission recently issued a This unforgettable experience for students depends on ways when litigation financing discovery by the attorney-client report on litigation financing the participation of hundreds of educators, attorneys and is involved. The conflicts arise privilege or the work product rule. (available at www.americanbar. other community representatives who serve as judges at the under RPC 1.7(a)(2) and are RPC 1.6 sets both a strict and org). The ABA report did not competition. Regional competitions in Albany, Bend, Hillsboro, triggered when the lawyer’s broad duty of confidentiality suggest any new rules at this Medford and Portland are Saturday, March 3. State finals are at professional judgment on behalf toward clients. Even if a lawyer point, but the topic will likely the Hatfield Federal Courthouse in downtown Portland, Friday of the client may be materially has a client’s permission to remain a lively source of debate or Saturday, March 16-17. Each round is scored by a panel as the cost of litigation continues of three judges, two from the legal field and one educator or to increase. community representative. This year’s case is Lee Cavanaugh v. Cup of Joe. 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MBA Group Insurance Thomas W. Brown Update Respected . Resourceful . Reasonable by Darcy Norville MBA Group Insurance Committee Chair “I am expanding my mediation All of the plans offered through as plan administrator for all of and arbitration practice” the MBA health insurance the MBA plans, provides COBRA program are guaranteed issue, administration for all participating Approved arbitrator for Arbitration Service of Portland which means that no one can be law firms at no charge. turned down for coverage and If you have any questions Approved mediator for Oregon there are no pre-existing condition about the MBA health insurance Court of Appeals Settlement limitations. All of the plans are, program, contact our plan Conference Program from an employer’s perspective, administrator, Northwest easy to administer in that the Employee Benefits, at employer receives one invoice 503.284.1331, or go to www.nebi. and writes one monthly premium com. If you have any suggestions check, even though employees for the MBA health insurance The goal of the MBA health may participate in a multitude of program, contact the MBA insurance program is to provide different plans offered by different Associate Executive Director, 500 Pioneer Tower · 888 SW Fifth Ave · Portland, OR 97204 cosgravelaw.com · 503-219-3806 · [email protected] an array of group health insurers. In addition, Northwest Guy Walden, at 503.222.3275. insurance plans that fit the needs Employee Benefits, which serves of law firms and practices of all sizes and that is both flexible and affordable. The MBA health insurance program is flexible, in that it allows employees of participating firms to select their own plan from a menu of five different plans offered by Providence Health Plan and five different plans offered by Kaiser Permanente. Providing affordable health insurance coverage in an environment of escalating health care costs is challenging. In an effort to ensure that the MBA receives the most competitive pricing available, the MBA Group Health Insurance Committee, through its broker Northwest Employee Benefits, solicited Choose proposals from other group health insurance carriers for its 2012 renewal, but ultimately renewed its Providence contracts with Providence Health Plan and Kaiser Permanente when other carriers declined to submit proposals. for health In order to provide more affordable options in view of rising premium costs, the MBA added new higher deductible, insurance lower premium plans under both Kaiser and Providence, in addition to making modest adjustments to cost-sharing features in the existing plans. The line-up of plans available range from benefit-rich but more Your bar association colleagues expensive PPO plans, to more moderately priced traditional didn’t deliberate for long plans, to lower cost higher - they chose Providence. deductible plans, including high- deductible health plans that may From our excellent service to our be used in conjunction with tax-advantaged health savings large provider network, the verdict accounts. is “Providence Health Plan” at the Although plans are offered Multnomah Bar Association. through Providence and Kaiser, MBA members may obtain Contact Steve Doty at Northwest access to the OHSU and Legacy systems and provider networks Employee Benefits at 503-284-1331 or though either the Kaiser Added [email protected] and request a quote. Choice Plan (Kaiser Plan #3) or Providence Plan #4. MBA dental insurance through both the Providence and Kaiser plans now includes a $2000 maximum orthodontia benefit for both children and adults. Alternative care benefit coverage for chiropractic, acupuncture, naturopathic and massage therapy is available under the Kaiser plans and is offered as an option under 121004_MBA Ad.indd 1 2/16/12 4:02 PM the Providence plans. 5 Multnomah Lawyer

also been selected as a member Around the Bar of the bar’s Fee Arbitration Panel.

Karen Nashiwa Elisa Dozono

Penny Serrurier Stoel Rives Richard Vangelisti Kelly A. Struhs Stoel Rives has been selected as this year’s winner of the Equity Vangelisti Kocher Foundation’s Business Award Richard Vangelisti has been for medium-sized businesses. re-appointed to the OSB The award honorsO regon Professionalism Commission. He and Southwest Washington chaired the commission in 2011. businesses that embrace the Vangelisti is a current MBA diversity of the community. Board member and practices Penny Serrurier, a partner personal injury law in Portland. Donald H. Grim in the Portland office, has been Jeffrey Sagalewicz appointed to OMSI’s Board Greene & Markley The firm has promoted Elisa of Trustees. Serrurier focuses Donald H. Grim has become a Dozono and Jeffrey Sagalewicz her practice on the areas of partner in the firm. His practice to partners. Both are members of tax-exempt organizations and focuses on tax controversy, the Litigation Team. Randy L. Arthur charitable giving, estate planning bankruptcy, commercial litigation, Dozono focuses her practice and administration, business estate planning and probate. on business litigation and law, specifically commercial real succession planning, and personal government relations. She estate transactions. tax and financial planning. Lane Powell is president of the Oregon Allyson S. Krueger has joined Lane Powell received a 2011 Asian Pacific American Bar the firm as of counsel. Her practice Legal Marketing Association’s Association and the former chair will focus on employment law and “Your Honor Award” in the of the Metropolitan Exposition business litigation. Community Relations category Recreation Commission. Randy L. Arthur has been (Northwest Chapter) for John R. Barhoum Sagalewicz focuses on elected president of the board of participation in the Northwest commercial, corporate directors of the Oregon Chapter of Minority Job Fair and for governance, construction, and real Community Associations Institute. continued commitment to estate disputes. He has developed diversifying the legal community. Barran Liebman extensive experience in complex Andrew Schpak, a partner and high-stakes litigation. who represents management in employment law matters, has been named chair of the Frank J. Weiss OSB New Lawyer Mentoring Committee for the second consecutive year. Traci Ray, Director of Jeana M. McGlasson Marketing and Client Services, has been appointed chair of the Dunn Carney OSB Pro Bono Committee. John R. Barhoum and Jeana M. McGlasson are now partners at Roberts Law Group Dennis P. Rawlinson the firm. Gary Roberts joined Jordan M. Curtis M. Burns Barhoum is a civil litigator Roberts in opening a new law and trial lawyer. He specializes firm, located at 520 SW Yamhill in commercial and business Ste. 208, Portland OR 97204, Kristin Bremer litigation, real estate disputes, 503.290.2410. Their practice employment law and tort defense. consists of a wide range of civil Tonkon Torp McGlasson is a member of the matters including will and trust The Oregon Supreme Court firm’s Wills and Estates Team and disputes, divorce, business has appointed Frank J. Weiss Tax Team. Her practice focuses on and personal litigation and to a three-year term on the estate planning, probate and trust protection of the elderly. OSB Disciplinary Board. Weiss, administration, guardianships and a partner in the Litigation conservatorships, and taxation. Department, has extensive trial experience in federal and state courts as well as experience Kieran J. Curley in private arbitration and Eric J. Waxler mediation. Miller Nash Attorney Kristin Bremer Dennis P. Rawlinson and Hiefield Foster & Glascock has been elected to a three-year Kieran J. Curley are the firm’s Curtis M. Burns joined the firm, term on the Board of Trustees new chair and managing partner, where he maintains a diverse for the Portland Institute for respectively. civil litigation practice, with an Contemporary Art. Bremer is a Rawlinson becomes Miller emphasis on personal injury partner in the firm’s Labor and Nash’s first chair. His primary claims and business litigation. He Employment Practice Group. responsibility will be overseeing is licensed in both Oregon and Edward McGlone the firm’s strategic direction Washington. Folawn Alterman & Richardson and representing the firm in the Eric J. Waxler also joined Kate L. Moore Edward McGlone business and legal community. the firm. He will continue to Government law and litigation Karen Nashiwa has joined the Kate L. Moore was elected to Curley, the new managing specialize in the defense of attorney Ed McGlone has firm as an associate, where she the executive committee of the partner, will be responsible for personal injury, products liability been appointed to the OSB will practice in business and OSB Environmental and Natural strategic implementation as well and special investigation matters. Federal Practice and Procedure real estate transactions and Resources Section. as the internal management of He is licensed in both Oregon Committee and Local commercial disputes. Contact Kelly A. Struhs has joined the firm. He is a member of the and Washington. Professional Responsibility Nashiwa at karen@farlawfirm. the firm as of counsel, where her firm’s Business Litigation Group. Committee, Region 4. He has com or 503.517.8202. practice will focus on real estate 6 www.mbabar.org March 2012

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Tips From the Bench News from the Courthouse are self-represented litigants. There was a statewide report by Terry Wright, Court Liaison for how the reduction would be issued in December 2010 that Reflections on Juries Committee applied if it is necessary. This encouraged counties to look reduction will be in addition to at different uses for county Jury Trial Skills Still Matter Courthouse Report - Judge the cuts they had taken over the law libraries. She informed the Waller and Doug Bray last two biennia. If these cuts committee that there is a vast by Judge Youlee You Presiding Judge Waller began have to be made, the court will difference in how law libraries Multnomah County Circuit Court her report by showing the be losing another 25 positions. look from county to county. She Jury Instructions Update committee real time video of TheO regon Judicial noted that an integral part of the East County Courthouse. Department is also requesting eCourt is to provide the public In requesting jury instructions She indicated that there will be that the Legislative Assembly interactive, TurboTax-like for your trials, please be aware three courtrooms plus a well authorize the sale of more state forms, for use by self represented of recent changes to the uniform designed space for CourtCare. bonds in March to support litigants. TurboCourt, the vendor instructions as set forth below. TheC ourtCare interior is being eCourt implementation. selected by the Oregon eCourt Some instructions have been designed by the building’s The last funding issue procurement, is tentatively substantially modified or architect on a pro bono basis. discussed is whether the state scheduled to be under contract withdrawn. You can obtain Judge Waller anticipates an will provide the necessary money and working on these forms all of the civil and criminal opening of the East County to provide equipment and in 2013. Committee members jury instructions for free on Courthouse in April. furniture for the East County suggested that Judges McKnight BarBooks (including the most Courthouse. There and Waller look to see if public recent revisions). Just log in into remains $716,000 to libraries can be brought on board your OSB account and go to the 3. New instructions be obtained; most of to assist with computer access BarBooks section. The committee has created this is for information by the self-represented to the Judges have asked me to three new Employment technology to support TurboCourt interactive forms. remind attorneys to provide the Discrimination instructions, the new courthouse. In response to a question, court with electronic versions eight new Landlord/Tenant Judge Waller noted Judge Waller indicated that her of their requested instructions. instructions, and five new that it is difficult to first month as presiding judge Also, please make an effort to General instructions. UCJI No. explain to legislators went well and she is enjoying consult with opposing counsel 70.19 (Non-Economic Damages and others that the the challenges and new and about jury instructions before - When Required) has been court system is a renewed relationships the trial and, in civil cases, try to withdrawn. East County Courthouse mandatory function. position brings. come to an agreement about the In 2012, the civil instructions She worries that the courts Judge Waller and Doug joint statement of the case. committee will be focusing on Bray reported that the National Torts and Employment Law The MBA CLE on presiding are not seen in that light. She court went well, with several encouraged all Committee Council on State Courts is 1. Civil instructions and is contemplating adding people asking questions about members to contact legislators doing a study on judicial needs, a. Circumstantial evidence some OFLA and Whistleblower the new civil case management about funding the courts, and including Multnomah County. Uniform Civil Jury Instructions instructions to the Employment system. noted that the OSB has “talking Doug Bray noted that the crime (UCJI) 10.01 (Consider All Law chapter. Judge Waller reported that the points” and templates for letters rate in Multnomah County has The Evidence) and 10.08 legislature opened in February; on its Web site. The MBA sent a actually dropped. (Circumstantial Evidence) have Criminal Instructions the Joint Ways and Means letter to the legislative leadership been eliminated and replaced 1. Verdict – jury’s vote Committee Co-Chairs had come in support of the courts. That UTCR Changes by a modified version of UCJI In an attempt to prevent jurors up with a proposed budget, letter was printed in the February Doug Bray noted that there are 10.01 (Evidence). Modified UCJI from disclosing their vote, the but (at press time) the details issue of the Multnomah Lawyer. significant changes proposed to 10.01 incorporates the concepts criminal instructions committee have not been released. If the She hopes that the February the UTCRs. The document is of the former instructions, but modified UCrJI 1015 to include legislature applies to the general forecast will be $50 to 100 million online and can be reached from gives a more detailed explanation the following language: fund the punitive damages paid better than last anticipated. the MBA the Oregon Judicial of circumstantial evidence. “No one except for you, the to the state from the Williams Doug Bray noted that the Department’s Web sites. The Instead of stating generally that jurors, is to be involved in punitive damages judgment, that Multnomah County Circuit comment period ends on April circumstantial evidence is a your deliberations. Therefore, revenue will reduce but probably Court brings in yearly revenues 18, and any rule changes would “chain of circumstances pointing do not tell anyone, including not eliminate any overall revenue in the neighborhood of $49 take effect August 1. to the existence or nonexistence me, how many of you are decrease in the next forecast (in million, while spending only $22 of a certain fact,” the instruction voting not guilty or guilty February). million for its staff and supplies Deposition Guidelines provides an example: until you have reached a In addition to the overall expenses. The revenue the court The MBA Deposition Guidelines, “Some evidence may prove lawful verdict or have been general fund revenue picture, collects is distributed to the approved by the MBA Board a fact directly, such as discharged.” the legislature’s across the state’s general fund or to cities in 1992, have been widely testimony of a witness who board reduction of all state and counties. reviewed and no changes saw a jet plane fly across So far, this instruction has had appropriations by 3.5 % for Judge Waller reported that have been recommended. The the sky. Some evidence may mixed results. Although I have the 2011-13 biennium remains she and Judge McKnight are MBA Board may reaffirm the prove a fact indirectly, such given jurors this instruction, they a concern. Since there was a exploring ways to provide better guidelines this year. Judge as testimony of a witness have nevertheless included their chance this reduction would be assistance for self-represented Waller was asked whether the who saw only a white trail vote in their note to the court restored, the reduction was not individuals. They are planning court would be willing to sign that jet planes often leave. when they have been unable to made by the Oregon Judicial to discuss with the Law Library on to them as well. She agreed This indirect evidence is reach a verdict. Department in its expenditures Board expanding the use of the to take this question to a judge’s sometimes referred to as to date for the bennium. If the law library to include kiosks meeting for a determination. ‘circumstantial evidence.’ 2. New instructions reduction is not restored in for access to services for the Either way, the witness’s Instructions for rape, sodomy, the February session, it will self represented and interns, Ambassadors for the Court testimony is evidence that a sexual abuse and unlawful sexual have to be made effective at supervised by Family Court Carson Bowler briefly reported jet plane flew across the sky.” penetration have been modified on his experience in being a juror to clarify that when the state the end of the month. A 3.5% Services, available in the library cut to the court’s budget now to assist the self represented in during the summer of 2011. Some attorneys are still relies on the forcible-compulsion equates to a 4.7% cut because matters involving the family Committee members requesting former UCJI 10.01 prong of each of those crimes, it it will be spread over less than court. She noted that the usage suggested that the court consider and 10.08. Please check to see if must prove that the defendant the full biennium. Judge Waller of the law library has changed putting comment/feedback your boilerplate jury instructions had a particular mental state in indicated that in 2011 the court significantly since it was first forms in the jury room. are up to date. subjecting the victim to forcible compulsion. developed contingency plans created, and most users now 2. UCJI 70.04 DUII instructions have Please note that UCJI 70.04 been modified for cases (Noneconomic Damages When where the defendant has two Economic Damages Awarded) prior convictions. Also, some March is Open Enrollment Month for the was withdrawn a few years instructions for enhancement MBA Health Plan ago. However, a revision and factors (e.g., persistent reinstatement of UCJI 70.04 is on involvement, deliberate cruelty, the agenda for early this year. vulnerable victim, and threat of Members participating in the MBA Health Plan may make changes, and violence) have been created. those not currently on the MBA plan may enroll. Premiums are available on the MBA web site. For more information, call Northwest Employee Benefits at 503.284.1331.

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Association in 2009 and the Nominated for MBA Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians Tribal Court in 2011. His Director practice areas are civil litigation and appeals, with an emphasis Four, three-year MBA director was admitted to the OSB that on business disputes and matters positions start July 1. A ballot same year. He was admitted to involving public policy. will be sent to members. the Washington State Bar in Bob is the current chair of the 2001. He practices in the areas MBA Professionalism Committee Darcy Norville, Tonkon Torp of water law, environmental and and served on the MBA Pro Bono LLP, graduated from Boalt natural resources law, real estate Task Force from 2007-09. His Hall, UC Berkeley in 1984. She and land use and agribusiness. present OSB service includes the Darcy Norville Steve Shropshire practiced law in Washington Steve has been the co-chair Constitutional Law Executive state from 1984-89 and was of the MBA’s Managing Partners’ Committee, the Board of Editors admitted to the OSB in 1990. Roundtable since 2009; was a for the forthcoming OSB BarBook Her practice areas are general member of the CLE Committee on Oregon Constitutional Law and business, employee benefits and (2001-04) and was on the as a mentor in the New Lawyer executive compensation. MBA YLS Board (2000-03). He Mentoring Program. He has also Darcy is the current chair of recently served both the OSB served on the OSB Public Service the MBA Group Health Insurance and ABA on environmental and Advisory Committee. Committee. She is on the CEJ natural resource sections and Advisory Board and is the 2011- committees, chairing the OSB Elizabeth Wakefield, 12 co-chair for the statewide section. He is a board member Metropolitan Public Defender, campaign. A member of the for The Freshwater Trust and also graduated from Willamette managing board of her law firm, a board member for the Raleigh University College of Law in 1997 she is also the chair of Tonkon Hills Little League. and was admitted to the OSB Bob Steringer Elizabeth Wakefield Torp’s Diversity Task Force. the same year. After graduating She is on the YWCA of Greater Bob Steringer, Harrang Long from law school, she clerked Elizabeth’s MBA service Education Committee and is Portland’s Board of Directors. Gary Rudnick PC, graduated for Multnomah County Circuit includes a term on the MBA on the OSB Constitutional Law from U of O School of Law in Court Judge Linda Bergman (now Judicial Screening Committee Section’s Executive Committee. Steve Shropshire, Jordan Ramis 1998 and was admitted to the retired). Elizabeth’s practice areas from 2007-10 and the CourtCare She also is a Classroom Law PC, graduated from Lewis & OSB that year. He was admitted are criminal defense, juvenile law Committee, 2007-08. She Project Mock Trial Coach. Clark Law School in 1994 and to the Washington State Bar and civil commitments. currently chairs the OCDLA

defense, anti-trust, commercial, time you’re going to do fine. You Tom Tongue patent, trusts and estates. He was have to be patient; get yourself involved in the Weyerhaeuser repotted in different soil if that For the Record anti-trust case, “filed initially by might be better for your growth a mill in Longview claiming that as a lawyer. Both son Tom and I by Judy A.C. Edwards Weyerhaeuser bid up the logs so have been blessed in the respect MBA Executive Director much that it forced them out of of not having to be repotted.” business.... Eventually, the U.S. Outside the practice of law, he’s Our readers tell us that they and second lawyer, to receive Supreme Court reversed the a fly fisherman and has “had the enjoy member profiles and so the MBA Professionalism district court on its instructions good fortune to have some good we offer another in our series on Award in 1990, following Ray Tom and his wife, Andrea … anti-trust laws are to protect fishing inO regon. I have enjoyed local legal icons. The Multnomah Conboy. “My parents were the consumer, not to protect introducing my grandchildren to County legal community is blessed still alive and they were able to because it’s harder to go from a inefficient competitors. In this fishing and I have been fortunate with so many highly ethical, attend the award presentation. business lawyer to a trial lawyer case there was no proof that to fish in Argentina, New Zealand, professional, noteworthy and top- I’ve always considered the than vice versa.” Weyerhaeuser sold its production England, Ireland and Canada too.” notch practicing lawyers, that it is Professionalism Award a very A case he enjoyed the at less than its cost or that In closing Tom said, “I am difficult to choose which ones to special recognition.” most? “Well, as any attorney, I consumers were impacted. There a great fan of the volunteer bar highlight in the newsletter. I would Other accolades include remember the wins more fondly were a number of follow-on cases association and think the MBA like to hear from you on your the OSB Litigation Section than the losses, but it’s not about tried and settled before and after has been and continues to be a suggestions for future interviews. Professionalism Award, the whether you win or lose, but the Supreme Court’s decision.” popular organization because it is Judge Learned Hand Lifetime how you play the game. Look What surprised him when Achievement Award from the in the mirror and know that he entered the practice of law? Tom Tongue is one of Oregon’s Oregon Area Jewish Committee you can say you did your best. “The variety of matters both legal 70 active fellows (members) and he serves on the U.S. It’s also important to modulate and factual and the diversity of of the American College of Supreme Court Historical your emotions and not get too matters that came into dispute. Trial Lawyers (ACTL) and as Society Board of Trustees. high or too low.” A case that he Every case is different and so its current and 61st president, One unique record Tom is learned the most from and found you’re always learning new facts he is spending nearly a third pleased with is having been at very satisfying was the one that and new law. It surprised and of his time this year traveling the same firm for over 43 years. restored the charitable status delighted me and kept me at it all around the country on its Now Dunn, Carney, Allen, of the YMCA. It took 10 years, these years … nothing is forever behalf. Encouraging lawyers to Higgins & Tongue, the original from the mid-80s to early 90s. … something new is always help fulfill the CA TL’s mission name was Morrison & Bailey in When asked about his most coming around.” to “maintain and improve the 1968 when he began his career. enjoyable part of practicing law, The best advice he got was standards of trial practice, the he said, “It’s from Tom Cooney, “Never assume administration of justice and the working the other lawyer will overlook ethics of the profession” is the with clients anything. Be prepared for any Three generations of the Tongue centerpiece of his presentations. who want eventuality. Oregon’s unique family The week before this interview to do things ‘trial by ambush’ requires you to he spoke to lawyer gatherings in the right research both sides of a case and responsive to members; they are New York and Boston. way. There develop your theories and what seeing that it is benefiting them. Setting records seems to be are people your opponent might assert.” Volunteer bar associations are part of Tom’s professional life. who will If he were to choose a legacy, particularly great for new lawyers. Starting with his desire to be try to hire it would be “It’s unique that we’ve The MBA has always been a very the fourth generation of Oregon you because carried on a family tradition welcoming bar for new lawyers.” lawyers, he attended law school they think through my generation and my We hope you agree with Tom. (University of Wisconsin) after you’re the children’s. There have been five You may contact Tom Tongue graduating from the U of O with meanest dog. generations of Thomas Tongues at Dunn Carney Allen Higgins a history degree. His record If someone to practice in Oregon … I would & Tongue at 851 SW 6th Ave Ste The Tongue family since then reveals numerous wants to like to think that I have met 1500, Portland, OR 97204 and honors, too many to recount in know what the standards of the Thomas 503.224.6440. this article but here are a few. The good advice of Bill Morrison to do and wants to do it right, Tongues of Oregon.” He became the MBA’s youngest started him on the path that has these are the folks I really enjoy His advice generally to other president ever at the age of 32, carried him through all these working with.” lawyers is the same he gives his serving during the 1976-77 years. His mentor told Tom that Most of his trials of late son, “Do good work with good term and was the first living, “You should start as a trial lawyer have been legal malpractice service at fair prices and over 9 Multnomah Lawyer

court decisions will lead many the state. Both the sales tax and use What is nexus? What Lawyers for Oregon to the conclusion that your tax chapters of the Revised Code Most business lawyers are client’s constitutional arguments of Washington (RCW) contain comfortable with the process of Businesses Should Know will fall on the deaf ears of most numerous exemptions. determining whether or when a Washington judges. So, you have If the sales or use tax is not client is transacting business in About Washington Taxes to ask, can your client afford to collected from the buyer, the another state so that it is subject pay the tax assessment and the DOR can recover it from the to service of process and suit in by Charles J. Pruitt legal fees necessary to take this tax seller. There is a two-year statute Partner, Wyse Kadish the other state or is required to dispute through the Washington of limitations on any claim by a qualify to do business in the other “nexus” with the state for purposes court system and all the way to the seller against a buyer for failure to state. We also understand that of requiring the company to U.S. Supreme Court? pay sales tax, and the limitation whether service of process on an (a) register with the DOR, (b) Washington’s Tax Structure period begins to run from the time unqualified foreign corporation pay Washington’s Business and Washington’s tax structure is of the sale. If the seller is audited violates the Constitution turns on Occupation (B&O) tax and (c) unique. The retail sales tax, along more than two years after the “traditional notions of fair play and collect retail sales tax on any sales with its companion use tax, are sale, and it ends up paying sales substantial justice.” made to Washington consumers. Washington’s principal tax sources. tax, the statute of limitations as to What we also need to Your client is now awaiting a tax These taxes are made up of a state any claim by the seller against the understand is that, even if your bill from the DOR that will include rate and a local rate. The state buyer will have expired. client is not transacting business an assessment for unpaid B&O retail sales tax rate is .065. Local Unless exempted, every person in Washington for the foregoing tax, possibly an assessment for rates vary depending on location. or entity doing businesses in purposes, Washington asserts uncollected retail sales or use taxes, The second largest source of state Washington is subject to the B&O the right to levy its taxes on L et’s say that you represent an plus penalties and interest. revenue is the B&O tax, which tax. In addition to the state B&O foreign businesses if there is Oregon business that is not In a recent high profile is a tax on gross, rather than net, tax, many Washington cities levy some minimum connection registered or qualified to do case with just those facts, the income. Washington does not their own B&O taxes. The state or “nexus” with the state that business in Washington. One Washington DOR levied $1.7 impose a corporate or personal net B&O tax is imposed on the gross supports the conclusion that the morning your client contact calls million in taxes, interest and income tax. receipts from business conducted business somehow benefits from and tells you that several months penalties against an Oregon retailer It is the buyer’s responsibility within the state. The tax is imposed services provided by the state. The ago the Washington Department that had no stores, employees to pay the retail sales tax, but it is regardless of the profitability DOR defines nexus to mean any of Revenue (the DOR) asked or other physical presence in the seller’s responsibility to collect of the business. The basic rate “activity carried on by the seller in the company to complete a Washington State. the sales tax and pay it to the state. on manufacturing, wholesaling Washington which is significantly questionnaire concerning its Once the DOR makes such an In other words, the seller is liable and most retailing activities is associated with the seller’s ability to business activities in Washington. assessment, your client’s options are to the DOR for sales tax, whether approximately one-half of 1%. establish or maintain a market for Having nothing to hide, the limited. There is an administrative or not it is collected. The tax is Service firms pay a higher tax its products in Washington.” company complied, reporting appeal process available, but on collected by retail merchants from rate. Like the sales and use taxes, Each case must be considered to the DOR that it made sales the above facts your client will the buyers on sales of most items the B&O tax chapter of RCW and decided in the light of its to Washington residents who not get the DOR or the Board of tangible personal property and contains numerous deductions and distinctive factual situation. shopped at its Oregon stores. In of Tax Appeals to budge. There certain services. Businesses that exemptions from the tax. We can be relatively sure that some instances, the Washington is an argument to be made that make a purchase for resale must Persons engaged in selling maintaining an office or other customers had picked up their under the U.S. Constitution the provide a resale certificate to the activities in Washington are physical presence in Washington merchandise at the client’s Portland DOR is overreaching, especially seller. If not, the seller must charge required to be registered with the will establish nexus; that store, but in others your client by equating nexus with physical the buyer retail sales tax on the DOR. If a business should have, delivering goods to customers had arranged for an independent presence and imposing liability on total purchase. but did not register with the DOR, in Washington by any means service to deliver the merchandise the Oregon retailer for failing to The use tax, which is imposed the agency has authority to extend other than the Post Office, to the customer’s home across the collect sales tax. But, as a practical at the same rate as the retail sales its audit period back seven years, UPS or FedEx will establish river in Vancouver. matter, your client will have to pay tax, generally applies in instances rather than the standard four years. nexus; but that merely soliciting Based on its responses to the full assessment and then make where the retail sales tax is not Under the DOR’s rules, the retail Washington residents by mail the questionnaire, the DOR has that argument in a lawsuit filed in collected, such as when goods are sales tax must be collected and and telephone should not. now notified your client that its Superior Court seeking a refund. purchased in another state and reported in every case where the To be continued next month activities in Washington created A cursory review of Washington brought into Washington for use in retailing B&O tax is due.

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membership in 1980. In 2011, and he was a great lawyer. I thought In Memoriam he received the OSB President’s very highly of him. He and I were Special Award of Appreciation for on opposite sides sometimes, but he his “longstanding representation was one of the plaintiff’s lawyers I John D. Ryan of the highest ideals of the thought a great deal of.” December 20, 1920-December 19, 2011 legal profession, his exemplary Don Marmaduke shared the commitment to excellence in the following with us. “John Ryan was Excerpts were taken from The Oregonian service of Oregon citizens and as a a very special man. He thought model for new lawyers.” about those around him more than by Judy A.C. Edwards Following his honorable “…[T]hroughout his legal he did about himself. When he MBA Executive Director discharge in 1946, Ryan attended career John saw the disabilities was present things seemed livelier Lewis & Clark Law School. that illiteracy brought to young and brighter. He felt the joy of life, L ong time lawyer and MBA After receiving his JD, he “built prisoners and others struggling and his Irish wit and way with member John D. Ryan passed a distinguished and courageous to make it in the world. This words allowed others to see what John D. Ryan away one day short of his 91st legal career for the next 60 years, awareness led him to help establish he saw and feel better themselves. birthday. Ryan was known as a becoming known as a lawyer who the Londer Learning Center in His spirit will live on in his poetry Ryan published three books “lawyer, poet, author, orator, wit, stood by his clients every step of northeast Portland, a GED and and in our memories.” of poetry and two cookbooks literary activist, friend and the best the way just because they needed literacy program, helping scores I first met Ryan when we since 1989; his most recent book, kind of husband.” He had been a his help.” of people in transition to find interviewed him for the MBA published in 2010, was a biography member of the OSB since 1950. He received a number of their way to better lives because 100th anniversary video in 2005. titled, One Man’s War. A line from Born in Portland, Ryan attended honors, including the MBA they could read and write.” The Not only did he keep us laughing, John’s poem Futurity reads, “When Professionalism Award in 1997, the program started in 1992; the his intellect and professionalism this place ends I will be a memory; Catholic Lawyers for Social Justice program’s first year saw four adults shined throughout. We thank him My lasting, At the enduring, Of Award, the OTLA Distinguished graduate; in 2011, 75 graduated. for how he inspired generations of others who remember.” Trial Lawyers Award and the Tom Cooney knew him “and lawyers who knew him. His effect Ryan is survived by his wife American College of Trial Lawyer his brother for a long, long time on us will be lasting. Virginia Wilson Ryan.

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Ryan receives the Professionalism Award at the 1997 Annual Dinner Grant High School and Fordham University in New York City; he served as student body president at both schools. “When World War II looked as if it would interrupt his college studies, John convinced the Fordham Dean to begin a summer school program so he Honoring Michael D. Schrunk and his classmates could graduate Friday, April 13, 2012, 6:00 p.m. early in order to enlist and serve The Nines in the war. It was in his years of Portland, Oregon military duty that he developed Business Attire a literacy program for members information and registration of the Armed Services. He also (541) 346-3970 or http://www.uoregonlaw.com/frohnmayer2012 served as a scriptwriter in the AAF First Motion Picture Unit, Culver City, California with subsequent assignments to Visit Oregon Law Online: law.uoregon.edu combat theaters in Europe.” EO/AA/ADA institution committed to cultural diversity.

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the planning committee for Judge Darleen Ortega Opportunities for Law in Oregon Receives OHBA Professionalism Award (OLIO), an orientation program for ethnic minority students Like Chief Justice De Muniz, entering Oregon’s law schools. Judge Ortega has worked She also hosts weekly discussion tirelessly to promote, support groups for first-year students at and encourage minorities and Willamette University School Latinos in the legal profession, of Law and Lewis & Clark Law while demonstrating an inspiring School. She nurtures mentoring level of professionalism. She has relationships with many law served on the Oregon Court of students and new lawyers Appeals since 2003. She is the throughout the state, including first woman of color and the first many ethnic minorities. Latina to serve on any Oregon OHBA is the local affiliate appellate court. Before joining of the Hispanic National Bar the court, she practiced law in Association. More information The Oregon Hispanic Bar Detroit, Michigan (1989-92) about the OHBA can be found at Association (OHBA) honored and then in Portland, where she www.oregonhispanicbar.org. the Hon. Darleen Ortega of specialized in complex civil cases The MBA congratulates Judge the Oregon Court of Appeals and appeals (1992-03). Ortega on her award. with the 2012 Paul J. De Muniz Judge Ortega is a frequent Professionalism Award, in speaker at continuing legal recognition of her considerable education programs and to law contributions to the promotion student groups on equipping of minorities in the legal women and minorities to profession and the community at succeed as lawyers and large. Last year’s award recipient, improving understanding among Benton County District Attorney the diverse groups that make up John Haroldson, presented the Oregon’s legal profession and award at the organization’s 6th the community it serves. For Annual Award Dinner. several years she has chaired

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Advantages of MBA Plans Each Employee Can Select a Plan From a Menu of 10 Available Plans • Law firms of any size eligible to enroll • Non attorney staff also eligible PROVIDENCE KAISER • Covers offices located outside Oregon • 1 EPO Plan • 2 HMO Plans • No Health Statement - Guaranteed Issue • 2 PPO Plans • 1 PPO Plan • Covers all pre-existing conditions • 1 H.S.A. Plan • 1 NEW H.S.A. Plan • 1 H.R.A. Plan • 1 NEW H.R.A. Plan n NEW • Easy administratio • Nationwide PPO • Coverage for • COBRA administration provided at no cost Network alternative providers • Discounted Fees for Section 125 Flexible • Coverage for • Dental and Vision Spending Account Administration alternative providers • Life and Disability Income Coverage Available • NEW H.R.A. Administration Available DENTAL AND VISION • Oregon Dental Service (ODS) For more information, contact: See any dentist • Vision Service Plan (VSP) Northwest Employee Benefits, Inc. 4300 NE Fremont, Suite 260 Portland, Oregon 97213 On the website, click on “Benefits Login.” 1-800-284-1331 The password is: MBA (all caps). www.nwebi.com

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13 Multnomah Lawyer

with at least three years of of a project team may also Opening for a Family Law litigation experience to join our be required. Additional Associate Powers, McCulloch & Classifieds construction practice group. duties will include: Project With a minimum of 4 years Bennett, LLP welcomes Successful applicant will have Management; Business experience. Please send resumes Mary L. Dougherty as good academic credentials, Development Support, as a to Debbie Appel at debbie@ a Senior Associate. Space construction expertise and subject-matter expert; Expert snyderattorney.com. excellent analytical and writing testimony; Coordination Corner Office With View skills. Must be a member in across multiple business units; The Portland, Oregon Office Downtown office space now good standing of Oregon State Analysis of legal and regulatory Of a national labor and available on upper floor of the Bar; Washington State Bar documents; Advice and guidance employment law firm American Bank Building, across membership a plus. to assigned clients; Leadership representing management, is street from Pioneer Square. of project teams; Development seeking a junior employment Amenities include: receptionist, 4. Experienced Associate – of and stewardship to estimates, litigation associate with 1-2 secretarial space, library, CivilMary Litigation L. Dougherty Trial Support has plansMary and L. budgets; Dougherty and has years of experience. Must have conference rooms, photocopiers, Cosgravejoined Powers Vergeer McCulloch Kester LLP Respondingjoined Powers to RFPs McCulloch or RFIs in law firm experience and top telephone equipment and kitchen. is seeking a& Bennett, lateral associateLLP as to private& or Bennett, public sectors. LLP as academic credentials. Must be Free use of gym in building. Office providea Senior legal research, Associate. analysis, Fora Seniorposition Associate. details and to admitted in Oregon. Please send shared with a 12-attorney AV firm. writing and other trial support apply, visit CAREERS at resume to Sheryl McGowan, After clerking for two years at After clerking for two years at the After clerking for two years at the Oregon Tax Court, Mary Call Scott 503.228.8448 or email www.epiqsystems.com. Recruiting Coordinator, Fisher forOregon our civil Tax Courtlitigation, Mary teams. opened the Oregon Tax Court, Mary opened a solo law practice [email protected]. A aminimum solo law practice of five emphasizing years opened a solo law practice & Phillips LLP, via email to emphasizing tax, business, litigationtax, business, experience and estate is planning. required. emphasizing tax, business, [email protected]. and estate planning. In her Oregon City Office WillIn work her new closely position, with she other will and estate planning. In her new position, she will continue continue to represent individuals new position, she will continue to represent individuals and John Henry Hingson III has one attorneysand closely on held cases businesses through with the to represent individuals and closely held businesses with office available in his building litigationtransactions cycle and developing tax issues. Shetrial closely held businesses with transactions and tax issues. at 409 Center St., Oregon City. strategy,was recently preparing appointed dispositive to the transactions and tax issues. She She was recently appointed to Close to elevator; off-street motionsLegal Heritageand other Committee pretrial , was recently appointed to the the Legal Heritage Committee, and she is the current Treasurer Legal Heritage Committee, and and she is the current Treasurer parking; law library; conference courtof Queen’s submissions. Bench, the O regonPortland Bar she is the current Treasurer of of Queen’s Bench, the room; share copier, fax, etc. with membershipchapter of Oregonin good Women standing Queen’s Bench, the Portland Portland chapter of Oregon three other lawyers. is required.Lawyers. She is also a co-founder chapter of Oregon Women Women Lawyers. She is also Contact John Henry Hingson of Ctheosg Taxationrave’s attorneys Section Mentor are Lawyers. She is also a co- a co-founder of the Taxation Program and a Past-Chair of the founder of the Taxation Section Section Mentor Program and III, phone 503.656.0355, email committedNew Tax Lawyerto providing Committee . Mentor Program and a Past- a Past-Chair of the New Tax [email protected]. extraordinary representation Chair of the New Tax Lawyer Lawyer Committee. and service to clients who range Committee. Contact info? One Window Office Downtown from individuals and small [email protected] Contact info? 503-228-8588 Portland business owners to national and In six-lawyer suite, reception, international corporations. We secretarial space available, offer a unique opportunity to conference rooms, phone, develop professionally in a collegial Internet, FAX, new copier, on working environment among site parking. 1618 SW 1st Ave. many of the best trial, appellate and Call 503.224.2301 or email Ron business lawyers in Oregon. Jonnel Covault, Moment’s Rest, 2004 at [email protected]. Cosgrave Vergeer Kester offers a full range of benefits Art for rental and purchase Positions and competitive compensation. Qualified applicants should A rich resource for the art of our region, the Rental Sales Gallery represents over 250 artists — all from Oregon — with an inventory Cosgrave Vergeer Kester send cover letter, resume of over 1500 works in a variety of mediums. You are sure to ﬁ nd Seeks Four Associates (with references), law school transcript, job application the perfect works of art for as low as $40 for three months. 1. Experienced Associate – and writing sample to: Financial Services Litigation Search our collection at portlandartmuseum.org. humanresources@cosgravelaw. Cosgrave Vergeer Kester LLP com, or Gloria Martin, Human is seeking an associate with at Resources Director, Cosgrave least three years of experience in Vergeer Kester LLP, 888 SW mortgage litigation, real estate 1237 SW 10th Avenue in the Eliot Tower 5th Ave. 5th floor, Portland OR litigation and defense of financial 503.224.0674 [email protected] 97204, Fax: 503.323.9019. services institutions. Successful Cosgrave Vergeer Kester LLP applicant will have State and is an equal opportunity employer. Federal court experience, strong We welcome all applicants and academic credentials, with strive to provide a workplace excellent research, analytical and in which all employees feel writing skills. Must be a member Mediation • Arbitration included, respected, and valued. in good standing of Oregon All inquiries will remain in Experienced State Bar; Washington State Bar confidence. 41 years in litigation membership a plus. 22 years in arbitration Epiq Class Action & Claims 2. Experienced Associate – Solutions (ECA) Trusts, Estates And Business Effective Located in Portland Oregon, Cosgrave Vergeer Kester is seeking a Project Director to LLP seeks a lateral hire to join head up the administration of our business practice group. major class action settlements. Successful candidate will The person in this position have established client base of (503) 223-6121 should have the educational relatively sophisticated trust and background and experience estate planning, administration to translate court orders, and tax, and expertise in general regulations and settlement 2301 NW Thurman Street, Suite J business, tax and charitable agreements into consistent, organization transactions. Portland, Oregon 97210-2581 logical administrative processes Exceptional writing, analytical [email protected] and provide advice and guidance and interpersonal skills, excellent to clients about the practicalities law school academic credentials of handling specific instances of and an entrepreneurial approach claims or other circumstances to the practice are essential. within a Settlement in which Admission to Oregon Bar ECA’s clients are engaged. The slate of MBA and YLS Board required and to Washington Bar webcheck The primary goal of candidates is in this issue. Watch preferred. this position is to manage your email for a link to your ballot. successfully the relationship Voting closes on April 6 at 5 p.m. 3. Experienced Associate – with assigned key clients Construction Litigation and to provide oversight for Cosgrave Vergeer Kester their projects. For certain LLP is seeking an associate projects, direct management

14 www.mbabar.org March 2012

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A week at Harvard University Cloke’s mediation class was one of heart and mind. Cloke stressed that in mid-July hardly cracks several offerings. Fox, a lecturer we customarily opt for resolving Carey Haladay the usual list of top summer at Harvard Law School, led a class conflict at a superficial level: the Super Lawyers Rising Star vacation ideas. But the chance called Beyond Yes One, referring level of mere settlement. Mediators to participate in a cutting-edge to the negotiation bestseller co- afraid of radical open-heartedness, program integrating Western authored by Fox’s mentor, Roger or unskilled at handling the Gary Zimmer conflict resolution with ancient Fisher of Harvard, but cross- deepest levels of conflict, miss the Angela Bentz Super Lawyers Top 10 in Oregon Eastern wisdom and meditation fertilizing negotiation techniques opportunity to help people achieve Super Lawyers Rising Star Best Lawyers in America traditions was educational, with insights, skills and spirit- deeper levels, including forgiveness, 20 years in a row inspiring and transforming. energy to enable negotiators to transformation and transcendence. operate at their highest levels of �� Judges, mediators, and lawyers body and mind. Before class each morning, we �� gathered from all over the world for participated in either a movement two, week-long sessions. My own In the second week, a prominent or yoga class followed by 30 �� Advanced Mediation class with trio offered emerging roles for minutes of guided meditation. �� world-renowned mediator Ken lawyers. David Hall’s new book e demonstrated benefits of Cloke drew attendees from every captures the spirit of this class. It is incorporating meditation into �� ZIMMER FAMILY LAW, LLC corner of the globe and the US. entitled e Spiritual Revitalization a professional practice include of the Legal Profession: A Search for increased empathy and insight, Sponsored by the Harvard Sacred Rivers. reduced reactivity, and greater P: 503.295.6191 | F: 503.294.0108 | www.ZimmerFamilyLaw.com Negotiation Insight Initiative attention and attunement. Harvard, TEMPORARY & PERMANENT PLACEMENT (HNII), a relatively new offspring A dominant theme running Yale and other top law schools have C4.AVD.78.0208.Furn.v5 2/21/08 1:42 PM Page 1 of the Project on Negotiation at through the program is that to offered courses in meditation, and LEGAL NORTHWEST the law school, the program is resolve conflict with others at a several top-tier law firms have held the brainchild of its executive deep and enduring level, we must trainings for lawyers. director, Erica Ariel Fox. first work on ourselves. We can STAFFING SPECIALISTS e program’s mission is “to establish peaceful resolution of HNII also holds autumn broaden and deepen the way we conflict with others only if we – workshops. e MBA is discussing understand, teach, and practice mediators, negotiators and judges a joint HNII-MBA conference to negotiation and dispute resolution – bring an authentic, peaceful be held in Portland next year. by integrating insights from the presence into the mediation or world’s ethical, philosophical, and settlement arena. To do that, we Michael Dwyer is a mediator and �� 700 SW Taylor Floor 2 spiritual traditions.” must be fully engaged in body, lawyer with Dwyer & Miller, and Portland, Oregon 97205 is the President-Elect of the MBA. ��Tel 503-242-2514 ��Fax 503-274-7895 ��www.legalnw.com [email protected]

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Canon Business Solutions is pleased to �� announce an exclusive relationship with the Multnomah Bar 15 Association to provide We can help your firm address these issues and �� member-only MBA 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 potential revenue for cost-recovery. This rapid- assessment is regularly a $450.00 charge. management �� Canon Business Solutions will extend a solutions. free analysis of the members existing document �� management technology investment or document management needs and help identify �� opportunities 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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and is the treasurer of the National emphasizes Multnomah Bar Foundation Association of Women Judges. employment advice She is currently on the boards of work, policy review Habitat for Humanity Portland/ and investigating MBF Elects New Officers and Directors Metro East and the I Have a workplace Dream Foundation. misconduct. Allyson by Pamela B. Hubbs Thom Brown, Partner, is the past chair of MBA Office and Foundation Administrator Cosgrave Vergeer Kester was his the OSB’s Labor firm’s managing partner from and Employment The MBF has elected Ed Harnden, of the Year award in 2011 and the 1994-10 and remains chair of Law Section, vice Barran Liebman to serve as Judge Learned Hand Lifetime the firm’s multi-sector litigation chair of the Oregon Ed Harnden Hon. Julie Frantz president and Hon. Julie Frantz, Humanitarian Achievement practice group. Thom’s practice Association of Multnomah County Circuit Court award in 2009. He was the OSB focuses on civil appeals in state Defense Counsel, to the position of vice president. President in 2001, president of the and federal courts, insurance past president of New directors are Thom Brown MBA from 1996-97 and is a past coverage opinions and litigation Oregon Lawyers and Allyson Krueger. president of the PLF. and professional liability defense. Against Hunger Ed Harnden, Managing Hon. Julie Frantz, Multnomah Thom served as MBA President and past president Partner, Barran Liebman, has County Circuit Court, has been from 2007-08, is on the board of and current board been in practice since 1972 and on the bench since 1994 and directors for the Classroom Law member of the U has specialized in the handling of is the Chief Criminal Judge. In Project, the board of visitors for of O Law School employment dispute resolution, 1992, she became the first woman the Lewis & Clark Law School Alumni Association. arbitration and litigation since president of the OSB and received and is a former board member of See the full 1974. Ed serves on the Campaign the MBA Award of Merit. She is ALFA International. MBF Board at Thom Brown Allyson Krueger for Equal Justice Board, received the former president of the Oregon Allyson Krueger, Dunn www.mbabar.org/ the Henry H. Hewitt Access to Law Foundation and the Oregon Carney Allen is an employment Foundation. Justice award and the Legal Leader Circuit Court Judges Association, lawyer whose practice

16 www.mbabar.org March 2012

CLE Young Lawyers Section Seminars are worth 2 OSB credits unless otherwise noted; 2 Washington MCLE credits can be

obtained independently. Registrants who miss the seminar may request the written materials. mb a Substitutions are welcome. Registration fees are non-refundable. Please see the descriptions of MBA CLE seminars and events on both sides of this insert. Photocopy, complete and mail or Second Jobs that Serve fax the registration form (see the opposite side) with payment to the MBA to reserve your space. Or register online and receive a $5 discount. as Creative Outlets Self-study materials from past CLE classes may be downloaded from the MBA website at www.mbabar.org. by Eva Marcotrigiano March 7, 2012 Mergers & Acquisitions: YLS Futures Committee Wednesday 3:00-5:00 p.m. The Devil is in the Details L iving in Oregon, many lawyers Join veteran dealmakers JoDee Keegan, partner at Dunn Carney lead exciting and varied lives World Trade Center Allen Higgins & Tongue and Steve Bennett, partner at Powell outside of the legal arena. What Mezzanine Room McCulloch & Bennett for an in-depth discussion of the key you may not know is that some 26 SW Salmon, Portland documents and provisions appearing in today’s business sale of these lawyers are also involved transactions. Our discussion will review specific examples of the in second occupations outside Members $55 language and impact of key components in current purchase of their “day” jobs. While these Non-members $85 documents. side jobs may not pay the bills, they serve as alternative creative For more information: Call Todd Cleek, Attorney at Law at outlets to a career that has a way 503.706.3730. With registration questions, call the MBA at of taking over. 503.222.3275. John Knowles, shareholder at Davis Rothwell et al and March 8, 2012 ERISA Benefits Litigation: Judge Pro Tem in Washington Thursday County, began his livelihood as a job. His family has been very Basics and Hot Topics home builder in Colorado prior supportive of the project as well. 3:00-5:00 p.m. Working on the Clutch in the The MBA presents a two-hour program on Employee Retirement to law school. Today, Knowles evening and on weekends, Daigle World Trade Center Income Security Act (ERISA) insurance litigation. ERISA broadly balances his successful complex could physically demonstrate a Mezzanine Room preempts otherwise applicable state law and gives the federal courts civil litigation practice with solo tangible product to his family - 26 SW Salmon, Portland jurisdiction over most lawsuits relating to group health, disability performances as a jazz singer he now has something that they and life insurance. Many practitioners are unaware of ERISA’s in local Portland jazz clubs and Members $55 can see and feel, a gadget that significant impact on such lawsuits – until it is too late. singing with local bands. Not only Non-members $85 is Knowles a lawyer musician, they understand - as opposed to A vast body of case law exists regarding a myriad of ERISA issues, but after taking a strenuous amorphous legal work. including preemption, removal, exhaustion, time limitations, online exam, he now performs Yet another lawyer with standard of review, discovery limitations and no jury trials. This wedding ceremonies for friends a second job is yours truly. program will address these and other issues, including recent and colleagues. While the fun A handful of attorneys in developments. The class will be presented by Judge John Acosta, money is nice, Knowles warns the Portland area have been United States District Court, Megan Glor, Attorney at Law and young attorneys that his non-legal participants in my indoor Katherine Somervell of Bullivant Houser Bailey. Any attorney who endeavors are truly hobbies and cycling classes (otherwise known may be involved in litigation relating to group health, disability or are not always paying gigs. as “spinning”) at the gym in life insurance should attend this program. You may recognize attorneys southeast. I have been teaching for 10 years now, and find it to For more information: Call Sim Rapoport of iBridge at Jamie Daigle and Bryan Churchill, be a fantastic stress reliever and 503.906.3933. With registration inquiries, call the MBA at who were recently featured in The serious change of gears from my 503.222.3275. Oregonian, PC World, the Mac Observer and the ABA Journal for own day job as a civil litigator. March 20, 2012 their innovative The Top 12 Labor & Employment iPad tool, the Tuesday Law Updates for 2012 “Clutch.” Daigle, 3:00-5:00 p.m. an experienced As always seems to be the case, the past 12 months have seen some civil litigator at World Trade Center monumental changes in the area of labor and employment law. Stewart Sokol Mezzanine Room Oregon lawyers will once again need to adapt their practices to & Gray, began 26 SW Salmon, Portland deal with the changes. Come to this presentation to learn the top developing the 12 things that have changed or will be changing for 2012, including Members $55 Clutch with a case law update, new statutes and regulations, and other national Non-members $85 Churchill, a and local trends that are sure to be on the horizon for employment Salem attorney, lawyers. This class will be taught by Richard Meneghello, the in summer 2010. managing partner in the Portland office of Fisher & Phillips LLP. Daigle advises The Clutch For more information: Call Jennifer Nelson of Littler Mendelson that if you are In fact, my legal career benefits at 503.221.0309. For registration questions, please call the MBA at going to get involved in a second greatly from my spinning 503.222.3275. job of sorts, “pick something that you love, something that is fun for instructor alter ego, as I am able you, because otherwise it is just to practice my public speaking March 21, 2012 Annual Family Law Update going to be work.” while my body is under stress Wednesday On March 21 the MBA will hold its annual two-hour Family Law Furthermore, Daigle twice a week. It is abundantly 3:00-5:00 p.m. Update. Judge Maureen McKnight, the new Chief Family Court Judge emphasized that you have to clear, however, that as much as I like what you do during the love teaching and my students, World Trade Center forMultnomah County, will be joined by Thomas Bittner of Schulte, Anderson, Downes, Aronson & Bittner and Gary Zimmer of Zimmer day and maintain a solid law my second job is not helping to Mezzanine Room Family Law. Our speakers will provide family law practitioners practice, because it is still the pay off those student loans. 26 SW Salmon, Portland with information on changes to Multnomah County Circuit Court legal career that is paying the So, keep plugging away at Members $55 procedures well as valuable updates on appellate case law. bills. Right now, not only is your legal career. However, if Daigle not getting paid for his there is something out there that Non-members $85 For more information: Call Caroline Harris Crowne of Tonkon time and efforts with the Clutch you enjoy and you might make Torp LLP at 503.802.2056. For registration questions, please call the thus far, but the upfront costs of a few extra dollars doing so, a MBA at 503.222.3275. producing such a tool are huge. “second job” might just be the Luckily for Daigle, he could perfect outlet for you. CLE Classes continued on next page test prototypes of his iPad tool by simply using them at his day 17 Multnomah Lawyer

April 3, 2012 Litigators’ Tips for Business Lawyers Tuesday This two-hour class will provide suggestions for business lawyers from a panel of trial lawyers, based on their years of 3:00-5:00 p.m. experience litigating business disputes. Topics will include corporate governance issues and common issues in business contract World Trade Center - Mezzanine Room disputes. Our panel will include Barnes Ellis and Brad Daniels from Stoel Rives, Joe Arellano from Kennedy Watts Arellano & Ricks and Marie Eckert from Miller Nash. 26 SW Salmon, Portland Members $55/Non-members $85 For more information: Call Jay Hull, Davis Wright Tremaine at 503.778.5346. With registration questions, call the MBA at 503.222.3275 April 24, 2012 Legislative Update Tuesday Note: This Class Will be Worth One General MCLE Credit 12:00-1:00 p.m. Please join two lawyer legislators to learn about the developments that took place during the Oregon State Legislature’s 2012 World Trade Center session. This CLE will cover recent changes to criminal and civil laws that may affect your practice or your clients’ interests. Plaza Conference Room Panelists include two members of the Oregon House of Representatives: Chris Garrett, a litigator at Perkins Coie, and Shawn 26 SW Salmon, Portland Lindsay, a business and intellectual property attorney at Lane Powell. Members $35/Non-members $55 For more information: Call Heidee Stoller, Ater Wynne at 503.226.8616. With registration questions, call the MBA at 503.222.3275. May 2, 2012 Mandatory Sentencing: The De Muniz Commission Report Wednesday Note: This Class Will be Worth One General MCLE Credit 3:00-5:00 p.m. Over the last 30 years, Oregon’s average annual prison population has grown by 448% while the state’s violent crime rate World Trade Center - Mezzanine Room has fallen by 45%. Over the last 15 years, Oregon’s overall public safety spending has risen by 500% and the Department of 26 SW Salmon, Portland Corrections budget has risen by 770%. Members $35/Non-members $55 In view of these and related developments, Governor Kitzhaber convened the Commission on Public Safety, chaired by Chief Justice Paul J. De Muniz. The Governor charged the Commission with developing recommendations for changes to Oregon’s sentencing policy in order better to harmonize criminal justice goals and budgetary realities. On December 30, 2011, the Commission presented its final report to the Governor. The Commission has recommended that Oregon pursue thoroughgoing revisions to the way it sentences criminals in order to “optimize the use ofOregon’s most expensive corrections resource — prisons.” Doing so will require a sensitive balancing of numerous imperatives, each with a constituency of its own, and involve interests dear to all Oregon lawyers, not only those who specialize in criminal law. Join Chief Justice De Muniz for a lunchtime presentation on what he learned as chair of the Commission and what its recommendations might mean to Oregon and to you.

For more information: Call Bear Wilner-Nugent, Attorney at Law at 503.351.2327. With registration questions, call the MBA at 503.222.3275

Registration Form Receive a $5 Discount when registering online at www.mbabar.org. Seminar Selection: 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; an additional $5 charge will apply.

NAME A CcoUNT NUMBER 3/7 Mergers & Acquisitions: The Devil is in the Details Class Registration Online ($50 Members/$80 Non) o Class Registration ($55 Members/$85 Non) ...... $______FIRM EXPIRATION DATE V-CODE (3-digit code on back) o CD-ROM & Written Materials ($55 Members/$85 Non) . $______3/8 ERISA Benefits Litigation: Basics and Hot Topics ADDRESS SIGNATURE Class Registration Online ($50 Members/$80 Non) o Class Registration ($55 Members/$85 Non) ...... $______o CD-ROM & Written Materials ($55 Members/$85 Non) . $______CITY STATE ZIP BILLING ADDRESS FOR CARD (if different) 3/20 The Top 12 Labor & Employment Law Updates for 2012 Class Registration Online ($50 Members/$80 Non) o PHONE Class Registration ($55 Members/$85 Non) ...... $______o CD-ROM & Written Materials ($55 Members/$85 Non) . $______3/21 Annual Family Law Update OSB# Class Registration Online ($50 Members/$80 Non) o Class Registration ($55 Members/$85 Non) ...... $______Member Status: Payment Options: o CD-ROM & Written Materials ($55 Members/$85 Non) . $______o o o o 4/3 Litigator’s Tips for Business Lawyers MBA Member Check VISA MasterCard Class Registration Online ($50 Members/$80 Non) o o Non–Member Class Registration ($55 Members/$85 Non) ...... $______o CD-ROM & Written Materials ($55 Members/$85 Non) . $______Registration forms with payment must be received in the MBA office by 3:00 p.m. the day before the seminar, 4/24 Legislative Update Class Registration Online ($30 Members/$50 Non) or the “at the door” registration fee will apply (see fees for each class and fill in the blank on registration form). o Class Registration ($35 Members/$55 Non) ...... $______Registration forms may be mailed or faxed to the address or number below. Accommodations available for o CD-ROM & Written Materials ($55 Members/$85 Non) . $______persons with disabilities; please call in advance for arrangements. 5/2 Mandatory Sentencing: The De Muniz Commission Report Class Registration Online ($30 Members/$50 Non) Photocopy registration and mail or fax with payment to: o Class Registration ($35 Members/$55 Non) ...... $______o CD-ROM & Written Materials ($55 Members/$85 Non) . $______Multnomah Bar Association n 620 SW Fifth Ave., Suite 1220 Portland, OR 97204 Total due ...... $______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.

18 www.mbabar.org March 2012

asked if they would meet with a The Career Path Less struggling young lawyer looking to start his career in Portland. With each attorney that gave Traveled - Part II me time, I would ask for other by Traci Ray recommended contacts. Slowly, Young YLS Board Director I met with over a hundred attorneys and gained a lot of Lawyers Last month Jim Miner and degree helped, the usefulness good connections.” Networking Mackenzie Hogan shared their of her juris doctorate largely was an important piece of Section stories about landing their depended on the industry she current jobs, Jim as in-house was seeking to join and the

counsel and Mackenzie as an position that she was pursuing. “I mb a associate attorney, using staffing realized that having a J.D. can be agencies. This month, Yumi an initial hurdle because of the Lisa Lam O’Neil, Supervisor of Judicial preconceptions that non-lawyers and Courtroom Clerks in the have about lawyers,” she said. Pro Bono Spotlight Multnomah County Circuit Court, Being overqualified is a common and Sean Currie, an associate with issue attorneys face when by Craig Foster Routh Crabtree Olsen PS, share seeking work outside of the legal Tonkon Torp their job seeking experiences with community. Yumi overcame this a focus on starting out in a non- obstacle by finding a job that was For some Oregon lawyers, attorney role. The theme from last law-related, so her law degree helping the poor attain month remains the same: finding was appreciated as a benefit. Sean Currie access to justice is not an employment as a young attorney Her advice to young lawyers occasional endeavor. It’s who are looking for work is Sean’s job search. He continued their full-time job. two-fold: “First, if you don’t get meeting people and, many Meet Lisa Lam. A selected for an interview or don’t networking lunches later, he Portland native, Lisa get hired after being interviewed, found a firm that was willing to attended the U of O for both that does not mean that you’ve give him some contract work. her undergraduate and legal hit the end of the road with a “I worked so hard on each degrees. After graduating particular firm or organization,” project and the next day they from law school in 2008 and Yumi conveyed. “There’s always would give me another one,” clerking for the honorable the possibility that your resume Sean said. The firm invited Sean Debra Vogt in Lane County, will be passed along to someone to use their library. “I practically Lisa became a staff attorney at the Hillsboro office of the else in the organization or that set up shop right there,” he Lisa Lam you can be asked to interview for reminisced. Sean continued Oregon Law Center (OLC), another position. to get contract projects, kept an organization that works with in 1991, CEJ develops and Yumi O’Neil Second, I came across this meeting with people around other legal aid programs and distributes resources to support perspective from Michael Melcher, town and got involved with the private attorneys to provide free the provision of legal aid services can take many different courses, a lawyer and career counselor, MBA. Ultimately, Sean was hired civil legal services to low-income to low-income Oregonians all and it is up to each individual to and I wholeheartedly agree with by that firm and worked with individuals and families. across the state. As assistant find a tactic that personally works his viewpoint that sometimes our them for almost three years. At the OLC, Lisa’s practice director, Lisa takes a lead role Yumi found her first job analytical skills and our tendency “If I could give a new lawyer touched a number of areas, in CEJ’s efforts. She coordinates after law school in a seemingly to question things may get in the advice, I’d tell them that looking but focused specifically on volunteers, leads regional traditional way. “I saw a posting way of our job search. When it for a job, practicing law once administrative and elder law. outreach and fundraising for a judicial clerkship at comes to our career, we need to you find that job, and just living Lisa helped her clients obtain efforts, and conducts numerous Multnomah County Circuit maintain an open mind to explore life, are all about the same access to a number of state speaking engagements. CEJ’s Court, applied, and was called possibilities. With the current job thing: building and maintaining services such as unemployment education and fundraising efforts for an interview,” she recollected. market, it’s even more important relationships,” Sean proffered. benefits, disability benefits, are now more critical than ever, Although Yumi was not hired to be creative, strategic, and adopt “That person who you meet food stamps and Medicaid. since the economic downturn right away, her name was an entrepreneurial mindset. with during an informational Lisa even helped clients get has led to serious funding cuts forwarded throughout the Actively look for opportunities to interview, at a bar function, or access to the care provided by and decreased the availability of Court. “I was later hired as a solve problems and come up with even on the street may end up assisted living facilities. Lisa grants to support legal aid. temporary judicial clerk and solutions. In doing so, you will being your opposing counsel, particularly enjoyed working I asked Lisa why she believed worked for Judge Frank Bearden continue to learn, grow your skills, your client, your colleague, your with seniors. She notes that low- lawyers should support pro bono on a research project,” Yumi and develop your strengths to be a mentor, your boss or even your income seniors can be especially work, either through financial related. “I was ultimately hired more attractive job candidate.” friend. Aim to connect with vulnerable, and she found great support or the direct provision of by Judge Marilyn Litzenberger Sean Currie applied for people on a real level and not just satisfaction in experiencing legal services. She answers that as her judicial clerk. And today, I several jobs out of law school. as a stepping stone to something how her legal help could ensuring that access to justice supervise 40 judges’ clerks, most He drafted cover letters and sent else. I mean, be honest, you are empower them to face otherwise is provided without regard to of whom are lawyers.” Replying out resumes, only to receive the looking for a job. But you’re also intimidating circumstances. financial resources is simply to a posted job is common, and “dreaded rejection letters” in building connections.” In 2011, Lisa began to help part of an attorney’s professional with a little patience, it worked return. Making little headway low-income Oregonians in a obligation. out for Yumi. with the specific, traditional Traci Ray is the Director of new way when she accepted her When she’s not working, you However, she did have a job hunting strategy of replying Marketing, Client Services & current position as the assistant might find Lisa reading, hiking few misconceptions about the to job postings, Sean focused Events at Barran Liebman, an director of the Campaign for or cheering on the Portland opportunities she would find on networking. “I contacted employment, labor & benefits Equal Justice (CEJ). Established Trailblazers. post-law school. Yumi stated, Jesuit High School where I had law firm. She is the chair of the “I attended law school with the graduated seven years before and OSB’s Pro Bono Committee, and a assumption that a law degree asked them for a list of Portland board member for the Multnomah would open doors - not just in area attorneys with whom I Bar Association’s Young Lawyers the legal profession, but also to could meet,” Sean recalled. Section. Traci can be reached at non-legal positions.” “Jesuit obliged and I got a list [email protected]. Ultimately, Yumi learned of a hundred or so attorneys. I that while to some extent her slowly called each of them and

mba yls EVENT Community Service Day Saturday, March 31 O n Thursday, February, 2, the YLS Membership Committee hosted The YLS Service to the Public Committee is participating a drop-in social in the back room of Paddy's Bar and Grill on SW in the bi-annual SOLV beach clean-up on Saturday, Second and Yamhill. Despite the rain outside, the back room was March 31 from 10 a.m. to 1 p.m. in Pacific City. For more crowded, warm and full of lively conversation. Members took the information and to volunteer for the event contact opportunity to escape their offices, munch on some nachos, catch Amanda Guile at [email protected]. up with friends and colleagues and meet some new ones. See more event photos at http://www.mbabar.org/YLS/YLSEvents.html. 19 Multnomah Lawyer

the board in February 2011. She Nominated for YLS is also the chair of the OSB Pro Bono Committee and member of Pro Bono Volunteers Director the Campaign for Equal Justice Board of Directors. Three three-year positions start on the board of the American Thanks to the following lawyers and law students who donated their July 1. A ballot will be sent to Constitution Society, Oregon pro bono services recently via the Volunteer Lawyers Project, the members. Only YLS members Lawyers Chapter. Senior Law Project, Community Development Law Center, law firm may vote for YLS Directors. clinics, the Oregon Law Center, the Nonprofit Project, St. Andrew Legal Clinic, Catholic Charities Immigration Legal Services, Lewis & Clark’s Small Business Legal Clinic, Children’s Representation Project and Attorneys for Youth. To learn more about pro bono opportunities in Multnomah County, go to www.mbabar.org and click on “About Us” and “Pro Bono.”

Kyle Abraham • Kelvin Adkins-Heljeson • Rose Alappat • David Aman • Rhonda Antell • Jeffrey Armistead • Jason Barker • Joseph Beck • Thomas Bittner • Keir Boettcher • Sarah Brown • Benjamin Buhayar • Sara Butcher • Steven Cade • Christopher Camarillo • Brett Carson • Ann Chapman • Thomas Chow • Craig Commerford Micah Steinhilb graduated from • Charles Corrigan • Lisa Day • Brennan Dewey • Laura Donaldson • Lewis & Clark Law School and Mary Dougherty • Alyssa Engelberg • Anthony Estrada • John Farra was admitted to the OSB in 2008. Traci Ray works at Barran • Jon Fritzler • Anne Furniss • Cynthia Gaddis • Adam Gamboa • He is an associate with Bodyfelt Ben Cox graduated from Liebman, LLP, where she is Samantha Gamboa • Nadine Gartner • George Gilbert • Natalie Mount LLP and practices in the the University of Missouri- the Director of Marketing, Giller • Andrew Ginis • David Gray • Amanda Guile • Stacy Hankin • areas of insurance, products Columbia and was admitted to Client Services & Events for the Melissa Healy • Natalie Hedman • Launa Helton • Erica Hendricks • liability, construction defect the Missouri State Bar in 2007 Employment, Labor & Benefits David Herman • Stephen Higgs • Corrinne Hill • David Hull • Mary and environmental law. Micah and the OSB in 2008. He has his law firm. She graduated from the Hull • Scott Hutchinson • Conrad Hutterli • Misha Isaak • Teresa has been a member of the YLS own firm, Benjamin Cox, LLC, U of O School of Law in 2007 Jacobs • Edward Johnson • Levi Johnston • Kathryn Jones • Samuel Professional Development & and practices personal injury and passed the bar that same Justice • Karen Knauerhase • Scott Kocher • Tony Kullen • Mary Lang Education Committee since and employment discrimination. year. Traci has been actively • Andrew Lauersdorf • Megan Lemire • Elizabeth Lemoine • Julie 2009 and currently serves as Ben has been on the YLS Pro involved in the YLS, serving Lohuis • Robert Lusk • Joshua Lute • Ian Macleod • Merrill Maiano chair of that committee. He is Bono Committee since 2009, as a member of the Pro Bono • Carla McClurg • Tim McNeil • Chris Mertens • Sharnel Mesirow an adjunct professor at Lewis & and currently serves as chair Committee, as co-chair of the • Amy Miller • Lisa Almasy Miller • Carl Neil • Ryan Newby • Julie Clark Law School, a past editor of that committee. He was the Professional Development and Nimnicht • Ryan Nisle • David Noland • Emily Oberdorfer • Oliver of the Environmental & Natural recipient of the 2011 YLS Award Education Committee and most- O’Brien • James O’Connor • Susan O’Toole • Paul Paschelke • John Resources Section Case Notes of Merit, is co-chair of the OTLA recently as director having been Cathcart Rake • Gabrielle Richards • Lauren Rogers • Bruce Rothman Newsletter and serves a mentor New Lawyers Section and is appointed to a vacant spot on • Valerie Sasaki • Tara Schleicher • Philip Schuster • George Senft with Lewis & Clark Law School. • Troy Sexton • Ian Simpson • Richard Slottee • Marshall Stagg • Lindsay Stamm • Chares Starkey • Sean Stephens • Michael Sterner • Todd Struble • Kimberly Sugawa-Fujinaga • Brenna Tanzosh • Mary Tollefson • Kristin Tranetski • Ted Troutman • Maite Uranga • YLS Member Profile Evans Van Buren • Hon. George Van Hoomissen • Richard Vangelisti • Aaron Varhola • Meredith Weisshaar • Brian Wheeler • Kerry Jessica Cooper Wheeler • Meghan Williams • Charles Wilson • Darin Wisehart • YLS YOUthFILM Committee member Caitlin Wong • Theresa Wright • Kyoko Wyse • Whitney Yazzolino • James Yocom because a master’s usually leads 12. Tell us what you like about to teaching. I wanted to do the YLS. something in the community. I like the mix of CLEs and informal events. It’s nice to be webcheck March is Open Enrollment Month 6. What areas of law interest you? able to talk to other lawyers for the MBA Health Plan – See a Consumer protection, anti trust, informally. It relieves stress. summary of premiums and benefits IP and immigration. at www.mbabar.org 13. What do you think the YLS 7. How did you get to Portland? needs more of? Less of? I missed it. I had been in New I don’t know. There is a lot going York and then Chicago. Portland on right now. The monthly 16. Has your committee 20. What are you currently is a good place to live and it’s volunteer events are cool membership helped with your reading (non-legal)? near my family. Any changes? No. I’m professional or personal goals? Short stories by Carson impressed with how together the If so, how? McCullers. He wrote The Heart 8. Where do you work and what YLS is. It gets things done. It’s only been a couple of months. Is a Lonely Hunter. do you do there? Less of? I ignore anything It’s been great to say I’m working 1. Where are you from? I’m still looking. that didn’t sound good. with the YLS when networking 21. What is your favorite Southwest Portland and interviewing. restaurant? 9. How is the job market? 14. When did you join the The Original Taco House on 2. What school did you attend? It’s rough. I’ve been going to committee? Why did you join? 17. What have you found most Powell. Wilson High networking events and only In November. Why the YFP? I surprising about volunteering about half the new lawyers I was excited to do something with for the committee? 22. What do you do for fun? 3. What college and law school meet are employed, and some of film again. I worked with kids in I was immediately given a project Sewing. I do a lot for myself and did you go to? those are underemployed. college also. Kids are funny and to go out and do. I feel like I’m friends. Scripts College in California. The creative. doing something. Members are women’s one, not the ‘fish’ one. 10. How did you hear about the important and have a say in what 23. Tell us something about I went to law school at Chicago YLS? 15. What have you found most we do. yourself that not many people Kent in downtown Chicago. I did my bar prep at Lewis & rewarding about volunteering know? Clark. Fellow students suggested for the committee? 18. What is your favorite YLS I don’t know. I once danced on 4. Why? joining the YLS. It has a lot of I go once a week to Humboldt event or activity? Why? stage with Iggy Pop in Dublin. Because it offered the best events and keeps you out there Elementary to mentor a sixth Volunteering for the Oregon Food financial aid package. I didn’t and looking for work. grade class. I help them focus on Bank event. It was cool to put 24. What do you like about know much about law school but what they want to do for their together the boxes. We were able Portland? was advised to avoid law school 11. How did you first get films. Seeing the students grasp to take a tour. That was impressive. It’s walkable. And the weather. debt as much as possible. involved with the YLS? ideas and run with it is great. I’m I liked seeing how it works. I went to the meet and greet for impressed with what they are 25. What’s your nick name? 5. Why did you decide to go to new admittees last November at interested in. 19. If you weren’t on this Jess. My sister says it’s because law school? Kell’s. I liked the idea of being committee, what committee I’m approachable. That’s hard to say. I wasn’t involved and the YOUthFilm would you be on? doing anything interesting Committee seemed really cool. Professional Development and after college. I decided on law Education or Service to the school versus getting a master’s Public.

20 www.mbabar.org