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Order in the Court Uniform Trial Court Rules Get Media, Public Access Updates APRIL 2019 Order in the Court Uniform Trial Court Rules Get Media, Public Access Updates OREGON STATE BAR BULLETIN APRIL 2019 VOLUME 79 • NUMBER 6 The line between members of the media and members of the public within a courtroom setting has blurred. Handheld devices capable of broadcasting video, audio or social media updates to anyone around the world have affected the way in which Oregon courtrooms are run. Melody Finnemore looks at recent updates to Uniform Trial Court Rules that iStock.com/Kuzma address these issues. FEATURES 16 Order in the Court Uniform Trial Court Rules Get Media, Public Access Updates By Melody Finnemore 23 Cross-border Connections Oregon Lawyers Are Forging Closer Ties With China Despite Trade Tensions By Cliff Collins COLUMNS 5 From the Editor 32 Legal Practice Tips Asking the Right Questions Navigating Today’s Wild West: Cannabis Clients By Gary M. Stein Lack Banking Options 9 Bar Counsel Amid Onerous Giving and Receiving: Federal Requirements Understand the Rules By Mia Getlin Governing Referrals and Fees 36 Managing Your Practice From Beginning to End: By Mark Johnson Roberts Risk Management Over the 13 The Legal Writer Life Cycle of Technology Reader’s Block: Finding Your By Mark J. Fucile Focus for the Written Word 62 Parting Thoughts By Suzanne E. Rowe Up We Go 28 Profiles in the Law By Larry Sokol A Career ‘Boost’: Nadine Gartner Uses Legal Expertise, Nonprofit Platform to Educate About Vaccinations The Oregon State Bar Bulletin (ISSN 0030-4816) By Melody Finnemore is the official publication of the Oregon State Bar. The Bulletin is published 10 times a year (monthly except bimonthly in February/March and August/ September) by the Oregon State Bar, 16037 S.W. DEPARTMENTS Upper Boones Ferry Road, Tigard, OR 97224. The Bulletin is mailed to all members of the Oregon State 7 Briefs 46 Bar People Bar, a portion of the dues for which is allocated Among Ourselves for the purpose of a subscription. The Bulletin is 40 Bar News Moves also available by subscription to others for $50 per year, $90 per two years, within the United States. 42 OSB CLE In Memoriam Individual copies are $5; back issues are $5 each, Lawyer Announcements when available. Periodicals postage paid at Portland, 44 Bar Actions Oregon 97208. POSTMASTER: Send address Discipline 55 Classifieds changes to Oregon State Bar, P.O. Box 231935, Tigard, OR 97281-1935. 59 Attorneys’ Marketplace FROM THE EDITOR Asking the Right Questions By Gary M. Stein players and cheerleaders. Most of the Supreme Court that could grant public Student Council. And a steady stream access to Oswego Lake. of underage kids lured by the chance to We wrote about a program created in dress up and play like adults. “Being in the Clackamas County that targets domestic presence of gambling” was the eventual violence offenders, as well as efforts by charge, expunged when we turned 18. law enforcement, county officials, mental Now, I don’t expect the FBI to storm health professionals and the District At- my office anytime soon. But I did find my- torney’s Office to change the way they self laughing at the memory of that sum- handle domestic violence cases. mer night — and questioning whether Those were all important stories, and this was the right place to be — when the need to write them with a sense of I sat down for the first time as editor of authority and expertise was crucial. the Bulletin. I’m not a lawyer, after all, and my Continued on next page... experience with the law truly is limited to a few stints on jury duty (and those few misguided hands of blackjack). That Our Editorial Policy certainly doesn’t qualify me to assign, edit All articles published in the Bulletin Bulletin File Photo and write the kinds of stories that matter to you. must be germane to the law, lawyers, the practice of law, the courts and y first brush with the law came But here’s what does: I am a journal- judicial system, legal education or in the summer of 1973, when ist, and for the past four decades I have the Oregon State Bar. All opin- some high school friends and I devoted myself to informing, educating M ions, statements and conclusions put together a “casino night” to raise some and entertaining readers of newspapers, expressed in submitted articles extra cash. We had tuxedo-clad bouncers magazines and specialty publications in appearing in the Bulletin are those of at the door, chips on the poker tables, a California, Texas and Oregon. the author(s) and not of the editor, roulette wheel to spin. Most recently, I served as editor of the other editorial staff, employees of We had undercover federal agents Lake Oswego Review, the largest weekly the Oregon State Bar, or members of and local police officers too, though, us- newspaper in the Pamplin Media Group the Board of Governors. Publication ing bills marked with florescent powder chain of 25 Portland-area publications. of any article is not to be deemed an and tape recorders hidden underneath the There, I supervised a staff of writers, pho- endorsement of the opinions, state- six-packs of beer they carried inside paper tographers and designers, and shared my ments and conclusions expressed bags. They believed they had stumbled love of community journalism and story- by the author(s). Publication of an across a big-time gambling operation, and telling with the people of Lake Oswego. advertisement is not an endorse- their colleagues soon stormed the house Sure, we covered parades and neigh- ment of that product or service. Any through every window and door, telling borhood gatherings. But we also reported content attributed to the Oregon us to keep our hands above our heads and on a federal Title IX lawsuit against the State Bar or the Board of Governors away from our mouths. school district, followed a land-use case is labeled with an OSB logo at the Police and prosecutors thought they’d from the City Council to LUBA and all top of the page to indicate its source find gangsters everywhere. Instead, they the way through the appeals process, and or attribution. found a bunch of high school football explained a lawsuit now before the state HOW TO REACH US: Call (800) 452-8260, or in the Portland area call (503) 620-0222. Email addresses and voicemail extension numbers for Bulletin staff are: Gary M. Stein, editor, [email protected] (ext. 391); Mike Austin, associate editor, [email protected] (ext. 340); Kay Pulju, communications director, kpulju@ osbar.org (ext. 402); and Spencer Glantz, classified ads and lawyer announcement ads, [email protected] (ext. 356). Call or email Spencer Glantz for rates and other details. The fax number is (503) 684-1366. APRIL 2019 • OREGON STATE BAR BULLETIN 5 Continued from page 5 The same was true of my role as mem- ber communications evangelist for the Northwest Credit Union Association, where I interviewed everyone from feder- al, state and local officials to branch man- agers in an effort to tell the kinds of stories that kept credit union leaders informed and showed consumers how credit unions could help them understand finances, make better choices and save money. It was also true during my 26 years at The Oregonian, where I worked as a writer, editor and designer. As managing editor of custom publications for the newspaper, I led a department that created every- thing from glossy magazines like Explore the Pearl and Ultimate to weekly home and auto sections and specialty publications for business groups and nonprofits. In all of those previous jobs, I may not have been an authority on specific topics. But I knew who to talk to — and the right questions to ask — so that I could write as if I were an expert. I knew how to pack- age that information in a way that would attract readers and hold their attention. And I knew how to tell stories in a variety of ways, so that readers were never bored. So that’s my promise to you: As editor of the Bulletin, I will seek out the people who can help me write about news and trends that affect and inform the work you do, and I will surround those stories with catchy headlines, locally produced pho- tography and informative graphics that make them pop. I’m very excited about the opportuni- ties that lie ahead and the chance to bring my vision to the Bulletin. If I don’t reach out to you personally, I hope you’ll write or call and let me know what you think we’re doing wrong, what we’re getting right and what kinds of stories you’d like to see in the magazine. I doubt we’ll write much about the pros and cons of casino nights organized by teenagers. But then you never really know what you’ll do until all the cards are dealt. Reach me at (503) 431-6391 or by email at [email protected]. n 6 OREGON STATE BAR BULLETIN • APRIL 2019 BRIEFS Lew Cox, executive director of Vio- address by Tina Tchen, former assistant to lent Crime Victim Services in Tacoma, President Barack Obama, chief of staff to will give the keynote speech and Mary Michelle Obama and executive director Elledge, mentor and advocate for Parents of the White House Council on Women of Murdered Children and Crime Victims and Girls. United, will be honored with the Hardy Tickets are $60 with discounts avail- Myers Victim Advocacy Award. For more able for lower-income attorneys and law information, visit www.ocvlc.org/hardy- students.
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