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Is There a Place for Us? a Conversation About Being Muslim-American Members of Oregon’S Legal Community

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Is There a Place for Us? a Conversation About Being Muslim-American Members of Oregon’S Legal Community FEBRUARY/MARCH 2021 Is There a Place for Us? A Conversation About Being Muslim-American Members of Oregon’s Legal Community OREGON STATE BAR BULLETIN FEBRUARY/MARCH 2021 VOLUME 81 • NUMBER 5 Even though they came to Oregon a quarter of a century apart, U.S. Magistrate Judge Mustafa T. Kasubhai and lawyer Sarah Malik say the Islamophobia they’ve faced as legal professionals has caused both of them to experience a frustrating disconnect between how they see themselves and how others see and interact with them. They share their thoughts in a new feature called “Conversations,” which begins on Page 18. Photo by Jonathan House by Photo Jonathan FEATURES 18 Is There a Place for Us? On Being a Muslim American in Oregon’s Legal Community By Sarah Malik and Hon. Mustafa T. Kasubhai 28 Responding to a Disaster Legal Community Moves Quickly to Help Victims of Devastating Wildfires By Phil Favorite 36 Shelter from the Storm Uncertainty Continues to Haunt Residential Tenants, Landlords By Janay Haas COLUMNS 5 From the Editor 44 Profiles in the Law Creating ‘Conversations’ Cultivating Change: Kirk Maag By Gary M. Stein Advocates for LGBTQ+ Inclusion in Agriculture and Beyond 11 Bar Counsel By Jillian Daley Ethics Abroad: Tips for Remote Lawyering Outside of Oregon 48 Legal Practice Tips By Nik Chourey The A·E·I·O·U·Y Checklist: and Amber Hollister Consider These Factors for a Successful Mediation 15 The Legal Writer By Richard J. Vangelisti Beat the Slump: Finding Motivation to Write While 78 Parting Thoughts Working From Home A Tribute to Belva Lockwood By Elizabeth Ruiz Frost By Janay Haas 42 President’s Message A ‘Very Bright Future’: Principles of Good Governance Will Define Agenda for 2021 The Oregon State Bar Bulletin (ISSN 0030-4816) By David Wade 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 Letters 60 Bar People Bar, a portion of the dues for which is allocated Among Ourselves for the purpose of a subscription. TheBulletin is 9 Briefs Moves also available by subscription to others for $50 per 52 OSB Education & Research year, $90 per two years, within the United States. In Memoriam Individual copies are $5; back issues are $5 each, 54 Bar News 70 Classifieds when available. Periodicals postage paid at Portland, 58 Bar Actions 75 Attorneys’ Marketplace Oregon 97208. POSTMASTER: Send address Discipline changes to Oregon State Bar, P.O. Box 231935, Tigard, OR 97281-1935. FROM THE EDITOR Creating ‘Conversations’ By Gary M. Stein in informal conversations with colleagues, says. “But even more importantly, we that the need to be right often transforms regularly returned to the question, ‘Was it into a desire simply to be heard. There’s a safe for us to share these experiences?’ In a recognition of differences, to be sure, but national environment where it is quite easy also an understanding of shared values and to communicate and act on hate, we strug- a desire to nurture dialogue that moves us gled with the potential cost to ourselves.” forward as a profession and as a community. Malik and Judge Kasubhai say they re- Toward that end, the Bulletin intro- solved to accept that risk and continued with duces a new, occasional feature this month finding a way to share their conversation called “Conversations” — a place where with a broader audience. “When we moved lawyers and judges can engage in open, honest discussions about topics that are Continued on Page 6 germane to the law, lawyers, the practice of law, the courts and the judicial system. Future stories might offer stark con- trasts: exploring the urban/rural divide; the Our Editorial Policy perspectives of a prosecutor and a defense All articles published in the attorney; a solo practitioner and a big-firm Bulletin File Photo Bulletin must be germane to the Gary M. Stein partner. Others will focus on similar expe- law, lawyers, the practice of law, riences: two working lawyer parents; two the courts and judicial system, legal lawyers who have relocated to Oregon; or education or the Oregon State Bar. hen U.S. Magistrate Judge Mus- maybe two lawyers who failed the bar exam All opinions, statements and conclu- tafa T. Kasubhai and lawyer before eventually earning a passing score, sions expressed in submitted articles Sarah Malik first contemplated W talking about their initial disappointment, appearing in the Bulletin are those of writing the story you’ll find on Page 18 of how their preparations differed after failing the author(s) and not of the editor, this month’s Bulletin, their idea was to craft the first time and how the entire process im- other editorial staff, employees of a traditional column like the ones you’ll typi- pacted their legal careers. the Oregon State Bar, or members cally find toward the back of the magazine. Those are all important conversations of the Board of Governors. But their first meeting, which was sup- for legal professionals to have, of course. Publication of any article is not posed to be a one-hour chat over coffee, But I believe they become especially critical to be deemed an endorsement of the turned into a multi-hour discussion about when they help to shine a light on barriers opinions, statements and conclu- how similar their experiences in Oregon’s to law practice and access-to-justice issues. sions expressed by the author(s). legal community have been, despite the dif- This month, Malik and Judge Kasubhai Publication of an advertisement is ferences in their age and gender. do exactly that by talking about their expe- not an endorsement of that product “What struck us most is how common riences as Muslim Americans in Oregon’s or service. this conversation must be behind closed legal profession — a conversation that be- Any content attributed to the doors,” Malik says, “but how infrequently gan more than a year ago and raised some Oregon State Bar or the Board of we hear these words in public spaces.” uncomfortable issues. Governors is labeled with an OSB That’s true across all segments of soci- “After our first in-person meeting long logo at the top of the page or within ety, of course. Much of our political and so- before COVID-19, we stayed in regular advertising to indicate its source or cial discourse tends to feel adversarial these contact over email discussing how best to attribution. days. But it is often behind closed doors, share our experiences,” Judge Kasubhai 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); Kateri Walsh, communications director, [email protected] (ext. 406); and Spencer Glantz, classified ad rates and details, [email protected] (ext. 356), fax: (503) 684-1366. Display advertising and Lawyer Announcements: Contact LLM Publications at (503) 445-2240, [email protected]. FEBRUARY/MARCH 2021 • OREGON STATE BAR BULLETIN 5 Continued from Page 5 forward with having this conversation be- come an article in the Oregon State Bar Bul- letin,” Malik says, “we met over Zoom to ex- plore (the topic) in greater detail.” Future “Conversations” may follow that lead and take place over email and Zoom or, once COVID is under control, in face- to-face meetings. Some may involve a mod- erator who offers specific questions and guides the discussion, while others could go in directions that grow organically. At the end of the day, though, all will aspire to follow the example set by Malik and Judge Kasubhai by aiming to foster a dialogue that relates to the law, the legal profession and the judicial system — a con- versation that hopefully continues beyond the pages of this magazine. “If there is anything that we hope read- ers take away from our conversation, it is that equity takes real, painful and expensive work. We hope readers will feel inspired to lead conversations of their own, learn about and challenge their own institutions’ work on equity and take a moment to acknowl- edge their own biases and privileges,” the authors say. “If this is a reader’s first time learning about Islamophobia, we hope they take some time to reflect on why it’s their first conversation — and how to not make it their last.” n Reach Editor Gary M. Stein at (503) 431- 6391 or [email protected]. Letters to the Editor The Bulletin welcomes letters. They should be limited to 250 words. Prefer- ence is given to letters responding to letters to the editor, articles or columns recently published in the Bulletin. Letters must be original and addressed to the Bulletin editor. Unsigned or anony- mous letters will not be published. (There are exceptions. Inquire with the editor.) Letters may not promote individual prod- ucts, services or political candidates. Letters may be edited for grammatical errors, style or length, or in cases where language or information is deemed unsuitable or inappropriate for publica- tion. Profane or obscene language is not accepted. Send letters to: Editor, OSB Bulletin, P.O. Box 231935, Tigard, OR 97281. Or you may email them to [email protected]. 6 OREGON STATE BAR BULLETIN • FEBRUARY/MARCH 2021 LETTERS We lawyers of course are not unac- cluster of work/labor/drudgery/grind/ quainted with pro bono “work for love” — toil/travail.
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