A Perfect Blend! Winemaking Lawyers Nurture a Healthy Work/Life Balance Amid the Vines
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AUGUST/SEPTEMBER 2020 A Perfect Blend! Winemaking Lawyers Nurture a Healthy Work/Life Balance Amid the Vines Also Inside: Bring in the Jury Conducting Trials During the Pandemic Requires a Tricky Balancing Act ‘Thinking Bigger’ Campaign for Equal Justice Begins 30th Year of Working to Close State’s Access Gap OREGON STATE BAR BULLETIN AUGUST/SEPTEMBER 2020 VOLUME 80 • NUMBER 10 Attorney Stephen Hendricks owns Ruby Vineyard & Winery in Hillsboro with his wife, Flora Habibi. Toiling among the tanks and barrels offers rewards that can’t quite be duplicated in legal triumphs, he says, no matter how grand. And he’s not alone in feeling that way, as writer Susan G. Hauser discovered when she interviewed winemaking lawyers across the state for “A Perfect Blend.” Her special report begins on Page 18. Photo by Jaime Valdez FEATURES 18 A Perfect Blend Winemaking Lawyers Nurture a Healthy Work/Life Balance Amid the Vines By Susan G. Hauser 26 Bring In the Jury Conducting Jury Trials during COVID-19 Pandemic Requires Achieving a Tricky Balance By Cliff Collins 36 ‘Thinking Bigger, Digging Deeper’ Campaign for Equal Justice Marks Its 30th Year By Janay Haas COLUMNS 5 From the Editor 42 Law & Life The More Things Change Make It Count: Census By Gary M. Stein Impacts Lawyers and the Communities They Serve 11 Bar Counsel By Amrit R. Mann and A Vacation from Ethics? Andrew Riley Rules Still Apply No Matter Where in the World You Are 44 Legal Practice Tips By Amber Hollister Persuasive Problem Solving: Tips for Getting Better 15 The Legal Writer Solutions Faster Plagiarism & Artificial By Nancy Neal Yeend Intelligence: Automation Further Blurs the Line 70 Parting Thoughts Between ‘Stealing’ and Creating a Sense of ‘Sharing’ Belonging The Oregon State Bar Bulletin (ISSN 0030-4816) is the official publication of the Oregon State Bar. By Rebekah Hanley By Emil J. Ali 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 7 Letters 56 Bar People Bulletin is mailed to all members of the Oregon State Bar, a portion of the dues for which is allocated 9 Briefs Among Ourselves for the purpose of a subscription. TheBulletin is 49 OSB Education & Research Moves also available by subscription to others for $50 per In Memoriam year, $90 per two years, within the United States. 50 Bar News Individual copies are $5; back issues are $5 each, 63 Classifieds 52 Bar Actions when available. Periodicals postage paid at Portland, 67 Attorneys’ Marketplace Oregon 97208. POSTMASTER: Send address Discipline changes to Oregon State Bar, P.O. Box 231935, Tigard, OR 97281-1935. FROM THE EDITOR The More Things Change By Gary M. Stein hange is the only constant in life,” One of the probably best to include it in the previous “ Greek philosopher Heraclitus newest solutions month’s issue. once said, and that’s especially C is Willamette Falls • We’ve streamlined our advertising true during this time of unprecedented un- Paper Company’s sales process. Display advertising has al- certainty. So imagine my surprise when a reHARVEST prod- ways been sold for us by LLM Publications; recent review of the Bulletin’s income and uct, which uses now, the Portland-based agency will also expenses led us not to switching gears, but wheat straw fiber sell and produce Lawyer Announcements, to sticking with folks who have been at our that was previously which we used to handle in-house before side for years. Bulletin File Photo either burned or staff reductions made that process ineffi- Don’t get me wrong: As part of the pro- tilled under. It’s Gary M. Stein cient. The smaller ads will still allow indi- cess, we were able to support local jobs, now collected and viduals and firms to promote new hires and embrace a new, sustainable product that’s pulped by Columbia Pulp in Washington’s other business-related activity, however, in good for the environment and save a lot Palouse, reducing field burning and taking a compact format for less money. of money, too. It’s just that we’ve done all the pressure off forests. Furthermore, the fi- of that by deciding to stick with Journal ber has a lower carbon footprint and uses less For ad rates and details, contact Grandt Graphics, a Portland-based company that’s water and energy than conventional pulping Mansfield at (503) 445-2246 orlaw@llmpubs. been in operation since 1937. processes. com. (Classified ads will still be sold in- The woman-owned-and-managed cor- The reHARVEST family of products house; for more information, contact Spen- poration has been printing the Bulletin uses 10 percent agricultural fiber in coat- cer Glantz at (503) 431-6356 or advertising@ since January 2009. ed and uncoated paper grades and is pro- osbar.org.) “It has truly been a pleasure, and I am duced in West Linn — another plus in sup- • And we’ve increased our efforts to proud of the long partnership we have es- porting hundreds of local jobs. The wheat work with OSB members who would like tablished,” says sales associate Tammy pulp mill is temporarily not in production, to write stories about topics that range from Rilatt. “I’m looking forward to our future because of the COVID-19 pandemic. But access to justice, legal funding and judicial partnership and promise to continue to Rilatt says “we are working closely with independence to diversity in the profession, provide you with the solutions you and the Willamette Falls as things continue to professionalism and future trends. We’re community value as a priority.” open up, and we are fully vested in getting also encouraging members to contribute Those priorities figured greatly into the this great environmentally sound option columns on legal practice tips, practice Bulletin’s decision to conduct a nationwide out into the community.” management strategies, history, sustain- review of printing options. An out-of-state When that happens, the Bulletin will be ability and new technology. In addition, firm was competitive in price, but Journal among the first magazines to switch to the Associate Editor Mike Austin and I plan to Graphics’ commitment to Oregon’s econo- new product. But it’s not the only change do more writing ourselves, focusing on the my — the company employs 140 people — we’re implementing: topics we know best. and its belief in sustainability made our final choice an easy one. • As part of the renegotiated contract Added together, these changes are ex- with Journal Graphics, we’ve moved the pected to increase the variety of voices you’ll “Our Forest Stewardship Council Cer- final stages of production to the first week find in theBulletin and reduce production tification and paper waste recycling via In- of the month, when the printing presses are costs significantly — all while keeping jobs ternational Paper demonstrates our contin- less busy and costs are reduced. That means local and improving the environment. uous commitment to environment-friendly the Bulletin will arrive in your mailbox one practices,” says Tiffany Spears, the com- Somehow, we think even Heraclitus week later than usual, beginning with the is- pany’s vice president for business develop- would approve. sue you hold in your hands. ment. “For 83 years, we have continued to Have a story idea you’d like to see in the evolve and deliver print solutions for our Have an event during the first week of Bulletin? Reach out to Editor Gary M. Stein customers.” the month that you’d like to promote? It’s at (503) 431-6391 or [email protected]. n 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 ad rates and details, [email protected] (ext. 356), fax: (503) 684-1366. Display advertising: Contact LLM Publications at (503) 445-2240, [email protected]. AUGUST/SEPTEMBER 2020 • OREGON STATE BAR BULLETIN 5 LETTERS as a badge of honor, and I’ll wear it as an California Bar Exam,” more study for those emblazoned “A” on my chest (or in this in- who failed the exam helped improve an stance, we may settle for a “C” instead). applicant’s competency with the ability to As members of the “COVID Class,” we finally pass the bar. have proven we have all the right makings Research also has found that lower exam of a great generation of advocates. We fin- scores are correlated with more malpractice ished law school over computers from our and discipline, and more disbarments — the couches, our bedrooms, our kitchen tables most serious measures of failures of compe- and, in a few unfortunately well-document- tency and public protection. (“The High ed instances, from our bathrooms. We fin- Cost of Lowering the Bar,” by Robert An- ished law school while caring for our chil- derson IV and Derek T. Miller; Georgetown dren, who we often homeschooled as well. Journal of Legal Ethics, Summer 2019). No We finished law school while the world exam means those who would have failed burned around us and, frankly, we would can now be licensed to practice regardless have passed the bar exam had we had to of the effect on public protection and pro- take it, because that’s what this class does: fessional integrity.