MuLTNoMAH LAwYER

Lawyers associated for justice, service, professionalism, education and leadership for our members and our community. January 2011 Volume 57, Number 1 SPECIAL PRO BONO ISSUE Making a Difference MBACLE By Sarah Crooks, MBA President. To register for a CLE, please see the inserts in this issue or go to www.mbabar.org. .I t’s time to renew your commitment card, Kate included a picture of her “cute and tough” bulldog. I’ve never to pro bono by taking the MBA’s Pro heard from Kate again, but I know that the few days I spent working January Bono Pledge for 2011. Through the with Kate made a significant difference in her life. Pledge, we are calling on attorneys Wednesday, January 26 to take at least one pro bono matter Since that first case, I have represented many women, several teenage Appellate Basics for Trial each year and on law firms to adopt girls and one man in DV cases, and I have mentored several of my Lawyers a written pro bono policy and to colleagues who have also volunteered with the DV Project. When I Justice Jack Landau encourage their attorneys to take the first started, the Project offered a great opportunity for me to get trial Laura Graser Pledge. And we ask that attorneys experience. But my reasons for continuing to take these cases have Jim Westwood and law firms financially support legal service organizations of their more to do with my desire to help these vulnerable clients get through choice. As I am renewing my Pledge for 2011, I am reminded of the a particularly critical moment in their lives. While the DV Project may Monday, January 31 first client I represented through the Domestic Violence Project. not be for everyone, I offer my experience with the Project to get you Insurance Coverage in thinking about the type of pro bono work that might appeal to you as Construction Defect Litigation The Domestic Violence Project at the MultnomahC ounty office ofL egal you read this special edition, dedicated to pro bono. Chris Carson Aid offers the opportunity to represent a victim of domestic violence in Mike Farnell contested-case restraining order hearings. As a young litigator in a large The need for pro bono attorneys is greater now than it has been in many Mike Scott corporate law firm, I was seeking any and all opportunities to have a trial years. So I challenge each of you and your law firms to take the MBA’s so the Project seemed like a good match for me. Pro Bono Pledge for 2011 and then take on a matter that matters. You’ll find articles in February My client - I’ll call her Kate - was physically and emotionally abused this edition that will help you decide what by her husband. I don’t recall the specific details of Kate’s case. kind of pro bono matter or project you may Tuesday, February 1 But I do remember how I felt while representing her. I was scared. want to get involved with and other tips for Elder Abuse Litigation: Civil Kate’s physical safety, not just a corporation’s money, was at issue. representing pro bono clients. If you are not and Criminal Interviewing Kate was my first experience in talking with a victim of already committed to pro bono work, I hope Richard Braun domestic violence about her story, about the court proceeding that you are persuaded to find a pro bono project Jim Cartwright we had to win to keep the restraining order against her abuser, and that meets your interests and skills. As a pro Charles Mickley about how she could stay safe from further abuse whether or not we bono attorney, you will likely have clients secured that piece of paper - the restraining order - at the end of the who are very appreciative of your help. So Thursday, February 3 hearing. Kate was also scared, terrified in fact, of her husband and of grateful, they might even send you thank- Aiding and Abetting in the court hearing that we faced. And she was looking to me, relying you notes and pictures of their dogs. Kate’s bulldog Employment Discrimination on me, to get her through the hearing. Not wanting to fail Kate, like Cases any good associate working on something new, I spent many hours Courtney Angeli preparing for the hearing. 2011 MBA Pro Bono Pledge Dana Sullivan

By the date of the hearing, I was as well prepared as I could be, but Thursday, February 24 still, I was worried about my first hearing, and so was Kate. She and I The MBA Pro Bono Pledge seeks to dramatically Real Property Deeds and Title had on our best suits, and we walked to the courthouse together. Her increase access to justice by asking attorneys to Insurance in Oregon husband showed up for the hearing with an attorney, a somewhat commit to taking at least one pro bono matter in Alan Brickley rare occurrence, I would come to learn later. With me standing by Rob Lowe her side and between Kate and her husband, Kate got through her 2011. Law firm signers are asked to adopt a written Jim Reinhart testimony, which was quite compelling. When the judge announced pro bono policy and to encourage participation in that Kate won, she was incredibly relieved and grateful. the individual pledge. Both are asked to financially With relatively few hours of work, I helped Kate keep the restraining support legal service organizations. order and gave her some measure of protection against her In This Issue abuser. Obviously, Kate had to take other steps to stay safe, but that restraining order was one important tool for her physical See the Pro Bono Pledge brochure inserted in this Calendar...... p. 3 Member Resource Center...... p. 3 safety. Immediately after we won the hearing, Kate compared my issue; learn more and sign the Pro Bono Pledge at Announcements...... p. 4 representation of her to her “cute and tough” bulldog. Kate later sent www.mbabar.org/pro bono.htm and watch your email Ethics Focus...... p. 4 me a card in which she wrote “Words cannot express my gratitude Retiree Pro Bono...... p. 5 for your time. Thanks again for the kick-ass representation!” In the for a message reminding you to take the pledge. 10 Pro Bono Tips...... p. 6 Around the Bar...... p. 7 Tips from the Bench...... p. 8 News From the Court...... p. 8 Multnomah Bar Association Firm Culture of Pro Bono...... p. 9 PRSRT STD 620 SW Fifth AVE., Suite 1220 MBA Board Elections Wintersmash...... p. 9 U.S. POSTAGE YLS...... p. 10 Portland, Oregon 97204 Classifieds...... p. 14 PAID The MBA bylaws provide for a slate of candidates to be presented Multnomah Bar Foundation... p. 16 to the membership at least 60 days prior to the annual meeting. PORTLAND, OR The slate of candidates and the ballot insert will be included in the PERMIT NO. 00082 March issue of the Multnomah Lawyer. Multnomah Bar Association 620 SW 5th Ave Suite 1220 The bylaws also allow for nominations from the membership at Portland, Oregon 97204 large. A nominating petition, endorsed by the nominee and at 503.222.3275 least 10 other MBA members, must be received by 5 p.m. on Fax 503.243.1881 Wednesday, February 9, in the MBA office. www.mbabar.org

Ballots will be included with the March newsletter; they will be due to the MBA office by 5 p.m. on Thursday, April 1. Winners will be officially announced at the MBA Annual Meeting on Tuesday, May 17.

MuLTNoMAH Lawyer

BOARD OF DIRECTORS

MBA Board of Directors Marshall Amiton President Sarah J. Crooks ARBITRATION AND MEDIATION Vice Presidents 40 Years of Legal Experience Michelle S. Druce Lisa M. Umscheid Secretary Susan D. Marmaduke Email: (503) 201-7275 Treasurer [email protected] (503) 238-1636 Fax Steven K. Blackhurst Past President Leslie Nori Kay Directors Kimberly R. Griffith CHAMBERLAIN YLS President Keith M. Garza Mediation Arbitration Carol J. Bernick Julia M. Hagan ♦ a proven problem solver Gregory T. Moawad Bonnie Richardson ♦ trial & appellate experience Martha J. Hodgkinson Knoll & Rhodes Mediation Samuel C. Kauffman ♦ competitive rates Sheila H. Potter An Environment ♦ available statewide Richard J. Vangelisti Suited To Executive Director ♦ [email protected] Judy A.C. Edwards Settlement. Associate Executive Director ♦ 503.380.5730 Guy Walden Mediation & Arbitration Director, Events and Programs Kathy Maloney • Experience • Integrity Executive Assistant and Communications Administrator • Solutions Carol Hawkins Office and Membership James L.Knoll, P.C. Administrator ATTORNEY AT LAW Ryan Mosier Mediation • Arbitration [email protected] Office and Foundation Experienced Ronald E. Rhodes, P.C. Administrator A TTORNEY AT LAW Pamela Hubbs 40 years in litigation [email protected] 21 years in arbitration MBF Board of Directors 503.222.9000 • 1500 SW Taylor St. • Portland, OR 97205 President Effective Peter H. Glade Vice President Edwin A. Harnden OREGON SUPER LAWYER IN DISPUTE RESOLUTION 2006 Secretary/Treasurer Loree A. Devery (503) 223-6121 Resume at www.wilsonadr.com Past President Thomas C. Sand

Directors 2301 NW Thurman Street, Suite J O.M. (Met) Wilson Hon. Julie E. Frantz Portland, Oregon 97210-2581 Cashauna M. Hill [email protected] Mediation and Arbitration Margaret D. Kirkpatrick WILSON DISPUTE RESOLUTION Sarah J. Ryan (503) 972-5090 Kathryn L. Villa-Smith [email protected] Timothy R. Volpert “I only suffered two James N. Westwood significant financial Christine L. Zemina reversals in my life - once THE MULTNOMAH LAWYER when I lost a lawsuit, and is published 11 times per year by the once when I won one.” Multnomah Bar Association, 620 SW Fifth Ave. Ste. 1220, - Voltaire Portland, OR 97204 503.222.3275 Advertising is accepted; advertisers(ments) are not necessarily endorsed by the MBA. The editor reserves the right to reject any advertisement. Williamson Arbitration DEADLINE for copy: The 10th of the month* and Mediation DEADLINE for ads: The 12th of the month* *or the preceding Friday, if on a weekend.

NEWSLETTER STAFF CONTACTS Charles R. Williamson Editor: Judy Edwards Copy and Classified Ads: Carol Hawkins 6312 SW Capitol Highway, No. 408 Display Ads: Ryan Mosier Portland, Oregon 97239-1938 Design: Cyrano Marketing Solutions (503) 206-4911 (503) 206-7935 Fax www.mbabar.org [email protected] Copyright Multnomah Bar Association 2010 www.WilliamsonADR.com

2 january 2011

Member Resource Center CALENDAR For a complete MBA calendar, please visit www.mbabar.org. To add your Welcome to the member resource center, where you will find information organization or firm’s annual events to the MBA online calendar, contact of importance to members and the legal community at large. Carol Hawkins, [email protected]. 8 Courthouse Watch MBA Member Discounts January Tuesday, YLS Board meeting • MBA representatives continue to serve on 4 9 two county committees focusing on the AffiniPay Tuesday, MBA Board meeting Wednesday, MBA Board election downtown courthouse; one is studying the Reduced merchant credit card set-up fees and nominating petitions due courthouse needs and another is exploring month-to-month contracts. 10 funding options. 1.866.376.0950 Monday, February Multnomah 10 www.affiniscape.com/mbabar Lawyer deadline • The county contracted with SERA Thursday, March Multnomah Lawyer deadline Architects to study the feasibility of Appaloosa Business Services 11 renovating the current downtown Member-only discounts on Web site design and Tuesday, YLS Board meeting courthouse while maintaining substantial 21 hosting services. Monday, Presidents’ Day court operations. A mid-contract report Paul Tichy 503.336.1388 13 was given in December. Final analysis, Holiday www.spottedhorse.com Thursday, YLS Drop-in Social recommendations and construction cost MBA office closed. See p. 10 for details. estimates will be reported in March, Bank of the Cascades 22 2011. The preliminary report finds that Generous array of benefits specifically designed 17 a renovation during operations would Tuesday, CEJ Annual Luncheon at for attorneys. Monday, Martin Luther King likely take between four and one-half to The Governor Hotel Elise Bouneff 503.499.5931 Holiday six years to complete. Work would occur Visit www.cej-oregon.org for www.botc.com MBA office closed. between 4 p.m. and 1 a.m. and/or possibly details. on weekends. Seismic and security The Bar Plan Online Court Bonds 20 upgrades would come first, followed by 24 MBA members can purchase a court bond Thursday, YLS Young Litigators new HVAC and phasing in its replacement Thursday, MBA CLE online with 24-hour turnaround time. Forum series begins of current systems. Construction would Real Property Deeds & Title Cathy Ahearn or Deborah Eller at See insert or register at be done two floors at a time, with staging Insurance in Oregon 1.877.553.6376 www.mbabar.org. on Salmon which would cause its closure See insert or register at www.mba.onlinecourtbonds.com www.mbabar.org. during the renovation timeframe. The 26 goal will be to design for contemporary Legal Northwest Staffing Specialists Wednesday, MBA CLE courthouse standards where possible. Special pricing for support staff hiring. Appellate Basics The preliminary report indicates that March Anneke Haslett 503.242.2514 See insert or register at certain operations would be moved out www.legalnw.com www.mbabar.org. of the building during construction and 1 Tuesday, MBA Board meeting some would be permanently removed to LexisNexis 27 other buildings. When the final report is Special packages and pricing exclusively for Thursday, YLS Community available, we will include it on the MBA Tuesday, MBA CLE MBA members. Service Day Web site, with an executive summary in a Estate Planning for the 1.800.356.6548 See p. 10 for details. spring newsletter issue. Gay Community www.lexisnexis.com See insert or register at 31 www.mbabar.org. Pro Bono Opportunities MBA Bank of America MasterCard Monday, MBA CLE Attorneys interested in gaining experience in Low annual percentage rate; percentage is Insurance Coverage in 3 criminal, family, immigration, landlord/tenant donated to Legal Aid Services of Oregon. Construction Defect Litigation Thursday, MBA CLE and employment law matters are encouraged to 1.800.438.6262 See insert or register at Intellectual Property volunteer for the Attorneys for Youth program. www.mbabar.org. See insert or register at Volunteers are placed on an on-call list and MBA Insurance Plans www.mbabar.org. are matched with homeless and near-homeless Member-negotiated group health and disability teens in need. There is no obligation to provide insurance structured specifically for lawyers and February 5 continuing representation to the client. firms. Saturday, WinterSmash at Steve Doty 503.284.1331 1 20th Century Lanes For more information, please contact Leslie www.mbabar.org Tuesday, MBA Board meeting See p. 9 for details. Edenhofer at 503.276.2166. The Naegeli Reporting Corporation Tuesday, MBA CLE – Elder 15 Downloadable CLE Seminars Discounts on court reporting, video Financial Abuse Litigation Tuesday, MBA CLE conferencing and videography. Audio recordings of past MBA CLE seminars See insert or register at Real Estate/Land Use/ 503.227.1544 are now available for download and use on www.mbabar.org. Environmental Law www.naegelireporting.com your personal computer or MP3 device. Simply See insert pr register at purchase online and download the audio and 3 www.mbabar.org. Office Depot written materials in minutes. MCLE-accredited Thursday, MBA CLE – Individual Up to a 40% discount on select items. content includes Child Abuse Reporting, Liability in Employment 30 Jason Thorud 503.290.0273 Multnomah County Judges Trial Practices, and Discrimination Cases Wednesday, MBA CLE Ethics Update, among others. Visit the MBA’s See insert or register at Annual Family Law Update UPS dedicated MCLE Web site at www.oregoncle. www.mbabar.org. See insert or register at MBA members can now save up to 26% on their com for more details. www.mbabar.org. express shipping courtesy of UPS. www.savewithups.com/multnomahbar.

Classified Advertising In addition to publishing classified ads in the Multnomah Lawyer, the MBA posts all classifieds at www.mbabar.org. To obtain a quote, email your ad text to Carol Hawkins at [email protected].

3 MuLTNoMAH Lawyer

Ethics Focus By Mark J. Fucile, Fucile & Reising. ANNOUNCEMENTS The “Hot 2011 MBA Firm Visits Take a Matter that Matters significantly advance their skills Potato” Rule Offered Sign the MBA 2011 Pro Bono and confidence as a trial lawyer, Our interactive firm visits are Pledge at www.mbabar.org/ no matter their experience magine this scene: You have long dedicated to finding out what probono.htm and commit to level. Enrollment is limited courtedI a major technology firm, members would like from their taking at least one pro bono case to 32 participants. For more Big Bucks Software. Big Bucks’ MBA membership and how this year. information, visit ocdla.org. general counsel calls to tell you that they prefer to volunteer, network a $100 million patent infringement and receive communications. MBA Noon Time Rides Queen’s Bench Luncheon claim has just been filed against it MBA representatives include a Gather at SW Yamhill and The January luncheon is in Portland by a small local firm, member of the Court Liaison Broadway between noon and at Trees Restaurant on Up Start Technology, and Big Committee to answer questions 12:10 p.m. on Mondays and January 11. The speaker is Bucks would like you to defend v. Jelco, Inc., 646 F2d 1339, 1345 about the courts and to elicit Thursdays. Contact Ray Thomas Judge Adrienne Nelson. The it. The general counsel asks if you n.4 (9th Cir 1981), summarized feedback on how the courts at 503.228.5222 with questions, or buffet-style lunch, including have any conflicts. You don’t think this rationale in applying Oregon could improve services and meet at the start. a vegetarian option, is from so but will run a conflict check just law: “If this were not the case, operate more efficiently. The 11:45 a.m.-1 p.m. Cost is $14. to be sure. To your chagrin, you the challenged attorney could MBA team also includes Oregon Criminal Defense For more information contact learn that one of your partners always convert a present client representatives for both young Lawyers Association (OCDLA) vice president Christine Coers- took on a land use matter three into a ‘former client’ by choosing and more experienced lawyers Seminars Mitchell at [email protected]. months ago for Up Start. To your when to cease to represent the as well as a pro bono expert. TheOC DLA will hold its fourth greater chagrin, your partner tells disfavored client.” Participants will learn more two-day intensive training, the Renew Your MBA you that the land use matter is about the MBA and the Trial Skills College, on February Membership Today expected to last at least a year and, The principal exception to the Volunteer Lawyers Project (VLP). 4-5 at the UO Law School in If you haven’t yet renewed your although completely unrelated to rule occurs when a conflict is Eugene. The program is designed membership for 2011, please the patent infringement case, Up thrust upon a law firm, by, for If your office would like our to train trial lawyers in the learn- do so today by going online to Start will not waive the conflict. example, a corporate merger team to come to your office over by-doing approach in a controlled www.mbabar.org/membership. In your desperation, you come involving a client and an adverse a noon hour, please contact non-threatening environment. htm. For questions, please call up with the bright idea of simply party. In that narrow situation, Guy Walden at 503.222.3275 or Lawyers of all experience levels 503.222.3275. withdrawing from the land use the thrust upon exception allows [email protected]. are eligible and the training will matter to “cure” the conflict. Your the firm to withdraw from one firm’s management committee of the representations. New York likes the idea but wonders whether City Bar Formal Opinion 2005- there is any down side. Can your 05 (available at www.nycbar.org) Happy New (Membership) Year! firm fire Up Start? contains an extended discussion Thank you for being a member. outings and committees benefit • Stay connected with the legal of this exception. If you have yet to renew for 2011, the community and legal community: Resources such Welcome to the “Hot Potato” Rule. simply take a few minutes to profession and provide valuable as the Multnomah Lawyer, The short answer, as put by the Although not technically exceptions, register online at www.mbabar.org. networking opportunities. the e-newsletter and the Web OSB in Formal Ethics Opinion the lateral-hire screening rule site keep you up-to-date with 2005-11 (at 2 n.1), is no: “A lawyer (RPC 1.10(c)) and the withdrawal Here are just a few reasons to • Comprehensive insurance news, events, and an online cannot ‘fire’ a current client in mid- rule (RPC 1.16(c)) provide other continue your membership: benefits: MBA membership member directory. matter to avoid the current-client potential remedies in some provides access to group health conflict of interest rules.” Formal situations that would otherwise • MCLE-accredited content, insurance, dental, vision, life, long- If you would like more Ethics Opinion 2005-11 cites the give rise to “Hot Potato” issues. anytime, anywhere: MBA term care and disability plans. information about the benefits seminal case of Picker Intern., Inc. The screening rule allows a firm to CLE seminars cover a wide of MBA membership, please v. Varian Assoc., Inc., 670 F Supp hire a lawyer who has worked on range of practice areas while • Exclusive member services: call 503.222.3275 or visit www. 1363, 1365 (ND Ohio 1987), aff ’d, the other side of an active matter downloadable audio recordings Members receive discounts mbabar.org. We look forward to 869 F2d 578 (Fed Cir 1989), where without having that lawyer’s conflict provide instant access to a from LexisNexis, Legal serving you in the New Year. the court gave this concept one of imputed to the hiring firm as long as library of past courses. Northwest, Office Depot, UPS, the catchiest names in legal ethics: the new lawyer is screened from the Bank of the Cascades, The “A firm may not drop a client like matter involved. The withdrawal rule • Committees and social events: Naegeli Reporting Corporation a hot potato, especially if it is in allows a firm to stay on a matter that Participation in volunteer and others. order to keep happy a far more would otherwise involve a conflict if lucrative client.” ordered to do so by a court.

In this column, we’ll look at the Consequences The MBA Brings contours and consequences of Know someone who is making a difference Although the “Hot Potato” through pro bono work? the “Hot Potato” rule. rule most often arises in the Exclusive UPS disqualification context, it has also Contours been applied in the disciplinary Savings to its Make a nomination today! The theory underlying the H“ ot setting. See, e.g., In re Johnson, 84 Potato” rule is that a firm can’t take P3d 637, 641 (Mont 2004) (citing Members advantage of the more forgiving the rule in a disciplinary case and MBA • LASO • OLC former client conflict rule by noting that “[s]uch behavior is Looking to save withdrawing from one of two unethical[.]”) The violation of some money? MBA Pro Bono Awards clients who are adverse. Under the an ethics rule does not typically members can now former client conflict rule,R PC 1.9, give rise to a civil damage claim. save up to 26 % a conflict with a former client only But, the Oregon Supreme Court on their express Senior Law Project exists if the matter involved is either in Kidney Ass’n of Oregon, Inc. shipping courtesy of UPS. Volunteer of the Year the same or substantially related to v. Ferguson, 315 Or 135, 142-44, For service to Multnomah County’s longest running an earlier matter the firm handled 843 P2d 442 (1992), found that To sign up for the UPS Savings pro bono project. for the former client or would the conflict rules reflect a lawyer’s Program or to learn more, involve using the former client’s underlying fiduciary duty of visit www.savewithups.com/ confidential information adverse to loyalty. Therefore, a fired client in multnomahbar. Members who Michael E. Haglund Pro Bono Award it. Under the more stringent current a “Hot Potato” situation might well already have a UPS account are For Young Lawyers in LASO, OLC, or MBA YLS pro bono projects. client conflict rule,R PC 1.7, any bring a breach of fiduciary duty eligible to enroll. adverse representation between claim against the firm. current clients creates a conflict that, The savings on shipping, which Pro Bono Award of Merit absent waiver, would in my example Mark Fucile of Fucile & Reising increases the more packages For exemplary pro bono work. prevent the firm from taking on Big handles professional responsibility, or letters the user sends, will Bucks adverse to Up Start. The H“ ot regulatory and attorney-client be applied once enrollment is Potato” rule holds that the current privilege matters and law firm complete. Look for the insert in this issue. client conflict standard continues to related litigation for lawyers, Nomination deadline February 14 apply even if a firm has withdrawn law firms and legal departments from one representation in an throughout the Northwest. effort to avoid a conflict. The Ninth His telephone and email are Circuit in Unified Sewerage Agency 503.224.4895 and [email protected]. 4 january 2011

A Retiree’s Pro Bono Practice By Mary Lou Haas.

to set my own priorities, plan my four grandchildren and three Please consider Active Pro Bono status when you retire. The need has own days and reap the benefits of my step-grandchildren. I enjoy never been greater. And thanks to the OSB, it has never been easier. years of hard work. traveling with my husband and going to lunch and dinner Yet here I am, hoping to reach other with friends. I find meaning in lawyers contemplating retirement volunteer work for numerous to urge them to join me in a nonprofit organizations. RICHARD G. SPIER retirement pro bono practice. To MEDIATOR help us do that, the OSB created a Right up there among my late new license status: Active Pro Bono. life rewards is the satisfaction I The fee is the same as an inactive feel when I help a client of the membership. There is no CLM E Debtor-Creditor Section Legal requirement although special Aid Bankruptcy Clinic obtain accommodations can be made relief from the piles of debt they for pro bono attorneys to attend have accumulated; debt that they I came to the practice of law CLE classes at reduced fees and could never pay from their low at 45, midway in my career sometimes free of charge. wage jobs or retirement, disability life. I served as an assistant or SSI benefits. attorney general in the Oregon There is no service hour Department of Justice. Among requirement to be in the Active I have been fortunate. I am one other assignments, I represented Pro Bono status. If you work with a of the lucky few who holds a Highly experienced–full-time neutral since 1992 the state as a creditor in certified pro bono provider such as ticket to help people with their � bankruptcy proceedings. the volunteer programs sponsored legal problems. To be sure, I Business & commercial; personal injury; employment; by Legal Aid Services of Oregon worked hard for that ticket - all real estate & construction When I turned 62, I chose an and the Oregon Law Center, you the more reason for wanting to � early retirement. After 16 years will be covered by their professional use it for as long as I can. I know Listed for Alternative Dispute Resolution in as a lawyer I was ready to live life liability insurance. And the stress? that eventually age will take away The Best Lawyers in America® without the stress of caseloads That is gone, too. You can take as some of life’s pleasures. At some and deadlines, the pressure to many cases as you want or none point I may not be able to drive a 503-284-2511 meet billable hour expectations, at all. You can practice law at your car and the day will come when Fax 503-284-2519 and the need to satisfy continuing own pace and on your own terms. I shouldn’t practice law. But until [email protected] www.spier-mediate.com legal education requirements. I that day, I will use my knowledge 2536 N.E. 28th Avenue � Portland, Oregon 97212-4916 was ready to live life where the I love retirement. I find great and skills and my “ticket” to help only boss I had was me. I wanted pleasure in time spent with my those less fortunate.

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5 MuLTNoMAH Lawyer 10 Tips on Legal Representation for St. Andrew Legal Clinic Pro Bono Clients Expands Services to Needy By Lori Alton, Oregon Law Center Pro Bono Manager. Oregonians As a pro bono volunteer, the accepting. They need to respect If they ask you to do legal Community Development Law challenges in representing clients your requirements for helping work that you did not agree Center (CDLC), which provides legal may be considerably different them with their matter. to, know how to refer clients services to nonprofit community- than in your daily law practice. 4. Identify issues clients may back to the sponsoring pro based organizations serving low-income people, has merged with St. Pro bono projects want your have as soon as possible. bono project if you are not Andrew Legal Clinic (SALC). experience to be a rewarding one. Do they have a phone, going to assist them. Here are some tips that we hope use email, and know how 8. Be patient with your clients. Founded in 1979, SALC provides low-cost family law services to 2,000 will help both you and your client to read? Do they have They may have many issues low-income Oregon families each year. For a family of three, living have a productive and satisfying childcare, employment or in their life that are making it on less than $18,310 a year qualifies for assistance. Client fees, which pro bono experience. transportation issues? Do hard for them to understand are charged on a sliding scale, pay for about half of SALC’s costs. The 1. Know what your role is. they have a language or or participate in their matter remainder comes from local donations and foundation grants. Before you accept a case, cultural issue? Find out early consistently. clarify with the sponsoring what is happening in your SALC’s 14 full-time attorneys represent English and Spanish-speaking 9. Understand that some clients clients in Multnomah, Washington, Clackamas and Columbia pro bono project so you know client’s life and that will make fear or don’t understand our what the expectations of working together easier for counties, many of whom struggle with domestic violence, child legal system. They may not custody disputes and issues regarding child support. More than 30 assistance are. The clearer you you both. understand the concept of are on your role, the better local law firms have assisted SALC by providing pro bono services 5. Think about how to best confidentiality. They may not to support the mission of the organization. Attorneys serve as board prepared you are to assist communicate with your understand that you are there your client. members, volunteer for night clinics, and participate in SALC clients. Consider their legal to help them. They may not fundraising events, such as the annual Race for Justice and Taste for 2. Clarify client expectations sophistication when talking understand the legal process Justice. For more information, visit www.salcgroup.org. of representation. You with them and writing to or certain legal concepts. Help determine your scope of them. Consider what reading your client understand and assistance. Explain it clearly level is appropriate in a have appropriate expectations and be honest about what you letter. Consider whether they of our legal system. Resources for Pro Bono might be able to accomplish. will understand you better 10. Never hesitate to call Setting expectations of verbally or in writing. your sponsoring pro assistance will go a long way 6. Respect your clients. Where bono project for help! It is Attorneys towards preventing client appropriate make sure they common for a pro bono By Catherine Yarnes, Legal Aid Services of Oregon. misunderstandings as you have the opportunity to project to have mentors, provide assistance. educational materials, Web participate in their matter. Pro Bono Web sites site information, referral 3. Help clients understand Return their phone calls www.mbabar.org/docs/ProBonoOppsMultCo.pdf information, client assistance that they also have and answer their questions The MBA links to numerous resources for attorneys who want strategies, etc., to help their responsibilities. They need to without condescension. to make a commitment to pro bono work and lists pro bono volunteers. Although each keep appointments, keep you 7. Know how to refer clients. opportunities in Multnomah County. updated about their contact If a non-legal issue comes pro bono project is different, all should be able to help you information and keep you up, know how to provide a www.osbar.org/probono with questions you have. updated on information they referral for social assistance. The OSB Web site has information and resources on pro bono have on the matter you are programs in Oregon.

www.oregonadvocates.org This is a one-stop Web site with resources (such as video and written training materials) for Oregon lawyers serving the Two Anniversaries One Challenge public good in Multnomah County and throughout Oregon. Legal Aid Funding Sources are Pinched Membership is free and takes just a few minutes. at a Time of Great Need www.abanet.org/legalservices/probono/volunteer.html The ABA’s Standing Committee on Pro Bono & Public Service By Cliff Collins. and the Center for Pro Bono is a national source for information, Portions of the article reprinted with permission, OSB Bulletin, December 2010 resources and assistance in the delivery of pro bono services.

“This year marks the 75th www.probonoinst.org anniversary of legal aid in The Pro Bono Institute supports pro bono work by law firms and Oregon, and the nonprofit corporate legal departments seeking to enhance justice for the organization that helps fund poor and disadvantaged. legal aid is observing its 20th year. These significant milestones www.probono.net are tempered by a distressed Pro Bono Net provides national resources for pro bono attorneys economy, high unemployment working to assist low-income or disadvantaged clients. and modern-record matching poverty rates.” Continuing Education in Substantive Legal Areas … Download free CLE written materials from www.mbabar.org “The rate of the poverty (Member Section). population, of people in the state in poverty, is higher,” says Legal Download free CLE materials or handbooks from www. Aid Services of Oregon’s executive oregonadvocates.org. Sign up as a pro bono attorney and go to the director, Thomas J. Matsuda. ‘The Library Section for classes and materials. number of people looking for legal services is higher. “The applications for services and “Also on the increase have Download self-help handbooks written by legal services staff that the kinds of cases legal aid offices been challenges to the denial are available at www.oregonlawhelp.org. These handbooks are “‘Nearly 800,000 low-income are seeing have remained similar of unemployment benefits, and designed for laypersons with applicable statutes, remedies, forms Oregonians now are eligible for to before the recession, but there higher rates of foreclosures, and sample letters. This is a great primer for the basics in some legal aid services, and the need are more of them. In most years, especially affecting tenants who common areas of law. has increased under pressure from around 40 percent of all cases live in properties where the a weak economy,’ says Sandra legal aid handles are related to owners are in foreclosure. The rate Helping Clients Find Resources Hansberger, executive director of family law, almost all of which of bankruptcies also has risen, Dial 211 24 hours a day or go to www.211info.org to get help the Lawyers’ Campaign for Equal involve domestic violence. But the of course, to ‘some of what we’re from professional intake staff who refer clients to health and Justice, the nonprofit fundraising reported instances of domestic doing is counseling about whether community organizations in the Oregon and SW Washington arm of legal aid in Oregon. Studies violence have been more frequent, bankruptcy is the right way to go,’ regions. show that fewer than 20 percent of and the severity greater, according he adds.” the legal needs of this population to Matsuda. are being met each year.

6 january 2011

Roberts Kaplan’s lawyers’ experience and expertise expands Lane Powell’s existing practice and AROUND THE BAR industry groups, especially in the areas of banking, securities, M&A, litigation and specialized real ATER WYNNE volunteer leadership in moving organizations. As a board member estate. Their combined experience Ater Wynne is the first recipient the legal profession to embrace with Portland Children’s Museum in serving the legal needs of banks of the Sustainable Law Office sustainability as a goal. since 2007, she was honored for solidifiesL ane Powell’s position Leadership Award by the OSB outstanding board leadership. as the leading provider in the Sustainable Future Section. Miller has a long record of PacificN orthwest for the financial This award was developed developing and nurturing In addition to Morrison’s services industry. to recognize innovative and sustainability initiatives within recognition, the firm was also meaningful strategies for his firm, in Portland’s business, recognized among the top Lane Powell will expand into integrating sustainability into the legal and civic communities Oregon business donors to the the Roberts Kaplan office in the David Markowitz legal profession. and on behalf of clients. He arts among medium companies ODS Tower, where Lane Powell founded and co-chairs the firm’s (100-500 employees). currently occupies three floors. brief on the groundbreaking sustainability practice group. He Tanner v. OHSU decision that also chairs the environmental and helped secure equal benefits for natural resources practice group. same sex domestic partners and their families in Oregon. Kristin Bremer and Gwendolyn Griffith were elected to the firm’s Nakamoto will be the first Asian partnership. American from Oregon to serve as a judge on any state or federal An experienced litigator, Bremer appellate court within Oregon. advises corporate managers and small business owners on matters David Markowitz, a shareholder of wage and hour law, the Fair in the firm, was inducted into the Labor Standards Act, sexual International Academy of Trial harassment, discrimination and Lawyers (IATL) at their mid-year Erik Swanson claims under the Americans with meeting held in November. Disabilities Act and the Family BULLIVANT HOUSER BAILEY Medical Leave Act. Tim Nay Lynn Nakamoto The academy invites only lawyers Roots & Wings, a nonprofit LAW OFFICES OF NAY & MARKOWITZ HERBOLD ET AL who have attained the highest organization created in 2004 by Griffith is a member of the firm’s FRIEDENBERG Governor Ted Kulongoski level of advocacy and allows no attorney Erik Swanson, creates taxation and wealth planning Attorney Tim Nay has recently appointed Lynn Nakamoto to more than 500 US members. It honors those attorneys who have educational opportunities to practice groups. Her practice been appointed to the State Plan the Oregon Court of Appeals. promote development, as defined includes business formations, for Alzheimer’s Disease Oregon Nakamoto fills the vacancy achieved a career of excellence by local communities. The reorganizations and dissolutions, Task Force. The mission of the created when Judge Jack Landau through demonstrated skill and organization describes its work and crafting complex wealth task force is to develop a strategy was sworn in as a justice of the ability in jury trials, trials before as “rooted in recognizing the transition structures and to mobilize Oregon’s response to Oregon Supreme Court. the court and appellate practice. importance of culturally responsive governance systems. this public health crisis. education that empowers students Nakamoto was the managing IATL members are engaged to connect their cultural identity Nay is the founding president of shareholder at Markowitz, Herbold in civil practice on both the with sustainable social and the National Academy of Elder et al, where she most recently plaintiff’s and the defendant’s side economic development.” Law Attorneys and founding specialized in employment and of the courtroom, and the trial of member and past chair of the business related litigation. “Lynn criminal cases. A comprehensive Together with TECO Guatemala, Elder Law Section of the OSB. Nakamoto is an outstanding lawyer screening process identifies the a reliable energy generator with broad legal experience and most distinguished members company with two plants an outstanding reputation in the of the trial bar by means of in Guatemala, a “Roots and legal community,” said Governor both peer and judicial review. Wings International Learning Kulongoski. “Her significant Markowitz has been evaluated Center” was inaugurated. The experience in civil litigation, at both by his colleagues and the judges project brings technology to the the appellate and trial levels, and in his jurisdiction and has been 11,000 people who live in the diverse substantive background highly recommended by them as municipality of Nahualá. that spans from poverty law to possessing these qualifications commercial litigation will make her and characteristics. Rick Baroway a tremendous asset to the Court of App e a l s .” The Around the Bar column FARLEIGH WADA WITT reports on MBA members’ moves, Rick Baroway has joined the Nakamoto was a founding transitions, promotions and other firm. He will maintain a diverse member of the Oregon Minority honors within the profession. The practice assisting businesses, Lawyers Association and is a past deadline is the 10th of the month financial service providers, real board member of the Q Center, a preceding publication or the estate parties and nonprofit Marshal P. Spector GLBT community center in North previous Friday if that date falls on organizations with their real YATES, MATTHEWS & EATON Portland. She has been a long a weekend. All items are edited to fit estate, business, finance and Marshal P. Spector, a family law time advocate for equality, serving column format and the information debtor-creditor needs. attorney and of counsel to the on the OSB’s Affirmative Action is used on a space-available basis in firm, has joined the DonateL ife Committee and performing pro the order in which it was received. Northwest Board. Marshal donated bono work for the Senior Law Submissions may be emailed to a kidney to a friend three years Project and the ACLU of Oregon, [email protected]. Kristin Bremer ago and hopes to assist Donate including preparing an amicus Life Northwest in its mission of saving and enhancing lives through the promotion of organ, eye and tissue donation. He has practiced family law in Oregon for 20 years, MBA Thanks MBF Donors representing clients in divorce, custody, parenting time, support, Thanks to the following MBA members, who donated modification and prenuptial more than the $25 suggested amount for the 2011 MBA matters. Membership Drive.

LANE POWELL Leonard Bergstein James McVittie Sheila Fox Morrison Seventeen lawyers from Roberts John Crawford Gail Meyer DAVIS WRIGHT TREMAINE Kaplan joined Lane Powell. The Michelle Druce Sheila Potter firms share similar cultures and Northwest Business for Culture Michael Dwyer John Powers commitment to client service, Gwendolyn Griffith & the Arts (BCA) honored firm Keith Garza Charles Reynolds partner Sheila Fox Morrison with each firm bringing highly specialized expertise to the table. Julia Hagan Ronald Rhodes TONKON TORP with its Hero to the Arts Award. Jonathan Harnish Richard Sly Max Miller Jr. has been honored by the OSB with one of two Morrison was one of four local Kathryn Elise Jackson Todd Worthley new awards for Sustainable individuals honored with BCA’s Wesley Kirtley Leadership. Miller earned the hero award for their contributions award in recognition of his to local arts and culture 7 MuLTNoMAH Lawyer Tips for Handling Pro Bono Family Abuse Prevention Act Cases By Judge Youlee You, Multnomah County Circuit Court.

O ne of the best ways for young lawyers to gain pro bono experience is to represent petitioners in contested Family Abuse Prevention Act (FAPA) hearings. Although these evidentiary hearings are conducted before judges and not juries, attorneys have the opportunity to prepare and present evidence, question witnesses, make objections and argue on their feet. Attorneys get good trial experience and good By Elizabeth Knight, Dunn Carney et al and Court Liaison Committee member. pro bono experience at the same time. Who could ask for more? assignment docket (domestic Presiding Judge’s Report and The expedited civil jury trial web employee who could offer relations call). The ordinary Courthouse Update system is in place and the court is consulting (gratis), that would Although this is not an FAPA docket has up to six Judge Maurer reported eager for lawyers to start using it. be greatly appreciated. exhaustive list, here are a few tips hearings every Monday and that Multnomah County The brown bag last month was a from judges who routinely hear Thursday at 9 a.m. and 2:30 commissioners are still success; it was well-attended and Fall Brown Bag FAPA hearings: p.m., and therefore cannot interested in evaluating the attendees seemed interested The committee’s fall brown bag accommodate cases that are whether or not renovation in the new expedited jury trial on the court’s new expedited 1) Outline the elements of the longer than 45 minutes. of the Multnomah County system. (To learn more about the jury trial system went well. FAPA statute (ORS 107.710). Courthouse, with most system, visit www.mbabar.org/ Approximately 50 lawyers Have a witness or exhibit to 9) Be creative regarding court functions remaining courts.htm). attended, and there was prove each element. Very parenting time. Is there a in the courthouse during the excellent participation from often, this will be just the relative, friend or other safe remodeling, is a possibility. Chief Justice De Muniz recently both lawyers and judges. petitioner. and neutral third party that SERA Architects recently signed an order establishing can help the parties reach a presented information on that Oregon complex litigation courts, Court Liaison Members as 2) Prepare succinct opening and parenting time solution that option at a meeting attended which will be administered by a Ambassadors for the Court managing panel of judges. Cases closing statements. works all involved and keeps by Judge Maurer and others. Eric Dahlin asked all committee your client safe? At this point it is too early to will be assigned to a particular judge, who will travel to the members to be ambassadors 3) Familiarize yourself with the say whether renovation will be for the court. If a committee rules of evidence, which apply 10) Speaking of safety, make sure the most viable option, but it is jurisdiction where the case is filed. The assigned judge will manage member hears a complaint from to these hearings. This is a that you exercise appropriate being explored as a possibility. a member of the bar, the member good opportunity to exercise safety precautions inside and the case. This program will likely provide a good resource to is encouraged to discuss the your knowledge of when the outside of the courtroom. The reductions in referees complaint with the person and evidence code applies and If you have concerns about and other staff required due counties without sufficient docket time or expertise. determine whether the problem learn when objecting is not your client’s safety, ask the to the decline in state revenue is real or whether it is a problem necessary. court to have the respondent continues to affect the court. To MBA Deposition Guidelines of perception (e.g., there is a remain in the courtroom for this end, the court is looking for rumor that cases do not get out 4) Pictures of injuries and 15 minutes so that your client ways to improve efficiency in its The committee had been asked to to trial in Multnomah County; relevant recorded phone can leave the building without operations, and Judge Maurer gather input on whether or not the however, that is a misperception messages can be helpful. If the running into the respondent welcomes input from the bar. 1992 MBA Deposition Guidelines we should try to correct). pictures are from a cell phone, in the elevator or on the street She wants to know how the need changes. The consensus was Complaints should also be have copies printed so that outside the courthouse. court could do things differently that they are sufficient and should conveyed to the committee. you have a useful exhibit and so that the needs of clients and not be changed, but they should a better record for appeal. 11) Does your client need an the needs of the court are met. be reviewed and re-adopted so Committee ambassadors could interpreter? Make sure to that they have a more recent date. participate in MBA firm visits 5) Don’t panic when the evidence contact Interpreter Services A lawyer recently suggested Eric Dahlin received little input to answer questions about the is different from what your well in advance of the hearing eliminating multiple trial from OTLA and OADC on the state courts. Eric Dahlin, Mark client told you. Maintain focus date. Interpreters have busy call settings. The committee guidelines. Peterson and Andrea Anderly and reassess your case as the schedules and are not always discussed this idea but the volunteered to participate in evidence unfolds. available. Additionally, general consensus was that trial Court Resources Sub- firm visits. some interpreters need to be calls are beneficial to lawyers Committee Report 6) If you show up for the hearing flown in from other states, and their clients, as deadlines The MBA has pledged $10,000 Judicial Feedback and the respondent has depending on the language. help keep cases on track. The towards the new A/V cart which witnesses or discovery that committee also discussed the A related subject was that in the court will use for video 2002 or 2003, the MBA created you were not aware of and If you are interested in ADR requirement; some lawyers conferencing. you need more time to refute volunteering, contact Catherine on the committee liked the a judicial feedback process which lawyers could use to it, ask for additional time. Yarnes at Legal Aid Services of requirement and some did not. MBA Web site Oregon, 503.224.4086, probono@ anonymously provide feedback to 7) Do not get caught up in all lasoregon.org. Eric Dahlin suggested the court John Rothermich is reviewing judges. The committee discussed of the parties’ issues, as many institute a requirement that the MBA Web site. He welcomes revisiting the process to decide of them are not related to Many thanks to all of the lawyers must confer regarding suggestions from committee whether or not to recommend its FAPA, for example, parenting attorneys who have generously jury instructions and verdict members, particularly if they reestablishment. Judge Maurer practices (as opposed to committed their time and energy forms in advance of trial. The cannot find something easily commented that it is important to parenting time), financial to these cases. Also, special thanks committee liked the idea. The on the Web site. A vendor will know whether complaints about issues, property issues, etc. to the Multnomah County family committee also discussed federal evaluate the site and will provide judges relate to temperament or court judges for their suggestions court process and explored feedback. If anyone is interested subject matter expertise. Judge 8) cases that will take longer and tips for this article. whether or not some of that in helping strengthen the MBA Maurer is also interested to know than 45 minutes must be put process could be used on the Web site, please contact Judy whether lawyers want a judge with on the domestic relations trial state side to improve efficiency. Edwards at [email protected]. particular subject matter expertise If any firms have a designated assigned in particular cases.

8 january 2011 Encapsulating a Firm Culture of Pro Bono By Cathy Petrecca, OSB.

When an associate at Farleigh members to do so also. Last year Wada Witt is evaluated for all members of the firm engaged becoming a shareholder in the firm, in some type of public service. Tools to Help Your Firm one of the factors on which she’ll Incorporate Pro Bono be evaluated is her pro bono work At Harrang Long Gary Rudnick and public service. Each associate’s PC, the firm’s internal policies into its Practice annual professional development directly incorporate the OSB Pro plan typically includes a discussion Bono Aspirational Standard. The Commit to the MBA Pro Bono Pledge, “Take a of the attorney’s pro bono work and policy specifically allows attorneys community service. to include up to 40 hours of direct Matter that Matters” at www.mbabar.org/probono.htm pro bono representation to satisfy Mark Wada, president of the the attorney’s production goals Add a pro bono policy to your firm’s policies by using firm, says that his firm wants its every year. Attorneys there are the OSB Pro Bono Model Policy Tool Kit at members to be aware of their expected to include their pro bono commitment to public service all or other public service goals as www.osbar.org/probono/policy/intro.html year long. Consequently, the firm part of their professionalism plan. Bob Steringer includes pro bono work in its Whether or not an associate has Find pro bono opportunities at both the MBA planning. fulfilled his plan is part of the end- of many Multnomah County and OSB Web sites: of-year evaluation process. law firms that incorporate pro The firm has taken the MBA Pro bono work into their everyday • www.mbabar.org/docs/ProBonoOppsMultCo.pdf Bono Pledge since its inception Farleigh Wada Witt and Harrang work life. How do they make • www.osbar.org/probono/VolunteerOpportunities. and encourages its individual Long Gary Rudnick are two that happen? Firm policies, html the MBA Pro Bono Pledge and an understanding that part of professionalism is giving back. Associates at Harrang Long are higher profile than those who Harrang Long’s Vice President eager to engage in pro bono aren’t. When he is deciding on a Bob Steringer believes there are work for both altruistic and more referral for a client, he considers simple ways to encourage pro selfish reasons: court time. His the firm’s attitudes and actions bono work in a firm, without firm is known for its appellate related to access to justice, adding a huge administrative practice and newer lawyers there whether it is through visible pro process. Simply consider pro have handled administrative bono work or donations to the bono work the equivalent of appeals on a pro bono basis, Campaign for Equal Justice. income-producing work when giving them the opportunity to it comes to staffing and be sure appear in court. Attorneys who volunteer for to encourage, recognize and pro bono service gain more reward those attorneys who meet Mark Wada also finds that pro experience, enhance the status their professional obligation bono service has an added bonus. of lawyers, and provide a by providing public service. Those attorneys who are active meaningful service to all citizens Farleigh Wada Witt attorneys in public service simply have a in our community.

Finding a Great ‘Pro Bono Match’ WinterSmash Benefits How to Pick a Pro Bono Opportunity that Will Minimize Multnomah CourtCare Your Stress and Maximize the Benefit to You, to the Program By MBA Membership Committee members. and the Client TheN inth Annual WinterSmash By Sharon M. Brown, Statewide Pro Bono Program Manager, Oregon Law Center. is slated for Saturday, March The program seeks to improve 5 from 6-9 p.m. at AMF 20th the operation of the courthouse Century Lanes (3550 SE 92nd by protecting children from How do you pick a pro bono of law to the types of cases handled t “I want to help a particular type Ave. in Portland). potentially disagreeable court opportunity? Many people by pro bono programs. Some of client” - if this fits you: settings. report that they get involved in a examples include: • Oregon Crime Victims Law Lanes will be available exclusively program that their firm or friends • Bankruptcy clinics - lawyers Center, National Crime Victims for MBA members and their So, come enjoy the company of participate in, or one that their OSB practicing bankruptcy law, Law Institute friends, colleagues and families your colleagues, some good food, section is involved in, or simply one debtor-creditor law and for an evening of fun and food. play a game you know you love that asks them to become involved. • Immigration Counseling Bumper lanes will be set up for and support a good cause. Tickets transactional law can find a Services, Catholic Charities The great majority of these good fit children. The event serves as the are $38 for adults and $15 for opportunities turn out wonderfully. Immigration Legal Services kickoff of fundraising efforts for kids 3-12 years old. Price includes However, increases in the number • Pro Bono Oregon listserv - a wide • OSB Military Assistance Panel Multnomah CourtCare. food, drink, shoes, balls, lane time and variety of pro bono programs variety of legal issues come each and the satisfaction of knowing t “I want to give advice but not in Oregon can allow you to fine- week on this listserv CourtCare, a project of the MBA, you’re supporting CourtCare. take a ‘case’” - if this fits you: tune a pro bono opportunity • Lewis & Clark Small Business is operated by the Volunteers of Prizes will be awarded for the using more factors than ever Legal Clinic • OSB Lawyer to Lawyer Program America-Oregon (VOA). Tax highest and lowest individual before. I work to help develop pro deductible donations may be scores, the group with the most • MBA YLS Nonprofit Project • Mentorship opportunities bono solutions in my position as through Pro Bono Oregon made to the Multnomah Bar participants in attendance and the statewide pro bono program • Pro Se Assistance Project - Foundation. The program aims the group with the best bowling manager for the Oregon Law lawyers practicing family law • St. Andrew Legal Clinic to provide a compassionate way shirt. In addition, a trophy will be evening intake Center, and I work closely with t “I want to get litigation to protect young children from presented to the group with the other pro bono programs and experience” - if this fits you, there The MBA Web site (www.mbabar. unpleasant courtroom situations. highest team score (computed committees. are two areas of great need that are org/docs/ProBonoOppsMultCo. based on top three scores, with sure to get you litigation experience pdf) provides listings of pro bono A converted Multnomah County only one score from each player Your first step is to think about quickly, with a narrow range of opportunities and you can take the Courthouse jury room serves as counting). Raffle tickets will what you want from a pro bono legal issues and multiple training Pro Bono Pledge at the same time. a fully-staffed and licensed drop- be for sale. The event promises experience. Then, you should think materials offered: Oregon pro bono providers offer a in childcare center for children to be a good time; don’t miss about what questions to ask when significant range of opportunities and infants. CourtCare, which this opportunity! Register via • Domestic Violence Project choosing that experience. for that “perfect match.” The opened in 2001, serves up to 100 the insert in this issue of the (restraining order and stalking Oregon Advocates Web site (www. children a month in a safe and Multnomah Lawyer. order hearings in the tri- Here are some suggestions on oregonadvocates.org) provides nurturing place to play while county area) finding your “perfect match.” a list of opportunities by area as parents or guardians tend to • Unemployment Insurance well as a central location for access court business. t “I want to work in something hearings - many are placed to free downloadable video and close to my current practice” - if through the Pro Bono Oregon this fits you, try to match your area listserv Continued on page 11

9 MuLTNoMAH Lawyer

New and Willing to Help: Amanda Guile Makes Big Pro Bono Impact By Lee Ann Donaldson, YLS Pro Bono Committee Member. She’s been an attorney licensed Amanda signs up for two or Young for only a year and yet Amanda three days a month to serve Guile has already volunteered to as legal counsel in contested represent 10 clients through the restraining order hearings. If Lawyers Domestic Violence Project (DVP). the DVP receives requests for representation from clients on The DVP is one of six projects those days, then Amanda will coordinated by the Volunteer be connected with the client and Section Lawyers Project of Legal Aid represent them at the hearing. Services of Oregon. Volunteers This coordination usually with the DVP represent victims happens about a week in advance. of abuse in contested restraining Community Service Day order and stalking order hearings. Amanda’s interest in the law began during high school at All Volunteers Welcome! Maya Crawford, the supervising McNary High in Keizer, where Amanda Guile attorney of the Volunteer she worked at the Marion Help us fight hunger and join the YLS Service to the Public Lawyers Project called Amanda County Drug Court. While Denver. She has always viewed Committee at the Oregon Food Bank on Thursday, January 27 from “an exceptional volunteer.” obtaining her political science herself as an advocate for women’s 6-8:30 p.m. We will work to organize and repackage donations for Crawford said “Although and history degrees at Willamette rights and wants to increase distribution of emergency food boxes throughout Oregon. Friends, Amanda is a relatively new University, Amanda became a awareness of domestic violence family and children over the age of 12 are welcome to join us. volunteer, she has quickly family law facilitator for Marion through her service. Amanda is become a knowledgeable and County Circuit Court. Amanda a business litigation associate at To sign up and for more information, email Kyoko Wyse at dependable advocate for our continued to serve women and Bateman Seidel et al. [email protected]. You do not need to be a member of YLS. clients. We appreciate her families while obtaining her enthusiasm and adaptability.” law degree at the University of Be on the lookout for future events with organizations like the Oregon Humane Society, Children’s Relief Nursery and more!

Mutual Aid YLS Imprint Program Looking for By Matthew Sorensen, Garrison Law Group. Volunteers case in-house, we had a roster Community of attorneys signed up who were The highly popular Imprint Program is back for another year and is willing to take the case pro bono. Service Day at soliciting volunteers. The program provides volunteers with a “pen We were able to place numerous pal” at Parkrose High School with whom you will exchange a handful taxpayers with outside referrals, the Blanchet of letters throughout the spring, revolving around a book they are and they received free legal reading in English class. The program culminates with a year-end assistance in cases where they House pizza party where students and volunteers meet in person. Imprint is otherwise might have foregone a great way to get involved with local students and is regularly one of representation altogether. On December 3, the YLS the YLS Service to the Public Committee’s most popular programs. So Service to Public Committee sign up today! To volunteer, go to www.mbabar.org/community-law- Where LASO struggles on organized volunteers to serve week/index.php, or contact Raife Neuman, [email protected], occasion, however, is being meals to Portland’s homeless for more information. able to make a placement. The and less fortunate citizens referral attorneys have regular at the Blanchet House of case loads, are busy, or sometimes Hospitality in NW Portland. Welcome, New Admittees! the matter simply is outside the Blanchet House’s mission is t is no secret that the economy “To feed, clothe, and offer I areas of expertise. We would have On November 18, the YLS Membership Committee hosted the annual in Oregon is poor. Even with shelter and aid to those in benefited from more attorneys YLS New Admittee Social at Kells Irish Restaurant & Pub. This event trickles of good news coming need,” services that they have agreeing to accept referrals. gave new admittees to the OSB and young attorneys an opportunity to in from most of the country, provided since 1952. Because This, of course, is not limited to mingle in an informal setting. the “good” news in Oregon is the tax clinic, as LASO takes on the need this season is now that we have finally hit bottom. greater than ever, the YLS was cases that get into any number of As part of the evening program, the YLS committee chairs gave What the slow economy has eager to help. practice areas. Oregon would be brief introductions of their respective committees, presenting new meant for this state is that many better off if more attorneys would admittees with a fun way to get Oregonians are facing legal Volunteers served meals to take on at least one pro bono involved in the legal community. difficulties without the means matter each year and expand guests throughout the evening to pay for it. Having spent a and then were invited to access to justice in Oregon. The YLS would like to acknowledge year volunteering for Legal Aid stay and enjoy an excellent the support of LexisNexis, which Services of Oregon’s (LASO) dinner with the staff. Besides Finally, one other impact of sponsored the event. Multnomah County office in the the poor economy is the low providing a valuable service Low Income Taxpayer Clinic, I to those most in need in the rate of employment for newer Thank you to all who participated. have seen this firsthand. Portland area, volunteering attorneys. Working as a volunteer We look forward to seeing you at Megan Tower of LexisNexis with with Blanchet is a positive with LASO and St. Andrews, in the next social! new admittee Michelle Sugahiro In the tax clinic, we work to particular, is an excellent way and rewarding experience for resolve debt issues through to gain experience and prevent volunteers. Much thanks to settlement offers and installment the skills you spent three years Jodie Ayura, Nik Chourey, agreements, assist with audits and many thousands of dollars Gina Delahunt, Cashauna and help with other tax obtaining from going stale. Hill, Jeanne Sinnott, Alex YLS Drop-in Social and issues. The staff attorneys and Sutton and Kyoko Wyse for volunteers work very hard LASO and St. Andrew will also participating. Trivia Night to accommodate those who provide volunteers with PLF qualified for LASO’s services. coverage, an expense that many If you were unable to join us However, in the year I spent job seekers cannot afford. From this time, future opportunities Join us at the next YLS Drop-in Social on as a volunteer, I encountered personal experience, I urge any to volunteer are always Thursday, January 13 at 5:30 p.m. at 21st Avenue numerous potential clients new attorneys facing a tight job available and encouraged. To Bar and Grill, located at 721 NW 21st Ave. Come LASO was unable to help find out how you can help, market to consider taking on for happy hour and then stay for Trivia starting because of lack of resources. This pro bono matters while they please contact Blanchet House is where LASO depends on the are conducting their job search. at 503.241.4340. at 7 p.m. The social is free to attend; the cost to assistance of outside attorneys You will have experience to www.blanchethouse.org. participate in the trivia is $3 (payable to trivia who are willing to take on pro put on your resume, and, more host Pub Quiz the night of the event). bono cases. If LASO did not importantly, will help deserving have the resources to accept a Oregonians.

10 january 2011

ZRBG: Pro Bono Work to Assist PRO BONO VOLUNTEERS Holocaust Survivors Thanks to those who donated their pro bono services inN ovember via By Meghan Moran, Davis Wright Tremaine. the Volunteer Lawyers Project, the Senior Law Project, Community Development Law Center, law firm clinics, the Oregon Law Center, pension payment in an amount German Federal Social Court the Nonprofit Project, St. AndrewL egal Clinic, Catholic Charities dependent on several factors loosened the interpretation of Immigration Legal Services, Lewis & Clark’s Small Business Legal Clinic, including the amount of time the the requirements and survivors Children’s Representation Project and Attorneys for Youth. Check out survivor worked in the ghetto. resubmitted their applications the Pro Bono Opportunities in Oregon handbook at www.mbabar.org/ On death, the survivor’s widow/ (or submitted them for the docs/ProBonoGuide.pdf if you want to volunteer. widower is also eligible to receive first time). Now, Germany is the pension. responding more quickly than Robert Altman • Patty Arjun • Brittany Berkey • Melissa Berube • ever before and many survivors Tami Bishop • Andrew Bobzien • Jacob Braunstein • Jennifer Welch In order to be eligible, a survivor and their widows/widowers are Bruce • Caroline Cantrell • Brett Carson • Ann Chapman • Tom must have performed voluntary, finally receiving the pension. Chow • Skye Christakos • Emily Cohen • Craig Cowley • Amy remunerated work while living Davidson • Kenneth Davis • Nicole Deering • Robert Demary • in a ghetto that was in Germany The pro bono legal work Peter Diamond • Nikki Dobay • Peter Dorn • Mary Dougherty or under German occupation. requires researching the ghetto • Chris Edwardsen • Dan Eller • Kelly Evans • Megan Evans • A number of Portland attorneys Although none of the work where the survivor client Jon Fritzler • Richard Friz • Gregory Fullem • Anne Furniss • W. have signed up to assist with performed was likely truly worked and where the client George Senft • James Geringer • Andrew Ginis • David Gray • a worldwide pro bono effort “voluntary,” it must be shown was both before and after the Amanda Guile • Mary Lou Haas • Natalie Hedman • James Hein • to assist Holocaust survivors that it was not done under the ghetto for a number of years. David Herman • Theressa Hollis • Laurel Hook • Amie Jamieson in getting a pension from the direct threat of death or physical This often requires researching • Ed Johnson • Samuel Justice • Joshua Kadish • Thomas Karnes German government for work injury. Often this work was done concentration camps to see • Erin Keeler • Daniel Kleid • Karen Knauerhase • Cara Lacy • the survivors did while in at the request of the ghetto’s when the camps were closed or Andrew Lauersdorf • Carol Lavine • Grace Lee • German ghettos during World Jewish council that helped liberated to help the client piece Deborah Le Meitour • Elizabeth Lemoine • Sharon Lezin • Shelly War II. The pro bono effort is organize life in the ghetto, or together a timeline. Matthys • Tim McNeil • Shawn Menashe • Karen Nashiwa • Carl spearheaded by the Holocaust perhaps in exchange for food or Neil • James O’Connor • Susan O’Toole • Jonah Paisner • Vanesa Survivors Justice Network, which some money. After performing this initial Pancic • Richard Parker • Paul Paschelke • Deneil Patterson • was created to assist Holocaust research, the attorney meets Joseph Peck • Hon. Elizabeth Perris • David Petersen • Vivienne survivors in many legal areas. “Remuneration” simply means with the client in a face-to- Popprel • Natasha Richmond • Daniel Rosenhouse • Arthur Saito • While there are several ongoing that it must be shown that the face interview to determine Valerie Sasaki • Gary Scharff • Troy Schmidt • Haroldl Scoggins remuneration efforts (some survivor received something the exact whereabouts of the • Elisabeth Shellan • Richard Slottee • Morgan Smith • Marshall stretching back 50 years or for doing the work - food, survivor to the best of his or Stagg • Renee Starr • Michael Sterner • Nanina Takla • Kara more), this particular effort safety, shelter, clothing, etc. her memory. Ideally, there will Tatman • Bruce Towsley • Todd Trierweiler • Alan Unkeles • is called the ZRBG Pension - in exchange for the work be some documentation to Evans Van Buren • Hon. George Van Hoomissen • Mark von Project. ZRBG is short for performed. Time spent in support the dates, but much of Bergen • Meredith Weisshaar • Beate Weiss-Krull • Ellen Welter • Zahlbarmachung von Renten aus concentration camps, slave labor this has, unfortunately, been Meghan Williams • Charles Wilson • Amber Wolf • Eric Woodard Beschäftigungen - a law passed in camps, in displaced person lost. The information gleaned • Todd Worthley • Terry Wright • Kyoko Wyse • Yong Yang • Germany in 2002. camps or in hiding would from the research and interview Amy Zubko also count toward the pension is used to fill out various forms The intent behind the law is timeframe (again, if certain required by Germany. that while many people worked requirements are met) since in ghettos in Germany or in the survivor could otherwise Anyone interested in assisting MBA Thanks VLP Donors countries under German rule, have been performing work that with the ZRBG project should they were not paid cash for would have made them eligible contact Julie Orr, Pro Bono Thanks to the following MBA members, who donated more than performing this work, and for a pension. Coordinator at Davis Wright the $25 suggested amount for the 2011 MBA Membership Drive. were not given credit towards Tremaine (julieorr@dwt. their social security pension for For the first years of the ZRBG, com). If you know a Holocaust Keith Bauer Christopher Page performing the work for the most applicants were denied survivor who may be eligible Leonard Bergstein William Penn German government. A 1997 a pension because of a very for a ZRBG pension or other Michelle Druce Sheila Potter court ruling found that each strict interpretation of both reparations, please contact Jill Michael Dwyer Charles Reynolds of these ghetto workers was “voluntary” and “remuneration.” Neuwalt, Holocaust Survivor Keith Garza Ronald Rhodes entitled to receive a pension Many survivors whose Outreach Specialist at Jewish Julia Hagan Diane Rynerson from the German government applications were rejected filed Family and Child Services Mark Hansen Gary Scharff if certain criteria were met. If administrative appeals, but they ([email protected]). Kathryn Elise Jackson Ingrid Slezak eligible for ZRBG payments, were still rejected by the court. Wesley Kirtley Kathryn Tassinari the survivor receives a monthly It wasn’t until 2009 that the Meneleo Luna Richard Vangelisti James McVittie Todd Worthley Pro Bono Match YLS Gathers Toys for Tots Robert Neuberger Joyce Zaro Continued from page 9 On December 9, the YLS held its Susan Hiler / Gevurtz Menashe written CLE materials, and can annual Holiday Drop-in Social Larson & Howe PC provide mentors for questions. The and toy drive at Aura. Toys were Sean Currie / Greene & MBA 9th Annual OSB Web site (www.osbar.org/ collected for the US Marine Corps Markley PC probono/alphabetical.html) and Reserve Toys for Tots Program. Mackenzie Hogan / Harris & WinterSmash ABA Web site (www.probono.net/ The program has helped children Bowker LLP aba_oppsguide/) also include links during the holidays since 1947, Blair McCrory / MacMillan to opportunities. and all donated toys stay in the Scholz & Marks PC A Family Friendly Bowling Event local community. Thanks to the Dallas DeLuca / Markowitz The Pro Bono Oregon listserv overwhelming generosity of MBA Herbold Glade & Mehlhaf PC Saturday, March 5 provides a weekly list of important law firms and individual members, Michael Miller / Mitchell Lang 6-9 p.m. pro bono cases needing assistance many local families experienced & Smith in a wide variety of topics. The the joy of the holiday season with Darin Dooley / Law Offices of Thursday emails list the cases that the gift of toys for their children. Nay & Friedenberg 20th Century Lanes legal aid offices are not able to Valerie Colas / Oregon Law 3350 SE 92nd handle with existing resources. The A special thanks to Barran Center and Legal Aid Services 10 minutes from downtown Portland area of law, legal subject matter, Liebman for sponsoring the of Oregon A Multnomah CourtCare fundraiser level of assistance requested, a short collection boxes this year, and to Samantha Gamboa / Schwabe description of the case and contact the following toy collectors and Williamson & Wyatt See insert and page 9 for details. person for further information are their firms: Sean Ray / Smith Freed & included. Subscribing to the listserv Eberhard PC through the Oregon Advocates Melissa Healy and Traci Ray / Keil Meuller / Stoll Stoll Berne Web site allows you to pick the Barran Liebman LLP Lokting & Shlachter PC pro bono case you want, when you Sarah Petersen / Bullard Smith Kelly Mason and Sara Mulroy / want it. Jernstedt Wilson US Courthouse Nicholas Wheeler / Cosgrave Sarah Brown and Cecelia Sharon may be contacted by email at Vergeer Kester LLP Connolly / Yates Matthews & [email protected]. 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15 MuLTNoMAH Lawyer MBF Fundraising Campaign Kicks Off Second Phase By Christine Hein, MBF Board member and Bateman Seidel et al.

The foundation was created in to organizations working to Do you know 2005 to increase the public’s improve civics education, such who the two understanding of the legal system; as Classroom Law Project, the Oregon US to promote civic education, public Bus Project, Elders in Action and senators are? On November 16, the MBF hosted participation and respect for the League of Women Voters. Only about 25% a reception for young lawyers to the law; to improve the quality Since 2006, the MBF has awarded of high school help kick off Phase II of the MBA and administration of the legal over $140,000 in such grants. students in our 100th Anniversary Community system; and to support programs In addition, the MBF recently state can answer Gift FundraisingC ampaign, which and projects related to the MBF’s partnered with MetroEast that basic civics is aimed at raising donations purpose. Community Media in a new question. We from individual lawyers and signature project. The goal of the at the MBF firms. The gathering, held at To date, the MBF has raised signature project is to develop think that is the Portland office of Bateman $75,000 towards its $100,000 a series of five and 15-minute unacceptable. Do MBF Board members Cashauna Hill & Christine Seidel, provided an opportunity goal, primarily through the civic education videos that will you agree? Please Hein for attendees to learn more about generosity of law firms and a few be broadcast on public access help the MBF reach its fundraising goal by making a tax deductible the MBF’s important mission and major donors. The funds raised stations throughout the state and donation today. Every penny counts in this campaign. We need to accomplishments. through the 2010 Campaign also featured on Web sites such as come together as a profession to remedy the serious lack of knowledge will enable the MBF to continue YouTube and used by teachers in about our government and judicial system. its tradition of making grants their classrooms.

134888-0 201073ol.indd 1 4/16/10 5:17:42 PM 16