April 2007 THE MONTANA Volume 32, No. 7 awyTHEeSTATErBAR OF MONTANA The Discipline Counsel’s Pets annual report AT THE SUPREME COURT in Memoriam in honor of Paul Raftery The ‘legal thuggery’ ruling – aimed at a California law firm estate Two high-profile disbarments Legal-system bills plans in the last days of the Legislature Update on Page 5 THE MONTANA LAWYER APRIL INDEX Published every month except January and July by the State Bar of Montana, 7 W. Sixth Ave., Suite 2B, P.O. Box 577, Helena MT 59624. Phone (406) 442-7660; Fax (406) 442-7763. COVER STORY E-mail: [email protected] l Providing for pets in estate plans 9 STATE BAR OFFICERS President Peggy Probasco, Butte President-Elect FEATURES John C. “Jock “ Schulte, Missoula Secretary-Treasurer l Memoriam to Paul Raftery 6 Chris Tweeten, Helena Immediate Past President Bernard McCarthy, Whitehall l ABA eases practice rules in disasters 12 Chair of the Board Cynthia K. Smith, Missoula l Two pro bono programs in Billings 13 Board of Trustees l IOLTA: A little interest goes a long way 15 Pam Bailey, Billings Carl Borgquist, Bozeman l Justice Foundation hires development director 24 Vicki W. Dunaway, Billings Gale Gustafson, Conrad l Discipline Counsel annual report 24 Peter L. Helland, Glasgow Thomas Keegan, Helena Daniel N. McLean, Helena l The Legal Writer: redundancies & euphemisms 32 Jane Mersen, Bozeman Mark D. Parker, Billings Ann Shea, Butte Cynthia Smith, Missoula COMMENTARY Randall Snyder, Bigfork K. Paul Stahl, Helena l President’s Message: Defining the rule of law 4 Joseph M. Sullivan, Great Falls Shane Vannatta, Missoula Tammy Wyatt-Shaw, Missoula STATE BAR NEWS ABA Delegates Damon L. Gannett, Billings Max Hansen, Dillon l Legislative update: judiciary budget 5 l Laptops make debut at Bar Exam 16 THE MONTANA LAWYER Publisher l Road Show set for 3 cities 16 Christopher L. Manos, Executive Director l Professionalism Award nomination form 17 Editor Charles Wood (406) 447-2200; fax: 442-7763 l State Bar calendar 18 e-mail: [email protected] l Law Day forums & classes 19 SUBSCRIPTIONS are a benefit of State Bar member- ship; others purchase a year’s subscription for $25, pre- paid. Third Class postage paid at Helena MT 59601. COURTS ADVERTISING RATES are available upon request. l Court disbars Dan Shea, Pete Bacheller 8 Statements and expressions of opinion appearing herein are those of the advertisers or authors and do not nec- essarily reflect the views of the State Bar of Montana. l The ‘legal thuggery’ ruling 22 l Order: objection limits are self-enforcing 27 POSTMASTER: Send address changes to Montana Lawyer, P.O.Box 577, Helena MT 59624. Copyright 2006-2007 State Bar of Montana REGULAR FEATURES Printed in Billings at Artcraft Printers l Upcoming CLE seminars 19 l State Bar Book & Video Store 20 l News About Members 33 l Deaths 33 l Classifieds 37 PRESIDENT’S MESSAGE Defining the rule of law ... and your place in carrying it out near and far Peggy Probasco t seems to me that simply doing what is right is consid- and equity for all. They can be found in principles that ered generous, while that which is done at any cost in guide our teachers, our labor force, physicians, journalists I the name of profit is considered good business. In light and clergy. They are at work in the engineering, architec- of this, but without trying to assign the legal profession the tural and corporate markets. They are the engine that drives additional duty of society’s moral compass, I offer the fol- the success of our community, our state and our nation. lowing thoughts. This may seem a lofty endeavor for any individual attor- Recently, I had the opportunity to hear William Neukom, ney to address. But you represent these principles by the president-elect of the American Bar Association speak very nature of the work you do every day. Given Mr. regarding his mission when he becomes the ABA president Neukom’s remarks, each of us is provided with an opportu- in August. His ideas are ambitious and relevant to our state nity to demonstrate the relevance of these principles to on several fronts. He began with bringing a clearer under- everyone with whom we interact. standing of the rule of law into mainstream America. With I heard a clear demonstration of this in a story on a working definition of the rule of law, he hopes to join the National Public Radio on April 5. This story covered the World Justice Project, a new organi- increasing reliance of commanding zation formed at a symposium in officers in the field on their resident November 2005. Army lawyers can provide judge advocate generals (JAGs) to The working definition of the rule sound advice indeed to their advise commanders in combat strate- of law will sound immediately famil- gy, prisoner interrogation and interac- iar to many of you, but please consid- commanders if it is driven by tion with the local population. In er the ways we might promote this the rule of law. turn, the JAG corps is required to concept in our state. The rule of law engage in additional training, includ- is based on four principles: ing combat training, in order to pro- vide better advice. This important n A system of self-government in which all persons, position, if driven by the rule of law, can provide sound including the government, are accountable under the law. information indeed. The JAG corps gets constant updates on the rules of combat, interrogation and local interaction to n A system based on fair, publicized, broadly under- help them promote the purpose of our presence in foreign stood and stable laws. countries. Whether or not you agree with our presence out of country, promoting the rule of law once there is critically n A fair, robust, and accessible legal process in which important. rights and responsibilities based in law are enforced. I am certain we can each point to other examples closer to home that reveal that the rule of law is a cornerstone of n Diverse, competent and independent lawyers and our society that can address problems on a global scale. judges. Consider this as you go about your business. Finally, April is humor month. Notwithstanding the If you have read the mission of the State Bar of Montana, lawyer jokes – that are almost universally not funny – con- you will find these principles, albeit much more broadly sider humor in general. My father had a wonderful sense of stated. So what? What about this endeavor is new or excit- humor. My mother has a wonderful sense of humor. At its ing or inspiring for practicing attorneys? The difference lies core, it is the ability to laugh at one’s self, rather than to in the relevance of these principles in local, state, national laugh at someone else’s pain or misery. and world communities. Certainly these principles guide Within those parameters, may you find something to the legal community, but they also represent a good founda- laugh at every day. m tion for any community that wants to promote opportunity PAGE 4 THE MONTANA LAWYER APRIL 2007 2007 LEGISLATURE Judiciary budget is With about two weeks the State Bar if the person left in the 2007 session of has graduated from any law the Montana Legislature, biggest legal item school, whether or not the the focus was on appropria- school is accredited. tions bills, including the budget for the Judiciary. OTHER BILLS on the On April 11, the day The left in session State Bar’s Bill Watch List Montana Lawyer went to (see www.montanabar.org), press, House Bill 819, but on which the Bar’s which contains the $70.1 million was HB 402, revising fees collected by Executive Commitee has not taken a the Supreme Court. The new law Judicial Branch budget for the biennium, stand are: was tentatively approved by the Senate. requires cross-appellants to pay a filing fee, adds other fees and increases certain Since our March-edition update, the n HB 251, authorizing a city or town current fees. biggest development was the death of to establish a city court of record, was Of the three bills actively supported House Bill 60, the Access to Civil passed by the House, died in committee. Justice Act which would have provided by the State Bar through testimony at hearing, Here’s how they fared: $1.1 million to allow the courts to set up n HB 722, requiring justice courts a self-help law program for Montana cit- to be courts of record, died in commit- n HB 60, titled The Montana Access izens. HB 60 failed to meet the appro- tee. priations-bill transmittal deadline of to Civil Justice Act, died (see paragraphs March 29. But on the motion of Sen. above) but some of the money it con- n HJ 43, a resolution calling for the Carol Williams, D-Missoula, the Senate tained was shifted to the Judiciary budg- study of major aspects of the Judicial Finance & Claims Committee added a et. Branch, was passed by the House, but n one-time only $505,000 appropriation to HB 361, introduced by Deborah was tabled in the Senate Judiciary the Judiciary’s budget (HB 819), so the Kottel, D-Great Falls, revises the law on Committe on April 4. Among other program was still alive, though with half proxy marriage, requiring one party to things, the study would determine if the requested funding.. The self-help be a citizen member of the U.S.