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Published Quarterly by Women Lawyers Volume 26, No. 4 Fall 2015 26 years of breaking barriers Gov. Brown on Issues Important to OWLS 1989 -2015 By Heather L. Weigler

lthough OWLS member didn’t expect to become governor this past February, she’s already made her mark President A Elizabeth Tedesco Milesnick on Oregon’s highest office. Beyond her status Vice President, President-Elect as the state’s second female governor and the Laura Craska Cooper nation’s first openly bisexual governor, she has Secretary continued her years of work, as a legislator Hon. Allison Boomer and as secretary of state, making government Treasurer more accountable and standing up for working Angela Franco Lucero families. Among other things, during her first six Historian months in office, Governor Brown spearheaded Amber Hollister significant ethics reforms and signed the “motor Board Members Jacqueline Alarcón voter” bill, making Oregon the first state to adopt Megan Burgess opt-out voter registration. In other words, she Maya Crawford wasted no time rolling up her sleeves and making Kristina Holm Susan Bradley Krant the job her own. Katharine Lozano OWLS had the opportunity to ask Governor Governor Kate Brown Hon. Valeri Love Brown a few questions about issues that matter Aruna Masih Banafsheh Violet Nazari to our members. Her answers are reprinted below. A. My judicial appointments will reflect my Jennifer Nicholls u u u values of diversity and equity, broadly construed. Susan Pitchford For example, geographic diversity on the Court Kristin Sterling Q. In your past roles, you have demonstrated a of Appeals and Supreme Court is an important Amanda Thorpe deep commitment to promoting diversity in law Val Tomasi consideration in a state like ours. But most of and politics and to advancing civil rights. How do Gloria Trainor all, I value highly qualified candidates who bring Jim Yocom you hope to reflect those commitments in your significant, relevant experience to the role, and work as Governor? Past Presidents who will be thoughtful stewards of the law. I Kendra Matthews A. The best reflection of a commitment to also look for a strong work ethic and passion Kathleen Rastetter diversity is diversity. State government has Megan Livermore for justice—the job calls for work horses, not made surprisingly little progress over the past Heather L. Weigler show ponies. Concetta Schwesinger decade in its efforts to demonstrate the shared Q. You are a longtime OWLS member and a Gwyneth McAlpine values of equity and inclusion in the workforce Heather Van Meter recipient of the Justice Award. How Laura Caldera Taylor —particularly in management positions. As has your involvement in OWLS influenced your Kellie Johnson Governor, I can best set the example by building Norma S. Freitas legal and/or political career? an administration that reflects the many faces of Kate A. Wilkinson A. I have always found that staying active Jennifer K. De Wald Oregon. Since taking office in February, I have with the Oregon State Bar and OWLS provides Sarah J. Crooks been working to assemble a diverse leadership Elizabeth Schwartz a wonderful opportunity to explore all of the team both within the Governor’s Office and Lori E. Deveny things you can do with your law practice. There Debra Pilcher Velure among state agency leadership. Additionally, are many different roles available to lawyers, Marilyn E. Litzenberger my administration will take a new approach Teresa M. Kraemer including enormous opportunities in the public to developing and evaluating legislation and Patricia L. Heatherman policy arena, even if you don’t want to run for Julie Levie Caron policies, replacing the old model of consolidating public office. Phylis Chadwell Myles responsibility among one or two staff members Helle Rode u u u Diana Craine with one that integrates those principles into Kathryn M. Ricciardelli the work responsibilities of advisors across all To learn more about Governor Brown’s values Agnes Sowle policy areas. and vision for Oregon, visit www.oregon.gov/gov/ Katherine H. O’Neil Q. One of the biggest influences a Governor pages/index.aspx. To support her 2016 election Editor campaign, visit www.katebrownfororegon.com. Elise Gautier wields over the legal profession is judicial [email protected] appointments. What do you look for in candidates Heather L. Weigler is an assistant attorney general www.oregonwomenlawyers.org when making judicial appointments? at the Oregon Department of Justice.

OREGON WOMEN LAWYERS AdvanceSheet 1 FALL 2015 President’s Message hat’s hesitate to promote themselves (with that in most other states. And that we Wsizzling good reason, apparently: self-promotion do more for more members than some in the city of by women is often poorly received), they organizations in much larger states with Chicago in are fierce and eloquent advocates for much bigger budgets. One woman—from July? Well, others at their firms. Dr. Reeves’s book Colorado—even approached me to tell everything. recommends ways in which women can me that her membership views OWLS as But also work in teams to take advantage of the model of what their organization . . . Oregon this quality and achieve greater career would like to become. Women success. And to top it off, the NCWBA presented Lawyers! In a portion of the summit called OWLS with the 2015 Outstanding On July 31, “Best Practices,” representatives from Member Program Award, for the Elizabeth T. Milesnick OWLS Exec­ different states took turns going to Women’s Trial Academy developed and utive Director the podium to share ideas for new led by OWLS members Lisa Kaner and Linda Tomassi, OWLS Foundation programs and practices. I discussed Renée Rothauge of Markowitz Herbold. President-elect Deanna Wray, and I OWLS’ efforts—stemming from a thread Last month, a lawyer on the governing attended the 2015 Women’s Bar Leader­ on our magnificent listserv—to identify, board of the Association for Women ship Summit, “Forging New Paths— promote, and publicize clean and private Attorneys in New Orleans emailed me Women, Careers & the Law,” presented lactation spaces for women lawyers to find out more about the program so by the National Conference of Women’s in courthouses and at the state bar that her organization can present a trial Bar Associations (NCWBA) and OWLS’ facility. (See www.oregonwomenlawyers. advocacy seminar of its own. own Diane Rynerson, who is also the org/resources/lactation-facilities-for- Attending the NCWBA summit left executive director of the NCWBA. This breastfeeding-mothers/.) Ideas from me with many thoughts and ideas, but terrific conference was attended by other states included collecting and chief among them is that I am so proud women lawyers from 29 states and the publicizing data on gender parity, a of what we are doing as Oregon Women U.S. military, who came together to get listserv to reach less-populated areas of Lawyers. Since our founding mothers’ to know one another, address the latest the state, salary negotiation workshops, first efforts in 1988, we have continued issues facing women in the law, and share events for lawyer-parents, mentorship to grow and thrive thanks to the ideas about what works. programs, an annual dinner to bring leadership provided by the OWLS Board The keynote speaker, Dr. Arin Reeves, members together from around the of Directors, the statewide chapters, the was both fascinating and inspiring. She is state, forums to raise awareness about OWLS Foundation, our amazing staff, our a former lawyer with a PhD in sociology possibilities for women in the judiciary, dedicated and hard-working committee and is also a researcher, author, and opportunities to network with women chairs and members, mentors, speakers, advisor in the fields of leadership and judges, ways to make women aware of sponsors, listserv contributors, and all inclusion. She discussed some of the leadership opportunities, and presenting those others who provide resources research and conclusions set forth in awards to individuals who have advanced and support to women and minorities her 2014 book, One Size Never Fits All: opportunities for women in the legal in the Oregon legal profession. Make Business Development Strategies Tailored profession. no mistake: we have built something for Women (And Most Men), regarding I was surprised and so pleased to hear remarkable together. ways in which women can capitalize on one great idea after another and realize their strengths as team-builders and allies that OWLS was already doing almost all to develop new business and advance of them in one form or another! I also within their firms. Most notably, Dr. learned that the population-adjusted Elizabeth Tedesco Milesnick Reeves said that while many women size of our membership well outstrips President, Oregon Women Lawyers Nominations for Roberts, Deiz Awards Due by Nov. 6 WLS invites nominations for the 24th Justice Betty Roberts and Judge Mercedes Deiz Awards. The recipients will be honored at our annual awards dinner on Friday, March 11, 2016, at the Portland Art Museum. O The Justice Betty Roberts Award recognizes an individual who has made an outstanding contribution to promoting women within the legal profession and the community. The recipient of this award is a person who has influenced women to pursue legal careers, opened doors for women attorneys, or advanced opportunities for women within the profession. The Judge Mercedes Deiz Award recognizes an individual who has made an outstanding contribution to promoting minorities within the legal profession and the community. The recipient of this award is a person who has influenced minorities to pursue legal careers, opened doors for minority attorneys, or advanced opportunities for minorities within the profession. Nominations must be received 5 p.m. Friday, November 6, 2015. Nomination forms are available on the OWLS website at www. oregonwomenlawyers.org/roberts-deiz-awards-dinner. Email completed forms and supporting documents to Kristin Sterling, co-chair of the Roberts-Deiz Awards Committee, at [email protected].

Our mission is to transform the practice of law and ensure justice and equality by advancing women and minorities in the legal profession.

OREGON WOMEN LAWYERS AdvanceSheet 2 FALL 2015 Upcoming OWLS Events

Portland, Tuesday, Oct. 13 Friday, Nov. 6, 5 p.m. Portland, Tuesday, Dec. 8 11:45 a.m.–1 p.m. Nominations Due 11:30 a.m.–1 p.m. Queen’s Bench Luncheon for Justice Betty Roberts and Queen’s Bench Holiday Luncheon Speaker: Rep. Judge Mercedes Deiz Awards Honoring Oregon Women Judges Sentinel Hotel, 614 SW 11th Ave. Please see page 2 for details. Keynote Speaker: Judge Susan P. Graber The speaker pro tempore of the Portland, Tuesday, Nov. 10 Oregon House, also the chair of the House Sentinel Hotel, 614 SW 11th Ave. 11:45 a.m.–1 p.m. Committee on Higher Education, Innova- $30 or $40. Event will probably sell out. tion, and Workforce Development ,will Queen’s Bench Luncheon Register at www.owlsqueensbench.org. share his thoughts on community and Speaker: Janet Billups serving in the Legislative Assembly. $20. Sentinel Hotel, 614 SW 11th Ave. Portland, Feb–April 2016 Register at www.owlsqueensbench.org. OHSU’s general counsel will talk about OWLS Leadership Committee her work and OHSU’s unique position as Public Speaking Skills Series Portland, Friday, Oct. 16 the state’s only public health university. OWLS Working Parents Lunch Newly admitted members of the Oregon Feb. 3, March 2, and April 6 at 5:30 p.m. 11:30 a.m.–1 p.m. State Bar will be honored. $20. Register and Feb. 19, March 18, and April 15 at at www.owlsqueensbench.org. 8 a.m. Porto Terra, Portland Hilton Hotel Downtown Portland 921 SW Sixth Ave. Eugene, Friday, Nov. 13 A series to build public speaking skills Connect with other lawyers who are 9 a.m.–4:15 p.m. that includes practice and feedback. parenting or contemplating becoming Application to be made for CLE credit. parents; learn about the OWLS Work- Lane County Women Lawyers ing Parents Committee. No-host lunch. Fall CLE Univ. of Oregon School of Law, Rm. 141 Portland, Friday, March 11, 2016 Portland, Friday, Oct. 16 MCLE credits: 3 Access to Justice, 2 Ethics, 2016 Roberts-Deiz Awards Dinner OWLS Fall CLE and Reception 1 Elder Abuse Reporting. Speakers include Portland Art Museum Make It Work: Judge Michael McShane and Judge Charles To sponsor the dinner, contact Linda From Frenzied to Fulfilled Zennache. Registration is transferable, but Tomassi at OWLS. 2016 Title Sponsor: CLE is 1–5 p.m., Reception at 5 p.m. not refundable. Register here. Keating Jones Hughes PC. Portland Hilton Hotel 921 SW Sixth Ave. Early-bird tickets for the CLE are $80, with lower prices for law students and lawyers in various categories. Contact Linda at the OWLS office regarding scholarships. Purchase tickets at www. oregonwomenlawyers.org. Portland, Monday, Oct. 26, 1–3 p.m. Implicit Bias CLE and Reception With ABA President Paulette Brown Sentinel Hotel, 614 SW 11th Ave. Other panelists are Professor Erik Girvan, University of Oregon School of Law, and Dante James, director of Port- land’s Human Rights Bureau. Moderated by Judge Adrienne Nelson. No cost; com- pliments of OWLS and the MBA. Portland, Wednesday, Nov. 4, 5 p.m. Rainmaking Dinner Courtyard Marriott, 550 SW Oak St. For lawyers in transition, new lawyers, and lawyers practicing in new areas of law. This unique, intimate, interactive event teaches strategies and tips on how to make it rain from some of Portland’s leading rainmakers. All lawyers welcome. Register online today. $45 early-bird registration (before Oct. 27).

OREGON WOMEN LAWYERS AdvanceSheet 3 FALL 2015 OWLS’ Mentoring Program Teaches Rainmaking Skills By Holly Johnston o advance to leadership positions, meetings in Portland co- all private practice lawyers need hosted with OWLS by the Tto understand and embrace law firms Marger Johnson rainmaking. Having a client base, or and Markowitz Herbold. We “book” of business, helps lawyers were grateful to have three achieve long-term career satisfaction, outstanding mentors lead gain professional independence and the program this year: Julie job security, and earn more money. Vacura of Larkins Vacura, Rainmaking can be difficult and even Hala Gores of the Law Offices scary for many professionals and, notably, of Hala Gores, and Nena women lawyers, who face some unique Cook of Ater Wynn. Each challenges. is a well-known, successful Julie Vacura Nena Cook By demystifying the art of rainmaking rainmaker, and each brought and providing mentorship, the OWLS a unique perspective to Rainmaking Mentoring Program, the lively conversations throughout promoted by the OWLS Leadership the meetings. OWLS and the program Committee, aims to help women lawyers participants extend many thanks to Julie, grow into successful rainmakers. The Hala, and Nena for their hard work and program unlocks some of the mystery dedication to the program. typically associated with rainmaking and As mentor Julie Vacura noted, guides participants through a discovery rainmaking “is essential to the success of process to increase their understanding women in our profession.” It is critical, of rainmaking and help them find their she explained, “to learn how to market individual keys to rainmaking success. ourselves and to support each other in the The fifth annual OWLS Rainmaking process.” The three mentors encouraged Mentoring Program, which concluded participants to embrace self-confidence, Hala Gores in July, consisted of five lunchtime develop a detailed networking and marketing plan with specific goals, other women to become successful, too. and help support other women in Kristin Malone, an associate at doing the same. Participants developed Markowitz Herbold and a participant in marketing plans, heard successful and this year’s rainmaking­ program, noted not-so-successful rainmaking stories, and that it “was a one-of-a-kind experi­ gained a better understanding of how ence that relied on discussion and women lawyers can become successful relationship-building­ instead of lectures.” rainmakers. She continued: “Our excellent mentors As discussed in the meetings, a lawyer’s listened to our goals and understood rainmaking strategy should be highly our concerns, and then offered concrete personal and should capitalize on the advice to help us achieve our objectives. individual lawyer’s best qualities. Every I would recommend the program to lawyer must develop her own style for any attorney looking for ways to take rainmaking, and her efforts will be most her business development efforts to the successful if she genuinely enjoys her next level.” rainmaking activities and relationships. OWLS and the law firms Marger Engaging in painful, frustrating, or time- Johnson and Markowitz Herbold will consuming relationships and activities host the OWLS Rainmaking Mentoring does not produce good results for any Program again in 2016, starting in the lawyer hoping to achieve rainmaking spring. Registration information will be success. provided on the OWLS listserv. If you have Creative Approaches to Women should not expect to fit into questions about the program, please Complex Problems someone else’s rainmaking strategy, and contact OWLS Leadership Committee they should not acquiesce in conduct members Holly Johnston, a partner at Tier 1 Ranking in the 2015 Edition of they find uncomfort­able. To become Marger Johnson, at holly.johnston@ Best Lawyers “Best Law Firms” successful rainmakers, the mentors techlaw.com, or Karie Trujillo, marketing said, women lawyers should focus on director at Markowitz Herbold, at developing high-quality lawyering skills, [email protected]. becoming engaged community partners, They are organizing the 2016 program 503-222-5949 with the help of OWLS leadership. www.Susan-Hammer.com and being visible, genuine networkers and marketers. As more women become Holly Johnston is a partner at Marger successful rainmakers, they will inspire Johnson, in Portland.

OREGON WOMEN LAWYERS AdvanceSheet 4 FALL 2015 MLLS Co-sponsors Salem Diversity Summit By Tiffany Hamilton n September 9, about 40 law- never know who will provide yers, judges, and law students the next great idea or provide Oconvened at the Salem Diversity a solution to your problem. Summit, held at the law offices of Saalfeld Next, a lively, interactive Griggs in Salem. The half-day, access-to- session titled “Communica­ justice CLE was presented by the Mary ting Across Cultures” was Leonard Law Society (MLLS) and Saalfeld presented by cross-cultural Griggs. The summit highlighted the competency trainer Lillian advantages of building a diverse team; A. Tsai. Lillian challenged offered practical tips on cross-cultural participants to recognize their communication and fostering diverse cultural biases and personal perspectives in the workplace; and pro- communication­ styles in order Mariann Hyland Shannon Martinez moted discussion on how to attract and to work more effectively retain diverse attorneys in Salem. across cultures. panel addressed issues such as alternative Christina Lincicome, director of Mariann Hyland, director of diversity compensation structuring, family leave, diversity and inclusion for SAIF Corpor­ and inclusion at the Oregon State Bar, and the challenges to and advantages ation, presented “The Business Case for moderated a panel discussion on how of attracting new attorneys to live and Diversity.” Explaining the importance of to attract and retain diverse attorneys practice in Salem in the shadow of defining diversity, she asked, “What does to the Salem legal community. Panelists Portland’s larger market. diversity mean to your organization?” included Shannon Martinez, incoming The Salem Diversity Summit was capped Whether diversity means differences in managing partner at Saalfeld Griggs; off by a networking social hosted by race, ethnicity, gender, sexual orientation, Kim E. Hoyt, shareholder and managing Saalfeld Griggs. religion, age, or generation, having a officer at the law firm Garrett Hemann diverse team is advantageous because Robertson; Jill Woods, senior recruitment Tiffany Hamilton works at the Oregon diverse perspectives will be contributed coordinator at the Oregon Department of Department of Transportation’s Office of to your organization. Christina discussed Justice; and Erious Johnson Jr., assistant Civil Rights as a small business programs the importance of listening to and attorney general and civil rights director manager. She is the historian of the Mary valuing all perspectives, because you at the Oregon Department of Justice. The Leonard Law Society. Cascade Chapter Hosts OWLS Board

Cascade Women Lawyers, the OWLS chapter in Deschutes County, hosted the OWLS Board of Directors at a reception on September 18 on the deck of Brix Law in Bend. Shown in the top photo, left to right, are Cascade Women Lawyers officers: President Meriel Darzen, Secretary Nancy Hoffman, and Treasurer Kathryn Olney. In the bottom photo are Liz Fancher, left, and OWLS Vice President Laura Craska Cooper.

OREGON WOMEN LAWYERS AdvanceSheet 5 FALL 2015 Celebrating the Progress of Women on the Bench in Oregon By Trudy Allen n December 8, Queen’s Bench, to be elected as Oregon’s first woman Governor the OWLS chapter in Portland, attorney general), what other kinds of Kulongoski Owill celebrate its 25th anniversary progress have women made? made only 11 of honoring women judges at its holiday Those numbers—21, 22, and 23—are appointments luncheon. This year the keynote speaker clues. All three women were initially of women in will be the Honorable Susan Graber appointed in 1988. By the time Queen’s his first term, of the Ninth Circuit Court of Appeals. Bench held it first luncheon honoring but he created Her speech will include a tribute to the women a new surge progress that women have made in judges, there in his second attaining the bench in Oregon, especially had been only term (2007– in the past 25 years. 26 women on 2011) with 21 At Judge Graber’s request, OWLS any bench in appointments Judge Anna Brown members have been providing to her Oregon. Thus of women. our compilations of data about women 104 women Governor Kitzhaber increased his judges. OWLS has joined with the U.S. have been previous rate in his third term, when District Court of Oregon Historical added in the he made 18 appointments of women. Society to form a committee, co-chaired past 25 years. (“Appointments of women” include by Kendra Matthews and U.S. District Moreover, appointments to new courts of some women who were already on a bench. Court Judge Anna Brown, to work the rate at Justice Susan Leeson on the Oregon Women Judges (OWJ) which women For instance, Governor Roberts first project, which has goals of capturing have been added has been increasing. In appointed Judge Anna Brown to the information about all the women who fact, more women have been added so District Court (in 1992) and later to have attained the bench in Oregon and far in the 2010s than were added in the the Circuit Court (1994) (both in Mult­ of developing a searchable database as whole decade of the 1990s. Sometimes nomah County), so those count as two a historical resource. We have made a the increase has been in fits and starts, appointments.) lot of progress this year, by making sure with no women attaining the bench in Most of these women first attained the that we have identified all the women some years (1987, 1989, and 2005) and bench by appointment (or by another and by creating the initial database. as many as 10 in one year (2006). Other process other than election, such as Several of us have traveled to the State peak years were 2010 and 2013, both with confirmation by Congress). The number Court Administrator’s Office in Salem to eight. An initial surge of appointments by who attained a seat initially by election comb through the records and obtain Governor in 1991–1995 is still very small, at 21. The peak year for relevant data, which we plan to expand gave women their first boost; she made elections was 2006, with six new women by gathering biographical information 20 appointments of women in her one and with Justice Virginia Linder’s historic from each judge. It is an ambitious task, term. By contrast, in the next eight years, election to the . since there have been 130 women in 161 Governor Kitzhaber’s first and second She was the first woman to attain this judicial positions, so far! terms, there were only 19 appointments court without first being appointed. OWLS has, of course, been tracking of women to state courts. Continued on page 7 various measures of women judges’ progress ever since OWLS was formed. In our third issue of the AdvanceSheet Number of Women Added to the Bench, by Half-Decades (Spring 1990), the front-page article 35 reviewed the record to date and featured seven judges whom Governor 30 Goldschmidt had appointed, including Hon. Susan Graber (to the Oregon Court 25 of Appeals in 1988 and the Oregon Supreme Court in 1990), Multnomah 20 County Circuit Court Judge Linda Bergman, Lane County District Court 15 Judge , and Multnomah County District Court Judges and 10 Elizabeth Welch. In addition to the fact that three of these early judges have gone 5 on to very high offices (Judge Graber, the 21st female judge in Oregon, to the Ninth 0 Circuit; Judge Aiken, #22, to chief judge 1980–84 1985–89 1990–94 1995–99 2000–04 2005–09 2010–14 of the U.S. District Court for the District Addition by Appointment (or any process other than election) of Oregon; and Judge Rosenblum, #23, Addition by Election Total to the Oregon Court of Appeals and then

OREGON WOMEN LAWYERS AdvanceSheet 6 FALL 2015 Women on the Bench in Oregon continued from page 6 During this 25-year period, of course, there has also been an increase in the number of judgeships. So the most Percentages of Women in the Judiciary and Women in the OSB revealing measure of progress for women 40 is the ratio of women judges to the total number of judges. This ratio shows 35 steady—and exciting—progress. From 1989, when the ratio of women judges to 30 the total was 9.6%, to August 2015, when 25 the ratio was 41.6%, the ratio has more than quadrupled. In 2015, not counting 20 the federal positions (where the ratio is only 26.9%), the ratio on the state courts 15 overall is up to 43.4%. And in nine judicial districts (Clackamas, Clatsop, Columbia, 10 Lane, Lincoln, Multnomah, Tillamook, and 5 Districts 7 and 9) the ratio now equals or exceeds 50%. These numbers are truly 0 worth celebrating! 1989 1994 1999 2004 2009 2014 See the bar graph comparing these Women Judges to Total Judges ratios to the percentages of women who have been active members of the Oregon Women Active OSB Members to Total Active OSB Members State Bar. Note that, whereas the ratio These statistics include all judges and magistrates on the federal bench, plus the of women active OSB members to total U.S. Bankruptcy Court judges, including all those with senior status, and all state active OSB members in 1989 (20.3%) was circuit and appellate court judges, plus the Oregon Tax Court judge and magistrates. higher than the women judges ratio, in 2014 the ratio of women judges surpassed the OSB membership ratio (35%) by 5%. date. Lane County has had 13, Marion 10, promotes the perception and the reality That is significant headway for women Washington 7, and Clackamas 6. These of equal and accessible justice for all judges. numbers reflect, in part, the fact that persons.” And former Oregon Supreme Another achievement is the number these counties had the earliest starts. Court Justice Susan Leeson explained of jurisdictions in which the chief or Multnomah County had the first three that “diversity of background and presiding judges have been or are women judges in Oregon (starting with perspective contribute significantly both women. The chief judges have been Mary Jane Spurlin in 1926), followed by to understanding cases and to identifying Judges Ann Aiken (U.S. District Court), Lane (1971) and Marion (1972) Counties. factors that should be considered in their Mary Deits (Oregon Court of Appeals), The first woman judge in Washington resolution.” Polly Higdon (U.S. Bankruptcy Court), County took her seat in 1988. Clackamas’s Prior to establishing the luncheon and Elizabeth Perris (U.S. Bankruptcy first wasn’t until 1995. The most recent tradition of honoring women judges, Court). At least 17 women have served as county to have a first woman judge was Queen’s Bench held cocktail-hour presiding judges in state courts, starting Polk, in 2013. receptions for several years to honor the as early as 1990 with Judge Joan Seitz Remarkably, a vast majority of Oregon’s women judges. It switched to the holiday (Douglas County Circuit Court, notably 130 women judges are still alive. Only luncheons in 1990. Starting in 2003, a for 13 years) and Judge Ann Aiken (Lane 10 have died. Judge Kim Frankel, #8, woman judge has been the luncheon’s County District Court). In seven counties is the most “senior” judge still living, keynote speaker each year. This year women are currently serving as presiding having assumed the bench in May 1978. you won’t want to miss Judge Graber’s judges (Columbia, Deschutes, Josephine, Twenty-four who have “retired” are perspective on the progress made by Klamath, Marion, Multnomah, and still alive, many still working as “Plan women judges over the last 25 years. Tillamook). Plus, Hon. Jill Tanner has been B” judges or on senior status. And one Attendance at the luncheon reached an the presiding magistrate of the Oregon retiree has gone on to become the all-time high of over 300 in December Tax Court since July 2002. highest-ranking attorney in the state, 2014, and the spaces fill quickly each year. Even with all this to celebrate, further as mentioned above: Attorney General You can sign up for this year’s December progress is needed, of course. Among Ellen Rosenblum. 8 luncheon at www.owlsqueensbench. the gaps that need closing, there are The importance of increasing the org starting in November. See you there! still four judicial districts in Oregon in number of women judges in order which there has never been a woman to increase diversity on the bench Trudy Allen has been the historian of judge: Baker County, Lake County, District probably goes without saying, but two the Oregon Women Lawyers Foundation 10 (Union and Wallowa Counties), and judges quoted in the Summer 1994 since 1999. She is the former chair of the District 24 (Grant and Harney Counties), AdvanceSheet said it very well: Marion Queen’s Bench History Committee and all in eastern Oregon. The county that County Circuit Judge Pamela Abernethy a former historian of Oregon Women has had the highest number of women (now retired) stated, “A diverse bench Lawyers. She retired from the practice judges by far is Multnomah, with 36 to which reflects Oregon’s population of law in 2014.

OREGON WOMEN LAWYERS AdvanceSheet 7 FALL 2015 Meet Multnomah County Circuit Judge Amy Holmes Hehn By Joanna Robinson o maintain a lifelong interest County, Hehn sought to protect the in serving others, one needs welfare of children whose well-being too Ta philosophy that moves you often hung in the balance. She did that as constantly toward the work that needs head of the office’s juvenile unit, and she to be accomplished, yet never seems to was known for prosecuting defendants end. The Honorable Amy Holmes Hehn accused of physically or sexually abusing exemplifies how one’s philosophy, when children. As a senior deputy district consistently applied over many years as a attorney, she would go on to lead the devoted legal professional, can transform district attorney’s domestic violence unit. the lives of others for good. In 2013, Judge Hehn was appointed by Judge Hehn was born and grew up Governor Kitzhaber to the Multnomah in Medford, where she often visited County Circuit Court. She was, she said, The Honorable Amy Holmes Hehn the courthouse to watch her father, a “ready to serve the community in a new well-respected Medford trial attorney, at capacity, as a family law judge.” Council (FVCC) and the Domestic Violence work. Those visits inspired Judge Hehn While she presides over cases involving Court Work Group, actively engages in to set her sights on becoming a lawyer juvenile delinquency, termination of educating the community about domestic one day, too. parental rights, divorce, and domestic violence by building awareness of the After earning a BA in philosophy at violence, Judge Hehn is reminded of dynamics of abusive relationships. Her Willamette University, Hehn moved the ongoing need for legal representa­ efforts, whether from the bench or in a to Boston, Massachusetts, to attend tion, and she continually marvels at the volunteer capacity, are all geared toward law school at Suffolk University. Upon number of self-represented litigants who achieving improvements in either the receiving her JD in 1985, she returned to come before her each day. She therefore criminal or juvenile court system, or in Oregon to embark on a career in public makes it a priority to participate in the practice of family law in general. service. From the time she joined the organizations committed to making When she can find the time to Multnomah County District Attorney’s justice accessible. relax and unwind, Judge Hehn enjoys Office in 1987, she worked each day to Most notably, Judge Hehn, through gardening and bird-watching with her serve the underrepresented. her position as chair of the Multnomah husband, Paul Hehn. She also relishes As a leading prosecutor for Multnomah County Family Violence Coordinating Saturday mornings, when she attends creative writing workshops and gets to delve into the world of her imagination. The Oregon Women Lawyers Founda�on, She particularly enjoys writing western the 501(c)(3) sister organiza�on to OWLS, fiction, a genre in which the plot is is proud to focus on educa�ng and typically based on the simple, classic goal suppor�ng women and minori�es in order of maintaining law and order across the to further their access to and par�cipa�on frontier. in the jus�ce system. Judge Hehn’s advice to young attorneys: ORE GON “Watch as many court proceedings as We fund the Armonica Law Student possible to see what works and what women Book Grant, the Vernellia R. Randall Bar doesn’t.” She also encourages building Exam Grant, the Jus�ce Be�y Roberts relationships and staying connected to LAWYERS Leadership Conference Grant, and the those in the profession who inspire you. FOUNDATION Janis Hardman Medical Support Grant. OWLS thanks Judge Amy Holmes Hehn for her commitment to public service. Please join us at our Annual Apprecia�on Joanna Robinson is a Portland contract Event on November 10, 2015 from attorney with the Oregon Department 4:30 to 7:00pm to celebrate our grant of Justice. recipients and learn more about our organiza�on. Drinks and appe�zers provided. Please visit www.owlsfounda�on.org to Support OWLS’ work learn more, or RSVP to Ina Wilborn at Please join us: [email protected]. by placing an ad in the OWLF Annual Apprecia�on Event OWLS AdvanceSheet. November 10, 2015 4:30 to 7:00pm Contact us at 503.841.5758 or linda@ oregonwomenlawyers.org.

OREGON WOMEN LAWYERS AdvanceSheet 8 FALL 2015 The Work Continues THE JUDGES’ FORUM

he legal debate about whether same-sex marriage must be Trecognized and allowed by all 50 States is over. The Supreme Court issued its opinion in Obergefell v. Hodges, No. 14-556, 2015 U.S. LEXIS 4250 (U.S. June 26, 2015), holding that states may no longer By Judge Josephine Mooney deny same-sex couples the right to marry. Lane County Circuit Court The Court discussed why marriage is considered a fundamental right worthy we received from the State of Oregon in The Honorable Josephine Mooney of constitutional protection and then 2005 refunding our $60 marriage license concluded that those reasons apply with fee and advising us that our marriage was can be. If you have an African American equal force to same-sex couples. void. We celebrated these “souvenirs” son, are you comfortable with his walking I had waited for the Obergefell v. as evidence of a system that, over time, out the front door with his hoodie up Hodges decision with cautious optimism, does work. and his pants sagging? Clearly, there is hoping, on a personal level, for legal The Obergefell v. Hodges decision work to be done. validation of my own marriage. I had made me feel like a full-fledged citizen The dissent written by Chief Justice occasionally reflected on the irony that, for the first time in my life. And so when Roberts warned that “[s]tealing this as a judge, I was authorized to confer the my partner and I went out to breakfast issue from the people will for many cast right of marriage on others although my the next morning, I felt the wind leave a cloud over same-sex marriage, making partner and I were not entitled to that my sails when we were taken directly to a dramatic social change that much more same right. And, so, we waited. the table closest to the kitchen. There difficult to accept.” It is true that lasting When the decision was announced, were lots of other seats available, seats change must come over time. And settling there were celebratory cheers of joy near the window and seats away from the legal debate that extended the right as well as sighs of disappointment the kitchen. Less than two minutes later to marry to same-sex couples did not end and cries of anger heard across the the same waiter took the next couple—a the associated moral debate in the hearts nation. No matter what your personal man and woman—to the table near the and minds of all Americans. What it does view may be, the decision represents a window. I prefer to think that he did do, however, is allow people in same-sex significant change in the law. As a legal not make a conscious decision to give relationships to speak honestly about community, we must now understand us the less desirable table. I suspect it who they are. Couples will no longer have what that change means as we advise was a decision he made in the moment, to file as “single” on tax returns or apply clients, advocate positions, apply the driven by assumptions he did not even for unnecessary adoptions. The ability to new law to real facts, and decide cases. realize were in his head—perhaps simply speak truthfully is a matter of integrity What are the implications for old-school, that men leave bigger tips than women. without which gay men and lesbians same-sex couples in their 80s who choose So there it was. We had won the right to have historically lacked the ability to not to marry at this stage of their lives? be married, but we still could not get a be respected and taken seriously. Legal Will the presumption of paternity for decent seat at a restaurant. recognition of same-sex marriage means children born during marriage always In the short run, where we were seated the social discussion will continue, albeit be applied to the wife who didn’t bear is not a big deal. We had a lovely view of on a slightly more even playing field. the child? Won’t there be privilege the mop bucket and storage shelves. But The legal implementation of the new issues arising in criminal cases that did when we are seated at the worst table law on same-sex marriage will take years not apply before? Just as with other time and time again, that says something to complete, and the scope is not yet fully minority communities that have fought about our status in society. And so in the understood. We, as a legal community, for and received protection of their civil long run, it does matter. Our perceived should join together in this work by rights in the courts, the legal decision status matters because it affects whether sharing information and discussing the granting that protection ends only the we are taken seriously when we describe various implications and consequences initial constitutional debate. The work of our partner’s symptoms to a physician in of this new law. I am reminded of my implementation now begins in earnest. the emergency department and whether favorite childhood story, about the At my house, the Obergefell v. Hodges a police officer will trust us or view us tortoise and the hare. I will confess that decision was met with joy and we threw with suspicion when we pass each other I have a tendency to lean toward the a party. Friends and colleagues joined on the sidewalk. Ask yourself whether tortoise—slow and steady wins the race. us for a backyard barbecue. We pulled you are comfortable allowing your son to But the fact is that progress requires out lawn signs, buttons, and newspaper wear pink pants to middle school. When both approaches: (1) the ability to move articles we had saved from various ballot you dream of your children’s future, are forward with great speed and agility measures going back as far as 1978, they gay or straight? and (2) the ability to slow down and when Eugene residents voted to repeal The types of assumptions, feelings, proceed methodically, with clear purpose. a city ordinance that protected gays and experiences I have described are not Whatever your view of the same-sex from discrimination. We looked at the unique to women or to gay people. All marriage decision, there is work to be various domestic partnership certificates minority communities have experienced done by all of us as we figure out how and marriage licenses that we had been prejudice and unfair bias, and history to implement it in our work. My money issued over the years, including the letter reveals how serious the consequences is back on the tortoise.

OREGON WOMEN LAWYERS AdvanceSheet 9 FALL 2015 OWLS Celebrates Magna Carta in England By Teresa Statler eventeen OWLS members and Magna Carta copy from 1297. friends explored Cambridge and Then it was on to lunch at SLondon, England, on September the historic Middle Temple 6–14 to celebrate the 800th anniversary Hall, where the group enjoyed of the Magna Carta. They revisited places a delicious buffet in a beautiful seen by OWLS members on a similar trip in 16th-century building. Middle 1998 and also enjoyed a full-day walking Temple is one of the four Inns tour of “Legal London” and a focus on of Court, and Joanne explained the Magna Carta’s place in British legal that tradition requires barristers history. in training, even today, to dine The group stayed in the attractive and at their Inn of Court in order to historic university town of Cambridge, be admitted to the bar. In the in on-campus accommodations at Lucy afternoon, the group visited Cavendish College, which is part of the other Inns of Court and Cambridge University. On the first full day saw the exterior of the huge in England, the group took in the sights Victorian building housing of Cambridge on a three-hour walking the Royal Courts of Justice. To tour, including the beautiful English close the day, OWLS members Gothic architecture of King’s College were hosted at a reception Chapel, Trinity Hall, and Trinity College by members of the Women’s and the pastoral scenery of “the Backs.” Division of the Law Society of

The following day, the group went by England and Wales. Statler Photo: Teresa coach to Suffolk, visiting the historic wool After a free day on Friday King’s College Chapel, Cambridge. Construction town of Lavenham, with its half-timbered in Cambridge for individual was started in 1446 by Henry VI (1421–71) and buildings, as well as Bury St. Edmunds and sightseeing (most of the group took over a century to complete. The building has Newmarket, the birthplace and center visited the excellent Fitzwilliam the largest fan vault in the world and some of the of thoroughbred horse racing. In Bury Museum or went punting on finest medieval stained glass. St. Edmunds, the group saw the spot, in the River Cam), OWLS members the old Abbey ruins, where legend has attended a CLE on Saturday, September 12, at Lucy Cavendish College. In the morning, it that in 1214, English earls and barons solicitors Max Harris and Leanne Maund, chair and vice chair of the Junior Lawyers assembled to listen to the Archbishop of Division of the Law Society, discussed in more detail the Magna Carta and its relevance Canterbury read King Henry I’s charter. to U.K. and U.S. law today, as well as British Parliament and politics. Inspired, they swore on the high altar Continued on page 11 to force King John to establish a similar charter of liberties, the Magna Carta. The highlight of the trip was Thursday, September 10, a day discovering “Legal London” with guide Joanne Lee, who is a practicing solicitor. Throughout the day, Joanne regaled the group with interesting anecdotes and facts regarding British legal history and the differences between the practice of law by solicitors and by barristers. The group began the day with a visit to the exteriors of Westminster Abbey and the Houses of Parliament. Joanne explained that in 2009, the Supreme Court replaced the former Appellate Committee of the House of Lords as the highest court in the United Kingdom. The OWLS group visited the interior of the Supreme Court building and saw two Photo: Joanne Lee of the three courtrooms, one modern The OWLS group in front of the British Parliament buildings in London, left to and one historic. In the courtrooms, right: Kathy Proctor, Diane Rynerson, Teresa Statler, Mary Belotti, Jay Fraser, proceedings are conducted rather Maureen Leonard, John Watts, Casey Proctor, Valerie Whittlesey (front row), informally, with both justices and lawyers Martha Taylor (back row), Audrey Hirsch (back row), Trudy Allen, Barbara Getty, remaining seated; no robes or wigs are Geoff Pullen (partially obscured), Matthew Barber, Chris Caron (with camera), worn. The OWLS group also viewed a Glen Pullen (partially obscured), Marti Dell, and David Frostad.

OREGON WOMEN LAWYERS AdvanceSheet 10 FALL 2015 OWLS in England continued from page 10 Photo: Teresa Statler Photo: Teresa Photo: Chris Caron

Top: Plaque memorializing the spot in the abbey ruins at Bury St. Edmunds, where in 1214, English nobles swore to force King John to issue the Magna Carta. Top right: OWLS members (left to right) Teresa Statler, Martha Taylor, Diane Rynerson, and Trudy Allen pose for a photo near the historic plaque. Right: OWLS members on their walking tour of “Legal London,” here in a courtyard at Gray’s Inn, one of the four Inns of Court (professional associations

for barristers and judges) in London. Statler Photo: Teresa

In the afternoon, a panel of three women solicitors and a woman barrister spoke about law practice in England Bob McGaughey and Aurelia Erickson are pleased to and Wales for women, diversity in the announce the formation of their law partnership. profession, and their career paths. Barrister Mary Lorma, a member of Inner Temple Inn of Court, spoke about her specialization in criminal law, working for both the prosecution and the defense in equal measure, which is quite common for barristers in the U.K. She told the group that she likes wearing her wig and gown in court and that this tradition is still strong for English barristers. After a final free day in Cambridge, part of the OWLS group returned to Portland and part spent more time in Europe, some traveling in France and Italy, and others in England. A good (and educational) time was had by all! Teresa Statler, chair of the AdvanceSheet Committee, has a solo immigration law practice in Portland. She and Diane Rynerson planned and organized the McGAUGHEY ╫ ERICKSON OWLS trip to England. Shareholder Partner LLC Member & Employment Disputes For more about OWLS, please visit www.oregonwomenlawyers.org. 2440 Fox Tower, Portland 97205 503-223-7555 www.law7555.com

OREGON WOMEN LAWYERS AdvanceSheet 11 FALL 2015 Parental Leave in Oregon after Senate Bill 454 (2015) By Danielle Lordi n view of legislation enacted this year a public health emergency as defined in Oregon, this article briefly describes under the law. Ithe parental leave currently available As noted, the law’s paid-sick-leave in our state and the leave that will be mandate applies to employers with 10 available starting January 1, 2016.1 or more employees working anywhere in The United States is the only advanced Oregon (and to Portland employers2 with industrialized nation that does not six or more employees). For employers provide workers paid leave through with fewer employees, the required public policy. The family leave laws leave may be unpaid. In other words, currently applicable in Oregon—the starting January 1, employers with 10 or federal Family and Medical Leave Act more employees in Oregon (and Portland Danielle Lordi (FMLA) and the Oregon Family Leave employers with six or more) must provide Act (OFLA)—provide a minimum of 12 paid sick leave, and employers with once per quarter to employees of their weeks of unpaid leave per year as well fewer employees must provide unpaid accrued and available sick time (on, for as guaranteed reinstatement rights, but sick leave. example, employee pay statements) the laws apply only to certain employers: SB 454 applies to all public and private and written notice to employees FMLA applies to employers with 50 or sector employers that employ even one regarding the requirements of the law. more employees working in the United employee in Oregon (federal government Moreover, employers are prohibited from States, and OFLA applies to employers excepted). It covers nearly all full-time, interfering with an employee’s right with 25 or more employees working in part-time, temporary, and seasonal to use sick leave and may not retaliate Oregon. employees, excepting only independent against an employee who requests or OFLA requires employers of 25 or more contractors, employees receiving paid uses sick leave. These prohibitions may employees to provide 12 weeks of unpaid, sick leave under federal law, certain be enforced by the Oregon Bureau of protected leave to eligible workers to work-training program and work-study Labor and Industries (BOLI) as well as by care for themselves or family members in program participants, certain railroad employees via private right of action. cases of death, illness, injury, childbirth, workers, and individuals employed by a Danielle Lordi is a civil litigation attorney and adoption. FMLA requires employers parent, spouse, or child. And it preempts at Bryant, Lovlien & Jarvis in Bend. of 50 or more employees to provide all local government sick leave plans and Endnotes up to 12 weeks of unpaid, protected policies. Finally, if an employer already leave to eligible employees to care for provides its employees the statutorily 1. Apart from the leave policies described themselves or family members in cases required amount of paid or unpaid leave in this article, President Obama issued a of serious illness or injury, childbirth, and under a paid time off (PTO), vacation, or January 15, 2015, Presidential Memorandum adoption. Additionally, FMLA provides other paid leave policy, the employer is requiring federal employers to advance, that eligible employees are entitled to not required to provide any additional upon employee request, up to six weeks of the position they held at the time leave paid sick leave, but it must permit paid sick leave for the birth or adoption of began or an equivalent position, while employees to use at least 40 hours of that a child or other sick-leave-eligible uses, even OFLA guarantees the position held at the leave each year for the purposes covered if the employee has not yet accrued such time that leave began. under the law and otherwise meet the leave under the employer’s policy; and, on On June 22, 2015, however, Governor law’s minimum requirements. September 7, 2015, he issued an Executive Kate Brown signed into law Senate Bill Employers covered by SB 454 must Order mandating that private employers 454, which institutes statewide mandatory allow employees to accrue up to 40 doing business with the federal government paid sick leave effective January 1, 2016, hours of sick leave per year at a rate of make available six weeks of paid sick leave for employers with 10 or more employees one hour for every 30 hours worked or for parental purposes to those employees in Oregon (and Portland employers with one and one-third hours for every 40 working under federal contracts. six or more), making Oregon one of only hours worked. Employees begin to earn 2. SB 454 requires “[e]mployers located four states to mandate paid sick leave. and accrue sick time on January 1, 2016, in a city with a population exceeding Employees may use their sick leave not or, if hired after that date, on the first 500,000”—i.e., Portland—that employ six or only for their own illness, injury, or health day of their employment (but these new more employees working anywhere in the condition, but also to care for a family employees are not eligible to use accrued state to provide the paid sick leave required member (spouse, parent, parent-in-law, leave until the 91st day of employment of non-Portland employers with 10 or more child, grandparent, or grandchild) and unless an employer authorizes earlier employees. Similarly, Portland employers for any purpose designated under the use). Alternatively, employers may choose with fewer than six employees must comply Oregon Family Leave Act, including, but to “front-load” their employees’ sick with the new law’s requirements for non- not limited to, bereavement leave or leave, in which case the employer would Portland employers with fewer than 10 caring for a newborn child, regardless credit employees with 40 hours of leave employees (i.e., unpaid leave). The law of whether OFLA would otherwise apply as soon they are eligible and again at defines “[e]mployer located in a city with a to them. Employees may also use sick the beginning of each subsequent year. population exceeding 500,000” to include, leave provided under SB 454 to address Covered employers have other among other things, “an employer that domestic violence, harassment, sexual obligations under SB 454, including maintains any office, store, restaurant or assault, or stalking and in the event of providing written notification at least establishment in that city.”

OREGON WOMEN LAWYERS AdvanceSheet 12 FALL 2015 Salary Negotiation Workshop Offers Facts, Figures, and Tips By Florence Z. Mao

id you know that by not negotiation. To obtain a broad range of Valerie noted negotiating your salary early perspectives, Yumi recruited the follow- that in her Din your career, you could lose ing speakers: Valerie Tomasi of Tomasi experience, potentially hundreds of thousands of Salyer Baroway, Traci Ray of Barran Lieb- women were dollars over the course of your career? man, Ellen Raim of Cascade Microtech, far less likely According to one study by researchers and Alana G. Iturbide Simmons of Safe to negotiate from George Mason University and Harbor Law. their salary Temple University, “assuming an average The initial part of the workshop focused offers than annual pay increase of 5%, an employee on preparing for a salary negotiation, men. whose starting salary was $55,000 rather which is often Ellen Raim, than $50,000 would earn an additional considered vice president $600,000+ over the course of a 40-year “99%” of the of compliance Valerie Tomasi career.”1 work. Panel and human On September 17, Oregon Women speakers resources at Cascade Microtech, provided Lawyers and the Oregon Women Lawyers covered a salary negotiation advice from a business Foundation held a salary negotiation broad range perspective. Ellen has more than 25 years’ workshop designed for lawyers who of topics experience practicing at a multinational want to learn strategies for negotiating that applied law firm and their salaries to both the serving as in- and asking private and house coun- for raises and public sectors, Traci Ray sel at various promotions. including business and Covering defense and plaintiff’s law firms. technology information Participants were provided with salary organizations. applicable to ranges for lawyers of all experience She described private firms levels, both nationwide and in Oregon, the yearly of all sizes, obtained through research conducted budget with corporations, by the Oregon State Bar, Robert Half which a hiring government, Consulting, and the American Bar manager may Alana Iturbide Simmons and nonprofit Yumi M. O’Neil Association. Panelists offered their make salary organizations, opinions on whether other salary ranges, offers and the constraints that budget the workshop provided a “behind the adjusted for the economy in Oregon, has on a company’s ability to negotiate scenes” peek at negotiating starting were more realistic. when hiring in-house counsel. salaries and raises from an employer’s Traci Ray, executive director at Barran Before attending law school, Alana perspective and an “insider’s look” at Leibman, encouraged candidates Iturbide-Simmons of Safe Harbor Law salary ranges and other important statistics not only to research salary ranges in worked in both finance and human about legal employment in Oregon. their practice areas and geographic resources as a financial and compen­ Yumi M. O’Neil, associate general locations, but more important, to sation analyst in the technology industry. counsel at Cambia Health Solutions, first prepare a “brag sheet” to bring to the A 2014 graduate of Lewis & Clark Law conceived and organized this workshop salary negotiation. Your “brag sheet” School, she encouraged new lawyers to in 2013 because there was no other highlights your accomplishments at the do their research and not be afraid to ask program in Oregon focused on salary firm or organization, including business for a fair market salary. Having clerked at negotiation for female lawyers. “I wanted development to grow the firm’s client government agencies and plaintiff-side to put together a workshop that gathered base and income, fostering relationships private law firms, she also shed light on information from diverse perspectives to with younger associates or support staff, various compensation schemes at those give Oregon lawyers, especially women and specific instances of teamwork. Traci entities, including percentage-based pay lawyers, an insider’s look at salary also encouraged people to consider the rather than salaries. negotiation,” Yumi explained. “I wanted total compensation package, including For most of the workshop, panelists hard numbers so that people can head benefits and PLF dues, rather than focused on specific tactics for negotiating into this sensitive discussion with their focusing solely on the salary. starting salaries and raises, emphasizing current or future employers knowing With more than 15 years’ experience the importance of laying proper what they’re worth compared to their as managing partner of a mid-sized law groundwork­­ and maintaining a positive peers in Oregon.” firm and founder of another law firm relationship with the employer. Panelists The first workshop was held in 2013. in Portland, Valerie Tomasi, president spoke about how to prepare for Due to popular demand, it was offered and owner of Tomasi Salyer Baroway, commonly asked questions, such as your again this year, and again it produced a explained that a law firm considers current salary and salary expectations. lively and informed discussion between overhead costs prior to each new hire or They answered questions regarding the panelists and participants to better raise. She also discussed how an associ- mechanics of negotiating offers, how to prepare lawyers for their next salary ate can determine her or his own worth. Continued on page 15

OREGON WOMEN LAWYERS AdvanceSheet 13 FALL 2015 Finding Bliss: Innovative Legal Models for Happy Clients & Happy Lawyers By Deborah Epstein Henry, Suzie Scanlon Rabinowitz, and Garry A. Berger (American Bar Association, 2015, 141 pages) Book Review by Teresa Statler

n this slim but information-packed include “virtual law firms,” “secondment teaching practical skills via a mentorship volume, the authors, who are law firms,” and “process, foundation and program. The Oregon State Bar has been Ipartners, explore seven key areas information firms.” They hold out doing exactly that for several years now. of practice in which, they contend, their own firm as innovative because it The book would have more value if both lawyers and clients can find combines two of these—the secondment the authors had, even at least briefly, greater satisfaction, profitability, and firm and the virtual firm. described other ways that lawyers productivity. Although claiming to offer The authors say that these new ways to are “finding bliss.” These include solo “innovative” solutions to the various practice law have come about for several practice and practice in very small firms challenges facing law firms and lawyers, different reasons, including these: after where quality of life, and a desire to the book, in this reader’s opinion, is too the Great Recession, many large firms lost serve clients at reasonable fees, have narrowly focused on the practice of law their “bread and butter” work to new, already been meeting attorneys’ desires in large firms for similarly large corporate lower-cost, often more-specialized legal and clients’ needs. The authors note clients. Some of the authors’ other ideas service providers; corporate clients have toward the end of the book that 65% of also do not seem as new and inspired as become dissatisfied with fee increases; practicing lawyers work in solo or small they believe them to be. and firms need flexible staffing to better firms, yet they expend all their effort in Finding Bliss discusses seven key serve their corporate clients’ often discussing models that emanate from themes, each set forth in a separate changing needs. large firm practice only. Obviously, this chapter, to improve legal practice and The authors discuss other interesting is their area of expertise, but there are the services that lawyers provide to their topics, such as their view that fee issues other legal models that can bring lawyers (corporate) clients: innovation, value, and disagreements result from a “lack and their clients “bliss.” predictability and trust, flexibility, talent of trust” between lawyers and clients. Teresa Statler, chair of the AdvanceSheet development, diversity and inclusion, and They advocate a reconsideration of the Committee, has a solo immigration law relationship building. The book ends with classic billable-hour fee structure for practice in Portland. an eighth, concluding chapter entitled corporate legal matters. The authors “Happy Clients, Happy Lawyers.” Each believe that firms should abandon the chapter features a short introduction billable hour and instead bill corporate Clackamas Chapter by an in-house general counsel, the clients using a combined flat fee–bonus Fields Team for ostensible “clients” referred to in the fee structure, which, they contend, book’s title. creates predictability for the client while Oregon Trail Game The authors, who are partners in also factoring in a lawyer’s expertise, Bliss Lawyers, a firm they describe as efficiency, and ability to deliver results. employing “high caliber lawyers to work This fee structure is an example of an on an engagement basis in secondments innovation they say can lead to happy for in-house legal departments and lawyers and happy clients. In the chapter law firm clients,” start out by telling us entitled “Relationships,” they put forth that there are now many new ways to another supposed innovation: their practice law. Besides the classic large law idea of having state bar associations firm where the billable hour rules, they be responsible for educating “junior describe these “cutting edge changes” to lawyers” in the core competencies, such as

Need help with a big case?Want to take a vacation? Clackamas Women Lawyers members Contact theOWLS Contract Lawyer Service. We canhelp! Jackie Alarcon, Ericka Langone, and Angela Laidlaw get ready for the race.

Contactuswithproject/job information. n July 25, team “Clackamas Women We immediatelypostthe announcementtoour OLawyers” braved an Oregon Trail contractlawyer listserve.You arepromptlycontacted Game 5K, part of this year’s First City Celebration in Oregon City. The event by contract lawyers whomeetyourcriteria.Nofee to celebrated the city’s legacy as the Oregon post jobs or projects.You pay thecontract lawyer you Territory’s first city. At this family-friendly hire.OWLScontract lawyers are statewide. event, participants trekked a simulated Many levels of experience. Many types of expertise. journey from Missouri to Oregon while making decisions such as how to cross Formoreinformation or to post a job,contact rivers and whether to go hunting along Diane Rynerson: [email protected] the way. The event was a community success.

OREGON WOMEN LAWYERS AdvanceSheet 14 FALL 2015 Board Member Banafsheh Violet Nazari: Pushing the Envelope By Megan R. Lemire anafsheh Violet Nazari, an OWLS background helps fuel her advocacy for the board to board member, is passionate about and foster connection with her clients. focus on. She Bher work and about effecting Violet has also learned life lessons from emphasizes, change in the practice of law. She her grandmother, whom she considers for example, attended Portland Community College one of the most influential people in her that OWLS (PCC) and Portland State University and life. “She was the first feminist I knew needs to graduated from the City University of when I didn’t know what a feminist have a united New York School of Law in 2008. After was,” Violet says. Her grandmother vision and returning to Portland and gaining some lost her mother at a young age and to promote experience as a judicial clerk, she formed had less than a high school education collaborative Nazari Law to represent employees in yet managed to be a resource and an inclusiveness. wage theft and workplace discrimination. advocate for others in her community. “OWLS is Before entering the legal profession, Even with “a dirty mouth and temper, about the Violet had a colorful work history. She no one questioned her.” Violet strives to whole per­son, sold cars in Texas, repaired watches, emulate this unconventional leadership not a check­ Violet Nazari and assisted in the film department for quality in her work as an attorney. With box of diversity,” Violet says. In that PCC’s television courses. One of her jobs her office of one, she helps to level the vein, she is spearheading OWLS IN, a ended prematurely when her employer playing field for employees one case at a committee whose mission is making terminated her for clocking in a minute time, claiming that “there’s nothing more the practice of law hospitable to all. In or two late too many times. The situation delicious than getting to punish a bully.” whatever passion she is pursuing, Violet was untenable, however, as all employees OWLS has been a valuable outlet for refuses to accept the status quo and keeps had to punch in on the same time clock, Violet to effect change for attorneys pushing the envelope. which caused a backup, and no one was practicing as part of the non-dominant allowed to clock in early. Violet recalls culture. Ever a visionary, she describes Megan R. Lemire, at Lemire & Hirano in this as her own “first experience of her responsibilities­ as a board member as Portland, focuses on employment and complete injustice in the workplace.” Her highlighting issues that are important for civil rights law.

Jennifer Meisberger (left) and Beverly Michaelis (right), practice advisors with the OSB Professional Liability Fund (PLF), presented a CLE in Portland on September 1 on conflicts of interest. They are shown here with Dana Campbell, chair of the OWLS Contract Lawyer Service. The PLF will make a recording of the program available on its website, www.osbplf.org. The OWLS Contract Lawyer Service presents CLE programs and hosts discussions on topics of particular interest to contract attorneys, but all OWLS members are always welcome to attend. For more information, visit www. oregonwomenlawyers.org.

Salary Negotiation Workshop continued from page 13 make effective counter-offers, and how including paid maternity leave, working and empower to convey the value that a candidate will half-time or “flex time,” and the salary women lawyers bring to a firm or company. gap that commonly results when women to ask questions.”­ Panelists also addressed other topics, take time off to care for young children. “Remember,” Yumi including whether leveraging a job offer Panelists also held a lively discussion noted, “the answer helps or hinders the negotiating process about how women can close the earnings is always ‘no’ if you when asking for raises or promotions; gap despite having taken time off to care don’t ask.” how to negotiate over the phone and via for family. Florence Z. Mao email; how to avoid demanding a salary Participants praised the “insider info” is an associate that could disturb the equilibrium of provided by panelists and the intimate attorney at Lehner salary expectations at a firm or company; atmosphere that encouraged candid & Rodrigues in Portland. Ellen Raim and what to do when your employer discussions. The workshop met its goals, 1. “Study Reveals the Secrets to Negotiating will not give you a raise or promotion. which, as Yumi said, were “to provide a Higher Salary,” Press Release, George Discussions also focused on particular lawyers with the information that isn’t Mason University, Oct. 20, 2010, available issues that affect many female lawyers, readily available, share frank advice, at http://eagle.gmu.edu/newsroom/843/.

OREGON WOMEN LAWYERS AdvanceSheet 15 FALL 2015 OWLS Fashion Show Benefits Dress for Success veryone had a great time at the annual OWLS Dress for Success Fundraiser and Fashion Show, held on September 10 at the Mark O. Hatfield U.S. Courthouse Ein Portland. Dress for Success provides interview clothing, career development tools, and job retention resources for women trying to break free from the cycle of poverty. OWLS thanks our superb MC, Edie Rogoway; the planning committee; our terrific sponsors; and all the lawyers, men and women, who modeled the latest in chic lawyer attire with such style.

Community Service Committee co-chair OWLS board member and Fundraiser Katie Riggs, of Aldridge Pite, works on Committee member Susan Pitchford of the final details before the cat walk. Chernoff Vilhauer. Photo: Todd Nashiwa Photo: Todd Steffan Alexander of Markowitz Herbold shows his colleagues how it’s done on the red carpet.

Models included (from left): Brittany Ruedlinger, Folawn Alterman & Richardson; Tiffany Jensen, Gevurtz Menashe; Gosia Fonberg, Buchanan Angeli Altschul & Sullivan; and Elizabeth Bingold,

Davis Wright Tremaine. Nashiwa Photo: Todd

For more information about OWLS chapters and activities, please visit www.oregonwomenlawyers.org.

The Rothauge & Kaner Women’s Trial Academy traveled to southern Oregon in September. A special thank you to mentors Lisa Kaner, Renée Rothauge, Judge Crain, Judge Wilson, Mary Hodgins, Sally Wiggins, Jeni Feinberg, Tracy McGovern, and Laura Dominic. In July, the National Conference of Women’s Bar Associations gave its 2015 Outstanding Member Program Award to OWLS, for the Women’s Trial Academy.

OREGON WOMEN LAWYERS AdvanceSheet 16 FALL 2015