MuLTNoMAH LAwYER Lawyers associated for justice, service, professionalism, education and leadership for our members and our community. January 2007 Volume 52, Number 1 Make Your Community a Better Place MBACLE By Peter H. Glade, MBA President. To register for a CLE, please see the inserts in this issue or go to www.mbabar.org. I fi nished the trial of a relatively lawyers and administrators have leveraged that fi nancial support and simple business case a few weeks other resources carefully and tirelessly to provide services to more than ago. Each side called only two 20,000 low-income services. In addition, St. Andrew Legal Clinic serves January witnesses, and between us we the family law needs of many low-income individuals and families in Thursday, January 18 off ered fewer than 50 exhibits. We this state. Nevertheless, studies have shown that less that 20% of the Young Litigators Forum CLE chose a six person jury, put on legal needs of those with modest means have been serviced each year. Series begins the evidence and argued the case So, despite our ability to congratulate ourselves on our generous giving, in two days. Th e judge instructed we need to do more. Wednesday, January 24 the jury and they deliberated Litigating Elder Abuse Cases about two and a half hours before You do not need to give up your practice to make a diff erence. If each Cindy Barrett rendering their verdict. Th e lawyers were experienced, and did not of the MBA’s 4,000 members committed even a tiny fraction of our Richard Braun squander court time. available time to pro bono services, the impact would be enormous. Richard Vangelisti Look at what has been accomplished in other parts of the world. Th e Th e parties had no discovery disputes that required court eff ect of providing access to economic opportunities by making “micro intervention, depositions of the four witnesses took less than two loans” to the poor was recently recognized when the Nobel Peace Prize days and the total number of documents exchanged would fi t in any was awarded to Muhammad Yunus and the Grameed Bank he founded February of our trial bags. Th e defense fi led a fairly short summary judgment in Bangladesh. Loans of small amounts to people who otherwise would Thursday, February 1 motion that successfully narrowed the issues for trial. As I look back not have a chance to improve their economic lot has empowered Forensic Accounting on the billings, I see no wasted eff ort. I think both sides did a good thousands of the world’s poorest people to lift themselves out of poverty. Rick Martson job, if I do say so myself. Jay Sickler We have the ability to accomplish a similar result. By providing Oregon’s I provide all these details to give context to the total expense to the under-privileged with access to our legal system, we allow them the Tuesday, February 6 parties, which in combination exceeded $100,000. Competent legal chance to defend their rights, protect their families and obtain benefi ts Enforcing Family Law services cost a lot of money, even when the lawyers try to keep costs to which they are entitled. We all benefi t from making sure that equal Judgments down. So, I look at this particular case, and I think, “Wow, I’m not access to justice is available to all. Th e community’s health and our Mark Kramer sure I could aff ord my own services if I needed them.” quality of life improve when we ensure that everyone can make use of the legal system, regardless of their economic resources. Now consider those who do not have the good fortune most of us have experienced, and consider the frustration and despair As you will see from reading our annual pro bono issue, the need is real In This Issue that must come from needing the services of a lawyer without and the opportunities to meet that need abound. Sign up today, and be Announcements....................... p. 4 having the resources to hire one. A growing number of our fellow part of making this community a better place to live. Ethics Focus.............................. p. 4 citizens confront these circumstances every year, because both the Around the Bar......................... p. 7 cost of legal services and the segment of our populations that is Tips From the Bench ............. p. 8 Profi le: Judge Welch................. p. 8 economically disadvantaged continue to rise. Pro Bono Opportunities......... p. 9 YLS............................................. p. 10 Last month I fi lled this column by urging our membership to Classifi eds.................................. p. 14 actively support the building of new court facilities in Multnomah Multnomah Bar Foundation... p. 16 County. In past columns, I have urged our membership to take action in the political arena to protect judicial independence MBA Board MULTNOMAH BAR and to ensure that our justice system is adequately funded. New ASSOCIATION courthouses, fairly paid judges and staff and adequate fi nancial Elections 620 SW 5TH AVE SUITE 1220 support for the legal system mean nothing to those deprived of PORTLAND, OREGON 97204 access to that system. Too many of the people of this state fall into 503.222.3275 The MBA bylaws provide for a slate of candidates FAX 503.243.1881 that category. WWW.MBABAR.ORG to be presented to the membership at least 60 As lawyers, we are responsible for protecting and enhancing days prior to the annual meeting. This slate will access to justice. Each of us can easily fulfi ll that responsibility by appear in an upcoming issue of the Multnomah This issue of the undertaking pro bono representation for those who cannot aff ord to Lawyer. The bylaws also provide for nominations Multnomah Lawyer is pay. Th is issue of the Multnomah Lawyer is packed with information full of ideas on how about a variety of pro bono opportunities available to lawyers in this from the membership at large. A nominating state. I doubt any of our readers will have trouble fi nding a match for petition, endorsed by the nominee and at least 10 you can serve others their practice area and experience level. other MBA members, must be received by 5 p.m. through pro bono on Friday, February 23, in the MBA offi ce. Ballots work. There is an Oregon lawyers have generously supported Legal Aid Services of will be included with the April newsletter; they attorney information Oregon through the Lawyer’s Campaign for Equal Justice. Legal Aid will be due in the MBA offi ce by 5 p.m. on Friday, form for you to April 27. Winners will be offi cially “announced” complete. This year’s MULTNOMAH BAR ASSOCIATION at the MBA Annual meeting in May. Pro Bono Honor Roll is PRSRT STD 620 SW FIFTH AVE., SUITE 1220 listed on an insert. U.S. POSTAGE PORTLAND, OREGON 97204 PAID PORTLAND, OR WinterSmash PERMIT NO. 00082 February 3 Details on p. 6 MuLTNoMAH LAWYER BOARD OF DIRECTORS KNOLL MEDIATION MBA Board of Directors President Peter H. Glade President-Elect Thomas W. Brown Mediation & Arbitration Secretary • Experience David A. Ernst • Integrity Treasurer Michael Dwyer • Solutions Past President Kelly T. Hagan James L.Knoll, P.C. Directors ATTORNEY AT LAW Catherine Brinkman 503.222.9000 YLS President 1500 SW Taylor Street • Portland, OR 97205 Christine M. Meadows fax 503.222.9003 e-mail [email protected] ABA Delegate www.knollmediation.com Agnes Sowle Diana I. Stuart Michael H. Bloom CRAIG MURPHY Nancie K. Potter !SHER0ORTFOLIO!DVISORS )NC Pwfs!31!zfbst!pg!fyqfsjfodf!xpsljoh!xjui!Rvbmjßfe!Sfujsfnfou!Qmbot Jeff Crawford Scott Howard Arbitration & Mediation Leslie Nori Kay 25 years of Litigation Experience Executive Director Tff!xibu!dbo!ibqqfo!xifo!zpv! Emphasis on Wrongful Death Judy A.C. Edwards sfnpwf!ßobodjbm!cjbt!gspn!uif! and Personal Injury Claims Director, Member Services Guy Walden gvoe!tfmfdujpo!qspdftt/ Director, Events and Programs Phone: 503-227-5594 Kathy Maloney Tfswjdft!qspwjefe!po!b!àbu!gff!ps!ipvsmz!cbtjt/ [email protected] Administrator, Member Services and Events Noëlle Saint-Cyr Executive Assistant Tufwf!Nfimjh Carol Hawkins btifsqpsuAdpndbtu/ofu!/!!)614*!635.5341 Schedule available dates online at: THE MULTNOMAH LAWYER www.murphymediation.com is published 11 times per year by the Multnomah Bar Association, 620 SW Fifth Ave. Ste. 1220, Portland, OR 97204 ENGINEERING 503.222.3275 FAILURE ANALYSIS –FORENSICS –TESTING –INSPECTION An annual subscription is included in member dues or LICENSED PROFESSIONAL ENGINEERS VGO Inc. Engineering may be purchased for $20. CERTIFIED TECHNICIANS Letters, award and news items, (503)968-6391 CALIBRATED EQUIPMENT and announcements are wel- come. Articles by members are “Engineering the Northwest… [email protected] accepted. All submissions may …since 1970” http://www.vgoinc.com be edited for length, clarity and style, are published on a space available basis, and at the editor’s discretion. Views expressed in articles represent the authors’ opinion, not necessarily the 3(7(55&+$0%(5/$,1 MBA’s. The publication does not ([SHULHQFHG0HGLDWRUDQG$UELWUDWRU purport to offer legal advice. E7RUW/LWLJDWLRQ Advertising is accepted; E&RPPHUFLDO&ODLPV advertisers(ments) are not necessarily endorsed by the MBA. E%XVLQHVV'LVSXWHV The editor reserves the right to $YDLODEOH6WDWHZLGH reject any advertisement. DEADLINE for copy: The 10th of the month* DEADLINE for ads: The 12th of the month* *or the preceding Friday, if on a weekend. NEWSLETTER STAFF CONTACTS Editor: Judy Edwards Copy and Classified Advertisement: Carol Hawkins %RG\IHOW0RXQW6WURXS &KDPEHUODLQ//3 Design: Cyrano Marketing Solutions www.mbabar.org FKDPEHUODLQ#EPVFODZFRP ZZZEPVFODZFRP Copyright Multnomah Bar Association 2007 2 JANUARY 2007 NEW ON THE SHELF By Jacque Jurkins, Multnomah Law Librarian.