JUNE 2020 Fit to Practice What Sports and Exercise Teach Us About Lawyering Also Inside: Coping With COVID-19 Legal Community Responds to ‘Conditions We’ve Never Seen Before’ OREGON STATE BAR BULLETIN JUNE 2020 VOLUME 80 • NUMBER 8 Bend business attorney Alison Hohengarten focuses on yoga, walking, hiking, climbing — whatever she can find that gets her moving and creates the endogenous endorphins that fitness enthusiasts crave. And she’s not alone, as freelance writer Jennie Bricker explains in the “Fit to Practice” story that begins on Page 16. Even during the COVID-19 pandemic, it seems, legal professionals are finding ways to relieve stress by maintaining some kind of exercise routine. Photo courtesy of Alison Hohengarten FEATURES 16 Fit to Practice What Sports and Exercise Teach Us about Lawyering By Jennie Bricker 24 Coping With COVID-19 Legal Community Responds to ‘Conditions We’ve Never Really Seen Before’ By Cliff Collins 27 Managing in Uncertain Times / By Chief Justice Martha Walters 31 Navigating the Pandemic / By Sheila Blackford and Douglas Querin COLUMNS 5 From the Editor 34 Legal Practice Tips Craving Connection Negotiating During a By Gary M. Stein Pandemic: Focus on These Five Areas Right Now 9 Bar Counsel By Danny Newman Inside the Client Assistance Office: Here Are Some 38 Law & Life Common Complaints (and To Russia with Hope: How to Avoid Them) Humanitarian Effort Proves By Linn D. Davis ‘Profoundly Rewarding’ By Hon. Daniel L. Harris 13 The Legal Writer Writing Remotely: Lessons 44 Technology & the Law about Work and Life Making it Rain: Effective During Uncertain Times Marketing in the Digital Era By Suzanne E. Rowe By Sharon D. Nelson, John W. Simek and The Oregon State Bar Bulletin (ISSN 0030-4816) Kimberly Haught is the official publication of the Oregon State Bar. The Bulletin is published 10 times a year (monthly DEPARTMENTS except bimonthly in February/March and August/ September) by the Oregon State Bar, 16037 S.W. 7 Briefs In Memoriam Upper Boones Ferry Road, Tigard, OR 97224. The Lawyer Announcements Bulletin is mailed to all members of the Oregon State 48 Bar News Bar, a portion of the dues for which is allocated 50 Bar Actions 56 Classifieds for the purpose of a subscription. TheBulletin is Discipline also available by subscription to others for $50 per 60 Attorneys’ Marketplace year, $90 per two years, within the United States. 51 OSB Education & Research 62 Photo Finish Individual copies are $5; back issues are $5 each, Flowers from Les Jardins when available. Periodicals postage paid at Portland, 52 Bar People du Luxembourg in Paris Oregon 97208. POSTMASTER: Send address Among Ourselves changes to Oregon State Bar, P.O. Box 231935, Moves Tigard, OR 97281-1935. It’s time to Oregon Lawyers TheCelebrate nomination deadline for the2020 OSB awards honoring Oregon’s most outstanding lawyers, judges and others is Tuesday, June 30, at 5 p.m. Nomination criteria, forms and other information about the following awards can be found at www.osbar.org/osbevents OSB Award of Merit Wallace P. Carson Jr. Award for Judicial Excellence President’s Diversity & Inclusion Award President’s Membership Service Award President’s Public Service Award President’s Public Leadership Award President’s Sustainability Award President’s Technology & Innovation Award and the Oregon Bench & Bar Commission on Professionalism’s Edwin J. Peterson Professionalism Award For more information, please contact Cathy Petrecca at [email protected] FROM THE EDITOR Craving Connection By Gary M. Stein we shared conversation and a meal from visit with his children and grandchildren as opposite ends of his conference table. the pandemic wore on. Unlike Van, though, It’s not working from home that both- Hill decided to follow my lead ― but only ers me. In fact, I actually feel more produc- after first consulting with his daughter, who tive now than when I was ensconced in my is a surgical nurse. office at the OSB Bar Center ― and many “Both families had been quarantined of my colleagues in Oregon’s legal commu- for more than a month and only went out nity agree. As writer Cliff Collins notes in for groceries on occasion with masks and this month’s special report on the impact filters,” Hill says. “Everyone was healthy, of COVID-19, many members of a service so we decided to limit gatherings to just the profession accustomed to personal interac- six of us. We’re not hanging out with others, tions and handshakes became conversant because we don’t know where they have virtually overnight with Zoom, FaceTime been or what health practices they have and Skype in an effort to continue operat- been following. ing and meeting their clients’ needs. (See “The Zoom meetings,” he says, “just “Coping with COVID-19,” Page 24.) didn’t quite cut it.” n But when it comes to meeting their own needs, it seems, technology only goes so far. Reach Editor Gary M. Stein at (503) 431- Bulletin File Photo Bulletin File “The personal cost of the pandemic” has 6391 or [email protected]. been hard to accept, Jefferson County Dep- o one I know stormed the state uty District Attorney Kasandra Van told Capitol in recent weeks to demand Collins, because it has kept her from seeing Na loosening of Gov. Kate Brown’s her family and friends, most of whom live in Our Editorial Policy stay-at-home order. But with the corona- towns several hours away. virus pandemic now stretching from mid- All articles published in the Bulletin must be She’s not alone, of course. Dozens of March into late May and beyond, I think germane to the law, lawyers, the practice lawyers have reached out to the Oregon At- of law, the courts and judicial system, we’ve all started to chafe under restrictions torney Assistance Program and the Profes- legal education or the Oregon State Bar. that have kept us socially isolated from fam- sional Liability Fund in recent weeks with All opinions, statements and conclusions ily and friends. questions about how to cope with social expressed in submitted articles appearing in the Bulletin are those of the author(s) That chafing might have been worse for isolation. (See “Navigating the Pandemic,” me if I hadn’t given the rules a liberal read- and not of the editor, other editorial staff, Page 31.) Douglas Querin, an attorney employees of the Oregon State Bar, or ing on occasion in an effort to connect in counselor with the OAAP, says everyone members of the Board of Governors. Publi- ways that didn’t involve a computer screen. is dealing differently ― and in their own cation of any article is not to be deemed an Last month, for example, I brought chairs to way ― with Brown’s stay-at-home order, endorsement of the opinions, statements a Lake Oswego parking lot and talked poli- “but those who stay connected with trusted and conclusions expressed by the author(s). tics with former City Councilor Jeff Gud- others on a regular basis ― people they can Publication of an advertisement is not an man as we munched on pizza from a safe talk openly with about how they are coping, endorsement of that product or service. Any content attributed to the Oregon State distance. A few days later, diversity consul- feeling and experiencing today’s challenges Bar or the Board of Governors is labeled tant Christine Moses met me for burgers in ― report doing much better than those with an OSB logo at the top of the page or a secluded spot near Oswego Grill. who don’t.” within advertising to indicate its source or And twice I picked up food on the way That’s certainly true for science writer attribution. to attorney Peter Glazer’s office, where Richard Hill, who found himself unable to HOW TO REACH US: Call (800) 452-8260, or in the Portland area call (503) 620-0222. Email addresses and voicemail extension numbers for Bulletin staff are: Gary M. Stein, editor, [email protected] (ext. 391); Mike Austin, associate editor, [email protected] (ext. 340); Kay Pulju, communications director, kpulju@ osbar.org (ext. 402); and Spencer Glantz, classified ads and lawyer announcement ad rates and details, [email protected] (ext. 356), fax: (503) 684-1366. Display advertising: Contact LLM Publications at (503) 445-2240, [email protected]. JUNE 2020 • OREGON STATE BAR BULLETIN 5 BRIEFS and requirements, see the Bar Exam Proctor and administration of the legal system in application form online at osbar.org/ad- Multnomah County. missions/barexamvolunteers.html. The new initiative, called CourtSupport, For the most up-to-date information on is designed to develop and fund projects that the exam itself, visit osbar.org/admissions. will assist community members in navigat- On a lighter note, the OSB has pro- ing Multnomah County courts. CourtSup- duced a video congratulating the law class port’s initial goal is to place a CourtSupport of 2020 on behalf of Oregon’s legal commu- Navigator at the information desk in the nity. “While it can’t make up for the loss of a graduation ceremony,” Reeves says, “we wanted to offer our support and welcome them to our community.” By the Numbers View the video online at osbar.org/ admissions/congratulationsgraduates.html. Non-unanimous Verdicts U.S. Attorney, Oregon Attorney General Partner to Fight Fraud In the wake of a U.S. Supreme Court ruling (Ramos vs. Louisiana) that ended U.S. Attorney Billy J. Williams and Ore- Oregon’s constitutional provision al- gon Attorney General Ellen Rosenblum have lowing felony convictions (aside from iStock.com/smolaw11 formed a state-federal partnership to protect murder trials) by non-unanimous juries, Oregonians from COVID-19 fraud.