MAY 2016 Bowling with Barbarians An Exploration of Implicit Bias Experience BarBooksTM on Any Device Big or little, phone or tablet, laptop or desktop. Screen size won’t matter with the responsive new BarBooks™ website, set to launch in June 2016. New content is also coming to BarBooks™. Along with the library of legal publications — with updated chapters added weekly and content hyperlinked to caselaw in Fastcase — members will now have access to a new collection of CLE seminar handbooks. Browse through the entire library, add your bookmarks, and search any or all of the available sources. It’s another OSB member benefit. Log in to BarBooksTM at www.osbar.org TM OREGON STATE BAR BULLETIN MAY 2016 VOLUME 76 • NUMBER 7 Experience BarBooks on Any Device “Implicit bias” refers to the way our unconscious attitudes cause us to veer from neutrality. Research tells us that we are mostly unaware of these attitudes — in fact, they are probably inconsistent with our consciously held beliefs, which makes it difficult to apprehend our unconscious biases, let alone correct them. Lawyer and writer Jennie Bricker explores the topic of implicit bias — how it manifests itself in language, traditions, actions — in this iStock month’s cover article. FEATURES 17 Bowling with Barbarians An Exploration of Implicit Bias By Jennie Bricker 22 When You Die, Will Your Digital Assets Go to Hell? Understanding Digital Property By Sharon D. Nelson & John W. Simek COLUMNS 9 Bar Counsel 30 Legal Practice Tips Navigating the Contours: A Better Way: The Ethics of Pro Bono Creating Effective By Mark Johnson Roberts Visual Presentations By Kelly L. Andersen 13 The Legal Writer E-Communication Etiquette: 62 Parting Thoughts Notes on Electronic The Strange Life Professionalism of ORS 1.050 By Elizabeth Ruiz Frost By James R. Hargreaves Big or little, phone or tablet, laptop or desktop. Screen size won’t 28 Profiles in the Law ™ matter with the responsive new BarBooks website, set to launch An Advocate’s Journey: Anne Hill Tackles in June 2016. Alzheimer’s Disease’s Growing Toll on Families ™ New content is also coming to BarBooks . Along with the library of legal By Melody Finnemore publications — with updated chapters added weekly and content hyperlinked to caselaw in Fastcase — members will now have access to a new collection of CLE The Oregon State Bar Bulletin (ISSN 0030-4816) DEPARTMENTS seminar handbooks. Browse through the entire library, add your bookmarks, and is the official publication of the Oregon State Bar. The Bulletin is published 10 times a year (monthly 5 Letters 44 Bar People search any or all of the available sources. It’s another OSB member benefit. except bimonthly in February/March and August/ Among Ourselves September) by the Oregon State Bar, 16037 S.W. 7 Briefs Upper Boones Ferry Road, Tigard, OR 97224. The Moves Bulletin is mailed to all members of the Oregon State 36 Bar News In Memoriam Bar, a portion of the dues for which is allocated for the purpose of a subscription. The Bulletin is Lawyer Announcements TM 38 OSB CLE also available by subscription to others for $50 per 54 Classifieds Log in to BarBooks at www.osbar.org year, $90 per two years, within the United States. 40 Bar Actions Individual copies are $5; back issues are $5 each, 59 Attorneys’ Marketplace when available. Periodicals postage paid at Portland, Discipline Oregon 97208. POSTMASTER: Send address changes to Oregon State Bar, P.O. Box 231935, Applications Tigard, OR 97281-1935. 4 OREGON STATE BAR BULLETIN • MAY 2016 LETTERS typically the only one drawing attention service contributed to his early demise, to the fact. but that certainly occurs often. A tie is no more an anachronism than D. Eric Woodard, Lake Oswego a pair of shoes. If it is all the same to you, I will continue with the morning pleasure We Love Letters of selecting a tie from my collections by The Bulletin welcomes letters. In gen- Don Loper, Bill Blass and Jerry Garcia. eral, letters should pertain to recent ar- Frank de la Puente, Salem ticles, columns or other letters and should be limited to 250 words. Other things to Let It Snow keep in mind: The February/March 2016 letters Letters must be original and addressed section notes that clients “agreed to the to the Bulletin editor. We do not reprint urine text in the face of the threat.” I’m letters addressed to other publications, to guessing that was the source of the yellow other individuals, to whom it may con- writing in the snow, eh? cern, etc. Preference is given to letters responding to letters to the editor, articles Al Larsen, Arlington, Va. or columns recently published in the Bul- letin. iStock Remembering Wally Ogdahl Letters must be signed. Unsigned or I read with interest the In Memoriam anonymous letters will not be published. The Anachronism That Won’t Die piece (January 2016) regarding Wally Og- (There are exceptions. Inquire with the I am raising a defense to Brian B. Wil- dahl (no one ever called him William). He editor.) Letters may not promote indi- liams’ indictment of the necktie (Parting and I were classmates in high school in Sa- vidual products, services or political can- Thoughts, January 2016) and oppose Matt lem long ago. I thus feel an obligation to didates. All letters must comply with the Taylor’s idea of eliminating the necktie mention an additional facet of his life that guidelines of Keller v. State Bar of Califor- as an anachronism (Letters, February/ was omitted. nia in that they must be germane to the March 2016). Wally graduated from OSU in 1967. purpose of regulating the legal profession The necktie is the only element of He then entered the Marines, being com- or improving the quality of the legal ser- a male lawyer’s courtroom attire where missioned a second lieutenant after offi- vices available to the people of Oregon. color is acceptable. It is a fashion state- cer candidate school. He served in Viet- Letters may be edited for grammatical ment. We like fashion statements don’t nam as a forward observer, a dangerous errors, style or length, or in cases where we? Work with me here! job, which entails being close enough to language or information is deemed unsuit- A blue suit with white shirt would where artillery rounds are landing to di- able or inappropriate for publication. Pro- look bland without a tie. As for “appro- rect fire and gauge the effect. (The artil- fane or obscene language is not accepted. priate attire” under UTCR 3.010, try lery can be miles to the rear in a position We strive to print as many letters as a dark suit, clean and polished leather of relative safety.) He served three years possible. Therefore, brevity is important, shoes, pressed shirt and a tie, or no tie. and attained the rank of captain. He was and preference will be given to letters that Messrs. Williams and Taylor are free also awarded a Bronze Star for valor. are 250 words or less. Letters become the to show up in court without a tie and still I feel this aspect of his life deserves property of the Oregon State Bar. Au- be appropriately dressed. I have never mention. Both OSU and OSB have a long thors of rejected letters are notified by the heard a judge criticize a lawyer for failure history of military service. Such sacrifice editor. to sport a tie. You may have noticed that of time (and often one’s body) deserves Send letters to: Editor, OSB Bulletin, the lawyer who shows up without a tie is mention and homage. I do not know if his P.O. Box 231935, Tigard, OR 97281. HOW TO REACH US: In Oregon, call us toll-free at (800) 452-8260. In the Portland area and outside Oregon, our number is (503) 620-0222. The fax num- ber is (503) 684-1366. Email addresses and voice mail extension numbers for Bulletin staff are: Paul Nickell, editor, [email protected] (ext. 340); Julie Hankin, associate editor, [email protected] (ext. 391); and Spencer Glantz, classified advertising and lawyer announcements, [email protected] (ext. 356). ADVERTISING: For display advertising rates and information, please contact our display advertising representative, Paul Vollmar, LLM Publications, (503) 445- 2222; (800) 657-1511 ext. 2220; email: [email protected]; website: www.llm.com. For classified and lawyer announcement advertising rates and information, please call Spencer Glantz at OSB, (503) 620-0222 or toll-free in Oregon, (800) 452-8260, ext. 356; email: [email protected]. MAY 2016 • OREGON STATE BAR BULLETIN 5 6 OREGON STATE BAR BULLETIN • MAY 2016 BRIEFS program, participants will hone their trial victims and protect their rights. skills in a small group setting where each This year’s conference, themed “Imag- participant will receive individualized at- ine: Every Victim. Every Right. Every tention. The program will address some Case,” features plenary sessions, break- of the unique challenges women face in out sessions and roundtable discussions the courtroom and train them to turn per- addressing a wide range of topics critical ceived disadvantages into strength and to understanding how victims’ rights fit winning strategies. within the justice system. Enhance your The academy will be held Friday practice by learning about rights enforce- and Saturday, Oct. 7-8, at Willamette ment and other legal issues impacting University College of Law. Partici- crime victims through sessions taught by pants must first download and complete the leading legal experts in the field. For the application form at www.tinyurl. full details, visit www.navra.org.