March 2021 Lawyers associated for justice, service, professionalism, Multnomah education and leadership for our members and our community March 2021 Volume 67, Number 3 Est. 1906 L aw y er Assessing Our Legal Culture: mba CLE Due to the COVID-19 situation, Developing a More Inclusive Bar the MBA will be offering all by Valerie Colas seminars ONLINE ONLY. To MBA President register for a CLE seminar, please see p. 3 or visit It has been a year since Governor On reflecting on the rejections and barriers she faced in her legal www.mbabar.org and log in Brown issued the executive order career, Ruth Bader Ginsburg said, “So often in life things that you as a member to register at the directing us to stay at home “to regard as an impediment turn out to be great, good fortune.” The member rate. the maximum extent possible,” pandemic has put a spotlight on long-existing inequities in every and, for the most part, we are still other aspect of our society and has required us to stop and pivot. And working from home. We are all, to as challenging and painful as the pandemic has been, we should use MARCH one extent or another, balancing work and caregiving responsibilities it as an opportunity to turn the spotlight inward and assess our legal 3.3 Wednesday while hopefully remembering our own self-care. Some days ordinary culture to address the barriers that non-dominant and caregiving Family Law Update tasks feel extraordinary; it is no easy feat surviving, working, or attorneys face to create a more equitable and inclusive legal climate. Judge Susan Svetkey homeschooling during the pandemic. It starts with us identifying the problem. The OSB and MBA Sarah Bond The COVID-19 pandemic, which has impacted communities surveys provide informative data. However, additional information Amy Fassler of color and other non-dominant communities disproportionally, is needed to understand the unique has given us a wider consciousness of the various socioeconomic challenges that caregivers, especially The pandemic has put a spotlight 3.9 Tuesday inequalities that exist. The pandemic has forced us to reorganize our women caregivers, in our profession Gender Silent Drafting lives and reassess our priorities, goals, and expectations. The things face. If we do not want to lose attorneys on long-existing Professor Jessica Vapnek that worked - or barely worked - before no longer work now, nor will who are caregivers from the practice of inequities in every they work after the pandemic. And as our communities reopen and law, then we need to be able to pinpoint other aspect of our 3.17 Wednesday children return to school on a hybrid or full-time model, we will need what and where the difficulties are: is the society and has Civil Trial Motions to reorganize and reassess again. And that is certainly true with the problem with managing mental health required us to stop Laurie Hager practice of law. and well-being, staying afloat with the Josh Stadtler At the end of January, the MBA and OSB held a leadership workload, or staying motivated and and pivot. reception with the boards of each organization and invited the board focused in an environment prone to many 3.18 Thursday members of the affinity bar organizations and managing partners interruptions? We also need to adopt a process that is inclusive and Oregon Elections Law from medium and large-sized firms to discuss recruitment and allows for those who are experiencing these challenges to be part of Bridget Donegan retention of diverse talent. The presentation focused on the OSB’s Legal the solution. Some of the solutions may include encouraging remote Margaret Olney Community Climate Assessment and the MBA’s Caretaker Survey. work longer than required; allowing flexible work hours; providing The findings about our legal climate and how non-dominant attorneys financial assistance or part-time programs; offering wellness and attorneys with caregiving responsibilities were doing were programs; or creating affinity and support groups. Most importantly, sobering but not surprising. The OSB Climate Assessment Summary when seeking to understand and to find solutions, we must engage APRIL Report found that only about a quarter of OSB members felt highly with empathy, transparency, and authentic concern. 4.1 Thursday satisfied, safe, and established. Prior to the pandemic, OSB members This month is Women’s History Month. It is very fitting that Claims, Pains and already believed that the legal climate was challenging. Non-dominant the theme for International Women’s Day, which falls on March 8 Automobiles: Presenting and attorneys also experienced microaggressions in addition to navigating this year, is “Women in leadership: Achieving an equal future in Resolving UM/UIM Cases through a challenging legal climate. Although we have reorganized a COVID-19 world.” In celebrating Women’s History Month, in Ben Cox ourselves to work remotely, the workload and the number of hours addition to honoring the achievements and contributions of women, Gretchen Mandekor remain the same while we are balancing more on our plate. According we need to commit to continue to make progress for gender equality to the MBA’s Caretaker Survey, lawyers and mitigate the impact of COVID-19. In the end, if we expect to be Prior to the 4.9 Friday with minor children had 3.3 hours of time leaders and advocates for racial and social justice, then we should Multnomah County Presiding remaining to themselves after caretaking, pandemic, OSB ensure that our own practices and our legal climate reflect the same Court Update working, and sleeping. Since the pandemic, members already values and ideals we seek. Presiding Judge the amount of “free time” is non-existent. believed that the Stephen K. Bushong This is not sustainable. It is not sustainable legal climate was for the continued practice of law, nor is it challenging. sustainable for maintaining one’s mental health and well-being. Further, according In This Issue to the MBA survey, women shouldered more of the caretaking Calendar .......................................... 2 responsibilities than men both before and after the pandemic. As CLE .................................................. 3 caregivers, women are at the front line of this crisis. So, the potential SAVE THE Date! Announcements ............................... 6 for a long-term exodus that will disproportionately impact women and Ethics Focus ..................................... 6 MBA Bar Fellows ............................... 7 non-dominant attorneys is too great. Around the Bar ................................. 8 MBA 115th Annual Meeting News From the Courthouse ..............10 Tips From the Bench ........................10 and Awards Recognition Profile: Hon. Eric Bergstrom ............. 11 Profile: Hon. Christopher Marshall ... 11 YLS .................................................12 MULTnomah BAR AssociaTion Wednesday, May 19 The Corner Office .............................15 PRSRT STD Pro Bono Thanks .............................15 620 SW FIFTH AVE., SUITE 1220 5-6:30 p.m. Classifieds ......................................16 U.S. POSTAGE PorTland, Oregon 97204 Member Resource Center .................16 PAID Remote attendance via Zoom Multnomah Bar Association PORTLAND, OR 620 SW 5th Ave Suite 1220 PERMIT NO. 00082 Sponsorship opportunities available. Portland, Oregon 97204 Contact Kathy at the MBA at 503.222.3275. 503.222.3275 www.mbabar.org 1 Multnomah Lawyer MBA Board of The Free Federal Law Clinic Directors Calendar President Needs Your Help! Valerie Colas MARCH Treasurer by Bryan Dearinger Caroline Harris Crowne University of Oregon 9 Tuesday 25 Thursday Secretary and President-Elect The Free Federal Law Clinic The clinic begins with the OWLS Queen’s Bench March YLS Mock Interviews Jovita T. Wang is a volunteer lawyer program pro se litigant completing the Speaker Series Details on p. 13 Past President run by the Oregon Chapter of intake form online, which www.oregonwomenlawyers.org Sarah Radcliffe the Federal Bar Association consists of 10 short questions. 31 Wednesday (FBA). The program began as a Once the volunteer attorney is 19 Friday MBA Solo & Small Firm Directors pilot project in January 2019 to conflict checked, specific case OWLS Roberts 7 Deiz Award Workshop www.oregonwomenlawyers.org Details on p. 5 YLS President assist pro se litigants with civil information is sent for review. Brad Krupicka cases filed in federal court, and It has never been easier to increase the participation of to volunteer. Due to current Jacqueline L. Alarcón attorneys in federal pro bono COVID-19 restrictions, the clinic experience with federal civil or Lydia Anderson-Dana Nellie Q. Barnard service. The clinic offers direct has moved from a conference issues are welcome to volunteer ([email protected]). David I. Bean client consulting experience with room in the Mark O. Hatfield and may be paired up with a On behalf of the Oregon Paul S. Bovarnick federal civil issues in a limited US Courthouse on alternating more experienced attorney Chapter of the FBA, we Ben Cox representation capacity, requires Thursdays to phone consultations during their first volunteer encourage you to consider Timothy J. Resch a very short time commitment, at any time that works for the consultation upon request. volunteering. Volunteers may and gives attorney volunteers volunteer attorney and litigant. A John Robb Attorneys may also apply for sign up for available consultation the ability to develop attorney- consultation lasts 30 minutes. CLE credit for volunteering! slots posted online at Seth H. Row client relationships after the While the clinic’s ideal If you have any questions bit.ly/volunteerFBA. Gloria J. Trainor consultation if they so desire. volunteers are attorneys who about the clinic, please feel Theresa L. Wright Volunteers frequently answer have some experience in federal free to reach out to the clinic’s procedural questions, and gain court and are well-versed in Attorney Ambassadors: Executive Director exposure to substantive areas like federal civil procedure, newer Bryan Dearinger Guy Walden civil rights, employment, and attorneys who want more ([email protected]) social security.