DECEMBER 2020 A Most Unusual Year Legal Community Responds to COVID-19, Social Justice Movement and Wildfires Also Inside: Shelter from the Storm Commercial Leasing under the Cloud of a Pandemic OREGON STATE BAR BULLETIN DECEMBER 2020 VOLUME 81 • NUMBER 3 When Oregon residents were asked to wear masks to prevent the spread of COVID-19, even public artwork complied — one of the most visible signs, perhaps, that 2020 was a very unusual year. Legal professionals responded quickly, not only to the pandemic but also to a social justice movement that called for reform and devastating wildfires that ravaged communities across the state. Writer Melody Finnemore chronicles it all in her special report, which begins on Page 16. Cover photo by Jonathan House FEATURES 16 A Most Unusual Year Legal Community Responds to COVID-19, Social Justice Movement and Wildfires By Melody Finnemore 28 Shelter from the Storm Commercial Leasing under the Cloud of a Pandemic By Bruce Cahn and Cozette Tran-Caffee 34 Aid & Assist How Best to Balance Mental Health Needs and Public Safety? By Cliff Collins COLUMNS 5 From the Editor 42 President’s Message Caring for Each Other Reflections: Looking Back By Gary M. Stein on a Tumultuous Year By Liani JH Reeves 9 Bar Counsel A Divergence in Loyalty: 44 Profiles in the Law How Lawyers Stumble into Private Attorney, Public Personal Interest Conflicts Citizen: After 67 Years of By Nik Chourey Practice, William Mansfield Still Leading by Example 13 The Legal Writer By Janay Haas Shades of Gray: Word Choices Offer Subtle Shifts 48 Technology and The Law in Meaning Lessons Learned: What By Suzanne E. Rowe Working from Home has Taught Us about Cybersecurity By Sharon D. Nelson The Oregon State Bar Bulletin (ISSN 0030-4816) and John W. Simek 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 50 Bar News Bulletin is mailed to all members of the Oregon State 56 Classifieds Bar, a portion of the dues for which is allocated 53 Bar Actions for the purpose of a subscription. TheBulletin is Discipline 59 Attorneys’ Marketplace also available by subscription to others for $50 per year, $90 per two years, within the United States. 54 Bar People 62 Photo Finish Individual copies are $5; back issues are $5 each, Among Ourselves 64 OSB Education & Research when available. Periodicals postage paid at Portland, Moves Oregon 97208. POSTMASTER: Send address changes to Oregon State Bar, P.O. Box 231935, Tigard, OR 97281-1935. FROM THE EDITOR Caring for Each Other By Gary M. Stein Johnston, a Portland personal injury challenges on individuals and their firms, attorney who lives in Clackamas County, but it has also created opportunities to says he had the luxury of staying in a beach change for the better. house in Pacific City when flames forced “We’ve had to be a lot more careful and him to flee, but he saw many people with safer. We’ve had to communicate a lot more their belongings packed in cars, trucks and by Zoom and phone. It’s slowed down our trailers on his way out of town. cases a little bit with the courts and the in- “I thought to myself, ‘I’ve got to do ability to push forward with jury trials,” something’ because, number one, I can. I Johnston says. “But it’s also made me a bet- know about making insurance companies honor their obligations,” he says. “I knew it ter and more sensitive boss, I suppose, by was going to be a huge undertaking and it making me think more about my people has been, but it was something I had to do.” and how to make them feel comfortable In her story that starts on Page 16 of this and safe and still be able to do their jobs.” month’s Bulletin, freelance writer Melody Reach Editor Gary M. Stein at (503) 431- Finnemore talks to Morse, Johnston and 6391 or [email protected]. n many other Oregon lawyers about their response to what has been a very unusual Bulletin Photo File Bulletin Photo Gary M. Stein year. Some jumped in when disaster struck. Others relied on their skills as attorneys and Our Editorial Policy their compassion as human beings to make All articles published in the aith Morse and Marc Johnston were sure their neighbors were managing in the Bulletin must be germane to the law, forced to evacuate their homes in face of a worldwide pandemic that contin- lawyers, the practice of law, the courts FSeptember when wildfires swept ues to infect and kill so many people. and judicial system, legal education across huge swaths of Oregon. But like “With two young children and two full- or the Oregon State Bar. All opinions, hundreds of their fellow lawyers across the time lawyers in my household, I am right statements and conclusions expressed state, their first instinct was not to run, but in submitted articles appearing in the there along with my clients navigating these to help their neighbors. Bulletin are those of the author(s) and challenges and fears,” says Erin Morris, a Morse, who practices with Andersen not of the editor, other editorial staff, partner with Morris, Stannard & Batalden Morse & Linthorst in Medford, spent a cou- employees of the Oregon State Bar, or Family Law. “So much of my advice has ple of days driving around with her horse members of the Board of Governors. focused on prioritizing thoughtfulness and trailer, helping folks move their animals to Publication of any article is not engaging rationally and critically with the a designated shelter for displaced families. to be deemed an endorsement of the best available information and data we And by the first weekend after the fires, she opinions, statements and conclusions have. I also spend a significant amount of was helping people file insurance claims expressed by the author(s). Publica- time empathizing with my clients, and ac- from a makeshift office there. tion of an advertisement is not an en- knowledging their fears as we move ahead dorsement of that product or service. “Seeing the absolute devastation and with less-than-perfect information and re- Any content attributed to the Or- hearing the stories is just … heartbreaking, sources.” heart-wrenching — and that doesn’t cover egon State Bar or the Board of Gover- it,” Morris says. “The devastation is just Not surprisingly, that caring attitude nors is labeled with an OSB logo at the jaw-dropping. I saw how much my commu- has also extended to the way Oregon law- top of the page or within advertising nity was hurting and I looked around and yers are looking out for each other. The to indicate its source or attribution. thought, ‘What can I do that will help?’” pandemic may have imposed significant 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 ad rates and details, [email protected] (ext. 356), fax: (503) 684-1366. Display advertising and Lawyer Announcements: Contact LLM Publications at (503) 445-2240, [email protected]. DECEMBER 2020 • OREGON STATE BAR BULLETIN 5 Protect Your Clients, Protect Your Case, Protect Yourself THE IMPORTANCE OF HIRING A QUALIFIED STENOGRAPHIC COURT REPORTER: Stenographers undergo specialized training and complete courses in court and deposi�on procedures, English, legal, and medical terminology Stenographers achieve ad�anced cer��ca�ons Stenographers can provide instantaneous (CSR, RPR, RMR, CRR) and complete con�nuing readbac�s� rough dra�s� e�pedited� and�or educa�on to keep current with the latest same‐day cer��ed transcripts, and offer technology and industry standards real�me transla�on, the most advanced technology to provide readable text Cer�fied court reporters are regulated, immediately to par�es both onsite and those accountable to the public and the courts, a�ending remotely operate under ethical guidelines, and are governed by a Code of Professional Conduct Unlike digital audio files, stenographic notes are not �ulnerable to manipula�on Only state�cer��ed stenographers can legall� administer oaths over the telephone to �acilitate remote deposi�ons Make sure your �o�ce o� �eposi�on indicates tes�mony will be taken by a stenographic court reporter Protect Your Clients, Protect Your Case, BRIEFS Protect Yourself Family Law Committee ‘Diversity Legal Job Fair’ Seeking New Members Scheduled for Early March The Statewide Family Law Advisory A group of Oregon attorneys and com- Committee is recruiting new members who munity members have come together to THE IMPORTANCE OF HIRING are committed to supporting successful develop the “Oregon Diversity Legal Job A QUALIFIED STENOGRAPHIC family law policies, reforms and programs that serve all individuals and families who COURT REPORTER: access Oregon’s courts. By the Numbers The committee believes that mission can be accomplished only with a diverse mem- Stenographers undergo specialized training and bership, which actively cultivates a culture of Dealing with Debt complete courses in court and deposi�on equity and inclusion. Visit bit.ly/SFLAC_info to learn more; questions (and completed Many new lawyers are postponing major life decisions — or rejecting procedures, English, legal, and medical forms) can also be directed to Debra Dority some choices outright — because they terminology at [email protected].