Professionalism in Times of Disruption Cosponsored by the Professionalism Commission Thursday, December 14, 2017 9 a.m.–12:15 p.m. 2 Ethics credits and 1 Access to Justice credit PROFESSIONALISM IN TIMES OF DISRUPTION PROGRAM PLANNERS Sandra Hansberger, Chair, Attorney at Law, Portland Professor Steve Johansen, Vice Chair, Lewis & Clark Law School, Portland The Honorable John Acosta, United States District Court, Portland The Honorable Kathleen Dailey, Multnomah County Circuit Court, Portland The Honorable Daniel Harris (retired), Harris Mediation & Arbitration, Wilsonville The Honorable Mary Mertens James, Marion County Circuit Court, Salem Scott Hunt, Busse & Hunt, Portland Stephen McCarthy, McCarthy Law Firm LLC, Portland Parna Mehrbani, Lane Powell PC, Portland OREGON STATE BAR PROFESSIONALISM COMMISSION The Honorable James L. Fun, Jr., Chair Scott N. Hunt Parna Mehrbani, Vice Chair The Honorable Mary Mertens James The Honorable John V. Acosta Steve Johansen The Honorable Richard Baldwin Michael Levelle Carol Bernick The Honorable Marilyn Litzenberger Jermaine Brown The Honorable Cindee Matyas Dominic Campanella Stephen P. McCarthy The Honorable Kathleen Dailey Joseph L. Franco The Honorable Edwin J. Peterson Sandy Hansberger Emily Rena-Dozier John M. Haroldson Maria Saez-Tatman Daniel L. Harris The Honorable Timothy Sercombe Helen Hierschbiel Yvonne Ana Tamayo The materials and forms in this manual are published by the Oregon State Bar exclusively for the use of attorneys. Neither the Oregon State Bar nor the contributors make either express or implied warranties in regard to the use of the materials and/or forms. Each attorney must depend on his or her own knowledge of the law and expertise in the use or modification of these materials. Copyright © 2017 OREGON STATE BAR 16037 SW Upper Boones Ferry Road P.O. Box 231935 Tigard, OR 97281-1935 Professionalism in Times of Disruption ii TABLE OF CONTENTS Schedule . v Faculty . vii 1. Balancing Law, Politics, and Policy in a Time of Disruption: “The New Abnormal” . 1–i — Attorney General Ellen Rosenblum, Oregon Department of Justice, Salem, Oregon 2. Racial Profiling and Injustice in Times of National Security: The Critical Role of Lawyers and Professionalism—Presentation Slides . 2–i — Peggy Nagae, Peggy Nagae Consulting, Portland, Oregon 3. Marley and the Judge: Professionalism in the Age of Disruption—Presentation Slides . 3–i — Professor Steve Johansen, Lewis & Clark Law School, Portland, Oregon 4. Reflecting on and Responding to the Changing Landscape. 4–i — Moderator: Daniel Santos, Willamette University College of Law, Salem, Oregon — Jennifer Espinola, Dean of Students, University of Oregon School of Law, Eugene, Oregon — Julia Hagan, Gevurtz Menashe Larson & Howe PC, Portland, Oregon — Thomas Tongue, Dunn Carney Allen Higgins & Tongue LLP, Portland, Oregon Professionalism in Times of Disruption iii Professionalism in Times of Disruption iv SCHEDULE 8:30 Registration 9:00 Program Overview Sandra Hansberger, Chair, Professionalism Commission 9:05 Balancing Law, Politics, and Policy in a Time of Disruption: “The New Abnormal” F Professionalism in the face of insults to the justice system F The new world of “progressive federalism” Attorney General Ellen Rosenblum, Oregon Department of Justice, Salem 9:35 Racial Profiling and Injustice in Times of “National Security” F Japanese-American incarceration today: the critical role of attorneys and judges to defend the constitution F Lessons we have not learned yet Peggy Nagae, Peggy Nagae Consulting, Portland 10:30 Break 10:40 Marley and the Judge: The Coarsening of Our Communications F Tracing changes in our written communications F How what we say affects what we do Professor Steve Johansen, Lewis & Clark Law School, Portland 11:15 Reflecting on and Responding to the Changing Landscape F Reflections on disruption F Approaches to communication F A pathway moving forward Moderator: Daniel Santos, Willamette University College of Law, Salem Jennifer Espinola, Dean of Students, University of Oregon School of Law, Eugene Julia Hagan, Gevurtz Menashe Larson & Howe PC, Portland Thomas Tongue, Dunn Carney Allen Higgins & Tongue LLP, Portland 12:15 Adjourn Professionalism in Times of Disruption v Professionalism in Times of Disruption vi FACULTY Jennifer Espinola, Dean of Students, University of Oregon School of Law, Eugene. Dean Espinola has served as Dean of Students at the University of Oregon since 2013. She has been a higher education professional for 20 years, with work in leadership development and student affairs. Dean Espinola serves on the Oregon State Bar Professionalism Commission and the National Association of Law Student Affairs Professionals Professional Development Committee. Sandra Hansberger, Attorney at Law, Portland. Ms. Hansberger is past chair of the Oregon Bench Bar Commission on Professionalism and current chair of the Commission’s CLE Committee. She served as the Executive Director of the Campaign for Equal Justice for more than a decade, and she was a Clinical Law Professor at Lewis and Clark Law School for nearly 20 years, teaching practical lawyering skills and supervising students in representing low-income Oregonians in employment matters. She is a recipient of the Oregon State Bar Award of Merit, the Multnomah Bar Association Professionalism Award, and the Oregon Women Lawyers Justice Betty Roberts Award. Julia Hagan, Gevurtz Menashe Larson & Howe PC, Portland. Ms. Hagan focuses her practice on family law. She volunteers as a court-appointed attorney for children in family law disputes (Multnomah County) and has been active with Oregon Women Lawyers and the Multnomah Bar Association. Ms. Hagan is the recipient of the 2017 Justice Edwin Peterson Professionalism Award by the Oregon Bench Bar Professionalism Commission and the 2012 Leadership Award from the Oregon State Bar Juvenile Law Section. Peggy Nagae, Peggy Nagae Consulting, Portland. Ms. Nagae has extensive expertise in the fields of organizational change, communication, leadership and team coaching, mediation, cultural competence, team building, workforce diversity, strategic planning, and potentiating the human spirit at work. Her clients include corporations, governmental bodies, nonprofit organizations, law firms, and judicial associations throughout the United States. Ms. Nagae is past president and the National Asian Pacific American Bar Association Diversity Task Force, past vice chair of the American Bar Association Commission on Racial and Ethnic Diversity in the Profession, and past president of the Asian Bar of Washington. She has practiced law as a criminal and civil trial attorney, worked as director of associates at a Seattle litigation firm, served as Assistant Dean for Academic Affairs at the University of Oregon School of Law and as Affirmative Action Director at Northwestern School of Law, and has been an adjunct professor in dispute resolution at the University of Puget Sound School of Law (now Seattle University). Ms. Nagae holds certificates from the Institute for Educational Management at Harvard University, the Covey Leadership Center, and several dispute resolution centers. She received the 2017 Spirit of Excellence Award from the ABA Commission on Racial and Ethnic Diversity in the Profession. Professor Steve Johansen, Lewis & Clark Law School, Portland. Professor Johansen teaches Legal Analysis and Writing, Regulation and Ethics of Lawyers, and an Advanced Legal Writing Seminar. He serves on the Oregon Bench/Bar Commission on Professionalism, is is past president of the Legal Writing Institute, and is past chair of the American Association of Law Schools Section on Legal Writing, Research, and Reasoning. Professor Johansen has published articles on the politics of legal writing, interpreting Oregon statutes, and most recently on the ethical limits of storytelling in the law. He is a frequent participant in international legal skills training. Professor Johansen is the recipient of the 2009 Association of Legal Writing Directors Thomas F. Blackwell Award. Professionalism in Times of Disruption vii FACULTY (Continued) Attorney General Ellen Rosenblum, Oregon Department of Justice, Salem. A former federal prosecutor and state trial and appellate judge, Attorney General Rosenblum was first elected to a four-year term as Oregon’s 17th Attorney General in November 2012 and was reelected to a second term November 8, 2016. She is the first woman to serve as Oregon Attorney General. Her priorities include consumer protection and civil rights—advocating for and protecting Oregon’s children, seniors, immigrants and crime victims and those saddled with education-related debt. She is committed to assisting district attorneys and local law enforcement in prosecuting elder abuse and complex crimes and has made crimes against children as well as consumer internet privacy high priorities. Attorney General Rosenblum has been active in local and national organizations of lawyers, judges, and attorneys general. She has served on the National Association of Attorneys General Executive Committee, is the immediate past chair of the Conference of Western Attorneys General, is past secretary of the American Bar Association, and chairs the ABA Section of State & Local Government Law. Daniel Santos, Willamette University College of Law, Salem. Mr. Santos recently was Associate Dean for Student Affairs and Administration at Willamette University College of Law. Before that, he served four Oregon governors as senior policy advisor, legal counsel,