October 2011 Lawyers associated for justice, service, professionalism, Multnomah education and leadership for our members and our community October 2011 Volume 57, Number 9 Est. 1906 Lawyer been following the proposed changes in the supplemental local rules, Up and you know that the court is encouraging input on how cases should be managed to promote both efficiency and justice. mba CLE This year the chair of the Court Liaison Committee is Eric Dahlin To register for a CLE, please see Running of the Davis Wright firm. Keith Garza is the MBA Board liaison to the inserts in this issue or go to that committee. If you have questions about our court system or www.mbabar.org. by Steve Blackhurst suggestions on how to improve its operations, I urge you to contact MBA President Eric, Keith or any of the other members of this year’s committee. OCTOBER I also want to draw your attention to an important event coming Fall is my favorite time of the up on November 4 - the Convocation on Equality. The convocation 10.25 Tuesday year. Our weather is usually good is designed to provide specific information on how to support and Financial Statement Review in September and October and participate in efforts to promote diversity in the profession. As and Accounting Issues the vegetables and fruits at the Chief Justice De Muniz has said, it is important to have lawyers with Sang Ahn farmers’ markets are at their peak. richly divergent backgrounds and experiences who can improve Peter Kwong We also have football to distract the communities in which they live and work. The convocation will us from the political paralysis in Washington D.C. As I write this, provide tools aimed at increasing diversity in the workplace for firms, 10.27 Thursday both the Ducks and Beavers lost their opening games. Nonetheless, I businesses and agencies that hire lawyers. Enforcing Oregon’s Trust Deed am more interested in their respective seasons than I was in hearing After the convocation, two MBA committees will be pursuing the Act: Nonjudicial Foreclosure this summer’s non-stop chatter about the debt ceiling crisis. And if ideas and strategies discussed at the convocation. Our Membership from the Lender’s Perspective football is not to your liking, what better time is there to hike and Committee is charged with developing ideas to promote greater Pilar French camp in Oregon than in the fall. diversity among our membership. This year our chair of that Cody Hoesly I also like fall because it is a time of new beginnings - more so for committee is Cody Elliott and Sheila Potter is the board liaison. Both me at least than the beginning of January. When I was a kid I would would welcome your ideas on this subject. have a new teacher in September, a few new school clothes, a new We also want the MBA Equality Committee to recommend NOVEMBER “I also like fall coach and perhaps a new lunch box. strategies to the MBA Board for how to increase diversity in all 11.1 Tuesday because it is a time of It was my time to try something new, aspects of our organization as well as in the legal profession. Everyone Clark County Presiding whether it was trying to play middle new beginnings....” knows that today’s job market for new lawyers is very difficult - this Court Update linebacker (my coach said I was “small makes it even more important to remind ourselves of the priority Judge Richard Melnick but slow”), or trying to play the trumpet. As you might imagine, I was we have set on pursuing diversity. Heather Decker is the chair of the Don Jacobs never very good at either, but look back on each as worth the effort. Equality Committee and Dana Sullivan is the MBA Board liaison. If Well, maybe not practicing the trumpet. you have ideas on how we can improve our efforts to achieve greater 11.9 Wednesday diversity, please let them know. Mergers & Acquisitions: MBA Planning is Taking Off I was not able to attend the first Convocation on Equality that was Latest and Greatest Hits The same is true now at the MBA. Our committees are up and held 10 years ago. But I remember speaking with George Joseph, the Jeff Cronn running, planning new programs and coming up with new ideas Chief Judge of the Court of Appeals, about that convocation and the Sam Orme for responding to the challenges facing our profession. We strive need for promoting diversity. George Joseph is no longer with us, Jon Summers for diversity on our committees. This means that if you are on one but I know he would be supportive of the bar’s continued efforts to of these committees, you should have an opportunity to meet and increase diversity in the legal profession. If you care about this issue, 11.10 Thursday interact with lawyers with practices dissimilar to yours. That is one of I encourage you to attend this year’s convocation and lend your voice Basic E-Discovery Issues the benefits of not just belonging to the MBA, but in being active in to this important effort. and Beyond the organization. It also is a way to encourage fresh, creative thinking Elleanor Chin about how best to solve problems. Blerina Kotori Many years before I joined the MBA Board, I was a member of the Court Liaison Committee. I thought that our circuit court should 11.30 Wednesday assign a judge to a case when it was filed, the way it was done in federal Child Abuse Reporting mba EVENT court. If you were litigating anything other than a routine civil case, Amber Hollister I disliked the fact that the trial judge knew nothing about the issues in the case until the day before trial. I also thought that the system MBA Absolutely Social made some judges view cases as widgets on an assembly line, valuing DECEMBER production more than the quality of justice the system produced. The Grape Escape 12.7 Wednesday By serving on the Court Liaison Committee I learned how featuring Wine Tasting 2011 Ethics Update complex our court system is and what a small portion of the docket Mary Cooper was made up of the kinds of civil cases on which I worked. I also October 27, 5-7 p.m. Stacy Hankin learned that the presiding judge and court administrator were facing budgetary and other pressures about which I knew nothing. 12.13 Tuesday Nonetheless, both were very interested in practical suggestions for The University Club Ethics: Attorney’s Duties improving the court’s procedures. The same is true today. If you have to Third Parties Drop in after work and catch up with friends Mark Fucile and colleagues. Helen Hierschbiel See insert for details and to RSVP. MULTNOMAH BAR ASSOCIATION In This Issue PRSRT STD 620 SW FIFTH AVE., SUITE 1220 U.S. POSTAGE Calendar........................................... 3 PORTLAND, OREGON 97204 Thank you, Sponsors! Announcements ............................... 4 PAID Ethics Focus ..................................... 4 PORTLAND, OR Convocation on Equality ................... 5 Ater Wynne • Barran Liebman • The Corner Office .............................. 6 PERMIT NO. 00082 Buchanan Angeli Altschul & Sullivan • Mentor Program ............................... 6 Bullard Law • Cosgrave Vergeer Kester Around the Bar ................................. 7 • Farleigh Wada Witt •Gevurtz Menashe Tips from the Bench ......................... 8 News from the Courthouse................ 8 Larson & Howe • Greene & Markley Legal Aid .......................................... 8 •Klarquist Sparkman • Markowitz, The 3 “Rs” (Part II) ............................ 9 Herbold, Glade & Mehlhaf • The Naegeli OGALLA............................................ 9 Reporting Corporation • Nationwide Classifieds ......................................14 Multnomah Bar Foundation .............16 Process Service • Pacific Continental YLS ............................................Insert Bank • Schwabe Williamson & Wyatt • Smith Freed & Eberhard • Tonkon Torp • Multnomah Bar Association Tsongas Litigation Consulting • Umpqua 620 SW 5th Ave Suite 1220 Private Bank Portland, Oregon 97204 503.222.3275 Fax 503.243.1881 www.mbabar.org 1 Multnomah Lawyer MBA Board of Directors President Steven K. Blackhurst CHAMBERLAIN Secretary Mediation Arbitration Bonnie Richardson Treasurer ♦ a proven problem solver Julia M. Hagan Past President ♦ trial & appellate experience Sarah J. Crooks Directors ♦ competitive rates Nicholas A. Kampars ♦ available statewide YLS President Keith M. Garza ♦ [email protected] Susan D. Marmaduke Creative Approaches to Complex Problems ♦ Carol J. Bernick 503.380.5730 Mediated over 1,500 cases, Top 25 Oregon Women Lawyers, Gregory T. Moawad Oregon Super Lawyers© and Best Lawyers in America© Martha J. Hodgkinson Samuel C. Kauffman 503-222-5949 | www.Susan-Hammer.com Sheila H. Potter Knoll & Rhodes Mediation Richard J. Vangelisti Cedric R. Brown Wilson Dispute Resolu�on Helen M. Hierschbiel An Environment Wilson Dispute Resolution Media�on and Arbitra�on Christopher J. Kayser Suited To Mediation and Arbitration Dana L. Sullivan Settlement. (503) 972-5090 (503) 972-5090 Executive Director [email protected] [email protected] Judy A.C. Edwards Mediation & Arbitration Resume at www.wilsonadr.com Associate Executive Director Resume at www.wilsonadr.com • O.M. (Met) Wilson Guy Walden Experience O.M. (Met) Wilson • Integrity Director, Events and Programs Kathy Modie • Solutions #1 - Font: Calibri #2 - Font: Book Antiqua Executive Assistant and Communications James L.Knoll, P.C. Administrator ATTORNEY AT LAW Carol Hawkins [email protected] Office and Membership Ronald E. Rhodes, P.C. Administrator A TTORNEY AT LAW [email protected] Ryan Mosier Wilson Dispute Resolution Wilson Dispute Resolution Office and Foundation Mediation and Arbitration Mediation and Arbitration Administrator 503.222.9000 • 1500 SW Taylor St. • Portland, OR 97205 [email protected] Fax: 503-210-7688 Pamela Hubbs P.O. Box 13365, Portland, OR 97213 (503) 972-5090 (503) 972-5090 MBF Board of Directors [email protected] [email protected] President Criminal Appeals Peter H. 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