MAY 2020 Going It Alone Despite Challenges, Solos Find Freedom, Flexibility and Personal Fulfillment OREGON STATE BAR BULLETIN MAY 2020 VOLUME 80 • NUMBER 7 Nik Yanchar is one of the growing number of Oregon lawyers who have opted to open solo practices, many after abandoning the security of a larger firm. The challenges of going it alone can be daunting, Yanchar and others told writer Susan G. Hauser for the story that begins on Page 18, but the rewards often include freedom, flexibility and personal fulfillment. Photo courtesyPhoto Yanchar of Nik FEATURES 18 Going It Alone Despite Challenges, Solo Practitioners Find Freedom, Flexibility and Personal Fulfillment By Susan G. Hauser 28 An Uncertain Job Market Will the COVID-19 Pandemic Impact Traditional Paths to Employment for the Class of 2020? By Cliff Collins 34 Adapting to a ‘New Normal’ Legal Community Faces Pandemic-Related Changes and Restrictions By Melody Finnemore COLUMNS 5 From the Editor 38 President’s Message ‘We Are In Uncharted Reflecting on Challenges: Territory’ Times of Crisis Create By Gary M. Stein Opportunities to Rebuild By Liani JH Reeves 11 Bar Counsel Anatomy of a Disciplinary 40 Profiles in the Law Trial: What Happens When Healing Wounds: Judge Lawyers Face a Formal Jackie Kamins’ Past Grief Complaint? Informs Her Work at By Mark A. Turner the Dougy Center 15 The Legal Writer By Kate Taylor Want to Be a Better 62 Parting Thoughts Writer? Read! Enjoying Mindfulness in Litigation Others’ Work Can Improve By Richard G. Spier Your Own The Oregon State Bar Bulletin (ISSN 0030-4816) By Rebekah Hanley is the official publication of the Oregon State Bar. The Bulletin is published 10 times a year (monthly except bimonthly in February/March and August/ September) by the Oregon State Bar, 16037 S.W. DEPARTMENTS Upper Boones Ferry Road, Tigard, OR 97224. The Bulletin is mailed to all members of the Oregon State 7 Letters 52 Bar People Bar, a portion of the dues for which is allocated 9 Briefs Moves for the purpose of a subscription. TheBulletin is Among Ourselves 43 OSB Education & Research also available by subscription to others for $50 per In Memoriam year, $90 per two years, within the United States. 44 Bar News Lawyer Announcements Individual copies are $5; back issues are $5 each, 46 Bar Actions 56 Classifieds when available. Periodicals postage paid at Portland, Discipline Oregon 97208. POSTMASTER: Send address 60 Attorneys’ Marketplace changes to Oregon State Bar, P.O. Box 231935, Tigard, OR 97281-1935. FROM THE EDITOR ‘We Are In Uncharted Territory’ By Gary M. Stein be closed around the world,” Grover told lawyers should be able to continue to work me in the pandemic’s early days. “That will with their clients. That was certainly the have a snowball effect on people trying to hope of attorney Judy Parker, who told me legally immigrate to the United States.” in late March that “my industry — the alco- Another of Grover’s clients wanted to hol industry — has fallen upon its knees.” visit his wife in Saudi Arabia while her green “I spent the first weekend — the one card application was pending, but travelers directly before the governor closed pub- were blocked from entering that country in lic tasting rooms and restaurants and bars late March. — talking to panicked clients about how “On a human level, I feel so sorry for to fire all of their staff. It broke my heart,” these wonderful young couples, who were Parker says. “The following week was a blur looking forward to starting their lives to- of talking down anxious clients and reassur- gether,” Grover says. “Young love will just ing them. I spent many hours texting clients have to wait!” on how to legally make same-day deliver- ies and offering suggestions on ways to in- Indeed, much of life as we knew it will crease capital.” have to wait as the world — and the legal profession — grapples with the coronavi- And now? rus/COVID-19 pandemic. (See “Adapting “I have no idea what day it is. I’m in a to a ‘New Normal,’” Page 34.) In Oregon, daze,” Parker says. “My husband is an es- Bulletin File Photo Gary M. Stein Gov. Kate Brown issued a mandatory “stay sential services worker, so he leaves the at home” order in late March, restricting all house every day. I know it’s the end of the but essential travel and closing businesses day when he comes home.” here is optimism. There is uncer- where people cannot consistently keep Aurora Levinson, whose firm handles tainty. And there is the story of one their distance from one another. workers compensation cases from the em- young woman whose final immi- T The state’s judicial system has not been ployer side in Oregon and Washington, has gration interview was scheduled at the U.S. immune. Chief Justice Martha Walters also been especially busy. She and her col- Embassy in Casablanca on April 2. bracketed Brown’s order with a series of leagues at Wallace Klor Mann Capener & The woman — the fiancé of one of Port- restrictions on court proceedings and oper- Bishop have several hospitals and delivery land attorney Diane Grover’s clients — had ations, which she asked the OSB to distrib- companies as clients — “so you can imagine tried in mid-March to arrange for her re- ute to members and collect their feedback this is really the front lines,” she says. quired medical exam before the interview. for her review. Among members’ concerns: Among Levinson’s first projects: draft- But none of the doctors she reached in Mo- the duration of court closures, with some ing policy documents on how employ- rocco were able to help, she discovered, arguing for a 180-day continuance of civil ers should proceed if and when an em- because they were all working full-time on cases; requirements for attorneys to appear ployee files an injury claim for contracting that nation’s response to the growing coro- physically in court when matters could be COVID-19. Like Parker and legal practitio- navirus pandemic. held by phone or videoconference; the lack ners across the region — including employ- As it turns out, that didn’t matter. Be- of online options for pro se litigants who are ees of the Oregon State Bar — she’s now cause a few days later, the woman’s inter- often forced to go to court to review their completing the rest of her work at home. view was canceled. case records; and more. “Working remotely has been a new “I do not know when her interview Several lawyers also asked for clarifi- experience for most people at my firm,” will be rescheduled, but I suspect it will be cation of the status of legal services under Levinson notes. “There was a scramble to at least a couple of months. I also suspect Brown’s order, arguing that at least some make sure everyone would be able to keep that all U.S. embassies and consulates will of those services are “essential” and that working, which I think is really admirable. 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 ads and lawyer announcement ad rates and details, [email protected] (ext. 356), fax: (503) 684-1366. Display advertising: Contact LLM Publications at (503) 445-2240, [email protected]. MAY 2020 • OREGON STATE BAR BULLETIN 5 Everyone has pitched in, been patient and care,” she says. “It’s actually been a lot of stayed mostly calm.” fun to be with everyone — I hadn’t had the Several firms opted to maintain some chance to spend this much time with my semblance of normalcy in the early days of kids and family in years. the pandemic, even if that meant coming “But it’s not all rosy,” Levinson admits. up with new workplace rules. In Vale, for “We’re constantly worried about the future, example, sole proprietor Carol Skerjanec when schools will open again, whether our met with the other attorneys who share of- friends will be able to reopen their busi- fice space with her; they agreed that clients nesses …” and perspective clients must be interviewed In a letter to bar employees in late by telephone before getting an in-office ap- March, CEO Helen Hierschbiel addressed pointment to determine whether work can that uncertainty by noting that “we are in be done with telephone and internet com- uncharted territory.” munication only. In-person meetings now “But while the events that led us here are scheduled just one day per week, on are unsettling (at best), every day we work Thursdays. in this new environment — taking care of “One attorney has a criminal defense ourselves, our families and the communi- practice. If he is required to see clients ties we serve — we build our own resilience other than Thursdays, he will see them af- and we strengthen our community,” Hier- ter 5 p.m., when everyone else is gone,” schbiel wrote. “Please reach out to your Skerjanec says. “Clients are not allowed to colleagues to maintain the day-to-day con- bring other persons with them as support, nections that we all enjoy. Stay healthy in and each attorney is responsible for wiping body and spirit. Be kind to one another.” n down any surface area where there was ex- posure to their clients.