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MBACLE san francisco car accident attorney

VIEWS: 56 PAGES: 16

									 MuLTNoMAH LAwYER
        Lawyers associated for justice, service, professionalism, education and leadership for our members and our community. May 2005 Volume 51, Number 5



                               The Rule of Law Differentiates Us                                                                            MBACLE
                                                                                                                                         To register for a CLE, please see the inserts
                               By Sylvia Stevens, MBA President.
                                                                                                                                         in this issue or go to www.mbabar.org.


                                                                                                                                         May
                               If anything good comes from the        years of world struggle and millions of human lives. I do not      Mondays, May 2 and 9
                                                                                                                                         YLS Commercial Litigation CLE
                               public spectacle that surrounded       mean to compare the politics of the right with Nazis; I wish
                                                                                                                                         Series
                               Terri Schiavo’s death in March,        only to encourage action rather than complacence. And by
                               it will be an increased public         action, I mean using our words to counter the campaign of          Wednesday, May 18
                               understanding of the proper role       misinformation that threatens our judicial system.                 Winning with Discovery in the
of the judiciary in our legal system. In the short run, however,                                                                         Digital Age
I am not optimistic.                                                  If you would like to read more about this topic (and from people      Hon. Marilyn Litzenberger
                                                                      far more eloquent than I), check out the following websites:          Hon. Dennis Hubel
                                                                                                                                            Jeff Love
It is disappointing, if not frightening, that so many highly-         www.stopactivistjudges.org and www.justiceatstake.org.
                                                                                                                                            Kristin Cleveland
placed (and ostensibly intelligent) people made outrageous                                                                                  Mary Mack
statements castigating the courts and judges who defied the
wishes of Terri’s parents. It is even worse that the media made                                                                          Thursday, May 19
so little effort to provide helpful and accurate explanations                                                                            Drafting and Interpreting the
of the truth behind those judicial decisions, leaving viewers                                                                            Construction Contract – How to
with only the piteous sound bites of anguished family and the
ranting of the zealots who had co-opted a family tragedy to
                                                                              Annual Meeting                                             Avoid the Train Wreck
                                                                                                                                            Guy Randles
                                                                                                                                            James Hillas
advance their own agendas.                                                        of the                                                 Tuesday, May 24
e vast majority of Americans clearly disapproved of
Congress’ intervention, seeing it for the political maneuvering
                                                                               Membership &                                              ERISA Litigation: What Every
                                                                                                                                         Insurance Litigator Should Know
it was, but there was also clearly more tolerance among the
citizenry for those same Congressional leaders’ blaming the
                                                                             Judges Reception                                               Judge Janice Stewart
                                                                                                                                            Andrew Altschul
                                                                                                                                            Megan Glor
judiciary for their inability to “save” Ms. Schiavo. e blind
                                                                                        Wednesday, May 18                                   Sim Rapoport
acceptance of such rhetoric can only aid the cause of those
who wish to dismantle the independence and legitimacy of                           Portland Marriott Downtown                            June
our legal system and twist it to their own partisan ends.                            1401 SW Naito Parkway
                                                                                                                                         Thursday, June 16
I have in many of my columns spoken to you about the MBA’s                                                                               LexisNexis: Time Matters
Public Outreach program and the various ways that each of us
                                                                                      Judges Reception 5 p.m.                            Discovery
can participate, formally and informally, in educating the public                        Dinner 6:30 p.m.                                  Julie Rotz
about the rule of law and the importance of an independent                                                                               Tuesday, June 21
judiciary. e importance of our task increases exponentially                      Celebration of the profession &                        Family Law Mediation
when we have members of Congress and a variety of media                            recognition of our colleagues                           Ingrid Slezak
pundits suggesting that judges are “out of control,” “usurping                                                                             Eric Larson
the role of Congress,” and “need to be intimidated.” Last week              2004-2005 MBA President                                      Thursday, June 23
Senator DeLay, Alabama Chief Justice Roy Moore and others                                                                                Charitable Giving
“experts on judicial tyranny” met in Washington DC at a                       Sylvia E. Stevens
                                                                                                                                           Penny Serrurier
“Conference on the Judicial War on Faith.”                                  2004-2005 MBA YLS President                                    Melissa Berndt
                                                                              W. Todd Cleek                                                Al Zimmerman
is is not just a feel-good project for Law Day and speeches
to your neighborhood garden club. If the right-wing is going                Professionalism Award Recipient                              Wednesday, June 29
                                                                                                                                         Ticket Tactics: Traffic Court
to wage war on the judiciary, then we lawyers need to take                    Walter H. Grebe                                               Ref. Steve Todd
up our armor and join the battle. We need to remind those                                                                                   Ben Johnston
who suggest that federal judges might deserve to get shot by                MBA Award of Merit Recipients                                   Officer Michael Villanti
frustrated litigants that the rule of law is what differentiates us
from societies that resolve disputes with guns and fists.                    The Honorable Ellen F. Rosenblum
                                                                             Michael A. Greene
                                                                             Theresa L. Wright
Some of you will say I am overreacting to a situation that
will eventually resolve itself; that the pendulum will sooner                                                                            In This Issue
or later swing the other way. I am sure that is true. But                   MBA YLS Award of Merit Recipients                            New on the Shelf...................... p. 3
much the same was said about Nazi Germany in the 1930’s                                                                                  Announcements....................... p. 4
and the cost of waiting for the return of reason was paid in
                                                                             Marc E. Jolin                                               Ethics Focus.............................. p. 4
                                                                             Sherilyn Holcombe Waxler                                    Committee Sign-Ups............... p. 5
                                                                                                                                         MBA 2005 Merit Award.......... p. 6
                                                                                                                                         YLS Award of Merit Recipients.... p. 6
                                                                            Pro Bono Award Recipients                                    Around the Bar......................... p. 7
MULTNOMAH BAR ASSOCIATION
                                                  PRSRT STD
                                                                              Tim McNeil                                                 Tips From the Bench.............. p. 8
                                                                                                                                         Profile – Judge Armstrong...... p. 9
620 SW FIFTH AVE., SUITE 1220                                                 Kelly A. Struhs                                            Professionalism Award............ p. 9
                                                U.S. POSTAGE                  Robert W. Wilkinson                                        YLS............................................. p. 10
PORTLAND, OREGON 97204                                                                                                                   2005 Pro Bono Awards............ p. 11
                                                     PAID                     Schwabe, Williamson & Wyatt, P.C.                          Classifieds.................................. p. 14
                                               PORTLAND, OR
                                                                            This event is an annual sell-out, so                         MULTNOMAH BAR
                                              PERMIT NO. 00082
                                                                            prompt RSVP is encouraged.                                   ASSOCIATION
                                                                                                                                         620 SW 5TH AVE SUITE 1220
                                                                            Invitations were mailed separately.                          PORTLAND, OREGON 97204
                                                                                                                                         503.222.3275
                                                                                                                                         FAX 503.243.1881
                                                                                                                                         WWW.MBABAR.ORG
                                                                             M u L T N o M A H                  L A W Y E R



  BOARD OF DIRECTORS


MBA Board of Directors
                                             Letter to the Editor                                                                                                       ���������������
President                                    Dear President Stevens:                 – communication with clients is          (I use 98% but I feel the number
                                                                                                                                                                         ��������������������
Sylvia E. Stevens                                                                    essential. Example: We oen do           is somewhat less if effective
                                             You are keenly aware that               a lousy job of returning phone           communication is thrown into               Experienced, effective
President-Elect
Kelly T. Hagan                               I admire you for your legal             calls, emails and keeping the            the mix.) Sarbanes-Oxley and                full-time neutral 
                                             knowledge and integrity, but I          client informed on his/her/their         the recent past recession was a
Secretary                                    must take exception with some of        case/transaction.                        result of the failure of the legal         Active Private Judge Pro-Tem
Agnes Sowle                                  your comments in your column                                                     and accounting professions                         For 14 Years
Treasurer                                    “Polishing our Image.”                  Stow the poor imagery due to             and executive professionals to
Peter H. Glade                                                                       motion pictures, etc. Enron and          adequately and honestly conduct            American Arbitration Assoc.
                                             Briefly stated, your statement          similar real cases have emphasized       their business activities.                Arbitration Service of Portland
Past President                               “individual lawyers can play            the image of money-grubbing                                                         NASD Mediator/Arbitrator
Robert J. Neuberger                                                                                                                                                        Court-Mandated Cases
                                             a vital role in this public             lawyers who just want to do a deal       e buck begins and stops with us
                                                                                                                                                                               PMAR Mediator
Directors                                    outreach as well” begs the              and make the big bucks.                  – each one of us. Let’s call a shovel a
                                                                                                                                                                        State Agency Mediator Roster
                                             point. “Individual lawyers                                                       shovel; recognize our contribution
W. Todd Cleek                                                                                                                                                              ADA Mediation Roster
YLS President
                                             MUST play a vital role.” It’s           As I tell my clients, friends and        to a poor public image and work               Better Business Bureau
                                             neither government’s job nor a          adversaries alike, 98% of all lawyers,   to strengthen the profession by our            Direct Engagements
Lori E. Deveny                               professional organization’s job to      are diligent, hard-working, caring       individual efforts.
ABA Delegate                                 do individual lawyers’ work.            and concerned attorneys who
Jeffrey S. Matthews                                                                  have both strong moral fiber and         Bernie Levy, Attorney at Law                Phone: (503) 227-7357
                                             It’s our own job, each one              working moral compasses.
Kathryn L. Villa-Smith
                                                                                                                                                                           Fax: (503) 697-9567
                                             of us. Better – and effective
                                                                                                                                                                         Email: ltcoady@aol.com
Simeon D. Rapoport
Helen T. Smith                                                                                                                   K. William Gibson
Diana I. Stuart
Michael H. Bloom                               � ������ � �������������
                                               �       ���������
                                               ������������������������������������������������������������������
                                                                                                                                 Arbitration/Mediation Statewide

Thomas W. Brown                                �
Nancie K. Potter
Executive Director
Judy A.C. Edwards                                  �����������������������������
Director, Member Services                          ������������������������������
Guy Walden
                                                   �����������������������
Director, Events and Programs
Kathy Maloney
Administrator, Member                              �����������������������������������������������                               When you need someone to get to your office fast
Services and Events
Noëlle Saint-Cyr                                                                                                                   …no matter where you are in the Northwest.
Administrator, Accounting and                                                                                                    Available for single arbitrator court cases or panels.
Office                                                                   ������������                                            Personal injury, insurance disputes, contract
Renee “Max” Maxwell
                                                                                                                                 disputes, employment and business disputes.
Executive Assistant                                 ���������������������������������������
Carol Hawkins                                                                                                                    Tel. 503-659-6187 Email bgibson@cnnw.net
THE MULTNOMAH LAWYER
is published 11 times per year by the                                              TIME OUT…                                                   ����������
Multnomah Bar Association,
620 SW Fifth Ave. Ste. 1220,
                                                                             TIME OUT!
                                                                         …when you take time away from
                                                                         trial preparation, you expect                                    ����������������������
Portland, OR 97204                                                       that it won’t be wasted.
503.222.3275                                                             ...When you take time
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An annual subscription is                                                away from trial preparation,
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included in member dues or
may be purchased for $20.                                                you expect that it
                                                                         Experienced in simple and wonʼt                                 ������������������������������������
                                                                         complex business, personal
Letters, award and news items,                                           be wasted.             cases.
                                                                         injury and employment����������������
and announcements are wel-                                    LAW OFFICE OF ALBERT J. BANNON                                                           � ����������������������
come. Articles by members are
accepted. All submissions may
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be edited for length, clarity and
style, are published on a space                               EXPERIENCED IN                                                                           � ��������������������������
                                                                                                                                                       � ����������������������
available basis, and at the editor’s
discretion. Views expressed in
                                                       simple & complex business,
articles represent the authors’                    personal injury & employment cases.                                                                 � ����������������������������������
                                                                                                                                                       � ���������������������������
opinion, not necessarily the


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                                                                                                                                                       � ��������������������������������
MBA’s. The publication does not                                                                                                  �������������������
purport to offer legal advice.                                                                                                                           �����������������������������
                                                                                                                                                       � ������������������������������
Advertising is accepted;
advertisers(ments) are not                                                                                                                             � ��������������������
necessarily endorsed by the MBA.
The editor reserves the right to
reject any advertisement.

DEADLINE for copy: The 10th of the                                                                                                  ����������������������������������������������
month*                                                                                                                                         ������������������������
DEADLINE for ads: The 12th of the                                                                                                            �������������������������
month*
*or the preceding Friday, if on a weekend.

NEWSLETTER STAFF CONTACTS
Display Advertisment:
   Renee “Max” Maxwell
Copy and Classified Advertisement:
   Carol Hawkins
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       www.mbabar.org
Copyright Multnomah Bar Association 2005
                                                                                                       2
                                                                                M A Y         2 0 0 5




NEW ON THE SHELF
By Jacque Jurkins, Multnomah County Law Librarian.
                                                                                                                 CALENDAR
                                                                                                                 For a longer version of the MBA calendar, please visit www.mbabar.org.


ELDER LAW, 2005 Supplement
edited by Mark M. Williams, Penny
                                      THE LAWYER’S GUIDE TO
                                      INCREASING REVENUE:
                                                                          employment, public services,
                                                                          public accommodations, housing,        May                                   25
                                                                                                                                                       Wednesday, MBA East County
L. Davis and Cynthia L.Barrett.       Unlocking the profit potential in   and education. Published by the                                              Social at Heidi’s
Published by the Oregon State Bar     your firm by Arthur G. Greene.      ABA Commission on Mental and           3                                     See Announcements for details.
Continuing Legal Education, 2005.     Published by the ABA Practice       Physical Disability Law, 2005.         Tuesday, MBA Board meeting
(*KF 476 O7O74)                       Management Section, 2005.           (KF 480 M65)                                                                 30
                                      (KF 300 G72)                                                               Tuesday, MBA CLE                      Monday, Memorial Day – MBA
REPRESENTING ELDER                                                        THE PRACTITIONER’S                     Current Developments in               closed.
                                                                                                                 Small Business Tax
                                                                                                                                                       June
ABUSE VICTIMS. Course                 EXCULPATORY EVIDENCE:               GUIDE TO DEFENSE OF EPL
                                                                                                                 See insert or register at
materials from the Oregon Law         e accused’s constitutional         CLAIMS by Ellis B. Murov.              www.mbabar.org.
Institute March 4, 2005 program       right to introduce favorable        Published by the ABA Tort Trial
in Portland, Oregon. (*KF 9324        evidence, 3d ed. by Norman          and Insurance Practice Sections,       5                                     10
O7O73)                                J. Imwinkelried and Norman          2005. (KF 1316 M87)                    Thursday, MBA CLE                     Friday, Multnomah Lawyer
                                      M. Garland. Published by                                                   Annual Probate and                    deadline
ESSENTIAL ISSUES AND                  LexisNexis, 2004. (KF 8935 I45e)    THE PORTABLE UCC, 4th                  Guardianship Update
UPDATES FOR THE OREGON                                                    ed. edited by Corinne Cooper.          See insert or register at             11
                                                                                                                 www.mbabar.org.                       Saturday, YLS Board retreat
BUSINESS LAWYER. Course               MUTUAL FUND                         Published by the ABA Section of
materials from the February 25,       REGULATION, 2d ed. edited           Business Law, 2005. (KF 912.5 P67)
                                                                                                                 9                                     14
2005 program sponsored by the         by Clifford E. Kirsch. Published                                                                                 Tuesday, MBA Golf Outing
                                                                                                                 Monday, YLS CLE – Commercial
Oregon Law Institute and the          by the Practising Law Institute,    REMEDIES IN A NUTSHELL                                                       at Riverside Country Club
                                                                                                                 Litigation Series ends
Lewis & Clark Business Law            2005. (KF 1078 M87)                 by William M. Tabb and Elaine W.       Register at www.mbabar.org.           See insert or register at
Institute in Portland, Oregon.                                            Shoben. Published by omson/                                                 www.mbabar.org.
(*KF 889 O7O73)                       ELECTRONIC EVIDENCE:                West, 2005. (KF 9010 T33)              10
                                      Law and practice by Paul R. Rice.                                          Tuesday, YLS Board meeting            16
MODEL WEB SITE: A                     Published by the ABA Section of     CHINA LAW DESKBOOK: A                                                        Thursday, MBA CLE – LexisNexis:
knowledge management                  Litigation, 2005. (KF 8935 R48)     legal guide for foreign-invested       Tuesday, Multnomah Lawyer             Time Matters Discovery
                                                                                                                 deadline                              See insert or register at
approach to e-business by Jason                                           enterprises, 2d ed. by James M.
                                                                                                                                                       www.mbabar.org.
I. Epstein and Bruce C. Doeg.         MONOGRAPH ON                        Zimmerman. Published by the
                                                                                                                 12
Published by the ABA Section of       STATE DISABILITY                    ABA Section of International
                                                                                                                 Thursday, MBA Golf Outing             17-18
Business Law, 2005. (KF 390.5         DISCRIMINATION LAWS,                Law, 2005. (KF 1978 C4 Z56)                                                  Friday-Saturday, MBA Board
                                                                                                                 at Heron Lakes
C6 E65)                               with 50-state charts on                                                                                          retreat
                                                                                                                 See insert to register.

                                                                                                                 18                                    21
                                                                                                                 Wednesday, MBA CLE                    Tuesday, MBA CLE
                                                                                                                 Winning with Discovery                Family Law Mediation
                                                                                                                 in the Digital Age                    See insert or register at
                                                                                                                 See insert or register at             www.mbabar.org.
                                                                                                                 www.mbabar.org.
                                                                                                                                                       23
                                                           ����� ��� ������� ��������� ��������                  Wednesday, MBA Annual                 Thursday, MBA CLE
                                                               ���� �� ��������� ����� ����                      Dinner and Judges Reception           Charitable Giving
                                                                       ��������� ������ �����                    at Downtown Marriott                  See insert or register at
                                                                        ����� ����� ��������                     Invitations were mailed separately.   www.mbabar.org.
            � � � �� � � �� � � �                                � � � � �� � � �
                                                             ����� ��������������������
                                               ���� �� �� ��� ��� ���� �������������������                       19                                    29
            ��������������������������������������������������������������������                                 Thursday, MBA CLE                     Wednesday, MBA CLE
                                                                                                                 Drafting and Interpreting             Ticket Tactics: Traffic Court
                                                                                                                     �
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                                                                                                                     �
                                                                                                                     �
                                                                                                                     �
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                                                                                                                 the Construction Contract             See insert or register at
                                                     �����                                                                                             www.mbabar.org.
                                                                                                                 See insert or register at
     �� ������� ��������                  ���� �� ������                  ��������� ������                       www.mbabar.org.
     ������ ������                        ������ �����                    ������� ��������
     ����� ����                           ������� ����                    ��� ��������                           24
     ������ � ������                      ���� ����� ������               ���� ����� �������                     Tuesday, MBA CLE – ERISA
     ���� ���� �����                      ������ �����                    ��� ���������                          Litigation: What Every Insurance
                                                                                                                     � � � � � � � �
                                                                                                                     � � � � � � � �




     ����� ������������                   ������ ���������                ������� ������                         Litigator Should Know
     ������� �������                      ������ ������                   ���� ���� ������                       See insert or register at
     ������ ����                          ����� �������                   ������� �����                          www.mbabar.org.
     ������� �����                        ����� ������                    ����� �������
     ����� ��������                       ������ ������                   ���� ������ ��� ���������
     ������� ��������                     ������ �����                    ���� ������� ������
                                          ������ �������

            ����� ������� ���� ������ ���������� ������ ��� ��������� ����������


                                                                             WILLIAM F. SCHULTE

                                                                                     Mediation
                                                                              Settlement Conferences
                                                                                  Reference Judge

                                                                             Bill Schulte is now focusing his
                                                                            practice on mediation, reference
                                                                           judging and conducting settlement
                                                                           conferences in family law matters.
                                                                             Bill has been an active litigator
                                                                                 since 1966. He has been
                                                                             recognized as one of the “Best
                                                                             Lawyers in America” since the
                                                                              first edition in 1983. Bill is a
                                                                                 member of the American
                                                                           Academy of Matrimonial Lawyers
                                                                           and a frequent contributor to legal
                                                                                    education programs.

                                                                             For scheduling or references:
                                                                                    (503) 223-4131
                                                                                 FAX: (503) 223-1346
                                                                              wschulte@schulte-law.com




                                                                                            3
                                                                      M u L T N o M A H              L A W Y E R




Ethics Focus
By Mark J. Fucile, Stoel Rives.                                                       ANNOUNCEMENTS
                                      Hazardous                               MBA East County Social
                                                                              e next social is Wednesday
                                                                                                                 Tracy M. Smith, CEO of Inhance,
                                                                                                                 Inc. Following the keynote
                                                                                                                                                     the Queen’s Bench luncheon
                                                                                                                                                     from 11:45 a.m. – 1 p.m. at
                                      Duty: Oregon                            May 25 at Heidi’s of Gresham       address, there will be two          Jax Restaurant. Cost is $12.
                                                                              (Alpine Rm), 5:30–7 p.m.           simultaneous breakout panels,       Queen’s Bench accepts cash
                                      Expands Breach                          1230 NE Cleveland, Gresham         one focusing on mentoring           or checks, and you may pay
                                                                              OR. Tickets are $10. Email         relationships while the other       at the door. Reservations
                                      of Fiduciary                            noelle@mbabar.org to register.     focuses on alternative dispute      are not required. Everyone
                                      Duty Claims by                          St. Andrew Legal Clinic
                                                                                                                 resolution. ese panels will
                                                                                                                 feature nine prominent women
                                                                                                                                                     is welcome. For more
                                                                                                                                                     information, please
                                      Nonclients                              anks Donors                       in the legal profession who         contact Shari R. Gregory
                                                                              A big “thank you” to St.           will share their views with         at 503.226.1057, ext. 14,
                                                                              Andrew Legal Clinic’s (SALC)       panel attendees. Closing out        sharig@oaap.org or Barbara
                                                                              2004 leadership donors, who        the conference will be Diane        Smythe, 503.595.5300,
                                                                              contributed $1,000 or more         Abraham, Professor at the           barbara.smythe@klarquist.com.

T    he Oregon Court of Appeals
recently expanded lawyer
                                      fiduciary duty. He argued that
                                      Schrock had a fiduciary duty
                                                                              last year. To see SALC’s 2004
                                                                              Leadership Donor List, please
                                                                              go to www.mbabar.org and
                                                                                                                 University of California-Berkley
                                                                                                                 (Boalt Hall) School of Law.
                                                                                                                 e cost is $85 for member
                                                                                                                                                     Multnomah County Family
                                                                                                                                                     Law Group
liability to nonclients for breach    to wind-up the joint venture as         click on News, and/or the “our     registration, $40 for those         is law group has been
of fiduciary duty. Reynolds v.        contemplated by the settlement          thanks”’ section of SALC’s Web     earning under $40,000 per year,     formed and is open to all
Schrock, 197 Or App 564, 107          agreement and that her failure          site, www.salcgroup.org. SALC      and $100 for non-members.           family law professionals,
P3d 52 (2005), is worth reading       to do so – notwithstanding              is a nonprofit organization that   There is a late registration fee    lawyers and nonlawyers. ey
carefully if your practice involves   the apparent loop-hole in the           provides legal services to low     if registration is received after   meet monthly, noon - 1:30
advising partnerships, joint          settlement agreement allowing           income people with family law      May 6. Lunch is included.           pm at Jake’s Grill for lunch,
ventures, corporate boards or         the sale of recreational property       needs. To donate or volunteer,     MCLE credit: 3.0 Elimination        networking and discussion,
others on their fiduciary duties.     – constituted a breach of               please call 503.281.1500 ext.24.   of Bias credits pending. Visit      featuring a speaker. e first
Reynolds holds that a lawyer          that duty. Reynolds also sued                                              www.oregonwomenlawyers.com          two meetings are:
can be liable to a nonclient by       Schrock’s lawyer. Reynolds did          OWLS Conference                    for more information.               Tuesday, May 3 with the Hon.
providing a client with legal         not contend that Schrock’s lawyer       Oregon Women Lawyers’                                                  Elizabeth Welch and Tuesday,
advice that the client then uses      had an independent fiduciary            spring conference is May           Queens Bench Luncheon               June 14, with the Hon. Jack
to breach a fiduciary duty to the     duty to him. Rather, he argued          13. e theme is “Women             On Tuesday, May 10, award-          Landau. Reservations are
nonclient. In essence, Reynolds       that the lawyer was jointly liable      as Leaders: e Power               winning social worker Ruth          required. Contact David Bean,
finds the lawyer jointly liable       with Schrock for the breach             of Communication and               Taylor will discuss her work        dib@meyerwyse.com, for
with the client for the breach of     of Schrock’s fiduciary duty to          Emotional Intelligence”            with the child-abuse prevention     further information.
fiduciary duty.                       Reynolds by providing the advice        featuring keynote speaker          program Parents Anonymous at
                                      upon which Schrock acted.
Reynolds is painted against the       Schrock settled with Reynolds.
backdrop of a real estate joint       Her lawyer moved for summary
venture. Reynolds and Schrock         judgment, which the trial court       by an associated contract: “[I]f
purchased two parcels - one           granted. e Court of Appeals,         the attorney knows that the
was commercial timber and the         however, reversed and held that a     fiduciary relationship imposes
other was recreational. ey had       lawyer can be liable to a nonclient   a higher standard of conduct
a falling-out and later entered       when the lawyer’s advice assists in   than the agreement, then the
into a settlement agreement           the client’s breach of a fiduciary    attorney who advises the client
to wind-up the joint venture.         duty to the nonclient.                that he or she may do an act that
Under the settlement, Reynolds                                              the contract permits but that is
conveyed his interest in the          In doing so, the Court of Appeals     incompatible with the fiduciary
recreational parcel to Schrock        relied primarily on two other         relationship may be liable for the
and, in return, Reynolds was to       comparatively recent breach of        breach of fiduciary duty.” 197 Or
receive all proceeds from the         fiduciary duty cases involving        App at 577. Reynolds has serious
sale of the timber. Reynolds had      lawyers: Granewich v. Harding,        implications indeed for lawyers
invested $500,000 in the joint        329 Or 47, 985 P2d 788 (1999),        advising partnerships, corporate
venture by that point. To make        and Roberts v. Fearey, 162 Or         boards or other fiduciaries.
Reynolds whole, the settlement        App 546, 986 P2d 690 (1999). In
provided that if the timber sale      Granewich, the Supreme Court
did not net him at least $500,000,    held that a law firm that advised
Schrock would pay Reynolds any        the majority directors of a closely
deficiency and Reynolds would         held corporation in “squeezing
have a lien on the recreational       out” a minority director could
parcel to secure the deficiency.      be held liable for assisting in the
                                      majority’s breach of fiduciary
Aer Reynolds had deeded              duty. In Roberts, the Court of
his interest in the recreational      Appeals applied Granewich
                                                                                                                              � � � � � � � � � � � � � � �
parcel to Schrock, Schrock asked      and found that a lawyer who
her lawyer if the settlement          knowingly assists in a trustee’s
agreement required her to keep        breach of fiduciary duties to the
the recreational property pending     trust’s beneficiaries may be held
the timber sale. Schrock’s lawyer     liable by the beneficiaries.
concluded that the settlement
agreement contained no such
obligation and advised Schrock
                                      e Reynolds court
                                      acknowledged that its decision                                                  ��������� � �����������
accordingly. Schrock then sold        had “serious implications for
the recreational parcel. Schrock      attorneys” and cautioned that it                                                                                    � ����������
later prevented the timber sale       should be narrowly construed.
                                                                                                                                                          � ���������
- leaving Reynolds without either     Nonetheless, the Court of
his interest in the recreational      Appeals concluded that a lawyer                                                                                     � ���������
property or his share of the          advising a client to act contrary
timber sale proceeds.                 to a fiduciary duty may be

Reynolds sued Schrock. Reynolds
                                      liable to a nonclient to whom
                                      that duty is owed even if the act
                                                                                                                     ����� �� ������ ����
                                                                                                                     � � � � � � � �   � � � � � �
framed the primary claim              would otherwise be permitted                                                   ������������
against Schrock as breach of
                                                                                                                     ������� ������������� � ��������� �� �����
                                                                                                                     ��� ��������������������� ����������������������
                                                                                                                     ����������������������

                                                                                            4
                                                                                      M A Y             2 0 0 5




Want to meet your colleagues? Looking for ways to network?
By Judy A.C. Edwards, MBA Executive Director.

                                      own particular strengths to the work     Court Liaison                                         Golf                                          Service to the Public
                                      of the committee, you also learn from    Serves as the MBA’s interface                         Plans, publicizes and conducts                Works to inform, educate and
                                      other committee members.                 with the court; fosters dialogue                      approximately six social golf                 serve the general public with
                                                                               between the MBA membership,                           tournaments between April                     efforts such as Community
                                      Committee Information                    the judiciary and the court                           and September, including the                  Law Week, a clothing drive for
                                      Committee assignments, made in           administrator and provides                            MBA Members Championship                      “Dress For Success,” and the
                                      June, are for three-year terms. YLS      constructive feedback to the judiciary.               Tournament benefiting the                     dropout prevention program. e
                                      Committee terms are two years.                                                                 Volunteer Lawyer Project at LASO.             committee trains and coordinates
                                      Committees meet September - May.         Equality                                                                                            volunteer attorneys who act as
                                      To sign up, please complete the          Promotes equality in the                              YLS Committees                                judges in Multnomah County
                                      signup insert form and send it via fax   profession and justice system and                                                                   Animal Control hearings.
                                      or mail to the MBA office.               identifies ways in which the MBA                      Professional Development
                                                                               can promote diversity in the                          Assists young lawyers in career               Membership
                                      e MBA has seven standing                practice of law.                                      development through peer-to-                  Encourages members to
                                      committees and the YLS has five.                                                               peer groups and programs that                 participate in the YLS through a
Consider joining an MBA               Most of the MBA and YLS work is          Group Health Insurance                                foster personal and professional              wide range of services and social
committee – now is the time to        done through its committees, which       Monitors quality, low-cost health                     growth, such as seminars on                   activities designed to increase
expand your circle of contacts        depend on hundreds of attorney           insurance options for MBA                             client development, setting                   their personal and professional
and cultivate new client referrals.   volunteers. In addition to committees,   members; negotiates renewal                           up a practice, and non-law                    interaction, including a
It is one of the best ways to get     members are encouraged to                rates with insurance carriers; and                    informational sessions, e.g.                  networking social with other
acquainted with your colleagues.      volunteer time to pro bono projects.     explores additional services to be                    financial planning.                           professionals, a meet-the-judges
                                      Check out the wide variety of pro        added to the program.                                                                               social and New Admittee Social
Volunteering Rewards                  bono opportunities available in                                                                Pro Bono                                      in the fall.
Members tell us that they benefit     the Portland area by going to the        Judicial Screening                                    Encourages lawyers to donate
greatly from participating on         YLS page at www.mbabar.org and           Screens judicial appointment                          their time and legal skills to the            YLS Continuing Legal
MBA committees. Personal              clicking on the link to Pro Bono         candidates and makes                                  poor; publishes Youth Faces the               Education (CLE)
fulfillment, making dreams            Volunteer Opportunities: A Guide for     recommendations to the                                Law: A Juvenile Rights Handbook,              Plans and sponsors all YLS CLE
realities, meeting new people and     Multnomah County Lawyers.                Presiding Judge, Chief Justice and                    and Domestic Violence: A Guide                seminars designed to provide
receiving referrals, keeping up-                                               the Governor, in accordance with                      to Your Rights, and Pro Bono                  practical skills training to newer
to-date on new information and        MBA Committees                           the MBA’s process.                                    Volunteer Opportunities: A Guide              lawyers in practice less than six years.
expanding personal expertise and                                                                                                     for Multnomah County Lawyers;
perspectives are just a few of the    Continuing Legal Education               Professionalism                                       coordinates volunteers for at-risk
reasons members cite for serving      (CLE)                                    Creates and conducts programs                         youth programs; and sponsors
on committees.                        Plans, conducts, and evaluates 30 to     that promote professionalism                          a non-profit project pairing
                                      35 CLE seminars a year. Classes are      in the practice of law and                            volunteer attorneys with non-
When you join a committee,            developed for attorneys in practice      assists with the nomination                           profit organizations.
you become part of a team of          10 years or longer and topics reflect    and selection process for the
colleagues. As you contribute your    various areas of practice.               professionalism award.




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                                                                                                      5
                                                                     M u L T N o M A H                L A W Y E R



MBA 2005 Merit                                                             YLS Selects Award of
Award Recipients                                                           Merit Recipients
e MBA Board selected three            Michael A. Greene was also          Two YLS volunteers will receive        Due in large part to Sherilyn’s
recipients for the 2005 MBA            selected for his long-term          awards for their contributions         leadership, the MBA and OSB
Merit Award. e awards will            contributions to the MBA. He        to the YLS at the MBA Annual           joined forces with LASO to
be presented at the MBA annual         was MBA president in 2001-02        Dinner on May 18.                      organize the first annual Pro
dinner on May 18.                      and treasurer in 2000-01, was                                              Bono Opportunity Fair, which
                                       instrumental in starting the        Sherilyn Holcombe Waxler               coincided with the OSB’s Pro
Merit Award Criteria                   Judicial Outreach Committee         If there is a pro bono committee       Bono Challenge Awards.
Recipients exemplify and               (JORC) with Multnomah County        meeting somewhere in Portland,
demonstrate an enduring                Circuit Court and served as         Sherilyn is probably there. Her        rough the local chapter of the
commitment to the MBA’s mission        the first MBA liaison. Greene       involvement includes the Pro Bono      American Immigration Lawyers
of promoting justice through           has co-chaired the Multnomah        Committees of Miller Nash, the         Association, Sherilyn organized
service, education or leadership       CourtCare Fundraising               MBA YLS, the OSB New Lawyers           the first annual awards dinner,
to MBA members and to the              Campaign in 2004 and 2005,          Division and the American              raising $13,000 for immigration
community. Any person who has          is a member of the MBA 100th        Immigration Lawyers Association.       legal services providers.              Marc E. Jolin
made a significant contribution        Anniversary Celebration
to the profession or the MBA is        Committee and chairs the                                                   When Sherilyn is not working
eligible for consideration.            100th Anniversary Budget &                                                 to involve attorneys in pro            organization that connects
                                       Fundraising Subcommittee. He                                               bono service, she is doing it          lawyers in newly industrialized
                                       has done pro bono work for the                                             herself. Her primary direct            or developing nations with US
                                       Senior Law Project since 2002.                                             service is the representation of       attorneys. e US attorneys provide
                                                                                                                  domestic violence survivors with       insight, advice, and mentoring
                                                                                                                  immigration matters.                   to the international attorneys as
                                                                                                                                                         they struggle to develop their own
                                                                                                                  Miller Nash recognized Sherilyn’s      modern legal systems.
                                                                                                                  accomplishments last summer by
                                                                                                                  awarding her the firm’s first annual   is year, as chair of the YLS
                                                                                                                  Pro Bono Award, which included         Service to the Public Committee,
                                                                                                                  a financial contribution by            Marc has provided renewed
                                                                                                                  Miller Nash to Catholic Charities      leadership to the Service to
                                                                                                                  Immigration Legal Services.            the Public Committee. He has
                                                                           Sherilyn Holcombe Waxler                                                      provided focus and energy to
e Honorable Ellen F. Rosenblum                                            As the chair of the MBA YLS            Sherilyn’s practice focuses on the     committee members that has
                                                                           Pro Bono Committee, Sherilyn           areas of immigration and litigation.   pushed the committee’s projects
e Honorable Ellen F.                                                      was responsible for overseeing                                                to new heights of excellence. He
                                       eresa L. Wright
Rosenblum was selected for her                                             a variety of pro bono projects,        Marc E. Jolin                          oversees the committee’s projects
long-term contributions to the                                             including Attorneys for Youth,         Marc Jolin has distinguished           including Community Law
                                       eresa L. Wright’s                                                                                                Week, Lawyers without Borders,
MBA, including chairing the                                                the Nonprofit Project and the          himself as member and chair of
                                       contributions span a number of                                                                                    Dropout Prevention Program,
2000 Citizens Justice Conference,                                          publication and translation of the     the YLS Service to the Public
                                       years as well. She consistently                                                                                   Multnomah County Animal
founding the Community Law                                                 Domestic Violence and Juvenile         Committee. Last year, as a
                                       serves as a mentor, chaired the                                                                                   Services Hearings Officers
Week’s Tell it to the Judge and                                            Rights Handbooks.                      member of the committee, Marc
                                       Judicial Screening Committee                                                                                      and the recently implemented
connecting the MBA with the                                                                                       spearheaded the Lawyers without
                                       and is a current member of                                                                                        Imprint Program.
ABA. She is an active member                                                                                      Borders project, a nonprofit
                                       the Court Liaison Committee.
of the Multnomah County
                                       Previously, she has been a
Circuit Court’s Judicial Outreach
                                       member of the following MBA
Committee (JORC). Last fall,
                                       committees: Professionalism,        ��������������������
Judge Rosenblum initiated and
                                       Equality and CLE. In 1992,
chaired a public forum on juries
                                       she received the outstanding
at which Chief Justice Wallace
                                       volunteer award from the
Carson, ABA President Robert
                                       Volunteer Lawyers Project.
Grey and members of the local
                                       Wright currently chairs the
court spoke. e forum was
attended by local elected officials,
                                       Civil Subcommittee of the                                 �������������������������
                                       Multnomah County Family
past jurors and leaders of the                                                                        ���������������������������������������
                                       Violence Coordinating
law community. She is working
                                       Council, serves on its stalking
with the YLS Community Law
                                       subcommittee, volunteers                                                                   ���
Week committee to include the
                                       through the Domestic Violence
national American Jury Project,                                                                                 ���������������������������
                                       Project at Legal Aid and is a
Democracy by the Dozen.
                                       volunteer for the Children’s
                                       Representation Project. On                                                       ������������������
                                       the latter project, she has                                              �����������������������������
                                       represented a client for over
                                       three years. e case was argued                                            ��������������������������
                                       recently at the Court of Appeals
                                       and the Court affirmed the trial
                                       court’s custody decision without
                                       opinion. e case involves two
                                       parents who feud relentlessly
                                       over custody and parenting time
                                       and yet she continues to donate
                                       her time to make sure that the
                                       interests of the child are fairly
                                       presented to the court.


Michael A. Greene




                                                                                           6
                                                                                 M A Y       2 0 0 5




    AROUND THE BAR
Around the Bar reports on                                                  and appellate work emphasizing
members’ awards, honors, moves,                                            corporate governance, securities,
transitions, etc. Submissions are                                          finance, energy, intellectual
subject to editing and are used on                                         property, and media law.
a space available basis.
                                                                           SIMEON RAPOPORT
                                                                           MBA Board Director Simeon
                                                                           Rapoport recently joined St.
                                                                           Andrew Legal Clinic’s Board                                              Catherine Brinkman
                                                                           (SALC). He has served on             Madeleine Campbell
                                                                           the SALC’s Walk for Justice          Campbell has been named a
                                                                           Committee for the past two years     partner at the firm, where she
                                                                           and is the Chair of the current      will focus on complex civil and
                                     Justin D. Gericke
                                                                           “Five Miles for Justice” event.      commercial litigation, insurance
                                                                           He is Assistant Counsel and          coverage disputes, professional
                                     JORDAN SCHRADER                       Director of Litigation at Standard   liability cases, and business
                                     New to the firm is Justin D.          Insurance Company.                   litigation.
                                     Gericke, who has more than
                                     five years of legal experience                                             KILMER VOORHEES &
                                     in environmental and natural                                               LAURICK
                                     resources law. Prior to joining                                            Catherine Brinkman has joined
                                     Jordan Schrader, his practice                                              the firm, where she is practicing
Cynthia M. Fraser
                                     concentrated on administrative                                             civil litigation and insurance
GARVEY SCHUBERT BARER                and natural resources law,                                                 defense.
e firm has added Cynthia M.         handling cases involving real                                                                                  Christopher S. Lombard
Fraser as of counsel in the firm’s   property, water and land use, and                                          CHRISTOPHER LOMBARD
land use and condemnation            federal reclamation issues.                                                                                    representation and employment
                                                                                                                Christopher S. Lombard has
practice, where her practice                                                                                                                        litigation, while continuing in
                                                                                                                opened a solo practice which
will focus on condemnation                                                                                                                          the areas of domestic relations
                                                                                                                is located in the Pennoyer
and related litigation including                                                                                                                    law and criminal defense. He
                                                                                                                Building in downtown
Measure 37 and tax appeals.                                                                                                                         can be found on the web at
                                                                                                                Portland. His practice focuses
                                                                                                                                                    www.lombardlaw.com.
                                                                                                                primarily on small business


                                                                           Kathleen Dent

                                                                           DAVIS WRIGHT TREMAINE
                                                                           Kathleen Dent, a firm partner,
                                                                           has recently been elected
                                                                           president of Oregon Lawyers
                                                                                                                             ������
                                                                                                                             ������������ �� ���������
                                                                           Against Hunger (OLAH). She
                                                                           has been a member of OLAH’s
                                                                           Board since 2003. Established                             �����������������
                                     Jill Schneider                        in 1997, OLAH is a nonprofit
                                     SCHWABE, WILLIAMSON &
                                                                           organization comprised of legal                 ��������������������
                                                                           professionals in Oregon. During
                                     WYATT
                                                                           its eight-year history, OLAH
                                                                                                                                   ������������������������
Ted Bernhard                         e firm ranked 15th among
                                                                           has raised several hundred
STOEL RIVES                          large companies in Oregon
                                                                           thousand dollars to benefit the          ��������������������������������� ���������������
Attorney Ted Bernhard is among       Business magazine’s “100 Best
                                                                           Oregon Food Bank (OFB). Dent             ������������������������������
40 individuals selected to receive   Companies to Work for in
                                                                           concentrates her practice in the         ���������������������
the Portland Business Journal’s      Oregon.”
                                                                           areas of employment and general
“40 Under 40” Award. Winners                                               business litigation.
are recognized as the 40 most        Jill Schneider joined the firm as
accomplished, influential and        an associate, where she will be
                                                                           DUNN CARNEY ET AL
civic-minded young executives in     specializing in construction law                                                      �����������������������������������������������
                                                                           Litigation attorney Madeleine
Portland. Bernhard is a corporate    and commercial litigation.
and securities lawyer and a
member of the firm’s corporate       MILLER NASH
and technology ventures practice     Attorney William S. Manne has
groups, where his practice           been elected to a two-year term
focuses on providing counsel to      on the Board of Directors of
entrepreneurs, directors, venture    the Oregon Society of CPAs for
capitalists and investors involved   2005-06. Manne is a partner with
with rapid growth businesses in      the firm.
the Pacific Northwest.




                                     Steven M. Wilker
Susan Hammer                         TONKON TORP
SUSAN HAMMER                         e firm was again recognized
Susan Hammer, a former president     for its outstanding younger
of the MBA, has been recognized in   lawyers with the selection of
e Best Lawyers in America 2005-     Steven M. Wilker in the Business
2006 for dispute resolution.         Journal’s annual “40 under 40”
                                     list. Wilker’s practice is in trial

                                                                                           7
                                                                         M u L T N o M A H                 L A W Y E R



Tips from the Bench
By Judge John A. Wittmayer, Multnomah County Circuit Court.


Bankruptcy - one of several
defendants is in bankruptcy
Your plaintiff is suing two or
more defendants, and one of the
defendants goes into bankruptcy
while your case is pending. 11
USC Section 362 creates an
automatic stay of your state court
litigation against all defendants,
not just the bankrupt defendant.
UTCR 7.050 authorizes you to
apply to state court for an order
severing the bankrupt defendant,
so you can proceed with your
case against other defendants,
who are not in bankruptcy. Until
you move to sever the bankrupt         Evidence – Family Law cases
defendant, the automatic stay is       – the rules of evidence apply             By Catherine Carroll, Attorney at Law.
effective to prevent any action in     I am constantly amazed how oen
your case against any defendant.       lawyers fail to object in family
                                       law trials. e Oregon Rules of            Presiding Court update                  legislative events which affect     Brown-Bag Series is to provide
Audio-visual equipment in the          Evidence do not just apply to civil                                               our courts. Both House Ways         an opportunity for informal give
                                                                                 Judge Dale Koch reported that Judge
courtroom                              and criminal jury trials. e Rules                                                and Means Committee chairs          and take between judges and
                                                                                 Frankel has retired and that her
Are you planning to use                of Evidence also apply to family law                                              are from Clackamas County.          attorneys. e committee hopes
                                                                                 position is being filled for the time
audio-visual equipment in              trials. Inadmissible evidence comes                                               Tom Kranovich is bringing them      to establish these brown-bag
                                                                                 being by Plan ‘B’ judges, pending
the courtroom for your trial?          in without objection in almost                                                    to the courthouse in Oregon         lunches on a regular basis. e
                                                                                 appointment by the Governor of a
You need to plan ahead to              every trial because the lawyers                                                   City, so that they can see the      next brown-bag is being planned
                                                                                 new judge for this position.
make sure your needs can be            don’t object.                                                                     crowded and inadequate facilities   for the fall. Judge Welch and the
accommodated in the courtroom.                                                                                           first hand. While a number of       other domestic relations judges
                                                                                 With a number of judges in
Many of our courtrooms are too         Negotiating or starting trial?                                                    committee members in both           already hold a similar informal
                                                                                 addition to Judge LaMar doing
small to handle everything you         Your case is assigned for trial to                                                Houses are supportive of the Bar,   meeting with attorneys once or
                                                                                 settlement conferences, concerns
and the other lawyers in your          start at 9 a.m. You and your client                                               and, specifically, of the dismal    twice a year; Judge Welch will
                                                                                 have arisen that judges have
trial plan to use.                     show up outside of the courtroom                                                  conditions in many of the state’s   be asked to consider publishing
                                                                                 differing expectations of the
                                       a couple of minutes before 9, and                                                 courthouses, there is simply too    notices of these meetings in the
                                                                                 preparation work to be done by
If your needs are as simple as a       the other lawyer and her client show                                              much competition for the limited    Multnomah Lawyer.
                                                                                 the lawyers before appearances
television and a VCR to show the       up shortly aer you arrive. You “set                                              funds available for all state
                                                                                 for settlement conferences;
jury a deposition video, check with    up” your materials at counsel table                                               purposes. e Chief Justice has      Jury Verdict Project
                                                                                 paperwork to be submitted to the
the courtroom clerk to see if the      to get ready for the trial to start. e                                           formed a committee to address
                                                                                 judge before conferences, timing                                            Doug Bray and Leslie Kay are
clerk has the equipment readily        clerk asks both lawyers to come                                                   issues related to courthouse
                                                                                 of paperwork submissions, etc.                                              working on an expanded format
available, so you might not have to    into the judge’s chambers for a brief                                             facilities around the state, and
                                                                                 A small working committee of                                                for verdict reports.
bring your own. If you plan to use     conference before starting trial.                                                 they are considering various
                                                                                 judges has formed to review the
more extensive equipment, have         Does this pattern sound familiar?                                                 possible sources of revenue
                                                                                 applicable rules and to consider                                            Clackamas County Bar
your technician call the judge’s                                                                                         for courthouse replacement.
                                                                                 whether more uniform standards                                              Association
judicial assistant or clerk right      I almost always invite the lawyers                                                ings are bad in many of the
                                                                                 on these and related issues may
away aer the case is assigned to      into chambers to talk about                                                       counties, with the possible         Tom Kranovich reported on Judge
                                                                                 be included in rules, or in judicial
the judge, and arrange to visit the    any pre-trial motions, motions                                                    exception of Klamath County,        Gilroy’s retirement and on the
                                                                                 preference reports.
courtroom before the day of trial to   in limine, scheduling, etc. I                                                     which was forced to build a new     progress of the process of obtaining
make sure your equipment will fit      conclude these conferences by                                                     courthouse aer their existing      a replacement judge. e governor
                                                                                 Jury Appreciation Week is
in the courtroom.                      asking the lawyers if they have                                                   one was condemned following an      will be appointing new judges to
                                                                                 approaching (during Community
                                       completed their settlement                                                        earthquake. Union County has        the Court of Appeals, Clackamas
                                                                                 Law Week), and the YLS is involved
You should also coordinate your        negotiations. It amazes me how                                                    abandoned its courthouse, and       County, and Multnomah County.
                                                                                 in this effort.
equipment needs with the other         frequently the lawyers will look                                                  has disbursed those functions to
lawyers in your trial. e judge is     at each other, shrug, and say it                                                  other locations.                    Washington County Liaison
                                                                                 ere will also be a celebration
unlikely to allow each side to bring   might help if they talked a bit
                                                                                 of the 100th anniversary of the                                             e Washington County Bar
their own duplicate equipment to       before we start trial.                                                            Judicial Feedback Program
                                                                                 establishment of the Multnomah                                              Association does not have a
the courtroom. You should expect
                                                                                 County Juvenile Court, which will       is program has been essentially    corresponding court liaison
to share the equipment to minimize     Most judges will allow the lawyers
                                                                                 be used as a way to improve public      dormant and is being reviewed to    committee.
the clutter in the courtroom.          an opportunity to negotiate before
                                                                                 awareness of the Juvenile Court and     see if it is still useful.
                                       starting the trial. But if the case
                                                                                 its work. e Presiding Judge of                                             Multnomah CourtCare
Your technician should arrange         is assigned to start trial at 9, how
                                                                                 the Cook County, Illinois Juvenile      Judicial Practice Brown Bag
with the judge’s clerk for a time      long is reasonable? I am sure most                                                                                    e annual CourtCare campaign
                                                                                 Court is expected to attend as part     Lunches
to set up your equipment in            of you have been talking to each                                                                                      runs from April 25 to May 6,
                                                                                 of this celebration.
advance of the time you will be        other about settlement before the                                                 Judges Kantor, Maurer and           with the theme A Jungle Gym
using it. Tell your technician to      morning of trial. Should we just                                                  Wittmayer scheduled a brown         in the Jungle. e goal is to raise
                                                                                 Court Administrator update
plan to use gaffer’s tape to tape      start the trial at the time scheduled                                             bag lunch discussion of trial       $85,000 in donations.
electrical cords to the floor in the   and let you negotiate during the          Trial Court Administrator Doug          practices on April 22, at noon.
courtroom – not duct tape. Duct        breaks and at lunch?                      Bray reported on the current            e purpose of the Judicial
tape leaves residue on the carpet
when it is removed.



                                                                                         SUPPORT THE OREGON LAW FOUNDATION THROUGH THE MBA
                                                                                         AND WELLS FARGO
                                                                                         The MBA’s partnership with Wells Fargo means that MBA members pay no
                                                                                         fees on IOLTA and lawyers’ trust accounts. In addition, Wells Fargo pays
                                                                                         a consistently high interest rate on IOLTA accounts to the Oregon Law
                                                                                         Foundation. To take advantage of this member benefit and support the
                                                                                         Oregon Law Foundation, MBA members who bank with Wells Fargo must
                                                                                         identify themselves as MBA members. For more information, call Michael
                                                                                         Giavanti of Wells Fargo Bank at 503.886.1446.




                                                                                               8
                                                                                       M A Y        2 0 0 5



Profile: Judge Rex Armstrong, Oregon Court
of Appeals
By Doug Bray, Multnomah County Circuit Court Administrator.

Rex Armstrong was born in               academic year at Andover. Trunk         Portland when he ostensibly               When selecting an Oregon
                                                                                                                                                                   Hon. Rex Armstrong
Salem in 1950. His parents              packed, his parents took him to         was in Raymond committing                 law school to attend, his
introduced him early to Oregon          Union Station and put him on            the burglaries. Rex came away             undergraduate interest in Justice
politics and government. His            a train for Boston. He spent the        from the experience convinced             Douglas led Rex to enroll at the         was elected to the court in
father served as Chief of Staff for     next four days and three nights         that he would likely have been            University of Oregon School of           November 1994. Ironically, had
Governors McKay, Patterson and          crossing the country by coach.          convicted of the burglaries if the        Law so that he could take classes        Judge Rossman’s successor been
Smith, succeeding Tom McCall            When he arrived in Boston, he           case had gone to trial, which led         with Professor Hans Linde, who           appointed rather than elected,
in that position. In 1959, the          lugged his trunk from the train         him to appreciate the principles          had clerked for Justice Douglas          Rex would not have sought the
Armstrong family relocated to           station to the bus station to           that animate our approach to the          in 1950-51. Rex took all of the          position because the governor at
southwest Portland, where his           catch a bus to Andover, where           prosecution of people for crimes.         classes that he could with Linde,        the time was Barbara Roberts,
mother became a high school             he was dropped at a corner to                                                     taking constitutional law in his         who is Rex’s step-mother-in-law.
teacher, obtained a doctorate           make his way to the campus.             Rex got further drawn into                third rather than second year to
in educational psychology,              e independence that the trip           politics while in college, serving        accommodate a Linde sabbatical.          Rex is married to Portland lawyer
and founded the Institute for           reflected and the experience that       as an intern in Senator Hatfield’s        Rex continued his legal education        Leslie Roberts. ey have two
Managerial and Professional             Andover fostered is emblematic          Washington office in 1971 and             with Linde by serving as Justice         children who joined their family
Women. His mother was deeply            of Rex.                                 then as the Eastern Oregon                Linde’s law clerk at the Oregon          by birth and five who joined it by
committed to promoting equality                                                 field director for Hatfield’s 1972        Supreme Court in 1977-78.                adoption in China. e adoptions
for women in all aspects of life,       Rex spent the summer between            re-election campaign. In the                                                       took place over a 10-year period
which led Rex and his siblings to       high school and college working         latter position, he drove 70,000          Aer his clerkship, Rex practiced        from 1996 through 2005. e
share that commitment.                  as a choker setter on a logging         miles in ten months in Oregon             law in Portland, focusing                whole family has gone to China
                                        crew in Raymond, Washington,            campaigning for Hatfield, which           principally on civil litigation          for each adoption, which has
In his early years, Rex worked          which led to an experience              gave him a good appreciation for          and appellate work. He also did          helped foster a great family
for his spending money. He              that affected his perspective           the state. It also convinced him          a significant amount of work             interest in China. An experience
picked strawberries and beans in        on law. On the night that he            that he had no desire to run for          as a cooperating attorney for            on their second adoption trip
fields near Progress that are now       le Raymond at the end of the           elective office.                          the ACLU, handling a number              also deepened Rex’s appreciation
part of the Washington Square           summer, two jewelry stores in                                                     of cases that helped to develop          for our judicial system. e
shopping center, and had Oregon         town were burglarized. e               Aer a three-year hiatus during           Oregon’s constitutional law on           police detained Rex in Changsha,
Journal and Oregonian paper             police came to believe that Rex         which Rex worked as a long-               free speech and religious liberty.       China, for videotaping a
routes. He delivered flowers with       had committed the burglaries,           haul truck driver in addition                                                      street protest against what the
his older brother on holidays for       based on eyewitnesses who               to his work with Hatfield, Rex            In 1994, Judge Kurt Rossman              protestors believed to be a
Tommy Luke Florists.                    said that they had seen him in          returned to school at the University      decided to retire from the               corrupt court decision in favor
                                        town that night looking in the          of Pennsylvania. While there, he          Oregon Court of Appeals and              of a wealthy land developer.
At his initiative, Rex le Portland     jewelry store windows. e               took an undergraduate course on           to have his seat filled by election      e police released him aer
in 1964 to attend high school at        Raymond police chief traveled           constitutional law that further focused   rather than by gubernatorial             he erased the offending portion
Phillips Academy, in Andover,           to Oregon to arrest Rex for the         his interest in law. at interest grew    appointment. Notwithstanding             of the videotape and signed a
Massachusetts. at summer, his          burglaries, but fortunately, Rex        aer reading several books about          his earlier conviction that he           confession, but the experience
mother purchased a large trunk          had an unassailable alibi. He had       William O. Douglas, whose 36-year         would never run for elective             said much to him about the work
and packed it full of the things he     been stopped by a Washington            career on the US Supreme Court was        office, Rex entered the race to          that needs to be done to promote
would need for the ninth grade          State trooper while driving to          drawing to a close.                       succeed Judge Rossman and                the rule of law in China.




               Grebe Selected for MBA Professionalism Award
  Walter H. Grebe will receive          professional and business activities.   He has a long history of                  firm for El Programa Hispano,
  the MBA’s highest award, the          On a personal level, he was and         volunteerism in professional              a pro bono project founded by
  MBA Professionalism Award,            continues to be instrumental in         organizations, holding                    Schwabe in 1991. El Programa
  at the annual meeting on May          promoting and encouraging me to be      committee member and chair                Hispano provides pro bono
  18. Grebe is a shareholder in         a better business lawyer and business   positions, including President            legal services with translation
  the Portland firm of Schwabe,         leader. He has always recognized        of the MBA in 1985. He served             capabilities to low-income and
  Williamson & Wyatt. He joined         that women lawyers have different       as Editor-in-Chief of the                 Spanish-speaking clients. e
  the firm in 1988, previously          challenges in the business field and    Advising Oregon Businesses                legal clinic has served more
  served as its Chairman and Chief      he has always worked to break down      published by the Oregon State             than 1,000 clients and remains
  Executive Officer and currently is    those barriers.”                        Bar (OSB), served as Chair                the only probono legal clinic in
  Chairman Emeritus.                                                            of the OSB Continuing Legal               Oregon that is staffed and funded
                                        Other lawyers supporting his
                                                                                Education Committee and                   by a single law firm. e clinic is a
                                        nomination noted that “Mr. Grebe
  Nominators praise Grebe’s                                                     maintained memberships on a               branch of the Oregon Law Center’s
                                        has represented several high profile
  history of professionalism                                                    number of OSB committees in               Portland Legal Clinic and focuses
                                        clients in contentious and difficult
                                                                                various practice sections. He             on landlord-tenant, consumer, civil
  One nominator described               cases. Opposing counsel state that                                                                                         Walter H. Grebe
                                                                                also has served as President              rights and family law issues.
  Grebe as “a mentor and model          he has never raised his voice and
                                                                                for the Northwest Business for
  of professionalism to hundreds        was always professional, direct,
                                                                                Culture and the Arts, Director            Purpose of the Award
  of lawyers and business               courteous and just ‘plain tough.’”                                                                                         e award is intended to
                                                                                for the Cascade Council
  leaders throughout the span                                                                                             e purpose of the award is               recognize and honor personal
                                        Grebe is a lifelong resident            of Boy Scouts of America
  of his 40-year career as a                                                                                              to recognize a lawyer who                and professional qualities,
                                        of Portland. He was born in             (2001-present), Trustee for
  trusted legal advisor.” Another                                                                                         exemplifies the standards defined        reputation, and conduct.
                                        Portland on March 27, 1938 and          the Oregon Health & Science
  endorsement said that “he                                                                                               in the MBA Professionalism               Leadership activities and
                                        attended Cleveland High School          University (OHSU) Foundation
  has uniformly exhibited the                                                                                             Statement which reads,                   service within the bar or the
                                        and the University of Oregon,           and Treasurer (2004-5) and
  highest professional and ethical                                                                                                                                 community in general, while
                                        where he was student body               Director of SOLV where he                   Professionalism goes beyond
  standards. He is a vigorous                                                                                                                                      probative of professionalism,
                                        president. He graduated from            is Chair of Development. He                 observance of the legal
  advocate for his clients’ interest,                                                                                                                              are not considered key in
                                        the University of Oregon School         chairs “Leadership Portland,”               profession’s ethical rules and
  but always conducts himself                                                                                                                                      the screening and selection
                                        of Law. Initially, he practiced         a program of the Portland                   serves the best interests of clients
  in a courteous, respectful and                                                                                                                                   processes. Pro bono service is
                                        law with Morrison Dunn, later           Business Alliance which                     and the public in general; it
  principled manner.” When a                                                                                                                                       considered in the screening
                                        moved to the firm which became          develops future leaders of the              fosters respect and trust among
  lawyer joined his firm right out                                                                                                                                 process. Recipients are role
                                        Grebe, Gross, Peek, Osborne &           community.                                  lawyers and between lawyers
  of law school, she remembered                                                                                                                                    models for other attorneys,
                                        Dagle where he was its president                                                    and the public, promotes the
  that he “was committed to                                                     For many years, Grebe                                                              particularly younger attorneys.
                                        from 1979 to 1988 and then                                                          efficient resolution of disputes,
  helping young lawyers to                                                      promoted and obtained
                                        joined the Schwabe Williamson                                                       and makes the practice of law
  participate in community,                                                     continuing support of his
                                        & Wyatt firm in 1988.                                                               more enjoyable and satisfying.




                                                                                               9
                                                                           M u L T N o M A H                 L A W Y E R




What Partners Want from Associates
Remembering who pays the bills
Fourth Part of a Series
By Gregory C. MacCrone, Attorney at Law and YLS Secretary.


is installment continues to            Characterizing it as a mere “forest
                                                                                                                                  Young
                                                                                                                                 Lawyers
address those intrapersonal             from the trees” situation would
proficiencies valued by the             be too simplistic, Gregores says.
partners interviewed for this series.   Rather, it involves recognizing
                                        that “Everything has some level
Being Client-focused:                   of complexity – economic, cost-
Remember Who Pays the Bills

ere may be no easier way to get
yourself in hot water with your
                                        benefit, personal agendas, etc.
                                        – so to become bogged down in
                                        that to the detriment of the goal
                                        and solving the client’s problem is
                                                                                                                                 Section
supervising attorney than to upset      counterproductive.
an important firm client. Meeting
and exceeding client expectations,      “Associates must focus on serving

                                                                                                                                                                Community
however, requires something more        the client’s interest, and the            Mark Twain is reputed to have          yourself if the advice you are
than a firm handshake.                  successful associate will take            said that “It is better to keep your   giving is practical and suited to
                                        in the broader context of his or          mouth shut and appear stupid           the client’s needs.
Knowing the law inside-and-out
and being able to provide legal
                                        her work. Far too many young
                                        attorneys are overly immersed in
                                                                                  than to open it and remove all
                                                                                  doubt,” but he was also “gratified     Discern carefully partner and           Law Week
answers to your clients’ problems
is clearly not enough. While law
professors might operate in a
                                        process because of the complexity
                                        of their career’s work,” he adds.
                                                                                  to answer promptly and say [he]
                                                                                  didn’t know.” Because particular
                                                                                  clients have particular needs,
                                                                                                                         client reaction to the work you
                                                                                                                         do. Put yourself in your client’s
                                                                                                                         position and consider the service
                                                                                                                                                                  May 2-7
vacuum, lawyers most certainly          Reuel K. Fish, the hiring partner         senior attorneys must mentor           you would expect to receive for
                                                                                                                                                                e YLS Service to the Public
do not. e successful associate         for McMinnville’s Cummins,                associates in an environment that      the fee you pay.
                                                                                                                                                                Committee planned some
will cultivate a business savvy         Goodman, Fish, Denley & Vickers,          encourages questioning.
                                                                                                                                                                great events for Community
that allows him to advise clients       PC, a firm specializing in workers’                                              Doing simple things like keeping
                                                                                                                                                                Law Week 2005. ank you
while always keeping their needs        compensation defense and OSHA             Do not be shy about asking             your supervising attorney
                                                                                                                                                                to this year’s Community Law
in mind.                                law, echoes this sentiment.               questions of more senior lawyers       and client informed, listening
                                                                                                                                                                Week chair Katie Lane and
                                                                                  about these clients’ needs.            carefully to their concerns,
                                                                                                                                                                committee members Deanna
Virtually all attorneys interviewed     “You have to recognize who pays           Partners may oen forget that          apprising them of the strategy
                                                                                                                                                                Franco, Craig Gabriel,
for this article advised some version   the bills – the client – and watch        newer attorneys do not know the        you plan to take, and returning
                                                                                                                                                                Justin Leonard, Tiffany
of being focused on delivering          out for focusing [even] on your           “rules” for handling individual        calls and emails promptly will go
                                                                                                                                                                Minus-Martinez, Jeff Schick
high-quality legal services to          supervising attorney. Keep your           clients and their particular           far in advancing your career.
                                                                                                                                                                and Marja Selmann. Many
the client. Successful associates,      eye on the ball. We are a customer        peccadilloes.
                                                                                                                                                                volunteers and sponsors made
in all their legal maneuverings,        service business with internal                                                   Michael “Mick” Seidl, a trial
                                                                                                                                                                this event possible. e June
will consider the client’s particular   policies, rules, and goals all oriented   Law firms are businesses that          lawyer at the two-attorney Seidl
                                                                                                                                                                Multnomah Lawyer will have a
situation, background, and needs        toward this ‘service to the client’       serve clients by providing legal       Law Offices, offers that “It’s also
                                                                                                                                                                re-cap of the event and a list of
in contouring an appropriate            principle. e entire law firm needs       advice. e successful associate        important that the associate be
                                                                                                                                                                all the volunteers.
legal solution.                         to be organized” around this ethos,       adds value to this service. e         resourceful in terms of training.
                                        Fish adds.                                goal is to provide both legal and      Unlike larger firms that have
                                                                                                                                                                ank you to the following
George J. Gregores is the hiring                                                  business solutions that make           formal training programs, most
                                                                                                                                                                sponsors who made this year’s
partner at Holland & Knight. He         is may be “an instinctual thing,         sense for your clients. If you are     training in small firms comes
                                                                                                                                                                event possible.
represents individuals and closely      because it’s certainly difficult to       not able to advise clients bearing     ‘on the job’ or through informal
                                                                                                                                                                   Ater Wynne
held businesses on corporate,           assess in the interview context,”         in mind their reality and their        channels such as discussions
                                                                                                                                                                   Barran Liebman
business, real estate, financing and    Gregores admits.                          needs, you risk ready failure.         with other attorneys, research,
                                                                                                                                                                   Cosgrave Vergeer & Kester
commercial litigation matters.                                                                                           and CLEs.” Maximizing these
                                                                                                                                                                   Davis Wright Tremaine
With 30 years’ practice experience      Whether or not innate, successful         Efficiency – Something Beyond          enhances the perception of value
                                                                                                                                                                   Foster Pepper Tooze
over the course of thousands of         associates strive toward a certain        the “Chicago School”                   for services received by the client.
                                                                                                                                                                   Hoffman Hart & Wagner
clients, Gregores understands what      professional empathy for their
                                                                                                                                                                   Lane Powell
makes clients happy and unhappy.        clients’ matters. Associates who          Client-focused service includes        Klitzke adds that his firm “want[s]
                                                                                                                                                                   Meyer & Wyse
                                        cultivate this client business (or        the notion of working efficiently      attorneys who possess a firm
                                                                                                                                                                   Parsons Farnell & Grein
“It’s more than simply having the       litigation) sensibility will do so        in providing those legal services.     ethical and moral compass with
                                                                                                                                                                   Perkins Coie
technical skills. It’s also being       to the mutual benefit of client                                                  the needle pointed in the right
                                                                                                                                                                   Stoel Rives
able to distinguish between             satisfaction and their individual         ”Working in a cost-effective           direction. A practical, pragmatic
                                                                                                                                                                   Tonkon Torp
process-oriented and goals-             success. e behavior can be               manner is also important,”             approach to advising clients can
oriented behavior. Far too many         learned; an MBA is not required.          Holland & Knight’s Gregores            be hard to grasp because many
                                                                                                                                                                A special thank you to our
associates are the former, but                                                    affirms. Clients must quickly          lawyers think they’re always right
                                                                                                                                                                Banner Sponsors
the client is not interested in                                                   perceive a “value received as being    and adopt a mindset against
                                                                                                                                                                   Barran Liebman
process, only results.”                                                           equal to the services provided         settling or compromising. Clearly,
                                                                                                                                                                   Cosgrave Vergeer & Kester
                                                                                  plus the amounts charged. is          this is a disservice to the client
                                                                                  becomes difficult in business work,    when it is along the lines of their
                                                                                                                                                                Media publicity was graciously
                                                                                  but even more so in litigation         overall goal.”
                                                                                                                                                                provided by Program on Law
                                                                                  where it can be a real handicap
                                                                                                                                                                & Society of the Open Society
                                                                                  when matters with $100,000 or          e fih part of this series will
                                                                                                                                                                Institute and the League of
                                                                                  $one-million at stake have the         focus on the qualities of being
                                                                                                                                                                Women Voters of Oregon.
                                                                                  same complexity,” he says.             intellectually curious and
                                                                                                                         passionate for the law.
                                                                                  Klarquist Sparkman recently fully-
                                                                                  staffed its Reno office and expects
                                                                                  to add three to four associates to
                                                                                  its Portland headquarters in fall              Meet Colleagues,
                                                                                  2005. e firm, Ramon A. Klitzke
                                                                                  II says, looks for associates who               Watch a Game
                                                                                  “understand this concept of what it
                                                                                  means to be in a service business.”         Please join the Multnomah Bar Association Young
                                                                                                                              Lawyers Section for a Drop-In Social on Thursday, May
                                                                                  Jerome Lidz at Harrang Long                 26, from 5 to 7 p.m. at Cassidy’s Restaurant (1331
                                                                                  Gary Rudnick, PC, adds, “What               SW Washington St). Afterwards, walk on over to PGE
                                                                                  we want in associates is a client-          Park for a Beavers baseball game (the YLS will not be
  Brenna Tanzosh of Yates, Matthews and Associates, P.C. and Sonya
                                                                                  oriented problem-solving                    purchasing tickets in advance).
  Fischer of Johnson Renshaw & Lechman-Su enjoy a little basketball
  and good conversation at the March Madness YLS Drop-In Social                   approach to their legal problems.”
                                                                                  With this in mind, always ask               We hope to see you there!
  at Champions on March 24.




                                                                                                  10
                                                                                   M A Y         2 0 0 5



2005 Pro Bono Awards Announced
By Cathy Keenan, Legal Aid Services of Oregon.
                                                                                                                                    PRO BONO VOLUNTEERS

                                                                                                                    anks to the following lawyers, who recently donated their
At the MBA Annual Meeting            of civil legal issues and good          residential homes. Kelly has an        Pro Bono services via the Volunteer Lawyers Project, the
on May 18, awards will be            experience working with clients.        undergraduate degree in social         Senior Law Project, Community Development Law Center,
presented to three attorneys and     Legal services are very expensive       work, which contributed to her         law firm clinics, the Oregon Law Center, the Nonprofit
one law firm who have shown          for many elderly clients, so the        decision to become a lawyer.           Project and Attorneys for Youth. To learn about pro bono
an extraordinary commitment          opportunity to help these clients on    Kelly takes the ABA and OSB            opportunities in Multnomah County, check out the Pro Bono
to pro bono work during the last     a pro bono basis is very gratifying.”   Aspirational Standards for Pro         Opportunities Handbook available at www.mbabar.org/docs/
year. Nominations were solicited                                             Bono very seriously. “I believe        ProBonoGuide.pdf.
from the legal community and         Michael E. Haglund Pro Bono             that it is part of our calling as
the coordinators of pro bono         Award.                                  lawyers to provide legal services      To volunteer, please call Maya Crawford at 503.224.4086.
projects at LASO, the Oregon         is award goes to a young               to those who cannot afford them.”
Law Center (OLC) and the YLS         lawyer who, in the tradition of
Pro Bono Committee. We are           Mike Haglund, founder of the            Pro Bono Award of Merit.                  Michelle Bertolino                  Greg Oliveros
honored to be able to recognize      VLP, has displayed a special            is award is presented to a               Dick Biggs                          Michael Opton
the generous dedication shown        commitment to pro bono                  lawyer, or lawyers, who have              Bob Bonaparte                       Rich Parker
by these attorneys, as they set an   services in the previous year.          displayed a special commitment            Richard Brownstein                  Beverly Pearman
example for the rest of our legal    is year, the award is being            to pro bono services in the               Caroline Cantrell                   Ned Perry
community.                           presented to Kelly Struhs, Davis        previous year. is award                  James Church                        Michael Petersen
                                     Wright Tremaine. Kelly was              is being presented to two                 Sarah Crooks                        Raylynna Peterson
Senior Law Project Volunteer of      admitted to the OSB in 2004             recipients, Robert Wilkinson,             Chris Dorr                          Claire Philpott
the Year Award.                      and her practice focuses on real        Ball Janik and the law firm,              Hon. Randall Dunn                   Don Pyle
is award is presented to a          estate development, commercial          Schwabe, Williamson & Wyatt.              Mike Evans                          Robyn Ridler
lawyer who has displayed a           and residential leasing and                                                       Jon Fritzler                        Craig Russillo
special commitment to pro            transactional work.                     Robert Wilkinson was                      Sean Gay                            Shawn Ryan
bono services via the Senior Law                                             admitted to the OSB in 1999               Mike Greene                         Gary Scharff
Project (SLP) in the previous                                                and his primary practice area             Dan Grinfas                         Jill Schneider
year. e SLP is the largest pro                                              is commercial litigation. Rob             Amanda Hill Guldager                Chris Scott
bono project in Multnomah                                                    began volunteering with the               Gary Hill                           Mike Scott
County, serving over 1000                                                    Domestic Violence Project in              eressa Hollis                      Richard Slottee
seniors per year at nine senior                                              2002 and since that time, has             George Hoselton                     Donna Smith
centers located throughout the                                               assisted 27 clients. In 2004,             Pamela Jacklin                      Molly Smith
county. is year, the award is                                               he represented 10 clients in              Sam Justice                         Ellyn Stier
being presented to Tim McNeil,                                               contested restraining order               Karen Knauerhase                    Sandra Stone
Davis, Pagnano and Williams.                                                 hearings and donated over 75              Mark Kramer                         Scott Strahm
Tim was admitted to the OSB in                                               hours of pro bono service. One            Elizabeth Lemoine                   Andrew Svitek
1998 and his practice focuses on                                             case in particular resulted in an         Matt Larson                         Margaret Toole
elder law.                                                                   8-hour hearing.                           Paul Loney                          Bruce Towsley
                                                                                                                       Adina Matasaru                      Roz Tucker
                                                                             Rob consistently makes himself            Jeff Matthews                       John Tujo
                                                                             available to take three-four              Tim McNeil                          Sarah Tyson
                                     Kelly Struhs                            cases per month and he has                Emily Nazarov                       Evans Van Buren
                                                                             already represented several               Carl Neil                           Hon. George Van
                                                                             clients in 2005. He has also              Robert Nelson                          Hoomissen
                                     Kelly is a member of the YLS            served as a mentor to new                 Cecilia Nguyen                      Bart Wachsteter
                                     Pro Bono Committee and for the          volunteers and he is willing to           Suzanne Noland                      Allyssa Walton
                                     past two years has spearheaded          take cases with very little notice.       Carol Noonan                        Mark Williams
                                     its efforts to update their Juvenile                                              Jennifer Oetter                     Terry Wright
                                     Rights Handbook. Kelly helped to
                                     initiate and is a member of the
                                     ONLY Pro Bono Coordinating
                                     Committee. ONLY is a joint                                                    You are a Millionaire
                                                                                                                   of Minutes
                                     task force of the OSB Pro Bono,
                                     the Oregon New Lawyers
Tim McNeil                           Division Pro Bono, the YLS

Tim has volunteered with
                                     Pro Bono and the LASO and
                                     OLC Pro Bono committees. e                                                   2004 Pro Bono
                                                                                                                   Challenge Awards
the Senior Law Project since         ONLY Committee coordinates
2002. He volunteers monthly          the pro bono efforts of the
and alternates between clinics       four committees and most
held at the Urban League of          recently sponsored the Pro                                                    By Robert H. Hamrick, Freelance Writer and Active Pro Bono Attorney.
Portland Multi-Cultural Senior       Bono Opportunity Fair held
Center and the Portland Impact       on March 10th. e Pro Bono              Robert Wilkinson                      “Most of us don’t have millions of      while mingling with pro bono
Multi-Cultural Senior Center.        Opportunity Fair would not                                                    dollars, but we all have millions       service providers offering
Since 2002, Tim has assisted         have been as successful as it was       He began volunteering for the         of minutes,” said keynote speaker       information regarding pro bono
over 140 clients and in 2004, he     without the work of Kelly and           Domestic Violence Project in          Oregon Supreme Court Justice            opportunities.
volunteered for 11 clinics. In       the other members of the ONLY           order to help people in need          omas A. Balmer, recalling one of
addition to volunteering monthly     Committee.                              of legal services and he also         his father’s favorite phrases.          Balmer emphasized the need
at the senior centers, Tim visits                                            welcomed the opportunity to                                                   to increase pro bono hours
with homebound clients, mentors      Kelly serves as an associate            get into court frequently. Rob        On March 10 at the Waterfront           provided by attorneys to low-
new SLP volunteers and has           representative on the Davis             explains why he continues to          Marriott, the OSB held its              income Oregonians as a means
been a speaker at Elder Law          Wright Tremaine pro bono                volunteer with this project.          reception for the 2004 Pro Bono         to “build vital public support for
Discussion Group meetings. Tim       committee, which develops               “One of the things that brings        Challenge honoring by category          our all too fragile legal system.”
is also a member of the OSB Pro      and implements the firm’s pro           me back to this work over and         those attorneys and law firms           In 2004, attorneys in Oregon
Bono Committee and he takes          bono policies and provides new          over is the bravery that I see        that last year provided the most        contributed 79,445 pro bono
pro bono cases representing          associates with pro bono training.      in the clients. Many of them          minutes of free legal services to the   hours, over 19,000 of which were
minors through the Multnomah         In addition to her committee            have been abused, physically          poor.                                   legal services to the poor. An
County Family Court.                 work, Kelly volunteered 80              and/or mentally, for years. It                                                additional 16,978 hours of pro
                                     hours of pro bono time in 2004          takes a tremendous amount of          Departing from receptions of            bono services were contributed
Tim noted that there is a strong     representing low-income tenants,        strength to break out of these        past years, the OSB New Lawyers         by in-state law students.
commitment to pro bono work          low-income start up companies,          relationships, particularly when      Division and the MBA YLS
in his law firm. “e Senior Law      non-profit organizations and            children are involved. I have         organized two free aernoon             Lori Alton of the Oregon Law
Project is very important work in    other low-income clients with           the easy job.”                        CLE seminars and a pro bono             Center (OLC) announced the
our office and I was encouraged      eviction issues, lease negotiations,                                          service provider informational          formation of a statewide email
to volunteer with the project        construction contract disputes,                                               fair. Attorneys attended a seminar      list serve connecting legal
when I began with the firm. I got    general corporate issues,               Cont. on p. 12                        regarding domestic violence             service agencies needing pro
immediate exposure to a variety      and the purchase and sale of                                                  or landlord/tenant issues and           bono assistance with attorneys
                                                                                                                   then enjoyed refreshments               throughout the state seeking to
                                                                                                                                                           Cont. on p. 12


                                                                                                11
                                                                           M u L T N o M A H           L A W Y E R


2005 Pro Bono Awards Announced                                                 2004 Pro Bono Challenge
Cont. from p. 11                                                               Cont. from p. 11                                                         Why Advertise with the MBA?
                                                                                                                                                        The Multnomah Lawyer is
Schwabe, Williamson & Wyatt              making it the largest individual      provide pro bono services to the   best attorneys insist upon the        the official publication and
is being recognized for the firm’s       pro bono case commitment              low-income community. Visit        opportunity to provide pro bono       newsletter of the Multnomah
partnership with the OLC’s               of any law firm affiliated with       http://groups.yahoo.com/group/     legal services to the poor.           Bar Association (MBA) and
Neighborhood Legal Clinic.               the OLC. e firm’s assistance         probonooregon/ to sign up. Also                                          is a timely and well-read
                                         has been so substantial in the                                           Roslyn Lipton Tucker won in the       source of information for the
Schwabe leaders conceived of                                                   see www.OregonAdvocates.org
                                                                                                                                                        entire Portland metropolitan
the Neighborhood Legal Clinic            consumer law area that it has         and www.OregonLawHelp.org          active pro bono category despite
                                                                                                                                                        region legal community.
project in the early 1990’s and          allowed legal aid attorneys to        to access materials and            leaving the practice of law five      Nearly 75% of the lawyers in
the clinic has ensured that more         focus on other critical legal needs   resources related to pro bono      years ago.                            the metro area are members
than 1,000 low-income and                of low-income clients.                legal services.                                                          of the MBA. Our membership
Hispanic clients receive legal                                                                                                                          includes several hundred
representation on issues ranging         Schwabe’s participation in the                                                                                 suburban lawyers and some
from fair housing to consumer            clinic is extensive, with more                                                                                 Willamette Valley lawyers
protection. e only clinic of its        than 50% of the firm’s attorneys                                                                               as well. All new lawyers in
kind to be staffed and funded            having volunteered for the                                                                                     Oregon are offered a first-
by a single law firm, Schwabe            project. In addition to attorneys,                                                                             year, free membership in
                                         Schwabe volunteers include                                                                                     the MBA, which includes a
attorneys volunteer their
                                                                                                                                                        complimentary subscription
time on civil cases including,           paralegal and administrative staff
                                                                                                                                                        to the Multnomah Lawyer.
consumer, housing, insurance             and complimentary parking is                                                                                   For more information, please
and employment law. Schwabe              provided to clinic clients. Pro                                                                                visit www.mbabar.org.
attorneys meet with three clients        bono clients oen remark on
twice per month at the firm’s            how dedicated and respectful the                                                                               Circulation
downtown office. In addition             attorneys are to them.                                                                                         The newsletter has a
to its own bilingual attorneys,                                                                                                                         circulation of more than
the firm partners with Lewis             We are excited to recognize the                                                                                4,000 lawyers, judges and
and Clark Law School and local           exceptional efforts of these pro                                                                               other legal professionals in
paralegal training programs to           bono volunteers.                                                                                               the Multnomah, Clackamas,
                                                                                                                                                        Washington and Clark
provide Spanish interpreters.
                                                                                                                                                        counties.
Schwabe, Williamson & Wyatt                                                    e Honorable Dale Koch and Linda Eyerman at the Pro Bono Fair
                                                                                                                                                        Interested in Writing
serves approximately 70 clients                                                                                                                         Articles?
each year through the clinic,                                                                                                                           The MBA is looking for
                                                                               Robert Newell of Davis Wright      Emma Miller from the Lewis &
                                                                               Tremaine, LLP, the individual                                            writers and article ideas
                                                                                                                  Clark Law School won in the law
                                                                                                                                                        for the newsletter. If you
                                                                               winner, contributed 495 pro        student category.                     are interested and/or
                                                                               bono hours last year and                                                 have an idea for a story,
                                                                               encouraged the audience to         e University of Oregon Law           please call or email
                                                                               “spice up life with some pro       School won for the fourth             Judy Edwards, Executive
                                                                               bono work.”                        consecutive year, contributing        Director, 503.222.3275 or
                                                                                                                  10,607 pro bono hours of legal        judy@mbabar.org. We are
                                                                               Lindsay Hart Neil and Weigler,     services to the poor last year.       currently recruiting articles
                                                                               LLP won in the mid-sized firm                                            related to practice areas,
                                                                               category (8 to 24 members).        Alton closed the evening by           human interest stories or
                                                                                                                  thanking the attorneys on behalf      profiles of individuals in
                                                                               Mike Schmeer, accepting the                                              the law. Members tell us
                                                                                                                  of low-income Oregonians who
                                                                                                                                                        that they especially enjoy
                                                                               award on behalf of large firm      received free legal services,         reading profiles of members,
                                                                               category winner Davis Wright       saying that “you are really their     analyses of trends in law,
                                                                               Tremaine, LLP (25 or more          hero” because you “bothered to        tips on points of law and
                                                                               members) categorized pro bono      listen” and “battled to give them a   essays on issues in the
                                                                               work as “a matter of survival”     measure of justice.”                  profession. We also invite
Schwabe attorneys: Associates Jeff Jones, Brien Flanagan and Shareholder       for his firm, stating that his                                           letters to the Editor.
Margaret Hoffman, who leads the firm’s pro bono efforts




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                                                                                             12
                                                                                 M A Y        2 0 0 5



Employees’ Lifestyle: Your Business?
By Laurie R. Hager, Sussman Shank.


A Michigan company’s recent          similar lifestyle rights laws,       policies ask – should employers         Tree Expert Co., 2003 US Dist.       Although Oregon law prohibits
implementation of a non-smoker       some employers have had              target these employees next or,         LEXIS 22329 (D. Conn. Dec. 10,       nonsmoker policies, Oregon
policy has received a great deal     nonsmoker employment                 better yet, instead of smokers?         2003), the court found that the      employers may be able to
of press lately. Under the new       policies for years. To implement                                             employee stated a valid claim for    use incentives to encourage
policy, the company requires         these policies, some companies       Some advocates cite additional          relief under the ADA because         healthy habits. For instance,
all employees to be completely       require nicotine tests while         problems with non-smoker                the employer “regarded” him as       an employer can offer benefits,
smoke-free, including when these     others rely on an “affidavit of      policies. For instance, if a certain    “an individual with a disability”    such as monetary bonuses, to
employees are not at work or         non tobacco use” or the honor        protected class of individuals,         based on his morbid obesity.         employees who do not smoke
on company premises. Smokers         system. Although perhaps             such as females or minorities,          Stress and depression can also       during non-work hours. But,
across the country wonder,           offensive to some, companies         constitute a high percentage            be protected by disability laws if   employers should be leery of
can that happen here? In some        with such policies cite several      of smokers affected by these            they substantially limit a major     giving other lifestyle incentives,
states, including Oregon, the        business purposes including:         policies, the policies can have a       life activity.                       such as for exercise, if such
answer is “no,” thanks to statutes   (1) studies show that smokers        discriminatory effect on these                                               policies unlawfully discriminate
commonly referred to as “lifestyle   are less productive and miss         protected classes. erefore,            Before Getting Trendy,               against some employees, such as
rights laws.” Since nicotine         more work days due to health         before implementing a nonsmoker         Tread lightly                        those unable to exercise due to a
addiction is not protected by the    problems than nonsmokers;            policy, an employer should              e recent publicity over non-        protected disability.
ADA, these lifestyle rights laws     (2) smokers cost employers           know the demographics of its            smoker policies may lead to a
are a boon to smokers.               more in medical costs than           smoking applicant and employee          trend of employers implementing      Laurie Hager is an associate with
                                     nonsmokers; and (3) health           population to avoid exposure            similar policies. And while there    the Portland law firm of Sussman
Oregon’s version of the lifestyle    insurance companies raise            to discrimination claims from a         may be good reasons for such         Shank LLP and is a member
rights law, ORS 659A.315,            premiums for smokers.                protected class of individuals.         non-smoker policies, employers       of its Litigation and Labor and
provides:                                                                                                         should not simply copy other         Employment Law Groups. She
                                     ese employers’ concerns             While Oregon’s lifestyle rights         companies’ policies. Laws on         can be reached at 503.227.1111 or
  “It is an unlawful employment      beg the question: what aspect        laws protect an employee’s              these issues differ from state       laurie@sussmanshank.com.
  practice for an employer           of an employee’s lifestyle will      tobacco use outside of work,            to state and, therefore, a policy
  to require, as a condition         employers target next? Critics       there are no similar provisions         that is acceptable in Washington
  of employment, that any            of the nonsmoker policies            for other aspects of an employee’s      or California may be unlawful
  employee or prospective            argue that other aspects of          lifestyle. However, to the extent       in Oregon. Additionally, the
  employee refrain from using        an employee’s lifestyle can          a person’s lifestyle is related to      concepts driving the non-
  lawful tobacco products during     cause the same problems              stress, depression, or morbid           smoker policies will likely
  non-working hours, except          attributed to smokers. For           obesity, it could be tangentially       extend into other aspects of
  when the restriction relates       instance, employees who are          protected from discrimination           an employee’s lifestyle, which
  to a bona fide occupational        stressed, depressed, or morbidly     because the resulting conditions        will raise new challenges to
  requirement.”                      obese can be considered less         may fall under the federal and          employers balancing their
                                     productive and may also cause        Oregon versions of the ADA              business interests with the anti-
In states like Washington and        higher healthcare and insurance      in certain circumstances. For           discrimination laws.
Michigan that do not have            costs. Critics of the nonsmoker      instance, in Warner v. Asplundh




The Claim Game
By Peter A. Haas, Attorney at Law.


                                     bounds” of the patent. And,          change that performs substantially      the patentee presumptively           extrinsic evidence, such as
                                     only by properly construing          the same function as the literal        forfeits all equivalents to the      technical dictionaries and
                                     the claims can the scope of          claim element, in substantially the     amended claim element.               technical experts, to determine
                                     the patent be determined.            same way, to achieve substantially                                           the ordinary and customary
                                     is construction process             the same result, may infringe, if       Proper claim construction            meaning. More likely, however,
                                     benefits both the patentee and       not literally, then equivalently.       balances these two doctrines
                                     the public: e patentee, in                                                  using a set of guidelines taught
                                     return for disseminating new         e doctrine, however, obscures          through judicial opinions. ese          “...a little more
                                     information (the invention),
                                     benefits from exclusive territory
                                                                          the clearly delineated scope of the
                                                                          patent grant and frustrates the
                                                                                                                  guidelines, however, do not make
                                                                                                                  claim construction a science; it
                                                                                                                                                            science to the
                                     as defined by the claims. The        public’s benefit. Instead of a fence-   remains an art. e guidelines              art of claim
                                     public, aware of the exclusive
                                     territory, benefits by utilizing
                                                                          line creating an obvious boundary
                                                                          between the exclusive territory
                                                                                                                  instruct full use of the entire
                                                                                                                  intrinsic record – both the
                                                                                                                                                           construction.”
                                     the creative fodder remaining        reserved to the patentee and the        patent itself and the prosecution
A patent’s true value, to provide    outside the patent. Thus, new                                                file history.                        the Phillips decision will provide
exclusive territory via a time-      ideas flourish and science and                                                                                    a little more science to the art of
limited monopoly, rides on the       the useful arts progress.             “...creates a murky                    One guideline instructs              claim construction. Hopefully,
scope of its claims. An opinion
that, perhaps, will redefine the     Properly construing a claim,
                                                                               swamp of no-                       preservation of the validity
                                                                                                                  of claims. is requires
                                                                                                                                                       the awaited decision will not
                                                                                                                                                       prove the opposite: “Striving to
established guidelines of claim      however, requires overcoming              man’s land...”                     consistently construing claims       better, o we mar what’s well.”
scope interpretation is anxiously    inevitable ambiguities in the                                                according to their ordinary
awaited from an en banc sitting      claim language. Ambiguities          creative fodder remaining available     and customary meaning, as            About the Author
of the Court of Appeals for          can occur when patent draers        to the public, it creates a murky       defined by those of skill in the     Peter A. Haas, a member of
the Federal Circuit (CAFC) in        attempt to fully describe novel      swamp of no-man’s land mired            art and in light of the intrinsic    the OSB, MBA YLS and Patent
Phillips v. AWH Corp., Nos. 03-      concepts with words and              between what clearly lies within the    record, including the language       Bar, practices IP-law with an
1269,-1286 (Fed. Cir. 2004) (Oral    two-dimensional black-and-           patent and what clearly lies outside.   of the claims themselves. e         emphasis on patent procurement
arguments heard in February).        white drawings. is process,                                                 patentee, however, may act as        and infringement opinions. More
To better understand the             however, is an art – words are       Minimizing this obscuring affect,       lexicographer and define a term      information about Mr. Haas, his
context of this anxiously awaited    paint on canvas, subject to the      a judicially created Doctrine of        contrary to or inconsistent with     practice, and representative fees
opinion, some nuances of claim       artist’s perspective – replete       Prosecution History Estoppel            the ordinary meaning. ese two,      can be found at www.FlatFee-IP.com.
construction are presented.          with human imperfections and         restricts claims to narrower            possibly opposing constructs
                                     incomplete understanding.            meaning based on the patentee’s         – the patentee as lexicographer
                                                                          activities during prosecution.          and the ordinary and customary
  “...name of the                    Recognizing that words may           Prosecution History Estoppel            meaning – introduce ambiguity
game is the claim...”                imprecisely define novel             arises when a claim is amended          in the claims.
                                     inventions, the judicially created   for any reason pertaining to
                                     Doctrine of Equivalents (DOE)        patentability – any reason that         e anticipated en banc decision
“e name of the game is the          attempts to provide fair scope       relates to statutory requirements to    in Phillips may address how
claim,” coined Federal Circuit       of protection to the patentee        obtain a patent. It does not create     to resolve certain aspects
Justice Giles Rich. e claim         as established in the claims.        a complete bar to all equivalents to    of this ambiguity including
determines the “metes and            is doctrine recognizes that a       the entire amended claim: Instead,      when it is appropriate to use




                                                                                           13
                                                                M u L T N o M A H              L A W Y E R



CLASSIFIEDS                                                                                                                          Collaborative
                                   LITIGATION ATTORNEY                 METRO, RFP #05R-1135-OMA                                      Family Law
Space                              Smith Freed & Eberhard,             Tort Counsel Services,                                        Professionals
                                   a growing, mid-sized,               Proposals due 3 p.m. June 15,                             Serving Oregon and SW Washington
DOWNTOWN PORTLAND                                                      2005, Request for Proposals.
                                   downtown Portland law
MORGAN BUILDING
                                   firm seeks an experienced
Two window offices ($755                                               The Office of Metro Attorney,
                                   litigation attorney with two-
and $930) available in                                                 a department of Metro, the
                                   five years’ experience in
well appointed suite with
five existing attorneys.
                                   complex personal injury             regional government providing          Collaborative Family Practice
                                   litigation. Applicants must         services in Multnomah,
Congenial atmosphere. Share
receptionist, conference room,
                                   have exceptional academic           Clackamas, and Washington                  2005 Basic Training
                                   credentials, excellent client       counties, is requesting written
kitchen, copier and fax. DSL
                                   communication skills and            proposals for Tort Counsel
                                                                                                                             May 20 & 21, 2005
capable. Space for secretary/                                          Services to be utilized on an as-
                                   strong written and oral                                                      Collaborative Practice is an innovative approach to the
legal assistant. Walking                                               needed basis. Contract period
                                   advocacy skills. Oregon bar                                                practice of divorce and family law in which attorneys use
distance to courthouse. Call                                           will be approximately July 1,
                                   required. Please send cover
David at 503.295.3025.                                                 2005 through June 30, 2008.             cooperative strategies rather than adversarial techniques
                                   letter, resume and class
                                   standing to: Office Manager,                                              and litigation to resolve conflicts. Recently featured on the
CITYSCAPE VIEW
                                   Smith Freed & Eberhard,             RFP documents may be                      Today Show, many see it as the wave of the future in
From the top of the historic                                           obtained beginning June
                                   PC, 1001 SW 5th Ave, 17th                                                                    family law. CLE Credit
American Bank Building (621                                            1, 2005, by contacting the
                                   Floor, Portland OR 97204.                                                      Call Katie at 503-232-9922 for info or to register.
SW Morrison, 14th Floor).                                              Office of Metro Attorney at
                                   For more information, visit
One or two large offices (18                                           503.797.1529 weekdays 8
                                   smithfreed.com.
x 13) and (9x19) available,                                            a.m. to 5 p.m. Contact for
with three large windows that                                          this RFP is Kathryn Wilson.
                                   ASSISTANT GENERAL
open, overlooking Pioneer                                              Proposals are due no later
                                   COUNSEL
Square. Rent includes shared                                           than 3 p.m., June 15, 2005 at
                                   Legacy Health System,
reception, phone system,                                               the Metro Regional Center.
                                   located in Portland, Oregon,
conference rooms, mail/
                                   is currently recruiting for an
production room, kitchen.                                              Metro extends equal
                                   Assistant General Counsel to
Extra storage room available.                                          opportunity to all persons and
                                   join our in-house legal team.
Secretarial space possible.                                            specifically encourages minority
                                   This position will primarily
Some overflow for the right                                            and women-owned businesses
                                   focus on employment and
person. Contact Goldberg                                               to access and participate in
                                   benefit issues and will be the
Mechanic at 503.224.2372.                                              this and all Metro projects,
                                   liaison to outside counsel
                                   on ERISA, benefits issues           programs and services.
DOWNTOWN PORTLAND
610 SW Alder #1000, $650;
                                   and employment litigation.
                                                                       ESTABLISHED WEST
                                                                                                                                                    ����������
                                   Additionally, this position
13x14 window office incl.
phone, voice mail, email,
                                   will work with the in-house         COAST FIRM                                                           ������������������
                                   purchasing on acquisition           Seeking to expand its new
fax, copier, conf. room,
                                   of medical equipment and            Portland office with the                                                 �������������
kitchenette. Share with                                                addition of an experienced
three experienced lawyers.
                                   supplies and the in-house
                                   Information Resource                (five+ years) civil defense
                                                                                                                                            ������������������
Secretarial space not
available. Call Shirley at
                                   Department on acquisition of        trial attorney. Areas of law                                                 �����������
                                   software and hardware.              include employment, directors
503.295.2425.                                                          and officers, commercial
                                   Candidates must have a law          litigation and toxic torts.
Positions                          degree and two-five years           Great opportunity to become
                                                                       a leader of an office for a
                                                                                                               TEMPORARY & PERMANENT PLACEMENT
                                   of legal experience working
Available                          with employment laws and
                                   regulations, including ADA,
                                                                       successful, growing California
                                                                       based firm with increasing
                                                                                                              LEGAL NORTHWEST
BUSINESS ASSOCIATE                 ADEA, FMLA, and civil rights        business in the Northwest.
Garvey Schubert Barer,
with offices in Portland,
                                   statutes as well as experience
                                   working with intellectual
                                                                       Send your resume to MBA
                                                                       Blind Box 1129, 620 SW 5th
                                                                                                             STAFFING SPECIALISTS
Seattle, Wash. D.C., New           property issues and Article         Ave Ste 1220, Portland OR
York and Beijing, seeks an         Two of the UCC.                     97204, or by Word attachment
associate for its business                                             to mba@mbabar.org.
practice in Portland, Oregon.      Legacy Health System is a
Position offers opportunity for    highly regarded nonprofit
challenging work in a collegial    healthcare organization that        Services                             ����������������
environment. Minimum three         includes five hospitals, a
years’ experience in general                                           CONTRACT ATTORNEY                    ����������������
                                   home healthcare agency, a
corporate and business             research facility, and several      Eighteen years’ civil litigation     ���������������
transactional matters; tax         clinics and laboratories serving    experience. Research,                �����������������������
experience necessary and           the Portland/Vancouver              pleadings, motions and trial
                                                                       prep. Portland area office.          ����������������������
securities law experience          metropolitan areas. Portland is
a plus. Applicants must            nationally recognized as one        PLF insured. Lisa Day
have excellent writing             of the most livable cities in the   503.722.9040.
and analytical skills, top         country, with a mild climate,
academic credentials, and a        diverse outdoor activities,         ATTENTION,
commitment to excellence.                                              OVERWORKING                              OVER 300 LAW FIRMS RELY ON US
                                   excellent restaurants and ample
Please reply in strict             cultural opportunities.             ATTORNEYS                                        STAFFING PARTNER TO THE
confidence to Leslie Zochert,                                          Contract attorney drafts
Garvey Schubert Barer, 121         Candidates may email a              your pleadings, motions,
SW Morrison, 11th Floor,           resume to vowen@lhs.org. If         responses, legal research,
Portland OR 97204, fax             you have questions about this       trial prep. Over 15 years’
503.226.0259, email address:       position, please contact Vicki      experience, over 600 projects
lzochert@gsblaw.com.               Owen at 866.888.4428, ext 6.        fed and state. Excellent
                                   AA/EOE.                             references. Katherine Foldes
ASSOCIATE                                                              kfoldes@easystreet.com or
Small, AV rated defense firm       ASSOCIATE ATTORNEY                  503.641.7010.                       CONTINUING LEGAL                  PROFITUSA, INC.
seeks litigation associate with    NEEDED                                                                  EDUCATION - MEDIATION             Law office start up. Monthly
two to five years’ experience.     San Francisco based civil           CONCERNED ABOUT HOW                 TRAINING                          Financials. Asset valuation
Our practice focuses on            litigation law firm seeks           WELL YOUR CLIENT WILL DO?           BasicPlus Mediation Skills,       for various legal processes.
personal injury defense in         highly professional associate       How will your client do on the      May 11-12-13, 16-17, 2005.        Trust account requirement
areas of trucking, product, and    to assist litigation practice       stand or in depo? Attorney          Has been approved for 36          compliance. Account
premises liability. Excellent      in Portland. Oregon and             with 10+ years’ experience          CLE credits (2 Diversity, 1.5     processing. Professional
writing skills required. Federal   Washington licensed attorney        in client preparation               Ethics). Advanced Workplace       – Confidential – Background
court experience preferred.        preferred. Regular client           and communication                   Mediation, October 27-28,         checked – Attorney references
Oregon admission required,         contact and analytical              issues – ADD, fearful or            2005. Trainers: Mary C. Forst,    available. Call 503.887.6143.
and Washington admission           reporting required. Trial           angry clients. Excellent            JD, and Laurel Singer, MS,
is a plus. Send cover letter,                                          references. Katherine Foldes        LPC. Confluence Center
resume, and short writing
                                   experience is a plus. Please
                                   forward cover letter and            kfoldes@easystreet.com or           for Mediation & Training          Miscellaneous
sample via mail or email to        resume to careers@jackson           503.641.7010.                       – Mary Forst Associates.
Wade Keenon, wkeenon                                                                                       503.243.2290,                     RECREATIONAL RENTAL
                                   wallace.com, or by facsimile                                                                              Detroit Lake cabin, on lake.
@gilroylawfirm.com, The            to: Mrs. Gabriel Jackson,                                               www.ConfluenceCenter.com.
Gilroy Law Firm, PC, 5100                                                                                                                    cthomasdavis@earthlink.net.
                                   Jackson & Wallace LLP,
SW Macadam Ave Ste 240,            415.659.9551.
Portland OR 97239.
                                                                                      14
                                                                           M A Y    2 0 0 5




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                                                                  M u L T N o M A H               L A W Y E R


MBA Past Presidents Meet
A social event is held annually for the MBA past presidents. is year’s social was held on March 30 at the Governor Hotel. It was a great time for everyone to catch up with each
other and reminisce.




                                                                                                                                                   MBA Executive Director Judy
                                                                                                                                                   Edwards and Past Presidents Jack
                                                                                                                                                   Faust (1974-75) and Walter Sweek
                                                                                                                                                   (1988-89)
Past Presidents Lynn Nagasako (1995-96) and Randall Kester (1956-57)     Past Presidents Michael Schrunk (1984-85), Robert Newell (2002-03),
                                                                         omas H. Tongue (1976-77) and Michael Greene (2001-02)




                                                                                      16

								
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