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The Oregon State Bar Bulletin (ISSN 0030-4816) is the official publication of the Oregon State Bar. The Bulletin is published 10 times a year (monthly except bimonthly in February/March and August/September) by the Oregon State Bar, 16037 S.W. Upper Boones Ferry Road, Tigard, OR 97224. The Bulletin is mailed to all membersa of the Oregon State Bar, a portion of the dues for which is allocated for the purpose of a subscription. The Bulletin is also available by subscription to others for $50 per year, $90 per two years, within the United States. Individual copies are $5; back issues are $5 each, when available.
NOVEMBER 2017 The Sporting Life Roles for Attorneys in a Multibillion-dollar Market |
OREGON STATE BAR BULLETIN NOVEMBER 2017 VOLUME 78 • NUMBER 2 iStock.com/efks The sports market is booming, bringing an expanding array of opportunities for attorneys. Writer Melody Finnemore examines sports law practice in Oregon and the state of education programs aimed at the next generation of sports lawyers. FEATURES The Oregon State Bar Bulletin (ISSN 0030-4816) is the official publication of the Oregon State Bar. The Bulletin is published 10 times a year (monthly except bimonthly in February/March and August/ September) by the Oregon State Bar, 16037 S.W. Upper Boones Ferry Road, Tigard, OR 97224. The Bulletin is mailed to all members of the Oregon State Bar, a portion of the dues for which is allocated for the purpose of a subscription. The Bulletin is also available by subscription to others for $50 per year, $90 per two years, within the United States. Individual copies are $5; back issues are $5 each, when available. Periodicals postage paid at Portland, Oregon 97208. POSTMASTER: Send address changes to Oregon State Bar, P.O. Box 231935, Tigard, OR 97281-1935. 17 The Sporting Life Roles for Attorneys in a Multibillion-dollar Market By Melody Finnemore 22 Start Me Up Small-business Attorneys Reveal Entrepreneurial Trends –Their Clients’ and Their Own By Cliff Collins COLUMNS 9 Bar Counsel Improving System Efficiency: Bar Discipline Process Changes Jan. 1 34 By Dawn Evans and Mark Johnson Roberts Legal Practice tips Make Your (Power) Point: Slides Should Reinforce Your Message, Not Serve as a Handout 13 The Legal Writer Casting the Dice: The Definitive Definition of D Words By Lora Keenan and Alix Devendra 62 Parting Thoughts Survivors and Offenders By Judith Armatta By Suzanne E. Rowe 28 Profiles in the Law Appreciate the Advantages: Robyn Ridler Aoyagi Shares How Expectations, or Lack of Them, Can Shape a Life By Melody Finnemore DEPARTMENTS 5 Letters 7 Briefs 32 OSB CLE 38 Bar News 42 Bar Actions Discipline 46 Bar People Among Ourselves Moves In Memoriam Lawyer Announcements 54 Classifieds 59 Attorneys’ Marketplace |
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LETTERS iStock.com/olegganko Despite these findings, and with no findings in mitigation, the trial panel rec- ommended and the court ordered that the defendant be suspended for a period of two years. In my opinion, the Oregon Supreme Court’s order is an insult to all of the hard-working members of the bench and bar who carry on the business of the pro- fession in an ethical manner. It is also a disservice to the public to have this per- son remain a member of the bar. Unfor- tunately, the order is also yet another display of the court’s unwillingness over the years to rid the profession of those who refuse to follow even the most basic ethical tenets. Jim Hargreaves, Eugene Disappointed in Discipline The disciplinary case of In Re Kirchoff, (61 Or 712) was published by the Oregon Supreme Court on Aug. 3, 2017. The matter involved allegations that the ac- cused lied to opposing counsel, a trial court judge and the disciplinary trial pan- el and also fabricated an email to support those lies. The court found that the defendant had “…violated RPC 3.3(a)(1) (making a false statement of fact or law to a tribu- nal or failing to correct a false statement of material fact or law previously made to the tribunal by the lawyer); RPC 3.4(b) (falsifying evidence); RPC 8.4(a)(3) (engaging in conduct involving dishon- esty, fraud, deceit, or misrepresentation that reflects adversely on the lawyer’s fit- ness to practice law); and RPC 8.1(a)(1) (knowingly making a false statement of material fact in connection with a disci- plinary matter).” Early Look at BigLaw For most of my legal career I’ve worked in small law firms, and beginning in the early 1980s I began representing clients in international disputes. I was first introduced to “BigLaw” at the worldwide headquarters of Skadden Arps in New York City in 1994. A client wanted to collect a large U.S. money judgment against a German domestic company. After my discussions with four American firms with European offices, the client invited me to attend a meeting in New York with Skadden Arps. During the first day, we were given a tour of the office and the scope of Skadden’s worldwide legal services. Skadden had hundreds of lawyers and offices in many of the major political and financial centers of the world. The New York office and many foreign offices were staffed 24/7 to provide domestic and international legal services. Attor- neys worked in shifts around the clock, sharing offices and “partner desks.” Only senior partners had private offices. Cli- ent meetings were held throughout the building in conference rooms, most fur- nished with audio-visual equipment. The communication center was staffed with telephone receptionists, many fluent in more than one language. Skadden’s le- gal library included both domestic and foreign volumes, and the firm had a pro- gram to convert to “computer-assisted” legal research. The “secretarial pool” was an international document fulfillment center with multi-lingual interpreters, document translators and typists, high- speed printers, binding machines, dupli- cating equipment and world-wide deliv- ery services. Looking back, Skadden was significantly ahead of the BigLaw curve in 1994. Since 1994, I’ve had the pleasure of working with Skadden and other BigLaw firms, including Baker McKenzie and some foreign firms. I’ve found that local “LittleLaw” can work well with interna- tional BigLaw. Lew E. Delo, Beaverton Farewell to Castro Regarding Paul Crowley’s piece in the August/September 2017 issue of the Bulletin titled “Hello and Goodbye: Visit- ing Havana at a Key Moment,” I’d like to suggest that Mr. Crowley read the chapter on Latin America in Stéphane Courtois’ The Black Book of Communism: Crimes, Terror, Repression (Harvard University Press 1999). That chapter explores Mr. Castro’s decades-long reign of violence, cruelty and oppression over the people of Cuba. Farewell, indeed. Patrick J. Charles, Spokane, Wash. HOW TO REACH US: Call (800) 452-8260, or in the Portland area call (503) 620-0222. Email addresses and voicemail extension numbers for Bulletin staff are: Julie Hankin, editor, jhankin@osbar.org (ext. 391); and Spencer Glantz, classified ads and lawyer announcement ads, advertising@osbar.org (ext. 356). Call or email Spencer Glantz for rates and other details. The fax number is (503) 684-1366. DISPLAY ADVERTISING: For display advertising rates and information, contact LLM Publications at (503) 445-2240 or Law@llmpubs.com; or visit their website at www.llmpubs.com. NOVEMBER 2017 • OREGON STATE BAR BULLETIN 5 |
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BRIEFS iStock.com/venimo live online at the Queen’s Bench Face- book page. A panel discussion on the le- gal needs of Oregon veterans will feature lawyers who are veterans themselves, moderated by Barran Liebman Execu- tive Director Traci Ray. Speakers will address veteran homelessness and access to legal services, the use of veteran courts in Oregon and other issues facing those returning from war. Queen’s Bench monthly lunches are open to all, including kids and babies. Attendees may bring their own lunch at no cost or order bag lunches when registering at www.owlsqueensbench.org/ monthly-luncheons.html. Disaster Relief Resources Lawyers have been asking how they can help people affected by recent natural disasters. A list of links to volunteer in- formation, trainings and places to donate in support of disaster legal help in Puerto Rico, Florida and Texas is available at www.osbar.org/probono. Mock Trial Coaches Sought The Classroom Law Project is recruit- ing attorneys and others interested in coaching Mock Trial teams in schools throughout Oregon. The teams meet and practice in January and February; regional competitions statewide are March 3. Most teams meet a minimum of once a week for three hours, but practice times are flexible and are chosen by each coach. The state competition will be held March 16-17 in Portland. For more information, contact Denise Dodson at ddodson@classroomlaw. org before Dec. 1. Nov. 14 Queen’s Bench Lunch Addresses Veterans The monthly lunch meeting of Queen’s Bench, Multnomah County’s chapter of Oregon Women Lawyers, will be held Nov. 14 at noon at the federal courthouse in Portland and streaming Bench Bar & Bagels Social Event is Nov. 16 The Multnomah Bar Association in- vites all Oregon lawyers to the ninth an- nual Bench Bar & Bagels from 7:30 to 8:30 a.m. Thursday, Nov. 16, at Tonkon Torp in Portland. Attendees will join col- leagues and members of the judiciary for a social event that includes light break- fast and coffee. This event is offered at no cost to MBA members and judges and is $10 for nonmembers. Email Kathy Modie at kathy@mbabar.org to RSVP. CEJ Central Oregon Luncheon is Nov. 17 The Campaign for Equal Justice will host a central Oregon luncheon at the Bend Golf & Country Club from noon to 1 p.m. on Friday, Nov. 17. There is no charge to attend this event, and the entire legal community is invited to support le- gal aid. If you would like to attend, RSVP via email to office@cej-oregon.org. Queen’s Bench Holiday Luncheon is Dec. 12 The Queen’s Bench 2017 holiday lun- cheon will be held Tuesday, Dec. 12, at the Sentinel Hotel in downtown Portland. The program will be a presentation by the Hon. Anna J. Brown on “144 and Count- ing: The Stories of Some Oregon Women in State and Federal Judicial Service.” To register for the luncheon, visit www. owlsqueensbench.org/holiday-luncheon.html. Tickets are $30 until Nov. 15, $35 after that date. Multnomah Procedural Justice CLE is Dec. 15 The Multnomah Bar Association will host a free CLE on Dec. 15: “Lunch and Learn: Procedural Justice and the New Courthouse.” From noon to 1 p.m. in the Multnomah County Courthouse jury room, attendees will hear Presid- ing Judge Nan Waller, Chief Family Law Judge Maureen McKnight and attorney Joe Franco discuss the court’s procedural By the Numbers Oregon Billable Hours, Payment Trends Clio’s 2017 Legal Trends Report highlights billing and payment trends among U.S. attorneys. The report breaks down trends by region, provid- ing some numbers about Oregon lawyers. On average: 30% Portion of eight-hour day spent on billable work 85% Amount of billable work actually invoiced 90% Portion of invoiced hours that are eventually paid by clients 23% Portion of attorneys’ day (less than two hours) that produces income for the firm Source: www.clio.com/2017-legal- trends-report. NOVEMBER 2017 • OREGON STATE BAR BULLETIN 7 |
Quotable “It’s inspiring to witness Oregon’s judiciary become more reflective of the communities we serve.” — Multnomah County Circuit Judge Adrienne Nelson, on swear- ing in Ulanda Watkins as judge of Clackamas County Circuit Court. Judge Watkins is only the third black female judge in Oregon history. The first was Judge Mercedes Deiz in 1969, who was followed by Judge Nelson in 2006. November 2017 Editor Julie A. Hankin Publisher Anna Zanolli Art Director Sunny Chao OSB Officers President justice initiatives and the ways the new courthouse was designed to enhance pro- cedural justice. RSVP to Pamela Hubbs at pamela@mbabar.org. Trial Court Rules Committee Openings The Uniform Trial Court Rules com- mittee seeks attorneys with significant tri- al experience in general civil law, probate law and criminal prosecution to fill three positions. These are volunteer positions with appointment made by the chief jus- tice of the Oregon Supreme Court. To apply, send a resume and cover letter describing your law practice, areas of expertise, qualifications, rulemaking experience and involvement in similar groups to bruce.c.miller@ojd.state.or.us or Bruce C. Miller, Office of the State Court Administrator, Supreme Court Building, 1163 State St., Salem, OR 97301. The application deadline is Dec. 15. The committee is an advisory group to the chief justice that makes recommenda- tions on the UTCR and Supplementary Local Rules. It meets twice a year, in the fall and spring, in Salem. Members work with judges, attorneys and court person- nel from across the state on issues that directly affect litigation practice. More information is at www.courts.oregon.gov/ programs/utcr/Pages/currentrules.aspx. Michael D. Levelle, Portland President-Elect Vanessa A. Nordyke, Salem Immediate Past President Ray Heysell, Medford Board of Governors John R. Bachofner, Vancouver, Wash. Whitney P. Boise, Portland James C. Chaney, Eugene Christine R. Costantino, Portland Eric R. Foster, Medford Robert J. Gratchner, Portland Guy B. Greco, Newport Johnathan E. Mansfield, Portland Eddie D. Medina, Hillsboro Thomas Peachey, The Dalles Per A. Ramfjord, Portland Kathleen J. Rastetter, Oregon City Liani JH Reeves, Portland Julia C. Rice, Salem Traci Rossi, Portland Kerry L. Sharp, Lake Oswego Elisabeth Zinser, Ashland Executive Director Helen Hierschbiel Communications Director M. Kay Pulju Copyright © 2017 the Oregon State Bar. All rights reserved. Requests to reprint materials must be in writing. The Bulletin is printed on recycled/recyclable paper. 8 OREGON STATE BAR BULLETIN • NOVEMBER 2017 |
BAR COUNSEL Bar Discipline Process Changes Jan. 1 Improving System Efficiency By Dawn Evans and Mark Johnson Roberts New Adjudicator to Serve as Chair The most visible change to Oregon’s attorney discipline system will be the addi- tion of a salaried adjudicator who will serve as the presiding officer of the disciplinary Terminology Updated Some key terminology has been up- dated, and definitions have been added. For example, the lawyer who is accused of misconduct is now called “respon- iStock.com/Tres_Amigos or many years, we have heard the same complaint about the Oregon State Bar’s disciplinary system: It takes too long. Many committees and task forces have reviewed the system, and changes, such as the creation of the OSB Client Assistance Office, have addressed some of those complaints. While they rep- resented improvements, the changes did not necessarily make the process faster. Finally, following a multi-year review (see sidebar), we will be seeing significant changes starting Jan. 1. This column out- lines a number of changes to the OSB Rules of Procedure intended to make the process more consistent and more effi- cient — with a goal of resolving matters as quickly as possible without sacrificing the quality of investigation or the due process afforded the participants. board. 1 He or she will chair all disciplinary board hearing panels (unless disqualified for cause). On each trial panel, the adjudi- cator will sit with both a volunteer lawyer and nonlawyer disciplinary board member. As chair, the adjudicator schedules the hearing, addresses any prehearing mat- ters, presides at the hearing and authors all trial panel opinions in which he or she votes with the majority. The adjudicator will also perform many functions currently performed by the state chairperson of the disciplinary board. He or she will preside in several types of special proceedings former- ly filed in the Oregon Supreme Court but now to be filed with the disciplinary board clerk. The adjudicator will be appointed by the Oregon Supreme Court and be an em- ployee of the bar. The rest of the trial panel composition remains unchanged. To the extent that local practice and custom may play a role in assessing a lawyer’s conduct, the second lawyer member of a trial panel will con- tinue to be a person from the region where the case is being heard. And including a nonlawyer member retains the public’s participation in regulating lawyer conduct. Several other changes are intended to address concerns that the disciplinary pro- cess takes too long. Under the new rules, disciplinary counsel must seek the ap- pointment of a trial panel within 30 days from the filing of an answer; procedures are established for when a trial panel de- lays too long in issuing an opinion; and the deadline to seek an Oregon Supreme Court review of a trial panel decision has been shortened from 61 to 31 days. F dent” instead of “accused.” This wording is more neutral and consistent with the terminology used by most other bars. The word “senility” has been replaced with “diminished capacity.” Two new terms How We Got Here Starting in 2013, the Oregon Supreme Court asked the American Bar Association to examine and re- port on the structure, operations and procedures of Oregon’s lawyer discipline system. Such reviews are conducted by the ABA Standing Committee on Professional Disci- pline. Oregon’s review was focused on identifying strengths in the sys- tem and opportunities to improve efficiency and outcomes. The ABA committee’s exami- nation took place in June 2014, and a final report was issued that fall. Following the ABA’s report, the OSB Board of Governors created a special committee comprising 23 Oregon bar members who worked frequently with legal ethics issues. The OSB committee studied the ABA’s recommendations, further reviewed the Oregon process and made recommendations of its own. Those recommendations were ac- cepted in part and rejected in part by the OSB Board of Governors in March 2016. The Oregon Supreme Court issued an order on May 3, 2017, implementing the board-ap- proved changes, which will become effective Jan. 1, 2018. See www. publications.ojd.state.or.us/docs/ RULE239.pdf NOVEMBER 2017 • OREGON STATE BAR BULLETIN 9 |
differentiate between matters that are re- ceived and reviewed by the OSB Client Assistance Office — termed an “inquiry” — and those investigated by disciplinary counsel — called a “grievance.” Clarifying Disciplinary Counsel’s Role Some of the OSB Disciplinary Coun- sel Office’s authority will be broadened in a quest for more efficient resolutions. Beginning in January, the bar’s disci- plinary counsel will be able to negotiate and enter into a diversion agreement with a respondent without first obtain- ing authority from the State Profes- sional Responsibility Board (SPRB). 2 Additionally, disciplinary counsel will be able to initiate an interim suspension proceeding based upon certain types of criminal convictions or a reciprocal discipline proceeding based upon a law- yer’s discipline in another jurisdiction without first obtaining direction from the SPRB to do so. The new rules retain the existing re- lationship between disciplinary counsel and the State Professional Responsibility Board, which requires disciplinary coun- sel to secure authority from the board to file a formal proceeding against, and to effectuate a settlement with, a lawyer ac- cused of misconduct. Emergency Suspensions Also revamped is the rule governing temporary suspensions based upon exigent circumstances and pending the outcome of a disciplinary proceeding. The revised rule empowers disciplinary counsel to ini- tiate a proceeding based upon a determi- nation that 1) there is probable cause to believe a lawyer has engaged in miscon- duct; 2) disciplinary counsel has evidence sufficient to establish a probable violation of one or more rules of professional con- duct; and 3) disciplinary counsel reason- ably believes that clients or others will suffer immediate and irreparable harm by the lawyer’s remaining in practice during the litigation. Proof is by clear and convincing evi- dence. The required risk of irreparable harm may include establishing, for exam- ple, that, within the preceding 12-month period, the lawyer has engaged in the theft or conversion of funds held in any fiduciary capacity; has failed three or more times to 10 OREGON STATE BAR BULLETIN • NOVEMBER 2017 |
appear in court on behalf of a client not- withstanding having notice of the setting; or has abandoned the practice, having not provided a new location or contact infor- mation to three or more clients. If an interlocutory order is entered, it will expire after 45 days unless the State Professional Responsibility Board autho- rizes the filing of a formal complaint based upon one or more acts that were described in the petition seeking an interim suspen- sion. If a qualifying State Professional Re- sponsibility Board vote to authorize a for- mal proceeding precedes the entry of the interlocutory order, or takes place within the 45-day period following entry of the in- terlocutory order, the interlocutory suspen- sion remains in place pending the further order of the court. Any formal proceeding predicated on such conduct must proceed to hearing on an accelerated basis. The old rule requires a two-thirds vote of the State Professional Responsibility Board to authorize seeking an interim sus- pension. As can be seen, the new rule rec- ognizes that exigent circumstances might necessitate seeking relief before a meeting of the board can be convened, but none- theless involves the board in assuring that the alleged conduct meets the probable cause standard for bringing a formal com- plaint, albeit after the interim relief has been obtained. Reciprocal Discipline Beginning in January, the rule gov- erning reciprocal discipline provides for a rebuttable presumption that the lawyer receive discipline equivalent to what was imposed in the other jurisdiction. Disci- plinary counsel may seek a greater sanc- tion by giving notice of an intention to do so in the pleading. Also, the Oregon Su- preme Court still retains the ability, upon de novo review, to impose the discipline it thinks appropriate to the situation. In default circumstances, the adjudi- cator will preside. The adjudicator may enter judgment based upon the record of the other jurisdiction’s judgment. Where an answer is filed, the adjudicator may rule based upon the petition, answer and any supporting documents filed by either side or may order that testimony be taken based upon one or more of the defenses raised. 3 If a hearing will take place, a sec- ond lawyer and a nonlawyer member of NOVEMBER 2017 • OREGON STATE BAR BULLETIN 11 |
the disciplinary board will serve on a trial panel chaired by the adjudicator. Appointment and Challenges Under the existing system, members of the State Professional Responsibility Board are appointed by the OSB Board of Governors and are limited to serving a single four-year term. Under the new rules, the board members will be appoint- ed by the Oregon Supreme Court. Former board members will have the opportunity to be reappointed to serve a nonconsecu- tive four-year term. The eight lawyer members represent geographic regions within Oregon, two of which are from Re- gion 5; the public members are at-large. Housekeeping Changes In an effort to bring consistency to the process of an attorney’s winding down of a practice when disciplined, language has been added that requires the notification of clients, opposing parties, courts and others when a lawyer is suspended, dis- barred or resigns, leaving no other active member of the bar who, with the client’s consent, will resume responsibility for the client’s legal matter. Various other provisions that can be described as either clarifying or “house- keeping” measures include a requirement that anything to be filed with the state supreme court comply with the Oregon Rules of Appellate Procedure; a provision that permits by agreement the service of any document other than the formal com- plaint and the answer via email; addition- al language clarifying the adjudicator’s ability to convene and conduct a prehear- ing conference; and language clarifying that the bar rules govern disciplinary pro- ceedings except to the extent that other rules or statutes are cross-referenced. A “redlined” version of the bar Rules of Procedure is attached to the Oregon Supreme Court’s order found at www.pub- lications.ojd.state.or.us/docs/RULE239.pdf. As of Jan. 1, 2018, these amended rules will pertain to all bar disciplinary matters pending at any stage of the process other than those formal proceedings for which a trial panel has been appointed as of Dec. 31, 2017. Bar staff recognizes that implementing the new bar rules will require a learning process and that we will need to com- municate clearly during the transitions. 12 OREGON STATE BAR BULLETIN • NOVEMBER 2017 Members are encouraged to direct any questions about the impact or scope of the new rules to the bar general counsel’s of- fice or disciplinary counsel’s office. Endnotes 1. A second change of mostly historical inter- est is the elimination of the local profes- sional responsibility committees (LPRCs), which have seen little use in recent years. 2. Diversion allows a lawyer, in an appropriate case, to participate in a remedial program for a period of time rather than being disciplined. 3. BR 3.5(c) permits three defenses: 1) that the procedure in the jurisdiction which disciplined the attorney was so lacking in notice or opportunity to be heard as to constitute the deprivation of due process; 2) that the conduct for which the attorney was disciplined in the other jurisdiction is not conduct that should subject the attor- ney to discipline in Oregon; or 3) that the imposition of a sanction equivalent to the sanction imposed in the other jurisdiction would result in grave injustice or would be offensive to public policy. An annotated description of the rules changes is available at www.osbar.org/_docs/ rulesregs/rulesofprocedure_2018changes. pdf. Ethics opinions are published and updated on the bar’s website at www.osbar.org/ethics/ toc.html. An archive of Bar Counsel columns is available online at www.osbar.org/ethics/ bulletinbarcounsel.html. Dawn Evans is disciplinary counsel and director of regulatory services for the Oregon State Bar. She can be reached at (503) 431- 6319 or devans@osbar.org. Mark Johnson Roberts is deputy gen- eral counsel for the Oregon State Bar. He can be reached at (503) 431-6363 or mjohnsonroberts@osbar.org. |
THE LEGAL WRITER The Definitive Definition of D Words Casting the Dice By Suzanne E. Rowe iStock.com/arthobbit than “the die was cast.” I grew up thinking that die was singular (not only because we each do it just once) and dice was plural. That was then. My favorite dictionary informs me that the word dice is now both singular and plural. I still cringe myself, and I greatly prefer “The die was cast,” the Latin ver- sion of which was purportedly spoken to Caesar back in 49 B.C. In whichever lan- guage and whether you prefer dice or die, the phrase means you’ve passed the point of no return. T he newest book in Sue Grafton’s alphabet series is titled Y is for Yes- terday. While I wait for it to ap- pear on my library’s “Lucky Day” shelf, I marvel that she has published 25 books, moving faithfully from A to Y, in order. In contrast, I have moved randomly through the alphabet writing articles for The Legal Writer. In case anyone’s keep- ing track, I’ve written articles about fas- cinating words beginning with C, F, G, H, I, P, R, T and V. 1 I thought briefly of writing a Y article in honor of Grafton’s latest book, but my favorite dictionary had just nine pages of Y words, and few of them would ever show up in legal writ- ing. (I was, nonetheless, rather amused by yabber, yammer and yech.) Deflated, I flipped back randomly and the dictionary fell open to D. The dice was cast. Dice vs. Die Careful readers of a certain age might have cringed that I ended the previous paragraph with “the dice was cast” rather Data vs. Datum Speaking of Caesar, datum is dated. If you studied Latin or the sciences, you might remember that datum is singular, while data is plural. Then, you might in- sist that datum gets a singular verb like is, while data gets a plural verb like are. You might feel quite comfortable with “datum is.” You might balk at “data is” and insist on “data are.” Sadly, you would be in the minority among modern speakers of English. Data is now used as a mass noun, meaning that it takes a singular pronoun. Before you revolt, compare data to information, an- other mass noun. “Information is widely available” sounds fine, so why not “Data is widely available”? Decimate I hope that this word does not come up in your legal writing, but the deriva- tion was too fascinating to leave out. Re- member learning decimals? They are part of a number system based on ten, tens and tenths. Following the logic of tens, deci- mate historically meant to kill one per- son of every 10. And, technically, that’s better than the current definition, which means to kill just about everyone. Definite vs. Definitive Some people equate more syllables with erudition. In the case of definite and definitive, the extra syllable creates a new word, not an elaborate form of the shorter word. Definite means “clearly stated or de- cided.” The litigation team should have a definite strategy. Definitive means “reached decisively and with authority.” The city council can have a definitive plan for the homeless situation. In the best of all worlds, the Supreme Court writes opinions that are both definite and definitive. Defendant and Plaintiff We all know who the plaintiff and the defendant are, but when does “the” precede them and when are the words capitalized? According to the Oregon Appellate Courts Style Manual, “when a word indicating a party’s role in the lower proceeding or on appeal or review is used as a substitute for the party’s name, the definite article ‘the’ is not used.” The examples throughout the Oregon manual use lowercase, except when the word be- gins a sentence. 2 Defuse vs. Diffuse Defuse means just what it looks like: de-fuse, to take the fuse out. I remember tense scenes in “The English Patient,” as the sapper defused bombs. Defuse can also apply to tense situations themselves; my friend making a joke during those scenes in the movie got me to relax. Diffuse, as a verb, means “to spread over a wide area.” When used as an adjective, diffuse means both to be spread out widely and “lack- ing clarity or conciseness.” A diffuse argu- ment would be difficult for the judge to follow and might result in a definite and definitive judgment against you. NOVEMBER 2017 • OREGON STATE BAR BULLETIN 13 |
Salc-Ad_2016_sep28_FINAL_2-375x2-375.pdf C M Y CM MY CY CMY K 1 9/28/16 12:41 PM Dissociate vs. Disassociate Dissociate and disassociate mean the same thing: “disconnect or separate.” Because the latter term is a simple prefix added to mean the opposite (i.e., dis-as- sociate), I assumed it was the more com- mon. Nope. Disassociate is an alternative for dissociate, which is commonly used in the phrase dissociate oneself from, meaning “declare that one is not connected with or a supporter of (someone or something).” Depend on It When speaking casually, we sometimes omit the on after depends. My dictionary suggests that “it all depends how you look at it” is fine for speaking, but still encour- ages us to write “it all depends on how you look at it.” And curmudgeons like me are still allowed to use upon and write “it all depends upon how you look at it.” Disinterested vs. Uninterested My dictionary calls the difference be- tween disinterested and uninterested “one of the most contended questions of usage.” Don’t you just love that? Put simply, disinterested means “impar- tial” and uninterested means “not interest- ed.” Thus, when I grade my students’ pa- pers, I am disinterested, but when I teach them about passive voice, they are largely uninterested. The distinction is fading, however, and disinterest is increasingly used to mean uninterested. Thus, in the future, I’ll tell my students I am impartial, not that I am disinterested, because I am very interested in their writing. Dissent Next to this word, my dictionary has a picture of the late Justice Antonin Scalia. (Just kidding.) Due to the Fact That The problem with this common phrase is that it’s unnecessarily wordy. A simple because means the same thing as due to the fact that and lets you move more quickly to the reason, which is the point. We should all omit surplus words in our writing due to the fact that brevity is often clearer. Diddly-squat When speaking very casually, you might be tempted to say that your oppo- 14 OREGON STATE BAR BULLETIN • NOVEMBER 2017 |
nent doesn’t know diddly-squat. My dic- tionary says that term means “anything.” So far, so good. But the derivation of the term is so racy that I’m going to quote it verbatim: ORIGIN mid-20th cent.: probably from slang doodle “excrement” + squat in the sense of “defecate.” Where I come from, you’d best be careful saying someone doesn’t know diddly-squat. Them’s fightin’ words. Sources The New Oxford American Dictionary (3d ed. 2010) (aka “my favorite dictionary”). Endnotes 1. These articles are listed, with all other articles appearing in The Legal Writer over the past 11 years, in the OSB archive at www.osbar. org/publications/bulletin/legalwriterarchive. html. 2. Oregon Appellate Courts Style Manual, p. 103 (rev. 2017), at www.publications.ojd. state.or.us/docs/UpdatedStyleManual2002. pdf. The Bluebook’s examples are in accord with the Oregon guidance of using the only for parties in other cases. However, the Blue- book would capitalize parties’ procedural designations “when referring to parties in the matter that is the subject of your docu- ment.” The Bluebook: A Uniform System of Citation Rule B8 (20th ed. 2015). Suzanne E. Rowe is the James L. and Ilene R. Hershner Professor at the University of Oregon School of Law, where she directs the Legal Research and Writing Program. Be an Author The Bulletin is always on the lookout for quality manuscripts for publication on these pages. We publish articles on a wide variety of subjects and favor such topics as access to justice, legal funding, judicial independence, diversity in the profes- sion, professionalism and future trends. We also publish columns on ethics, practice tips (in specific areas of law), practice management and legal history, as well as essays on law and life. The editor welcomes inquiries. If you have a manuscript or idea, contact Julie Hankin at (503) 431-6391. She can also be reached by email at editor@osbar.org. NOVEMBER 2017 • OREGON STATE BAR BULLETIN 15 |
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The Sporting Life Roles for Attorneys in a Multibillion-dollar Market By Melody Finnemore S ports is big business, and revenues for both professional and collegiate athletics are growing. In North America alone, the sports market generated more than $67 billion in 2016 and is projected to reach $75 billion by 2020. Gate revenues, including ticket sales, and media rights agreements are the biggest drivers for the increase in revenue, at $18.7 billion and $18.2 billion, respectively. Sponsorships generated $16.3 bil- lion and merchandising netted $14 billion last year, according to PricewaterhouseCoopers, which explores the market in its report “At the gate and beyond: Outlook for the sports market in North America through 2020.” The National Collegiate Athletic Association (NCAA) gener- ated more than $871 million in 2011-12, the most recent year for which figures are available. The majority of that — 81 percent — came from the association’s rights agreement with Turner Broad- casting and CBS Sports. Most of the remainder was from champi- iStock.com/efks onships, including ticket and merchandise sales. NOVEMBER 2017 • OREGON STATE BAR BULLETIN 17 |
As the sports market continues to boom, an expanding ar- ray of opportunities is emerging for attorneys, reflected by the American Bar Association’s Forum on the Entertainment and Sports Industries. The forum offers 12 special interest divisions, including sports-related litigation, licensing, merchandising and branding and international law. The ABA’s International Legal Symposium on the World of Music, Film, Television and Sports, held in March in Florida, fea- tured topics such as conflicts of interest in sports law; collective bargaining in professional and collegiate sports and other labor- management issues in organized sports; athletes and their images, including how leagues handle issues such as domestic violence involving professional athletes; financial planning for athletes; and the future of augmented and virtual reality in sports. Sports Law Practices, Education Thrive in Oregon As home to several professional, semi-professional and col- legiate sports teams, as well as sports apparel corporations such as Nike, Adidas and Under Armour, Oregon is particularly fertile ground for sports law practices and education programs. Matt Levin, a shareholder at Portland’s Markowitz Herbold, handles sports marketing litigation for Adidas, including disputes over sponsorships and endorsements with athletes and organiza- tions. He also represents athletes in disputes with agents. Levin says he’s not a big sports fan, but when he moved to Oregon near- ly 20 years ago, the firm was hired by retired tennis champion Andre Agassi. “I got to know him and his people, and that exposed me to the world of sports law, and I loved it because sports law is also contract law” and myriad other aspects of business law, he says. “It includes interesting facts and interesting people, and that’s what drew me to the law, so it’s a perfect match.” 18 OREGON STATE BAR BULLETIN • NOVEMBER 2017 Levin says another compelling aspect of sports law is that he encounters a large range of personalities. “Some of the most brilliant people I’ve met have been sports agents, and I’ve also seen some of the worst, agents who don’t really have their clients’ interests at heart or agents who are not terribly good at what they do,” he says, even noting agents who steal from the athletes they represent. Levin’s practice includes some college-level sports law, in- cluding eligibility issues and what constitutes “amateurism” within NCAA guidelines. The college athletic association has sparked criticism in the debate about whether college athletes should be paid or at least receive a stipend for food, travel and other expenses beyond tuition. “Amateurism is a big trend in sports law, and I don’t think the NCAA’s objectives related to amateurism are realistic,” he says. With companies such as Adidas and Under Armour grow- ing and including in-house lawyers as part of their infrastructure, the job market for sports law in the Rose City is burgeoning. “I think Portland is becoming a bigger hub for footwear and sports apparel, and I think that bodes well for attorneys who want to practice sports law here,” Levin says. Also a professor at Lewis & Clark Law School, Levin often tells his students that in order to become a sports lawyer, they should first become a good lawyer with a strong, fundamental skill set and then direct those skills toward an area of law they are pas- sionate about. “For the most part, you’re just lawyering, so start out as a good lawyer,” he says. As Lewis & Clark Law School’s course description states, “Sports law is not a specific area or type of law, but rather a con- text in which to discuss many types of law.” Students delve into |
The Sporting Life intellectual property, ethics, contracts, antitrust issues and em- ployment law in professional sports, as well as NCAA issues and the business of sports — athletes, agents, leagues and marketing. The course combines discussions, guest lectures and student pre- sentations on a sports law issue of their choosing. Willamette University College of Law began publishing the Willamette Sports Law Journal in 2004 and highlights it as the first sports law journal in the Northwest. The student-run, on- line journal was published when fully staffed each fall and spring through spring 2016. It provided students, educators, practitio- ners and other enthusiasts with commentary and analysis about the evolving field of sports law, with a specific focus on how the law affects leagues, players, colleges and fans. Article topics ranged from Title IX to torts in sports to antitrust and labor law issues, according to the college. iStock.com/peppi18 UO Fosters National, International Perspectives In Eugene, also known as TrackTown USA, the University of Oregon’s sports law program enjoys international recogni- tion, in part because of its Oregon Law Summer Sports Institute (OLSSI). Robert Illig, the institute’s faculty director, says the initia- tive to start the five-week program began about five years ago, when the law school experienced some changes in personnel and the new leadership conducted a self-analysis of its business law offerings. Illig and several of his colleagues had practiced in New York City and other large markets, and agreed that the way the courses were taught needed to change. “Law school is taught in silos. We teach contracts, evidence and criminal law and separate them and go in deep. The prob- lem is that the law is not practiced in silos. It’s practiced in the context of an industry,” Illig says. “We tell students that the law of contracts — the analysis, the logic, the policy concerns — they’re all identical whether it’s a marriage proposal or … you buy something off the internet or it’s a big construction program.” The difference is that in practice, it’s difficult to find an at- torney who specializes in all of those diverse aspects, so it’s im- portant to focus on the context of an industry. The UO summer institute teaches basic business law concepts and uses case studies to highlight how those skills are used in a specific industry. “Sports is so big in Oregon, and it was so easy to build a pro- gram that we decided to make sports a case study as a way to teach business law,” Illig says. Building on the legacy of Oregon’s U.S. Rep. Edith Green, who authored Title IX, which prohibits sex discrimination in federally funded educational institutions, summer sports institute students study Title IX and explore how race and gender interact with sports. Sessions examine domestic violence and other crimes as well as scandals involving athletes. The program also includes sessions on economics, in which students receive four hours of classroom instruction and then take an afternoon tour of compa- nies such as Nike, Adidas and Columbia Sportswear to engage in discussions with legal professionals who work for those companies. “The students get to see what it looks like to be a lawyer, and they get to hear how they (the lawyers) got to do what they are doing,” Illig says. Other areas of study include sports and antitrust law, labor law, tax law, negotiations, intellectual property, sports and dis- abilities, international sports law and arbitration, and laws per- taining to coaches and agents. Illig says students learn about career opportunities that in- clude compliance at universities, which are beefing up their legal NOVEMBER 2017 • OREGON STATE BAR BULLETIN 19 |
staff to ensure they meet NCAA regulations. He likens the associa- tion’s rule book to tax codes in terms of the level of detail. He echoes Levin’s in- sight about the potential for jobs as in-house counsel at companies such as Nike and Adidas. Illig notes that an OLSSI alum is doing financial planning for professional athletes in Seattle. “Some athletes don’t have a lot of experience being wealthy, and some don’t have experience with sudden wealth at that level, so they need help with tax and other financial planning issues,” he says. Sports marketing, licensing, apparel and project financing are strong job markets, as is dispute resolution because of the indus- try’s focus on arbitration and contract negotiations. As examples, the International Olympic Committee requires athletes to han- dle all disputes before an arbitration court, and the majority of league unions require arbitration. Illig cautions that being a sports agent is not part of the dis- cussion about potential careers that are fulfilling for sports law attorneys. “There was a time when being an agent was probably a nice job, but that time has come and gone. The leagues all have unions, and the unions form contracts, so there’s not a lot of legal work to do. Mostly it’s a lot of babysitting, so it’s not a career we encourage for students,” he says. The summer sports program features approximately 40 fac- ulty and speakers each year, and Illig says it’s “shockingly easy” to recruit professionals to participate in teaching the students and serve as guest speakers. “I pick up the phone and use the Oregon name, and people come flocking.” This summer’s guest speakers included Sathya Gosselin, the plaintiff’s lawyer for Ed O’Bannon, who led a class-action antitrust lawsuit against the NCAA for not allowing college athletes to share revenues generated from the use of their images in broadcasts and merchandise. In 2015, a judge ordered the athletic association to pay more than $40 million to plaintiffs’ lawyers in the case. Other speakers this summer included Maggy Carlyle, inside counsel for the Pac-12 Conference; Nona Lee, inside counsel for the Arizona Diamondbacks; Faisal Hasan, inside counsel for 20 OREGON STATE BAR BULLETIN • NOVEMBER 2017 Draft Kings; Ben Lauritsen, inside counsel for the Portland Trail Blazers; Karen Tiedemann, bond counsel for the financing of Levi Stadium; Oliver Luck, executive vice president of the NCAA and the father of professional football player Andrew Luck; and Casey Martin, the former professional golfer who successfully sued the Professional Golfers’ Association under the Americans with Disabilities Act. In addition to Illig and professors Merle Weiner and Jen Reynolds at UO, the program includes 10 “official” non-UO faculty members. Two write for Sports Illustrated and appear on ESPN; one just finished his tenure as president of the Sports Law- yers Association; one is a board member of the Sports Lawyers Association; two are NCAA faculty athletic representatives for their universities; and six are faculty directors of their home law school sports programs. Participants come from Wake Forest, Tulane, New Hampshire, Boston College, Marquette, Pepperdine, Villanova, San Francisco, Nebraska and Ameri- can University. Among the visiting faculty was Matthew Mitten, director of the National Sports Law Institute at Marquette University and a Sports Lawyers Association board member. In a July interview, Mitten described the summer sports program at UO as unique and said he appreciates its ability to at- tract a multitude of professionals who can offer different perspec- tives on the market. “It’s also a fun way for students to learn transferrable knowl- edge and develop skills like contract negotiation, arbitration and how that process works that translate well to representing clients outside of sports,” he says. “In the real world, it’s not enough to know just one area. You have to know multiple areas.” Mitten has been teaching for more than 25 years and has seen the evolution in sports law from primarily labor and contractual law to issues related to the ability to stream sports broadcasts and the market’s international expansion. “Technology and the globalization of sports are the two most significant things that have made the sports industry explode within the last 10 years,” he says. |
The Sporting Life iStock.com/miflippo (bottom), DS011 (upper left) and molka (upper right) Mitten advises students to pursue entry-level jobs with univer- sities, such as monitoring eligibility compliance for athletes and coaches and ensuring boosters, donors and others involved in sup- porting amateur sports abide by NCAA requirements. Schools and universities also need legal professionals to oversee risk manage- ment, particularly with the increased awareness of concussions. Many people graduate from law school and join a firm to gain experience in tax law, bankruptcy, intellectual property and oth- er aspects of business law before pursuing jobs related to profes- sional sports, Mitten notes. “It’s pretty difficult to find a job in major league professional sports right out of law school because the leagues want more ex- perienced lawyers. The issues involved at that level are pretty complex and involve a lot of money, so they want more experi- enced lawyers,” he says. “Young lawyers have to be patient. I tell them, ‘You need to network, and you have to be a good lawyer, and it takes time to develop those skills and networks.’ ” Mitten adds that people don’t have to work full time for a major league or an athlete to do sports law. His work has in- cluded antitrust law and intellectual property, such as registered copyrights for the Rose Bowl, representing companies whose products were trademarked. Other potential areas of practice include working with companies that sponsor stadiums, public financing for stadiums, branding related to sports apparel and contracts related to food and other products sold during sport- ing events, he says. Students, Professors Enjoy Training, Networking The OLSSI program’s international sports law and arbitration curriculum attracts professionals from around the globe, most re- cently from Barcelona, Sao Paulo and London. Roberto de Pal- ma Barracco is an alumnus of the University of Oregon’s LL.M. program and a visiting faculty member from Sao Paulo who specializes in international sports arbitration, dispute resolution and negotiation. “My main reason for coming here is that when I go back I want to be a sports law professor, and in order to do that, I had to come to the United States,” he says. “People need a lawyer who can handle anything that is thrown at him, and if you go to law school in the United States, you can handle a different culture.” He notes that a major difference in organized sports outside the U.S. is that while sports here are primarily for entertainment, in other cultures teams are attached to clubs and involve social and cultural functions as well. “That adds a whole new dimension when it comes to the job market, so I didn’t deal with only sports-related stuff but also cultural differences. For example, how to set up a museum for a club,” de Palma Barracco says. Illig says the summer sports institute not only strives to bring the world to Eugene, it also introduces students to the world of international sports law. The summer institute is part of a larg- er program in which students travel to London for a week each winter to meet with legal professionals involved in soccer, rugby and horse racing. They also meet with legal professionals who work with the International Olympic Committee’s World Anti- Doping Agency. “We really want to broaden their focus beyond Oregon and the Pacific Northwest,” he says. “It’s a real eye-opener, and their world’s kind of opened up for them. We have alumni who moved to Washington, D.C., and New York after traveling even though they had originally planned to stay in Oregon.” Illig points out that students who participate in the program come not only from the University of Oregon but as far away as one of UO’s partner universities in China. This summer, 23 students came from law schools in Arizona, Florida, Texas, Ala- bama, Tennessee, Vermont, Michigan, Ohio and Wyoming, as well as other cities along the West Coast. While this summer’s students from UO were both men, both the sports institute’s student body and faculty have generally had the same gender split as the UO law school overall. In terms of racial and ethnic diversity, as many as 40 percent were students of color each of the past four years. “This is an industry that is much more diverse than the average,” Illig says. Dan Valdiva and Bill Shores were 2Ls at the University of Oregon who participated in the sports institute as part of their strategy to graduate from law school early. Valdiva says he learned about the program from Shores, one of the biggest sports fans he knows. “What I was attracted to is the side involved with con- tracts and player negotiations,” he says, adding that he appreci- ated the chance to be surrounded by like-minded people with similar interests. “It seemed like a great opportunity to meet people from around the country and have a lot of good network- ing opportunities.” Valdiva, who is from Arizona, says he has heard the job mar- ket is growing as the practice specialty gains greater recognition, and he is particularly excited to see soccer rising in popularity throughout the United States. “My family has a soccer background, so it’s interesting to see how it’s growing across the country, and it’s great to be in Oregon, where it’s such a prominent part of the culture,” he says. Shores says he chose UO law school specifically because of its sports law program. During his first semester, he introduced himself to Illig and learned about the array of speakers and sports law professors who participate in the program. “I thought it would be a great chance to learn from the best in the business and network with people who may be able to help me as I establish my own career,” he said. “Sports is such a huge part of society and it needs to be regulated, so this is a great opportunity to learn how to help regulate a prominent field.” For other ongoing networking opportunities, the sports divi- sion of the ABA’s Forum on the Entertainment and Sports In- dustries invites both students and practicing attorneys to join and network with colleagues across the country and around the world. More information about the division and its resources can be found at www.americanbar.org/groups/entertainment_sports/ divisions/sports.html. Melody Finnemore is a Portland-area freelance writer and frequent Bulletin contributor. Reach her at precisionpdx@comcast.net. NOVEMBER 2017 • OREGON STATE BAR BULLETIN 21 |
Start Me 22 Up OREGON STATE BAR BULLETIN • NOVEMBER 2017 Small-business Attorneys Reveal Entrepreneurial Trends — Their Clients’ and Their Own By Cliff Collins |
T he business of Oregon is small business. Small businesses account for 98 percent of the state’s business establishments, employ over half the work- force and play a vital role in its economy. That’s ac- cording to the Oregon Office of Small Business Assistance, which adds that this is “especially true for rural Oregon, which depends on small business for economic growth.” Given these facts, the Oregon State Bar Bulletin spoke with several attorneys whose practices primarily consist of advising or representing small and emerging businesses. Some of these law- yers cater to general businesses, while other attorneys have fo- cused their practice on serving specialized niches. We wanted to know what legal needs the attorneys are see- ing in entrepreneurs, in folks looking to start a business and among business owners who want to expand their enterprises — either by growing from within or by acquiring or merging with existing businesses. How have these individuals and businesses fared during and since the Great Recession? Do their lawyers observe any trends? In addition, because the majority of the bar’s active members in private practice — 64 percent — are in firms of five members or fewer, they themselves operate small businesses. How did they get started, and what obstacles do they face? Law students, young lawyers just starting out and some established attorneys might find inspiration from attorneys who focus on specialized areas they may never have heard of or considered. iStock.com/PIKSEL Counseling Startups Levi S. Gatov Johnston learned as much as anyone could in preparation for starting his first small business. While attending Lewis & Clark Law School, he gained experience at Lewis & Clark’s Small Business Legal Clinic as an intern and serving temporarily as student di- rector while the clinic’s administrator was on parental leave. When he graduated in 2009 with a law degree and a certificate in general business law, Johnston felt he had gained a pretty solid understanding of what was re- quired to start a small business. He had taken Levi S. Gatov Johnston two semester-long practical skills courses, which focused on how to set up the administrative side of open- ing a law firm. Relying on that combined experience in law school, plus con- sulting a guidebook produced by the Professional Liability Fund about how to set up a firm, Johnston and two other young attor- neys, Raife R. Neuman and Ryan Vanden Brink, rolled up their sleeves and opened Intelekia Law Group in Portland, where most of Johnston’s clients are small-business owners or shareholders. Johnston’s perspective of seeing small-business law from both sides — starting his own small business and then advising clients who want to open or expand theirs — offers insights into both realms. He often points out to clients that the five-year mark is crucial for any business because “there is a high failure rate in the first five years,” he says. His firm celebrated its sixth anniversary in June. Johnston and his colleagues have established a stable client base and revenue growth, as well as overseen expansion within the firm — the three original members have added an administrator and three other employees. “It takes time and sweat equity,” Johnston says. But those have translated into “natural, organic growth.” A sizable portion of what his firm’s clients seek are “bread and butter” legal matters, including “traditional transactional corpo- rate business” such as mergers and acquisitions, and client ques- tions about the best type of entity to form, he says. In terms of the latter category, businesses that are 2 or 3 years old may look to develop more sophisticated tax strategies, such as moving to an S corporation or an LLC to avoid being taxed as a sole proprietor. Something else he is observing with more frequency is that, with the baby boomer generation aging, owners have turned more attention to business succession planning, especially if they have children who want to assume or maintain significant in- volvement in the company. In addition, “You can’t ignore the green elephant,” Johnston says. “The cannabis business is an emerging market, one with regulations that change frequently. That has generated a lot of work for attorneys interested in that area of law. A lot more folks are seeking assistance” in order to get involved, or expand their involvement, in the marijuana business. As the economy has improved, Johnston is seeing more startups, primarily because would-be entrepreneurs are more able to obtain loans than they were during the recession, when lending virtually dried up. An example might be a chef who has worked in restaurants for years and wanted to launch his own establishment, who now is able to realize that dream. “It’s always been hard for a new business owner to walk into a bank and say, ‘Here’s my business plan. Fund me,’” he notes. Now that hurdle is “not to the same magnitude as when nobody would lend anything. The hurdle still exists, but it’s just a little bit lower than it used to be.” Leigh Gill of Immix Law Group works with a lot of startups and small businesses, concentrating his practice mostly on soft- ware and technology clients. Though it may sound paradoxical, in his view, the environment for software startups rose during the beginning of the recessionary period of 2008-09, at least in the Portland area. Emerging companies may have found Leigh Gill obtaining capital more challenging, “but a number of companies out of that period” were able to find funding, he says. There was a lot of available talent, people who were senior producers in their previous roles, and “some of them have done very well.” Portland’s economy has shifted over the last 10 years, where software has become a much more significant component of the economy. “We’re (still) seeing others come in, but it has leveled off from where it was two or three years ago,” Gill says. “There are fewer four-person and more 50-person startups.” One reason, he postulates, is the dramatic entry of large technology corporations such as eBay and Amazon into Oregon, which has created “a tal- ent crunch for getting people to connect to startups.” NOVEMBER 2017 • OREGON STATE BAR BULLETIN 23 |
Whatever the case, the three legal needs that crop up most often for his clients are fundraising, intellectual property (that is, how to secure what the business owns) and hiring and per- sonnel matters. Clients want to know how to approach all three of these “in a way that keeps them out of trouble,” Gill explains. Thinking about these concerns, particularly intellectual property, early rather than later is always better, or companies can end up in disputes they didn’t anticipate, he says. A broad trend he has noted in the Portland metropolitan area is the geographic shift that has taken place over the last decade. Previously, high-tech in the Portland region was concentrated on the west side. “Tektronix was the biggest driver of software spi- noffs. There was more of a west-side feel, and people knew people because they had worked at the same companies together.” Software startups and companies increasingly have moved from the west side to downtown and the east side, creating a type of “subculture,” he says. People in that industry network and come to know one another, and that spurs new business forma- tion. This same phenomenon is taking place in Eugene and Bend, as well, where networking and concentration of businesses lead to continued replication of new businesses, Gill observes. An additional trend he has seen is a strong movement to- ward businesses using freelancers for technical services. Someone building a business will be inclined to save money by, say, hiring an independent entity to “write code on your app” or to handle marketing or graphic design. For attorneys who seek or serve small-business clients, spe- cialization becomes helpful, he says, because clients are going to gravitate toward that expertise wherever you are located. At- torneys who possess a particular expertise can practice virtually anywhere they wish because their specialty area will attract those needing legal help, Gill says. Serving Niches Specialization was the premise attorney Katie Lane operated under as she planned how to achieve her objective. She says she went to law school with one basic goal in mind: to help artists. Lane had worked in and around theater, and she saw how non- profits such as theater companies needed legal guidance relevant to the type of work they do. Lane’s law practice is called Work Made for Hire, and its slogan reads, “Creative Busi- ness Advice for Creative People.” She repre- sents “people who make art their livelihood,” as she puts it, including artists, authors, car- toonists, graphic designers, game designers, musicians and “freelancers of every stripe.” Her goal is to help them protect their rights and get paid fairly for the work they do. Katie Lane At least half of her practice is helping comic-book creators, including artists, writers, colorists, editors, etc. “I represent folks who do each of those jobs, and some who do all of them.” Her clientele is composed of individuals and very small com- panies, perhaps a couple of friends or a husband and wife hoping 24 OREGON STATE BAR BULLETIN • NOVEMBER 2017 |
iStock.com/relif to start a creative business venture. Lane provides a range of le- gal services, including reviewing, revising or drafting contracts; protecting intellectual property rights; registering copyrights or trademarks; responding to cease-and-desist letters; and helping clients understand potential legal issues related to their art. Contracting is one of the greatest needs for this niche, she says. Like Gill, she sees the trend that businesses more and more are farming out certain jobs. That translates into fewer full-time workers, who benefit from employer support that freelancers don’t receive. People forming an LLC are “not aware how to pro- tect themselves,” she explains. Contractors are “perceived to be able to take care of themselves,” but in order to do that, they need information. Her “passion,” as she calls it, is teaching people how to negotiate. Although she knew early on the type of law practice she wanted to end up doing, “figuring out how to do it was the hard part,” Lane says. She worked in Las Vegas protecting the rights of entertainers, athletes and large casinos. She also spent four years working for Multnomah County and six years with Portland General Electric, where she negotiated contracts. She said some lawyers don’t perceive artistic people and businesses “as being in need of legal services. I think they are.” To test that model, she spent a little over two years running her own practice part time when she still had a day job, and she now has been in her own practice full time since April 2014. “That gave me the chance to see if there was enough demand to support the practice and to experiment in how I wanted to run my practice while I still had the safety net of a full-time job,” she relates. She markets her practice through her website, informa- tional blogs and frequent speaking engagements. Lane admits her niche is “relatively unusual, not a practice that is going to make you wealthy.” But she sees it as a calling. “It’s really rewarding to help people.” Another attorney who banked on a certain niche of small businesses needing legal advice is Duke Tufty of Northwest Alcohol Law. His practice focuses on helping businesses that NOVEMBER 2017 • OREGON STATE BAR BULLETIN 25 |
make, sell or distribute alcoholic beverages. As he notes, the list of places in the Northwest where alcohol is available continues to increase. “Each location requires a liquor license, and each licensee must understand the regu- latory requirements,” he says. These settings include not just restaurants and pubs, but also movie theaters, grocery stores, hotels, gas stations, sports venues, gift and specialty shops, golf courses and so on. Many people want to get into a business operation without fully considering the numerous and compli- cated requirements associated with selling al- Duke Tufty cohol. Often, startups or new business owners have not thought completely about obtaining the needed licens- es and complying with the associated regulatory requirements, he explains. Alcohol is a highly regulated product and industry, Tufty emphasizes. Most people don’t anticipate the potential chal- lenges associated with obtaining the appropriate licenses and maintaining compliance. Folks who may have spent years work- ing in an office setting have the notion that they want to brew beer or start a winery, but may be unaware of the ever-changing regulatory framework surrounding the production and sale of alcoholic beverages, he says. Besides noting changes in state laws such as those that occurred in Washington a few years ago, he points to new industry trends such as the growth of beer and wine growlers and “the delivery of alcoholic beverages to your doorstep.” Alcohol regulatory law is constantly evolving, as evidenced by recent revisions that the Oregon Liquor Control Commission made to its happy hour ad- vertising regulations and to beer tap labeling requirements. Tufty says entrepreneurs may be more attracted to and have more success starting a brewing operation than a winery, because the entry costs are lower and beer can be made year-round. In any case, an essential ingredient for success is that new entrants be “passionate about their product, whether it be wine, beer, cider or spirits.” A lot of small-business owners are trying to continue to work at their full-time job, he observes. “They’ve got family and other obligations, and they’re seeking liquor licenses for a startup and want to know how to set up a compliant, successful business.” They can’t afford to experience a six-month delay caused by not having the regulatory piece in order. Tufty says his practice specialty is “a lot of fun,” and he en- joys working with a diverse range of clients of different sizes and pursuits. Targeting Low-income Clients At least two nonprofit legal agencies in Oregon are dedicat- ed to providing legal services to low-income small and emerg- ing businesspeople, with an emphasis on helping women and minorities. “We have a specific mission to help with transactional ques- tions,” says Julieanna Elegant, executive director of the Lewis & Clark Law School Small Business Legal Clinic. “As a nonprofit, we are very general in the help we give.” 26 OREGON STATE BAR BULLETIN • NOVEMBER 2017 Services — delivered by 75 volunteer at- torneys, some retired or close to retirement, and, for the summer term, five law students — include advising about entity selection and formation, lease reviews, employment legal questions and policies, intellectual property and patents. The clinic applies strict income requirements. In the four years Elegant has been at the Julieanna Elegant helm, the number of clients seen by the clinic has doubled to an average of 275 businesses annually. “We are seeing a continual need in the areas we’re serv- ing, especially entity selection and contract drafting,” she says. “We certainly see the need and the demand.” Typical clients include businesses “you would expect” to be found in Portland, including alternative health practitioners such as naturopathic clinics and businesses selling food products, though she adds that the clinic serves businesses throughout the state. Mercy Corps Northwest Small Business Consultants, the domestic arm of the global relief organization Mercy Corps, headquar- tered in Portland, provides one-on-one legal consulting services to low-income “micro- entrepreneurs” and small-business owners. Its targeted audience is similar to that of the Lewis & Clark clinic. Services include determining which type of legal entity is ap- propriate, determining whether an operating Andrew Volkman or partnership agreement is necessary, and discussing other contracts, intellectual property protections and employment-related legal issues, says Andrew Volkman, director of small business development services. In addition, Mercy Corps Northwest offers record-keeping consulting services that help clients keep accurate records for tax reporting as well as for general business health. It also spon- sors mentorship opportunities for both mentor and mentee, provides education and training and offers grants and loans to small businesses in Oregon and Washington. The consultan- cy’s 25-person staff annually conducts 40 to 50 small-business courses, awards 200 grants and instructs 1,000 people through classes, seminars and individual counseling sessions. Volkman’s group gives around $500,000 a year to “startups that couldn’t get loans” otherwise, he says. The recession caused the loss of jobs for many people, which spurred the growth of entrepreneurship, according to Volkman. Many of these people were well-educated but couldn’t find work, so they started their own businesses. Over the last two years, as Oregon’s economy has improved, many of these businesspeople were able to pay off the loans they received from Mercy Corps Northwest. Nowadays, the consultancy is still observing a high number of startups, but he has seen a shift in the population served: Entrepreneurs are taking out smaller loans and are more likely to be immigrants, he says. Cliff Collins is a Portland-area freelance writer and frequent contributor to the Bulletin. Reach him at tundra95877@mypacks.net. |
PROFILES IN THE LAW Robyn Ridler Aoyagi Shares How Expectations, or Lack of Them, Can Shape a Life Photo by Keene Studio Appreciate the Advantages I n July, Robyn Ridler Aoyagi became a new judge on the Oregon Court of Appeals. Her appointment by Gov. Kate Brown added another notable ac- complishment to what has already been an impressive legal career. Aoyagi says that her choice of the le- gal profession was somewhat fortuitous. She initially planned to become a teach- er, like others in her family. Later, she decided to go a different route, and the only readily apparent options were to be a doctor, a veterinarian or a lawyer. She doesn’t like the sight of blood, so law won out. At her grandmother’s urging, she ap- plied to Harvard Law School and was ad- mitted. She served as an editor and book review author for the Harvard Women’s Law Journal and was active in the Envi- ronmental Law Society and the Women’s Law Association. She graduated with her law degree in 1999, cum laude. With a long interest in public health, Aoyagi initially considered health law. 28 OREGON STATE BAR BULLETIN • NOVEMBER 2017 By Melody Finnemore She had earned a certificate in commu- nity health at Tufts University (in addi- tion to her B.A. in English), and done an internship during law school at Brigham & Women’s Hospital in Boston. Her in- terest soon shifted toward environmental law, however, which she considers a natu- ral extension of public health. She spent her first law school summer working at the Massachusetts Public Interest Research Group, and interned at the Environmen- tal Protection Agency during her final year of law school. After moving to Portland in 2000, Aoyagi decided to enter a more gen- eral civil practice. At Tonkon Torp, she worked in general litigation for her first eight years. Around 2008, she transi- tioned to full-time appellate law and mo- tions practice, which had been her long- term goal. She worked on a spectrum of issues as the primary appellate lawyer in a large law firm, including contracts, shareholder disputes, torts, employment, bankruptcy, administrative law and land use appeals. During her years in practice, she also did pro bono work for domestic violence victims in need of restraining orders, former juvenile offenders and the Portland Columbia Symphony Orchestra. Aoyagi has been actively engaged in bar service throughout her career. She served on the OSB Appellate Practice Section Executive Committee for six years, including as chair in 2015. She was a Region 5 delegate to the OSB House of Delegates for four years. At the national level, Aoyagi was twice elected to the executive board of the American Bar As- sociation’s Council of Appellate Lawyers. She also chaired a national project that culminated in a report titled “The Leap from E-Filing to E-Briefing: Recommen- dations and Options for Appellate Courts to Improve the Functionality and Read- ability of E-Briefs,” which the ABA pub- lished earlier this year. When asked how she likes being a judge, Aoyagi says, “I am having the time of my life. It is extremely interesting and extremely challenging work that is so im- portant. It’s a pleasure to work with all of these great judges who are devoted to serving the people of Oregon. The staff attorneys and court staff are terrific. I am so grateful for this opportunity to do such important work.” Early Years Leave Their Mark Her path wasn’t as obvious as it might seem given her background. Aoyagi talk- ed about her early life in a 2015 storytell- ing for Portland Story Theater. She was born in Seattle and lived in California for a few years before moving to Roswell, New Mexico, when she was 10. Now 43, Aoyagi has lived in larger cities for most of her life, but the decade she lived in Ro- swell made an indelible mark on her. The city is remote, economically depressed and better known for UFOs than the suc- cess stories of its residents. As much as she enjoyed growing up in Roswell, the stark realities of poverty, violence and lack of opportunity became real for Aoyagi there. When she started high school, there were 400 students in her freshman class. That number was cut in half by the time she graduated. An even smaller number went on to college, and fewer yet moved away from Roswell. Aoyagi was the only National Merit Scholar in her graduating class, and the school valedictorian was the first in his family to graduate from high school and go on to college. Aoyagi shares some sobering statis- tics about life in Roswell. Among them, |
Robyn Aoyagi and her children pick apples at Kiokawa Family Orchards, one of the few remaining Japanese-owned orchards in the Hood River Valley. Photo courtesy of Robyn Ridler Aoyagi. young women growing up there have a 40 percent chance of getting pregnant before they are 20 years old, and just 34 percent of high school students are proficient in reading. “So, there’s a better chance of getting pregnant in high school than learning to read,” Aoyagi notes. She became aware of the prevalence of domestic violence there. As a high school senior, Aoyagi did an internship at the New Mexico Public Defender’s Of- fice, where she worked on a death penalty case for a woman who had killed her abu- sive boyfriend at a bar up the street from Aoyagi’s house. Unsuccessfully invoking a then-novel defense of battered woman syndrome, the woman was convicted and killed herself in jail two days later. “That was my first exposure to the law,” Aoyagi says. That was not the only violence. The father of one of Aoyagi’s friends murdered her friend’s mother and five younger sib- lings; the friend and one sister were the only survivors in the family. Another friend blew himself up while making a bomb as a hobby. Another, an alcoholic since age 9, shot and killed a young man in a dispute over a girl. And those were just a few examples. “I think when I tell people about growing up in Roswell, which I don’t very often, there’s a certain tendency to react that I pulled myself up by my boot straps. That I overcame Roswell by virtue of my own strength of character or smarts or motivation. But I don’t think so,” Aoyagi says. “I think I was an anomaly because my expectations were different, and my expectations were different because the expectations of the people around me were different.” She recalls her high school English teacher telling the class it was pompous to go out of state for college because any education one needed was available at the University of New Mexico. An em- ployee in her guidance counselor’s office told Aoyagi she would get lonely if she went far for college and would be back in two weeks. But move away she did, which among other things, gave her the opportunity to work as an intern at the United Na- tions Framework Convention on Climate Change in Bonn, Germany. After law school, Aoyagi served as a judicial clerk for Judge John Steadman from 1999 to 2000 on the District of Co- lumbia Court of Appeals, where she fell in love with appellate law. “I’ve had a good life. I’ve had many opportunities, many good experiences. There’s no violence in my life. But I know things are really different for a lot of Help support civic education and engagement by making a charitable tax-deductible donation to the Multnomah Bar Foundation (MBF). To learn more contact Pamela Hubbs at 503.222.3275 or pamela@mbabar.org or visit www.mbabar.org/ foundation.htm NOVEMBER 2017 • OREGON STATE BAR BULLETIN 29 |
people,” she says. “I don’t think Roswell is that unusual. I think there are a lot of places where people grow up with low ex- pectations and a narrow world view. Not so much a poverty of things but a poverty of mind and vision.” As for her children, ages 9 and 6, she thinks a lot about how to teach them what she knows. “I want my kids to have perspective. I want my kids to have real empathy for other people. I want them to know that they are smart and wonderful and capable. But that they are also really damn lucky in a lot of ways.” She wonders if she can teach them the kinds of things she learned growing up, or if those lessons must be experienced firsthand. As Aoyagi says in the conclusion to her 2015 storytelling, “I hope that each of us can try to appreciate our own advan- tages, our own good luck. That we don’t judge too harshly people whose circum- stances may be very different from our own. And that we all try to not be too impressed with ourselves.” An avid theatergoer, Aoyagi attended Portland Story Theater shows for years before joining the board in 2013. She plans to do another storytelling in 2018. Aoyagi’s other hobbies include play- ing tennis, hiking and reading. Last year, she penned a mystery novel that, while not yet published, she says was a great ad- venture. “It was fun to do something cre- ative in a different way, and it was really unprecedented to be able just to make up the facts. What more could be a lawyer’s dream than to get to make up the facts?” Editor’s note: A recording of A oyagi’s Portland Story Theater 2015 storytelling is at www.youtube.com/watch?v=vec4alZRZd4. Melody Finnemore is a Portland-area freelance writer and frequent contributor to the Bulletin. She can be reached at precisionpdx@comcast.net. 30 OREGON STATE BAR BULLETIN • NOVEMBER 2017 |
Now More Than Ever, Where You Bank Matters. The Oregon Law Foundation uses interest from IOLTA accounts to fund legal aid programs. If every Oregon lawyer moved to a Leadership Bank, it would mean $1 million more in revenue — enough for three rural offices to protect the most vulnerable among us. For more information on switching to a Leadership Bank visit www.oregonlawfoundation.org NOVEMBER 2017 • OREGON STATE BAR BULLETIN 31 |
Legal Education 2017 32 OREGON STATE BAR BULLETIN • NOVEMBER 2017 Meet your reporting requirements with OSB CLE seminars Live seminars Live webcast from your computer NOVEMBER Aiding and Abetting: The Legal Realities of Animals in the Service of People Thursday, Nov. 9, 9 a.m.-noon, OSB Center, Tigard 2.75 general credits Service animals are increasingly present in the public sphere. This program pro- vides a comprehensive exploration of current laws and guiding principles on the use of assistance animals for people, including types of animals that may be used, what constitutes legitimate use; restrictions and protections applicable to certain disabilities; and penalties that attach to the impairment of uses. Examine federal and state statutes and regulations regarding assistance animals. Review modern case law on working, shopping, riding and living with animal assistants. Learn about public policies, economic concerns and political realities involved in protect- ing those who need assistance animals. AL17 Following the Digital Trail: How Your Case Can Benefit from Computer and Phone Forensics Thursday, Nov. 16, 9 a.m.-12:15 p.m., OSB Center, Tigard 2.75 general credits Everyone leaves digital evidence behind as they go about their lives. These digital trails are often overlooked as sources of evidence for investigations and litigation. Courts are catching up to the existence of digital evidence and are beginning to require that it be considered or made part of a case. Learn key legal and practical aspects of obtaining and incorporating digital evidence into your cases. Review recent legal developments and hear about illustrative issues. CPF17 |
Basic Estate Planning and Administration 2017 Friday, Nov. 17, 8:30 a.m.-4:15 p.m., Multnomah Athletic Club, Portland 5.75 general or practical skills credits and 1 ethics credit This year’s program will cover key elements of estate planning and administration, including nontaxable trust administration, planning for a family member with spe- cial needs and bonding basics for probate matters. Whether you are new to estate planning or need to review the latest legislative updates, this basic-level seminar covers topics essential to your practice. Learn about Oregon’s elective share for surviving spouses. Explore community property and ethics issues. Conclude the day with a panel discussion on hot topics in estate planning and administration. Cosponsored by the Estate Planning and Administration Section BEP17 Cyber Monday Sale Nov. 27 Get an unlimited 20% discount on all OSB CLE online seminars — on demand and MP3 downloads — purchased on Cyber Monday. There’s only one day to get your Cyber Monday CLE discount, so mark your calendar to visit osbar.inreachce.com Check the calendar at osbar.org/cle for more seminar information and links to register. Additional seminars are available on demand at osbar.inreachce.com. on Nov. 27, and don’t miss your savings. www.osbar.org/cle Legal Publications Preorder these new publications by Dec. 15 and save 15% Advising Oregon Businesses, 2017 Revision Advising Oregon Businesses provides the tools you need to assist your business clients in choosing and organizing a business entity. This must-have resource is written and edited by Oregon’s foremost business law lawyers. Volumes 1 and 2 have been completely revised to include new topics, 2017 legislation and one new chapter on where to incorporate. Veterans, Military Servicemembers and the Law, 2017 Edition Veterans, Military Servicemembers and the Law is a new resource developed in conjunction with the Military and Veterans Law Section. It highlights the vast military presence in Oregon, underscoring the need for legal resources to support our veterans and military. It also provides information about legal rights and benefits that may alter how you practice when your client or opponent is a veteran or military servicemember. Contact the order desk at (800) 452-8260, ext. 413, or visit the online bookstore at www.osbar.org/legalpubs for a complete list of publications available for preorder and purchase. www.osbar.org/legalpubs NOVEMBER 2017 • OREGON STATE BAR BULLETIN 33 |
LEGAL PRACTICE TIPS Slides Should Reinforce Your Message, Not Serve as a Handout iStock.com/drogatnev Make Your (Power) Point I t’s happened to all of us. You’re at a CLE, looking forward to learn- ing about an interesting topic from a dynamic speaker. Maybe you’ll even get some written materials that you can take back to the office to help you re- view the key points. Then the lights dim, the speaker is obscured in shadow, the PowerPoint slides packed with text be- gin to march by … and you’re fast asleep. That’s OK, you figure. “I’ll just read the written materials to get the overview.” But the “written materials” turn out to just be a black-and-white printout of those PowerPoint slides. You couldn’t make them out on the screen, and you certainly aren’t motivated to read them in even smaller type in varying shades of grey. Another epic PowerPoint fail. “PowerPoint makes us stupid,” quipped Marine Corps Gen. James N. Mattis when he was commander of the U.S. Joint Forc- es in 2010. We agree with Mattis — now the Secretary of Defense — to a point. 34 OREGON STATE BAR BULLETIN • NOVEMBER 2017 By Lora Keenan and Alix Devendra PowerPoint can make us stupid, as pre- senters and as a udience members. But it can also make us more engaged, help us communicate and understand complex information and relieve our overly verbal lawyer brains. The trick is understanding how to design a good presentation and how PowerPoint can (and can’t) support a good presentation. Here’s how many of us design pre- sentations: We get a phone call asking us to speak at a CLE. It’s six months off, so we say yes. We put it on our calen- dar and forget about it until we get a re- minder from the sponsor that they need our “slides and written materials” in two days. We stay up until midnight dumping everything we can think of into a slide deck, read through it a few times and tell the sponsor to use our slide deck as our written materials. We figure that prepar- ing the slides did enough to prepare us to speak, as well, so we don’t run through our oral remarks. At the CLE, we realize — too late — that we don’t really know what we’re going to say, so we rely on our slides, hoping that our audience won’t notice that we’re stealing a peek at each slide and then, more or less verbatim, orally delivering the same information that’s on the slide. This is backwards. It makes your PowerPoint the most important part of your presentation. But the most impor- tant part of the presentation is actually the people involved: you and your audi- ence. The goal of every presentation is for the speaker to communicate a message that the audience needs. A good presenta- tion requires that you: • Identify your audience, their back- ground and their needs (why are they attending your presentation?). • Pinpoint what information they Choosing a pithy quotation that supports your message and displaying it with a high-quality photo is more effective than simply listing your main ideas as bullet points. |
need to know (not what you need to tell them). • Figure out the best way to com- municate the appropriate pieces of information in the time available. In other words, to create a good pre- sentation, you should design your con- tent and practice your delivery before you start working on your PowerPoint slides. (“The Decker Grid,” available at decker.com — under What We Do, click on The Decker Method — can help or- ganize your thoughts as you design pre- sentation content.) Only once you have a handle on your content and delivery should you start thinking about PowerPoint. First, think about whether you need slides at all. PowerPoint is a visual medium. It’s good at communicating things that can be expressed and understood visually (e.g., spatial relationships, graphs, maps). In fact, once you’ve designed the content and practiced the delivery, you may find that visual illustrations won’t help your audience understand any part of your message. That’s OK. Not every presenta- tion needs PowerPoint. Nancy Duarte, a design professional and author of slide:ology: The Art and Science of Creating Great Presentations, observes that good slides “reinforce the content visually rather than create dis- traction.” And what’s the most distract- ing kind of slide? A slide that contains too much text. Such slides are distract- ing, not reinforcing, because of how our brains process information. When we listen to someone speak, we use our audi- tory cortex. And when we read, we also use our auditory cortex (because our al- phabet is phonetic). So, if your slide is a transcript of what you are saying, it does not reinforce your message as you might think. Instead, it overburdens the audi- ence members’ auditory cortices because they are trying to read the slide and listen to you at the same time. And they end up retaining less information. Alternatively, the audience may simply stop listening to you since they can read the slide faster than you can speak. They then have to wait for you to catch up — and perceive you as a slow presenter. Admittedly, law is a wordy profession, and CLEs and other legal presentations will often involve a lot of written words. Putting an excerpt of a statute on the above slide is not an effective use of PowerPoint. There is too much text on the slide, the size of the text is too small, and the firm logo and gradient background add unneces- sary visual clutter. This slide is more effective because it has a descriptive title, includes only the key words of the statute and visually reinforces the four main elements with simple icons. The citation to the statute is included (and the full statutory text could be provided in a separate handout). If part of what you need to communicate to your audience is text-heavy, put it into a written handout (one that is designed to be printed — not a thumbnail of your slides!). If it’s important for your audience to understand that written message during your presentation, give them time to read the handout, and then continue with your presentation. You might even consider starting the presentation with 10 minutes of “study hall,” which gives the audience a chance to read the printed materials and mentally prepare themselves for your presentation. If you identify points in your presen- tation that would benefit from visual il- lustration, educate yourself about basic design principles. As Duarte notes, when people are exposed to “crudely construct- ed” media, they are either unconsciously agitated or — worse — mistrustful of the speaker. Either way, you aren’t making a good impression on your audience, and you are less likely to communicate your NOVEMBER 2017 • OREGON STATE BAR BULLETIN 35 |
message. Creating good slides requires thinking visually (like an artist or a de- signer), not verbally (like most lawyers). Designing the Slides Here are some basic design dos and don’ts for slides: • Keep it simple. Each slide should have one main point. Don’t try to fit too much on one slide. Also, use a simple color scheme — white on black or black on white (depending on the lighting and how formal you want to be). Don’t put your firm’s logo on each slide. Omit as much clutter as possible. Blank space is your friend. • Use high-quality stock photos to illustrate slides. Do not use clip art or cheesy stock photos. If you can’t find an authentic photo to illustrate your point (or a meta- phor that supports your point), perhaps it doesn’t need illustration. If cost is an issue, check out some of the many free websites such as unsplash.com. • If parts of your presentation don’t have images, insert a black slide into your deck. That will have the effect of “turning off” the projector until you are ready to advance to your next point. • Keep your font size large. Just how large? It depends on many factors (slide contrast, room lighting, quality of the projector, distance from the audience, etc.), but if you need a rule of thumb, stick with 30 points or larger. • If you need to use your slides as a crutch for what you are going to say, use the notes section below the slide. You can read off of the notes without the audience getting a pre- view of what you are about to say. • If you can’t use your own computer to give the presentation, stick with a very standard font that you can be sure the presentation computer will have installed. • If you’re using more than one font, be consistent. Each font should have a purpose (headings, body text, captions, etc.), and they should be different enough so that 36 OREGON STATE BAR BULLETIN • NOVEMBER 2017 it is easy to tell them apart (e.g., a serif vs. a sans serif). If you’re new to typography, stick with two fonts, max. • Get rid of as many bullet points as possible. For a one-level list, simply adding some space between each line works just as well and reduces visual clutter. If you must use bullet points, try to keep it to a two-level list. If it’s more complicated than that, break the information down on a series of slides. • Use special effects and animation sparingly — or, better yet, not at all (unless you really know what you are doing). Giving a good presentation is hard. After reading these tips, your takeaway might be that you should accept fewer speaking engagements! But when a speak- ing opportunity comes along that is worth your time, you should put in the extra ef- fort to make sure the audience retains as much of what you say as possible. That means setting aside time to think about who the audience is and what you want them to learn before you sit down in front of PowerPoint. Once you have an outline of what you are going to say, identify which of your points could be reinforced with a visual aid (a graph, timeline, illustration, etc.). Set aside time to create those visuals or search for appropriate stock photos. If you have a fair amount of text that you need to communicate to the audience verbatim (e.g., the text of a statute or regulation), put that in a separate Word document or PDF, which will become a physical handout. And, perhaps most importantly, practice your presentation and seek out candid feedback afterward. These tips will put you in charge of PowerPoint (not the other way around) and lead to better presentations for your audience. Alix Devendra is a legal design strategist at Start Here HQ. Follow her on Twitter at @alixdevendra. Lora Keenan is a legal writing consultant and freelance attorney. Contact her at keenanlora@gmail.com. Her website is at lora-keenan.com. |
BAR NEWS PLF Assessments Go Paperless Beginning with the 2018 assessment cycle, OSB Professional Liability Fund assessment and exemption notices will no longer be sent by mail. In November 2017, the fund will email notices of as- sessment and exemption to each mem- ber’s email address on file with the bar. Instructions for how to pay your assess- ment or request an exemption will be provided in the email. Please verify that you have a valid and current email address on file with the bar. Please also add notices@osbplf.org as a “safe sender” so that emails from the liability fund do not end up in your spam filter, and be sure to check your spam filter regularly. Contact Kathy Medford, assessment coordinator, with questions at (503) 639-6911. OSB Disciplinary Board Seeks Public Member The OSB Disciplinary Board needs a nonlawyer from Multnomah County. Public members serve on a panel with two lawyers at hearings where the bar is prosecuting attorneys for allegedly break- ing ethics rules. Panel members read the pleadings in advance, consider evidence at a hearing and participate in rendering a decision. Any nonlawyers who would be interested in joining this board should complete the application found at www. osbar.org/volunteer/publicmember.html. · · TRUSTS · INVESTMENTS · FINANCIAL PLANNING 38 OREGON STATE BAR BULLETIN • NOVEMBER 2017 New Lawyer Mentoring Volunteers Needed The OSB New Lawyer Mentoring Pro- gram seeks volunteers to mentor new Or- egon attorneys. Participants are matched with mentors based on location, practice areas and other common elements. Mentors must be a member of the bar in good standing, have at least five years’ ex- perience in the practice of law and have a reputation for competence and ethical and professional conduct, with no current disci- plinary prosecutions pending. The typical time commitment is a monthly 90-minute meeting for 12 to 18 months. The deadline for completing the program is determined |
when a new lawyer is matched to an avail- able mentor. To apply for a mentor posi- tion or to learn more about the program, visit www.osbar.org/nlmp. The goal of the mandatory New Law- yer Mentoring Program is to provide personalized professional guidance to Oregon’s newest attorneys. It is designed to welcome new lawyers into the profes- sion and to help them develop the practi- cal skills and judgment required in estab- lishing a successful and professional law practice. 2017 Legislation Highlights Now Available 2017 Oregon Legislation Highlights is the creation of bar members and vol- unteers who reviewed and tracked more than 1,000 bills during the legislative session. The book provides a brief over- view of legislation, including effective dates that will affect the practice of law in Oregon. Of the 698 bills enacted in Ore- gon this year, 356 (51 percent) will go into effect before Jan. 1. To download a copy of the 2017 edition, visit www.osbar.org/_docs/lawimprove/ 2017LegislationHighlights.pdf. MCLE Compliance Reports Have Gone Out Members whose MCLE reporting period ends Dec. 31, 2017 should have received their compliance reports via email in October. The MCLE page at www.osbar.org/ mcle provides answers to frequently asked questions. It includes the full text of the OSB Minimum Continuing Legal Educa- tion Rules and Regulations and a table summary of the new reporting categories with quick links to the relevant portions of the MCLE rules. The “MCLE Report- ing” tab on your member dashboard al- ways has up-to-date information on the number and types of credits you need, as well as a list of credits that have been re- corded for your current reporting period. Contact the MCLE department at (503) 431-6368 with any questions. NOVEMBER 2017 • OREGON STATE BAR BULLETIN 39 |
Oregon lawyers supporting civil legal aid programs statewide. www.cej-oregon.org |
Got a minute? Log in to the Member Dashboard to check your OSB and PLF requirements, pay your fees and assessments, file your IOLTA report and see how many MCLE credits you have. We introduced a new log in system on Sept. 12. If you haven’t already updated your password, you will want to do so before the annual regulatory compliance cycle begins. ONE log in www.osbar.org Two Websites www.osbplf.org |
BAR ACTIONS Discipline Note: More than 15,000 persons are eligible to practice law in Oregon. Some of them share the same name or similar names. All discipline reports should be read carefully for names, addresses and bar numbers. JASON C. HAWES OSB #120151 Lake Oswego Form B resignation By order dated Aug. 3, 2017, the Oregon Supreme Court accepted the Form B resignation of Jason C. Hawes. At the time of his resignation, disci- plinary proceedings were pending against Hawes in three separate matters for al- leged violations of RPC 1.3 (neglect; two counts); RPC 1.4(a) (duty to keep a cli- ent reasonably informed and promptly comply with reasonable requests for infor- mation; two counts); RPC 1.4(b) (duty to explain a matter to the extent reasonably necessary; two counts); RPC 1.15-1(c) (duty to deposit client funds into trust; two counts); RPC 1.15-1(d) (prompt re- turn of client property on request); RPC 1.16(d) (duty to return client file after termination and refund unearned fees; two counts); and RPC 8.1(a)(2) (duty to respond to disciplinary inquiries; three counts). In submitting his Form B resignation, Hawes attested that he did not wish to contest or defend against these formal charges or allegations of misconduct. The resignation recited that Hawes did not have any active clients, cases or files and that all former client files were returned to those clients. MICHAEL D. HOFFMAN OSB #710853 Mexico Form B resignation Effective Aug. 24, 2017, the Oregon Supreme Court accepted the Form B res- 42 OREGON STATE BAR BULLETIN • NOVEMBER 2017 ignation of former Portland attorney Mi- chael Hoffman. At the time of his resignation, a com- plaint that had been previously dismissed was renewed, and following additional in- vestigation, a formal proceeding was pend- ing, alleging violations of RPC 1.7(a)(2), RPC 3.3(a)(1), RPC 3.4(d), RPC 8.4(a) (3) and RPC 8.4(a)(4), allegations that arose out of his representation of a doctor in a medical malpractice case. Hoffman has been retired and living in Mexico for the past four years and has no active clients or active client files. For- mer client files may be found at the Port- land law firms of Hart Wagner or Smith Freed & Eberhard. JAMES R. KIRCHOFF OSB #081879 Grants Pass 2-year suspension James Ryan Kirchoff was suspended by the Oregon Supreme Court, effective Oct. 2, 2017. In re Kirchoff, 361 Or 712 (2017). Kirchoff represented the respondent in a marital dissolution but did not file an appearance. After the petitioner obtained an ex parte default judgment in February 2014, Kirchoff moved in early March 2014 to vacate the judgment based upon ORCP 69 B(2). Kirchoff filed a declara- tion stating he had provided petitioner’s counsel written notice of intent to appear on Jan. 29, 2014. Opposing counsel stat- ed that he had received no such notice. Kirchoff’s reply included a supporting declaration with a four-page document purporting to be an email he had sent to counsel on Thursday, Jan. 29, 2014, as evidence of his written notice. The trial judge denied the motion to vacate. Kirchoff filed a new motion, again as- serting that he had provided counsel writ- ten notice of intent to appear on Jan. 29, 2014. At a hearing on this motion, coun- sel pointed out several anomalies with the purported Jan. 29 email, including that it appeared to be the concluding message in an email thread about a different case — and that earlier emails in the thread included Kirchoff’s signature block for a law firm that Kirchoff had not joined until March 1 and which did not yet exist on Jan. 29, 2014. Kirchoff told the judge that the anomalies were due to technical prob- lems. The trial court granted Kirchoff’s motion to vacate. In response to the bar complaint, Kirchoff asserted that the purported Jan. 29 email must have been a draft email he created in January 2014 to experiment with his future signature block and that he must have printed it to show his sec- retary, who mistook it for a real email and filed it in the client file. The bar charged Kirchoff with violat- ing RPC 3.3(a)(1) (making a false state- ment to a court); RPC 3.4(b) (falsifying evidence); RPC 8.1(a)(1) (making a false statement in connection with a disciplin- ary matter); and RPC 8.4(a)(3) (engaging in conduct involving dishonesty, fraud, deceit or misrepresentation). At the disciplinary trial, the bar’s ex- pert testified that Kirchoff’s explanation as to how the purported Jan. 29 email came to exist was not credible. First, a draft email that had never been sent would not display a “sent” field with a date. More- over, the “sent” date shown did not exist; Jan. 29, 2014, was not a Thursday. And, the document’s header was not consistent with an unsent draft. These anomalies, together with the fact that the purported Jan. 29 email used a signature block for a firm that did not exist until after the de- fault judgment had been entered against his client, led the disciplinary trial panel to conclude that Kirchoff knowingly falsi- fied the email, submitted it to the court and that in addition, his statements to the bar were knowingly false. On review, the Oregon Supreme Court agreed. STEPHEN R. RASMUSSEN OSB #871480 Portland 6-month suspension, all but 60 days stayed, 2-year probation |
Effective Sept. 5, 2017, the disci- plinary board approved a stipulation for discipline suspending Portland attorney Stephen Rasmussen for six months for violation of RPC 8.4(a)(4) (conduct prej- udicial to the administration of justice). All but 60 days of the suspension is stayed pending Rasmussen’s successful comple- tion of a two-year term of probation fo- cusing on practice and case management. In August 2007, Rasmussen’s firm was retained by an insurer to defend a doctor in malpractice litigation. Shortly thereaf- ter, the doctor faxed a law partner his per- sonal typewritten notes from around the time of the subject event, copies of which were placed in several places within the doctor’s client file. In October 2007, plaintiff’s coun- sel made a request for production broad enough to contemplate production of the personal notes. After Rasmussen was as- signed to assist with the case, he prepared a response to the production request but did not produce the personal notes. In February 2008, Rasmussen and the part- ner at least twice discussed whether the personal notes should be produced, and Rasmussen suggested that they at least in- form plaintiff’s counsel of their existence. Prior to informing plaintiff’s counsel of the personal notes and finally produc- ing them in August 2008, the firm omit- ted the fax transmission report at the top of each page, which identified that the doctor had sent the notes to the firm in August 2007. At two depositions, the doctor was ex- tensively questioned by plaintiff’s counsel about why he had failed to produce the personal notes until August 2008, and was accused of lying. The doctor was not al- lowed to answer as to when he had given the personal notes to the firm. Plaintiff’s counsel filed a motion for sanctions, alleging that the doctor had intentionally withheld the personal notes for nearly a year and had lied about hav- ing other notes. Plaintiff’s counsel sought to strike the doctor’s answer and enter an order of default against him. Because Ras- mussen did not review the file to deter- mine when the personal notes had been received prior to responding to the mo- tion for sanctions, he did not disclose in the response that his firm had possessed the personal notes since August 2007. As a result of the allegations that the doctor had willfully obstructed discovery, the doctor’s insurer advised him that it re- served the right to deny insurance cover- age and advised the doctor to retain his own attorney at his own cost. After the doctor’s new attorney conveyed to plain- tiff’s counsel that Rasmussen’s firm had received the personal notes from the doc- tor in August 2007, plaintiff’s counsel dis- missed the motion for sanctions. The stipulation recited that Rasmus- sen’s sanction was aggravated by the vulnerability of his doctor client and his substantial experience in the practice of law, but mitigated by his lack of prior discipline and his cooperation, character and reputation and remorse. TOMAS FINNEGAN RYAN OSB #760274 Portland 60-day suspension Effective Sept. 7, 2017, the disci- plinary board approved a stipulation for discipline suspending Portland lawyer Tomas Finnegan Ryan for 60 days for violations of RPC 1.15-1(a) (failure to hold client funds in a lawyer trust ac- count and maintain complete records); RPC 1.15-1(b) (deposit of lawyer funds into trust for reasons other than bank service charge or minimum balance re- quirements); and RPC 1.15-1(c) (failure to deposit and maintain client funds in trust until earned). After miscalculating the available funds in his IOLTA account, Ryan sent a check on behalf of a client that over- drew the account. A subsequent deposit of earned fees cured the overdraft, but Ryan’s attempt to immediately withdraw the full amount of the deposit caused the account to be overdrawn a second time. In response, Ryan deposited his own money to correct the overdraft imbalance and bring the trust account to a positive balance. These deposits of earned and personal funds into the IOLTA account violated RPC 1.15-1(b). In another matter, Ryan wrote a check for $3,500 to a client from the I OLTA ac- count — the amount that Ryan’s client ledger indicated should have been on hand for the client. At the time that the client negotiated the check, there were insufficient funds in the IOLTA account to cover the check. The check was hon- ored by the bank, which drew on all other client funds in the account and over- drew the IOLTA account. The bank also charged an overdraft fee to the IOLTA account. Subsequently, a check for $2,000 pay- able to Ryan for earned fees was presented for payment from the IOLTA account against a negative balance. At that time, no funds belonging to that client were on deposit in the IOLTA account.The bank did not honor the check on either of the two times it was presented for payment and charged additional overdraft fees to the IOLTA account for each attempt. Ryan acknowledged that his failure to properly track and safeguard his client’s funds violated RPC 1.15-1(a) and (c). Ryan then deposited his own funds into the IOLTA account to cover the overdraft and overdraft fees, which again violated RPC 1.15-1(b). The stipulation recited that Ryan’s conduct was aggravated by a pattern of misconduct, multiple offenses and sub- stantial experience in the practice of law. It was mitigated by absence of prior dis- cipline, cooperation in the disciplinary proceeding and remorse. MICHAEL REUBEN STEDMAN OSB #024620 Medford Disbarment Effective Aug. 15, 2017, the disci- plinary board disbarred Medford attorney Michael Reuben Stedman for violations of RPC 1.3 (neglect of a legal matter); RPC 1.4(a) (duty to keep a client rea- sonably informed and promptly comply with reasonable requests for informa- tion); RPC 1.4(b) (duty to explain a matter to the extent reasonably neces- sary); RPC 1.5(a) (charging or collecting a clearly excessive fee); RPC 1.15-1(a) (holding others’ funds separate from lawyer’s own property); RPC 1.15-1(c) (depositing client funds into trust); RPC 1.16(c) (duty to comply with notice to or permission of a tribunal when terminat- ing representation); RPC 1.16(d) (duty to return client file after termination and refund unearned fees); RPC 3.3(a) (knowingly false statements); RPC 3.4(c) (knowingly disobeying tribunal obligations); RPC 8.1(a)(2) (responding NOVEMBER 2017 • OREGON STATE BAR BULLETIN 43 |
New Office Serves Portland Metro Clients We are pleased to announce our new location in Portland’s Congress Center building, offering greater convenience for clients in Clackamas, Multnomah and Washington Counties. Attorney Adam Shelton will provide comprehensive legal services in the following areas: •Complex Divorce •Personal Injury •Family and Juvenile Law •Estate Planning Adam Shelton 1001 SW Fifth Avenue, 16th Floor Portland, OR 97204 44 OREGON STATE BAR BULLETIN • NOVEMBER 2017 541.338.9111 ArnoldLawFirm.com to disciplinary inquiries); RPC 8.4(a)(3) (dishonest and fraudulent conduct); and RPC 8.4(a)(4) (conduct prejudicial to the administration of justice). During 2011 and 2012, Stedman filed requests for “implied consent” hearings for individuals who had been stopped by law enforcement officers for vehicular code violations. Stedman knew he had not met and did not represent most of these individuals prior to requesting hear- ings on their behalf. As such, his requests were false and misleading because they contained material misrepresentations. Stedman undertook to represent a client in a criminal matter pursuant to an oral fee agreement in which Stedman agreed to pursue a civil compromise. Sted- man failed to deposit his client’s $6,500 retainer into his client trust account, failed to keep adequate records and know- ingly converted his client’s retainer. Dur- ing the representation Stedman failed to take any substantive steps to obtain a civil compromise and to communicate with his client. Stedman falsely represented to his client that he had negotiated a civil com- promise of $5,000. Stedman failed to de- posit his client’s payment of $5,000 into his client trust account, failed to keep ad- equate records and knowingly converted his client’s payment. After Stedman filed two bankruptcy petitions without paying the filing fee, the bankruptcy court ordered him to ap- pear and show cause why his attorney fees should not be reduced. Stedman failed to appear and paid the filing fees without no- tice to the court. The court then ordered Stedman to disgorge $500 in attorney fees to both clients and submit proof of pay- ment. Stedman failed to do so and was ordered by the court to attend mediation to address his failure to comply with court orders. Again, Stedman did not comply. Stedman failed to withdraw from the mat- ters and failed to obtain the court’s per- mission to withdraw. After Stedman was paid a $7,500 re- tainer to represent his client through a criminal trial, he abandoned his law practice and failed to communicate with his client. Stedman transferred the cli- ent’s file to another attorney, knowingly and falsely representing that he had first obtained the client’s consent. Stedman failed to provide a copy of the file or to |
refund any portion of the retainer to the client, knowingly converting the retainer. Stedman was suspended by the disci- plinary board pursuant to BR 7.1 after he failed to cooperate with the bar’s investi- gations. In disbarring Stedman, the trial panel found that Stedman acted with a dishon- est or selfish motive, engaged in a pattern of misconduct, committed multiple of- fenses, engaged in bad faith obstruction of the disciplinary proceeding, refused to acknowledge the wrongful nature of his conduct, had substantial experience in the practice of law and was indifferent to making restitution. In addition, his cli- ents were found to be vulnerable victims. Legal Ethics Assistance A new ethics assistance helpline has been set up to efficiently connect members to an available bar staff attorney. The bar’s general counsel’s office is available to discuss prospective legal ethics questions related to a member’s own conduct. A staff at- torney can help identify applicable ethics rules, point out relevant formal ethics opinions and other resources and share an initial reaction to callers’ ethics questions. OMLA’s 18th Annual Summer Social & Fundraising Auction Many thanks to all of our donors who helped us raise $21,586.95 to provide bar exam grants to minority law school graduates! Special Thanks To Our Event Sponsor Special Recognition Donors OMLA Friends OMLA Friend ($250 to $499) OSB Disability Law Section OMLA Benefactors ($1000 or more) Albies and Stark LLC OSB Nonprofit Organizations Law Section OSB Juvenile Law Section Ball Janik LLP Bennett Hartman Morris & Kaplan LLP Klarquist Sparkman, LLP Bullard Law Artistic Bliss Portraits Miller Nash Graham & Dunn LLP Lewis & Clark Law School Columbia Sportswear Parsons Farnell and Grein, LLP Nimbus & Hall Starbucks Stoel Rives OSB Government Law Section Samuels Yoelin Kantor OSB Appellate OSB Labor & Employment Practice Section Section Hood River Distillers Greenlight Marketing Arthouse Talent Anheuser Busch OSB Civil Rights Section Annastasia Salon – Lindsey Payne OSB Constitutional Law Section Annastasia Salon – Charisse Barran Liebman LLP OSB Diversity Section The assistance that bar staff pro- vides is informal and nonbinding and is not confidential; no attorney-client relationship is established between callers and the lawyers employed by the Oregon State Bar. (Lawyers seeking confidential ethics advice about the propriety of their previous decisions or actions should consult a private attorney.) Davis Wright Tremaine OSB Juvenile Law Section Annastasia Salon – Molly O’Neil Dunn Carney OSB Real Estate & Land Use Section Troy Itami – Buffalo Gap Multnomah Bar Association Jason Jeffords OAPABA Nick Johnson – Pinot Car Members with questions can call the ethics helpline at (503) 431-6475 to be connected to the first available bar staff attorney. See www.osbar.org/ethics for more information. OMLA Patrons OMLA Patron ($500 to $999) Harrang Long Gary Rudnick P.C. Lane Powell Law Office of Elizabeth Inayoshi, LLC Perkins Coie Corporate, Firm & Individual Donors Tonkon Torp Anderson & Yamada PC OSB Criminal Law Section Greene & Markley OSB Elder Law Section Law Office of Paul Heatherman PC OSB Sole & Small Firm Practitioners Section OSB Workers Compensation Section Brad West Melissa Rowe – MelRowes Designs Jewelry Event Coordinator Mark Wada - Farleigh Wada Witt Michael Murphy NOVEMBER 2017 • OREGON STATE BAR BULLETIN 45 |
BAR PEOPLE Among Ourselves Tyler Harkness has joined the Oregon Entrepreneurs Network board of directors as its sec- retary. Harkness is a general business lawyer who works in Tonkon Torp’s entrepreneurial ser- vices, corporate finance and mergers and acquisitions practice groups. His practice includes advising startup companies and working with established businesses. The firm has had an attorney serving on the entrepreneurs network board since the early 2000s. Tonkon Torp part- ner Caroline Har- ris Crowne has been elected to the board of governors of the City Club of Portland. She has been active with the nonprofit civic organization since 2005, serving as chair and adviser to sev- eral research committees, as a member of the research board and as the chair of a steering committee for events program- ming. Harris Crowne’s practice focuses on commercial contracts, business ownership disputes and accounting issues. Judge Daniel J. “Dan” Hill, pre- siding judge of Oregon’s 6th Ju- dicial District, has been promoted to brigadier general as the assistant to the chief counsel, National Guard Bureau, to also perform the duties of the 46 OREGON STATE BAR BULLETIN • NOVEMBER 2017 National Guard adviser to the judge ad- vocate general of the U.S. Army. Brig. Gen. Hill is now the highest-ranking tra- ditional (part-time) Army national judge advocate in the United States. The posi- tion, located at the Pentagon, is a reserve position in federal status, and Judge Hill will continue his service on the bench for Umatilla and Morrow counties. Maryruth Storer recently received the American Association of Law Librar- ies Hall of Fame Award. The award recog- nizes members who have made significant contributions to the profession and the association. Storer, an active member of the OSB, is currently law library director at the Orange County Public Law Library in Santa Ana, Calif. Lane Powell share- holder Robert E. Maloney Jr. has been reelected as chair of the Oregon Zoo Foundation’s advocacy com- mittee and an ex- ecutive committee member of its board of trustees. The foundation’s mission is to foster community pride and involvement in the zoo and to secure financial support for its conservation, education and ani- mal welfare programs. Maloney was also recently appointed to the National Law- yers Advisory Council for Volunteers of America, which assists state chapters on matters of common interest. Susan Dussault, an adjunct at Willa- mette University College of Law, is serv- ing as acting director of the law school’s immigration and human rights clinic this semester. In addition, she recently formed a nonprofit organization, Legal Immigra- tion Services & Teaching for Oregon Students (LISTOS), to support her pro bono work. LISTOS is partnering with Mission: Citizen, a nonprofit run by stu- dents at Portland’s Lincoln High School, to help people prepare for the naturaliza- tion exam and U.S. citizenship. Barnes Ellis has been selected to re- ceive the Ken Morrow Lifetime Achieve- ment Award by the Oregon Criminal Defense Lawyers Association. Ellis was a senior partner at Stoel Rives, specializ- ing in business litigation, until retiring in 2011. He served for 30 years on the board of Metropolitan Public Defender Services and as chair of the Public Defense Servic- es Commission from its inception in 2000 until 2016. Ellis now serves as senior legal counsel for Mercy Corps, the internation- al aid organization based in Portland. Farleigh Wada Witt congratulates Gus- tavo (Tavo) Cruz, Jr. on being elected chair of the board of commissioners for Prosper Port- land (formerly the Portland Devel- opment Commis- sion). Prosper Portland commissioners are nominated by the mayor and approved by the city council. Cruz has been a commis- sioner since 2015, and brings more than 30 years of business experience and law practice to the board. His law practice focuses on commercial finance and other business transactions. Moves Mike Freese has joined the Romain Group’s team of lawyers and public policy advocates. Freese previously served as vice presi- dent of Oregon Business & Indus- try, the state’s larg- est business association. He has managed complex energy, environment and trans- portation policy matters at the state and federal level and advocated for the Ore- |
gon business community, while designing policy development processes to merge statewide business organizations. Abby Wool Land- on has joined Tonkon Torp as a partner in its estate planning practice group, business department and tax practice group. Landon, who will chair the firm’s estate planning group, has focused her practice on estates and trusts law for more than 25 years. She was most re- cently with the Williams Kastner firm. Her practice in Oregon and Washington is focused on drafting, planning and ad- ministering estates, probates and trusts, and helping clients navigate strategies associated with contested probate, wills and trusts. She also has more than 35 years of experience helping individual and corporate clients with business law issues. Sadie Forzley has been appointed as an assistant attorney general in the special litigation unit of the trial division of the Oregon Department of Justice. She previ- ously was a Department of Justice honors attorney and clerked for Chief Judge Rick Haselton and Judge Scott Shorr at the Or- egon Court of Appeals. Thenell Law Group is pleased to welcome partner Anne Cohen and associate Sharlei Hsu to its Portland office. Both focus on construction, employment and cyber law, primar- ily in an insurance defense context. Cohen was select- ed as a 2017 Super Lawyer and is li- censed in Oregon, Washington and Utah. Both Cohen and Hsu are gradu- ates of the University of Oregon School of Law. The Western Re- sources Legal Cen- ter welcomes Shay S. Scott as its first legal director. The center is a nonprofit legal educational program affiliated with the Lewis & Clark Law School. Its mission is to train law students to de- velop practical legal skills and specific knowledge of natural resources and envi- ronmental laws by assisting with the legal representation of farmers, ranchers, min- ers, foresters, resource developers and other natural-resource-dependent entities. Scott previously spent 24 years in private prac- tice with Haglund Kelley in Portland. Lewis Brisbois is pleased to welcome Kenneth J. Abere Jr. and Nicole M. Nowlin to its Portland office as partners in the general liability practice. They are accomplished litigators with experience handling a variety of matters, including personal injury, premises liability and product liability cases. They have spe- cial knowledge in the challenging area of defending allegations of sexual abuse and sexual misconduct. Abere’s litiga- tion practice focuses on personal injury, premises liability, real estate and business litigation. He has represented clients in more than 30 jury trials and 200 arbitra- tion hearings. Nowlin regularly handles insurance coverage matters and represents insurance companies in various coverage disputes. She has also defended businesses and individuals in an array of complex matters, including product liability, prem- ises liability and automobile liability. Gaydos Churnside and Balthrop an- nounces that Mark M. Williams has opened a satellite office in Bandon at 50219 Highway 101 South, Suite D-1; phone (541) 347-1200. The of- fice is managed by his first cousin, Marilyn Williams, a legal assistant with more than 30 years of experience. Williams will con- tinue his practice of elder law, guardian- ship/conservatorship, probate and estate planning. He is a former partner in the Portland law firms The Elder Law Firm and McMenamin, Williams & Taylor, and a former assistant general counsel for the Oregon State Bar. Daniel Duyck is pleased to announce the opening of Duyck & Associates, a civil litigation firm located at 3701 S.E. Milwaukie Ave., Suite F, Portland, OR 97202. He continues to practice construc- tion law, real estate law and personal in- jury. He can be reached at (503) 764-2030 and dduyck@duycklaw.com. Gordon Rees Scul- ly Mansukhani has elevated Portland- based attorneys Molly McKay Wil- liams and Kjersten Turpen to partner. Williams focuses her practice on commercial litiga- tion specializing in toxic tort, environ- mental, products liability and other types of personal injury cases. She is also licensed to practice in Cali- fornia and Wash- ington. Williams co-founded Marriage Equality USA in 1996 and has been na- tionally recognized for her work in secur- ing civil rights for the LGBT community. She co-chairs the firm’s LGBT affinity group. Turpen’s practice includes defend- ing liability claims on behalf of product manufacturers and suppliers, as well as representing employers in discrimination, harassment, retaliation and wrongful ter- mination matters. She regularly counsels employers on a variety of personnel issues, provides sexual harassment prevention and other trainings and serves as an inde- pendent investigator into employee com- plaints. Turpen is also licensed to practice in California and Washington. Elizabeth Bingold has joined Pacific Seafood Group as corporate counsel. She will be an integral member of the compa- ny’s legal and strategic affairs department, which oversees the firm’s national and in- ternational legal, compliance, risk manage- ment and government affairs matters. Prior NOVEMBER 2017 • OREGON STATE BAR BULLETIN 47 |
Fitzwater Meyer Hollis & Marmion, LLP and Guardian Partners to joining Pacific Seafood, Bingold worked at the Port- land office of Davis Wright Tremaine, where her focus was general commercial litigation. proudly congratulate Theressa Hollis recipient of the 2017 OSB President’s Public Service Award Fitzwater Meyer Hollis & Marmion, LLP 503.786.8191 6400 SE Lake Rd., Suite 440 fitzwatermeyer.com Portland, OR THollis@fitzwatermeyer.com Gevurtz Menashe is pleased to welcome Amy J. Cross, who will handle estate planning matters in Oregon. Cross has spent 10 years practicing estate planning and fam- ily law in Portland and will continue her practice handling wills and revocable trusts, estate and gift taxes, probate, asset protection planning and beneficiary and trustee representation for Oregon clients. The Eugene firm of Matthew D. Long- tin is pleased to an- nounce that Mallo- ry J. Woodman has joined the firm as an associate. Woodman previously clerked for the Hon. Karrie K. McIntyre at the Lane County Circuit Court. Her practice is focused on family law and related mat- ters. Another firm member, Harold S. Neth, now offers mediation services. Neth’s practice will continue to focus on family law and related matters as a mediator and trial lawyer. The Portland office of K&L Gates welcomes Scott C. Nelson as of counsel in the firm’s public policy and law practice group. A former associate, Nelson rejoins the firm after tenures in Oregon state government and with his own law and lobbying practice. He provides legal and government affairs counsel on a range of health care, tax, trade and environmental issues, as well as on political law and gov- ernment ethics matters. 48 OREGON STATE BAR BULLETIN • NOVEMBER 2017 |
Alexa Johnson has joined Klarquist Sparkman, where she practices in all areas of intellec- tual property law, with a focus on the preparation and prosecution of U.S. and foreign patent applications. Her areas of expertise in- clude biotechnology, medical devices and chemical and mechanical engineering. Previously, Johnson was a patent depart- ment extern at NASA’s Glenn Research Center and a process engineering intern at Arclin and E. & J. Gallo Winery. Kristin Asai has joined Holland & Knight’s Portland office as an associ- ate. Her practice includes defend- ing complex class actions as well as litigating contract, professional neg- ligence, environmental and shareholder claims in state and federal courts around the country. She also has significant ex- perience handling election challenges and government litigation in Oregon and Washington. Previously, Asai was an asso- ciate with Markowitz Herbold in Portland. Daniel K.T. Brown has joined Student Survivor Legal Ser- vices at the Uni- versity of Oregon’s Domestic Violence Clinic as an attor- ney fellow. His work will focus on sexual assault and domes- tic violence cases in the context of student conduct code hearings, civil protective or- ders and other civil legal remedies. He will also be practicing family law for low-income survivors in the local community. Tonkon Torp has hired Meg Houlihan as an associate in its litigation department. Prior to joining the firm, Houlihan served as a judicial law clerk for the Hon. Morgan Christen at the 9th U.S. Circuit Court of Appeals and for U.S. District Judge Mi- chael Simon. During her clerkships she Planning a Vacation? Refer to the OSB Bulletin classified section for vacation rentals, office space, positions available and more. At Davis Rothwell Earle & Xóchihua PC we are constantly moving toward our company vision—to cultivate top talent, earn the most challenging cases, and grow our legacy of excellence as the first choice defense litigation firm in each regional market we serve. To that end, we are pleased to announce the following attorneys have recently joined our firm: Cassandra L. Bow Top 11 Percent, University of Oregon School of Law 2017 (Portland Office) Ronald Allen Yu Deans List, University of Minnesota Law School 2016 (Seattle Office) Amy L. Saack Magna Cum Laude, Lewis & Clark Law School 2017 (Portland Office) DavisRothwell.com NOVEMBER 2017 • OREGON STATE BAR BULLETIN 49 |
The Oregon Law Foundation offers sincere thanks to The largest community bank on the west coast has underscored its commitment to giving by becoming a Visionary Leadership Bank, paying 1% interest on IOLTA deposits. This will provide more funds for legal aid in Oregon at a time when the need is greater than ever. worked on a variety of civil and criminal cases in many areas, including environ- mental, intellectual property, employ- ment, civil rights and tribal law. Learn more about our Leadership Banks at www.oregonlawfoundation.org Where you bank matters! Hathaway Larson LLP is pleased to announce that Trinh C. Tran has joined the firm as Of Counsel. His practice will focus on real estate and corporate matters. Hathaway Larson LLP is a business and real estate law firm specializing in real estate transactions and finance, land use and real estate development, mergers and acquisitions, corporate finance and securities. www.hathawaylarson.com In Memoriam Ronald Adams passed away from amyotrophic lateral sclerosis on Aug. 14 at his home, sur- rounded by family. The second of five children, Adams grew up in Florida and Colorado, lat- er living in California before moving to Portland. He practiced law with Black Helterline until his retirement in 2013. Adams was a passionate academic, earning a B.S. in chemistry from the Uni- versity of Colorado and an M.S. in chem- istry from the University of Illinois. He also studied atomic physics at the Univer- sity of California, Davis and engineering economic systems at Stanford University. He received his J.D. from the University of Santa Clara in 1976. An avid tennis player, Adams also en- joyed biking and traveled extensively with his family and friends. His dry sense of hu- mor was well known and his wise counsel always appreciated. He will be remembered for his warm heart, personal integrity, in- tellectual curiosity and kindness. Adams is survived by his wife of 44 years, Debbie, four children, their spouses and grandchildren. John D. Albert of Salem died Aug. 27 at the age of 66. A Portland native, Albert earned his B.S. from Lewis & Clark College and his J.D. from the University of Oregon College of Law. His legal career first took him to the 50 OREGON STATE BAR BULLETIN • NOVEMBER 2017 |
district attorney’s office in Multnomah County. After brief stints in Klamath Falls and The Dalles, he joined the law firm of Churchill Leonard in 1981. In 1991, Albert and five other attorneys started the firm of Donaldson Albert Tweet Connolly Hanna & Muniz. In 1997, he and Steve Tweet left to form Albert & Tweet. When Tweet retired in 2014, Albert joined the firm of Sher- man Sherman Johnnie & Hoyt. He was a valued member of the SSJH team, being of counsel and assisting other attorneys with his extensive legal expertise. Albert’s practice emphasized agricul- tural and creditors’ rights issues, and he was deeply involved in the bankruptcy bar. In 2011, he helped author a law that added contract protections for Oregon grass seed growers, and he played a key role during the 2017 legislative session in drafting and gaining the enactment of Senate Bill 899, which modernizes Oregon’s receivership laws. Albert had many interests outside the office, including camping, hiking, fly fishing, gardening and cooking. He is survived by his mother, wife Claudia, three children STATE BAR grandchild, as well 2 OREGON and a BULLETIN as many relatives, friends, co-workers and colleagues. Todd Eugene French of Portland died unexpectedly Sept. 26 while do- ing what he en- joyed: diving into and understanding his client’s tech- nologies with a level of compre- hension second to none. French earned a B.S. in physics from Michigan Technological University and an M.S. and Ph.D. in physics from the University of Illinois at Urbana-Cham- paign. His graduate work focused on biophysics, including fluorescence and optical frequency-domain techniques. After 10 successful years in medical technology, French attended Lewis & Clark Law School, graduating in 2012. He joined Dascenzo Intellectual Prop- erty Law as a patent attorney the follow- ing year. French represented his clients with warmth, devotion and the zeal for Need help with a big case? Want to take a vacation? Contact the OWLS Contract Lawyer Service. We can help! Contact us with project/job information. We immediately post the announcement to our contract lawyer listserve. You are promptly contacted by contract lawyers who meet your criteria. No fee to post jobs or projects. You pay the contract lawyer you hire. OWLS contract lawyers are statewide. Many levels of experience. Many types of expertise. For more information or to post a job, contact Diane Rynerson: (503) 841-5720 or diane@oregonwomenlawyers.org MONTH YEAR In Memorium John D. Albert 1951-2017 41 year member of the Oregon State Bar Of Counsel Atty Sherman Sherman Johnnie & Hoyt, LLP “John’s practice emphasized agricultural and creditors rights issues and he was deeply involved in the Bankruptcy Bar. He will be deeply missed by his many colleagues, clients, and friends.” NOVEMBER 2017 • OREGON STATE BAR BULLETIN 51 |
Congratulations! 2017 Annual Award Winners OSB Award of Merit Donald B. Bowerman Wallace P. Carson Jr. Award for Judicial Excellence President’s Public Leadership Award Hon. Sid Brockley Hon. Diarmuid F. O’Scannlain Steven P. Bjerke President’s Membership Service Award Erin N. Dawson M. Christopher Hall Bruce L. Schafer President’s Diversity & Inclusion Award Rima I. Ghandour Iván Resendiz Gutierrez Diane S. Sykes being a lifetime student of science and technology. His impressive credentials pale in comparison to the fullness of his personal life and interests. French was an active member of Lake Oswego United Method- ist Church, an avid outdoorsman, a de- voted bowler and a wine enthusiast. He was a consummate student and teacher, sharing himself in countless ways. Most importantly, his life overflowed with kind- ness, generosity and a deep love for family. He did not demand anything, but he in- spired much — respect, laughter and love. He also refused to wear socks. French is survived by his wife, Kim- berly, their two sons, three siblings and numerous nieces, nephews and cousins. President’s Public Service Award Sheryl Balthrop David C. Glenn Theressa Hollis President’s Sustainability Award Have an Item for the Bulletin? William H. Sherlock Christopher G. Winter President’s Special Award of Appreciation Hon. Christopher L. Garrett John E. Grant The Bulletin welcomes short items about Oregon lawyers and law firms for the Bar People pages of the magazine. Notices are published at no cost. Email notices to: editor@osbar.org. The Oregon Bench & Bar Commission on Professionalism’s Edwin J. Peterson Professionalism Award Julia M. Hagan Submissions are subject to editing and published in the order received. The Bulletin publishes photographs (single headshots only) in “Moves” and “Among Ourselves” and “In Memoriam.” The fee is $20 for each photograph. (The notice itself is free.) Paid professional announcements are also available. Inquire at advertising@osbar.org. Questions? Call the Bulletin, (503) 431-6356 or (800) 452-8260, ext. 356. 52 OREGON STATE BAR BULLETIN • NOVEMBER 2017 |
Legal Ethics Helpline 503-431-6475 Please use this number to request ethics assistance from OSB counsel. NOVEMBER 2017 • OREGON STATE BAR BULLETIN 53 |
CLASSIFIEDS FOR SALE OregonPEN.org – Oregon Public Empowerment News. Weekly Email Issues/Legal Newspaper. OSB mem- ber special: Subscribe at Oregon PEN.org for $25, OregonPEN gives $20 to Lawyer’s Campaign for Equal Justice (CEJ). OFFICE SPACE 1400 SW MONTGOMERY STREET, PORTLAND – Two offices available October 2017 in Goose Hollow neighborhood, just outside downtown core. Share space with small firm, solo lawyers, and other professionals. $750-$850 includes parking, reception services, confer- ence room, other amenities. Con- tact Gaylord Eyerman Bradley PC at 503-222-3526 or email reception ist@gaylordeyerman.com. AVAILABLE DECEMBER 1, 12’ X 13’ OFFICE IN CONGRESS CEN- TER – Includes reception, con- ference room, kitchen, access to high-volume copier. Building has workout facility, shower. $850/mo. Contact Christine, 503-242-1122, ctracey@nwlawfirm.com. BETHANY OFFICE SPACE – 1500 NW Bethany Blvd, one block off Hwy 26 at Cornell-Bethany exit. 10’ X 17’ office in three-office suite with 2 family law attorneys. In- cludes kitchen, conference room, library, space for staff, office re- ceptionist. Free parking. Showers in bldg. Great for tri-county or media- tion practice. Some family law over- flow likely. Available now, $700- $1000/mo. Contact: Ron or Torah at (503) 226-7986 DOWNTOWN OFFICE SPACE in American Bank Building next to Pio- neer Square. 3 attorney’s offices, one small and two partner size. Support staff space if desired. Con- ference room, copier, fax/internet/ phone, receptionist included. Fit- ness center, showers and bike racks available in building. If interested, call Steve at 503-223-5814 or slb@ brischettolaw.com. DOWNTOWN PORTLAND/PRI- VATE OFFICE – 18x14 10th floor, corner office in Cascade Build- 54 OREGON STATE BAR BULLETIN • NOVEMBER 2017 ing, private entrance w/ signage. New Paint & Carpet. 2 blocks from Pioneer Square and MAX Transit hub. Alder Street Parking Garage across street. Rent includes recep- tion, telephone/internet, office conference room, shred, copier & postage machine use. Building amenities: Gym, w/shower, tenant lounge. $1,150.00 per month, thru 12/2017. New rate in 2018. Con- tact Jon @ 503-243-2733 or jon@ kramer-associates.com. EAST SIDE – Two newly renovated office spaces in class a building at the corner of Sunnybrook and 97th Avenue. Both third floor offices have exterior window facing toward Mt. Talbert Park. Secretarial space in bullpen is available for an additional fee. Each office comes with shared receptionist, conference room and kitchen facilities. Phone rental and copier use at cost. Building features an interior atrium, elevator, nearby wooded area with a creek and picnic tables, shower facilities with lockers, additional conference room. $1000/ month per office. Contact Linda 503- 224-2171 or linda@benglelegal.com. HILLSBORO – 2 elegant offices 1 block from courthouse. $650.00/ea, utilities included w/first month free. For pics/info contact John Elliott: (503) 648-3146, or JMEDrum@ Earthlink.Net. HILLSBORO DOWNTOWN OF- FICE SPACE one block to court- house, free reserved parking. Single private offices on month to month or longer. $ 325 per month. Larger suites also available. New Comcast high speed internet available! Call Jay Weil (503) 924-5772, or e-mail jaymweil@aol.com. 2 LAW OFFICES AVAILABLE DOWNTOWN at the Honeyman House, 1318 SW 12th Avenue, Port- land. Professionally remodeled Vic- torian House. Easy street parking for clients, 10 minute walk to the courthouse, and easy freeway ac- cess. Amenities include law library, large conference room, access to copier and fax. One office is $700 per month and a smaller office is $500 per month. Both offices come with a free tenant parking place ($205/month value) with a mini- mum 30 month lease. Contact Allan at (503) 781-7887 or Eric at (503) 224-1212. 1 OFFICE AVAILABLE in his- toric building in Corbett/Lair Hill neighborhood, close to down- town Portland. Share space with several experienced plaintiff’s and transaction lawyers. Office has Mt. Hood view, good light and room for small conference table. Free parking and customary of- fice amenities, including copier/ scanner and VOIP phone/internet. Contact us at charlesreynolds@ tr-law.com or dave@elliott-park.com, (503) 222 3529. OFFICE BY SOUTH WATERFRONT Free parking with 11’ x 13’ office in suite of plaintiff employment law- yers near mass transit. Includes part- time receptionist, internet, shared conference room, scanner/copier. $650/month. Contact Don at 503- 223-2612; donpotter@spaulding potter.com. OFFICE FOR RENT near Washing- ton Square. 182 sq.ft. $600/month. Includes: Wi-Fi, access to color copier, fax, desk, credenza, file cabi- net, 5 leather chairs, free parking, and many local dining options. Call 503.452.1210 for more information. PROFESSIONAL OFFICE/APART- MENT SPACE AVAILABLE in the historic Thomas Mann Building at 820 SW Second Avenue. Lease is currently available for $975 per month. Apartment has impressive 12’5” ceilings with tall windows and a loft. Lease includes: •Pro- fessional office/apartment •Mail Service •Shared use of conference room, library, bicycle storage room, personal storage space and roof- top deck. •Use of suite photocopy machine (per copy charge) and fax machine. •Located on the Yamhill Station MAX line For inquiries or more information please call Diane Fulton at 503-228-5222 or email at dfulton@tcnf.legal. SALEM OFFICE SPACE – (1020 Lib- erty Street SE) Three Exterior Offices available for sublease and office share with Collier Law. Includes re- ception, conference room, kitchen, ample parking, including covered parking, and signage. Available May 1, 2017. Contact Ryan at 503- 485-7224 or ryan@collier-law.com. SATELLITE OFFICE SPACE - 1902 4th, La Grande, Oregon. For lease or sale near downtown, courthouse, and post office. Four separate of- fices, conference room/ library, and additional floor area for reception, paralegal or other staff. Phone sys- tem, library, reception area furnish- ings, basement storage and park- ing. Building with 2 more suites for sale or lease. RMLS It’s 15548779 & 17169880. Patty Glaze, Broker, ReMax Real Estate Team, 2106 Is- land Avenue, La Grande, OR 97850. 541-786-0038 or glazep@eoni.com. SPACIOUS 15 X 15 OFFICE with river and Mt. Hood view now avail- able in suite with 7 other attorneys. $1,150 including utilities. Additional staff space optional. It is 811 SW Naito Parkway, Suite 420, near the current and future courthouse! Call or email Lisa Butler lisa@forumlaw group.com if interested. VIRTUAL OFFICES – 5200 Meadows Executive Offices Suites has virtual office packages that we can custom- ize to meet your business needs. Our services range from mail receipt to answering phones and reception with fully equipped conference rooms or day offices to meet your clients or do depositions. Call (503) 726-5999. www.5200meadows.com PERSONALS ARE YOU CONCERNED about an attorney who is drinking and/or us- ing drugs? We are!!! Call the confi- dential and anonymous Oregon At- torney Assistance Program (OAAP) at (503) 226-1057 or toll-free in Oregon: (800) 321-OAAP — Shari R. Gregory, ext. 14; Douglas Querin, ext. 12; Kyra Hazilla, ext. 13, or Bryan Welch, ext. 19. A THIRD OF LIFE IS SPENT AT WORK. Are your rewards meeting your needs? If you are considering a job or career change, we can help. Call the confidential Oregon Attor- |
ney Assistance Program (OAAP) at (503) 226-1057 or toll-free in Or- egon: (800) 321-OAAP — Shari R. Gregory, ext. 14; Douglas Querin, ext. 12; or Kyra Hazilla, ext. 13. serves at the pleasure of the Oregon Supreme Court. Please visit http:// w w w.osbar.org /osbcenter/open ings.html for job details. Equal Op- portunity Employer “IF ONLY THEY WOULD LEAVE ME ALONE!” Your drinking may be hurting your work, your family, and your health. Call the confiden- tial and anonymous Oregon Attor- ney Assistance Program (OAAP) at (503) 226-1057 or toll-free in Or- egon: (800) 321-OAAP — Douglas Querin, ext. 12; Kyra Hazilla, ext. 13, or Bryan Welch, ext. 19. A LATERAL MOVE IS A DIFFI- CULT DECISION, so let us find you the perfect fit. Since 2000, Stayer Legal Search has been connecting lawyers with great opportunities in all sizes of law firms and companies. Our current searches cover nearly all practice areas. Let’s talk in confi- dence. Candice Wilson Stayer, Stayer Legal Search LLC cwstayer@stayer legalsearch.com 503.968.0901 IS THE PAST AFFECTING YOUR PRESENT? Survivors of alcoholic families who have experienced physical, sexual, or emotional abuse can get help and move on. For in- formation about lawyers’ ACoD support groups, call the confidential and anonymous Oregon Attorney Assistance Program (OAAP) at (503) 226-1057 or toll-free in Oregon: (800) 321-OAAP — Shari R. Greg- ory, ext. 14; or Kyra Hazilla, ext. 13. NOT FUN ANYMORE? If you think you might have a problem with your drinking or drug use, you probably do. Call the confidential and anony- mous Oregon Attorney Assistance Program (OAAP) at (503) 226-1057 or toll-free in Oregon: (800) 321- OAAP — Douglas Querin, ext. 12; Kyra Hazilla, ext. 13, or Bryan Welch, ext. 19. RELATIONSHIPS SHOULDN’T HURT. Are emotional issues affect- ing your practice? For information about codependency groups for law- yers, call the confidential and anony- mous Oregon Attorney Assistance Program (OAAP) at (503) 226-1057 or toll-free in Oregon: (800) 321- OAAP — Shari R. Gregory, ext. 14; Douglas Querin, ext. 12; Kyra Hazilla, ext. 13, or Bryan Welch, ext. 19. POSITIONS AVAILABLE It is the policy of the Bulletin to only list opportunities for em- ployment that are consistent with OSB Bylaw 10. ADJUDICATOR The Oregon State Bar is looking for someone to serve as the presiding adjudicator of the Oregon State Bar Disciplinary Board. The Adjudicator is an employee of the bar who reports to and is su- pervised by General Counsel. The Adjudicator is appointed by and ASSOCIATE ATTORNEY – Harrang Long Gary Rudnick P.C., a regional law firm, is looking for an associate to join our Portland office. Require- ments include 1-5 years of experi- ence in appellate practice, admin- istrative law, and/or civil litigation. Successful candidate must possess excellent communication, writing and research skills, a strong aca- demic record, the ability to exercise sound, independent judgment, and great client relations skills. Appel- late clerkship experience preferred. Please send resume and cover letter to: Julie Taylor, Operations Man- ager, at julie.taylor@harrang.com. EQUAL OPPORTUNITY EMPLOYER ATTORNEY – ESTATE PLANNING/ PROBATE/GUARDIANSHIP – Vial Fotheringham LLP, a multi-state law firm, is seeking an associate attorney for the Oregon Coast (Florence area) region with a minimum of 5 years of estate planning/probate/guardian- ship experience, as well as any expe- rience that complements our other core areas of practice: HOA, litiga- tion, construction defect, collections, real estate and/or general business. Visit us at www.vf-law.com. Vial Fotheringham LLP, supports its attor- neys and staff with the resources of a multi-state law firm. HR, market- ing, accounting, IT and government services are all centralized so that at- torneys in regional offices can grow their practice with big firm resources and a small firm feel. Vial Fothering- ham LLP offers professional growth, a competitive salary, and an excel- lent benefits package. Looking for JD with Oregon bar admission (other states welcomed); excellent judg- ment and integrity; superior listening and communication skills; resolves complex issues and thinks creatively; strong project management skills and ability to be self-directed while being a team member. Qualified candidates should submit cover let- ter and resume to cdj@vf-law.com for consideration. We are an Equal Opportunity Employer AA/M/F/D/V. ATTORNEY - ESTATE/TAX SUSS- MAN SHANK LLP, a mid-sized, full- service law firm in Portland, Oregon, has an immediate opening in its busi- ness practice group for a motivated tax lawyer who focuses his or her practice in estate planning, closely- held business planning, gift and estate tax, trust and estate adminis- tration, and charitable gift planning. The position requires strong aca- demic credentials and excellent writ- ten and oral communication skills. An ideal candidate has completed an LLM program in tax (or has com- parable tax experience), has experi- ence working directly with high-net- worth clients, and has the capacity for and shows dedication to business and practice development. Please address cover letters and resumes to our Chief Operating Officer, Steven T. Seguin. sseguin@sussmanshank. com Competitive Benefits and Com- pensation. EQUAL OPPORTUNITY EMPLOYER. BUSINESS AND TRANSACTIONS ATTORNEY – We are a 15-lawyer AV firm in Eugene fortunate to rep- resent several of Oregon’s largest privately-held companies and enjoy a growing and sophisticated trans- action practice. We seek a lawyer for this practice area. Applicants should have experience in complex real estate, business acquisition fi- nance and other commercial trans- actions. If you are a highly- moti- vated lawyer with superior technical and interpersonal skills who wants to do interesting and challenging legal work in a friendly, collegial environment, please send your re- sumé with references in confidence to: Bryon Land, Arnold Gallagher, P.C., P.O. Box 1758, Eugene, OR 97440-1758. BUSINESS/MUNICIPAL LAW AS- SOCIATE – Bend’s oldest law firm is seeking an associate attorney with 2-6 years of experience in Busi- ness and/or Municipal Law. Quali- fied candidates must have strong organizational skills, as well as the ability to work independently and as a team member. The ideal can- didate will be a self-starter, have strong academic credentials, and outstanding writing and interper- sonal skills. We offer competitive salary and benefits, and the op- portunity to work on challenging projects in a collegial work environ- ment. To apply, please submit cover letter, resume, and transcript with class rank to Laura Toftdahl, Bryant, Lovlien & Jarvis, 591 SW Millview Way, Bend, OR 97702 or laura@ bljlawyers.com. CRIMINAL/JUVENILE/DOM REL ASSOCIATE – Five lawyer Roseburg firm with court appointed contract is hiring. We are looking for a com- mitted advocate to do court ap- pointed criminal, delinquency and dependency as well as retained criminal and domestic relations work. Must be admitted to practice in Oregon, or have taken the most recent bar exam at time of applica- tion. Minor Felony qualified pre- ferred, pursuant to the Standards for Court Appointed Lawyers. If not, then would prefer enough ex- perience to qualify quickly. Comput- er skills required. Benefits include health insurance, retirement, vaca- tion, friendly and supportive work environment, experienced attorney mentors, very experienced staff sup- port and the opportunity to develop a substantial private practice. Base salary range is $38,000 to $46,000 depending on experience, plus 25% percent of retained income, which generally ranges from $3,000 to $7,500 per year. Send resume and cover letter to Jim Arneson, 318 SE Jackson, Roseburg, OR 97470 or email to jarneson@arnesongroup. com. Applications will be taken on a continuous basis until the position is filled. DIRECTOR OF FINANCE AND OP- ERATIONS The Oregon State Bar is looking for someone who will be re- sponsible for financial management in accordance with GAAP including planning, budgeting, analysis, & reporting. Also the safekeeping of bar assets & tenant & lease manage- ment. Oversee management of fa- cilities operations & maintenance & the Distribution Center. Please visit http://www.osbar.org/osbcenter/ openings.html for job details. Equal Opportunity Employer ESTABLISHED LAW FIRM SEEK- ING one or two attorneys with mini- mum of 5 years of experience. Gen- eral practice includes real estate, probate, business, trusts, estate NOVEMBER 2017 • OREGON STATE BAR BULLETIN 55 |
planning and administration. Rapid advancement to partnership. Please email resume to LawTigard@aol. com EXPERIENCED ATTORNEY OP- PORTUNITY - BEAVERTON, SMALL AV LAW FIRM – Tired of doing your own administration and accounting, covering overhead, jug- gling telephone calls, appointments and appearances with no one to cover for you? We have a great op- portunity for an experienced, ethi- cal, highly motivated, computer lit- erate attorney with partially or fully established clientele in any of the following areas: family law, busi- ness, tax, elder law, wills & trusts, probate, and/or personal injury. We have an innovative compensa- tion package which rewards your efforts, together with health insur- ance allowance and a 401K. Please respond with a cover letter and re- sume via email to blindad@osbar. org with Blind Ad I-18 in the sub- ject line. Please do not respond if you do not have business of your own to bring with you. All inquiries strictly confidential. FAMILY LAW ASSOCIATE – Bend’s oldest law firm is seeking an associ- ate attorney with a minimum of 2 years of experience in Family Law. Qualified candidates must have strong organizational skills, as well as the ability to work independently and as a team member. The ideal candidate will be a self-starter, have strong academic credentials, and outstanding writing and interper- sonal skills. We offer competitive salary and benefits, and the op- portunity to work on challenging projects in a collegial work environ- ment. To apply, please submit cover letter, resume, and transcript with class rank to Laura Toftdahl, Bryant, Lovlien & Jarvis, 591 SW Millview Way, Bend, OR 97702 or laura@ bljlawyers.com. FAMILY LAW ATTORNEY, PORT- LAND – Family Law Firm in Down- town Portland is seeking an associ- ate attorney with zero to five years of domestic relations experience. Please send cover letter, resume and references via email to salina@zim mer-law.com. No phone calls please. INSURANCE COVERAGE LITIGA- TION ASSOCIATE – Ball Janik LLP is seeking an experienced insurance coverage litigation associate for its 56 OREGON STATE BAR BULLETIN • NOVEMBER 2017 Portland, Oregon office, with 3-5 years’ experience. Qualified ap- plicants should be experienced pursuing and managing insurance coverage claims for policyholders, including multimillion dollar con- struction defect and construction litigation disputes, and should have entrepreneurial drive and initiative. Outstanding writing and oral ad- vocacy skills are required, as well as strong academic credentials and admission in the Oregon State Bar. Admission to the Washington State Bar is also preferred. Qualified ap- plicants should submit a resume, cover letter and writing sample in confidence to Heather Oden, Ex- ecutive Director, Ball Janik LLP, 101 SW Main Street, Suite 1100, Port- land, Oregon 97204. Applications are also accepted electronically at hoden@balljanik.com. INTELLECTUAL PROPERTY PRAC- TITIONER – DASCENZO Intellectual Property Law, P.C. is seeking an ex- perienced intellectual property pros- ecution attorney or patent agent to join our team of practitioners. DIPL specializes in U.S. and international patent and trademark searching, prosecution, licensing, and strategic advice, and its clients range from startups to industry-leading multi- national corporations. Ideal candi- dates will have excellent writing and analytical skills, strong academic backgrounds and work experience, and an established client base. Can- didates also should have at least four years of patent-related IP expe- rience, a can-do attitude, and a de- sire to work collaboratively as part of a close-knit team. International intellectual property experience and trademark prosecution experience are a plus, as are licensing and litiga- tion experience. Please send cover letter and resume to info@dascen zoiplaw.com. Inquiries will be main- tained confidential upon request. LAND USE ASSOCIATE – Jordan Ramis PC, a regional law firm with offices in Lake Oswego, Bend, and Vancouver, Washington, is seeking an attorney to join our Land Use team. This is an excellent opportu- nity to join a collegial environment and work closely with experienced practitioners. The land use team performs legal work for large mas- ter planned subdivisions, includ- ing drafting complex development agreements, comprehensive plan amendments and zone changes, advising some of the largest re- gional home builders and devel- opers in Oregon and Washington. Required skills: Approximately 2-5 years’ experience in land use. Ex- perience in environmental permit- ting and real estate transactions is a plus but not required. Experi- ence in a related field such as real estate development, architecture, civil engineering and construction, or urban planning is also a plus. Excellent written and oral com- munication skills. Ability to work in an extremely fast-paced develop- ment practice. Confidence to work directly with clients, participate in land use hearings, and appear and argue in court. Must be admitted to practice in Oregon or Washing- ton, both preferred. Interested candidates who meet the qualifica- tions should email their resume and a cover letter to careers@jordanra mis.com. LINCOLN DEFENDERS & JUVE- NILE ADVOCATES, the indigent defense consortium for Lincoln County, is currently accepting ap- plications from attorneys interested in providing contract indigent de- fense services for Lincoln County. We are seeking an attorney for a full time misdemeanor and felony case load. Applicants should have at least three years of criminal law experience and be certified to han- dle all felony matters. Please submit resume and cover letter to Lincoln Defenders and Juvenile Advocates, PO Box 1070, Newport, Oregon or you can email the same to greco@ pioneer.net. LITIGATION ASSOCIATE – Bend’s oldest law firm is seeking an asso- ciate attorney with a minimum of 2 years of experience in Litigation. Qualified candidates must have strong organizational skills, as well as the ability to work independently and as a team member. The ideal candidate will be a self-starter, have strong academic credentials, and outstanding writing and interper- sonal skills. We offer competitive salary and benefits, and the op- portunity to work on challenging projects in a collegial work environ- ment. To apply, please submit cover letter, resume, and transcript with class rank to Laura Toftdahl, Bryant, Lovlien & Jarvis, 591 SW Millview Way, Bend, OR 97702 or laura@ bljlawyers.com. SHARE OFFICE SPACE I have too much work in my general practice. I don’t do family law or criminal law. I’m looking for someone to do a lot of my work. Residence in Prineville will be necessary. Experience is help- ful. Mail resume to J.C. Van Voor- hees, 252 NW Claypool St., Prineville, OR 97754 or email to vvlaw@crest viewcable.com. Sooner is better! THE MARION COUNTY ASSO- CIATION OF DEFENDERS (MCAD) is currently accepting applications from attorneys interested in provid- ing contract indigent defense servic- es for Marion County. We are seek- ing attorneys to handle part-time and full-time misdemeanor and/or felony caseloads in Marion County. Please submit resume and cover let- ter to: Marion County Association of Defenders, 683 Cottage St NE, Sa- lem, OR 97301, or you can email the same to mcadlaw@gmail.com. TRANSACTIONAL REAL ESTATE ATTORNEY – Radler White Parks & Alexander LLP, a real estate and land use boutique with a vibrant and diverse practice, is seeking a real estate attorney for its Portland, Oregon office. At least five years of real estate experience and current admission to the Oregon State Bar are preferred. The ideal candidate is detail oriented and highly orga- nized with superior oral and written advocacy skills and strong academic credentials. Representation of de- velopers, land owners and borrow- ers preferred. Qualified applicants should submit a resume and cover letter to: Chief Operating Officer, Radler White Parks & Alexander LLP, 111 SW Columbia Street, Suite 700, Portland, OR 97201 or by email to dirinaga@radlerwhite.com. TRIBAL COURT SEEKS PROPOS- ALS – The Tribal Court for the Con- federated Tribes of Grand Ronde is seeking proposals for indigent de- fense lawyers to represent children and parents for child abuse and ne- glect cases. For more information please call (503) 879-4623. Please send proposals to: Confederated Tribes of Grand Ronde Tribal Court, 9615 Grand Ronde Rd., Grand Ronde, OR, 97396. WELL-ESTABLISHED WEST BEA- VERTON FIRM has immediate need for associate, min. 3 yrs. exp. in real estate & business transactions, com- mercial lease work, contract draft- |
ing & construction. Experience in estate planning, guardian/conserva- torship and WA Bar a plus. Possibil- ity of firm transition. Please send cover letter & resume to westsideat tyresume@gmail.com POSITIONS WANTED NEED HELP WITH A BIG CASE? Want to expand your practice? Want to take a vacation? Contact the OWLS Contract Lawyer Service. We can help. Fast! You contact us with project/job information. We immediately post the announce- ment to our contract lawyer list- serve. You are promptly contacted by contract lawyers who meet your criteria. Free! No fee to post jobs or projects. You pay the contract law- yer you hire. Effective! Contract lawyers statewide. Many levels of experience. Many types of exper- tise. For more information, or to post a job, contact the OWLS office at (503) 841-5720 or email oregon womenlaw yer s@oregonwomen lawyers.org. PRACTICES FOR SALE DOWNTOWN TACOMA PERSON- AL INJURY PRACTICE that is highly profitable and continues to grow. With net income in the principal’s pocket of more than $430,000 each of the last (3) years, you won’t find a better Personal Injury Prac- tice in Tacoma. Contact justin@pri vatepracticetransitions.com or call 253.509.9224 today. EAST KING COUNTY REAL ES- TATE & ESTATE PLANNING PRAC- TICE that has been operating for more than 40 years! A true staple in the community, the practice of- fers a variety of services, focusing on estate planning (35%) and real estate (25%). Contact justin@pri vatepracticetransitions.com or call 253.509.9224 today. ESTABLISHED TACOMA ESTATE PLANNING & PERSONAL INJURY PRACTICE with revenue of approx- imately 60% from Estate Planning and Probate and approximately 40% from Personal Injury Law. The Practice was established in 1956 and a new owner can also buy the building! Contact justin@pri vatepracticetransitions.com or call 253-509-9224 today. EXTREMELY PROFITABLE FAM- ILY LAW PRACTICE that is growing substantially year-over-year. Office space is beautiful and the team is tremendous. Couple that with an opportunity to offer estate plan- ning, probate, and real estate mat- ters to clients, this is an incredible opportunity! Contact justin@pri vatepracticetransitions.com or call 253.509.9224 today. FANTASTIC KING COUNTY ES- TATE PLANNING PRACTICE with extremely low overhead (~30%) and SBA financing ready! The case breakdown is approximately 85% Estate Planning, and 15% Probate and Guardianship. This is an excel- lent opportunity to take over a prof- itable practice! Contact justin@pri vatepracticetransitions.com or call 253-509-9224 to learn more. GROWING EDMONDS-BASED ESTATE PLANNING PRAC- TICE with revenue tied to ap- proximately 60% Estate Planning; 30% Probate & Trust Adminis- tration; and 10% Business and Real Estate. Revenues have been growing 25%, or more, each of the last three (3) years. Contact justin@privatepracticetransitions. com or call 253.509.9224 today. GROWING TRI-CITIES GENERAL LAW PRACTICE that has seen 22% and 36% growth over the last two years. Offering a variety of services, including family law, crim- inal law, and estate planning, this business is truly a “one stop shop” for its clients. Contact justin@pri vatepracticetransitions.com or call 253.509.9224 today. GROWING SEATTLE-BASED ES- TATE PLANNING PRACTICE that is simply one-of-a-kind! With rev- enues in excess of $700,000 and growing, you won’t want to miss this once-in-a-career opportunity to jump-start your own practice by marketing to more than 3,000 clients! Contact justin@private practicetransitions.com or call 253.509.9224 today. HIGHLY PROFITABLE CRIMINAL DEFENSE & PERSONAL INJURY PRACTICE with revenues in excess of $1,000,000. You won’t find a bet- ter criminal practice on the market today. The approximate breakdown, by revenue, is 80% criminal law and 20% personal injury and infractions. Contact justin@privatepracticetran sitions.com or call 253.509.9224 to learn more. HIGHLY PROFITABLE CLARK COUNTY PRACTICE that is expe- riencing steady growth year over year! Case breakdown is approxi- mately 33% Probate, 33% Real Estate, and 33% Business (transac- tional and litigation). This is a fan- tastic opportunity to build upon an incredibly profitable practice! Contact justin@privatepracticetran sitions.com or call 253.509.9224 to learn more. INCREDIBLE FAMILY LAW PRAC- TICE that is highly profitable with an amazing reputation. The firm handles divorce, child custody and visitation, relocation, non-parental/ grandparent custody, and mili- tary family related matters, with average billings per client exceed- ing $10,000! Contact justin@pri vatepracticetransitions.com or call 253.509.9224 to learn more. KITSAP COUNTY ESTATE PLAN- NING & REAL PROPERTY PRAC- TICE that is poised for growth. With over 1,600 estate planning clients in the firm’s database and great brand recognition, growth over the next several years is nearly a sure thing! Contact justin@privatepracticetran sitions.com or call 253.509.9224 today. SUCCESSFUL KIRKLAND-BASED ESTATE PLANNING PRACTICE that was founded in 1978. The practice/case breakdown is approxi- mately 45% Estate Planning, 45% Probate, and 10% Adoptions and other ancillary estate planning mat- ters. Located in a prime location and poised to grow! Contact jus tin@privatepracticetransitions.com or call 253.509.9224 to learn more. THINKING ABOUT BUYING OR SELLING A PRACTICE? If you are, we can help you! Guaranteed. We have countless buyers and sellers waiting for the right opportunity. Take control of your tomorrow by calling us today. www.privateprac ticetransitions.com or info@private practicetransitions.com. THRIVING EASTERN WASHING- TON PRACTICE that includes a piece of history and excellent rev- enues. Case breakdown is approxi- mately 40% criminal law, 25% plain- tiff’s personal injury, 20% workers’ comp, 10% bankruptcy, and 5% es- tate planning and real estate work. Don’t let this one get away. Contact justin@privatepracticetransitions. com or call 253.509.9224 to learn more. THRIVING TRI-CITIES BUSINESS LAW PRACTICE that has an ex- tremely loyal client base. Rev- enues continue to grow, exceeding $650,000 each of the last two (2) years, with additional opportunity to expand services to past, current, and future clients. Contact justin@pri vatepracticetransitions.com or call 253.509.9224 to learn more. RECREATIONAL RENTALS KIHEI, MAUI, HAWAII – Large ocean view 1BR, 2BA condo, LR sleeper sofa, two pools/spas, tennis, across street from beach. Attorney discounts. mjs@ aterwynne.com (503) 329-5088; Pic- tures: https://plus.google.com/photos/ 103014437505126886019/albums/ 6172133863597450081 KONA, HAWAII – Lovely ocean- front 1 BR condo. Large MBR, vaulted ceilings, great view. Tennis, oceanside pool and spa, walk to town (503) 675-6220. For photos, email: nanevin@aol.com . OCEANSIDE – Beach house on cliff side overlooking ocean and Netarts Bay. 3 bedrooms and 3 baths, 4 decks, fireplace, spa tub, washer/ dryer, and fully equipped kitchen. $175 per night, $1000 weekly rate plus $100 cleaning fee. ASK ABOUT WINTER RATES. Contact Mary at mexmary@comcast.net or (503) 478- 1295. PARIS APARTMENT – At Notre Dame. Elegant 2 bedroom, 2 bath- room apartment, in the heart of Par- is. (503) 227-3722 or 202 285-1201. SCOTTSDALE – North Scottsdale home near Troon and TPC golf courses. Newly furnished. 3BR, 2BA, 52”plasma TV, pool, outdoor barbe- cue. No smoking, no pets. Tony at (503) 221-2271. SUNRIVER – Cascara Vacation Rentals - Over 120 homes & condos with hot tubs, free Wi-Fi, many pet friendly & with free access to the Sharc aquatic & recreation facil- ity. Contact us today at (800) 531- 1130, visit our web site at www. cascaravacations.com or email us at cascara@cascaravacations.com. SUNRIVER – Warm, cozy, 2 bed- room, 1 bath Ranch Cabin, ideal for a weekend getaway. Fireplace, TV, Wi-Fi, DVD, CD, BBQ, washer/dryer, NOVEMBER 2017 • OREGON STATE BAR BULLETIN 57 |
fully furnished & well-equipped. Sleeps 4. $95.00/night + $75 clean- ing fee (541) 944-2694. SERVICES APPRAISAL REPORT NEEDED? Appraisal Valet can expertly manage your next residential appraisal as- signment. We order, review and de- liver thousands of appraisals month- ly throughout the Pacific Northwest allowing you to benefit from the excellent rapport we have estab- lished with the most qualified/ex- perienced appraisers. Email admin @appraisalvalet.net or call 503-828- 9441 for a free quote. ATTORNEY WITH 10 YEARS AD- MINISTRATIVE LAW experience seeking opportunities, including temp/part-time/contract/assistant work. Call Jonathan at (503) 381- 6049. AVIATION LAW – Landye Bennett Blumstein LLP is one of the lead- ing firms in airplane and helicopter crash litigation for plaintiffs, with over 40 years of combined experi- ence. We have successfully litigated cases against many major aircraft/ component manufacturers, includ- ing Cessna, Piper, Cirrus, Beech, Rockwell, Fairchild, Sikorsky, Robin- son, Avidyne, Honeywell, Teledyne Continental, Lycoming, Kaman, United Instruments, GE, Boeing, and Airbus Helicopters. Contact Bob Hopkins, Matt Clarke or James Fisher at (503) 224-4100, or online at LBBLawyers.com. FINANCIAL INVESTIGATION & FORENSIC ACCOUNTING – Certi- fied Fraud Examiner and Licensed Private Investigator at your service to translate financial data into a clear picture of what happened. Over 10 years experience conducting fi- nancial investigations for potential litigation, including interviewing key parties, reviewing documents, and preparing reports to present find- ings. Visit our website or call 503- 956-8712. Paper Investigator, Inc. We solve financial mysteries. www. paperinvestigator.com FORENSIC DOCUMENT EXAM- INER – Trained by the Secret Service and US Postal Crime Lab examiners. Fully equipped laboratory. Qualified in state and federal courts. Retired from the Eugene Police Depart- ment. Jim Green, (888) 485-0832, www.documentexaminer.info . 58 OREGON STATE BAR BULLETIN • NOVEMBER 2017 FORENSIC HANDWRITING EX- AMINER – Court qualified (federal & state). The only double-board certi- fied examiner in Pacific Northwest. Suspicious handwriting & disputed signatures. 65+ trial testimonies. Jac- queline Joseph, CDE, D-BFDE. 503- 227-3411. www.jjhandwriting.com. INVESTIGATION – Northwest In- vestigations & Consulting is a full service investigation firm special- izing in: Trial Preparation, Locates, Interviews, Asset & Background Checks. Mike Greene of Rosenthal, Greene & Devlin PC., states “ Their positive results & professionalism really shows” contact Steve (503) 710-4414, email: nwinvestigation@ comcast.net web: nwinvestigation. com. LEGAL ETHICS DEFENSE: ETH- ICS ADVICE & OPINIONS – Chris- topher R. Hardman - Providing defense services against Bar dis- ciplinary proceedings; legal ethics advice, consultations, and opinion letters. Mr. Hardman is a former Assistant Disciplinary Counsel of the Oregon State Bar Office of Disciplinary Counsel; and a former Bar prosecutor. He is a speaker and moderator at Ethics Continuing Le- gal Education Seminars sponsored by the Bar, New Lawyers Division and others. He may be contacted at his office: Christopher R. Hard- man, (503) 916-1787, or Fax (503) 916-1789; 25 NW 23rd Pl Ste 6, PMB 497; Portland, OR 97210. LEGAL NURSE CONSULTANT – Offering Board Certified Legal Nurse Consultants with the LNCC certifica- tion from the American Association of Legal Nurse Consultants---the gold standard in LNC credentialing. The ONLY certification recognized by the American Board of Nursing Specialties. Offering the following services: review files for standards of care and any deviations that may have occurred, provide chronolo- gies/summaries, demonstrative evi- dence, translate and interpret medi- cal records. Expert Witness location services. Average length of experi- ence in nursing for our consultants is 20 years and includes experience in clinical areas such as: Corrections Healthcare, Critical Care, Telemetry, Long-Term Care, Workers’ Compen- sation as well as many other special- ty areas! Willamette Nurse Consul- tant Group, (971) 777-2687 info@ willamettenurseconsultantgroup. com www.willamettenurseconsul tantgroup.com NEED HELP WITH A BIG CASE? Want to expand your practice? Want to take a vacation? Contact the OWLS Contract Lawyer Service. We can help. Fast! You contact us with project/job information. We immediately post the announce- ment to our contract lawyer list- serve. You are promptly contacted by contract lawyers who meet your criteria. Free! No fee to post jobs or projects. You pay the contract law- yer you hire. Effective! Contract lawyers statewide. Many levels of experience. Many types of expertise. For more information, or to post a job, contact the OWLS office at (503) 841-5720 or email oregon womenlaw yer s@oregonwomen lawyers.org. RESEARCH, MEMOS, BRIEFS, and appeals from a 25-year trial lawyer in Arizona and in Oregon. $60.00/ hr. RogerPerry@live.com. 520 332 0132. For more information, see www.rogerwperry.com. STRESS, anxiety, depression psy- chotherapy and counseling; career counseling; confidential assistance improving strained relationships, clarifying career considerations, re- sponding constructively to occupa- tional, family, and individual emo- tional developments, transitions, etc. Standish McCleary III, J.D., Ph.D., Lic. psychologist (16 yrs. atty); (503) 228-0688. WANTED WANT TO PURCHASE minerals and other oil/gas interests. Send de- tails to: P.O. Box 13557, Denver, CO 80201. TO SUBMIT A CLASSIFIED POSITIONS AVAILABLE $30 for the first 20 words, 50 cents each additional word. SERVICES $40 for the first 20 words, 50 cents each additional word. ALL OTHER ADS $40 for the first 20 words, 50 cents each additional word. Oregon State Bar members receive a $10 discount on these ads. COLOR Color may be added to any ad for an additional $20. BLIND ADS Add $15 to the cost of the ad for this service. BLIND AD REPLIES To protect the confidentiality of an anonymous advertiser as well as the reader, we offer the following service: If there is a firm you do not wish to respond to, list that firm (or firms) on a note along with your response to the blind ad. If the anonymous advertiser is a firm you have listed, your response will be recycled. Send both to blindad@ osbar.org with the blind ad number in the subject line. Or, mail in a 9 x 12 inch envelope to Oregon State Bar, Attn. Blind Ad #[fill in the blank], P.O. Box 231935, Tigard, OR 97281. SUBMIT ADS TO E-mail: advertising@osbar.org; fax: (503) 598-6911; mail: P.O. Box 231935, Tigard OR 97281, Attn: Advertising. For questions, contact Spencer Glantz at advertising@osbar.org, (503) 431-6356 or (800) 452-8260, ext. 356. DEADLINES The first business day of each month for the following month’s issue. |
A ttorneys’ M arketplace accident reconstruction Accident Analysis Service Don Webb 3890 Brush College Rd, Salem, OR 97304 Ph 503-931-0670 Fx 503-589-1826 donwebb531@msn.com www.crashspeed.com accountants Cogence Group, PC Jay Sickler, CPA, CFF, ABV, ASA 935 NW Everett St, Portland, OR 97209 Ph 503-467-7900 x1 Fx 503-243-2802 jsickler@cogencegroup.com www.cogencegroup.com Financial forensics | Business valuation. Answers to complex financial questions. We are accurate, credible, and ethical. Our professional team is comprised of all CPAs, passionate about what we do, which translates into serving our clients with the very best we can offer. Jay Sickler has 29 years of full-time financial forensics experience. He has testified in more than 130 cases as an expert witness, more than many other experts combined. Our reputation is built on being skilled in communicating our findings persuasively and with integrity. We get the job done right, on time, and backed up by expert testimony. Holmes & Company, LLP William N. holmes, CPA, CFE 7128 SW Gonzaga St, Ste 100 Portland, OR 97223 Ph 503-270-5400 Fx 503-270-5401 wnholmes@pdxcpas.com www.pdxcpas.com Fraud and Forensic Accounting / Economic Damages / Business Valuation / Commercial Litigation / Accounting and Tax Malpractice / White Collar Financial Crime / Expert Testimony / Full Service Public Accountants / Plaintiff and Defense. Mr. Holmes has approximately 25 years of experience in matters ranging from complex litigation, bankruptcy, class action, construction, contract disputes, embezzlement, employment, financial statements audits, intellectual property, personal injury, professional liability and malpractice, securities fraud, shareholder rights and tax issues. litigation support BV Advisors, LLC Lee Foster 888 SW Fifth Ave, Ste 800, Portland, OR 97204 Ph 503-445-3376 Fx 503-227-7924 lfoster@bvadvisors.com www.bvadvisors.com accountants, cont. Business Valuations litigation support, cont. Jones & Roth CPAs & Business Advisors 432 W 11th Ave, Eugene, OR 97401 Ph 541-687-2320 info@jrcpa.com www.jrcpa.com BV Advisors, LLC Lee Foster 888 SW Fifth Ave, Ste 800, Portland, OR 97204 Ph 503-445-3376 Fx 503-227-7924 lfoster@bvadvisors.com www.bvadvisors.com Morones Analytics, LLC Serena Morones 625 SW Broadway, Ste 200, Portland, OR 97205 Ph 503-223-5168 CELL 503-906-1579 Fx 503-223-5179 serena@moronesanalytics.com www.moronesanalytics.com Cogence Group, PC Jay Sickler, CPA, CFF, ABV, ASA 935 NW Everett St, Portland, OR 97209 Ph 503-467-7900 x1 Fx 503-243-2802 jsickler@cogencegroup.com www.cogencegroup.com Jones & Roth CPAs and Business Advisors provide business valuation, calculation of economic damages, forensic accounting and expert testimony services from offices in Portland: 503-648-0521, Eugene: 541-687-2320 and Bend: 541-382-3590. Our BV and Litigation Support team has more than 50 years combined experience serving the state of Oregon. Damage analysis, forensic accounting, fraud investigation, data analytics, intellectual property damages, lost wages, wrongful death and business valuation. appraisers residential appraisal Bernhardt Appraisal Nathan Bernhardt Portland, OR Ph 503-349-3765 nathan@bernhardtswisstrust.com portlandresidentialappraisal.com Appraiser with 25 years experience specializing in divorce appraisal, probate appraisal, estate appraisal, and bankruptcy appraisal. We don’t touch mortgage lending appraisals, so we can focus on our professional clients (Attorneys, CPA’s, Realtors, and Property Managers) needs. auctions & auctioneers O’Gallerie Peter O’Grady 228 NE Seventh Ave, Portland, OR 97232 Ph 503-238-0202 peter@ogallerie.com www.ogallerie.com Valuation of debt and equity securities, intellectual property and other intangible assets for private and public companies (ESOPs, 409A, transfer pricing, fairness opinions, corporate/marital dissolutions, etc.). Forensic and economic damages analysis (lost profits/ wages, patent infringement, breach of contract, business interruption claims, etc.). Financial forensics | Business valuation. Answers to complex financial questions. We are accurate, credible, and ethical. Our professional team is comprised of all CPAs, passionate about what we do, which translates into serving our clients with the very best we can offer. Jay Sickler has 29 years of full-time financial forensics experience. He has testified in more than 130 cases as an expert witness, more than many other experts combined. Our reputation is built on being skilled in communicating our findings persuasively and with integrity. We get the job done right, on time, and backed up by expert testimony. Holmes & Company, LLP William N. holmes, CPA, CFE 7128 SW Gonzaga St, Ste 100 Portland, OR 97223 Ph 503-270-5400 Fx 503-270-5401 wnholmes@pdxcpas.com www.pdxcpas.com Fraud and Forensic Accounting / Economic Damages / Business Valuation / Commercial Litigation / Accounting and Tax Malpractice / White Collar Financial Crime / Expert Testimony / Full Service Public Accountants / Plaintiff and Defense. Mr. Holmes has approximately 25 years of experience in matters ranging from complex litigation, bankruptcy, class action, construction, contract disputes, embezzlement, employment, financial statements audits, intellectual property, personal injury, professional liability and malpractice, securities fraud, shareholder rights and tax issues. Valuation of debt and equity securities, intellectual property and other intangible assets for private and public companies (ESOPs, 409A, transfer pricing, fairness opinions, corporate/marital dissolutions, etc.). Forensic and economic damages analysis (lost profits/ wages, patent infringement, breach of contract, business interruption claims, etc.). NOVEMBER 2017 • OREGON STATE BAR BULLETIN 59 |
A ttorneys’ M arketplace Business Valuations, cont. Jones & Roth CPAs & Business Advisors 432 W 11th Ave, Eugene, OR 97401 Ph 541-687-2320 info@jrcpa.com www.jrcpa.com Jones & Roth CPAs and Business Advisors provide business valuation, calculation of economic damages, forensic accounting and expert testimony services from offices in Portland: 503-648-0521, Eugene: 541-687-2320 and Bend: 541-382-3590. Our BV and Litigation Support team has more than 50 years combined experience serving the state of Oregon. Markee Valuations, LLC Laura Markee 412 W 12th St, Vancouver, WA 98666 Ph 360-601-0713 CELL 971-201-7349 laura@markeevaluations.com www.markeevaluations.com We are experts in business valuation and financial damages analysis. Recognizing that a business value cannot be simplified to a formula, we ask questions and analyze industry and economic factors to understand what makes each business unique. The end product is a detailed valuation that is well documented, clear and certifiably reliable. Morones Analytics, LLC Serena Morones 625 SW Broadway, Ste 200, Portland, OR 97205 Ph 503-223-5168 CELL 503-906-1579 Fx 503-223-5179 serena@moronesanalytics.com www.moronesanalytics.com Business valuation, complex damage analysis, forensic accounting, fraud investigation, intellectual property damages, lost wages. computer Forensics Computer Forensics, Inc. Roy Miller 10774 SE hwy 212, Clackamas, OR 97015 Ph 503-655-1405 Fx 503-655-1408 roy.miller@caseworks.net www.computerforensicsinc.com Deadbolt Forensics Michael Yasumoto 1915 NW Amberglen Pkwy, Ste 400 Beaverton, OR 97006 Ph 503-683-7138 info@deadboltforensics.com https://www.deadboltforensics.com 60 OREGON STATE BAR BULLETIN • NOVEMBER 2017 court Bonds Court Bonds 5727 SW Macadam Ave, Portland, OR 97239 Ph 503-977-5624 • 800-632-6878 Fx 503-245-9188 courtbonds@jdfulwiler.com www.jdfcourtbonds.com A division of JD Fulwiler & Company Insurance. court reporters Iba, Symonds & Dunn Chris Iba, Debi Symonds, Joyce Dunn 10260 SW Greenburg Rd, Ste 400 Portland, OR 97223 Ph 503-224-4438 • 800-449-4438 Fx 503-293-8499 info@isdreporters.com www.isdreporters.com expert witness testimony Vocational & rehabilitation experts Scott Stipe & Associates, Inc. DBA Career Directions Northwest Scott Stipe, MA, CRC, DABVE, LPC 1425 SE 46th Ave, Portland, OR 97215 Ph 503-234-4484 Fx 503-234-4126 sstipe@careerdirectionsnw.com www.careerdirectionsnw.com Vocational evaluation, expert testimony, earning capacity analysis, labor market survey, life care planning, vocational rehabilitation. Nationally certified, recognized, credible experts. Established 1978. Forensic accounting Cogence Group, PC Jay Sickler, CPA, CFF, ABV, ASA 935 NW Everett St, Portland, OR 97209 Ph 503-467-7900 x1 Fx 503-243-2802 jsickler@cogencegroup.com www.cogencegroup.com Financial forensics | Business valuation. Answers to complex financial questions. We are accurate, credible, and ethical. Our professional team is comprised of all CPAs, passionate about what we do, which translates into serving our clients with the very best we can offer. Jay Sickler has 29 years of full-time financial forensics experience. He has testified in more than 130 cases as an expert witness, more than many other experts combined. Our reputation is built on being skilled in communicating our findings persuasively and with integrity. We get the job done right, on time, and backed up by expert testimony. Forensic accounting, cont. Geffen Mesher David S. Porter, CPA, CFE, PI, Shareholder 888 SW 5th Ave, Ste 800, Portland, OR 97204 Ph 503-445-3352 Fx 503-227-7924 dporter@gmco.com www.gmco.com A good forensic accounting team possesses the desire to dig, delve, ask questions and consider all possible scenarios. Geffen Mesher’s Forensic team includes four Certified Fraud Examiners (CFEs). Holmes & Company, LLP William N. holmes, CPA, CFE 7128 SW Gonzaga St, Ste 100 Portland, OR 97223 Ph 503-270-5400 Fx 503-270-5401 wnholmes@pdxcpas.com www.pdxcpas.com Fraud and Forensic Accounting / Economic Damages / Business Valuation / Commercial Litigation / Accounting and Tax Malpractice / White Collar Financial Crime / Expert Testimony / Full Service Public Accountants / Plaintiff and Defense. Mr. Holmes has approximately 25 years of experience in matters ranging from complex litigation, bankruptcy, class action, construction, contract disputes, embezzlement, employment, financial statements audits, intellectual property, personal injury, professional liability and malpractice, securities fraud, shareholder rights and tax issues. Morones Analytics, LLC Serena Morones 625 SW Broadway, Ste 200, Portland, OR 97205 Ph 503-223-5168 CELL 503-906-1579 Fx 503-223-5179 serena@moronesanalytics.com www.moronesanalytics.com Forensic accounting, fraud investigation, data analytics, complex damage analysis, intellectual property damages, lost wages, wrongful death, business valuation. Handwriting experts Forensic Handwriting & document examination J. Joseph & Associates Jacqueline A. Joseph, CDE, D-BFDE 921 SW Washington St, Ste 708 Portland, OR 97205 Ph 503-227-3411 info@jjhandwriting.com www.jjhandwriting.com Jacqueline A. Joseph, CDE, D-BFDE. Established and trusted since 1992. The only double-board certified examiner in the Pacific Northwest. Recognized and court qualified (state/federal) more than 70 testimonies. Identifies document tampering, suspicious signatures/ handwriting, anonymous note writers and more. Serving Oregon, the Pacific Northwest and beyond! |
insurance Brown & Brown Northwest Shannon Morrison 2701 NW Vaughn, Ste 320, Portland, OR 97210 Ph 503-219-3242 Fx 503-914-5448 smorrison@bbnw.com www.bbnw.com JD Fulwiler & Company Insurance 5727 SW Macadam Ave, Portland, OR 97239 Ph 503-293-8325 • 800-735-8325 info@jdfulwiler.com www.jdfulwiler.com Commercial • Personal • Life • Health • Financial liFe care planners Dana Penilton Consulting, Inc. Dana Penilton, RN, BSN, CCM, CLCP 6312 SW Capitol hwy #418, Portland, OR 97239 Ph 503-701-9009 Fx 503-244-1650 danapen@comcast.net www.danapenilton.com Life care plan expertise complemented by extensive experience in catastrophic injury management. Professional nurse consulting firm established in 1997. Nationally certified in life care planning and medical case management. litigation support/ trial consulting, cont. registered agents Unisearch, Inc. JC Talbot 325 13th St NE, Ste 404, Salem, OR 97301-2294 Ph 800-554-3113 x1011 Fx 800-554-3114 jc.talbot@unisearch.com www.unisearch.com Litigation Psychology Dr. David Illig 8311 NW Reed Dr, Portland, OR 97229 Ph 503-296-9050 CELL 503-936-9050 drdavidillig@gmail.com www.litigationpsych.com Unisearch offers registered agent representation nationwide, offering a wide range of services to assist in managing your corporate entities. Clients need and want witness communication training. With 20 years of teaching plaintiffs and defendants, both for deposition and trial, it makes a huge difference. Also case analysis / strategies and themes / jury analysis. New persuasion models. Make litigation human. Get new perspectives. I am a large advantage. Your clients will appreciate you more if you are wise enough to use me. Brave enough? Video serVices puBlic records Unisearch, Inc. JC Talbot 325 13th St NE, Ste 404, Salem, OR 97301-2294 Ph 800-554-3113 x1011 Fx 800-554-3114 jc.talbot@unisearch.com www.unisearch.com Discovery Media Productions, Inc. Devin Williams, CLVS 6915 SW Macadam Ave, Ste 130 Portland, OR 97219 Ph 503-892-1998 CELL 503-680-8008 info@discoverymp.com www.discoverymp.com Worldwide Corporate, Registered Agent, UCC Services and public record research, including multi-state filing and search projects. litigation support Holmes & Company, LLP William N. holmes, CPA, CFE 7128 SW Gonzaga St, Ste 100 Portland, OR 97223 Ph 503-270-5400 Fx 503-270-5401 wnholmes@pdxcpas.com www.pdxcpas.com Fraud and Forensic Accounting / Economic Damages / Business Valuation / Commercial Litigation / Accounting and Tax Malpractice / White Collar Financial Crime / Expert Testimony / Full Service Public Accountants / Plaintiff and Defense. Mr. Holmes has approximately 25 years of experience in matters ranging from complex litigation, bankruptcy, class action, construction, contract disputes, embezzlement, employment, financial statements audits, intellectual property, personal injury, professional liability and malpractice, securities fraud, shareholder rights and tax issues. litigation support/ trial consulting Law Offices of C. R. Hardman, LLC Christopher hardman 25 NW 23rd Pl, Ste 6, PMB 497 Portland, OR 97210 Ph 503-916-1787 Fx 503-916-1789 crhardman@crhardman.com THANk yOU! Please support the advertisers who support the Attorneys’ Marketplace. Check out our featured listings online at www.osbar.org. want to be featured in next month’s issue? Please contact LLM Publications 503-445-2240 Law@llmpubs.com NOVEMBER 2017 • OREGON STATE BAR BULLETIN 61 |
PARTING THOUGHTS Survivors and Offenders By Judith Armatta 62 OREGON STATE BAR BULLETIN • NOVEMBER 2017 iStock.com/bodnarchuk I am on the board of two nonprofit or- ganizations. One advocates for adults who survived childhood sexual abuse. The other consists of friends and families of people convicted of sex crimes. Some people think that makes no sense. Isn’t one the enemy of the other? Isn’t one bad and one good? I don’t think so. All are hu- man beings. Those convicted of sex offenses and who have served their time have been held accountable. Given the recidivism rate of 5 percent, they are less to be feared than the rest of society. Some who were convicted and made to register as sex of- fenders for life were innocent or guilty of behavior that harmed no one — streak- ing, taking photos of their nude children, sexting while a minor, brushing dirt off a child’s clothed bottom, exploring bodies through childhood curiosity. Aren’t those who were victimized scarred for life? Some. Not all. It is a dis- service to survivors to tell them they can never recover from abuse they suffered as a child. Everyone is different. Many sur- vivors are able to heal and put it behind them. Some even forgive their abusers. Why can’t we? Forgiveness allows us to re- build community. It lifts something from our souls — the anger and hatred that act like cancers eating us from within. Not all those who have committed sex offenses can be redeemed. Not all are alike. Some are pathological serial offend- ers and need to be separated from the com- munity. These are not the majority. Yet in the last 30 or 40 years, we have greatly ex- panded the types of behavior that are sex crimes while branding all those convicted with the same indelible mark for life: sex offender. Punishment is never-ending. It can include placement on a public regis- try; notification of neighbors, colleagues and others; restrictions on where one can live; limitations on travel (passport iden- tification as a sex offender) and associa- tion; and extralegal discrimination such as inability to get a job, find housing or attend school. (In Oregon, those convict- ed of sex crimes may apply to be removed from the registry after specified periods of time following the end of supervision. ORS 181.820.) Recently, a young star OSU baseball player, Luke Heimlich, was outed as a convicted sex offender. Heimlich plead- ed guilty in 2012 to molesting a relative when she was 6 and he was 15. His ac- tions were reprehensible, even consider- ing his brain immaturity. Heimlich served two years’ probation and completed sex offender treatment. He has expressed re- morse for the harm he caused and is trying to become a decent, contributing member of society. But what he did as a teenager continues to follow him. After revelation of his past and a public outcry, he stepped down from the baseball team, which was on its way to the College World Series. Before The Oregonian informed the pub- lic about Heimlich’s past, he was consid- ered a top Major League Baseball draft prospect. After, no team selected him. Some have suggested he be banned from athletics, while others suggest that he be banned from attending the university. This is not a contest of sympathy, as in “If we have sympathy for Heimlich, we cannot care about the little girl (now 11).” Or, “If we are (justifiably) angry at what happened to her, we must hate Heimlich and ostracize him from our community.” Are our hearts so small that they cannot encompass caring for both? Heimlich is not a monster. He is a young man who did something terribly wrong. He has been held accountable and completed treatment. He is highly unlikely to commit another sex crime. We should spend as much energy preventing sexual abuse as we do righteously condemning those who are trying to make amends and contribute to the community. The cost of maintaining lifetime pub- lic registries and other monitoring mecha- nisms drains the public purse so that little is left for prevention or victim services. Several years ago, the National Coalition to Prevent Child Abuse and Exploitation advocated a stable funding stream for pre- vention, amounting to 1 percent of the millions spent on after-the-fact responses to child sexual abuse. It has not happened, despite the fact that public registries, com- munity notification, residence restrictions and other monitoring methods have not proven effective at preventing more abuse. Our feel-good solutions are not making anyone safer. Yet it is anathema to declare that the emperor has no clothes. It is long past time for a reasoned dialogue on our re- sponse to child sexual abuse. As it is now, we are perpetuating harm against present and future victims, as well as those we mark for life as irredeemable. Judith Armatta is an attorney and author of Twilight of Impunity: The War Crimes Trial of Slobodan Milosevic. She blogs at juditharmatta.com. Armatta supports local efforts for criminal justice reform through a number of organizations. |