CLARK COUNTY BAR ASSOCIATION

Transcription

1 ccbawashington.org JUNE 2014 OFFICIAL NEWSLETTER OF THE CLARK COUNTY BAR ASSOCIATION Supreme Court Social page 5

2 THIS MONTH S ISSUE President s Message...3 Supreme Court Social: A Visit from the Supremes...5 CCBA Board Meeting Minutes...7 Family Law Section...8 Young Lawyers Section...10 CLE Calendar...10 Superior Court Bench/Bar Minutes...11 Inns of Court...12 Brown Bag CLE: Military Law...13 CCBA Golf Tournament a tournament like no other!...15 WSBA Solo & Small Firm Conference...16 Is your head in the sand? Understanding electronic data...18 IN MEMORIAM: David D. Jahn...23 Washington s Law Clerk Program...25 Attorney Call to Duty...26 Hearsay Profile: Elizabeth Arwood...28 Clark County Superior Court Jury Selection Procedures...29 Double Hearsay...31 Clark County Volunteer Lawyers Program...32 Clerk s Report & E-filing - Printing to TIFF...33 CCCEF User Registration Form...35 News You Can Use...36 Attorney Bookkeeping Tips...36 Events Calendar...38 SW Washington Lawyer Referral Service...38 HEARSAY is published 12 times per year and is design edited by: GOUGH CREATIVE GROUP JEFF GOUGH, Creative Director GCG [email protected] An annual "green" subscription is included with annual membership dues. Members may purchase a hardcopy subscription for $ Letters, news items, upcoming events and announcements are welcome. Articles by members are accepted. Submissions should be presented in Microsoft Word and may be edited for length, clarity and style. Submissions by members are published at the editor s discretion and space available. Views expressed in articles represent the authors opinions, not necessarily the CCBA s. The publication does not purport to offer legal advice. CCBA OFFICE HOURS: Monday through Friday, 12:00 p.m. to 4:00 p.m. He delivers. In two states. MEDICAL MALPRACTICE WRONGFUL DEATH PERSONAL INJURY Don Jacobs will handle your cases in Washington... and Oregon. A past-president of the Oregon Trial Lawyers Association, Jacobs is available to take your cases to court in either state [email protected] winjurylawcenter.com Law office of: JANE E. CLARK ATTORNEY AT L AW 1014 Franklin Street Franklin Suites, Suite 108 Vancouver, WA Available for Referral or Association Vancouver Portland [email protected]

3 PRESIDENT S MESSAGE JANE CLARK CCBA President As I write this column I am counting down the days to the end of the school year. Four more to go. The frantic planning days of finding camps and babysitters are over. The camp sites for our weekends away are booked. The week long trip to Utah that involved 24 hours of driving with a cranky 2 year old and a temperamental tween has been rescheduled to a trip to the Redwoods with a far more civilized 12 hours of driving. My trials scheduled for the fall have settled. Maybe now I can breath easy for 2-3 months. Or can I? Maybe with a less frantic schedule I need to spend some time reviewing my practice, making sure I am working efficiently and, perhaps more importantly taking what steps I can to prevent getting hacked! I raise this issue as I recently attended the seminar presented for the CCBA by Lainie Hammond and Gayle Kirsopp entitled Cloud Technology and IOTLA Ethics. Lainie and Gayle presented a one hour CLE following our General meeting earlier this year and we asked them to come back and present in more detail in light of the fact that they managed to scare the hell out of most of us who attended their first presentation. Heather Norton has written an excellent article appearing in this issue of Hearsay summarizing this presentation in detail and I would encourage everyone to read it. I came away from the seminar with an urgent list of to dos in order to make my practice more secure. I learned that Gmail and the free google docs service are currently not encrypted raising issues of client confidentiality. Clients need to be advised that if they send s to their attorney on a work account they risk waiving the attorney client privilege. I learned easy techniques for making passwords more secure but still memorable. I learned that I need to have the capacity to remote locate and wipe my hard drive on all devices and that I need to password protect my hard drive. I also learned that I probably should be using my personal hot spot and not log into the Starbucks Wifi if I decide to work in a coffee shop. Attorneys have a lot of personal information about clients in our files and, in response to my question - why would anyone want to hack a solo practitioner attorney in Vancouver - the answer was - because you have a wealth of useful information and you are easier to hack than Target (and let s face it - Target was apparently not too difficult to hack either after the fiasco at Christmas when thousands of client accounts and personal information were compromised when accessed by a hacker). So I at least am going to spend some time this summer improving my security procedures. You may at least want to read Heather s article and decide if you want to do the same. Kids up at 5:30am on 1st camping trip of the year. Here's to a relaxing summer! Speaking of Heather, I was delighted to see her at the seminar and we are grateful for her continuing work and efforts for the CCBA. She plans to continue writing articles for the Hearsay and I am sure we will see her at upcoming events. I want to personally express my gratitude to her for her wonderful service to the CCBA during the time she worked with us. We will miss her and wish her every success as she returns to her legal career. In terms of upcoming events, mark your calendar for the barbecue on July 18th. We have scheduled our next General meeting for September 15th to be followed by a CLE - A View from the Bench to be presented by 2 of our local judges. Finally, for those of you who have not already heard the news, we will have two contested elections this fall. Bob Vukanovich will be running for Department 5 Superior Court judge position against the recently appointed Bernard Veljacic. In addition, Josie Townsend is running against Tony Golik for the position of Clark County Prosecutor. We will be holding preference polls for these positions and will be having a trial run of an electronic poll. For some time the CCBA board has been discussing this as a possible alternative to the written polls which are time consuming and expensive. We welcome any feedback and hope that as many people as possible will participate in the poll. We are also considering holding a candidates forum so watch out for further announcements from the CCBA on this. Wishing everyone a happy and healthy summer. HEARSAY - JUNE

4 We ve got holes in our Lawyer Referral Service....and you can fill them! Each month the LAWYER REFERRAL SERVICE refers hundreds of potential clients to our attorneys. But in some of our referral areas, our attorneys are...well...sparse. This is a great opportunity for YOU! If you practice in any of these areas, consider joining the LRS today! - ADMINISTRATIVE LAW - CONSUMER - DEBTOR/CREDITOR - LABOR AND EMPLOYMENT MEMBERSHIP IS ONLY $150 PER YEAR. Plus, we are expanding our advertising efforts to include an active link on our brand new website... COMING SOON! Hear what some of our LRS members have to say: The lawyer referral service is a great resource for the public and a great source of work for local attorneys. Not every case is a good case but that is the same no matter where the referral comes from. The fee for joining is reasonable and the way I look at it if you get one good case from the service it will probably more than pay your fee for the next 5 years. I have had several good cases from the services during the 6 years I have been a member. ~Jane Clark The LRS has helped me grow my family law practice, and has increased the number of family law consultations I do. It is a nice way to attract potential new clients. ~Elizabeth Arwood Call Lisa Darco today! CLARK COUNTY BAR ASSOCIATION

5 Supreme Court Social A Visit from the Supremes JEAN McCOY Hearsay Special Correspondent On May 13, 2014 the Washington State Supreme Court Justices heard oral argument in three cases as part of a visit to Clark County, and specifically Clark College. Every year the Justices visit a different part of the State to hear cases, and to talk with the locals about the Court process. The last visit by the Justices was in 1999 and we have Judge Rich Melnick to thank for this latest visit. Each visit is more than a year in the making, so Judge Melnick discussed this request long before he was appointed to the Court of Appeals for Department 3. This is only the second time the Supreme Court has heard arguments in Clark County. It sure doesn t hurt having an Appellate Judge as your sponsor! In honor of the Justices visit, the Clark County Bar Association hosted a social event on the evening of May 12, 2014 at the Artillery Barracks at Fort Vancouver. The nine justices, Barbara A. Madsen, Charles W. Johnson, Susan Owens, Mary E. Fairhurst, Debra L. Stephens, Charles K. Wiggins, Steven C. González, Sheryl Gordon McCloud, including newly appointed Justice Mary Yu were in attendance, as well as many from our local Bench, and newly retired Judge Joel Pennoyer, who also acts as a Pro Tem. The Justices answered many questions informally from the local Bar. The cases heard by the Court in Clark County were not cases that originated in Clark County. All participants in the process agreed to have their cases heard in Clark County, as opposed to Olympia. Unlike other States Supreme Courts, in 1995 ours was one of the first courts in the world to allow broadcast of its cases on Washington s Public Affairs Network, TVW. Let s get Judge Melnick going on scheduling that next visit! HEARSAY - JUNE

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7 CCBA Board Meeting Minutes RICK McLEOD CCBA Secretary CCBA Board of Trustees Mtg. May 7, :07 PM (Caron, Clark, Dunn, Nellor, Fairgieve, Mancuso, Mc Leod, Sasser) Lisa Darco present. Motion to Approve April Minutes (MANCUSO/FAIRGRIEVE) APPROVED. Treasurer s Report (Nellor) Solvency continues. We are over budget on a number of items, but this has to be considered with respect to income. For example, Title 11 GAL training was not in this year s budget, but the tuition easily covered the cost of the meals provided, and we had a net profit on the training. Insurance will be planned further in advance next year, so that we can take bids from other firms. Family Law Section Accounting (Clark) Still investigating. FLS definitely does not have a $20K credit. Quickbooks is difficult to reconcile, given the way that the entries have been setup in prior years. Current practice (consolidated with CCBA account) is problematic. There has been a recurring accounting problem. FLS expenditures are open loop from the CCBA accounting process. Appears that the best way forward is to transfer accounting to FLS. Will investigate further. New Employee (Clark) Interviewed several qualified candidates. Paula DeLano preferred candidate as she desires long term part-time position. She ll work with Heather during a learning period. She ll start at a probationary rate for 90 days and we ll review. Tax Issue (Clark) IRS Notice non-profit tax status has been revoked for failure to timely file Form 990 (for three years). Non-profit returns filed in February, apparently were due Jan 15. No warning notice was received from our accountant. We need to file for reinstatement and identify an appropriate mechanism to insure that 990 s are prepared in advance and timely filed. Discussion whether to stay with current accounting firm. (Should we consider changing firms to someone with better focus on non-profits?) Sidenote: We will cancel our planned audit with current CPA and schedule an audit with another firm to avoid potential conflict. 2014/2015 CCBA Board Candidates (Clark) Nominating Committee will meet today to discuss potential slate. Supreme Court Social (Clark) Currently 79 tickets sold. Clark College President will also attend. Swearing In (Clark) Nineteen candidates expected. Motion to Provide Pro-rata Membership to new lawyers being sworn in if they apply and pay dues for next year by May 16, (CLARK/SASSER) Approved. ADJOURNED, 1:16 PM. Do you have a Bar Exam horror story? If so the Hearsay editorial staff would like to hear about it! Please [email protected] with all the details! HEARSAY - JUNE

8 Family Law Section MEREDITH MCKELL GRAFF Secretary/FL Section The May Family Law Section meeting featured Mary Blanchette, Executive Director of the Children s Justice Center, speaking on A Multidisciplinary Response to Child Abuse Crimes. The following article is a summary of her presentation at the meeting. CJC started nationally first in the East Coast, then West. The Clark County CJC is a nationally accredited agency that started nationally in CJC was created in response to public concerns that arose after numerous cases where child sexual abuse was alleged, with the McMartin preschool case and the Wenatchee child abuse cases cited as evidence of the need for CJC. [NOTE: Both cases have since been discredited: The McMartin case was the longest running with trials covering over seven years. Bucky and his mother, Peggy McMartin were ultimately released with no charges. In 2005, one of the children retracted his testimony, saying that he lied to protect his siblings and to please his parents. The Wenatchee case has been called the most extensive child sex abuse investigation with forty-three adults arrested on 29,726 charges of child sex abuse involving 60 children. The city of Wenatchee and Douglas County ultimately had to pay $3 million following a jury award to the falsely accused couple.] These cases brought to light the need for better investigative techniques and the problems with secondary trauma (to actual victims) brought about by the techniques used at that time to gather information about child sexual abuse. In 1993, Congress enacted the National Children s Alliance, which is located in Washington, DC. This agency created accreditation standards that are multidisciplinary, comprehensive, and coordinated with other agencies involved in the investigation of child sexual abuse. In 2000, the Clark County CJC received NCA accreditation, ten years after it was formed. It is one of 750 centers nationwide. When NCA makes a determination regarding accreditation of a local CJC, it looks for an investigative team at the local level consisting of professionals from the following areas: Crime victim advocacy Medical expertise Child Protective Services Law enforcement Prosecution Mental health expertise All these professionals on the team must receive additional training to be part of a cross-agency team. In addition, the CJC also includes a civilian forensic interviewer, who has an masters degree in forensic psychology, and who is neutral not connected to any particular case. Tools employed by CJC include rooms equipped with hidden video recording capabilities in order to create a record so that a child does not need to be repeatedly interviewed. All interviews are video recorded. CJC also has a certified facility service dog, which has been raised and trained by Canine Companions. CJC has found that children are more relaxed when they can have the service dog with them when they talk about their situation. The center provides a child-centered environment so that children feel psychologically safe. For example, besides the colorful paintings on the walls, law enforcement personnel are not permitted to wear their uniforms in the center. The team performs multidisciplinary case reviews monthly. There are also peer review forums that are held by the forensic interviewers and law enforcement, which meet quarterly and share information. Medical professionals also coordinate new information about physical variations in the information they have gathered. Ms. Blanchette noted that, Garden variety physicians are not trained to recognize shaken baby syndrome, child sexual abuse, and so on. The center also provides responder training scholarships to train new responders and it provides non-offending family outreach to provide support to non-offending family members who can become resources to the family. The protocol for CJC, per the NCA, when a situation is reported, requires a coordinated response: The detective investigates the crimes and gathers facts and evidence CPS social workers investigate and address child safety needs Crime victims advocates calm, comfort, assist, and inform these team members are neutrals and have no vested interest in the outcome Medical experts provide medical care, evaluation, and treatment Mental health professionals provide healing services and counseling Prosecuting attorneys determine if a crime has been committed and if there is probable cause, files a case The civilian forensic interviewer provides safe, sensitive and neutral child interviewing Family Outreach Services offers information and referrals to services in the community Ms. Blanchette informed that an average of 4 children die every day in the United States due to child abuse and neglect. She said that 1 in 4 girls and 1 in 6 boys are sexually abused. She said it is the most underreported crime in the the U.S. What is most common, she stated, is delayed disclosure, sometimes years 8 CLARK COUNTY BAR ASSOCIATION

9 later, after a child has attained adulthood. She noted that 90% of all abuse occurs within the family circle. In Clark County, CJC has received more reports of possible felony level child abuse in the last four years than ever before in the history of this CJC. There has been an increase in younger children under the age of 5. These are mostly pre-verbal children who cannot let someone know something bad has happened. This increase in abuse of the very young follows the national level, which has seen the same increase. Here in Clark County, the protocol is for two CPS front line social workers and law enforcement go to the location of the alleged abuse to determine whether the children are safe. If the parents are not cooperative or it is apparent the children are not safe, CPS steps in to remove the children. The biggest problem they have at Clark County CJC is coordination with CPS. Too often, within 48 hours of a new case, the social worker has been changed without notice to CJC. The high staff turnover at CPS makes CJC s task all the harder due to duplication of efforts, lack of coordination - a national priority - and poor communication. The CJC standard is beyond a reasonable doubt, which requires investigation and evidence to meet. Without clear coordination with CPS, CJC is hampered in its goal to protect children. *** Officers for the upcoming term will be elected at the June 12 meeting and the topic will be Professionalism, Ethics, and Judges in Transition. HENDERSON LAW FIRM, PLLC 9th Annual WSBA Solo & Small Firm Conference: The Small Firm Advantage Thursday Saturday, July 24-26, 2014 Hilton Vancouver Washington Connie Taylor Henderson, Paul Henderson, and Jordan Taylor Medical Malpractice and Personal Injury Attorneys We appreciate your referrals Presented in partnership with the WSBA Solo and Small Practice Section Approved for up to CLE credits for Washington attorneys (12.25 general and 3 ethics) Register at and search for 14555VAN Advertise with us!!! Reach 500 Attorneys and Legal Professionals throughout Clark County! Call Lisa Darco for pricing and space availability: HEARSAY - JUNE

10 Young Lawyers Section ELIZABETH ARWOOD YLS President The YLS CLE series returns! On May 29th, we have two very special presenters. The Honorables Rich Melnick and Bernard Veljacic will present a "View from the Bench." This has been approved for 1 ethics CLE credit. The CLE will be held from 4:30 p.m. to 5:30 p.m., a social will follow from 5:30-6:30. The event will be held at Thai Orchid Restaurant located at 213 W. 11th Street, Vancouver, WA The cost of the CLE is $15 for YLS members, $25 for CCBA non-yls members, and $30 for non-ccba members. Appetizers will be provided by YLS. Please RSVP to YLS Treasurer Travis O'Neil, [email protected], in advance, as space is limited for the CLE. All are welcome to attend the social at 5:30. Save the Date: On June 26th at 4:30 p.m. attorney Matt Blum will present on the topic of estate planning for solo and small firms and how to protect your firm and your clients. We will be requesting one CLE credit for this event. Additional details as to location will follow. CCBA CLE Calendar Register now for any of our upcoming CLEs. CLE Military Law Todd George June 23, :00pm 1:00pm Clark County Public Service Center 6th floor Training Room N&B Low Cost Technology & Research Options for your Law Firm Art Kohn, Rick Mc Leod & Scott Weber September 10, :00pm 5:00pm Red Lion at the Quay N&B Elder Law Victoria Kesala & Jill Sasser October 8, :00pm 5:00pm Red Lion at the Quay N&B Construction Law: Liens and Bond Claims Paige Spratt & Sean Elpel November 12, :00pm 5:00pm Red Lion at the Quay N&B Judgment Collection Jeff Ott December 10, :00pm 5:00pm Red Lion at the Quay N&B CLEs: General CLEs: $50 for Members $70 for Non Members $35/Hour for Members $45/Hour for Non-Members 10 CLARK COUNTY BAR ASSOCIATION

11 SUPERIOR COURT BENCH/BAR COMMITTEE MEETING MINUTES MAY 13, 2014 JOHN FAIRGRIEVE Hearsay Special Correspondent The meeting began shortly after noon. Persons present were Judge Robert Lewis, Judge John Nichols, Ann Christian, Karen Campbell, Tom Phelan, Todd George and John Fairgrieve. OLD BUSINESS: 1. Competency Evaluations (WSH): Ann Christian, Therese Lavallee, Tony Golik and John Fairgrieve plan on meeting next week to discuss the next steps to be taken to create an outside panel to conduct competency evaluations in the jail and to make a recommendation concerning such a program to the superior court bench. Ann asked the judges what the superior court bench s position would be on creating such a program. Judges Nichols and Lewis told the committee that they believed the superior court bench would support such a proposal, but they would not want to referee disputes over which evaluators should be appointed. Ann then noted that Pierce County has saved approximately 1500 jail bed days since instituting their program in August Publishing Jury Selection Procedures: It was announced that procedures for two of the superior court departments would be published this month and those for two additional departments would be published next month in the Hearsay, the Clark County Bar Association s journal. 3. Mock Trial: Judge Lewis reported that the Seattle Preparatory School won the 2014 National High School Mock Trial Competition held in Madison, Wisconsin. 4. Legal Financial Obligations: Judge Nichols reported that work is continuing on making changes to local procedures for imposing legal financial obligations on criminal defendants in response to a February 2014 report by the American Civil Liberty Union criticizing certain procedures used by the justice system in Clark County. 5. Readiness Hearings: Judge Lewis reported that the readiness hearing docket is being divided almost every week and that there are currently 75 matters on the docket for this week. He told the committee that if there are 45 or more items on a docket the docket will be divided into in custody and out of custody dockets. 6. Drug Court Coordinator Leaves: Brad Finegood, the Clark County Superior Court Therapeutic Specialty Courts Coordinator for the past few years, resigned his position on May 9 to accept a new job in the greater Seattle area. The county is in the process of hiring a replacement for him. NEW BUSINESS 1. Criminal Justice Matters: a. Work release screenings: Tom Phelan addressed a number of issues to the committee. First Tom asked why some of the judges are ordering that criminal defendants who receive work release as part of their sentence go into custody to be screened for work crew. Judge Nichols stated that this was not an adopted judicial policy. b. Residue cases: Tom then asked what the Prosecuting Attorney s Office policy is on unlawful possession of controlled substance cases involving residue amounts of controlled substances. He stated that some deputy prosecuting attorneys are waiting for a report from the State Patrol Crime Lab reflecting the weight of the controlled substance before reducing the case. John Fairgrieve told the committee that the policy of the PA s Office is generally to reduce residue cases to misdemeanors, but that there are a number of factors involved in making such a decision such as whether the defendant was armed at the time of his arrest, whether he was committing other crimes at the time of his arrest, his criminal history, and others. c. SOSSA review hearings: Ann Christian then mentioned to the committee that there is a statutory requirement for the sentencing court using the Special Sex Offender Sentencing Alternative to review the defendant s progress in treatment on an annual basis. She told the committee that some judges are setting such review hearings at the time of sentencing and ordering appointed counsel to be present at the review one year later. Tom Phelan then suggested that such hearings could be set once a quarter and all be put on one docket with defense counsel present. Ann mentioned that such matters could be treated like a probation violation and that counsel could be appointed only if a motion to revoke is filed. HEARSAY - JUNE

12 d. Child abuse cases: Ann told the committee that a bulge of child sexual and physical assault cases filed late last year and early this year continue to work their way through the system. e. Bail in criminal cases: Tom Phelan then asked if there had been any recent discussions about bail. Judge Nichols responded not recently. Tom told the committee that he has noticed a huge increase in the bail amounts being set, and that the PA s office asks for bail in almost every case. Tom stated that by court rule the presumption is supposed to be release, but that few individuals are released on their own recognizance. Judge Nichols acknowledged that the PA s office frequently requests that bail be set but that the judges make the ultimate decision about whether bail will be set and, if so, how much. He went on to state that there are a lot of newer judges, and that after they make a finding of probable cause they often decide that some bail should be set. He also stated that this topic would be a good one for the next judges meeting. Tom went on to state that the criteria that the judges should be applying in setting bail is the probability that a defendant will reoffend if released and the probability that the defendant will show up for his or her next court date. f. Request for an additional out of custody COP docket: Tom asked if a second out of custody COP docket could be started. He told the committee that with only one docket that there was not enough availability and that cases were getting set over due to a lack of space on the docket. Alternatively, he suggested that the Friday morning in custody COP docket be changed to accept both in custody and out of custody defendants. 2. Pro Se Litigants in Family Law Cases: Karen Campbell raised the issue of the unmet need for civil legal services in the county, and referenced a recent article in the Columbian that highlighted the matter. Tom Phelan asked if information and instruction for pro se litigants could be put on the county website. Karen then told the committee that she understands that there are posters in some of the courts in Oregon that describe the general rules of the courtroom to pro se litigants. Additionally, she said that there are lots of pamphlets that describe the process and procedure that apply to cases in family court. Judge Nichols told the committee that the family law facilitator helps pro se litigants but that there are no pamphlets available to be handed out. Judge Lewis mentioned that if someone was interested in putting together posters or pamphlets that the judges would consider them. Ann Christian told the committee that she would contact Multnomah County and get information on their program. Karen told the committee that she would also look at other county court websites and see if they contain links to legal service providers. 3. Military Law CLE: Todd George announced that he would be giving a CLE on June 23 and asked that other attorneys let him know if they wanted him to address any particular topics. The next bench/bar meeting will be held on June 18, 2014 at 12:00 p.m. Respectfully submitted, John Fairgrieve Inns of Court RICK McLEOD Inns of Court President Thanks to everyone for making this a memorable year. And thanks again to the departing board members for doing a great job. May finished with a bit of a bang as we checked out the function room at South Pacific along with a sampling of its Hawaiianstyle menu. Roughly 2/3 of our membership attended, and I saw a few new faces that may join us in the fall. As we look to 2015, our Inn has two big budget items: the meeting space/food and dues to the National Inns. The latter is out of our hands, and it accounts for approximately fifty percent of our overall expense. Currently, they charge us $75/person based on the last year s roster. In short, the Inn suffers when membership drops. (So, don t quit!) The good news is that South Pacific was a hit. It s got a bar that will serve you if you want to start earlier than the rest. The function room itself is large enough even if all our members attended, and it s small enough that my Bose speakers can fill it. We plan to change the layout to give us a large center aisle and tables of 6-8 on each side. Then, people can shuttle across the aisle freely, while it should be easy to see anything that might be projected to the end of the room. The food was great and more affordable overall. We can afford to pick three or four items off the catering menu, rather than take the chef s choice roulette than we were getting. And, there was plenty of it, even as take-away boxes rolled out at the end. We can change the selection a bit, but I note that they are very thin on hot veggie items (in case you were wondering). Is fresh fruit more popular than fresh veggies? Let us know. That s it for now. It s going to be an exciting year. See you in September. 12 CLARK COUNTY BAR ASSOCIATION

13 The Clark County Bar Association Presents a Brown Bag CLE: Military Law Presented by Todd George June 23, 2014 Noon 1:00pm Public Service Center Training Room 1 General CLE Credit $35.00 for CCBA Members - $45.00 for Non-members - $17.50 for Non-attorneys. Feel free to bring your lunch or The Dragonfly Café is conveniently located on the main floor of the PCS. To register: call the CCBA at (360) , OR [email protected], OR FAX this flyer to (360) with your BAR NUMBER, NAME PHONE #, and . Payment can be mailed to 500 W. 8 th Street, Ste 65, Vancouver, WA or via credit card over the phone. HEARSAY - JUNE

14 Military Law CLE Outline Todd N. George (360) Structure of the Military in Brief Branches Active vs. Reserve Component / National Guard Organization Rank Structure Military Justice Applicable Laws o Uniform Code of Military Justice (UCMJ) (10 U.S.C ) o State Codes of Military Justice (National Guard) (Chapter R.C.W.) o Assimilation of Other State and Federal Criminal Laws UCMJ o Court-Martial Process o Rights of the Accused o Non-judicial Punishment o Appeals State Codes of Military Justice o Application o Washington tracks UCMJ with some exceptions o States without Codes Adverse Administrative Actions Separations Reductions Reprimands Evaluations Security Clearance Denials/Revocations Collateral Effects of Civilian Convictions - Lautenberg - Administrative Separation - Security Clearance - Concurrent Prosecution Post-Separation Issues - Service Review Boards (e.g. ARBA / ADRB / ABCMR) - VA Benefits (Brief Mention) Like Us on stay connected facebook.com/ccbawa 14 CLARK COUNTY BAR ASSOCIATION

15 CCBA Golf Tournament a tournament like no other! BOB VUKANOVICH Hearsay Special Correspondent The naysayers that were predicting rain were, like most weatherpersons, wrong! May 16th turned out to be a perfect day to play golf and the course, Camas Meadows, was in terrific condition. The tournament directors, Jim Senescu, Matt Philbrook, and Beau Harlan (with a ton of help from Lisa Darco) did a wonderful job organizing the event. There were 60 golfers that played, making up 15 teams (versus 14 teams last year) in two flights, and 5 sponsors. The golfers and CCBA want to give a big hand to all of the sponsors this year: Attorney Bookkeeping Services (with Emanuela hosting the 9th tee box); Riverstone Chevron (Jeff Reese) Merchant Services (Brent Taylor) Davidson Insurance (Tony Johnson) Massage Envy (giving massages on the 10th tee) There was, and possibly still is, a little controversy surrounding the coveted CCBA jackets that the winning team receives. Team Dynasty arrived at the golf course wearing their jackets, and one teammate, Jim Mayhew, was even seen wearing his jacket as he was playing. Team Dynasty believed that, since they had the jackets for the last three years (the tournament was not played one year), the jackets were to be retired and that they would have the honor of keeping them. Team Dynasty even had a miniature superman cape sewn on the back of each jacket. However, John Holtmann would have none of this and insisted The team of Judge John Nichols, Jim Senescu, Barry Brandenburg, and Jim Mayhew, also known as Team Dynasty, was attempting to three-peat this year as the overall champion; however, they were upended by the team of John Holtmann, Dave Christel, Randy Prince, and Steve Leatham. Not to make any excuses, but Team Dynasty ran into a little misfortune when Barry Brandenburg decided to go on a cruise with his wife and forgo the tournament this year. Obviously, Barry does not have his priorities in the right order. Consequently, Barry s son, Bennett, stepped up and took his father s place on Team Dynasty; and played admirably. Unfortunately, as one member of Team Dynasty later confessed we just did not have our mojo that day. that Bennett Brandenburg (going after the youngest of the team) give up the jacket immediately after it was announced that Holtmann s team had won. Afraid, and receiving no support from his teammates, Bennett relinquished the jacket whereupon the rest of the team did the same. Should the jackets have been retired and kept by Team Dynasty? This matter is still under investigation and a potential lawsuit is pending. With that said, the team of John Holtmann, Dave Christel, Randy Prince, and Steve Leatham played superbly, shooting a winning score of 57. I was told that Steve Leatham was pounding it on the golf course; whether that was meant to mean that he was hitting the golf ball a long way or something else is undetermined at this time. Team Dynasty came in second with a score of 62 (playoff win), and the team of Tim Dack, Bob Schaefer, Mark Carter, and Jack Peterson came in third. In the B Flight, the prosecutors team of Art Curtis, Kasey Vu, Dan Gasperino, and Dan Lloyd came in first place with a score of 63. They might have shot lower; however, supposedly it took HEARSAY - JUNE

16 Dan Gasperino a few holes to recover after his massage on the 10th tee. The team of Steve Hill, Dustin Klinger, Jeff Miller, and Joe Vance came in second, with Chuck Buckley, Beau Harlan, Nate Peterson, and Chris Ramsey close behind in third place. The team of Bill Thayer, Brad Thayer, Tom Phelan, and Christina Phelan had the dubious honor of shooting the high score for the day of 79; however, they probably had more fun than any other team. What could possibly be better than to have the opportunity to play golf with your son or daughter? Regrettably, the sheet that had the longest drives and closest to the pins was destroyed and therefore I am unable to share the winners of those awards. I do remember however that Brian Heurlin, with the help of Judge Scott Collier, got the closest to the pin for a female on the 8th hole. All in all, it was a great day for golf. There were lots of laughs, some storytelling, a few hugs, and some good food at the end of the day. What more could one want? This is what makes golf such a special game. For those of you that played, and for those of you that want to play, mark your calendar for May 22, That is when the tournament will be played once again at Camas Meadows. Until then, tee it high and let it fly!!! WSBA Solo & Small Firm Conference STEVE HORENSTEIN Hearsay Special Correspondent I would like encourage everyone to join me in registering for the 9th Annual WSBA Solo & Small Firm Conference, which will be held here in Vancouver at the Hilton Hotel, from July 24-26, There is no other continuing legal education program like this in Washington. Co-sponsored by the WSBA Solo & Small Practice Section, this year s Conference programming emphasizes The Small Firm Advantage, bringing together national experts and experienced local and regional speakers.. This year s Conference will showcase educational tracks focused on law practice management, ethics, law firm start-up, and technology. Here are some highlights of the presentations that will be offered: Hear three presentations by nationally recognized technology expert, Barron Henley, on 60 Legal Tech Tips, Gadgets and Websites in 60 Minutes, Moving Your Practice into the Cloud and Champagne Technology on a Beer Budget. Get the latest technology information for the small law office, including I Went Mobile & Paperless & You Can Too with Jennifer Willner, How to Set Up and Manage a Virtual Firm with Stacey Romberg, Using Social Media for Business Development with Sara Lingenfelter, and How to Grow Your Practice Strategically with Ann Guinn, our own nationally recognized speaker and author. Meet and sample products from a variety of legal vendors and exhibitors, ranging from practice tips for the small office to practice management software. The Solo & Small Firm Conference continues to be the best CLE value of any continuing legal education program anywhere. For $365 ($265 for new lawyers in their first four years of practice) you can earn up to CLE credits including 3.0 Ethics credits. There are increased networking opportunities this year so you can make important connections with colleagues from around the state. As an added benefit, you will also be fed! The price of the Conference includes continental breakfasts and terrific buffet lunches. Once again, the Solo & Small Practice Section will sponsor a welcoming reception on Thursday night. Register for the program here. Call the Hilton at to reserve a room. Mention Washington State Bar Association to receive the group rate of $124 per night. I hope to see you at the Conference! Cheers, Steve Horenstein, Co-Chair Conference Steering Committee 16 CLARK COUNTY BAR ASSOCIATION

17 HEARSAY - JUNE

18 Is your head in the sand? A lawyers guide to understanding (and more importantly protecting) client and third party electronic data HEATHER J. NORTON Hearsay Special Correspondent A couple weeks ago, I was sitting at home one evening, mindlessly folding the laundry, when my phone rang. It was Wendy-- a family friend who, sounding a little frantic, wanted to know where my teenage daughter was. I said she was at work... why? Wendy said that my daughter had sent her a Facebook message and that they had been having a conversation. But the more Wendy conversed with my daughter, the more she wondered if it might not be my daughter at all. She had a sneaking suspicion that my daughter had, in reality, been hacked and that Wendy had been having a full-blown conversation with a complete stranger. (I m not sure what tipped her off, but it might have had something to do with my daughter s claim that she had posted inappropriate pictures of Wendy on the Internet.) We had a good laugh and agreed that my daughter probably ought to change her password. I reassured her, thanked her for the heads-up and scribbled a quick note, which I stuck to the microwave, instructing my daughter to change her Facebook password sometime that night. I apparently wasn t grasping the seriousness of the situation. Within 15 minutes I had received 2 more calls on the land-line, 3 on my cell phone, and 6 texts from family and friends wondering what the heck had gotten into my kid. In the meantime, my daughter, who was innocently serving up ice cream at our neighborhood sweet shop was wondering why the cell phone she had stuffed in her pocket was going off every 10 seconds. When they didn t get a response to their texts (it was a busy night for ice cream), a group of her friends finally headed over to her work to tell her she had been HACKED big time. (...and also to ask her to please stop posting inappropriate pictures of them on the internet). The next morning, my bleary eyed teenager sleepily told me she had been up until 2:00 a.m. fixing the hack and sending out notes of apology to her 700+ friends who now thought she was a pervert. While my husband and I have had our s hacked from time to time, this was by far the most far-reaching hack our family has experienced. Until now, we have seen the periodic hack as a mere nuisance. And more than anything, I ve simply grown weary of changing my password for the umpteenth time. (I mean seriously I can only combine the name of our dog and the last four digits of my phone number in so many ways). But after the Facebook-pervert-hack I began to feel that perhaps I might be taking computer security a bit too lightly. As my luck would have it, the Clark County Bar Association, was hosting a 3 hour CLE on protecting digital data. So I went. My experience was one of initial terror (the first hour and a half), followed by understanding (the next half hour), concluded by empowerment (the last hour). My objective in writing this piece is to help my fellow attorneys also experience the same fear, the understanding, and ultimately the empowerment that I experienced except I hope to guide you through that process in less than 15 minutes. Be afraid... be very afraid Quite frankly, I was surprised that more attorneys did not attend the CLE. (Seriously--it was 3 whole ethics credits!) And 18 CLARK COUNTY BAR ASSOCIATION

19 while most CLEs do not generate a spotlight article such as this, this particular CLE was serious enough that it almost demanded one. Because, as speakers Lainie Hammond and Gayle Kirsopp pointed out, when it comes to the risks inherent in technology, most attorneys are like ostriches with their heads in the sand. They would much prefer to ignore it. But what we don t know CAN hurt us--in the form of a disciplinary action or a malpractice suit. Consider this example shared by speaker Lainie Hammond. Just a few weeks ago, Lainie was at a ferry terminal in Seattle. She used two different credit cards for two different purchases one at Starbucks, and one at Subway. The next week, she got letters from BOTH credit card institutions canceling and reissuing her credit cards. Her information had been compromised. What are the chances?, she thought. And then she made the connection. A hacker had accessed her credit card information for both cards at the ferry terminal. (More on how the hacker did it and what that has to do with your law practice in a minute). It was at about this point in the lecture that many of us were squirming in our seats, looking for some way to circumvent any application this story might have to our law practices. Then CCBA president Jane Clark came to our rescue. (For more of Jane s thoughts on this CLE, see her president s message). I can understand a hacker wanting to hack Starbucks or Subway, she explained. But I m just a sole practitioner in Vancouver, Washington. Why would a hacker have any interest in me? (My thoughts exactly.) Turns out hackers are very interested in attorneys like Jane, and all of us. In a hacker s line of work the little guy represents the low hanging fruit. It is far easier to break into your network than Starbuck s, since the security you have on your system is far weaker than mid-large sized companies. The thinking that I m little, who would really want to bother with me? is a dangerous mentality. It lures us into doing little to protect ourselves or our clients. In fact, to illustrate how frequently hackers attempt to break into the little guy s network, speaker Gayle Kirsopp offered up an experiment she had tried herself. She downloaded some free software that enabled her to see how many attempts had been made to hack her network on any given day. (I was guesstimating in my head... five... okay maybe 10). It was in the thousands. The bottom line is simply this-- as much as we want to avoid thinking about it, cyber threats are not just some imaginary thing we can wish away since we can t see them. They are real. And even sole practitioners in Vancouver, Washington are at risk. With all thy getting, get understanding... We sure do get a lot of technological stuff these days--laptops, tablets, mobile phones, apps, subscriptions, and software. But with all our getting, how often do we actually understand how the technology we are using works-- or at a minimum, how to use it in a way that protects our confidential information and that of our clients? The old proverb, with all thy getting, get understanding is appropriate here, especially when our use of technology is viewed through the lens of the RPCs. For example, RPC 1.15A(a) requires an attorney to safeguard clients and third party property which are in that lawyer s possession. This IOLTA rule applies equally to client and third party digital information. In fact, the WSBA expects attorneys to protect this information as diligently as they would client funds. Nearly every attorney understands what steps are necessary to effectively protect their clients money. Unfortunately, most attorneys do NOT understand what steps are necessary to effectively protect client and third party information. Or even worse, they think they do, but in actuality they don t. (hint: if you think having a strong password on your laptop is enough, think again). If you cannot list the steps necessary to protect the confidential information you hold, you are at risk of liability and/or disciplinary action. So let s get a little understanding. For starters, we work with two types of data. Data at rest and data in transit. Data at rest is essentially data that is just sitting there. It is not moving like a client file on your hard drive, or stored in a cloud service, for example. Data in transit is data that is being moved like an sent to a client or opposing counsel, or a cloud based file being moved to or from your desktop. Thinking of data in these two categories can help us evaluate the risks it faces, and determine how best to protect it. Data at rest: The two most important questions to ask about our data at rest are, 1) where is it?, and 2) who has access to it? Often attorneys, especially sole practitioners, think they don t have anything to worry about, since they are the only ones who have access to their at-rest data. But consider the following: Target stores recently made headlines when millions of Americans credit card information was compromised. Many people assumed the hack was the result of a carefully planned attack carried out by a sophisticated hacker. Not so. The hack was actually enabled via a mom n pop third party vendor, who had been hired to simply monitor Target s HVAC system. The provider had access to Target s network so it could turn the temperature down at night and then up again before the store opened the next morning. The hacker found a hole in the network and in an instant millions of shoppers private credit card information was no longer private. You may not have someone monitoring your HVAC remotely. But do you have a bookkeeper or someone that occasionally helps you with I.T. issues? Attorneys often overlook third party vendors who rarely (but indeed do) have access to their network. Consider this question: If your laptop got stolen, what would be the first thing the thief would to do with it? Most people believe they would turn around and sell it on Craig s list. That is why we password protect our mobile devices. We figure in the event of a theft, our confidential files are safe. Think again. Most thieves will take out the hard drive, install a new one, and then sell your computer on Craig s list. A password offers no protection for a hard drive that has been removed from a computer. Your data is still vulnerable. Have you ever put data on one of those tiny little USB or flash drives? Have you ever lost one? Unless that information was encrypted, that information was vulnerable. HEARSAY - JUNE

20 Do you store data on the cloud? Most attorneys do. But do you know where the server farm is physically located and who has access to it? Do you know if others can read your information? Dropbox, for example allows bots (short for robots) to scan your files. (Yes. That s rights. Dropbox reads your files). Translation: Dropbox is not in compliance under the RPCs. (Yes. That s right. Dropbox is not in compliance.) Did any of those examples make you squirm in your seat? That s not a bad thing. That uncomfortable feeling is part of understanding our data and what is required to protect it. (Hang in there. The empowering part is coming up in just a minute). Data in transit: Think of data in transit like information traveling through a pipe. The information begins on your computer and travels through this pipe until it lands wherever you sent it (or vice versa). The thing about the pipes is that they sometimes have holes. Software exists (often very inexpensively) that enables hackers to ping the pipe, looking for holes. Once a hole is found, the hacker s computer can then talk to the other computer(s) along the pipe. And in the world of technology, when computers talk to each other the transfer of information is nearly instantaneous. Once a hole is detected, the game is over. Information is compromised. In Lainie Hammond s experience at the ferry terminal, the hacker was actually sitting somewhere in the terminal (I can just see it now...laptop on the table, coffee at his side) looking like a guy (or girl) hard at work, when really he (or she) was doing one thing--pinging. When Subway and Starbucks transmitted Lainie s credit card information through the pipe, he found a hole. And bingo. He had Lainie s credit card information. Concerned? We should be--because this happens all the time. Think of all the business that is transacted in coffee shops all over the world. Folks sit comfortably by their cup of Joe, casually working via the unsecured network, not realizing that the nice guy who just sat down 3 feet away, might in reality be trying to hack every person in the establishment. What we can do? The good news is that there are steps we can take to protect ourselves. (This is where you ll start feeling empowered). I ll begin by outlining a handful of simple steps we can all take to protect the information we keep. This will be followed by a list of seven suggested steps by the Washington State Bar that relate specifically to cloud computing and what attorneys can do to avoid disciplinary action. Simple steps to protect your data: Back up your hard drive regularly and frequently. (Speaker Lainie Hammond has a modem that automatically backs up her data every three hours without having to even think about it.) Do not delay running updates on your operating system and software! The fact is that most software updates are released in an effort to fix the holes in our information pipes. We have a tendency to delay installing those updates. (They never come at a convenient time). But doing it later gives hackers more time to exploit the holes in our stream. So when those would you like to update now? messages pop up, click yes. Create strong passwords. These should be at least 15 characters long and contain a combination of letters, numbers and symbols. I know, I know as if you can remember one more password, right? But Gale Kirsopp takes the guess work out of it. Think of a word, she says. Like Disneyland. Then substitute numbers and symbols for some of the letters. And capitalize some letters but not others. (As in Di$n3yLand ). Also consider using a password managing tool. (See some suggestions at the end of this article). A note to Apple users: Hackers used to hack PCs because they got more bang for their buck. But as Apple has gained a greater market share, hackers are targeting more and more Apple computers. Do not be lulled into thinking you are immune. Encrypt your information (both at-rest and in transit ). Software is available to do that easily. Or, consider moving to cloud based software like Office 365. All documents created in Office 365 are encrypted. (A very handy feature). And if you ever toss a file onto a USB/thumb drive, don t forget to encrypt that as well. Protect ALL your mobile devices with an auto lock on your screen. Most of us are used to doing this with cell phones and tablets. But your laptop should have an auto locked screen, too. Use tracking and remote wipe capabilities. These programs will allow you to see exactly where your device is, and, if stolen, will enable you to completely wipe the hard drive immediately. (See some suggested tools at the end of this article). After you have joined and used a network, forget about it. In other words, go into your device s settings and instruct your device to forget that particular network. We generally tell our devices to remember networks we have been on so we can avoid the hassle of having to join them again later. But this creates the possibility of being on an unsecured network even when we are unaware, thus increasing our risk of being hacked. Consider adding Cyber Liability Protection to your professional liability coverage. I like Tony Johnson at Davidson & Associates Insurance in Vancouver. He has a knack for explaining things well and in half an hour can help you understand the costs and benefits of adding this to your policy. Cloud computing and WSBA guidelines: Some of us have a kind of love-hate relationship with cloud computing. We love it because we can access our files remotely. We don t like it, however, because we feel like we have lost some control over the safekeeping of our data. But the good news is that in many ways we have actually gained some control--because 20 CLARK COUNTY BAR ASSOCIATION

21 these companies have the resources to protect our data much better than we can on our own. That said, attorneys do have an ethical responsibility to protect the data they store in the cloud. The Washington State Bar Association recently issued Ethics Opinion 2215, which offers these seven suggestions of best practices for lawyers cloud storage. While compliance with these suggestions will not explicitly create a safe harbor for attorneys, showing that you have taken these steps would most likely be sufficient protection if an ethics grievance arose. Familiarize yourself with the potential risks of online data storage. Be able to show you have reviewed literature on cloud computing industry standards and desirable features that are available both to a general audience as well as to the legal profession. Evaluate the provider s practices, reputation and history. This could include the following: 1) Searching the web for reviews, 2) Checking the ABA tech site for information, 3) Calling the LOMAP for suggestions, 4) Asking other practitioners, 5) Reading the fine print on the providers website. Compare provisions in service provider agreements to the extent that the service provider recognizes the lawyer s duty of confidentiality and agrees to handle the information accordingly. Compare provisions in service provider agreements to the extent that the agreement gives the lawyer methods for retrieving data if the agreement is terminated or the service provider goes out of business. Confirm provisions in the agreement that will give the lawyer prompt notice of any unauthorized access to the lawyer s stored data. Find out where your data is physically stored and who has access to it. Ensure it is secure and tightly controlled. Ensure reasonable measures for secure backup of the data that is maintained by the service provider. This sounds time consuming. But think of the peace of mind that comes with taking affirmative steps to protect your and your clients data. Consider setting aside one day, and knocking out everything on the list. Then reward yourself with a treat. A few final words Even if you take these steps, speakers Gale and Lainie emphasize that security is a process not a destination. Hackers evolve. Threats change. So stay on top of your efforts and keep educated. And enjoy the benefits of having your head above the sand. P.S. My disclosure: I was enthralled by this CLE and took copious notes. Having said that, I can t guarantee that I took notes with 100 percent accuracy, nor do I claim to be an expert on this topic as a result of my attendance. If you have any questions about information covered in this CLE, our speakers would be more than happy to chat with you. Also take advantage of their helpful take-away information printed at the end of this article. Speakers can be reached at: Lainie Hammond IOLTA Compliance Legal Services (206) Gale Kirsopp 4700Group (844) HELPFUL TAKE AWAY INFORMATION: Test the strength of your password - Find Lock Wipe tools: 1. Find my Phone 2. Part of your Android Device Manager set-up security 3. Lookout Mobile Security 4. Lo Jack for Laptops Password Managers: 1. LastPass both free edition & Premium Password Keeper 4. MyLOK personal smartcard encrypted device- Manager-Organizer/dp/B005JSR9GQ Helpful Cloud Computing articles for Attorneys 1. Moving Your Law Practice to the Cloud Safely and Ethically, ABA Website 2. Hey, You, Get Off of My Cloud! GPSolo Magazine, March/April Clearing Up the Cloud: What Are Your Responsibilities When Storing Data Online? GPSolo Magazine, January/February Lawyers in the Sky with Computers: Cloud Computing and the Small Firm, WSBA CLE On Demand # Cloud Computing Essentials, WSBA CLE On Demand # Cloud Computing for Lawyers, by Nicole Black, ABA Publication HEARSAY - JUNE

22 Let your CCBA membership pay for itself!... We are pleased to be partnering with the following vendors who are generously offering discounts to our members! For the these vendors, simply present your member card to receive the following discounts: A-Affordable Bail Bonds: 8% bond for any bond over $2500 The Source Climbing Center: Climb 201 at 1/2 price The Spa at Esther Short Park: 15% off all spa services (excludes hair services) Grays at the Park & Vancouver Pizza Company: 15% off (excludes drinks) Bleu Door Bakery: 10% off ~ Roots: 10% off lunch only, food only Paci ic Of ice Automation: Free enrollment in Platinum Printer Service. Members receive free, unlimited labor, cleanings and travel time for all printers. (a savings of $150/hour) Lexis Nexis, Law Pay, Of ice Depot: Call the CCBA of ice for details Vuezz.com: 25% off your entire purchase. Enter CCBA25 at checkout 22 CLARK COUNTY BAR ASSOCIATION

23 IN MEMORIAM: David D. Jahn Dave lived in Vancouver for most of his life, having moved here in the 7th grade. He attended Jason Lee Junior High where he met many of his long term friends. He went on to attend Columbia River High School where he played basketball and was the starting quarterback on the football team. His sports achievements at Columbia River are legendary and resulted in Dave being inducted into the Columbia River High School Hall of Fame in January Upon graduation, he attended University of Puget Sound for two years and then transferred to University of Southern California and majored in business administration. It was there that he met Bob Vukanovich and started a lifelong friendship. Following graduation from USC, Dave attended Lewis and Clark Law School. While in law school, he clerked at the law firm of Boettcher, LaLonde et al. There he was lucky enough to receive mentoring from Jim Ladley. Once he graduated in 1982, he immediately started his law practice at Boettcher, LaLonde in the fields of business and real estate. Upon Jim Ladley ascending to the bench, Dave took over Jim s practice. I first met Dave in about 1983 and quickly learned that Dave was a very bright and practical attorney. It was always a pleasure working with Dave on a business or real estate transaction. He knew his subject matter and was able to work through what counts and not chase after ghosts. Dave was a well rounded person in that he enjoyed sports and the outdoors. Back in the 80s Dave played softball on an attorneys team in Brush Prairie. Back then, the really good players played in Brush Prairie. Dave played with the likes of Roger Bennett, Bill Baumgartner, Tom Lodge, Curt Wyrick and other attorney-athletes. After the games, it was off to the Brush Prairie Tavern for a beer or two. Although he enjoyed playing softball, his first love was fishing. He would be out on the river fishing with his old high school friends, and some of our local attorneys, including Bill Boettcher, Hugh Potter, Bill Baumgartner and Ernie Nicholson. This is how he also spent time with his three sons, using the time on the water to pass on life lessons to the boys. Over the years he was a big supporter of Ducks Unlimited and Fish First. Dave was able to achieve a good balance between his family and his work. He found time to coach his son Ryan in a wide variety of sports. Ryan has been heard to say that until high school, he didn t have a coach other than his father. When his daughter Lindsey was a cheerleader at WSU, Dave would be frequently at the football games watching his daughter with a father s pride, and every year he would partake in the Father-Daughter cheer dance at half time. Oh, what I would have given to have seen that! While Dave had the opportunity to be a partner in a regional law firm, he enjoyed practicing in a small firm in Vancouver. I had the good fortune to have Dave as my partner and friend for a long time. When it came to practicing law, Dave was the gold standard. He was extremely bright, practical and efficient. He was not one to thump his chest or brag about his abilities. He never sought to focus attention on himself. While it s always difficult to gage the quality of an attorney, I guess that one obvious measurement of Dave s capabilities was the fact that when many attorneys wanted representation in the fields of business and real estate, they called on Dave. His impact on the legal community, his friends and family can best be summarized by his friends and colleagues: Bill Baumgartner: He was heavily involved with all family activities and sporting events, and raised four great kids that any father would be proud of. When he became a grandfather, it started all over. Doting is the word that comes to mind. It s a shame his grandkids had such a short time with him. I will miss my friend, a truly good person and fine man. Curtis Welch: I had known Dave for many years and consider him to be one of the finest people I have ever known or will ever know. He HEARSAY - JUNE

24 was a great family man who loved his family. He was someone who always treated others with kindness and respect. In all the years I knew him, I never heard him say an unkind word about anyone. He lived life with vigor and enthusiasm, both in his law practice and his personal life. I have not worked with a better business lawyer than Dave--he knew all there was to know about business and corporate law. Zach Stoumbos: Dave Jahn was a class act, in all respects. He will be greatly missed. Robert Vukanovich: Although I remained in California following graduation from USC, Dave convinced me that Vancouver would be a great place to raise a family; and he was right. Dave always made time to answer a question or discuss an issue. His insight was impeccable. He was a great person and I am very fortunate to have known him and called him my friend. Dave will be missed by many. Ernie Nicholson: I often relied on Dave as a sounding board on business, real estate and contract issues. I valued his take on issues out of the ordinary and necessitating out of the box solutions. We spent wonderful summers as part of the Long Beach Peninsula Clan braving the Columbia River Bar, fishing, clamming, talking boats and sharing boating adventures. Things will not be the same without him, but they wouldn t have been what they were without him. CCBA CLEs: They just make Cents! We know you have options when choosing a CLE. Here s why you should take your CLEs from the Clark County Bar Association. NO ONE FEEDS YOU LIKE WE DO! You know the feeling... you re trying to stay awake during that afternoon CLE just when your blood sugar tanks. We offer delicious appetizers and coffee service at each Nuts and Bolts CLE. So staying awake is not only a breeze... but tasty, too. COST EFFECTIVE Starting at only $25 per credit hour*, our CLEs offer more value for your money than any other CLE around *$25/credit: Nuts & Bolts; $35/credit: General CLEs (for CCBA members) NETWORK WITH LOCAL ATTORNEYS Only CCBA CLEs give you the benefit of rubbing shoulders with attorneys who work right around the corner. Our bar association is known for its sense of community. Come see why we are the friendliest county bar in the Northwest. CONVENIENTLY LOCATED Our CLEs are held in the heart of downtown Vancouver just a stone s-throw from the court house. With no traffic headaches or parking problems, our attorneys can get in, get out, and get back to work. LEARN FROM CLARK COUNTY JUDGES We plan multiple CLEs throughout the year that include advice and perspectives from our very own Clark County Judges. Learn what they love (and what drives them nuts) so you can be at the top of your game when you find yourself in their courtroom. THERE S SOMETHING FOR EVERYONE They say you can t please all the people all the time... But we sure try. Our CLE topics cover a wide range of topics from administrative law to litigation. Join our judges for our annual View from the Bench CLE, or grab some last minute Ethics credit in December. There s something on our calendar for you. 24 CLARK COUNTY BAR ASSOCIATION

25 A Different Route to Becoming an Attorney: Washington s Law Clerk Program LORI L. GASCON Hearsay Special Correspondent As a graduate of Washington s Law Clerk Program, I have discovered that few people know that Washington has a unique alternative to law school. When people find out that law school isn t the only route to becoming an attorney in Washington, they are often curious, then envious. No law school debt? No sitting through daily lectures about subjects you only need to learn to pass the bar? Sign me up. I had been working as a Legal Assistant for several years when I was nearing completion of my Bachelor s Degree in sociology at Portland State University. The inevitable what are you going to do next? question presented itself. The question just didn t present itself, it presented itself from Judge Bennett. What am I going to do next? I was getting a degree in sociology, were there many options? Judge Bennett asked if I had thought about law school. I had, but didn t want to jump back into college after working full time and going to school for what seemed like forever. I didn t even want to think about law school debt. Yet, I knew I liked my job and could see myself continuing to work in the legal field. I knew at some point I would want to do more than work as a Legal Assistant. Judge Bennett suggested the Law Clerk Program through the Washington State Bar Association. I had never heard of the program. Judge Bennett put me in touch with Shelly Krebs who had recently finished the program, and I liked what she had to say. I also researched the program. I learned that the program is 4 years, or slightly longer if you take the recommended one month off per year. I say recommended because the law clerk liaison told me that those that don t take time off from the program typically don t fare as well taking the bar. Interesting. I took the recommended one month off per year. During the program, you work under your mentor at least 30 hours per week. In addition, the Bar sets forth a curriculum to follow. Typically, each subject is learned over 2 months. We read the same torts, civil procedure and contracts casebooks that law school students read in Washington. At the conclusion of each month, your mentor gives you a test on the subject matter which is then submitted to the WSBA. There is also required reading of a selection of books set forth by the WSBA. Let s just say these books probably aren t on your list for recreational reading. It didn t take me long to decide that the Law Clerk Program was something I could do. I could continue to work a regular work day and study in the evenings and weekends. During the program, I found not one, but two willing mentors. I submitted my application to the WSBA. I was on the road for my first interview with the Board not long after. I started the program in January At that time, I believe I was the only one in Clark County going through the program. It truly was an independent study program. I finished the program in May 2006, weeks before the bar exam in July. During my final interview with the Board of Governors, I was told that Washington is one of the few states with a successful law clerk program. In fact, law clerks have a higher pass percentage of the bar exam than law school students. I needed this little burst of optimism going in to study for the bar. Prior to sitting for the bar exam, I took BARBRI. As I looked around at everyone that had been to law school, I feared that I would be less prepared to sit for the bar. On day 2, my fears were put to rest. None of us were truly prepared for the bar. While the Law Clerk Program didn t prepare me for the bar exam any more than law school, the program provided me with the practical knowledge of how to practice law. After four years of on the job training, I came to know other attorneys that were great resources in areas of law that I knew little about; I was more comfortable approaching judges and court clerks when I had questions; I felt comfortable talking to potential clients. Would I recommend the program? I would. Like law school, it is a long road. The program requires a great deal of self-discipline. It is easy to put off today what you can do tomorrow when you don t have to be in class every day. But for me, there hasn t been a downside. After all, the end result has been the same. HEARSAY - JUNE

26 Attorney Call to Duty ALFRED A. "ART" BENNETT Hearsay Special Correspondent The Washington State Bar Association has an initiative program named CALL TO DUTY which hopes to have Washington attorneys help military veterans and their families reintegrate into civilian life. There are over half a million veterans in the state of Washington and an estimated 6,000 troops will continue to convert to veteran status annually. The size and pace of this conversion will increase due to the current withdrawal of troops from Afghanistan. The Afghan war has now become the longest war in U.S. history. VETERANS ARE EXPERIENCING GREAT DIFFICULTIES IN REINTEGRATION INTO CIVILIAN LIFE. Compared to the civilian population: Unemployment is higher for vets percent vs. the national average of 8 percent. 20 percent of Iraq and Afghanistan veterans are experiencing post-traumatic stress disorder (PTSD) and/or Depression. Recent statistical studies show that rates of veteran suicides are much higher than previously thought. It is estimated that 22 veterans die from suicide each day. This horrific statistic is moderated only by the fact that veterans from earlier wars are included with Iraq and Afghanistan veterans. Veterans suicides have become such an issue that Congress is currently considering the Suicide Prevention for America's Veterans Act, which is pending in the U.S. Senate. The bill's sponsor, John Walsh, D-Mont., says, "We do a very good job of taking citizens and making warriors out of them. But we aren't doing a very good job of taking the warriors and reintegrating them back into society." THE FOLLOWING CHART SHOWS SOME OF THE OTHER DIFFICULTIES VETERANS ARE HAVING IN TRYING TO REINTEGRATE INTO THE COMMUNITY: their families are understandably stressed and also need help; spousal and child abuse; domestic violence; and the high rate of divorce goes higher with each deployment, etc. 26 CLARK COUNTY BAR ASSOCIATION

27 AS AN ATTORNEY, WHAT CAN YOU DO TO HELP VETERANS AND THEIR FAMILIES? The WSBA Call To Duty initiative is designed to inform, inspire, and involve volunteer attorneys in meeting the legal needs of veterans and their families. The initiative aims to provide information and resources to equip WSBA members to serve. Whether it's through one of WSBA's new Days of Service opportunities or through one of the many great local or national volunteer opportunities, members take the 2014 WSBA Call to Duty Pledge and commit to serving Washington veterans. TAKE THE PLEDGE I pledge to serve veterans this year in one or more of the following ways: Use my legal skills to advise a nonprofit organization that serves veterans or their families. Mentor those who take pro bono cases that serve a veteran. Teach at a CLE on veterans' legal issues. Volunteer for one of Call to Duty's Days of Service or with the Washington Will Clinics. Take a low-fee veteran's case through WSBA or Clark County Bar Association s Moderate Means Program. Take a pro bono case from an organization that services veterans. Become certified to take a Veterans Administration benefits case. The initiative includes two Days of Service in The model for the Days of Service is based on learning through service. Each day of service includes a free CLE, a hands-on legal clinic experience, and an introduction to local volunteer opportunities. The days will be held in partnership with volunteer lawyer programs, including the one at the Clark County Bar Association. Members who fulfill the pledge will receive a pin, be distinguished in NWLawyer, and invited to a WSBA Call to Duty awards ceremony in January in Seattle to celebrate the work accomplished by the hundreds of volunteers who have committed to serve. The WSBA Call to Duty provides ways to become aware of veterans' needs and to get involved. WSBA's public service programs can help you find an opportunity to serve that is right for you. Check out the Call to Duty page and take the pledge! For more information, visit or [email protected] GOT COPIES? The CCBA office now offers self-service copies to members for only.05 per page* Need your copies stapled, hole punched, collated, or double sided? Our machine can do that! Think of the possibilities. *Black and White only Call Lisa at: HEARSAY - JUNE

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29 Clark County Superior Court Jury Selection Procedures Judge Barbara Johnson and Judge Scott Collier CURTIS WELCH Hearsay Special Correspondent Over the past several months, students in the Clark College paralegal program, with oversight from Paralegal Program Director Layne Russell, Esq. and from two of the members of the Superior Court Bench Bar committee, Emily Sheldrick and Curtis Welch, have interviewed many of the Clark County Superior Court judges regarding practical aspects of jury selection procedures that can often vary by judge. The interviews of Judge Barbara Johnson and Judge Scott Collier are the fourth and fifth of the interviews published in the Hearsay newsletter. More interviews will be published in the next issues. Due to space constraints on publishing in the newsletter, only two interviews at a time can be published. All of the interviews will be also posted in the future on the Clark County Bar Association website. The process of collecting the information from the judges involved the paralegal students, working in teams of two students, interviewing judges in person, asking the same questions to each judge, and writing down the judge s answers. The accuracy of the answers was then verified with each judge before publishing. Please note that the published procedures are intended to provide a general overview of a judge s preferred procedures for jury selection, and a judge may change those procedures over time, or may vary somewhat from the published procedures in a particular case. We hope that you find the information to be useful in your practice. Interview of Judge Barbara D. Johnson 1. Does the Judge ask preliminary questions of the jurors? If so, what preliminary questions does the Judge ask? I typically ask preliminary questions of the jury which are suggested in the jury trial benchbook. These include: Do you know any of the attorneys or the plaintiff or defendants, or prospective witnesses? Have you heard about this case? Have you worked for law enforcement in the past? Have you been a victim of these charges or been in a similar situation? Are you related to anyone connected with the case? Do you have any hardships with sitting on this case? Do you have a physical disability which would prevent you from being a juror? Are you unable or unwilling to follow instructions or follow the law? 2. Does the Judge read a short statement to the jurors regarding the nature of the case? If so, does the lawyer for each side have input into the content of the statement? Yes. In a criminal trial, I will speak briefly about the nature of the charges, the date on which the alleged crime was committed and what the crime is. I sometimes might add some contextual statements about the alleged crime, after consultation with counsel, if there has been publicity and some facts may trigger memory of having heard of the case. In a civil trial, I will speak briefly about the nature of the allegations, the date, the location, after consultation with counsel. 3. Does the Judge inform the jurors of the expected length of the trial or does the Judge leave it up to the lawyers to do so? What other information does the Judge provide to the jurors before the lawyers begin their part of the voir dire process? I inform the jurors of the expected length of the trial during jury questions. The other information I provide was answered in Questions No. 1 and Does the Judge require counsel to stand in place at the podium during the voir dire or may counsel move around during the process? Due to the poor acoustics of the courtroom where I preside, I require counsel to stand at the podium so that their voices, and the voices of the prospective jurors, will be heard and recorded. 5. What is the Judge s preference between using juror names or numbers for jurors? I do both. Names need to be used to ensure that jurors are in the right seat in the jury box. After that, we primarily use seat numbers. Sometimes jurors request that their name is not used, for privacy. 6. How much time does the Judge allow for voir dire? I instruct the attorney that he/she has up to 45 minutes, after which we take a break. The other side then has the same amount of time. If either side has a few more questions, more or less like rebuttal, that is allowed. In most cases, the attorneys do not use this amount of time. In reviewing the other judges answers to this question, that may be due to other judges allowing a shorter period of time. 7. Does the plaintiff s lawyer/prosecutor always begin with the questioning? Yes, the plaintiff s attorney/prosecutor always begins. 8. How does the Judge prefer to handle challenges for cause? I prefer that if there appears to be an issue of cause, we take it up HEARSAY - JUNE

30 outside the presence of the other jurors. After a break, while the remainder of the jurors are out of the courtroom, any juror with a potential issue is brought into court to be questioned individually. In this manner, the questions or the answers will not influence the rest of the potential jurors. 9. How does the Judge prefer to handle peremptory challenges? Does the Judge prefer that peremptory challenges be exercised on paper? If done on paper, does the lawyer take one strike and pass the paper to the other side s lawyer, or is more than one strike taken at a time? Are peremptory challenges exercised outside the presence of jurors? I follow the local tradition of the peremptory challenges being done so that the jurors are not aware which side has exercised a challenge. (When I was in King County, challenges were exercised orally in front of all jurors, so I am aware other counties follow different practices.) If the jurors are present in court during challenges, the attorneys come up to the bar and the challenges are done one at a time in writing, on a chart which remains part of the record. The clipboard with the chart is passed back and forth. If the jurors are outside the courtroom, counsel can remain at counsel table and announce the challenges in open court. I am finding more and more of the attorneys prefer to proceed with the jurors outside the courtroom. 10. Does the Judge allow striking of jurors seated outside of the jury box? If they are excused based on circumstances, it does not matter where they are seated. Once past the peremptory challenges, the striking of the jurors is limited to the twelve seated jurors, followed by the selected alternate(s). 11. Is there anything else you would like to add? Any pet-peeves? Attorneys are generally familiar with the procedure, but should ask if they have questions. Occasionally I will interrupt if the questions are inappropriate, for example, asking a prospective juror to commit to a particular verdict, such as: If I show you, would you find the defendant guilty/not guilty? Jury selection becomes much more challenging for everyone with a self-represented litigant who has little knowledge of the court system. Interview of Judge Scott A. Collier 1. Does the Judge ask preliminary questions of the jurors? If so, what preliminary questions does the Judge ask? Yes, general questions initially, and then more specific follow up if need be. 2. Does the Judge read a short statement to the jurors regarding the nature of the case? Always, and it is written beforehand. If so, does the lawyer for each side have input into the content of the statement? Yes, it is reviewed with the lawyers beforehand. 3. Does the Judge inform the jurors of the expected length of the trial or does the Judge leave it up to the lawyers to do so? Yes, this is done right away. What other information does the Judge provide to the jurors before the lawyers begin their part of the voir dire process? The information that is typically provided is the general nature of the case, the expected length of the case, orientation of the courthouse, and general instructions about the process. 4. Does the Judge require counsel to stand in place at the podium during the voir dire or may counsel move around during the process? There are two to three places they may move to; in front of the jury box, the counsel table, and the podium. There are microphones at each of these locations. 5. What is the Judge s preference between using juror names or numbers for jurors? No preference. 6. How much time does the Judge allow for voir dire? Depends on the case and this is discussed ahead of time. Jury selection typically takes minutes per side; and more if we have to do individual questioning or if a questionnaire was allowed. Does the plaintiff s lawyer/prosecutor always begin with the questioning? Always. 7. How does the Judge prefer to handle challenges for cause? Verbally on the record outside the presence of the jurors. Are jurors present when strikes for cause occur? No. 8. How does the Judge prefer to handle peremptory challenges? Verbally on the record outside the presence of the jurors. Does the Judge prefer that peremptory challenges be exercised on paper? No, because the jurors are not present we do it orally on the record. If done on paper, does the lawyer take one strike and pass the paper to the other side s lawyer, or is more than one strike taken at a time? No, because the jurors are not present and we rotate strikes. No one does more than one at a time. Are peremptory challenges exercised outside the presence of jurors? Yes. 9. Does the Judge allow striking of jurors seated outside of the jury box? Yes on for cause strikes; we cover the entire panel. With peremptory challenges you only strike those that are in the box and presumptively sitting on the panel. Lastly we do the strikes for alternate jurors if any are being seated for the trial. 10. Is there anything else you would like to add? Any pet-peeves? Getting argumentative with the jurors. Advertise in next month s HEARSAY Call Lisa Darco at for rates and availability. 30 CLARK COUNTY BAR ASSOCIATION

31 DOUBLE HEARSAY What CCBA Members Are Doing About Town RAISA JUDICATA Guest Gossip Columnist Chris Rounds has made his yearly pitch (12th year running) to support Chris Rounds and the Prevailing Parties as they run in the 5K Race for Justice to benefit the St. Andrews Legal Clinic. His goal was $10, The St. Andrews Legal Clinic helps low-income clients who otherwise have nowhere to turn to for help. Clients are required to pay fees on a sliding scale based upon income level. You can still support the cause by going to: Heck, if Art Miller can chip in $250.00, you can too! An interesting connection was made during the Supreme Court s visit to Clark County on May 12. Newly appointed Justice Mary Yu made a visit to Family Court to observe another newly appointed Judge, Bernard Veljacic, at his first day on the job. Justice Yu served as a mentor for Judge Veljacic when he participated as a fellow in the Washington Leadership Institute in The fellows in the program and the mentors spent many hours together and forged unique bonds during the experience. Both Justice Yu and Justice Susan Owens have publically endorsed Judge Veljacic, and there is a hint that more endorsements would follow. It is good to have friends in high places! The Foundation for Vancouver Public Schools hosted another successful luncheon fundraiser for its programs at the Hilton Vancouver, with attorney Steve Hill at the helm. As President for the year, Steve had the honor of running the show, with one of the speakers being a Hudson s Bay High School Alum, Dru Horenstein. Dru and her husband Todd met while in school together in Vancouver, and went on to both have very successful careers, and wonderful children. Steve was proud to introduce his own children to the crowd, both being products of the public school system. Over 50% of Vancouver Public School children qualify for the free or reduced lunch program, and many don t have resources to purchase backpacks, warm coats, or shoes; just the basics they need to be comfortable to start learning. Thanks to the donations from the Hilton, Columbia Credit Union, the Columbian and numerous table sponsors, one hundred percent of the funds collected at the annual luncheon went to fund the Vancouver School programs. As is the more recent custom with the luncheon, kids from various schools put on a wonderful show, singing and dancing to the feelgood song Happy. It sure felt good. If you want to donate, visit Your esteemed colleague Raisa Judicata can t be everywhere. If you have a tidbit of news you would like the world to know, send a note to [email protected]. Raisa usually checks in the first Monday of every month. Remember, it is your ethical duty to support your member organization with juicy gossip and goings on. HEARSAY - JUNE

32 Susan Arney, Executive Director Ashley Belisle, Program Coordinator Administrative: The Box Lunch fundraiser was a big success. We exceeded our goal of selling 200 lunches. Thank you to all of you who supported us. I hope you enjoyed your lunch. We would love any feedback. The CCBA bar-be-que is coming up. See you there. Thank you for volunteering. Susan MANY THANKS TO ALL THE ATTORNEYS AND PARALEGALS WHO STAFFED THE ADVICE CLINICS, HOMELESS CLINICS, PROVIDED REPRESENTATION, AND VOLUNTEERED IN THE HOMELESS COURT IN THE MONTH OF APRIL FAMILY LAW: Lou Baran, Matt Blum, Darquise Cloutier, Tanya Green, Marlene Hansen, Lincoln Harvey, Danielle Paradis, Nathan Petersen, Susan Stauffer, Bob Vukanovich, Erin Wasley GENERAL LAW: Stewart Martin, Hugh Potter HOMELESS SHELTER: Gavin Flynn, Jeff Holmes, Dustin Kinger HOUSING JUSTICE PROJECT: Tresa Cavanaugh, Marisha Childs, Ed Dawson, Phil Foster, Scott Matthews, Scott Staples HOME FORECLOSURE PROJECT: Peter Fels, Janie Wilson Statistics for APRIL DIRECT REPRESENTATION Mark Carter, Staney Horak, Rob Russell, Susan Stauffer, Todd Trierweiler, Erin Wasley YWCA SAFECHOICE DV CLINIC: Sidney Dolquist, Marlene Hansen, Jessica Hardy, Jeff Holmes, Katie McGinley Available for Consults Washington & Oregon Licensed Linda E. Frischmeyer ATTORNEY Over 25 Years Assisting to Achieve Employment Goals Respectful. Clear. Helpful. Wage payment Independent contractors Confidentiality Nonprofits Non-compete Performance Challenging behaviors Leave laws Disability accommodation Drug testing [email protected] 805 Broadway, Ste Vancouver, WA Conference Room available to rent The CCBA s office conference room is available for meetings and depositions at reasonable rates. Call Lisa at: CLARK COUNTY BAR ASSOCIATION

33 Clerk s Report SCOTT WEBER Clark County Clerk Beginning May 5th, 2014, the Clark County Clerk s Office will begin accepting e-filing from those attorneys who have registered and received a user ID and password. If you have already registered with District Court, you will not need to register with Superior Court. E-filing will not be mandatory in Superior Court. Only Group 4.TIF images will be accepted for e-filing ( NO PDF s). New Superior Court cases and other pleadings can be filed after the filing fee has been paid. The list of new cases that will be accepted by e-filing are listed at the end of this document. Contact Leah Aiman at ext to pay the filing fee. Payments can be made with a debit/credit card or you can send a check or money order. You may purchase a block of case numbers if you anticipate a large number of case filings. For purposes of e-filing, attorneys may sign their documents in the following manner s/john Attorney State Bar Number ABC Law Firm 123 South Fifth Avenue Seattle, WA Telephone: (206) Fax: (206) [email protected] Or you can sign and scan the document. GR 30 Electronic Filing Documents presented for filing during a court hearing or trial Documents of foreign governments under official seal Bench copies for the judicial office Bonds in probate and guardianship cases Documents for filing in an Aggravated Murder case Administrative Law Review (ALR) Petitions Interpleader or Surplus Funds Petitions Documents submitted for in camera review Affidavits for Writs of Garnishment and Writs of Execution Writs (that have to be issued by the Clerk) Letters of Testimentary Letters of Guardianship Letters of Administration 3rd Party Custody non parental E-Filing Instructions: Printing to TIFF Open PDFCreator Click on + icon to add a new profile. PLEASE NOTE THE TOTAL NUMBER OF PAGES PER PLEADING IN UPPER LEFT CORNER OF DOCUMENT. The electronic document will be considered filed when it is received by the clerk's designated computer during the clerk's business hours; otherwise the document is considered filed at the beginning of the next business day. A confirmation will be sent to the filing party along with a conformed copy of the document. Documents NOT accepted through e-filing at this time Foreign judgments Original wills and codicils, including new probate cases that include original wills or codicils Certified records of proceedings for purposes of appeal Negotiable instruments Bail bonds Name your profile HEARSAY - JUNE

34 Click on TIFF in the left column, then set Resolution to 300 dpi. Under Colors select 2 colors (Black/White) G4 fax encoding. 2. In the box New Printer Name type the name of the Printer Using the same name as the Profile you set above will make it easier when time to select a printer to print to. Type PrintToTif, click ADD PRINTER button. 3. Next to the Printer select the Profile you created called PrintToTif. 4. Click Save. Next click on Auto-save in the left column. Now open a Microsoft Word document, Click File Tab, then click Print. Under Printer select the PrintToTif Printer, then click Print button. 1. Check box for Use Auto-save 2. Auto-save format select TIFF 3. Filename Use one of the file name tokens to set a default filename printed tif image file. This can be date/time, or the name of the document or any of the other options listed in the drop-down. Shown above <DocumentFilename> is selected. 4. Click Save button Double-click the PDFCreator icon to open the PDFCreator print monitor. This is the icon to start up PDFCreator, it could be the shortcut on your desktop or shown under the All Programs list. Open the file folder that was set in the your Printer Profile as the location to save the TIF file, and verify that the TIF IMAGE FILE was printed. On the PDFCreator print monitor. Please note that in order to add image printers in PDFCreator you must have administrator privileges. Make sure you have administrator privileges 1. Under Printer, click on Printers If the document you wish to convert print to a TIF image is already in PDF format. Open the document. 1. Under File menu click Print. 2. In the Printer Dialog box under the Printer Name click the drop-down box and select the PrintToTif Printer. 34 CLARK COUNTY BAR ASSOCIATION

35 Clark County Courts Electronic Filing (CCCEF) User Registration Form Note: An authorized User ID for the Clark County Court Electronic Filing System will normally be issued in 1 week. If you are operating under time constraints, call the Clark County Superior Court at (360) and ask to speak with Nancy Campbell. 1. I am: a member of the Washington State Bar Association and in good standing. a representative of a State of Washington government agency. WSBA No: Agency Name: 2. I am providing information as a condition of registering as a Filing User of Clark County Court E-Filing System (CCCEF) and receiving my User ID and Password. The Primary Address below is the address at which conformed copies will be returned. First Name: Business/Firm Phone Number: Middle Initial: Firm Name: Last Name: Address (Up to 3) Address: City: State Zip Tel No. Fax No. 3. I understand and agree to the following: a. I will adhere to the rules governing Electronic Filing in the WA State Court Rules and any local rule or protocols promulgated by participating courts. b. I understand that each use of my password for filing documents with CCCEF constitutes my signature on the document being submitted. c. I understand that my filing agent is authorized to file documents on my behalf. d. I understand that providing any false information in this form may result in a revocation of my authorized User status. e. I will protect and secure the confidentiality of my password. If I have reason to believe that my password has been compromised, I will notify CCCEF representative immediately. f. I will inform the court and CCCEF agent of any change in my employment affiliation. g. I will also inform the CCCEF agent of any change of information contained in this form. Signature Date HEARSAY - JUNE

36 NEWS YOU CAN USE LISA DARCO CCBA Office Manager ATTORNEY BOOKKEEPING TIPS EMANUELA SANDRI Attorney Bookkeeping Services, Inc. Attorneys! Please utilize the Lawyer Referral Service phone number, (360) and NOT the CCBA office phone number for any and all attorney referrals. For those of you unfamiliar with the service, the Southwest Washington Lawyer Referral Service offers reduced cost consultations to those in search of an attorney. The CCBA office does not give any legal advice or attorney referrals. The CCBA website is also an excellent place to direct people who are in search of an attorney. They can search by practice area as well as location. All CCBA members are searchable. QUICKBOOKS KEYBOARD SHORTCUTS FOR DATES In date fields, press the key for the symbol shown to quickly enter the date you want: New Addresses: Jeffrey Courser Stoel Rives LLP 900 SW Fifth Avenue, Suite 2600 Portland OR Phone: (503) Fax: (503) Emily Sheldrick Clark County Prosecutor's Office 1300 Franklin St Vancouver, WA Phone: (360) Fax: (360) Laura Mancuso Johnson & Associates Law Offices, PC 203 South East Park Plaza Drive, Suite 200 Vancouver, WA, Phone: Fax: CLARK COUNTY BAR ASSOCIATION

37 Short on CLE credits? Did you know the Clark County Bar Association now offers pre-recorded CLE credit for several of our most popular CLE s? Earn credit at your leisure at the office over your lunch break, or at home in your pajamas! Choose from these three CLEs: Breakin All the Rules: A Case Study 3 Ethics Credits $105 CCBA Members / $135 Non-Members Presented by: Rick McLeod & Kurt Rylander In the technical press, the name Prenda Law conjures images of the legal profession at its worst. Prenda (and persons associated with it) have been sanctioned by various courts due to its practices, and more sanctions are pending. In some cases, Prenda s local counsel (often newly minted attorneys) have barely escaped with law licenses intact. While Prenda may not have broken every single RPC, it ran roughshod over the legal systems in several states before one federal judge became convinced that Prenda had made the court a patsy of Prenda s fraudulent enterprise. This case study recounts some of the worst abuses that have been adjudicated on the facts that led to Prenda s lawyers being referred to the Dept. of Justice, the IRS, and state bar associations across the country. The Implications of Legalizing Marijuana: All You Need to Know 3 General Credits & 1 Ethics Credit (4 Credits total) $140 CCBA Members / $180 Non-members Presented by: Hon. Richard Melnick, Dr. Jennifer Souders, Police Sergeant Tim Wilson, and attorneys Eric Hoffman, Andrew Wheeler, & Jeff Ott Hour 1: Dr. Jennifer Souders discusses some of the issues and concerns that were present in the development of Washington s efforts to legalize marijuana usage. Hour 2: Trained Drug Recognition Expert (DRE) Battle Ground Police Sergeant Tim Wilson demonstrates and comments upon the proper testing procedures for the Washington State Standardized DRE evaluations. Vancouver DUI defense attorney Andrew Wheeler addresses some of the major changes that I-502 brought into the world of DUI defense. Hour 3: Jeff Ott examines the federal government s powers of legislation over the states in regards to marijuana laws and how it has responded through coercive action and AG enforcement. Hour 4: Ethics Panel Discussion led by Hon. Richard Melnick, Eric Hoffman & Jeff Ott Settlement Guardian Ad Litem Training 5.25 General Credits $130 CCBA Members / $185 Non-members Presented by: Erin Dunn, Evan Hull, Margaret Phelan, Hon. Robert Lewis, Jeff Jacobs, Grant Gehrmann, Loren Etengoff, Doug Foley SGALs fill an important and highly specialized niche that many attorneys have never heard of. Under the CCBA s new program, a list of qualified SGALs will be created and distributed to courts. This mandatory CLE is required for any attorney who wishes to be included on the list. To enjoy any of these CLEs, simply call the CCBA office to make payment and receive your link and activity ID HEARSAY - JUNE

38 UPCOMING EVENTS CLE June 23, 2014 Brown Bag CLE - Military Law Public Service Center - Noon - 1:00pm CLE June 26, 2014 Young Lawyers Section CLE 4:30pm MEETING July 2, 2014 CCBA Board Meeting CCBA Office - Noon MEETING June 17, 2014 Hearsay Committee Meeting CCBA Office - Noon SOCIAL July 18, 2014 CCBA BBQ Public Service Center Plaza - Noon SW WASHINGTON LAWYER REFERRAL SERVICE The CCBA s Lawyer Referral Service is a program designed to help the general public find attorneys appropriate for their needs, while at the same time providing a source of new client business exclusively to our members. To participate, members pay a small one-time annual fee. (The service is free to the public.) For more information, call the CCBA at THE SWLRS REFERRED 176 CLIENTS IN THE MONTH OF MAY Administrative Law...10 Bankruptcy...2 Business & Corp...1 Consumer...13 Criminal...8 Debtor/Creditor...9 Family Law...35 General Litigation...37 Labor & Employment...7 Real Property...27 Wills & Trusts...22 Worker s Comp...4 ADA CLARK COUNTY BAR ASSOCIATION

39 2014 CCBA OFFICERS & TRUSTEES PRESIDENT Jane Clark (360) VICE PRESIDENT Arin Dunn (360) SECRETARY Rick McLeod TREASURER J.D. Nellor (360) IMMEDIATE PAST PRESIDENT John Fairgrieve (360) TRUSTEE Jill Sasser (360) TRUSTEE Laura Mancuso (360) TRUSTEE Gideon Caron VLP REPRESENTATIVE Le Ann Larson (360) OFFICE MANAGER Lisa Darco (360) MEMBER SERVICES Paula DeLano (360) Representing Injured Workers on Their Washington Claims Busick Hamrick, PLLC Your Local Source for Lawyers Professional Liability Phone Fax Steven L. Busick Frances R. Hamrick Douglas M. Palmer (360) Washington Street Vancouver, WA 98660

40 CLARK COUNTY BAR ASSOCIATION 500 W. 8th Street, Suite 65 Vancouver, WA PRSRT STD U.S. POSTAGE PAID VANCOUVER, WA PERMIT NO. 620 Advertise in HEARSAY Does your business cater to the legal industry? Get targeted exposure to CCBA members and associates! Reserve your ad space today! Call