1 OREGON TRIAL LAWYERS ASSOCIATION In the Service of Justice June/July Welcome New/Returning OTLA Attorney Members Courtney Angeli Kurt Bendixsen Samuel Burton Jesse Buss Curtis Caldwell Carl Cramer Daniel Cuppett Gilion Dumas Sara Ghafouri Ryan Hackett Randy Harvey Holly Johnston Michael Love Amber Miller David Mitchell Erin Morris Andrew Nissen James Oliver Todd Peck Matthew Price Nathan Sosa Scott Staples Jacqueline Swanson Jessica Swinford Jason Wright Legal Staff Evylyn Brown Linda Elzinga Jennifer Gabler Frances Garcia Carolyn Jones Candi McFee Laura Meas Marge Moore Mindijo Randall Rebecca Smith Jenny Sencer Mindy Woodworth 2014 Distinguished Trial Lawyer - Kelly Andersen The Consummate Southern Oregon Gentleman Lawyer Kelly Andersen is a lawyer who best embodies the character of Atticus Finch from To Kill A Mockingbird so say his peers who revere and respect the impeccably ethical gentleman lawyer from southern Oregon. Beyond his tireless advocacy for his clients over the past 30 years, Andersen is highly regarded for his stellar professionalism by both the plaintiff and defense bar alike. His reputation elevates the image of the practice of law as a whole. Like his favorite literary character Don Quixote, Andersen is known for his chivalric code. Andersen has handled hundreds of cases and tried over ten jury trials to verdict against insurance defense lawyer Bernard Moore who says of Andersen, Above all Kelly is resolution oriented. All trial lawyers have egos. Not once have I seen Kelly let ego or personality get in the way of his clients best interest. If I or any member of my family ever had the need for a personal injury attorney, it would be Kelly. High praise from a worthy opponent. Andersen grew up on a ranch in Utah, driving tractors and herding cattle on horseback, yet at the age of 12 he knew he would become an attorney. All it took to shake the core of the mischievous 8th grader was a special teacher who pulled him aside and told him of his limitless potential. Andersen believed him -- and in that one simple moment, his life was forever changed. He began devouring books and, to this day, that appetite remains insatiable. Andersen voraciously BE A HERO! STEP UP. Become an OTLA Convention Sponsor. Help new lawyers attend for a fraction of the regular tuition cost. Many levels to choose from. -OR- Buy a $300 1/2 page Syllabus Ad & Rotating Slide to congratulate Award Winners Distinguished Trial Lawyer Kelly Andersen. fills his mind with books on the art of trial advocacy and anything that might improve his skills in the courtroom. He then shares that knowledge with his fellow lawyers, expecting nothing in return except the hope that his imparted wisdom might somehow help one more injured person get justice. I have the highest opinion of Kelly s trial skills and unwavering integrity and honesty, says former Circuit Court Judge Daniel Harris. He not only enjoys a reputation as being the consummate professional but also is willing to reach out to those in most need DISTINGUISHED TRIAL LAWYER continues on page 2 Please contact Amy Anderson at or for more details. Thank You!
2 2 SIDEBAR June/July 2014 DISTINGUISHED TRIAL LAWYER continued from page 1 of representation under very difficult circumstances. One of those circumstances found its way to Andersen by way of Rulon vs. Hoffman and Hoffman Hart and Wagner in Despite much peer opinion that the case could not be won, Andersen took on the herculean task of clearing a doctor s name while proving attorney misconduct against a Goliath of the legal community. Before the trial, Kelly and I talked on a number of occasions about the case. I told Kelly I felt the case was a loser. Kelly patiently listened to me and, thankfully, ignored my advice, says past OTLA Board Member and Medford colleague Mike Brian. Kelly used to come watch me try cases. Now I go watch Kelly. Andersen won that legal malpractice case for the full prayer amount, proving once again his persistent courage in seeking justice. Those who watched the proceedings were equally impressed with his superior technology skills utilized during the trial. Don t let the white hair fool you, Andersen is sharp as a tack when it comes to embracing the digital age and the ever-changing impact it has on persuading a jury. With the deftness more likely reserved for much younger generations, Andersen is sought-out for his revolutionized use of ipad technology in the courtroom. The razzle dazzle aside, when Andersen is asked what case makes him most proud, he cites a civil case representing a homecoming queen who had been raped by a 40 year old farmer. By small and simple means are great things brought to pass. The perpetrator had been acquitted by a criminal jury, who bought his defense that she consented. His client was adamant about seeking justice and clearing her good name. Andersen poured through the DA s file and with his keen attention to detail, found critical facts that were missing from evidence. His dogged determination in proving the truth allowed his client to begin the healing process she so deserved. Andersen graduated from Brigham Young University School of Law at Provo in 1979 and went on to receive advanced training from the National College of Advocacy at Stanford and Harvard Universities. Kelly Andersen on one of his many mountain summits. He has lived in Southern Oregon since graduating law school, with his six children and four grandchildren. Andersen s true gift is his natural inclination to help people in need. For several decades he has been involved in helping youth through the Boy Scouts of America program. It s fitting that Andersen s personal motto is: By small and simple means are great things brought to pass. He doesn t just figuratively move mountains in measured steps, he literally climbs them. Summiting the likes of Kilimanjaro, Mt. Shasta (seven times!), Mt. Rainer, Mt. Whitney all those who love this exceptional man can t wait to see what heights he reaches next. THE MONTHLY PUBLICATION OF THE OREGON TRIAL LAWYERS ASSOCIATION June/July 2014 Sidebar is published by the Oregon Trial Lawyers Association and is distributed as a member benefit. Sidebar informs members about OTLA activities and current events across Oregon, the region and the nation. Reproduction of any material that appears in this publication without permission is prohibited. All text and photos are the work of OTLA staff unless otherwise noted. For editorial and content questions or comments, please contact Amy Anderson at or Sidebar is printed on recycled paper, 30% post-consumer content, by Morel Ink, an Oregon union printer. 319 SW Washington St., Suite 607 Portland, OR Phone: Fax: Executive Director: Beth Bernard Communications Director: Amy Anderson Development Director: Randi Besser Education/Membership Director: Patri Thompson
3 June/July 2014 SIDEBAR Arthur H. Bryant Public Justice Award The Dream Team - Fighting the Good Fight Our 2014 Public Justice Award winning Dream Team came together to fight for the rights of all Oregon consumers, fearlessly facing down well-armed and super-funded opposition, in the courts and the legislature. First came the legal arm of the team led by the brilliant David Sugerman, ably backed by Tim Quenelle and Amy Johnson. They boldly took BP West Coast Products to task for violating the Unlawful Trade Practices Act. Together they successfully proved to a Multnomah County jury that BP recklessly gouged some 2.9 million consumers at the pump by illegally collecting debit card fees. BP also mysteriously lost the transaction records of roughly two-thirds of the consumers defrauded by the oil giant. After securing the class action verdict, Sugerman s legal team joined forces with the legislative Dream Team of State Representatives Tobias Read and Jennifer Williamson, to continue to push the fight for justice in Salem. Read and Williamson took the lead on House Bill 4143, a bill that would have forced wrongdoers in class actions to pay the entire verdict or settlement like almost all other states require. Under current law, money unclaimed by those harmed in a class action is returned to the defendant who has been found guilty of intentionally defrauding Oregonians. This bill would have directed those unclaimed funds to Legal Aid to help fund cases for thousands of victims of domestic violence, the elderly and disadvantaged citizens in landlordtenant disputes. The best bill of the 2014 Legislature, wrote Oregonian columnist Steve Duin in March. Do Oregon Republicans cash those fat checks from Big Oil at Umpqua Bank or Wells Fargo? he went on to ask. The bill rang alarm bells at the Capitol, raising the ire of corporate lawyers and lobbyists who showed up in full-force to stop the Representatives Williamson and Read at the OTLA Board Meeting in April. David Sugerman Tim Quenelle Amy Johnson bill. But with Read and Williamson skillfully explaining the bill in the press, all over social media, in committee and on the House floor, this common-sense bill gained attention for the powerful special interests opposing it. Political insiders estimated nearly 50 lobbyists were hired by BP to kill the bill. This was high-stakes politics at its worst. The scales of justice were being tipped by deep pockets. The efforts of Mr. Sugerman and this team to not only punish BP for defrauding Oregonians, but also to keep money obtained by defrauding consumers from returning to the coffers of a business perpetrating fraud, instead of using those funds to benefit Oregonians, represents both creative and innovative work to create a more just society, noted 2013 Public Justice award winner Richard Lane. In the end, the bill was defeated in the Oregon Senate on a vote. Read and Williamson vow to continue introducing this Cy Pres bill until it passes. Back in the courtroom, Sugerman, Quenelle and Johnson continue to carry the torch for Oregon consumers against BP as the oil conglomerate climbs the appellate ladder, papering our legal dream team to death every step of the way. They are on a mission to locate as many defrauded consumers as possible. Judge LaBarre recently ruled that BP must pay the banks' costs associated with finding class members. For the incredible courage both in the courts and in the legislature, we honor this entire consumer Dream Team for standing united and fighting the good fight for justice. Next stop the 2015 session.
4 4 SIDEBAR June/July 2014 OTLA ANNUAL CONVENTION Thank You to Our Convention Salishan Resort Sponsors Gleneden Beach, OR $1,500 and above August 14-16, 2014 Neil and Maria Jackson Law Offices of Jodie Anne Phillips Polich ROSENTHAL GREENE & DEVLIN, P.C. Elden M. Rosenthal - Michael A. Greene - John T. Devlin Attorneys at Law Wine Sponsor: V I N E Y A R D RUBY only - Borderless Color Logo RUBY with VINEYARD - Borderless Color Logo Stephen Hendricks Beer Sponsor: V I N E Y A R D Brian Whitehead NOTES ON LOGOS: These logos are designed to be used without borders. The burgundy color can extend as far as needed above the logo type and mountain outline. The purple color can extend as far as needed below the logo type and mountain outline. Both colors can also extend as far as needed to the left and right of the logo type. The gold mountain outline should extend left and right as a straight line from the end of the descending mountain sides at left and right. Extending the logo to the left and right significantly can begin to alter the logo s appearance. The mountain line s thickness must remain proportional to the size of the logo type. Fighting The Tide Convention Registration Fees Convention Update August is Coming Right Up! Member CLE Registration Fees Includes: CLE credits/education programs, weblink to seminar materials, continental breakfast, coffee breaks and one admittance to the Welcome Reception. A re you registered for this year s annual convention at the stunning Salishan Resort and Spa? It s the perfect backdrop for our convention theme of Fighting the Tide. With 10.5 CLE credits expected, 3 days Regular Attorney Member...$529 $ New Lawyer Member ( bar numbers), of networking Legal and Staff/Law social Student events, Member...$199 family activities $ and more, there is something for Printed everyone! Materials (seminar materials free via weblink)... $50 $ The CLE Total programming Member Registration this Fees year... is top-notch. $ Thursday s presentations are Member a series Events of panels on emerging topics: we have former claims adjusters, Please former mark box defense to confirm attendance. counsel, tips on how to use experts effectively and on the economics Welcome Reception of... small cases. Thursday s panelists FREE include the Women s Caucus Reception (Women s Caucus Members only)...free likes of Jose Cienfuegos, Jim Nelson, Laurie Zwingli, Pete Dethlefs, Jeff Awards Lunch... $50 $ Krow, Melissa New Bobadilla, Lawyer Social & Poker Ben Tournament Cox, Miranda Summer, Hala Gores, Steve Milla, Cynthia (Free for Newton, new lawyers Charese bar numbers) Rohny...$25 and Tim $ Williams. It s truly an all-star lineup. Guardians Friday s Reception presentations (Guardians & guests only)...free feature Penny White, the Director Minority Caucus Reception...FREE of the Center for Advocacy and Dispute Resolution at the University of Saturday Night Party... $50 $ Tennessee College of Law and an Appellate Year in Review with Justice Total Member Event Fees... $ OTLA Dick Baldwin and Judge ANNUAL Jim Egan. Saturday s programs include a second stellar presentation by Penny White and presentations by OTLA Guest and Child Events Stalwarts Paid and pre-registration Past Presidents required. Children age Roy 15 or Dwyer under qualify and for child Bill Gaylord. A theatrical presentation rates. Please entitled mark the events Oliver guests Wendell are attending and Holmes indicate number and of John Marshall Harlan attendees. will round out the day. Welcome Reception... $50 adult / $20 child..$ Convention New is Lawyer always Social & a Poker family-friendly... $25 adults only event. This year, the Welcome...$ CONVENTION Reception Awards will Lunch be... held at the Oregon $50 adults only Coast...$ Aquarium in Newport. Aquarium volunteer Guardians Reception interpreters (Guardians & will adult guests be only)... hand FREE to staff the interactive exhibits during the Minority Caucus Reception (adult guests only)... FREE Saturday Night Party... $50 adult / $25 child..$ reception. Plus, kids 6 and Total Guest Event Fees...$ older will have the option of Childcare for the Kids sleeping over in the Shark Are you interested in babysitting for children 5 and under during CLE programming? Tunnels after the reception Are you interested in activities for children 6 and older including aquarium, (advanced glass registration for blowing and tours? the sleepover is required). Other child-friendly activities include glass-blowing, Recreational Events Please check box if attending and indicate number of attendees. swimming, mini-golf, Fun Run... arts and crafts and the Saturday FREE Night party! The Salishan Resort Gleneden Beach, OR Saturday Night Basketball party Tournament will be... pirate-themed $25...$ with games, a talent show, Tennis Matches... $25...$ limbo, dancing, prizes and fun for all-ages. Bring your family and come Yoga Friday Saturday... $10 each...$ prepared to shake your booty. (Get it?! Booty. Like pirate s booty. Ha!) Golf Tournament... $100...$ Truffle-Making Class... $25...$ A full convention schedule and registration is available online at Total Recreational Event Fees...$ August 14-16, TOTAL FEES... $ Please return registration form no later than July 11th. It is recommedned that only an experienced designer make these adjustments. CLIENT: Ruby Vineyard DATE PROJECT: Logo Study - RUBY only ROUND: 2
5 June/July 2014 SIDEBAR 5 Convention Registration Form HAVE SOMETHING TO SAY... SYLLABUS ADVERTISING WITH ROTATING POWER or sign up online POINT at SLIDES ARE AVAILABLE AT CONVENTION! Member Name Advertise your Firm or Business in the Convention Syllabus Spouse/Guest and on Rotating Slides during convention program! -OR- Send a personalized Children s Names & Ages congratulations message on a power point slide to the 2014 Award Winners: Kelly Andersen (Distinguished Trial Lawyer) David Sugerman, Tim Quenelle, Payment Options Amy Johnson, Representatives Jennifer Williamson Check enclosed and Tobias Read (Public Justice) Visa Mastercard American Express Chris Frost Card Number (Doug Swanson Workers Compensation Award) Expiration Date Billing Zip Code Signature RATE FOR ½ PAGE AD IN SYLLABUS Please return registration form no later than July 11th. - WITH A ROTATING SLIDE - $300 For a firm or business Mail ½ page checks ad payable or ½ page to: tribute message to award winners Congratulations messages OTLA will also run before and after the Awards Lunch. Paid ads will run 319 on SW screen Washington during St., Ste. breaks 607 in convention program. Portland, OR or fax to: All ads must be camera ready either in Pdf, Tiff or Jpeg formats. Cancellation Policy Registration includes electronic syllabus, educational program and free admission to the Welcome Reception. Syllabus not guaranteed for at-thedoor registrants. Substitution of speakers may be necessary. Refunds will be given, less a $50 Friday, July 25th processing fee, to registrants who cancel prior to July 11th. Those cancelling after that time will not receive a refund, but will be sent an electronic course syllabus. Registration is transferable only to another OTLA member. Questions? Contact Patri Thompson at or All Ads must be received no later than 5:00pm on To purchase an ad Amy Anderson: $1,000 level Thank You to Our Convention Sponsors AAJ Kelly L. Andersen PC Law Office of Robert Beatty-Walters Law Offices of Patrick L. Block Michael H. Bloom PC Corson & Johnson Keith Dozier Dwyer Williams Potter Attorneys LLP Gaylord Eyerman Bradley PC Hala J. Gores PC Hallman Law Office Heiling Dwyer Jensen Elmore & Stupasky Moore & Jensen Nelson MacNeil & Rayfield Trial Attorneys Nichols and Associates NW Injury Law Center Don Jacobs Paulson Coletti Trial Attorneys Pickett Dummigan LLP Stoll Berne David F. Sugerman Attorney PC Williams O Leary LLC Wise & Associates $750 level Wendy Votroubek - RN, MPH, CLNC $500 level Rogue Law Firm Richard Adams Berkshire Ginsberg LLC Mark R. Bocci Kathryn H. Clarke AAL Haglund Kelley LLP Kline Law Offices PC Stephen V. Piucci Trial Lawyer $250 level Benjamin Cox LLC Sonya Fischer PC Posner Law Firm LLC Preston Bunnell & Flynn Bonnie Richardson and Beth Creighton Charese Rohny Law Office LLC Robert K. Udziela Attorney at Law Zeuthen & Baron Ronn Elzinga & Associates
6 6 SIDEBAR June/July 2014 Guardians Spotlight Patrick Block Never Sleeps Father of five, part-time farmer and sole practitioner Guardian Patrick Block certainly doesn t need any more helpings added to his full plate. Yet month after month he dedicates his time and energy to help OTLA. He rolls up his sleeves to create high quality education programs for our members. Block currently co-chairs the Professional Negligence Patrick Block Section with Past President Stephen Hendricks while also serving on the Education Committee. His most recent triumph was organizing last month s Basics of a Medical Malpractice Case CLE with Guardian Judy Snyder, procuring a Who s Who list of speakers for a full-day, A-to-Z course on med mal. In April, he volunteered his time and expertise presenting a Litigator Lunch program on the Basics of Depositions. Time and expertise aren t all he gives Block also contributes to the Guardians program at the highest Stalwart level, doing his part to make sure justice is protected for all injured people at the legislative level by electing pro-civil justice legislators. Block is a native Oregonian, born in Corvallis and raised in Portland. He received his undergraduate degree in political science from the University of Oregon in He graduated from Northwestern School of Law at Lewis & Clark College in 1992, where he served as an associate editor of the Law Review and earned the American Jurisprudence Award for legal writing. After a long run as partner with Rich Rogers at Rogers and Block LLP, Block hung out his own shingle in 2012 focusing exclusively on medical malpractice including claims against hospitals, physicians, nurses, nursing homes and assisted living facilities. With over 20 years experience representing severely injured victims, Block is proud to carefully limit the number of cases he takes to provide the highest level of dedication to each person he serves. We honor him this month for his devotion to his clients and our organization. In the words of Patrick Block: The best thing about my job is: Having the flexibility that allows me and my staff to exercise almost every day at work. I have an extremely loyal staff of two, Karli (my wife) and Dana. They always make sure our work is done no matter how late in the evening we have to stay at the office or what crazy hours we have to keep during a trial. The hardest thing about my job is: Telling people that I can t help them. What I do in my job is: The only thing I do is represent victims of medical negligence. Growing up I thought I would become: An architect. Why I did/didn t (see above): When I was 18, I got into some legal trouble. My dad hired a lawyer who told him that I should plead guilty because the legal fees would be more than the penalty. He didn't seem to care that I wasn't guilty. I plead guilty because I was 18 and that was what I was told to do. After that day, I decided to become a lawyer so that no one could ever do that to me again. Why I give to the Guardians of Civil Justice program: I give to the Guardians program for two reasons. First, it is the right thing to protect everyone s access to justice including me and my family. Second, I give for self-preservation of both my clients and myself. Without all of the tremendous lobbying efforts of OTLA, the State of Oregon would have long ago placed draconian caps on medical negligence cases making it impossible to concentrate my practice on those cases. What I d like colleagues to know about OTLA is: OTLA is an incredible resource for sole practitioners like me. It gives us a chance to get feedback from likeminded lawyers when you don t have other lawyers in your office to bounce ideas off. There s more to life than my job. My favorite activities are: I love to climb mountains, bike and run. I ve climbed most of the Cascades, some many times. I ve run the Hood to Coast Relay 16 times and have ridden the Seattle to Portland bike ride twice. I bike and run with my wife, which gives us individual time to spend together when we are not taking care of our five energetic children or working. I knew I was grown up when: I m still not grown up. I ve always wanted to: Sail to Hawaii. Patrick Block with wife Karli and their five children.
7 June/July 2014 SIDEBAR 7 My best subjects in high school were: I was a poor student in high school. But, my best subjects were math and writing classes. The classes in law school I dreaded were: Corporations and commercial law. I found them utterly boring. I liked torts and criminal law. My first job was: Working in the berry fields of Gresham. Most influential person in my life: My mother. She came of age in the 1960's and is a diehard liberal to this day. She taught me to always question authority. She continually told me that in this country, we have individual rights that no one can take away from us and she inspired me to want to fight for the under-privileged against the establishment. Advice you would give a new lawyer: Believe in yourself. You have the law on your side. No matter what some older lawyer says about how much experience he or she has or how much he or she knows about the law, your position is right and don t back down. Not many people know that I am: A part-time farmer. I raise chickens, turkeys and pigs. What I appreciate most among my friends: I have seven friends from high school, most of whom I still see or talk to on a weekly basis. They all live within a few miles of my house. They are loyal to the core and have helped me through every troubled time I have had in my life. I appreciate their absolute and complete loyalty to me just as I have to them. My motto: In the words of Ken Kesey, Live in the now. Karli and Patrick Block with legal assistant Dana Barden.
8 8 SIDEBAR June/July 2014 Dick Adams Guardian and Board member Dick Adams is celebrating his 60th birthday by going solo as The Rogue Law Firm. He will remain of counsel at his old firm, now known as Davis Freudenberg Day & Galli, where he spent 33 years representing injured people. Adams will continue his concentration in plaintiff s personal injury, workers compensation and general civil litigation. He can be reached at or o In October 2013, Guardian and OTLA 2011 Public Justice Award winner Lake Perriguey filed a lawsuit alleging that Oregon s statutory marriage laws referring to husband and wife and the constitutional provision limiting marriage to one man and one woman at a time were unconstitutional. In July 2013, after Windsor and Hollingsworth opinions at the US Supreme Court, Perriguey began looking for plaintiffs. The prevailing Lake Perriguey Once Around: News about OTLA Members wisdom of local and national gay and lesbian civil rights groups was to put the issue to a popular vote. Oregonians have voted on more than 30 civil rights measures over the years. Perriguey disagreed with that strategy. He bucked the establishment and the establishment soon began following Perriguey, filing a duplicative case. On May 19, 2014, Judge Michael McShane ruled that Oregon s exclusionary marriage laws discriminate against gay and lesbian people in violation of the 14th Amendment s guarantee of equal protection. For the first time in Oregon history, gay and lesbian Oregonians are equal under the law. Perriguey can be reached at or o Guardian Marilyn Heiken has rejoined Johnson Johnson & Schaller as an associate with the firm's litigation team. Her practice will focus on civil litigation with an emphasis on medical negligence, wrongful death and personal injury. Heiken has more than 20 years of experience handling a variety of personal injury cases. She has been an editor and author for the Oregon State Bar's Torts CLE since She also serves on the OTLA Publications Marilyn Heiken Committee. After graduating from the University of Oregon School of Law, she clerked for Lane County Circuit Judge Pierre Van Rysselberghe from 1992 to 1993 and started working with the firm in Outside of work, Heiken is a watercolor painter, metalsmith and frequent hiker with her family and two dogs. She can be reached at or justicelawyers.com. o Guardian Jen Coughlin and her husband Scott welcomed their son Jackson David Lauray into the world on March 7, weighing 7 lb 5 oz. He was born 70 years, to the day, after her father David Coughlin (also an OTLA member). They share Jen Coughlin with husband Scott and Son, Jackson a very special birthday. All are healthy and happy in Bend. Coughlin can be reached at or brotherslaw.com. o After many years with the Schwabe Williamson firm, OTLA Guardian Jan Kitchel has joined Cable Huston. He is excited for the transition from a big firm into a much smaller, boutique practice. He will continue to emphasize plaintiffs' injury and wrongful death cases. Kitchel also handles estate/ trust litigation and elder abuse suits for and Jan Kitchel against trustees. He can be reached at Cable Huston, 1001 SW 5th, Ste 2000, Portland, OR 97204, ph: or ONCE AROUND continues on page 9 Got News? Please send your announcements with a photo to Amy Anderson via at
9 ONCE AROUND continued from page 8 o Johnson Johnson & Schaller welcome their newest attorney, Guardian Meredith Holley, to their litigation team. Her practice will focus on employment discrimination, personal injury, medical negligence and product defects. Before joining the firm, Holley clerked for Judges Ilisa Rooke-Ley and Suzanne Chanti at Lane County Meredith Holley Circuit Court. An Oregon native, Holley graduated from the University of Oregon School of Law in 2012, where she was a Child Advocacy Project Fellow, Frohnmayer Scholar, Janssen Scholar, constitutional law tutor and Executive Editor of the Oregon Law Review. Before law school, Holley was a Peace Corps volunteer in Lozova, Kharkovska Oblast, Ukraine. Outside of work, she enjoys hiking, reading Brooks Cooper books by Willa Cather and watching Mia Farrow movies. She can be reached at or justicelawyers.com. o After being solo for seven years, Guardian Brooks Cooper has joined the Lake Oswego firm of Draneas & Huglin PC as an associate. He is still happy to answer questions on the OTLA listserv and privately about probate matters and issues. He will still be honored to handle minor conservatorship matters, probates (wrongful death and regular) and the contested matters such as wills, trust disputes and guardianships. He can now be reached at Draneas & Hughlin PC, 4949 Meadows Rd., Ste 400, Lake Oswego, OR 97035, ph: or June/July 2014 SIDEBAR 9 o Phillip C. Gilbert & Associates is pleased to announce that Jim Oliver has joined their Gresham firm as a new associate. Oliver will be handling personal injury matters including automobile, truck, motorcycle, pedestrian and bicycle accidents, medical malpractice (physicians, clinics, hospitals), wrongful death and insurance Jim Oliver disputes. He will also handle various business litigation issues including first-party insurance disputes for homeowners and small businesses. He will continue to serve as an arbitrator and mediator. Oliver can be reached at or earthlink.net.
10 10 SIDEBAR June/July 2014 Look Who s New at OTLA Welcome Summer Intern Yasmine Genena Genena volunteering to provide healthy food for under served communities in Boise. Hello OTLA members, My name is Yasmine Genena and I am the new OTLA summer intern. I am a junior International Studies student at Willamette University and am extremely excited to be joining the OTLA team. As a part of the planning team for Family Weekend at Willamette University, I learned how much I enjoy organizing events. I am looking forward to assisting with all that is convention! During my spring break, I traveled to Boise with a group of 12 Willamette students to volunteer with several non-profit organizations who are providing equal access to healthy food options Yasmine Genena for underserved communities. This sparked my interest in cause-related work, as I truly enjoyed engaging with community members benefitting from these services. I am excited for this opportunity to learn more about non-profit management, experience working in a professional setting and getting to know OTLA members. I am not sure what I want to do when I grow up but I have no doubt that this internship will help me get one step closer to figuring that out. I hope to see you and your family at Convention! GOLD ANNUAL SPONSOR Welcome New GOLD ANNUAL SPONSOR LexisNexis! Megan Tower-Humphrey Territory Manager-LexisNexis Small Law/State & Local Government Mobile Lexis Customer Service Please be sure to say THANK YOU to Megan at the OTLA annual convention at Salishan!
11 2014 Doug Swanson Workers Compensation Award Chris Frost Honored for Excellence The Doug Swanson Outstanding Workers Compensation Attorney Award honors the late Doug Swanson. This award is only presented when an OTLA member has exhibited the qualities and values that Swanson personified throughout his life. He is remembered for his unyielding devotion to Oregon s workers, the fellowship and dedication he brought to the Workers Comp section and his unwavering commitment and passion to injured workers. On this 10th Anniversary of Swanson's death, the comp section is recognizing Chris Frost with the Doug Swanson Workers Compensation Award. Frost inspires other attorneys to be better through her can-do attitude. Art Stevens, the 2010 Doug Swanson Award recipient, states that Frost encourages everyone not to have fear of this messy system and to keep up the fight. Stevens gives Frost many accolades, specifically in the Nancy Ferguson case, which resulted in a new/ omitted Own Motion Permanent Total Disability ruling. He reports that Frost s work on this case occurred under the radar without the fanfare that such accomplishment deserves, as this is a very rare and impressive piece of lawyering. In the face of insurance companies who attempt to shortchange injured workers, Frost says, I ve always rooted for the underdog. I cannot stand injustice. I love being on the side of David rather than Goliath. Frost s encouraging attitude is enhanced by her strong work ethic and sense of duty. Frost, who held a variety of jobs in her life including waitress, hummingbird feeder assembly and grocery clerk began her legal career with Peter Hansen doing personal injury and workers compensation law. From 1997 to 2001, she took time off from practicing law to become a community organizer around Fair Trade and healthcare issues. She then served as a staff attorney for the Workers Compensation Board. In 2008, Frost joined the firm Swanson, Thomas, Coon & Newton because of its tradition of excellent legal work and community activism. She states, Doug Swanson built one of the best Workers Compensation practices in the state and I wanted to make sure it continued. I would not have returned to being a claimants attorney anywhere else. Frost recalls her first real law job with fellow OTLA member Hansen. She was hired to work on a complex 3rd party case where a millright had been severely burned over ¾ of his body at a nickel smelter. She cut her teeth on this case and learned so much about both the comp system and third party personal injury cases. Frost admits that, I have lost count of the many injured workers who have touched me with their ability to continue on in the face of chronic pain, financial ruin and injustice from a system that has moved so far from its roots of helping people get better and back to work. Frost shows great humility and grace when speaking about her clients. She finds reward in helping people through one of the hardest times in their lives, as they struggle with medical issues and Swanson Award Winner Chris Frost June/July 2014 SIDEBAR 11 perhaps the loss of life-long careers. Frost not only fights for the claimants she represents but also to improve the system for claimants and workers compensation lawyers alike. She serves as co-chair of the OTLA Workers Compensation Policy Group and as an Executive Committee member of the Workers Compensation Section of the Oregon State Bar. She has worked tirelessly to benefit the practice of Workers Compensation by overseeing the attorney fee legislative changes the section hopes to achieve, reports Stevens. Perhaps the most telling example of the kind of attorney and person Frost is comes from her own reaction to receiving this award. She states, I am deeply honored that the prior recipients of the award, each remarkable in their own right, consider my efforts worthy of this award. But truly, I feel this award was given not only to me, but also to the firm that still carries Doug s name. Without Swanson, Thomas, Coon & Newton s continued commitment to its tradition of helping injured workers and the support/resources they have provided to me, I could not have done the work the award recognizes. She continually touts a claimant s strength and grace above her own and recognizes the support of her firm and colleagues as integral to her practice. Become A Guardian! Judge Douglas Beckman, Guardians Dana Sullivan and John Coletti at the 2012 Litigator Lunch on Closing. Join The Guardians of Civil Justice today. Call Randi Besser at
12 12 SIDEBAR June/July 2014 OTLA Bike Helmet Program In Need of Volunteers Last year s Bike Helmet program, spear-headed by Past President Hala Gores, was a great success. Partnering with Legacy Emanuel Trauma Nurses fitting underserved kids with OTLA donated bike helmets provided our volunteer members with an invaluable way of giving back to the community. We are once again calling on OTLA members to step-up to work side by side with Gores and Legacy Trauma Nurses Talk Tough leader Mike Morrison in this campaign of good will and service by supplying our neighborhood kids with safe bike helmets. We now need YOU to help spread our message of safety and seize this unique opportunity to work with medical professionals keeping our bike riding kids safe. This is an important community outreach program that only works if OTLA members donate and participate! It has been wonderful working in partnership with Oregon Trial Lawyers Association members. Together we are not only providing low cost helmets, but we are also properly fitting and adjusting the helmets to stay in place during a crash. It is an important partnership between medical and legal professionals that I hope will continue to flourish for years to come. As the trial lawyers know from helping injured children and adults, the effects of traumatic brain injuries (TBI) are life-long and everyone that touches the life of a TBI patient is affected. By working together, the trauma nurses and trial lawyers are helping to mitigate injuries to children in our community. I was elated to hear an OTLA member participating in a helmet event last year say This is so worthwhile and fun, I am going to donate more money. Mike Morrison, RN, Legacy Emanuel Trauma Nurses Talk Tough. Don t miss out on upcoming Trauma Nurses Talk Tough volunteer opportunities! We need 10 OTLA member volunteers per event. Saturday, June 28th (12pm-4pm) Good in the Hood at Lillis-Albina Park Saturday, August 9th (10am-2pm) Randall Children s Hospital Street Fair Saturday, September 6th (10am- 2pm) Legacy Mt. Hood Medical Center Healthy Kids Fair. Please mark your calendar and RSVP to Amy Anderson today at or org. Thank you for your service and for showing that trial lawyers not only talk the talk, but walk the walk! DONATE TODAY online at www. oregontriallawyers.org THANK YOU TO OUR CURRENT LIST OF BIKE HELMET CONTRIBUTORS: (as of June 25th) Hala Gores Michael Bloom Berkshire Ginsberg Tom D'Amore Pickett Dummigan LLP Don Jacobs Matt Kehoe Melissa Bobadilla Ryan Corbridge Kyle Dukelow Tom Melville Sarah Nelson Steve Piucci Mitra Shahri Brent Barton Paul Bovarnick Tim Nay Lake Perriguey Tina Stupasky Vogele & Christiansen Rob Wolf 2013 Good in the Hood bike helmet event with volunteers Joel Shapiro and Brendan Dummigan fitting community kids.
13 Pitch for OTLA Board Members It s time to get off the sidelines and into the game. Let your voice be heard! OTLA is accepting applications for nominees to the OTLA Board of Governors. Board members are critical to the success of the organization. If you ve always wanted to be more involved, now is the time. To be considered as a board candidate, please fill out the application inserted in this month s issue of Sidebar. Completed forms must be in the OTLA office no later than Friday, July 18, Members who attend the annual summer convention will elect OTLA district and at-large members, as well as AAJ governors and delegates. June/July 2014 SIDEBAR 13 All board members are expected to: 1. Be a member in good standing for the current year and the previous two membership years, and/or have a record of prior committee service or active involvement in an OTLA section, with all dues and fees of the association paid in full. 2. Be a contributor to Guardians of Civil Justice. 3. Attend all Board meetings. Failure to attend three Board meetings in a year will generally result in a finding that a person is failing to perform his or her duties and may lead to removal for nonperformance. Exceptions to the guideline must be requested in writing and may be made at the sole discretion of the Executive Committee. 4. Raise money by recruiting new Annual Sponsors and Guardians of Civil Justice members. 5. Assist with Membership Phone-A-Thons. 6. Serve on at least one of OTLA s committees or sections. 7. Pay all of their own expenses incurred during their duties on the Board or on a committee. Exceptions to this policy must be requested in writing and will be at the sole discretion of the Executive Committee. Nomination forms are inserted in this issue of Sidebar. Please fill out and return no later than Friday, July 18, THIS MONTH- RENEW MY OTLA MEMBERSHIP It s renewal season again at OTLA. By now you should have received three renewal notices in the mail. If you haven t done so yet, please fill it out and return it so you don t miss out on any of your membership services including the coveted listservs. You can also log on to www. oregontriallawyers.org and then click Renew My Membership under the Manage My Membership section of your My OTLA log in screen.
15 Media Training: Steps to a Positive News Media Experience Did you miss the free Media Training in January with KGW s Pat Dooris, Michael Kesten of Kesten Media and OTLA Communications Director Amy Anderson? If so, you re missing out on some valuable tips on how to avoid major pitfalls when a reporter calls. The first step is anticipating if your case will find its way into a headline. DVD copies of the presentation are available at OTLA. FREE to Guardians of Civil Justice and $30 for non-guardians. Approved for 1 General CLE credit! Remember as a member benefit Communications Director Amy Anderson is available to assist you with any media inquiries. June/July 2014 SIDEBAR 15 When a reporter calls... call Amy Anderson at Get your ducks in a row and stay out of hot water! OTLA ON FACEBOOK AND TWITTER. GET CONNECTED! Like us on Facebook: Follow us on Twitter: Time to Spare? Volunteer opportunities await. Contact OTLA at
16 OREGON TRIAL LAWYERS ASSOCIATION 319 SW Washington St., Ste. 607 Portland, OR PRSRT STD US POSTAGE PAID PORTLAND OR PERMIT NO 63 SIGN UP TODAY! for the OTLA SUMMER CONVENTION August Salishan Spa & Resort, Gleneden Beach, OR Reserve your rooms now! Ask for the OTLA room block ROOMS ARE FILLING UP SO CALL TO RESERVE YOURS TODAY!
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