Mark your calendars! The 2012 Barristers Ball is coming!

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1 ccbawashington.org OCTOBER 2011 OFFICIAL NEWSLETTER OF THE CLARK COUNTY BAR ASSOCIATION Mark your calendars! The 2012 Barristers Ball is coming! February 25, 2012 Pearson Air Museum We will also host a charity silent auction. If you would like to donate to our auction, please contact our auction chairperson, Josie Townsend at jctownsend@aol.com or call her at All donations are tax deductible. page 14

2 THIS MONTH S ISSUE President s Message...3 Upcoming CLE Schedule...3 Nuts & Bolts: Appellate Practice:...4 Changing of the Guard at CCBA...6 Superior Court Selects Commissioner...6 CCBA Golf Tournament Tees Off...7 Remembering Mike Kinnie...8 CLE Attendees Meet the Gentle Art of Persuasion...10 CCBA Annual Meeting...12 Young Lawyer vs. Senior Lawyer Softball Game...13 Old Lawyers Aren t so Old!...13 Bench/Bar Meeting Minutes...14 Family Law Section Meeting...16 HEARSAY is published 12 times per year and is design edited by: JEFF GOUGH, Creative Director GOUGH CREATIVE GROUP GCG director@goughcreative.com 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. CCBA Monthly Board of Directors Meeting...16 Nuts & Bolts CLE Schedule...17 Double Hearsay...18 Getting to Know: Lisa Darco...19 Controversial Issues in Mediation...20 Clark County Volunteer Lawyers Program...22 News You Can Use...24 Attorney Bookkeeping Tips...25 Law Library News...25 Legally Drawn...25 SW Washington Lawyer Referral Service...26 Events Calendar...26 RICHARD G. SPIER MEDIATOR Highly experienced full-time neutral since 1992 Business & commercial; personal injury; employment; real estate & construction Listed for Mediation in The Best Lawyers in America Member, Oregon and Washington Bars Fax rspier@spier-mediate.com N.E. 28th Avenue Portland, Oregon No charge for travel time or travel expense in Oregon and Washington

3 PRESIDENT S MESSAGE JOHN FAIRGRIEVE CCBA President Dear Fellow Members of the Bar: Let me begin for thanking you for the opportunity to serve as president of the Clark County Bar Association for the upcoming year. I have enjoyed serving as a trustee and later as vice president of the association and look forward to the challenges that the coming year will surely bring. Fortunately our association has a strong and capable board and support staff which I will work with closely to accomplish our association's goals. The last year was a challenging one for the bar association and our board. However, as a result of a series of difficult but necessary decisions we have stopped being an intermediary for health insurance programs and have put the association on a much more stable financial footing. Both the health care issue and the bar's financial problems consumed a substantial portion of the board's time and energy in the past year. It is my hope that in the coming year we can put that time and energy towards more productive activities that will benefit our association and our community. I have two general goals as I begin my term as president. The first is to strengthen our profession locally by instituting a mentorship program for new attorneys. The second is to strengthen the position of our profession in our community by having the bar become more involved in public legal education / civics education in our local community. Both the American Bar Association and the Washington State Bar Association have public legal education and civics materials and programs that we could use as models for a local program. I plan on discussing each of my goals and plans for achieving them with the bar association board in the near future. One issue I would like to address with all of you is involvement in bar association activities and programs. Outside the work done by the board of trustees the main work of our association occurs in our committees. In particular, our CLE, Hearsay and Barrister's Ball committees perform critical work for our association and need additional volunteers to help them continue to provide the high quality of products and services that they have in the past. Please consider volunteering time to work on one of these committees or on another committee or in a capacity that reflects your interests. Finally, there has been discussion at our last two general meetings about what our bar association's priorities are and what it should be doing to assist its members. I urge you to contact me or one of the other officers or trustees to express your opinions or to discuss any other matter concerning the bar. You can reach me at (503) or at jpfairgrieve@msn.com. Upcoming CLE Schedule Date October 25, 2011 Area of Law Mediation Topic Controversial Issues in Mediation Speakers Richard Spier Steve Andersen Jane Clark Committee Chair Jane Clark November Federal Federal Court Civil Procedure Kurt Rylander Steve Joncus Rick McLeod Rick McLeod December Ethics HEARSAY - OCTOBER

4 The Clark County Bar Association is pleased to announce its Thirteenth Nuts and Bolts Lecture: APPELLATE PRACTICE by Judge C.C. Bridgewater and Attorney Suzan Clark Wednesday, October 12, 3:00 5:00 PM, at the Red Lion at the Quay The cost is $50 for CCBA members, $70 for non-member attorneys, and $25 for non-attorneys. This will get you 2 CLE credits and the speakers prepared materials to download. There is an extra fee if you want to pick up the materials at the door. We Continue to Provide the Best Snacks and Beverages of any CLE To register: Call the CCBA, (360) , OR CLE@ccbawashington.org, OR FAX this flyer back to the CCBA at (360) with your NAME, PHONE #, BAR NUMBER, and ADDRESS. C.C. Bridgewater received his B.A. degree in philosophy from Stanford University in 1966 and a law degree from the University of Texas at Austin in Judge Bridgewater began his legal career doing consumer protection work with the Federal Trade Commission. After three years, he moved to Cowlitz County, Washington and worked there as a deputy prosecuting attorney for two years before entering private practice, focusing on criminal defense, domestic relations and health care law. He was elected Prosecuting Attorney of Cowlitz County in 1986, where he worked until his appointment to the Washington Court of Appeals, Div. II, in He has been the presiding judge of Division II and of the Court of Appeals. After retiring from the Court in 2010, Judge Bridgewater joined United States Mediation and Arbitration of Oregon, where he is available as a mediator or arbitrator, and provides consultation on and evaluation of appellate cases. Suzan Clark obtained both her bachelor's degree and law degree from the University of Oregon, making her a proud "Double Duck." She began her legal career as a deputy district attorney in LaGrande, Oregon and later worked as a deputy prosecuting attorney in both Cowlitz and Clark Counties. In 1994 she entered into private practice emphasizing criminal defense, appellate work and family law. She has tried over 150 felony jury trials in Oregon and Washington as a defense attorney and she tried over 50 felony cases to a jury as a prosecutor in both Oregon and Washington. She has briefed and argued over 150 appeals to the Washington Court of Appeals, Divisions II and III, the Washington Supreme Court and the Oregon Court of Appeals. She served as a bar examiner for the Washington State Bar for 7 years. She has served on numerous bar committees and as president of the Clark County Criminal Defense Bar. She volunteers regularly with the YWCA Legal Clinic. She has traveled to 84 countries and is an avid basketball fan. An outline appears on the next page. 4 CLARK COUNTY BAR ASSOCIATION

5 APPELLATE PRACTICE TIPS by C.C. Bridgewater GOAL Communicate with Judges to put client s case in best light PROCESS Designed to uphold the finality of the trial court. The appellate court decides using three basic tools: I. Sufficiency of evidence; II. Abuse of discretion; III. De novo review when interpreting the law. I. BRIEFS PET PEEVES PRESENTATION A. Follow the rules B. Remember your audience (it s law clerks) C. Be Brief. D. Cite frequently and specifically II. ORAL ARGUMENT A. Procedure B. Suggestions 1. Briefs 2. Presentation. C. Technologies HOW NOT TO FEAR AN APPEAL OF YOUR WORK IN THE TRIAL COURT By Suzan Clark I. Pre trial motions A. CrR 3.5 B. CrR 3.6 C. Knapstad motions D. RCW E. Motions in Limine 1. Prior Convictions under ER ER 404(b) 3. Rape shield statute calls F. Motion for continuance G. Severance H. Drafting Findings of Fact & Conclusions of Law II. Trial A. Know and understand the Boneclub ruling B. Remember on review, you are on the radio C. Renew objections as necessary D. Exhibits 1. Make clear reference 2. Place marks on the exhibit as needed in advance if possible 3. Preserve objections via offer of proof E. Objections F. Jury Instructions G. Jury questions III. POST TRIAL A. Arrest of judgment B. Motion for a new trial C. Findings of Fact & Conclusions of Law on bench trial Conference Room available to rent The CCBA s office conference room is available for meetings and depositions at reasonable rates. Call Lisa Darco at HEARSAY - OCTOBER

6 Changing of the Guard at CCBA DAVID GREGERSON Hearsay Special Correspondent At its quarterly meeting on September 14 at the Inn at the Quay, the CCBA ushered in its new fiscal year and elected its officers for the coming year. The slate of new officers, as nominated by the board and elected at the meeting, will be: John Fairgrieve (President); Suzan Clark; (Vice President) David Gregerson (Secretary); J.D. Nellor (Treasurer); Arin Dunn (Trustee); and Jill Sasser (Trustee). Outgoing President Kurt Rylander will remain on as Immediate Past President. Rylander presided for the last time and reported on what a long, strange trip it s been. He and other board members provided organizational and program year-end reports. Most significantly, the board took some drastic steps to save the CCBA from a potential financial catastrophe caused by the combination of finalizing some administrative and tax reporting requirements for the defunct member health insurance program, and declining revenues particularly from loss of local CLE revenue with the presence of seminars in Puget Sound and those available over the internet. While the CCBA was in danger of going under in the spring, the unaudited year end profit and loss statement shows net income in excess of $16,000 a dramatic turnaround by any measure. The fiscal survival strategy was not without a cost specifically the loss of longtime Executive Director and friend to many lawyers, Diane Wheeler, whose position was eliminated. As a result, the CCBA office now has two new offices and a leaner, scaled-back office staff presence. Other savings come from scaling back the production cost of HEARSAY magazine, as well as substantial savings from negotiating a new lease for the office space. Through it all, the CCBA maintained and even invigorated its local CLE program and calendar arguably through the herculean efforts of Jane Clark and implementation of the popular Nuts and Bolts series. Other program highlights of the year include 12 months of HEARSAY magazine, Barrister s Ball, the Lawyer Referral Service, the annual BBQ and golf tournament, and judicial bar polling for judicial vacancies. Incoming President John Fairgrieve rounded out the meeting by giving his inaugural address. He noted the voluminous and substantial turbulence of the previous year, but assured that the seatbelt sign has been turned off and that CCBA members should feel free to move about the cabin. He hopes to help strengthen the existing programs and stabilize the financial and staffing issues. He mentioned his specific agenda to call upon the membership to participate in increased community outreach to educate and inform the community about the work of the bar in the coming year. Any attorneys interested in participating in any of the CCBA committees or activities are encouraged to contact Lisa Darco or any of the board members. Superior Court Selects Commissioner The Clark County Superior Court has selected long time Vancouver attorney Dayann Liebman to replace newly-appointed Superior Court Judge Daniel Stahnke as Family Law Commissioner effective October 27th. The Court selected Liebman from among a group of highly qualified applicants. Liebman is a graduate of Washington State University and the Northwestern School of Law at Lewis and Clark College. An experienced Family Law attorney, Liebman is expected to hear divorce, paternity, juvenile and dependency cases. She will be housed in the Juvenile Court building and will hear cases in the Family Law Annex and Courthouse as well as the Juvenile Courthouse. Presiding Judge Barbara Johnson, speaking on behalf of the Court indicated that Dayann brings a wealth of experience to the position and all of the Court s Judges and Commissioners look forward to working with her in this important area of service to the community. 6 CLARK COUNTY BAR ASSOCIATION

7 CCBA Golf Tournament Tees Off KURT RYLANDER Hearsay Editor-In-Chief On Friday, September 23, 2011, the Clark County Bar Association held its annual (usually) Golf Tournament. This year the event was hosted by the Cedars on Salmon Creek. The event was well attended, and the shotgun start caused an eruption of golf carts driven in race car fashion. The sun was hot and the course was smoking. The heat of the day and the pressure of the competition kept the cart lady busy with plenty of thirsty customers. Immediately, it became clear that the team to beat was Chuck Buckley, Kurt Rylander, Nathan Petersen and Mike Higgins. However, at the end of the day only one team was left standing, with a score of 59, the team of Barry Brandenburg, Jim Mayhew, Jim Senescu, and The Honorable John Nichols took honors and immediately donned the multicolored champion jackets. Finishing a distinct second, the team of Dave Christel, Matthew Philbrook, Beau Harlan and Steve Leatham scored 61. Next year the new leadership for the Golf Tournament will be Jim Senescu, Matthew Philbrook, and Beau Harlan. Jane Clark is pleased to announce the opening of her new law office Law office of: JANE E. CLARK A T T O R N E Y A T L A W We are creative about protecting intellectual property 1014 Franklin Street Franklin Suites, Suite 108 Vancouver, WA MEDICAL MALPRACTICE WRONGFUL DEATH PERSONAL INJURY Available for Referral or Association Patents Trademarks Copyrights Trade Secrets Unfair Competition Litigation Licensing Counseling Due Diligence Vancouver Portland Jane@janeclarklegal.com 406 West 12th Street Vancouver, WA (360) RYLANDER & ASSOCIATES PC Trial & Patent Attorneys HEARSAY - OCTOBER

8 Remembering Mike Kinnie SUZAN CLARK Hearsay Special Correspondent Recently retired Senior Deputy Prosecuting Mike Kinnie passed away August 25, 2011 at the age of 60. Mike Kinnie obtained his bachelor s degree from Stanford University and graduated from Gonzaga University Law School. Kinnie s father served as a deputy prosecuting attorney with Spokane County. He followed in his father s footsteps serving as a deputy clerk in Spokane County while attending law school and later joining the Franklin County Prosecutor s Office after passing the bar. In the early 1980 s Kinnie spent several years in private practice emphasizing civil litigation. During his time in the Tri-Cities he met and married his wife Kathy. In the mid s Kinnie accepted a position as a deputy prosecuting attorney in Clark County. After taking on a number of the toughest cases, Kinnie quickly garnered a reputation as a top trial attorney. He tried countless homicides and high profile cases over the years. Colleagues fondly remember Kinnie s technique of speaking softly in closing argument and elevating his voice to thundering levels to deliver a point. Chief Criminal Deputy Prosecuting Attorney Scott Jackson remembers hearing about Kinnie s whisper to a roar technique from now retired Judge Jim Ladley before he had a chance to observe Kinnie in trial. Mike had this reputation as a tough and feared opponent. He was really the kindest sweetest guy in the office, Jackson recalls. Deputy Prosecutor Mike Dodds said of Kinnie, He had a real knack with jurors. No case was too complex for him to make understandable to a jury. Retired Senior Deputy Prosecutor Kim Farr agreed, Mike was a great trial attorney, but he also had commonsense. He looked at the people involved in the cases; his decisions weren t just driven by the stats [conviction rate]. Retired Senior Deputy Prosecutor Phil Meyers initially met Kinnie while working in Franklin County. Kinnie encouraged Meyers to apply for a position in Clark County. The two worked together for more than 25 years. Meyers recalls that after the Prosecutor s Office was remodeled in 1987 Kinnie ended up with one of the smallest offices. Mike had a good sense of humor about the fact that one of the biggest guys in the office somehow ended up with a postage stamp sized office. Mike Kinnie served as a mentor to many young attorneys. District Court Judge Kelli Osler recalls a homicide trial she and Kinnie tried together when she was a deputy prosecutor wherein Kinnie cross-examined the defense expert so effectively that the defense attorney patted Kinnie on the back as he walked by counsel table. The expert later suggested to another deputy prosecuting attorney that she contact Kinnie for advice on how to cross-examine him. Osler s dad and Kinnie s dad worked together as prosecutors in Spokane County. Osler once needed to take some time off to deal with a serious medical situation with her parents. The chief criminal deputy at the time warned her that she might lose her position in the Major Crimes Unit as a result of the family leave time. Osler says, I knew Mike had my back. He covered my cases and smoothed the way for me. He prosecuted Treva Throneberry, a woman who masqueraded as a high school student to obtain public assistance and education benefits. Mid-trial Kinnie suffered a kidney stone that rendered him unable to continue with the trial. Osler stepped in and took directions from Kinnie as he was being hauled from the courtroom by medical personnel. Osler says I only half listened, because I thought he was delirious. Things took a very serious turn when Osler had to take over questioning witnesses and 8 CLARK COUNTY BAR ASSOCIATION

9 managed to get the case continued a day so that Kinnie could return and do closing argument. After being released from the hospital, Kinnie returned the following day to give closing argument and he saw the case through to a guilty verdict. Kinnie never minced words and was known to state a very pointed opinion of what he thought of the jail house snitches he sometimes utilized in criminal cases. Defense attorneys often speak of having been Kinnied, meaning that Kinnie used an innocuous question the defense asked a witness to turn the case in the prosecutions favor. He formally mentored a group of new attorneys by utilizing a video of one of his homicide trials to teach about trial techniques. The positive comments from attorneys he mentored would go on for pages of this article. With his wife Kathy, Kinnie enjoyed traveling around the world and they traveled extensively in Africa and Central and South America. Mike was incredibly proud of Kathy s accomplishments as a nature photographer, recalls Mike Dodds. He hung her photographs in his office and exhibited them with great pride. This author had the pleasure and privilege of working with Kinnie as both a prosecutor and a defense attorney. I deeply appreciated that he was absolutely gender blind in supporting, defending and mentoring newer attorneys. He took the time to listen, to teach and to console when things went badly. I tried several homicide cases against him and always learned from the experience. He was always willing to listen to the defense and to negotiate appropriately. Retired Judge Jim Ladley said it best, Mike was a brilliant lawyer and a nice guy. I always knew he was going to shake the building with a roar to emphasize a point in every trial. He will be greatly missed. Helping attorneys on their injury cases I can help you get prompt settlements or verdicts on your injury cases all costs Attorney fee sharing, as per RPC s Over $3M Grant A. Gehrmann Attorney at law Visit us online at: ccbawashington.org HEARSAY - OCTOBER

10 CLE Attendees Meet the Gentle Art of Persuasion JEAN McCOY Hearsay Special Correspondent At the conclusion of the CCBA Annual Membership Meeting on September 12, 2011, participants had the option of attending a one-hour CLE taught by Professor Arthur Kohn titled Psychology and the Law: The gentle art of persuasion. Dr. Kohn earned his Ph.D. in cognitive science at Duke University. He is a professor at Portland State University where he teaches a course in Psychology and Law. Most importantly, and to add to his credentials, he is Jane Clark s fiancé! Having opened a pandora s box of interesting information regarding the influence we have on others, Dr. Kohn left us wondering if we can say we always use it for the good. If you are interested in more topics like this for CLE presentations, give Jane Clark an at jane@janeclarklegal.com. Dr. Kohn talked about principles of influence that cause humans to act in predictable ways. One instance begins with the delivery of a gift with no stated expectation of return. This principle is utilized by the Hare Krishna in airports where the recipient receives a rose and a blessing; some feel inclined to donate money and when the rose is disposed of, it is recycled to create a gift for the next recipient. Easter Seals sends out free address stickers with a donation card on the same principle. This may be one type of tactic that many of us recognize as manipulation and refuse, but the tug is there in our consciousness not to accept something without giving something in return. Understanding our natural human responses allows us to see the cause and effect of certain actions, and being a student of human nature could further assist us in resolving our pending cases. Another principle of influence is utilized by showing the contrast between two items. A realtor showing property can show a high priced dump to a client, then swing by a favorable property in the client s price range. Of course, the second property, in contrast to the first, looks better to the prospective purchaser and the comparison can have a bearing on the decision on whether to make an offer. Talking with a client regarding a settlement offer and describing where they can be if they accept the offer, and where they can be if the case goes further to trial can provide a contrast that will influence a client to pick one or the other option more readily than if the discussion hadn t occurred. We talked about how much control an attorney does have in these circumstances, and how sometimes a conflict arises between the clients best interest and the attorneys best interest when settlement negotiations come up. A comment was made that some counsel want to keep an individual in a case for financial incentive, where the individual may be better off settling early. There is a moral and ethical element of influence that arises when we review how these discussions with our clients take place, and how much our personal feelings could leak out into the advice given. Jane Clark and Dr. Art Kohn pose for the camera. Kurt Rylander holds the Hare Krishna rose for Dr. Kohn. 10 CLARK COUNTY BAR ASSOCIATION

11 Rider & Associates Inc. provides superior court reporting services to the legal profession in Southwest Washington and the Portland, Oregon region. We have successfully served our clients since 1979 by offering many features and benefits tailored to your needs. We specialize in complex medical and technical terminology and offer the latest technology in both software and hardware applications to support the needs of a demanding industry. Rider & Associates, Inc. will guarantee the highest level of professionalism with personalized service and attention to detail. Our Services Include: Your Local Source for Lawyers Professional Liability Phone Fax day turnaround time without an expedite fee Full-Time Staff Realtime Reporting Computerized Transcription Caseview/Live Note e-transcript Immediate Delivery Conference Rooms Scanning and Archiving of Exhibits Internet Realtime Realtime Captioning for Hearing Impaired P.O Box 245 Vancouver, WA Phone: Fax: Teresa@RiderandAssociates.com Web: Affiliations: NCRA National Court Reporters Association WCRA Washington Court Reporters Association STAR Society for the Technological Advancement of Reporting MTIA Medical Transcription Industry Association AHDI Association for Healthcare Documentation Integrity AHDI-Washington Association for Healthcare Documentation Integrity of Washington AHDI-Oregon Association for Healthcare Documentation Integrity of Oregon HENDERSON LAW FIRM, PLLC Phender745@gmail.com MEDICAL NEGLIGENCE PERSONAL INJURY WRONGFUL DEATH Representative Jury Verdicts and Settlements: CHUCK CORRIGAN Failure to diagnose brain tumor $4.5 million Obstetrics malpractice $3.5 million Obstetrics malpractice $1.6 million Trampoline accident $1 million Electrocution at work -- $900,000 Motorcycle collision -- $500,000 Rear end MVC. Soft tissue injury -- $230,000 Available for referral or association on serious injury, wrongful death and medical negligence cases. HEARSAY - OCTOBER

12 CCBA Annual Meeting AKA - Survivor Clark County JEAN McCOY Hearsay Special Correspondent The CCBA Annual Membership Meeting was held on September 12, 2011 at the Red Lion at the Quay with about 50 members in attendance. CCBA President Kurt Rylander presided over the meeting, and at its conclusion was exuberant about his ability to pass the gavel to incoming President John Fairgrieve. The best news of the day was that the CCBA survives to live another year, having fought through its budget shortfall. around on scanning filings into the Liberty system, and that Clark County is poising itself for an on-line filing system at some point in the future. Suzan Clark, CCBA Treasurer, announced that due to some strategic budget cuts and cost savings, the Association will still retain a good amount of its past earnings and ended the year in the black. Thanks were given to the CCBA Board, and especially the CLE Committee led by Jane Clark, for their leadership and commitment to keep the ship afloat. Immediate Past President Kurt Rylander will take over responsibility for Hearsay publication from David Gregerson and contributors are always welcome. Chris Boyd was introduced as the new Family Law Section President, and Chris introduced their blogspot as a way to keep up with their busy Section: New Trustees, Jill Sasser and Arin Dunn, were voted into office, and a big thank-you was given to Andrew Wheeler, who went off the Board this year after many years of wise counsel, and clear, concise meeting minutes. Kurt Rylander receives recognition from incoming President John Fairgrieve Judge Barbara Johnson, Presiding Judge for Superior Court, spoke regarding current events at the Courthouse and continued budget woes. With the re-assignment in Superior Court, some dockets were being shifted as of the date of the meeting. Judge Rulli can now be found in the Family Law Annex. Judge Nichols will remain in his current office, but will have a family law caseload, as well as a felony criminal docket. Judge Collier will be on the fourth floor where Judge Bennett vacated, and the new Judge for Department One Judge Dan Stahnke will be located on the third floor. Superior Court seems to be blessed to be able to do more with less, and it is certainly due to its dedicated staff and good leadership. Judge Kelli Osler then spoke on behalf of the District Court bench, echoing Judge Johnson s tales of budgets and doing more with less. Clark County Clerk, Scott Webber, was introduced and welcomed suggestions for his office. Scott said that the Clerk s Office is achieving most of the time a 24-hour turn John Fairgrieve officially took the helm of the CCBA and announced a new mentoring program we will be seeing more information on in the coming months. John introduced our new part-time staff for CCBA, Lisa Darco as office manager, and Kaitlin Lisandrelli as member services coordinator. New office hours are Monday through Friday 12:00 pm to 4:00 pm. Introduce yourself the next time you see them. John introduces Lisa Darco and Kaitlin Lisandrelli 12 CLARK COUNTY BAR ASSOCIATION

13 Young Lawyer vs. Senior Lawyer Softball Game CHRIS BOYD Hearsay Special Correspondent The rainy morning was a foreshadowing the young lawyers should have paid closer attention to. The 5th Annual Young Lawyer v. Senior Lawyer softball game was held at Prairie Field on September 17th. It was not even close. The Senior Lawyers jumped all over a clearly overmatched Young Lawyer team ending in a 5th inning "mercy rule" victory. Yes, that means the Young Lawyers were being beaten by over ten runs. The game was called early due to the uneven skill, talent, athleticism, and many would even say good looks, possessed by the Senior team. Highlights were numerous and came in bunches. Scott Horenstein dominated with his pitching, even while wearing dress shoes on the dirt infield. Judge Bennett (wait, didn't he just retire?!) showed superior speed running the bases and beating throws by the Young Lawyers. Greg Gonzales, Steve Turner, Shawn MacPherson and Bob Vukanovich were an unstoppable infield. And the hitting? Everyone was crushing the ball for extra bases. Judge Stahnke clearly put together a superior team this year and the Young Lawyers could only shake hands and wait for next year. However, valuable lessons were learned. It turns out that the Senior Lawyers are quite generous in victory and purchased several pitchers of beer for the Young Team at the Prairie Tavern after the game. So who really won? Old Lawyers Aren t so Old! JAMES SENESCU Hearsay Special Correspondent On Saturday, September 17, 2011, time appeared to roll back by a decade or so, as the Young Lawyers (under 36) took the field against the Old Lawyers (36 and over) in a heated softball game. It appeared that the Young Lawyers were bringing their A game with the likes of Boyd, Sleight, Montgomery, Gasperino and Schultz, to name a few of the Young Guns. They even brought in a certified ASA umpire who (tried to) keep things honest between the two powerhouses. However, it appeared that the sands of time stood still for a few hours as the game was actually called after 4 ½ short innings with the Mercy Rule being put into play when the Oldies (but Goodies) stretched their lead to ten runs, with a final score of 20 to 10. Most importantly, NO injuries were reported! The Old Lawyers, led by skilled hitters/infielders Judge Stahnke, Judge Gonzales, Shawn MacPherson and Steve Turner. This is not to discount the amazing first base play of Bob Vukanovich, who dug out some very difficult throws to first base, securing some key outs against the Young Guns. Even the youngest old guy, yours truly, managed to lace a pair of triples to add to the mayhem. Dave West, Grant Broer, Bruce Colven and the feisty Judge Roger Bennett (Ret.) also added to the proverbial beat down. Unofficial MVP, Scott the Ace Horenstein, also led the Oldies to a victory with his very tight pitching and excellent fielding skills. All in all, suffice it say a good time was had by all and we look forward to the defense of our championship next year. It should be mentioned that the Young Lawyers were absolute gentlemen throughout the game, and even at the after party at the Brush Prairie Tavern buying a pitcher for the Old Guys who were already seizing up from the physical stress of the event. HEARSAY - OCTOBER