It Was An Intimate Gathering Prez Sez, by Jack Lundeen

Transcription

1 The Bar Tab September 2009 It Was An Intimate Gathering Prez Sez, by Jack Lundeen The Clackamas County Bar is an interesting bunch. The CCBA CLE Committee has tried to come up with interesting topics to reach across the disciplines we practice. On September 4th, we convened our fourth Get Smart mini-cle, complete with a hosted happy hour after the Thursday afternoon presentation. In Foreign Clients for the Undocumented Attorney, we focused on how undocumented workers could be dealt with as we encounter them in our practices. Rachel Game of Hecht and Norman kicked the afternoon off by telling us about Criminal Crevasses, the draconian powers ICE has, and how to maneuver our clients with criminal issues into outcomes that wouldn't render them "inadmissible," which has nothing to do with evidence. Bradley Lechman Su of Johnson and Lechman-Su PC let us know that there wasn't just one Hague Convention that family law lawyers might deal with, and provided some food for fear when dealing with divorcing resident couples who are foreign nationals. But the big scare of the day came when Ron Guerra of Jordan Schrader Ramis, talking about Employment Chutes and Ladders, let us know that most of us were out of compliance with another draconian regulation regarding Employment Eligibility Verification Forms. Did you know, as I didn't, that every employer, no matter how few employees it has, must complete I-9's on all within 3 days of hiring, so that the employer can defend itself when the ICE Notice of Inspection arrives, and you can't ask for ID before hiring; that's potentially discriminatory? Thereafter, we all adjourned to the lobby of the Willamette Falls Health Education Center to share tasty bites catered by The Bomber and a few adult beverages provided by your CCBA. But, despite blanket advertising by fax, and non-ccba listserves, we only had 12 attendees. It certainly didn't hurt the program, and provided a better opportunity to interact with the speakers and others attending, but a real opportunity was missed. I especially want to thank the speakers and our CLE Committee, Samantha Hazel and Bill Knox, and encourage you to join us at future Get Smart CLE Series events. The next Get Smart seminar is being planned with Child Centered Solutions, and possibly the CCFLG, to provide a three-hour training to develop a cadre of attorneys for children who are trained and certified as such, instead of advocating from the seat of their pants. In our usual inexplicable CCBA fashion we re still developing our Autumn Best Practices CLE, but it will evolve and in our usual CCBA fashion many members will sign up to attend. Please mark your calendars for October 15th when 8 Supreme Court justices and 10 judges from the Court of Appeals will be joining us for our annual Appellate Judge Dinner. While you re busy marking your calendars early (an unusual event for CCBA attorneys), please note we have been able to secure Thursday, December 10th, for our annual holiday event (back by popular demand, instead of Tuesday night). Mark Your Calendar Appellate Judges Dinner - Thursday, October 15, 2009, Oswego Lake Country Club, Lake Oswego, OR. Annual Autumn CLE - Thursday, November 19, 2009, WFH Health Center, Oregon City, OR. Holiday Dinner and Dance - Thursday, December 10, 2009, Oswego Lake Country Club, Lake Oswego, OR. The Bar Tab welcomes your submissions! Please send articles, photos and announcements to: lawlibrary@co.clackamas.or.us.

2 The Bar Tab - September Page 2 CCBA Newsletter Approximately five issues of The Bar Tab are published each year. Submissions can be ed to lawlibrary@co.clackamas.or.us. They can also be sent or given to any officer. Advertising submissions and inquiries can be directed to the Editor or any officer. The CCBA does not make express or implied warranties regarding the use of information contained in this newsletter. Editor Jennifer Dalglish lawlibrary@co.clackamas.or.us (503) Webmaster Kristen David kristen@bowermandavid.com (503) CCBA Executive Board President: Jack Lundeen jacklundee@aol.com (503) President: Peter Glazer pg@peterglazer.com (503) Vice President : David Paul davepaul@co.clackamas.or.us (503) Secretary : Bill Knox bill@orinjuryhelp.com (503) Treasurer: Rachel Game law@rachelgame.net (503) CCBA Website CCBA Address info@clackamas-bar.org News and Notes Clackamas County Bar Softball by Matthew Lyon It was another exciting year as a youth movement took over the Clackamas County Bar Softball team. Stalwarts Larry Peterson and Steve Kelly gracefully moved into retirement. New players, Deputy District Attorneys Ryan Chiotti and Lewis Burkhart and Judge Van Dyk s law clerks, Jordan Roberts and David Jordan, helped propel the team to a 4-1 regular season record. Returning veterans included Craig Dorsey, Damien Hall, Rusty Amos, Matt Lyon, Judge Van Dyk, Len Kovac, Rose Gibson, and Scott Healy to carry the load. The team beat Tonkin Torp, Hoffman Hart & Wagner, the Multnomah County DA s, and Schwabe to set up a battle of unbeatens season finale versus Ater Wynne. Undermanned in the sweltering 100⁰ heat, the team fought valiantly but came up a couple of runs short. The first round of the playoffs featured a rematch with Tonkin Torp. Tonkin Torp started off hot, but we batted the order and held the lead going into the second. The game was an absolute slugfest with over 60 runs scored. In the end, Tonkin Torp prevailed bringing the season to a close. It was a great time, there is nothing better than getting wings at Fire on the Mountain after a win and I even learned I could do the splits sort of. Learning the Ropes The Professional Liability Fund is sponsoring a practical skills seminar, Learning the Ropes, for new admittees to the Oregon State Bar and lawyers entering private practice in Oregon. The seminar includes information on developing a successful practice and avoiding legal malpractice, practical tips from judges and lawyers, presentations on setting up effective office systems, negotiation tips and access to justice presentations. Attendance at the full program will satisfy MCLE requirements for new admittees first reporting period. The seminar will be held November 4-6, 2009 at the Lloyd Center Double Tree Hotel in Portland. The $65.00 registration fee includes the entire seminar and lunch on November 4 and 5. The deadline for registration is October 28, The registration flyer is available online at the PLF website ( Click on Learning the Ropes under Loss Prevention to download the form in a.pdf format. Or call DeAnn Shield at

3 The Bar Tab - September Page Sq. Ft. Office Space available in Historic Downtown Oregon City! 9th and Main, close to the courthouse in the center of a revitalizing downtown. Two private offices, conference room and large open work area! $6.00 per sq. ft. per year NNN Call today to schedule your appointment. Greg DeGrazia, CCIM, Broker Windermere Realty Partners SE 93rd Ave Suite 200 Clackamas, Or Direct: Office: EXECUTIVE COPY & PRINTING QUALITY 1 & 2 COLOR PRINTING HIGH SPEED COPIES COLOR COPIES ENGINEERING COPIES LEGAL BRIEFS LEGAL EXHIBITS BUSINESS STATIONERY BUSINESS CARDS PLEADING SHEETS RUBBER STAMPS & LABELS FAX SERVICE We Pick Up and Deliver (503) PHONE, (503) FAX design@ecporegoncity.com 623 MAIN STREET OREGON CITY, OR 97045

4 The Bar Tab - September Page 4 LOWE MEDIATION Experienced & Effective Over 20 Years Judicial Experience. Hundreds of Cases Settled. Brooks Appraisal Services, LLC Competent Quality, Bridging Service & Standards Brian Brooks Oregon & Washington Certified Residential Appraiser 111 Ogden Drive Oregon City, OR lowemediation@msn.com Fax: brian.h.brooks@gmail.com

5 The Bar Tab - September Page 5 Law Library News Alden E. Miller Law Library of Clackamas County 821 Main Street Mailing: 821 Main St., Room 101 Oregon City, Oregon (503) , lawlibrary@co.clackamas.or.us Shelf Life Need a Professional Photograph? We re in the process of scheduling portrait sessions for CCBA members with a local photographer. Please let me know if you are interested. New Materials I d like to thank the CCBA, and most especially President Jack Lundeen, for writing a Letter of Support for the Oregon Council of County Law Libraries (OCCLL) LSTA Grant Application Proposal. As a member of the OCCLL Grant Committee, I believe this grant would help strengthen and improve all Oregon county law libraries. OCCLL has already developed an action plan to explore ways of sharing resources in an attempt to make more legal information available to more Oregonians. However, OCCLL is a small, organization with no funding or staff and the participating librarians have limited time and resources. The purpose of the grant is to hire a consultant to help OCCLL become a more formal organization with systems in place for collaboration, negotiating shared purchasing agreements, developing statewide standards and helping public law libraries achieve those standards. County law libraries are the backbone of an already scanty public infrastructure for helping Oregonians with their legal disputes. We are the only public legal resource available to all Oregon citizens, including attorneys, without discrimination. Many public law libraries are struggling, however, to meet the needs of their patrons. In precarious economic times, OCCLL is seeking ways to continue providing and improving public access to legal information and resources. Obtaining this grant would greatly help us in this endeavor. Books: Advising Small Businesses, v. 3 Appleman on Insurance, 2d, v. 32, 33, & supps. Causes of Action, v. 37 Child Custody and Practice Commercial Real Estate Leasing, v. 1, 2, supps. Corpus Juris Secundum, v 31A, 32, & 32A Oregon Digest, 2d, v. 11, 11A, 11B, 12, & 12A Oregon Reports, Court of Appeals, v. 219 Pacific Reporter 3d, v Washington Practice, v. 6B & v. 33 West s Oregon Revised Statutes Annotated, v. 21, 39, & 40 What s It Worth? A Guide to Personal Injury Awards and Settlements Words and Phrases, v. 10, 10A, & 10B CLEs: 2008 Workers Compensation News Best Practices: 21 st Annual Family Law Seminar Changing Face of Commercial Litigation E-Discovery: Bridging the Gap Between the Law and the Technology Estate Planning for Protected Persons and People with Disabilities

6 The Bar Tab - September Page 6 CCBA Attorney Profiles: Art Knauss & Ben Kim This is the third in a series of articles featuring two members within the same practice area - one newer to the profession and the other, well, a little more seasoned. Art Knauss 1. What drew you to the practice of law? I m a child of the 60 s who naively thought I could make the biggest impact on society by practicing law. JFK s death further motivated me, although I confess I flipped a coin after taking the LSAT and Business test and it came up the law. I knew I didn t want to be a (the best professor I ever had) titled Revolution. dentist like my father. I ll also confess I m still a NW Law School with Jacque Jurkins, who taught me flaming liberal. how to perform legal research, and Judge Robert 2. How did you end up practicing law in Clackamas Jones, who taught evidence and saved me from flunking the bar.literally. County? 6. What aspects of your work do you enjoy the most? I went to night law school at Northwestern and clerked for 2 judges, four years spent with Judge Bill Frazier - a tremendous judge and person. Since I knew every lawyer and judge in Clackamas County and grew up in Lake Oswego, it was a no brainer. 3. How long have you been an attorney? What other kinds of work have you done? I ve been an attorney since Before that, I was an Army mortarman (flunked the test but no one cared), sent to Vietman, worked in the awards and decorations office, then later in the education center (tee-heeing with the officer s wives who taught the troops). I also built laminated beams and worked in a warehouse. 4. What area(s) of law do you practice? 1/2 family law with lots of custody/parenting disputes and 1/2 criminal law (board member of CIDC). I did several capital cases against Jon Haub, now a US attorney, because he wouldn t waive the death penalty even though we didn t have one during that time, and against Andy Eglitis, the best trial lawyer I ever faced. Happened to do Dayton Leroy Roger s first round. 5. What is your educational background? How do you feel it prepared you for the work you do now? Honors College at U of O in political science is where I first learned to speak out in a class by Dr. Davies Most: Helping people truly in need, especially divorcing parents. I really enjoyed doing mental hearings as a pro-tem judge for years although I left the hospital in tears a few times. Mental health court is my current favorite gig. I m often appointed mentally compromised individuals, which is invariably challenging work, but very rewarding. Least? Not having enough time in the day and having too little down- time to spend with my family. 7. What have you learned about being an attorney that you did not expect? All I can say is what I say every morning when looking in the mirror: I can t believe they pay me to do this! Try saying that every day it works. 8. What advice would you give to other new attorneys, or attorney hopefuls? First, find a great assistant and hope you have a patient spouse. These can never be the same person. Develop a thick skin, leave your ego at the door, be kind to the judicial staff, develop patience, have empathy for others no matter their station in life (everyone has an interesting story to tell you if you just try), and most importantly, don t celebrate when you win (the facts decide the case, not you) and don t get down when you lose (the facts decided the case).

7 The Bar Tab - September Page 7 9. What do you hope, or expect to be doing with your career five years from now? Still practicing, but travelling to Tuscany every year (I am Arturo you know). 10. Who is your favorite CCBA member and why? Ben Kim, my new best friend, because he promised to name me. Also, the late Judge Gilroy who mentored me all along and gave me the best advice: Your word is your bond, don t mess that up, ever. One of my favorite parts of being in this bar is getting to know and interact with my colleagues and the judges we are blessed with a great bunch of people. Ben Kim 1. What drew you to the practice of law? I majored in Political Science in college. Why? I have no idea. Did I want to be a Political Scientist? I don t even know what a Political Scientist is. I might as well have majored in Modern Elizabethan Poetry. So with an utterly useless degree, I needed to get one that was more productive. Law seemed productive. I saw TV. I knew what a lawyer was. 2. How did you end up practicing law in Clackamas County? I moved here with my family three years ago from Los Angeles. I live in Clackamas County, so I thought it would be a good idea. Coming from Los Angeles County, I thought I would just end up practicing in one county. Little did I know that I could drive thru three counties on my lunch hour. 3. How long have you been an attorney? What other kinds of work have you done? I ve been an attorney since 1995 and practiced in Oregon since I ve mostly only practiced criminal law except for a temporary loss of my senses where I worked for a large civil firm for 8 months (7, with good time credit). I was a Deputy District Attorney in Los Angeles. I am a defense attorney here. With 15 years experience, I was a little surprised to be considered a new pup. That is, until I found out that I was being profiled with Art Knauss. Then, I understood. I guess even a mature oak tree is new when compared to something older. Like dirt. 4. What area(s) of law do you practice? I only practice criminal defense, primarily in Clackamas, Multnomah, and Washington counties. 5. What is your educational background? How do you feel it prepared you for the work you do now? My undergraduate studies were at the University of California at Berkeley where I was a thoughtful Republican in a sea of rabid liberal democrats. I reflected on my political beliefs and then went to Boston University School of Law where I was a reasoned Democrat in an ocean of fanatical conservative Republicans. It taught me an important lesson: I am always on the correct side. 6. What aspects of your work do you enjoy the most? I enjoy helping my clients and making sure their voice is heard, making sure justice is served and that they are acquitted. (This newsletter is distributed to everyone including potential clients, right?). Least? After years of working for a governmental agency, to then open my own private practice, I was surprised to find that office supplies do not automatically appear. They sell things like post-its at stores and I have to get them. Go figure. 7. What have you learned about being an attorney that you did not expect? Again, that thing about the post-its was a big one. Other than that, and limiting my answer to criminal defense attorneys, I think very good attorneys don t simply look to have their clients acquitted (though that s good too) but often times, good attorneys often just help their client find a softer place to land. 8. What advice would you give to other new attorneys, or attorney hopefuls? Get one of those attorney joke books so you know what all your friends are saying about you behind your back. That, and if possible, develop a relationship with older, respected attorneys who can provide invaluable advice, help you with your practice, help you with local rules and be a sounding board for issues. It s even better if its someone you can make jokes of his advanced age, because that s just plain fun. 9. What do you hope, or expect to be doing with your career five years from now? After 15 years, I have pretty much determined that law is more than just a hobby. I expect I will still be a criminal defense attorney. Unless my Powerball number hits. Then, law might Continued on page 11.

8 The Bar Tab - September Page CCBA Summer Picnic Hosted by the Kellys and Enjoyed by All! Above: The Kellys and The Games Above: Greg Oliveros, Kristen David & Diane Rader Below: Karen Brisbin and Kathleen Rastetter Below: Larry Peterson with Bogey (and the Herron boys in the pool)

9 Perspectives: Some Do s and Don ts at Trial by Judge Douglas Van Dyk The Bar Tab - September Page 9 Here are some things that may be obvious to some but not to others: 1. Be polite always: The best lawyers find ways to be polite, even when asking tough questions of the most hostile witnesses. You may be firm without haughtiness or condescension. 2. Speak Human : With juries use words and phrases that lay people recognize and understand. Juries do not understand lawyer-speak so don t use phrases like voir dire or talk about discovery. Nor will a juror recognize medical terms like palliative care or soft tissue injury. If it is necessary to use technical or unfamiliar language, then have the witness explain the terms. 3. Communicate through Judge: All communications should be directed to the Judge. Do not get into a back and forth at counsel table with your adversary. 4. Evidence is organized: Mark your exhibits in advance and submit a list to the court. See UTCR If you have more than ten, place them in a binder with an index and tabs and have a copy for the judge and opposing counsel. 5. Handle Exhibits Properly: Before showing the document to a witness, show it to opposing counsel, or direct opposing counsel to it by referring to its number. If you intend to offer it, have the witness identify it, then offer it. Do not engage in a dialogue with opposing counsel about it (e.g., Hey Joe-Bob, are you going to object to this? ) 6. Discovery is complete: Show up with the evidence you need. Schedule depositions and document production sufficiently in advance of trial so that, if the adverse party does not cooperate, you have time for a motion to compel. In a typical civil case, trials will not be set over because you believe your adversaries failed to produce documents.

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11 The Bar Tab - September Page 11 Clackamas Circuit Court News Changes to the Family Law Facilitation Program Significant Fee Changes Effective October 1, 2009 As you know ORS was enacted in 1999 and the Family Law Facilitation Program was created with the sole purpose to assist litigants in domestic relations or other family court proceedings The statutory purpose of the program is to provide assistance to self represented litigants with educational material, court forms, assistance in completing forms, information about court procedures and referrals to agencies and resources that provide legal and other services to parents or children. Clackamas County Circuit Court was not authorized a Family Court Specialist until 2004 at which time Elizabeth Vaughn was hired. We soon discovered one person was not sufficient to meet the needs in Clackamas County. As time went on we were able to create another position and hired Bryan Marsh, which increased our ability to serve self represented litigants. Due to budget cuts brought on by Oregon s economic crisis we have had to reduce our services in this area and Elizabeth is on her own again. Over the years, in the interest of providing good customer service, Elizabeth has tried to be available to attorneys and their staff to answer some of their domestic relations questions. Unfortunately, with her limited time, she will not be available for the number of calls she has been receiving. If you have a procedural question that is not answered by reviewing our Supplemental Local Rules or the Lawyer s Survival Guide (available at Clackamas), please contact the appropriate operational unit for assistance. Thank you for sensitivity to the Family Law Facilitation Program in this difficult time. There are significant changes in the Clackamas County Circuit Court fee schedule effective October 1, There are changes to existing fees, as well as new fees that you need to be aware of. Please review House Bill 2287 for a complete description of the upcoming changes. In addition, the Court has posted a DRAFT fee schedule at Clackmas and will post the final version soon. The DRAFT fee schedule is subject to change, and we fully expect that there will be some changes between the DRAFT version and the final version that is effective on October 1, Our main purpose for making this available is to let you know that the fee changes are coming. There will not be a grace period for the implementation of the October 1, 2009 fee schedule, so please take some time to review the upcoming changes. Filings that require fees and do not include fees or include the incorrect amount may be rejected without further notice to the filing party. Some of the new fees of particular importance are: 3 rd Party Complaint Fee; Fee per party (for each additional initiating party named on the pleading); New fees for filings for recovery of money or damages based on the amount claimed; Probate annual accounting fees; Settlement conference fee; Ex Parte order or judgment fee (submissions for judicial signature); Bench probation fee and probation violation assessments; Diversion program administration fee; and Expunction fee. Profiles: Art Kim (continued from pg. 7) become a hobby. The kind where you buy all kinds of gear that later sits around in your attic collecting dust. 10. Who is your favorite CCBA member and why? Hands down. Arthur B. Knauss. At his age, I m impressed he s still walking.

12 The Bar Tab - September Page 12 Brisbin Sworn in as New Justice of the Peace On June 15, 2009, Karen Brisbin was sworn into the Justice of the Peace position for the Clackamas County s newly-formed Justice Court.

13 The Bar Tab - September Page 13 Clackamas Women Lawyers Keep Busy Calendar by Bonnie Carter Clackamas Women Lawyers, the youngest chapter of the statewide Oregon Women Lawyers, continues to keep a busy calendar of rotating CLEs and social events. For the second summer in a row, the chapter hosted a summer picnic. This second annual summer picnic was held July 26 in West Linn and was attended by approximately 30 people. Members were able to socialize over hot dogs, burgers, and potluckstyle sides with other practitioners, County and Federal judges, and spouses. For the children, it was mainly an opportunity to play in the wading pool at Sunset Park. The Chapter's August social, the group's first event in Lake Oswego, was hosted by Jaye Taylor. More than 30 people enjoyed networking over hors d oeuvres at the Buckley LeChevallier firm, as well as a surprise birthday cake for Chapter President Carol Anne McFarland. September and October CLEs on "Making the Record" and "Interpretive Services," respectively, will be followed by a social the first week of November. The Chapter is also gearing up for elections, to be held by /fax/mail to Chapter Vice-President Angela Lucero France. Votes are due by December 1 so that the new officers can be introduced at the second annual Holiday Party -- this year generously hosted by Chapter Board Member Kathleen Rastetter. The Oregon Women Lawyers mission is to transform the practice of law and ensure justice and equality by advancing women and minorities in the legal profession.

14 The Bar Tab - September Page 14 CCBA Roast and Toast: Judge Deanne Darling As one can imagine, the CCBA s roast of Deanne Darling was a raucous affair. Guests were first treated to a slideshow chronicling the life and times of Deanne (thanks to the great editing efforts of our very own ex-ccba President Kristen David). A short video presentation highlighting clips from the oral history interview of Judge Darling (conducted by CCBA oral historian Michael O Rourke) followed. Tales from Judge Darling s sibling, former law partners and other colleagues wrapped up the night with exuberant tales, moderated by Ken Stewart. Judge Darling took full advantage of her rebuttal time and even came armed with a catcher s mitt for errant dinner rolls!

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16 Announcements & Advertisements Partner and Litigation Attorney - Estacada, OR. Small two attorney firm needs a litigator to replace outgoing partner. Two years experience and OSB membership required. Prefer family law, business and/or other civil litigation experience. Reply to EstacadaLaw@yahoo.com or fax (503) Office Space - Oregon City, Warner Milne Rd. Separate suite in office building with six other attorneys. Approximately 540 sq. ft. with own entrance. Suite has reception area, private office and storage. Possibility to share photocopier and fax, and get overflow work. Two conference rooms, staff break room. Very close to county office buildings, juvenile court and jail. Two single offices also available. Call Tom: (503) Downtown Shared Office Space for Rent - Lake Oswego. Shared office space available with secretarial station. Fax and copier on site. Shared conference room. Plenty of parking. 2 blocks off of Highway 43/State Street. Contact Steve Bedor or Deanna Rusch at Oregon City Office- John Henry Hingson III has an office available in his building at 409 Center Street. Close to elevator; off-street parking; law library; conference room; share copier, fax, etc. with three other lawyers Are you a successful attorney looking for a new firm with which to grow and prosper? Are you looking for an organization that has large-firm expertise but provides the hands-on client care of a boutique firm? Are you looking for partners who understand the value and importance of both individual and team efforts? Are you interested in being challenged as an attorney while remaining closely involved with your family? Do you have an established book of business and hopes of growing it? We are a mid-sized firm that offers world class legal expertise to clients here in the Portland Metropolitan area. With 7 partners, 9 associates, and 14 staff members, we are large enough to handle nearly all of the legal needs of our clients, yet we are small enough that we know each other well and enjoy the work we produce as a team. Our firm has been located on Kruse Way for 20 years, taking early advantage of the tremendous growth and opportunities of the entire Portland metro area. We are looking for attorneys that will continue to predict, capitalize and seize the next opportunities to grow the firm s practice. If this model of practicing law appeals to you, please contact our Office Manager, Maureen Sharp, at or mts@buckley-law.com. CCBA Member Jeannette Moore (former clerk to Judge Selander) has recently joined THE GILROY LAW FIRM, 7307 SW Beveland, Ste 200, Tigard, OR ( ). c/o Clack. Co. Law Library 821 Main St., Room 101 Oregon City, OR

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