April 2023 Multnomah Lawyer

New Options to Help in Ongoing Court Appointed Attorney Crisis

by Hon.

The right to appointed counsel for those who cannot afford one has been a universal constitutional right in state cases only since the US Supreme Court issued the landmark decision Gideon v. Wainwright, 327 US 336, in 1963. Though in place only a relatively short period of time since legal rights were recognized 800 years ago, that right is perhaps the most important evolution in the fabric of modern criminal jurisprudence. Our criminal justice system is now structured with this fundamental precept at its center. ORS 135.045 codifies this right by requiring a court at the time of arraignment to determine whether the defendant wishes to be represented by counsel and, if so, to appoint counsel for anyone financially eligible.

And so it has been, day in and day out for many decades, that Oregon courts have stood at the nexus of ensuring competent counsel for all who face the rigors of criminal prosecution and the loss of liberty - until this fundamental constitutional right, long overburdened, began a significant unraveling now well into its second year.

As Chief Criminal Judge for Multnomah County, I manage the court processes involved in appointing attorneys. I first started noticing in the summer of 2021 the lengthening delays to find new attorneys to take on clients following a substitution. A significant percentage of substitution hearings involve people in custody on very serious charges. The delays over the summer and fall continued to increase and to my great dismay, the weeks turned to months by the end of the year. These cases require substantial investigation, negotiation and preparation, all of which stall as the person languishes in jail waiting for an attorney. Victims are left with their own constitutional rights diminishing or even vanishing altogether.

On January 10, 2022, Metropolitan Public Defender (MPD) announced it would not be able to accept new appointments in minor felonies (generally non-Measure 11 felonies) for several weeks. Multnomah Defenders, Inc. (MDI) followed a few weeks later. They were following ethics opinions and new case counting standards adopted by the Oregon Office of Public Defense Services in response to a recommendation from a legislative-commissioned evaluation by the Sixth Amendment Center.1 Exacerbated by case delays experienced during the pandemic and accelerating staff turnover, case counts exceeded what the agencies say they ethically could accommodate.

Disruptions in public defense services are not exactly unfamiliar. A recession-generated revenue shortfall late in the 2001-2003 biennium led to drastic cuts that postponed appointments in all misdemeanors and minor felonies for the last few months of the biennium. Public defender challenges have persisted across many jurisdictions for many years as detailed in various reports by the ABA Standing Committee on Legal Aid and Indigent Defense, including its most recent report, an analysis of attorney workload standards in Oregon in 2022.2

When faced with the challenge in early 2022, local criminal justice system stakeholders scrambled. Minor felonies represent the majority of Multnomah County’s criminal cases. We collaborated to keep the system functioning as much as possible. Attorneys in other counties stepped up. Local consortium members absorbed what they could. Many cases, including major felonies and person crimes, continued to receive attorney appointments.

Public defenders are on the front lines where individuals with high risk, high acuity and high needs intersect with a productive and safe community.

We hoped we would be back on track with all appointments within a few weeks, or at the longest, a few months. It wasn’t long before optimism gave way to resignation then to bleak reality. The numbers tell the story. In December 2021, there were 60 people throughout the state who were unrepresented, 19 in custody. In early March, there were 780 unrepresented people, 71 in custody. In Multnomah County in early March, there were 382 people out of custody waiting for attorneys and 11 people in custody. This does not include people in warrant status, 567 in Multnomah County, or the hundreds more waiting in the wings to be charged pending better availability of attorneys.

1 www.bit.ly/6ac-report

2 www.bit.ly/sclaid-report

Due to the COVID-19 pandemic, the MBA will be offering all seminars ONLINE ONLY unless otherwise listed. To register for a CLE seminar, please see p. 3 or visit www.mbabar.org/cle and input your OSB number to register at the member rate.

4.4 Tuesday Residential and Commercial Foreclosures in Oregon

Hope Del Carlo Tony Kullen

4.5 Wednesday

Judicial Notice

Judge Teresa H. Pearson

Judge Katharine von Ter Stegge

4.6 Thursday

Racism in Oregon History: A Brief Overview

Eliza Cany-Jones

Kerry Tymchuck

4.10 Monday

Arbitrations in Oregon: The What, Where, Why, and How A.C. Estacio-Heilich

Brad Krupicka

Heather St. Clair

4.12 Wednesday

State and Local Initiative Process

Justice Stephen K. Bushong

Steve Berman

Katherine Thomas

4.18 Tuesday

Ethical Duties Concerning Self-Represented Litigants

Judge Christopher Ramras

Nellie Q. Barnard

4.19 Wednesday

Family Law Update

Judge Susan M. Svetkey

Patricia Arjun

Amy Fassler

4.25 Tuesday

Crisis Communications: Helping Your Clients Survive Both in the Court of Law and in the Court of Public Opinion

Jenna Cooper

Tim Resch

Dave Thompson

Multnomah Lawyer

MBA Board of Directors

President Tim Resch

Secretary and President-Elect

Theresa L. Wright

Treasurer

John Robb

Past President

Jovita T. Wang

Directors

YLS President

Nikki Abercrombie

Austin Batalden

Matthew D. Colley

Sherisa Davis-Larry

Eryn Karpinski Hoerster

Brad Krupicka

Hansary Laforest

Aruna Masih

Gloria J. Trainor

Shalini Vivek

Executive Director

Guy Walden

Director, Events & Programs

Kathy Modie

Office & Foundation

Administrator

Pamela Hubbs

Member Services Administrator

Ryan Mosier

Program Coordinator

Pao Vang

MBF Board of Directors

President Joseph L. Franco

Vice President

Tyler J. Volm

Secretary/Treasurer

Yoona Park

Past President

Victoria Blachly

Directors

David I. Bean

Danielle L. Fischer

Pilar C. French

Hon. Amy Holmes Hehn

Anit K. Jindal

Leah C. Lively

Bob Steringer

June M. Wiyrick Flores

The MULTNOMAH LAWYER is published 11 times per year by the Multnomah Bar Association, 620 SW Fifth Ave. Ste. 1220, Portland, OR 97204 503.222.3275

Advertising is accepted; advertisers(ments) are not necessarily endorsed by the MBA. The editor reserves the right to reject any advertisement.

DEADLINE for copy: The 10th of the month*

DEADLINE for display ads: The 12th of the month*

*or the preceding Friday, if on a weekend.

NEWSLETTER STAFF CONTACTS

Editor: Guy Walden

Display Advertising: Ryan Mosier

Classified Advertising: Pao Vang

Design: Cyrano Marketing Solutions

Copyright Multnomah Bar Association 2023

Join an MBA or YLS Committee Terms Begin

Autumn 2023

Calendar

Rewards of Volunteering

Participation on an MBA or YLS committee is an excellent opportunity to become more active within the legal community, to further develop leadership skills, and to collaborate with colleagues. Most committees meet virtually for one hour once a month, September through May.

New volunteers are sought in the spring. Appointments are typically made during the summer, and terms begin in autumn. The MBA and YLS presidents review committee applications and make appointments based on need. If you are selected for a committee, we will be in touch with next steps.

MBA Committee Descriptions

CLE: Plan, conduct and evaluate 40 CLE seminars, focusing on members’ primary areas of practice.

Court Liaison: Foster constructive dialogue with the Multnomah County Circuit Court Presiding Judge and Trial Court Administrator with regard to current court practices, or to rules or procedural changes before they are implemented by the court.

Equity, Diversity & Inclusion: Foster and expand equity, diversity and inclusion in the MBA and Multnomah County legal community and create and strengthen a relationship of mutual support between the MBA and diverse bar organizations. The committee also administers the Diversity Award screening and selection process.

Events: Plan social and networking events, and fundraising events including the annual golf tournament to benefit the Campaign for Equal Justice and Volunteer Lawyers Project.

Judicial Screening: Confidentially review applications of pro tem and judicial appointment candidates, and report recommendations as called for by the MBA Boardapproved process.

Professionalism: Promote principles of professionalism within the legal profession, through “The Corner Office” article, Professionalism Statement, Mentor Program and professionalism training programs. The committee also administers the Professionalism Award screening and selection process.

To volunteer for a committee, complete and return the form enclosed in this issue, or apply online at:

www.mbabar.org/volunteer

Public Service: Explore new ways for lawyers to assist those in need in the community, in partnership with the court, pro bono and social service providers, and other stakeholders.

Solo/Small Firm: Focus on programs and services that are of value to small firms and solo practitioners.

YLS Committee Descriptions

YLS CLE: Organize 27+ MCLEaccredited seminars, with content intended specifically for newer attorneys. Provide additional professional and career development seminars for the YLS membership.

YLS Membership: Assist in recruitment and involvement of MBA young lawyer members, encourage member participation in the YLS, and organize a variety of networking activities for YLS members.

YLS Pro Bono: Provide leadership and professional development opportunities for young lawyers in pro bono work. Administer the local Wills for Heroes Foundation clinic, providing estate planning services to first responders.

YLS Service to the Public: Provide programs to engage young lawyers in community outreach activities that educate the public about the legal system, the positive role of attorneys in society, and the legal resources available to the community.

MBA Members Support the MBF

Thank you to the following 2022 and 2023 members who gave more than the $25 suggested donation to benefit the Multnomah Bar Foundation (MBF) when paying their MBA membership dues.

When you support your foundation, you’re giving back to the community, improving access to justice, and supporting the courts.

Gabriel Chase

Paul Duden

Charles Greeff

Anita Manishan

Katherine O’Neil

mba EVENT

SOLVE Clean-Up

Thursday, April 14, 3-5 p.m.

The MBF mission is to increase the public’s understanding of the legal system, to promote civic education, public participation and respect for the law, to improve the quality and administration of the legal system, and to support programs and projects related to the MBF’s purpose.

For more information or to make a donation, contact Pamela Hubbs (503.854.5237, pamela@mbabar.org).

194 Waterfront Park Trail, Portland

The YLS Service to the Public Committee and the MBA Public Service Committee are excited to co-sponsor an April litter clean-up event with SOLVE in honor of Earth Day and Earth Month.

Volunteers will meet near the Battleship Oregon Memorial along the waterfront in downtown Portland. Clean-up supplies (trash grabbers, trash bags, work gloves, and high-vis vests) will be provided by SOLVE.

Sign Up to Participate

To participate in the event, visit the SOLVE website at the following address and select the green “register” button at the bottom of the page.

www.bit.ly/solve-cleanup

Questions?

Please email Gemma Nelson at gemma@eoplaw.com or Crystal Hutchens at chutchens@rose-law.com.

Register at www.bit.ly/solve-cleanup

CLE

Residential and Commercial Foreclosures in Oregon

Tuesday, April 4 3:30-4:30 p.m.

Remote attendance only via Zoom

Members $30/Non-Members $50

While it does not appear that we are headed for another housing crisis like occurred after the 2008 crash, with mortgage interest rates at levels not seen since 2007, household incomes being consumed by increased costs due to inflation, and the ongoing affordability issues in Oregon housing, against a backdrop of the expiration of COVID-related homeowner protections, we are likely entering a period of increased defaults and foreclosures. On the commercial side, with vacancies in Portland commercial real estate around 30%, we may also see an increase in commercial foreclosures as well. This seminar, led by Hope Del Carlo of Elemental Law, and Tony Kullen of Farleigh Wada Witt, will provide a primer on the Oregon foreclosure process (both judicial and non-judicial), pre-foreclosure mediation, defensive strategies for borrowers in, or at risk of, default, and foreclosure alternatives, including short sales, loan modifications and deeds in lieu of foreclosure

For more information: Contact Holly Hayman, Farleigh Wada Witt, at 503.228.6044. For registration questions, contact the MBA at mba@mbabar.org.

Judicial Notice

Wednesday, April 5 Noon-1 p.m.

Remote attendance only via Zoom

Members $30/Non-Members $50

Join us for a discussion with US Bankruptcy Court Judge Teresa H Pearson and Multnomah County Circuit Court Judge Katharine von Ter Stegge about the use of Judicial Notice in federal and state courts. Topics will include procedure regarding Judicial Notice, comments for practitioners, and observations from the judges about Judicial Notice and other evidentiary tools used effectively in their courtrooms.

For more information: Contact Holly Hayman, Farleigh Wada Witt, at 503.228.6044. For registration questions, contact the MBA at mba@mbabar.org.

Additional class descriptions on page 4

CLE Registration Form

The MBA will apply for general OSB MCLE credit unless otherwise noted; Washington credit may be obtained independently. Registrants who miss the seminar may request the written materials. Substitutions are welcome. Registration fees are non-refundable.

Unless otherwise noted, all classes are held online.

Racism in Oregon History: A Brief Overview

Thursday, April 6 Noon-1 p.m.

Remote attendance only via Zoom

Members $30/Non-Members $50

Note: One hour of Access to Justice OSB MCLE credit will be applied for. In December 2019, the Oregon Historical Society (OHS) published a special issue of its 120-year-old journal, the Oregon Historical Quarterly, on the subject of “White Supremacy & Resistance.” The issue offers an in-depth view of the ways Oregon history has been shaped by White supremacist ideology and policies - and resistance to those frameworks - for almost two centuries. The special issue joins many other OHS projects that engage Oregonians in the complex and diverse history of our state. Understanding how both racism and justice are at the heart of Oregon’s history are crucial to our ability to build a better future. In this presentation, OHS Boyle Family Executive Director Kerry Tymchuk and OHQ Editor Eliza Canty-Jones offer an overview of the importance of these subjects and invite attendees to access OHS resources for more learning.

For more information: Contact Rudy Lachenmeier, Dispute Resolution Law, at 503.207.6932. For registration questions, contact the MBA at mba@mbabar.org.

Arbitrations in Oregon: The What, Where, Why, and How

Monday, April 10 Noon-1 p.m.

Remote attendance only via Zoom

Members $30/Non-Members $50

Arbitrations, either through AAA, ASP, JAMS, or private arbitration, are playing a larger and larger part in civil dispute resolution. With the US Supreme Court’s decision to endorse class action waivers in Epic Systems Corp., arbitration has become even more prevalent. The recent trend of legislative barriers to private arbitration - including ORS 36.620(5) - are unlikely to turn the tide. Hear from Brad Krupicka and AC Estacio-Heilich, Lewis Brisbois Brisgaard & Smith LLP, and Heather St Clair, Lane Powell PC, on the theory, procedure, and practical issues of arbitration, including key issues in the drafting and enforcement of arbitration agreements.

For more information: Contact Brad Krupicka, Lewis Brisbois Brisgaard & Smith LLP, at 971.334.7010. For registration questions, contact the MBA at mba@mbabar.org.

Seminar Selection:

Please select the seminar(s) you wish to attend. Written materials for each class are included with registration. Pre-registration with payment is required to participate. Online attendees will be emailed a link priot to the class.

4/4 Residential and Commercial Foreclosures in Oregon

o Class Registration ($30 Members/$50 Non) $_________

4/5 Judicial Notice

o Class Registration ($30 Members/$50 Non) $_________

4/6 Racism in Oregon History: A Brief Overview

o Class Registration ($30 Members/$50 Non) $_________

4/10 Arbitrations in Oregon: The What, Where, Why, and How

o Class Registration ($30 Members/$50 Non) $_________

4/12 State and Local Initiative Process

o Class Registration ($45 Members/$70 Non) $_________

4/18 Ethical Duties Concerning Self-Represented Litigants

o In-Person Registration ($30 Members/$50 Non) $_________

o Online Registration ($30 Members/$50 Non) $_________

4/19 Family Law Update

Member Status:

o MBA Member

o Non–Member

Payment Options:

o Check o VISA o MasterCard

Online CLE registration strongly encouraged. Visit www.mbabar.org to register online. Registration forms with payment must be received in the MBA office by 3 p.m. the day before the seminar. Registration forms may be mailed to the address below. Accommodations available for persons with disabilities; please call in advance for arrangements.

Photocopy registration and mail payment to: Multnomah Bar Association 620 SW Fifth Ave., Suite 1220 n Portland, OR 97204 503.222.3275

o Class Registration ($60 Members/$95 Non) $_________

4/25 Crisis Communications

o Class Registration ($60 Members/$95 Non) $_________

4/28 Taking Uninsured and Underinsured Motorist Claims to the Next Level: From Proof of Loss to Arbitration

o Class Registration ($60 Members/$95 Non) $_________

5/2 Wait, What!? Ethics Rules Apply in Mediation?

o In-Person Registration ($60 Members/$95 Non) $_________

o Online Registration ($60 Members/$95 Non) $_________

5/5 Personal Injury Case Selection

o Class Registration ($45 Members/$70 Non) $_________

5/16 Taking and Defending Corporate Representative Depositions

o Class Registration ($45 Members/$70 Non) $_________

5/17 Dividing Oregon PERS Benefits in Divorce

o Class Registration ($60 Members/$95 Non) $_________ 5/31 Employment Law Update

o Class Registration ($30 Members/$50 Non) $_________

o Class Registration ($45 Members/$70 Non) $_________

Multnomah Lawyer

State and Local Initiative Process

Wednesday, April 12 Noon-1:30 p.m.

Remote attendance only via Zoom

Members $45/Non-Members $70

The initiative process impacts all aspects of state and local policy, from taxes to education to civil rights. Over the past few election cycles, advocates increasingly have turned to the initiative to influence local, as well as statewide, policy. In this CLE, Katherine Thomas, Assistant County Attorney for Multnomah County, Steve Berman of Stoll Berne, and Oregon Supreme Court Justice Stephen K Bushong, will discuss the state and local initiative process from three different perspectives - the governmental entity overseeing the process, the advocate seeking to advance or defeat an initiative, and the judiciary tasked with ensuring that process is applied consistently with the law.

For more information: Contact Brian Marshall, Oregon Department of Justice, at 971.673.1880. For registration questions, contact the MBA at mba@mbabar.org.

Ethical Duties Concerning Self-Represented Litigants

Tuesday, April 18 Noon-1 p.m.

Schwabe Williamson & Wyatt PC, 1211 SW 5th Ave, Ste 1900 and Online Participation via Zoom

Members $30/Non-Members $50

Note: One hour of Ethics OSB MCLE credit will be applied for.

What duties does a lawyer have when there is a self-represented party on the other side of a case? Sometimes the person is cooperative, sometimes not. The challenges presented by a self-represented party can sometimes be frustrating and even infuriating. How do you ethically approach a case with a self-represented party and still advocate zealously for your client? How do you properly confer with a pro se litigant and how might you best utilize alternative dispute resolution? Is there anything you can do to ease the case along? Our experienced speakers will assist us with learning how to work with self-represented parties. Our speakers are Nellie Q Barnard, Schwabe, Williamson & Wyatt, and the Honorable Christopher Ramras, Multnomah County Circuit Court Judge.

For more information: Contact Jon Strauhull, Multnomah County Attorney’s Office, at 503.988.3138 For registration questions, contact the MBA at mba@mbabar.org.

Family Law Update

Wednesday, April 19 3-5 p.m.

Remote attendance only via Zoom

Members $60/Non-Members $95

On Wednesday, April 19 the MBA will hold its annual two-hour Family Law Update. Multnomah County Chief Family Law Judge, The Honorable Susan M Svetkey, will be joined by Patricia Arjun of DBMA Family Law Group PC and Amy Fassler of Schulte, Anderson, Downes, Aronson & Bittner, PC for an in-depth discussion of recent Oregon Court of Appeals cases affecting domestic relations jurisprudence and Oregon family law practice. Our speakers will also provide family law practitioners with important information on recent changes, updates, reminders and practice tips regarding Multnomah County Family Court procedures and practice.

For more information: Contact Erin Morris, Morris Stannard & Batalden Family Law PC, at 503.461.0244. For registration questions, contact the MBA at mba@mbabar.org.

Crisis Communications: Helping Your Clients Survive Both in the Court of Law and in the Court of Public Opinion

Tuesday, April 25 3-5 p.m.

Remote attendance only via Zoom Members $60/Non-Members $95

Join Tim Resch, Managing Partner at Samuels Yoelin Kantor LLP, plus subject matter experts, Jenna Cooper, APR, and Dave Thompson, APR, Fellow, from C3 Collective Strategic Communications to learn what to do when your client’s reputation is threatened. They’ll review case studies and best practices in today’s world of cybersecurity threats, natural disasters, and global pandemics. As former broadcast journalists, Jenna and Dave will bring their crisis communications and media training expertise to show you how to protect your clients and your client relationships.

For more information: Contact Ian Christy, Miller Nash LLP, at 503.205.2416. For registration questions, contact the MBA at mba@mbabar.org.

Taking Uninsured and Underinsured Motorist Claims to the Next Level: From Proof of Loss to Arbitration

Friday, April 28 1-3 p.m.

Remote attendance only via Zoom

Members $60/Non-Members $95

Oregon Uninsured and Underinsured Motorist (UM/UIM) coverage has changed over the last several years causing confusion for both plaintiffs and defendants. The analysis and handling of Oregon UM/UIM cases can often be mystifying. To some, the statutory and policy provisions seem confusing at the onset. That confusion is multiplied by the frequency of changes that come from the Oregon courts. Just when you think you understand statutory or policy provisions, the court will issue a decision that adds a new trick to be understood. Like any skilled magician, the careful practitioner must be prepared to pull a rabbit out of their hat to prevail in the rapidly changing landscape of UM/UIM law. In order to properly evaluate and litigate these claims, you must become adept at navigating the twists and turns of the UM/UIM claims process and understand this continually evolving coverage. Join John R Bachofner, Bachofner Arbitration & Arbitration, and Melissa Bobadilla, Bobadilla Law PC, as they cover some of the more difficult UM/UIM issues.

For more information: Contact Rudy Lachenmeier, Dispute Resolution Law, at 503.207.6932. For registration questions, contact the MBA at mba@mbabar.org.

Wait, What!? Ethics Rules Apply in Mediation?

Tuesday, May 2 3-5 p.m.

Markowitz Herbold PC, 1455 SW Broadway, Ste 1900 and Online Participation via Zoom Members $60/Non-Members $95

Note: The MBA will apply for 90 minutes of Ethics and 30 minutes of General OSB MCLE credits.

Lisa Amato, Amato Mediation, Jeff Edelson, Markowitz Herbold PC and Ann Marshall, JAMS will lead an eye-opening discussion about ethical minefields in mediation that could land you in hot water. Mediation can be an effective and efficient way to bring cases to closure. But ethical considerations abound for both lawyers and mediators, including confidentiality, conflicts of interest, duties of fairness and candor, and the obligation to advance the client’s objectives. The panel will present and discuss several hypothetical ethical issues that are unique to the mediation setting and require thoughtful consideration and difficult discussions.

For more information: Contact Kathryn Roberts, Markowitz Herbold PC, at 503.984.3071. For registration questions, contact the MBA at mba@mbabar.org.

Personal Injury Case Selection

Friday, May 5 Noon-1:30 p.m.

Remote attendance only via Zoom Members $45/Non-Members $70

Leah Johnson, Gilroy Napoli Short Law Group, and Gretchen Mandekor Rosenbaum Law Group PC, experienced personal injury practitioners will offer advice on how to decide which cases to take and which not to take. The panel will discuss how to evaluate the merits of a case before committing and how to determine whether your skill and experience qualify you to handle the case. For more information: Contact William Gibson, Attorney at Law, at 503.307.1676. For registration questions, contact the MBA at mba@mbabar.org.

Taking and Defending Corporate Representative Depositions

Tuesday, May 16 Noon-1:30 p.m.

Remote attendance only via Zoom

Members $45/Non-Members $70

Federal Rule of Civil Procedure 30(b)(6) depositions present complex challenges for attorneys and serious legal risks for companies in pending and future litigation. In this presentation, Chad Colton and Molly Honoré of Markowitz Herbold will share their best practices and tips and tricks for preparing for, taking, and defending depositions of corporate representatives.

For more information: Contact Jamison McCune, Driggs Bills & Day PLLC, at 503.212.4475. For registration questions, contact the MBA at mba@mbabar.org.

Dividing Oregon PERS Benefits in Divorce: One System, Two Chapters, Three ‘Tiers,’ Four Plans, and a Thousand Land Mines

Wednesday, May 17 3-5 p.m.

Remote attendance only via Zoom

Members $60/Non-Members $95

Join (Q)DRO Attorney Stacey D Smith, Stacey Smith Law, for two hours of PERS/ OPSRP instruction. Learn everything you need to know to safely and successfully navigate the muddy waters of assessing and dividing Oregon PERS/OPSRP benefits. Gain a comprehensive understanding of the PERS system - the plans-within-theplan, the various distinctive benefit types and how to best approach division of each. Instructional materials will be available in PDF format (via email) prior to the event. For more information: Contact Mary Tollefson, Brindle McCormack PC, at 503.224.4825. For registration questions, contact the MBA at mba@mbabar.org.

Employment Law Update

Wednesday, May 31 Noon-1 p.m.

Remote attendance only via Zoom

Members $30/Non-Members $50

Join Laura Salerno Owens and Kathryn Roberts of the Markowitz Herbold PC firm for an engaging examination of recent trends in employment law. Laura and Kathryn represent both employers and employees and will present their perspectives from both sides of the v. Topics will include enforceability of non-competition agreements in light of recent federal trends, scope of nonsolicitations agreements, developments in paid family leave, trends in Title VII/ ORS 659A claims, and more!

For more information: Contact Ayla Ercin, Campaign for Equal Justice, at 503.295.8442. For registration questions, contact the MBA at mba@mbabar.org.

The Intersection of Title VI, Title IX and Title VII

Thursday, June 1 Noon-1:30 p.m.

Remote attendance only via Zoom

Members $45/Non-Members $70

What are the relevant legal standards for discrimination under the landmark 1964 Civil Rights Act? How could new Title IX regulations affect a cause of action under Title VII? Would new Title VII case law impact a plaintiff’s pending Title IX or Tile VI complaint? When would a plaintiff choose to use Title VI, VII or IX? How can a covered entity remain in compliance? Featuring Johnathan Smith, Deputy Assistant Attorney General, Civil Rights Division, U.S. Department of Justice. Moderated by Jonathan Strauhull, Senior Assistant County Attorney, Multnomah County Attorney’s Office.

For more information: Contact Jonathan Strauhull, Multnomah County Attorney’s Office, at 503.988.3138. For registration questions, contact the MBA at mba@mbabar.org.

mba ANNOUNCEMENTS

The District of Oregon Seeks Nominations for Ninth Circuit Lawyer Representatives

Being a lawyer representative is a rare opportunity to collaborate with federal judges and other federal practitioners in the District of Oregon and Ninth Circuit. Representatives serve three-year terms. Details are available on the Ninth Circuit Court’s website at this link: www.ca9.uscourts.gov/lawyer-representatives. The deadline to apply is May 5. To nominate yourself or someone else, please send a short statement of interest and resumé to Judge Youlee Yim You at youlee_yim_you@ord.uscourts.gov.

New Narrative Sponsorship Opportunity

New Narrative, a Portland-based nonprofit community mental health agency serving adults with integrative mental health services is seeking sponsors for their Annual Celebration Luncheon on May 25 at the Multnomah Athletic Club. To learn more about New Narrative, purchase tickets or sponsor the event, visit www.newnarrativepdx.org.

Pledge to Increase Access to Justice

Sign the MBA Pro Bono Pledge at www.mbabar.org/probonopledge and commit to taking at least one pro bono case in 2023. Visit www.mbabar.org/probono to discover pro bono opportunities in Multnomah County.

Weekend Lobby Hours Change at Inverness Jail

Due to ongoing staffing challenges, which the Multnomah County Sheriff’s Office is working to solve, the Inverness lobby will close at 3 p.m. on weekends, just as it does during the week. Any visits already in progress at that time will be allowed to continue. Additional information is available at www.bit.ly/inverness-hrs.

Noontime Rides

Join all ages of bicycle riders for noontime hill climbs on Mondays and Thursdays. Assemble at noon at SW Corner of Pioneer Square and leave together at 12:15 p.m., rain or shine. Frequent regroups. Mondays include rotating paceline around SW Fairmount; Thursdays go up through Forest Park. E-bikes okay. Great repeating interval workouts. Contact Ray Thomas, 503.228.5222, if you are a new rider or for additional details.

Rogue Farm Corps Seeking Board Members

Are you, or talented folks in your network, looking for unique opportunities to help support the next generation of farmers, and your community? Rogue Farm Corps (RFC), an Oregon nonprofit working to build a better food system, is seeking two to three people to join our Board of Directors. RFC is looking for board members with experience in real estate, land use transactions, cooperative business entities, or human resources. Please reach out to Maia Larson, maiaflarson@gmail.com, with questions or to apply.

Volunteers Needed to Serve as Courthouse Experience

Tour Guides

Classroom Law Project is seeking volunteers who can dedicate at least one weekday morning a month to guide teachers, students, and chaperones on courthouse tours. Training and support will be provided. Email Christopher Parrucci at cparrucci@classroomlaw.org for more information.

PDX Starting Grounds

The coffee café in the Central Courthouse offers beverages, breakfast, lunch and snack items. Open Monday through Friday, from 8 a.m.-2 p.m. See the menu or order online for takeout at www.pdxgrounds.com.

Pacific Coast Labor & Employment Law ConferenceApril 27-28

The 56th Annual Pacific Coast Labor & Employment Law Conference will be held on April 27 and 28 at the Seattle Convention Center (formerly the Washington State Convention Center). More details, including the full program with the list of speakers and topic is available at https://pacificlaborlaw.com/.

MBA Members Support the VLP

The Multnomah Bar Association thanks the following 2022 and 2023 members, who generously gave more than the $25 suggested donation to benefit the Volunteer Lawyers Project (VLP) when paying their MBA membership

Ethics Focus

Late last year, the OSB issued a new advisory opinion addressing “remote work.” As used in the opinion, “remote work” occurs when a lawyer resides in a jurisdiction in which the lawyer is not licensed but only does work through electronic means in a jurisdiction where the lawyer is licensed. Although remote work existed before the COVID-19 pandemic, the severe disruptions caused by the pandemic triggered many fundamental changes in the way lawyers practice - including remote work. The new Oregon opinion, OSB Formal Opinion 2022-200 (2022), aligns closely with an influential national counterpart, ABA Formal Opinion 495 (2020). The two opinions are available on, respectively, the OSB and ABA websites.

OSB Formal Opinion 2022200 examines remote work both from the perspective of a lawyer from another state moving here while continuing to practice in the lawyer’s licensed jurisdiction and an Oregon lawyer moving to another state and doing the same. In this column, we’ll survey both aspects of the Oregon opinion.

Before we do, however, three qualifiers are in order.

First, we’ll focus on situations in which lawyers do not plan to become OSB members and handle matters here. Formal Opinion 2022-200 expressly assumes that the lawyers involved, although physically located in Oregon, will only practice in their licensed jurisdictions.

Second, we won’t focus on lawyers who are practicing in exclusively federal forums where the admission requirements are set by federal, rather than state, law.

Third, lawyers who are in another jurisdiction temporarily to handle matters there should consult local equivalents to ABA Model Rule 5.5(c) - such as Oregon RPC 5.5(c) - that address temporary authorized practice in the jurisdiction concerned.

Electronic Geography: New OSB Opinion on Remote Work

by Mark J. Fucile Fucile & Reising LLP

Out-of-State Lawyers Moving to Oregon

Formal Opinion 2022-200 is predicated on a scenario where a lawyer is actively licensed in another state and becomes an Oregon resident. The lawyer, however, continues to practice exclusively in the lawyer’s licensed jurisdiction through technology such as email, mobile telephone and video conferencing. The lawyer does not work for Oregon clients, does not solicit Oregon clients and does not otherwise hold themself out as being admitted and available to practice law in Oregon.

Based on that scenario, Formal Opinion 2022-200 concludes that the lawyer is not engaged in the unauthorized practice of law in Oregon. Formal Opinion 2022-200 applies this conclusion both to lawyers who move here permanently and those whose presence is somewhat more transitory such as a Seattle lawyer who has a vacation home on the Oregon coast. Similarly, the opinion does not distinguish between lawyers in private practice and in-house counsel.

The Oregon opinion agrees with its ABA counterpart that the lawyer in the predicate scenario is not practicing law in Oregon:

ABA Formal Opinion No.

495 reasons that, from the perspective of the ABA Model Rules, a lawyer working remotely in circumstances similar to Question 1 is not engaged in the practice of law in the remote location. Rather, a lawyer in those circumstances is practicing law in the lawyer’s licensed jurisdiction - albeit from a physical location outside that jurisdiction.

ABA Formal Opinion No.

495 notes, at 3, that its conclusion is consistent with the underlying purpose of ABA Model Rule 5.5:

“ The purpose of Model Rule 5.5 is to protect the public from unlicensed and unqualified practitioners of law. That purpose is not served by prohibiting a lawyer from practicing the law of a jurisdiction in which the lawyer is licensed, for clients with matters in that jurisdiction, if the lawyer is for all intents and purposes invisible as a lawyer to a local jurisdiction where the lawyer

is physically located, but not licensed.” (Emphasis in original.)

ABA Formal Opinion No. 495 is persuasive and is consistent with the corresponding Oregon RPCs under the circumstances described in Question 1. Therefore, as long as Lawyer A practices exclusively the law of jurisdictions in which Lawyer A is licensed or otherwise authorized to practice law on behalf of nonOregon residents and Lawyer A does not hold themself out as being authorized and available to handle matters in Oregon, Lawyer A has not engaged in the unauthorized practice of law in Oregon under Oregon RPCs 5.5(a)(b). (OSB Formal Op. 2022200 at 3-4; footnotes omitted)

The Oregon opinion also agrees with ABA Formal Opinion 495 that “holding out” in this context generally means stating or implying that the lawyer is licensed in Oregon on the lawyer’s website, letterhead, or business cards.

Oregon Lawyers Moving Out-of-State

OSB Formal Opinion 2022-200 counsels that Oregon lawyers moving out-of-state while continuing to practice here remotely need to carefully review the law of the jurisdiction in which they are physically located because it - rather than Oregon - will control whether they are engaged in the unauthorized practice of law in that other jurisdiction. Again, the Oregon opinion mirrors ABA Formal Opinion 495 in that regard. Although the other jurisdiction controls what constitutes unauthorized practice, Oregon lawyers should remember that Oregon RPC 5.5(a) prohibits practicing in another “jurisdiction in violation of the regulation of the legal profession in that jurisdiction.” Further, Oregon RPC 8.5(a) vests the Oregon Supreme Court with disciplinary authority over Oregon lawyers regardless of their location. In other words, an Oregon lawyer who engages in the unauthorized practice of law in another jurisdiction is also subject to discipline in Oregon for that violation.

dues. Your support for access to justice is greatly appreciated!

Amelia Andersen

Gabriel

Chase

Paul Duden

Katherine O’Neil

The Portland Regional office of Legal Aid Services of Oregon (LASO) coordinates the VLP to increase access to justice by connecting low-income people with pro bono attorneys for legal assistance. The VLP primarily serves clients in Multnomah and Clackamas counties, with some projects assisting those in Hood River, Wasco, Sherman, and Washington counties.

The VLP provides free legal help to hundreds of low-income and elderly clients in matters relating to their physical safety, access to food and shelter, and other critical legal needs. Through the VLP, hundreds of lawyers volunteer thousands of hours to help Oregonians who couldn’t otherwise afford legal services.

To learn more about the VLP and how you can get involved, please visit LASO’s pro bono website Pro Bono Oregon at www.probonooregon.org. If you’d like to speak with a staff attorney/pro bono coordinator, please contact Shelby Smith (shelby.smith@lasoregon.org) or Brett Cattani (brett.cattani@lasoregon.org).

Around the Bar

Mark Kramer

Mediate to Success

After almost 40 years of family law litigation practice, Mark Kramer announces his new mediation practice - Mediate to Success - with a focus on family law issues to assist both self-represented and represented individuals. He will apply his experience from trying hundreds and settling thousands of cases to his mediation practice with the same dedication and thoroughness he has demonstrated in his legal practice. He will provide both in person (downtown Portland), Zoom and hybrid mediation. See www.mediatetosuccess.com. His litigation practice will continue through 2023.

the Oregon legal community for more than a decade, and comes from a nonprofit fundraising background.

Keller Rohrback

Keller Rohrback LLP is thrilled to welcome attorneys Keil Mueller and Joshua Ross, who join Yoona Park as partners in the firm’s new Portland office. Mueller practices in Keller Rohrback’s complex litigation group. He brings extensive experience litigating securities and financial fraud claims, environmental remediation cases, class actions, and shareholder and partnership disputes on behalf of government entities, investors, consumers and other plaintiffs.

property and contract disputes, consumer and securities fraud matters, class actions, and complex civil litigation.

Tonkon Torp LLP

Partner Michael Willes has been elected Secretary of Virginia Garcia Memorial Foundation Board of Directors. The Foundation provides fundraising and community relations support to Virginia Garcia Memorial Health Center, ensuring the continuation of vital primary care, dental, and pharmacy services to more than 45,000 people in Washington and Yamhill counties.

Willes is a member of Tonkon Torp’s Litigation Department. He represents clients in a broad range of business matters, including contract, trade secret, and securities litigation. He is one of a handful of Oregon attorneys who have tried a nine-figure federal jury trial.

Markowitz Herbold PC

The firm is pleased to announce the arrival of Adele Ridenour, Alexandra Rhee, and Nicholas Sanchez

After her nearly 15-year tenure at Ball Janik, Ridenour has joined the firm as of counsel. She will continue her commercial litigation, construction, insurance, and design-related disputes practice. Additionally, she advises educational institutions on Title

IX, including analyzing school facilities and new construction.

Rhee joins Markowitz Herbold as an associate from the Federal Bureau of Investigation (FBI) where she worked as an assistant general counsel for the litigation branch of the FBI’s Office of General Counsel. Rhee has extensive experience with eDiscovery, information governance, data privacy, and data security from her tenure at the Redgrave LLP boutique firm in Washington DC.

Sanchez joins the firm as an associate. Before joining the firm, he served as a law clerk for the Honorable Mustafa T. Kasubhai in the US District Court for Oregon and the Honorable Chief Judge James Egan for the Oregon Court of Appeals. Sanchez also worked as a deputy district attorney in Jackson County, Oregon.

Campaign for Equal Justice

Ayla Ercin was appointed to lead the Campaign for Equal Justice, a nonprofit that supports Oregon’s statewide legal aid programs.

Ercin takes the place of former Executive Director Maya Crawford Peacock who is leaving the organization after six years to serve as Executive Appointments Director in the office of Governor Tina Kotek. Ercin has worked at the CEJ as the Annual Fund Director since 2021. She is an attorney who practiced in

Ross splits his time between the commercial litigation group and complex litigation group. Ross represents clients in trust and estate litigation, shareholder disputes, breach of professional and fiduciary duty actions,

The Around the Bar column reports on MBA members’ moves, transitions, promotions and other honors within the profession. The submission deadline is the 10th of the month preceding publication or the prior Friday if that date falls on a weekend. All submissions are edited to fit column format and the information is used on a space-available basis in the order in which it was received. Submissions may be emailed to mba@mbabar.org.

VOLUNTEER TO REDUCE ABUSE

Guardian Partners seeks volunteers to meet with elder adults and disabled adults under Guardianship care to ensure they are safe and thriving.

Volunteer Monitors are at the heart of our mission to keep vulnerable Oregonians safe and thriving. You’ll be given training and ongoing support to be successful. Once assigned a case, you’ll meet with the Protected Person as well as their Guardian and furnish a report to the Court, identifying any evidence of abuse or neglect.

• Typical cases requires six hours of time.

• Highly flexible can be scheduled on your time at your convenience.

• Operating in Multnomah, Clackamas, Marion and Lane counties. More counties anticipated soon.

• The difference you make in a Protected Person’s life can be profound!

Michael Willes

Adele Ridenour

Alexandra Rhee

Nicholas Sanchez

Ayla Ercin

Keil Mueller

Joshua Ross

Yoona Park

New Options to Help in Ongoing Court Appointed Attorney Crisis

Continued from page 1

Few doubt the crucial role that court-appointed attorneys play in our criminal justice system. But people may not appreciate that they are a linchpin in the judicial system overall, the public safety system and our community. One need only look around to see tangible examples of how gaps in the public safety and health systems are affecting our neighborhoods. Public defenders are on the front lines where individuals with high risk, high acuity and high needs intersect with a productive and safe community. These intersections are where the justice system steps in to reduce risk. It cannot do so unless all of the necessary components are in place. There are many reasons why we find ourselves at this crisis, but the crux of it is that the numbers of people needing a public defender’s services, and the level of those individuals’ needs, significantly outpace the capacity.

There’s no single off ramp back to a fully-functioning public defense system. The legislature is working on financial and structural issues. Public defender agencies are working to stabilize staffing. Courts have engaged in significant process adjustments to support movement of cases. District Attorneys have been flexible and creative in case resolution. We’re more than a year in with ongoing vigorous efforts, but restoration and sustainability remain sadly elusive.

When the impact is viewed in its entirety, it becomes clear: We absolutely must resist routine denial of the fundamental constitutional right to a timely court-appointed attorney from being our “new normal.” The criminal justice arm of our legal system, while resilient, cannot accomplish this on its own. There is growing consensus that our legal community must bridge the traditional gulf between the criminal and civil practice areas to join together to adequately respond to the ongoing public defender shortage.

To this end, the Oregon Public Defense Services Commission (OPDS) has launched a new initiative, endorsed by the MBA.

The Supervised Civil Bar Attorney Initiative pairs experienced criminal defenders with civil practitioners. Participating civil firms sign a Memorandum of Understanding3 and designate attorneys for assignments and a liaison to work with a dedicated case assignment manager from OPDS. A participating civil attorney will be paid for their time, added on as an attorney of record, and be able to participate in all aspects of a case. Civil practitioners will assist in researching, writing and arguing various kinds of motions; work on issues in the rapidly developing area of electronic search and seizure; work on issues involving scientific and technical experts and admissibility of expert reports and opinions; and gain invaluable litigation and courtroom experience. They can also receive mentorship and training to develop trial advocacy skills. In turn, the criminal defender will gain critical capacity to take on additional cases they may not have otherwise been able to juggle.

Joining forces between the civil and criminal bars will resonate far beyond these tangible gains. Our community and leaders can be informed and inspired as lawyers work together to support the needs of our most vulnerable residents, giving life to the mission articulated by Justice Ruth Bader Ginsberg in 2014: “Lawyers have a license to practice law, a monopoly on certain services. But for that privilege and status, lawyers have an obligation to provide legal services to those without the wherewithal to pay, to respond to needs outside themselves, to help repair tears in their communities.”

A growing body of scientific evidence posits that in forests, trees of the same species are communal and form alliances with neighboring trees of other species. They communicate in underground fungal “mycorrhizal” networks to share water and nutrients, warn of dangers, and nurture saplings. They share a collective intelligence and develop cooperative, interdependent relationships. In doing so, they develop into thriving ecosystems, infinitely stronger together than alone. Certainly, in the face of the rents in the fabric of our justice system, we should aspire to do no less.

3 www.bit.ly/pdsc-mou

Even in uncertain times, we can help you find your JOY.

Tips From the Bench News From the Courthouse Objection, Leading!

Is It Worth It?

by Judge Christopher J. Ramras Multnomah County Circuit Court

As a lawyer, I found objecting to leading questions often unsatisfying. Even when sustained, opposition witnesses were keyed into what opposing counsel wanted; it was easy for them to restate the question and receive a prompted response. This article discusses making the most of objecting to leading questions.

The first step is to identify what a leading question is. OEC 611(3) addresses when leading questions may be asked; but doesn’t define the term “leading.” One has to go back nearly 100 years for case law defining the term.

“The test of a leading question is whether it suggests the answer on material matters, as it were, by putting the words or thought in the mouth of the witness to be echoed back.” State v. Sing, 114 Or. 267, 288 (1924) citing Underhill’s Criminal Evidence (3rd ed.) sec. 342. A question may suggest an answer based on its phrasing, extent of detail, tone of voice, emphasis on particular words or even nonverbal conduct. Laird C. Kirkpatrick, Oregon Evidence, sec. 611.05, (7th ed. 2020).

Notably, the fact that a question calls for a simple “yes” or “no” answer does not, in and of itself, make a question leading, even if the question “calls attention to a subject about which testimony is desired.” Coates v. Slusher, 109 Or. 612, 621 (1924) emphasis added. My experience has been that attorneys frequently misunderstand this last point, objecting when a question calls for a yes-or-no answer without suggestion of the desired answer.

OEC 611(3) generally prohibits leading questions during direct but allows them “as may be necessary to develop the witness’ testimony.” Such necessity may arise due to a witness’s confusion, fear, or immaturity, among other reasons. Thus, greater leeway is given for leading questions put to children, or people with cognitive limitations. In addition, OEC 611(1) allows the court to control presentation of evidence so that it is effective and efficient, as well as to protect witnesses from being harassed or embarrassed. In short, there are many exceptions to the general rule against leading a witness during direct.

Leading questions are ordinarily allowed during crossexamination; but may not be when a party is calling a witness identified with the opposing party. Kirkpatrick, supra, provides an example of a plaintiff’s lawyer not being allowed to cross-examine the plaintiff when the defendant has called the plaintiff to the stand.

With all these qualifications, when does it make sense to object to a “leading” question?

Many attorneys are not in trial regularly. Even those who are may have acquired rust during the gap in trials of the COVID years. Like anything, trying cases takes practice and improves with repetition. Objecting to leading questions can throw opposing attorneys off their game. I have seen attorneys become flustered and withdraw their question altogether rather than collect their thoughts and restate the question in non-leading fashion. This can also result in their witnesses becoming confused as to what they are allowed to answer. They may begin to respond with less detail and confidence, a distinct advantage for the side objecting.

One can quickly determine whether the opposition can effectively handle proper objections simply by making a few to test the waters. But suppose opposing counsel can quickly rephrase a once-leading question in proper form. What is the best strategy if they continue to lead?

The simple answer is to ask the judge to instruct them to refrain from asking further leading questions. Whether or not the judge agrees to do so, the judge will be cued into the issue. This makes it more likely they’ll side with you down the road. As with any objection, the fact you are not sustained on an initial “leading” does not mean you won’t be later, especially if you are highlighting a pattern that becomes clearer to the judge during the course of the trial. I have been surprised by attorneys who, overruled once, are reluctant to object again. As long as objections are stated in a neutral tone, I do not believe jurors are bothered by them. To the contrary, I believe popular culture has trained jurors to expect them. There is even a time to object in a tone of righteous indignation, but it is a tool you should use sparingly.

So, what is the takeaway?

When the other side is leading, throw out a few objections and see how it goes. Adjust accordingly depending on how they respond. Don’t hesitate to ask the judge to instruct opposing counsel to refrain from leading; a jury wants to hear from the witnesses, too, not just the lawyer’s version of what they think, saw or heard.

by Leslie Johnson MBA Court Liaison

Committee

Presiding Judge’s Report

- Presiding Judge Judith Matarazzo

Trials estimated to last longer than five days should be reported to the court six to eight weeks in advance. Contact Cheri Coe (Cheri.L.Coe@ojd.state.or.us, 503.988.3846). Holiday weeks and common vacation weeks require additional advance planning for judicial coverage.

Judge Matarazzo received notices as late as March about longer trials or late-arising conflicts (e.g., unavailable witnesses) falling during spring break. By the time this notice was received, the presiding court had already made many special assignments and didn’t have any more judges available. These problems should be foreseeable.

Judge Matarazzo reports that the court is still receiving many requests for postponement even though she has made it clear that older cases need to go to trial. She also notes that the court is seeing some difficulty with estimates for trial length. Many trials seem to be taking longer than estimated and that may be due in part to the bar being less familiar with the new courthouse. She encourages lawyers to be as realistic as possible with estimates of trial length and to notify the court with an updated estimate of the trial length as early as possible, at least six to eight weeks before trial, if not sooner.

Trials in Multnomah County are traditionally planned for Monday through Thursday, allowing judges to use Friday for other court business, like settlement conferences and special motions. The court will schedule Monday to Friday trials with appropriate notice.

The presiding court has received permission from Chief Justice Meagan Flynn to bring in senior judges for one-week assignments in Multnomah County. The senior judge in residence for the week may be assigned motions and settlement conferences and will be available to mentor new judges. Senior Judges Bloch, Kantor, Dailey, Tennyson, Bergstrom, Hodson, Walker, Litzenberger and LaBarre

are participating. Three weeks of each month one of the judges will be available as a resource.

Chief Criminal Judge Cheryl Albrecht is sending letters to everyone in custody without representation regarding their status, with guidance for contacting presiding court if they have pro se motions. The court is seeing an increase in the number of unrepresented defendants who are out of custody but have now been waiting over a year for a lawyer. Some unrepresented parties are preparing their own motions for dismissal for lack of a speedy trial. The court is prioritizing timely motion settings for both in custody and out of custody defendants.

Legislative workgroups have included discussions with the Oregon Judicial Department regarding the lack of defense representation and work to resolve this crisis is ongoing.

Courthouse UpdateBarbara Marcille, Trial Court Administrator

The Oregon Judicial Department presented to the Ways and Means Committee the week of March 6. The hearings were live streamed for the public.

In March, the court tested a new concept for pre-trial first appearances with the goal of making the arraignment process more meaningful for the accused.

Felony arraignments were moved to the afternoon for all defendants

in custody to allow more time for defense attorneys to confer with their clients beforehand. This was a two-week test. Data was collected and is being analyzed to determine how effective the test was, what refinements are needed, and whether there are changes which can be implemented in the near future.

Barb reported that a CourtSupport Founders plaque has been installed in the public area on the seventh floor. The plaque acknowledges the founding donors of the Multnomah Bar Foundation (MBF) CourtSupport program. CourtSupport provides the court navigator who staffs the information desk in the lobby to answer general questions and help connect the public with services within the courthouse. The MBF is planning a donor event to formally thank its CourtSupport founding donors.

The mask requirement at the Juvenile Justice Center was lifted effective March 1. This requirement was in place longer than at the main courthouse in consideration of the courtroom configurations, additional participants involved in juvenile hearings, and the older ventilation system at the Juvenile Justice Center. Wearing face masks is now optional although masks will continue to be provided by the court and available for anyone who wants one.

Referee Michael Riedel Judicial Profile

by London Ballard MBA Court Liaison Committee

In October 2022, Michael Riedel assumed the bench as a newly appointed referee for the Multnomah County Circuit Court, fulfilling a longtime goal of putting his nearly 20 years of litigation experience to work serving the community. He enjoys his new role as neutral arbiter where he finds he gets to do the right thing for the right reasons under the law, while deploying the principles of procedural justice. He presides over a wide variety of matters including small claims, landlord-tenant actions, civil commitments, stalking cases, criminal arraignments, DUII diversions, and traffic court. These dockets are high-volume and fastpaced, an environment he relishes.

Riedel grew up of modest means in small town Illinois and quickly developed a love for baseball (Go Cubs!) and politics.

When he was very young, his father became mostly deaf requiring Riedel to grow up quickly to assist his father with everyday life. Watching his father’s difficult life experience navigating his disability sparked a fire that would drive Riedel to become the first person in his family to attend college, finding education the key to helping his father and serving others. Riedel’s childhood experience instilled in him a raw empathy for others who experience difficult life circumstances, a lesson that he brings to his work today.

When Riedel was in kindergarten, his father, just after losing his hearing, opened a small janitorial business. This business set in motion Riedel’s strong work ethic, as most days after school and sports he would take to cleaning bathrooms and mopping floors at local businesses with his father. This continued throughout Riedel’s life, including throughout law school, perhaps at times to Riedel’s displeasure. He fondly recalls coming home after finishing his second-year law school exams and his father first asking, “How did finals go,” quickly followed by, “Well, great! Time to get in the van. We have to go clean.” Exhausted, he obliged his father, hopped in the van, and away he went to work.

Riedel attended undergraduate school at Western Illinois University in Macomb, Illinois and went on to attend law school at Northern Illinois University in DeKalb, Illinois. Originally, he planned to pursue politics, but that desire quickly evolved into a passion for criminal law. While in law school, Riedel met his future wife, Anna, on their mutual first day as graduate assistants at the campus recreation center. At the time, Anna was pursuing a master’s degree in public health. She had moved to Illinois from Portland, and during their relationship, she made it clear to Riedel that if he wished to marry her, they would return to Portland.

During law school, Riedel became fascinated with trial work and wanted to be in the courtroom as much as possible. A professor suggested that being a prosecutor was the way to

Referee Michael Riedel training at an MLB professional umpire school do that and off Riedel went to intern at his hometown district attorney’s office. It was there he discovered this career was for him. After graduation, he was invited to remain at the DA’s office as one of the youngest attorneys in the state. He remained for about three years, until he and Anna relocated to Portland in 2005.

After passing the Oregon bar exam, Riedel accepted a position with the Multnomah County DA’s Office where he served for seven years. Following this role, Riedel decided he wanted to pursue family law, an area of law he had also been passionate about since law school but had yet to practice. Upon leaving the DA’s office, Riedel accepted a firm position practicing as a family law attorney. When asked what he enjoyed most about family law, he remarked that as the father of two daughters, he most enjoyed the ability to impress upon other fathers the importance of being a present father He continued to explain that while divorce is often a painful time for the parties involved, it can be even more painful for the children, and it is exceedingly important to act with the children’s best interests at heart while traversing the harrowing divorce process.

Throughout his career, Riedel has volunteered extensively in the community. He has served on various city, park, and school committees, served as an HOA president, and represented children through the Multnomah County Family Law Children’s Representation Project. He hopes to impart the importance of public service to those around him and to his daughters.

Riedel enjoys spending his free time with his wife and daughters. He and his wife currently spend much of their free time supporting their girls in their various sports. He previously coached both girls’ club softball teams. With any remaining free time, which he admits is difficult to come by, he enjoys golfing, running (he’s completed three marathons), working out, and, most recently, he took up umpiring high school baseball. In fact, Riedel has enjoyed umpiring so much, he spent the better part of January in Florida at one of MLB’s Professional Umpire schools. There he engaged in intense training from current major league pro umpires, and if you ask, he will proudly show you photos of himself with the major league umps.

In Loving Memory William F. Schulte

October 25, 1941-February 14, 2023

An outstanding lawyer, honorable and ethical, as well as a kind and true gentleman, Bill will be greatly missed by all who knew him.

Bill Schulte was born in Portland, October 25, 1941 to William and Frances Kahn Schulte. Bill attended Grant and Lincoln High Schools, graduating in 1959. He attended Whitman College in Walla Walla, Washington, and graduated in 1963. His lifelong work ethic began at age 12 with his first paper route. To earn spending money and help pay for college and law school, he held varied and often unusual jobs over the years, from loading freight on the docks to driving a school bus. He attended Willamette University College of Law where he made lasting friendships.

Bill’s first job as an attorney was as an associate lawyer with a private firm in Eugene. After returning to Portland, he served as a Deputy District Attorney in Multnomah County until 1972. He returned to private practice as an associate attorney with Davis, Jensen, DeFrancq & Holmes and later became the senior partner in what is now Schulte, Anderson, Downes, Aronson & Bittner. In 2004, he shifted from divorce litigation to serving as a mediator and reference judge in domestic relations matters.

Bill practiced law for over 53 years as a member of the OSB. Bill retired in 2019, regarded as one of the best domestic relations attorneys in Oregon. He was recognized in the publication “Best Lawyers in America” starting with the inaugural edition in 1983, as well as being perennially rated an Oregon “Super Lawyer” by his peers. He was a member of the American Academy of Matrimonial Lawyers, receiving

their 2008 Professionalism Award in addition to the MBA Distinguished Legal Education Service Award. Throughout his career, Bill demonstrated the highest standards of professionalism, honesty, and ethics, earning him the respect of lawyers, judges, and clients. His legacy lives on through the many younger lawyers he mentored over the years.

In his personal life, he enjoyed intramural basketball and track until a shattered ankle limited those pursuits. Later, he took up road biking with a vengeance. He regularly rode with the Portland Bicycling Club and was proud to have completed the Seattle to Portland Bike Ride in one day.

In 1990, he met the love of his life, Laurie Pickett. Having broken too many bones road biking, he took up golf as a joint pursuit with her. He enjoyed it immensely. Bill and Laurie married in 1996 and were inseparable until his passing. They shared a passion for their garden, the many birds that visited it, and of course, dogs. They had several special dogs over the years and Bill could never pass a dog without petting it.

A voracious reader, Bill consumed up to three books a week on a broad variety of subjects. He read the New York Times Book Review every Sunday and reserved those that intrigued him from the downtown library he visited often. He was known to read while walking to and from work and was never without a paperback or crossword puzzle in his pocket. He had a keen intellect and a disciplined, competitive, and curious nature.

Bill took up walking for exercise in retirement and tracked his daily six miles simultaneously on his Fitbit and Pokémon Go on his iPhone, inspired by his grandchildren.

He is survived by his devoted wife, Laurie; sons, Ben Schulte and Dan Schulte; stepdaughter, Katie Bray and husband, Matt; stepson, Christian Stoll; sister, Judy Tanasse; brother, Henry Schulte and wife, Martha Hart; Tessalie Schulte; Brendan Freedman; grandchildren, Jacob Schulte, Joel Schulte and his daughter, Jayla, Sereita and Julian Schulte, Sophia and Gabby Stoll, and Daphne, Hayden, and Parker Bray; as well as his cousins, nieces, nephews, and their spouses and children. His adored dog, Ellie, remained by his side constantly for 13 years, even as he passed away from cancer at age 81, peacefully at home.

A celebration of life will be held at a later date. To join the contact list or to share remembrances, email friendsofbillschulte@gmail.com.

Reflecting Bill’s lifelong devotion to literacy opportunities for all, memorial contributions may be made to The Library Foundation. More information can be found on the Multnomah County website. Tribute gifts will be designated to capital improvement at the North Portland Library, a branch with special meaning to him.

Shared by everyone at Schulte, Anderson

Wyden, Merkley Announce Timeline for Applications to Fill Upcoming Judicial Vacancy on US District Court in Oregon

US Senators Ron Wyden and Jeff Merkley have announced that applications are being accepted through April 7 to fill an upcoming federal judicial vacancy in Oregon created by the recent announcement (available at www.bit.ly/hernandez-notification) from US District Court Judge Marco Hernandez that he will take senior status in August 2024.

“Judge Hernandez has dedicated his career to justice, serving with distinction as a federal judge in our state for more than a decade after coming to the US District Court with a diverse history of representing farm workers for Oregon Legal Services and then going on to work as a prosecutor in Washington County before becoming a state court judge,” Wyden and Merkley said.

“We thank Judge Hernandez for his stellar service on the federal bench and for all that he’s done to advance the cause of justice for all Oregonians,” the senators said. “In consultation with the White House, we will work with a judicial selection committee in Oregon to provide a strong field of nominees for President Biden to consider for this upcoming vacancy.”

Interested applicants for the judicial vacancy should send a letter of interest, resume and completed application (available at www.bit.ly/judicial-vacancy) to Senator Wyden’s office by April 7.

Wyden and Merkley will be forming a selection committee to consider applicants who submit their materials by the April 7 deadline.

William F. Schulte

What is the YLS?

An inclusive section of the bar, comprised of any MBA member in practice less than six years or under the age of 36. The YLS provides leadership, networking, professional development and service opportunities. And we have fun!

Steve Goldberg and PCC CLEAR Clinic YLS Pro Bono Spotlight

by Caulin Price Chair, YLS Pro Bono Committee

Steve Goldberg developed a passion for public interest work early in his career. His first legal position was with a legal aid office in Jacksonville, Florida. Soon after, Steve and his wife moved across the country, to Salem, where he worked for Marion County Legal Aid and then opened his own office. In 1980 he moved to Portland and started a practice where he worked for 27 years: Goldberg, Mechanic, Stuart, and Gibson. He then worked as a solo practitioner until his retirement in 2017. He became actively involved with Portland Community College’s CLEAR Clinic in January 2022.

While in private practice, Steve primarily focused on labor law, representing labor unions, including the International Union of Operating Engineers. He also took on medical malpractice and civil rights cases, becoming more heavily involved in the latter. Steve worked on cases challenging the involuntary reenlistment of a member of the National Guard, warrantless surveillance programs impacting Islamic charities, and the placement of an individual on the no-fly list after a humanitarian trip. During that time, Steve was also an active member of the National Lawyers Guild, which allowed him to do work in South Africa, Israel, Palestine, Tunisia, and Cambodia.

Steve’s work with the Guild is what led him to PCC CLEAR. A colleague introduced the clinic to Guild members, and Steve’s interest was piqued because of his former practice and his passion for helping people. After retiring in 2017, Steve wanted a productive way to spend some of his free time. PCC CLEAR provided him that opportunity, and he has been an active volunteer since.

PCC CLEAR is a no-cost clinic offering critical legal services to Portland residents at Portland Community College’s Cascade campus in North Portland. The services provided by PCC CLEAR include criminal record expungement, eviction defense, and DACA renewals.

Newly-Appointed YLS Board Officers for 2023-24

Terms Begin June 1

at Lewis Brisbois. She joined the YLS Board in 2022, and presently serves as board liaison to the YLS Service to the Public Committee.

A.C.’s involvement with the YLS began with her participation on the CLE Committee in 2018. She later joined the YLS Membership Committee, and served as the committee’s co-chair for the 202122 program year. Outside of the MBA, A.C. is a Vice Chair for the Oregon Association of Defense Counsel’s Diversity, Equity, and Inclusion Affinity Group.

YLS President is Maxine Tuan Maxine is a family law attorney and Executive Director of St. Andrew Legal Clinic, which provides family law legal services to lowincome families. Prior to joining St. Andrew Legal Clinic, Maxine was a partner at Wyse Kadish LLP. Maxine joined the board in 2020 and is currently YLS Board Treasurer. Previously, she served as board liaison to the MBA Equity, Diversity & Inclusion Committee and YLS Membership Committee.

previous board assignments include liaising with the MBA Public Service Committee and YLS CLE Committee.

Amelia first became active within the YLS when she joined the YLS Service to the Public Committee in 2016. She later chaired the committee before joining the board in 2020. She was also part of the YLS Social Justice Taskforce.

Additionally, because of PCC CLEAR’s affiliation with Portland Community College, PCC CLEAR can provide beneficial community and educational connections for the individuals it serves.

Steve assists with PCC CLEAR’s expungement clinic, and he describes it as an ongoing story of individuals who may have made an unfortunate mistake and ended up with a criminal conviction, often early in adulthood. He notes that many of them find a way to turn things around, but unfortunately, those convictions remain on their record, prohibiting or limiting them from doing various activities that many of us take for granted, such as getting a job, hunting, and volunteering at their kids’ schools. Steve describes the joy of helping someone, who’s turned their life around, work through the process of regaining the ability to do some of those common activities. Ultimately, Steve has learned a critical lesson from his work with PCC CLEAR: good people can make bad mistakes, but “we can support them in overcoming those mistakes and move on with their lives.”

PCC CLEAR’s expungement clinic runs every Friday from 12-4 p.m. Additionally, on Friday, April 7, the YLS Pro Bono Committee is partnering with PCC CLEAR for one of its Friday expungement clinics. There will be training from 10:30 a.m. to 12 p.m., the clinic will run during its normal hours, and the committee will host a social after the clinic from 4 p.m. to 6 p.m. at the nearby Florida Room.

Maxine’s YLS involvement began as a member of the YLS CLE Committee in 2016. She served as the committee chair from 2019-20. Maxine is a former president of the Oregon Asian Pacific American Bar Association, and serves as a 1L Mentor with Lewis & Clark Law School.

YLS President-Elect is Amelia Andersen. Amelia practices disability law at the Immigrant and Refugee Community Organization, where she manages the Disability Legal Services program. She currently serves as YLS Board Secretary. Her

YLS Secretary is A C EstacioHeilich. A.C. is a member of the labor and employment group

Jordana Loughran YLS Member Spotlight

by A.C. Estacio-Heilich YLS Board

Portland is a city of transplants, and the local legal community is not immune to that phenomenon. Jordana Loughran, however, is a unicorn of sorts. She has spent most of her life in Portland and has seen a drastic change in the city through the years. Fortunately, one thing has remained constant in the city she calls home: a sense of community.

Jordana attended Lincoln High School. She then attended Portland State University and graduated with degrees in Biology and English, while also competing as a scholarship athlete for PSU’s cheerleading team. Thereafter, Jordana took a gap year and spent it as an intern for the Donald E. Long Juvenile Detention Center. She later landed at Lewis & Clark Law School, a mere five miles away from her alma mater.

When asked why she stayed in Portland, Jordana expressed her love for the community and the city. She also recognized that the city provided opportunity for

growth as a professional. Having her family and friends nearby also did not hurt. They certainly supported her and provided her with an escape from the rigors of law school. Jordana’s community outside of the law school bubble gave her perspective that law school was not the end game, but just a stop along the way.

She describes herself as a person who enjoys learning people’s individual stories and experiences. Jordana’s personality matches Portland’s friendly and cordial demeanor which helped her thrive outside of the classroom. While still a law student, she often reached out to local attorneys to get a better sense of what it means to practice law and the different paths attorneys took to successful legal careers.

Jordana’s understanding of the practice of law has changed throughout the years. She initially thought she would practice intellectual property after graduation. However, she later

YLS Treasurer is Nicole Elgin Nicole is a partner at Barran Liebman LLP where she practices labor and employment advice and litigation. She joined the board in 2021, and presently serves as liaison to the MBA Court Liaison Committee.

Nicole’s earliest involvement with the MBA was as the 2016-17 Lewis & Clark 3L Law School Representative on the YLS Board. After being admitted to practice, she served on the YLS CLE, Service to the Public and Pro Bono committees, and was chair of the Pro Bono Committee for the 2020-21 program year. Outside of her MBA involvement, Nicole prioritizes spending time with her family, enjoys mentoring law students, and is a proud supporter of the Campaign for Equal Justice.

Jordana Loughran

realized that her passion was in real estate - an area of law fitting for someone so familiar with Portland’s ever-changing landscape. By the time she graduated from Lewis & Clark, she secured a job with Vial Fotheringham, a firm that represents HOAs and condominium associations. While there, Jordana learned the valuable lesson of not letting her fears or lack of experience dominate her work as an attorney. After two and a half years, she moved to Buckley Law and expanded her practice to residential real estate and litigation. Buckley provided Jordana with ample opportunity

Continued on page 13

Multnomah

Maxine Tuan Amelia Andersen

A.C. Estacio-Heilich

Nicole Elgin

Steve Goldberg

Upcoming YLS Events

PCC CLEAR Clinic

Friday, April 7

Training: 10:30 a.m.-12 p.m.

Volunteer: 12-4 p.m.

Social: 4-6 p.m.

PCC Cascade, Terrell Hall, Room 203

705 N. Killingsworth St., Portland

(Networking social to follow at the Florida Room)

Join the YLS Pro Bono Committee for this pro bono service activity, with a networking social to follow. Participants will support the PCC CLEAR Clinic First Friday expungement training and clinic on April 7.

If you’d like to learn more about Oregon expungement law before the event, a FREE Oregon Expungement Training put on by Leni Tupper and Emilie Junge of the PCC CLEAR Clinic is available at the link below. The training is approved for one hour of Access to Justice OSB MCLE credit (Program ID 85141).

Register online at www.mbabar.org/calendar

Advanced Trial Litigation

YLS Virtual Spring CLE Series begins April 13

The YLS CLE Committee invites you to this nine-part, noontime series for newer attorneys. Courses include “Ethics and Discovery,” “Practical Application of Rules of Evidence” and “How to Be a Great Second Chair.” Nine hours of OSB MCLE credit will be applied for in total - $150 for members, $250 non-members. Register online at www.mbabar.org/cle

Virtual Cook-Along with Chef Carlo Lamagna

Thursday, April 20, 6-8 p.m.

Chef Carlo Lamagna, of Magna Kusina and upcoming Beaverton restaurant Magna Kubo, will teach participants how to cook Filipino food in the comfort of their own home. Virtual attendance only. Registration is FREE for MBA members, $15 for non-members. Organized by the YLS Membership Committee. Register online at www.mbabar.org/calendar

Thank you Schwabe, Williamson & Wyatt PC for sponsoring this event.

YLS Trivia Night

Wednesday, May 3, 5-6:30 p.m.

Lucky Labrador Brew Pub

915 SE Hawthorne Blvd, Portland

Please join the YLS Membership Committee and host Graham Brown of Stumptown Trivia for a fun evening of trivia. Graham will be quizzing the whole group, but there will be only one Trivia Champion!

Registration is FREE for MBA members, $10 for non-members. Register online at www.mbabar.org/calendar

Prizes are generously sponsored by Maune Raichle Hartley French & Mudd, LLC and support local BIPOC-owned businesses.

mba EVENT

CLE + Wine Tasting Event

Wine Franchise Agreements and Why Ryan at ENSO Hates Them

Thursday, May 4

4-4:30pm: Wine tasting and social

4:30-5:30pm: CLE

5:30-6pm: Wine tasting and social

ENSO Winery, 1416 SE Stark, Portland

Wine is a commodity not regulated by the Interstate Commerce Clause but by the 21st Amendment. This gives states the power to impose their own sales regulatory schemes. Twenty-one states have “franchise agreement” laws on their books. These agreements limit out-of-state alcohol manufacturers from traditional contractual freedoms to terminate or modify agreements without the express approval from the in-state distributors as well as the Attorney General.

Attendees will learn about wine franchise agreements from Judy Parker, The Winemakers’ Lawyer, and get to taste five wines.

Please join the MBA Events Committee for this unique opportunity.

Generously sponsored by Chenoweth Law Group PC and Foster Garvey PC.

Cost: $30 for members; $50 for nonmembers

The MBA will apply for 1 hour of OSB MCLE credit

Jordana Loughran

Continued from page 12

to develop her understanding of client and case management, which allowed her to grow her book of business. Currently, Jordana is Of Counsel for Dunn Carney where her legal repertoire has expanded to include commercial real estate work. Jordana’s familiarity with the city’s landscape and real estate has certainly contributed to her credibility as a real estate attorney.

Jordana actively participates in community development and volunteer work to show gratitude to the city that raised her. She recently represented a local nonprofit in a land acquisition that will one day house a community center and preschool in a historically underrepresented neighborhood in the Portland Metro area. Jordana also serves on the NAIOP Developing Leader’s Board, an organization which serves as one of the most important forums for commercial real estate in Oregon. She also

maintains several nonprofit pro bono clients, serves on the RELU Planning Committee, and heads DC LAW (Dunn Carney’s League of Attorney Women), which is focused on recruiting, retaining, and advancing female-identifying attorneys.

The city of Portland has shaped every facet of Jordana’s life and she acknowledges that it has given her so much to be thankful for, which is why she seeks to give back to the community that she dearly cares about for many years to come. Whether you are a lifetime resident of Portland or a transplant, Jordana encourages those in our profession to “give to your community without expectation of recognition or reward, and help where you can. Sometimes an act will provide an unintended positive result or sometimes it won’t, but we will all come out ahead by using our educational privilege to serve others.” It seems that Jordana embodies PSU’s motto displayed above Southwest Broadway - “Let knowledge serve the city.”

Submissions for the Multnomah Lawyer

The MBA is looking for writers and article ideas for the newsletter. If you are interested in submitting ideas or articles, please review the Multnomah Lawyer contribution guidelines and contact the MBA Executive Director at mba@mbabar.org. Our readers especially enjoy profiles of members, analyses of trends in law, tips on points of law and essays on issues in the profession.

Book Cleaning Event at Children’s Book Bank

Contribution guidelines and other details are available at: www.mbabar.org/newsletter

Thank you to everyone who participated in the March 16 event at Children’s Book Bank. Our volunteers inspected and restored donated books that will be distributed to children in the Portland area. Organized by the YLS Service to the Public Committee.

The Corner Office PROFESSIONALISM

A Word to the Wise: Seek Discovery

We all know how adversarial discovery issues can become. Often, motions to compel must be filed to obtain what a party deems responsive and discoverable. Although sanctions for alleged discovery abuse or misconduct are permitted under both the FRCP and ORCP, parties considering whether to move for such reliefeither independently or as part of a motion to compel - should not make that decision lightly. Among other things, baselessly moving for sanctions can prolong litigation, curb one’s credibility with the court, halt settlement discussions, and negatively affect one’s reputation with opposing counsel. While circumstances of course exist where discovery sanctions are appropriate, it is worth reviewing the legal grounds under ORCP 46 and FRCP 37 and 26 for which a court may impose discovery sanctions. Under ORCP 46, a party may be sanctioned for failure to obey a court order compelling discovery, appear for a deposition, answer requests for admissions within time limits, or comply with or object to a request for production. FRCP 37 and 26 permit sanctions under the same circumstances, as well as when a party fails to respond to interrogatories.

The US Supreme Court has also confirmed that courts possess inherent authority to impose sanctions “for conduct

Sanctions Sparingly

which abuses the judicial process,” but that a monetary award “may go no further than to redress the wronged party ‘for the losses sustained’; it may not impose an additional amount as punishment...” Goodyear Tire & Rubber Co. v. Haeger, 581 U.S. 101, 107-108 (2017).

As for the types of sanctions available, courts have the “ability to fashion an appropriate sanction,” and therefore, parties moving for sanctions should consider what type of relief would be suitable under the circumstances. Sanctions may range from awarding costs and fees associated with the filing of a motion to compel (and/or subsequent motion for sanctions), an adverse inference, and in extreme cases, dismissal or default judgment. Multiple other types of sanctions may also be available.

Practically speaking, courts tend to be willing to award sanctions only in cases where a party has clearly violated discovery rules or engaged in egregious conduct. Thus, simply copying and pasting a request for sanctions at the end of a motion to compel as a matter of course is unlikely to be successful and is likely to invite the other party to request similar sanctions.

Attorneys acting as zealous advocates on behalf of their clients can naturally result in disputes over discovery. Different viewpoints and interpretations of the law and

what another party is entitled to are inevitable. This does not mean, however, that merely disagreeing with another party’s position serves as legitimate grounds for sanctions.

Counsel must keep in mind that sanctions will only be imposed if a party completely disregards the discovery process. Aggressively seeking sanctions when they are not appropriate can often work against the client’s best interests and should only be pursued if the circumstances justify them.

We work in a relatively small jurisdiction that almost guarantees that attorneys will run into the same counsel again and again. As a result, it is even more important to exercise caution and judiciousness when seeking sanctions against one’s colleagues.

The Corner Office is a recurring feature of the Multnomah Lawyer and is intended to promote the discussion of professionalism taking place among lawyers in our community and elsewhere. While The Corner Office cannot promise to answer every question submitted, its intent is to respond to questions that raise interesting professionalism concerns and issues. Please send your questions to mba@mbabar. org and indicate that you would like The Corner Office to answer your question. Questions may be submitted anonymously.

Classifieds

Positions

Law Clerk Vacancy

Chambers of the Honorable Marco A. Hernandez, US District Court, Portland. This is a two-year term clerk position, beginning Fall 2024. Submit cover letter, resume, law school transcript (unofficial is fine), writing sample (no more than five pages, doublespaced; excerpts are fine), and two letters of recommendation. Applications (hard copies only) must be received by April 14. Send or deliver to Elisabeth Rennick, Law Clerk to Honorable Marco A. Hernandez, 1507 US Courthouse, 1000 SW Third Ave, Portland, Oregon 97204.

Alternative Dispute Resolution

Analyst

The Civil and Criminal Programs Unit of the Oregon Judicial Department is hiring a full-time Alternative Dispute Resolution Analyst (Analyst 4). Salary $6,534 - $10,677/month. To learn more and apply, please follow this link: www.tinyurl.com/2hw2d5kd

Washington Attorney

Legal Counsel for Youth and Children (LCYC) seeks a passionate, collaborative, and innovative attorney, committed

to social justice and anti-racism, to provide direct representation, community outreach, and education to young people 12-24 years who are unstably housed, in dependencies, Becca proceedings, or minor guardianships in Clark County. The attorney must be a member of the Washington State Bar Association or qualify for admission by motion from another state under Washington State Court rule APR 3(c)(1). For more information about this position, please visit: www.lcycwa.org/careers

Associate Attorney

Rose Senders and Bovarnick is seeking to hire an associate with at least four years of litigation and trial experience. We have an active plaintiff’s litigation practice in state and federal courts in Oregon, Washington, Idaho, Montana, Utah and Nebraska. We handle FELA, medical negligence, employment and other tort cases in those states as well as workers compensation and ELL cases in Oregon. 95% of our defendants are corporations. We want to hire an associate with at least four years of litigation and trial experience in tort, employment or workers compensation. The experience can be as either a plaintiff’s or defendant’s lawyer. The work includes lots of discovery, motion practice, settlement negotiations and the occasional trial. Once

Pro Bono Volunteers

Thank you to the following lawyers who recently donated their pro bono services to the Volunteer Lawyers Project at Legal Aid Services of Oregon. Visit www.mbabar.org/probono to discover pro bono opportunities in Multnomah County.

Alan Aldous • Derek Ashton

• Katie Baker

• Brett Carson

• Sarah Crooks • Cole Downey •

the associate is up to speed, he or she will also travel for depositions, inspections, union meetings and trial. We offer a competitive salary, plus bonuses, good benefits, a great staff and a lovely office in NW Portland. The work environment is low key and supportive, but the cases are often as demanding as they are interesting. We all work both in the office and remotely. If you’re interested, please send me a resume and some writing samples. If you want more information, feel free to call me or email me. Ofc: 503.227.2486 Cell: 503.704.8102 Email: pbovarnick@rsblaw.net

Space Available

Large Private Offices with Lawyers in Beautifully

Restored Historic Building

Four blocks to Multnomah/federal courthouses. Large Italianate windows; air-conditioned; new décor; elevator with video security system; shared conference room, lunch room/kitchen, receptionist; shower room, bike rack. $350 to $1,100 (for very large office). 503.927.3347.

Hillsboro, Tanasbourne Area

Two offices available at $1,500 each and two secretarial spaces available at $1,000 each. Class A space at Amberglen. Reception, two

conference rooms, kitchen/break room, gym on site. Any inquiries, please call 503.466.9626.

Four Downtown Portland/ Private Offices

18x14 for $1,300 per month, 15x10 for $1,025, 13x12 for $1,000, and 12x11 for $1,000. 10th floor office in Cascade Building. Two blocks from Pioneer Square and MAX Transit hub. Alder Street Parking Garage across street. Rent includes reception, telephone/ internet, office conference room, shred, copier & postage machine use. Building amenities: gym, w/ shower, tenant lounge. Contact Jamie at 503.243.2733 or jamie@kramer-associates.com.

LOOKING FOR HIGH QUALITY AFFORDABLE HEALTH COVERAGE?

Micheline D’Angelis • Michelle Freed

James

Knivila

• Shauna Haney • Marisa

• Bruce

• Samuel Justice

• John Koch

Kwitman

• William

• Elizabeth Lemoine

• John “Jack” Lundeen • Riley

• David Malcolm • Trisha

Makin

Mayhew • Thomas McAvity • Julie

Meyer Rowett • Susan Rossiter • April Stone

• John Sutter • Hon. Jill Tanner • Emily

Templeton • Jeffrey Van Kent

For over 35 years, the MBA Health Trust has offered competitive plan designs and premiums for law firms throughout the state of Oregon and Clark County, Washington. MBA member firms choose the MBA Health Trust because of our wide choice of plans, simplified enrollment and billing, outstanding customer service, and value added benefits. Any firm with at least one W2 employee is eligible to enroll on the first day of any month.

Expanded options to the MBA Health Trust now include:

•A new $500 deductible health plan

•Enhanced prescription drug benefits on many plans

•Dental/vision plans with rates guaranteed until April 1, 2023

•New options for law firms outside the Portland area Contact us today for a free quote or visit aldrichadvisors.com/mba for more information.

MEET THE TEAM

Tr ace y Dav is tda vis @a ld richadv i sors.com 503. 48 5. 2482

Ste phan i e C a rpentier scar pe ntier @aldr icha d visors.com 503.716 9334

Habitat for Humanity seeking volunteer attorneys to guide homebuyers through a ordability documents.

For more information, please contact Loretta Kelly at loretta@habitatportlandmetro.org or call 503.287.9529 x 34

Steve Doty sdoty@aldrichadvisors.com 503.716.9398

aldrichadvisors.com/mba