Multnomah Lawyer
The Changing Shape of the Practice and the MBA
Adapting to the Needs of the Membership
by Brad Krupicka MBA President
As I step into this year’s role as MBA President, I want to thank our immediate Past President Terry Wright for an outstanding year for the MBA. I started my term just over a few weeks ago and the seamless transition is a great credit to Terry for how well the organization is functioning.
I began my service in the MBA almost immediately after graduating from law school and after passing the bar. Even before I had my first paying legal job, I was already volunteering on multiple committees and joined the MBA mentor/mentee program as a mentee. Coincidentally, my mentor is also a past MBA president; it is a small (legal) world, to say the least. As I started my judicial clerkship for Judge Henry Kantor and transitioned into the world of being an associate and eventually a partner in a busy civil practice, I never stopped volunteering for the MBA. I served on multiple committees, rose up the ranks of the Young Lawyers Section (YLS) to become YLS President, and then joined the MBA Board to get where I am now. MBA membership and participation has been one of the most fun and easy ways to give back to our incredible legal community. I have met numerous new friends and bar colleagues on my MBA journey.
I am very proud of how well the MBA as an organization and community has continued to change and adapt to new and sometimes trying times. As a new generation of diverse and wonderful attorneys has sprung up, the MBA and YLS have provided ample space to develop these lawyers through CLE seminars and volunteer opportunities, and fostered a welcoming environment. The YLS has also provided a great opportunity to develop leaders and to create space for this new generation to come up with their own ideas and permutations of what it means to be a lawyer in our community. We are all greatly rewarded for that continued redefinition and reimagining. We are busy appointing new volunteers to committees and preparing for the upcoming program year, beginning in the fall. That said, it is never too late to sign up for a YLS or MBA committee as all volunteers are welcome.
Further, we have seen a great deal of change during the pandemic which has left lasting impacts on all of us. I am so proud of how the MBA adapted and pivoted to virtual events and CLEs. Remote attendance has provided greater flexibility for our members and further inclusiveness for some who are unable to come downtown for a variety of reasons. However, it has been really amazing and rewarding to get back together and meet in person when appropriate. It was truly great to see everyone at the MBA
Annual Meeting and Dinner this past May at the Hilton Portland Downtown. Planning for the 2025 Annual Meeting is already under way and we’ll keep you posted.
My simple and straightforward goal for the year is to keep the MBA running as the amazing organization it is. My more difficult goal is to keep reimagining how the MBA and our community can adapt to meet the ongoing challenges and changes. Not only those that are in our immediate future, but those we will undoubtedly face in five years or even 10 years. Any advice or recommendations for how we can keep up with those challenges would be greatly appreciated. So, thank you in advance.
And thank you for being a member of the MBA! Thank you also to the current MBA Board of Directors and the past Directors and volunteers for keeping the organization running as it has. And most of all, a big thank you to the MBA staff for all of their hard work to do the little things (which there are a lot of!) and organizing the many opportunities for all of us to get together.
My more difficult goal is to keep reimagining how the MBA and our community can adapt to meet the ongoing challenges and changes.
I look forward to catching up with committee volunteers, bar colleagues, and our community members as a whole, as well as welcoming new members, for another outstanding year of programming, CLEs and events. I hope to see you at the MBA’s Battle of the Lawyer Bands on August 15th at the McMenamins Mission Theater (an event that is near and dear to my heart as one of the original organizers). And don’t forget to sign up for the MBA Absolutely Social on October 15th at the Multnomah Athletic Club.
This promises to be another fantastic year for the MBA. I am sure that the MBA committees will continue to innovate and come up with new ideas. I encourage everyone to think creatively and help me reimagine what the practice and the MBA should look like as the calendar moves forward from summer to fall, and what new promises await in 2024.
10.9 Wednesday
MBA Board of Directors
President
Brad Krupicka
Secretary Austin Batalden
Treasurer Christine Hein
Past President
Theresa L. Wright
Directors
YLS President
Nicole Elgin
Justice Brooks
Matthew D. Colley
Joseph L. Franco
Holly C. Hayman
Hansary Laforest
Jill R. Mallery
Tania Manners
Amanda Nadell
Anaiah E. Palmer
Emery Wang
Executive Director
Guy Walden
Director, Events & Programs
Kathy Modie
Office & Foundation
Administrator
Pamela Hubbs
Member Services Administrator
Ryan Mosier
Program Coordinator
Imani Smith
MBF Board of Directors
President
Tyler J. Volm
Vice President
Yoona Park
Secretary/Treasurer
Bob Steringer
Past President
Joseph L. Franco
Directors
David I. Bean
Christine R. Costantino
Danielle L. Fischer
Pilar C. French
Hon. Amy Holmes Hehn
Anit K. Jindal
Sasha A. Petrova
Hon. Chanpone P. Sinlapasai
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
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Copyright Multnomah Bar Association 2024
Moving the Conversation Covering in the Legal Profession
by Alyson Sneider MBA Equity, Diversity & Inclusion Committee
Covering is not a new concept, having been introduced by the sociologist Erving Goffman in his 1963 book Stigma. I learned about it recently through a training taught by Glassman Coaching, which introduced me to both the concept of covering and to the legal scholar Kenji Yoshino, who has written extensively on covering, including in his 2006 book Covering: The Hidden Assault on our Civil Rights
In essence, covering is the process of downplaying a stigmatized identity. Although covering is somewhat similar to passing, the two concepts differ in that passing involves making one’s differences less visible, while covering involves making one’s differences less obtrusive. Goffman and Yoshino both illustrate the difference by pointing to President Franklin D. Roosevelt’s habit of meeting with his cabinet only while seated behind a desk, where his wheelchair was hidden from view. He was not passing, in that everyone knew he was disabled. Rather, he was covering, taking the focus away from his disability in order to keep his dominant identities - white, male, president - front and center.
Yoshino maintains that everyone covers and that we all have some disfavored identity. He identifies four axes on which covering occurs: appearance, affiliation, activism, and association.
1. Appearance-based covering: changing how one physically presents oneself to the world.
2. Affiliation-based covering: minimizing one’s cultural ties with non-dominant groups.
3. Activism-based covering: minimizing the politicization of one’s non-dominant identity or identities.
4. Association-based: minimizing the extent to which one spends time with or can be linked to
others who share the same non-dominant identity or identities.
Like many of us, I have some identities that are dominant and some that are not. Of the latter, it is my queerness that I feel others me most strongly from the hegemony and that, consequently, I feel the strongest demand to cover. Accordingly, I minimize some of my affiliations and associations. In this soccerloving city, I feel completely at ease discussing my love of the Thorns. I avoid talking about my WNBA fandom, however, because, although it has become more mainstream in the past few years, I know people still think of it as a “lesbian thing.” I never talk about any of the queer media I consume. Although I am in a committed relationship, I largely avoid discussing my partner at work, typically staying quiet during the typical office chitchat about families and weekends.
In other ways, I reject the demand to cover. I don’t cover on the axis of activism, as I have long sat on the board of OGALLA. Most saliently to me, I don’t engage in appearancebased covering. My hair is short, I don’t wear skirts or dresses, and, in general, I present in a way that is instantly identifiable as queer. While I think that, at least in Portland, my fellow attorneys do not pass judgment on me for being involved in our statewide LGBTQIA legal association, I have at various times sensed others’ discomfort with how I look. That is to say, I feel the societal demand to engage in appearance-based covering, and although it is something I could do, to do so would be to reject an ineffable part of myself, and so I won’t.
I invite my fellow attorneys across the bar to consider the following: What identities do you cover? In what ways do you reject the demand to cover? How about your colleagues? How can we all work to lessen the pressure to cover?
Moving the Conversation is a recurring feature of the Multnomah Lawyer and is intended to raise issues and provide observations and ideas in regard to equity, diversity and inclusion topics. Please send your columns, ideas for columns, or recommendations for authors to the MBA office at mba@mbabar.org.
Nine out of ten lawyers who use Ruby increase their billable hours. How? By outsourcing time-consuming tasks such as phone calls, client intake, payment collection, and more. And with expanded scheduling capabilities, using Ruby to handle appointments has never been easier.
MBA members receive an 8% discount with promotional code MBA. Learn more at: www.mbabar.org/benefits
The MBA will apply for general OSB MCLE credit unless otherwise noted; Washington credit may be obtained independently. Registrants who are unable to attend will receive a link to the archived webcast and written materials. Registration fees are non-refundable. Unless otherwise noted, all classes are held online.
2024 Bar Update: Ethical Issues and Trends Affecting Oregon Lawyers
Wednesday, October 9 12-1 p.m.
Remote attendance only via Zoom Members $35/Non-Members $55
Note: One hour of Ethics OSB MCLE credit will be applied for. This CLE will cover the ethical issues and trends the Oregon State Bar is encountering through inquiries and complaints, as well as other pertinent ethical topics. Nik Chourey, Deputy Counsel for the Oregon State Bar, will present this informative CLE. For more information: Contact the MBA at mba@mbabar.org. Meet your new partner.
The Sixth Annual Tillicum Gathering A Celebration of Diversity
On May 21, leaders from Oregon’s affinity bars and representatives from the MBA and OSB met at the annual Tillicum Gathering. The Tillicum Gathering is a social networking event organized by the MBA Equity, Diversity & Inclusion Committee for
Visit www.mbabar.org/cle to register online or scan this QR code.
legal leaders committed to fostering and expanding diversity and inclusion in our legal community. Davis Wright Tremaine generously hosted the evening in their new office space.
Recipients of the MBA’s LSAT test preparation scholarships were honored. The scholarships pay for an LSAT preparation course for prospective law students who have a connection to Oregon, and who will diversify our bar when they complete law school and begin practicing law. Judge Maurisa Gates addressed the crowd before the awards were distributed.
Before we get to know your finances, we get to know you. Our bankers speak your language, specializing in legal services so they can tailor solutions to your business. As the preferred bank of the Multnomah Bar Association, we understand the unique needs of our local law community. Visit UmpquaBank.com to learn about the tools and loans available for all stages of your practice. Customized banking to help grow your firm.
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971-219-4523
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2024 LSAT scholarship recipients
Jeff Edelson, A Litigator’s Mediator.
Are you a law firm operating in Oregon or Clark County, Washington? The MBA Health Plan offers comprehensive and affordable group medical, dental, and vision insurance.
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To be eligible to participate, firms must enroll at least one W-2 employee in addition to the attorney. Contact us today for a personalized quote and discover how the MBA Health Trust can empower your team to thrive.
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mba ANNOUNCEMENTS
Proposed 2025 SLRs Available for Review and Comment
The Proposed Supplementary Local Rules (SLRs) for the Fourth Judicial District are available for review at bit.ly/multco25-draftSLRs. The draft rules will be submitted to the State Court Administrator on September 1. If approved, the rules will become effective on February 1, 2025. Comments or questions about the proposed changes, as well as questions about the process, may be directed to the court at MUL.Public.Information@ojd.state.or.us.
Deposition Guidelines Updated
The MBA Deposition Guidelines document has been updated and may be found at www.mbabar.org/courts/court-resources.html. These guidelines are the result of a collaboration between the bench and bar. They are meant to be read in conjunction with the applicable rules to help avoid disputes during depositions.
Virtual Mindfulness Sessions
The Mindfulness in Law Society (MILS) Oregon Chapter invites you to practice mindfulness while connecting with lawyers from around the country. Two virtual sits are offered each week - one on Mondays at noon, and one on Wednesdays at 2 p.m. Attendance is free even if you are not an MILS member. Visit www.mindfulnessinlawsociety.org/virtual-sits for details and to participate.
Multnomah CourtCare
Free drop-in childcare for children six weeks to 10 years of age is available at the Central Courthouse, Monday-Friday, from 8:30 a.m.-4 p.m. This MBF-funded program is for parents and legal guardians who are actively conducting business at the Central Courthouse, federal courthouse, or Justice Center in downtown Portland. Reservations are encouraged, but not required (503.988.4334, courtcaredropin@voaor.org).
Statement of Diversity Principles Available to Sign
The MBA Equity, Diversity & Inclusion Committee invites you to sign the Statement of Diversity Principles. Read and sign the diversity statement and pledge at www.mbabar.org/diversity.
Pro Bono Opportunities in Multnomah County
Find the opportunity that is right for you by browsing the list of pro bono providers at www.mbabar.org/probono. Many of the programs listed provide training materials and mentors to assist new volunteers.
Noontime Rides
Join all ages of bicycle riders for noontime hill climbs on Mondays and Thursdays. Assemble at noon at the 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.
Not Receiving MBA Emails?
Members are encouraged to opt in to ensure that they successfully receive MBA email communications. Visit www.mbabar.org/opt-in to confirm your email status.
Ethics Focus
On rare occasions, lawyers find they have funds in trust for clients who have moved without providing a forwarding address. The reasons are many and examples include small amounts left in trust to cover future work that never materialized or seemingly uncollectable judgments that were paid long after they were entered. The trust account rules, RPCs 1.15-1 and 1.15-2, impose strict duties when handling client funds. Our fiduciary duties remain even when clients have “disappeared” and we continue to hold their funds in trust. Further, statutory duties under the Uniform Disposition of Unclaimed Property Act - ORS 98.302-98.436 - also enter the mix. At the same time, handling “unclaimed” funds remaining in trust isn’t something that most lawyers run into every day. Fortunately, the Oregon State Bar has clear instructions on its website for complying with both the statutory and regulatory duties involved. OSB Formal Opinion 2005-48, which is also available on the OSB website, discusses both in considerable detail. In this column, we’ll survey the statutory and regulatory duties involved in the context of three recurring questions in this relatively uncommon scenario: (1) what is my obligation to find a client with “unclaimed” funds in trust? (2) what do I do if I cannot locate the client? and (3) do other states handle this issue the same way?
Trying to Find the Client
When a lawyer discovers what appear to be “unclaimed” funds in trust, the lawyer is obliged to try to find the client. OSB Formal Ethics Opinion 2005-48 summarizes (at 3) the statutory and regulatory obligations involved:
The Act requires Lawyer to “exercise reasonable diligence” to determine the whereabouts of Client
Gone but Not Forgotten: Unclaimed Funds in Trust Accounts
by Mark J. Fucile Fucile & Reising LLP
and, where possible, to communicate with Client and take necessary steps to prevent abandonment from being presumed. This same duty is implicit in the duty under Rule 1.15-1 to safeguard Client’s property.
“Reasonable diligence” will vary with the circumstances. It will often include sending letters or emails to the client’s last known addresses, calling the client’s last known telephone number, and internet searches. Even in today’s electronic environment, people can still effectively become unlocatable - especially if substantial time has passed between the completion of the work involved and discovery of the unclaimed funds. To avoid any questions later, prudence suggests documenting in writing the steps taken in the effort to locate the client and including that record in the client file concerned. Under ORS 98.332(1), property held by fiduciaries - including lawyers through their trust accountsis presumed abandoned after three years unless the owner has “corresponded in writing concerning the property, or otherwise indicated an interest as evidenced by a memorandum on file with the fiduciary.”
Handling Unclaimed Funds
If the client cannot be located and the three-year presumptive period has run, then the Uniform Disposition of Unclaimed Property Act governs the disposition of the funds. Under ORS 98.386(2), unclaimed funds in lawyer trust accounts are reported to the State Treasurer but paid to the OSB for funding low-income legal services. A link to the requisite reporting form and the address to direct the funds are both available on the OSB website, along with detailed instructions. Formal Ethics Opinion 2005-48 notes (at 4) that even after the appropriate report has been filed and the funds have been transmitted to the Bar, a lawyer “should continue to take steps reasonable under the circumstances to try to locate
[the] [c]lient and must maintain reasonable records sufficient to permit [the] [c]lient to make a claim for the return of property for the period permitted under the Act.”
How “Uniform” Is the Uniform Act?
Oregon RPC 1.15-1(a) notes that “[l]awyer trust accounts shall conform to the rules in the jurisdictions in which the accounts are maintained.” In an era of multistate offices by larger firms and multi-state practices by even small firms and solos, it is increasingly common for firms to have trust accounts in more than one state. All of the states in the Northwest have variants of the “uniform act.” They are, however, not completely “uniform” in the sense that “abandonment presumptions” vary as do the agency payees for unclaimed funds. Firms facing this issue in another state, therefore, should carefully review the unclaimed property statute and related authority in that state. Guidance is available regionally on state bar websites and through ethics opinions in each state around the Northwest: Washington (www.wsba.org; WSBA Advisory Opinion 2176); Idaho (www.isb.idaho.gov; ISB Formal Ethics Opinion 121); and Alaska (www.alaskabar.org; Alaska Bar Ethics Opinion 90-3).
Summing Up
To meet our statutory obligations under the Unclaimed Property Act and our corresponding duties under the trust account rules, prudent firm risk management includes periodically and systematically reviewing all trust balances. For reasons many and varied, periodic review may turn up funds that appear to be “unclaimed.” Periodic review may also increase the odds of locating and returning the funds involved to the client concerned. If a reasonable search does not locate the client, however, firms should carefully review and follow the guidance on the OSB website for reporting and paying over the unclaimed funds involved.
Around the Bar
Dunn Carney LLP
Dunn Carney welcomes Of Counsel Attorney Steven Bell and Associate Attorney Bruce Garrett to the firm.
Bell joins the firm’s Estate Planning Team. His practice is focused on the creation and administration of complex trusts to meet business succession planning, tax planning and family needs, and in navigating the complexities of charitable gift planning for both individual donors and for tax-exempt entities.
Bell brings 15 years of experience to Dunn Carney. He is a member of the OHSU and Doernbecher Foundations Gift Planning Council, and is a board member and chair of the governance committee for EarthShare Oregon. Bell earned his JD from the University of North Carolina School of Law.
Garrett joins Dunn Carney’s Litigation Practice Group with a specialty in employment litigation. He has experience representing clients in state and federal court, and before the Ninth Circuit Court of Appeals. He also counsels clients on prelitigation matters, helping them avoid litigation before disputes arise, and he assists employers with drafting employment policies, employment contracts, and separation agreements.
Prior to attending law school, Garrett worked for the Social Security Administration for nearly a decade, serving in a variety of roles. He graduated from Willamette University College of Law, cum laude, with a certificate in law and business.
Markowitz Herbold PC
Portland litigation firm
Markowitz Herbold PC announces that attorney April Stone has joined the Special
Olympics Oregon Board of Directors.
Stone has volunteered with Special Olympics since 2009. She has coached athletes in alpine snowboarding, track, and powerlifting and traveled internationally to train and support them at the highest levels of competition. She will coach the Special Olympics USA snowboard team at the 2025 Special Olympics World Winter Games in Turin.
Stone represents businesses, municipalities, and utilities in complex litigation, including contract and shareholder disputes, class actions, and other commercial and government matters. She also represents athletes and companies in various endorsement, sponsorship, and competitionrelated disputes.
Special Olympics Oregon promotes the health, wellness, and inclusivity of children and adults with intellectual disabilities through training and competition in Olympic-style sports and continues to grow a strong, supportive community of advocates for its athletes.
Snell & Wilmer
Snell & Wilmer is pleased to welcome Brett Applegate to the firm.
Applegate will strengthen the firm’s respected commercial litigation practice as well as its thriving presence in the Pacific Northwest.
Applegate brings over a decade of commercial litigation and dispute resolution experience to Snell & Wilmer. Her practice encompasses a diverse clientele, including businesses, financial institutions, parties to real estate transactions, and individuals. Applegate thrives in the complex litigation space.
Umpqua Bank A Leadership Bank
by Sabrina Rippy Umpqua Bank
With a strong commitment to community involvement, Umpqua Bank exemplifies leadership in the financial services industry. As an MBA member, we want to share with you what Umpqua Bank is doing for the legal community in Oregon and beyond, and more importantly, our why. It starts with our community-centric approach, involves paying higher IOLTA rates than our competitors, and concludes with our passion for supporting access to justice for all and the communities that we serve.
We think what we are doing is important and hope you think so, too.
1. Community-Centric Approach: The Core of Our Why
o Umpqua Bank recognizes that its role extends beyond financial transactions. It actively supports communities by donating to worthy causes and encouraging employee volunteerism.
o Associates receive up to 40 hours of paid volunteer time annually through the Connect Volunteer Network.
Prior to joining Snell & Wilmer, Applegate served as a partner at Larkins Vacura Kayser in Portland. She received her JD from Lewis & Clark Law School, where she graduated first in her class.
Snell & Wilmer is also pleased to welcome Kelsey Benedick to the firm.
Benedick will join as counsel in the firm’s accomplished and growing commercial litigation practice in Portland. She brings with her almost a decade of civil litigation experience. Benedick’s practice focuses on litigation involving property, securities, financial institutions, healthcare, and commercial disputes, among other areas, for a wide range of clients across industries.
Active in the Oregon community, Benedick currently serves as a board member for Lawyers for Literacy and as a board member for the
o In 2023, Umpqua Bank contributed $8.3 million in giving to community organizations.
o In 2023, our employees volunteered over 33,000 hours in their communities.
o The bank’s community involvement is an integral part of its business model, emphasizing trust and personalized service.
2. A Leadership Bank and a Visionary
o Umpqua Bank stands out as a Visionary Bank within the Oregon Law Foundation’s Leadership Banks program.
o We currently pay 3.68% APY interest on Oregon IOLTA deposits and 3.25% APY on Washington IOLTA deposits and do not charge service fees against IOLTA interest.
o In May, we proactively entered new states and increased interest rates in Idaho, California, Nevada, Utah, Colorado and Arizona, going well beyond the minimum requirements for their respective programs.
o By voluntarily paying above-market interest rates, Umpqua Bank ensures that legal aid organizations receive critical funding to support vulnerable populations.
3. Legal Community Benefits and Impact
o When attorneys and law firms choose Umpqua Bank for their IOLTA accounts, they amplify the impact of their funds.
Kelsey Benedick
US District Court of Oregon Historical Society. She also recently joined the MBA Young Lawyers Section Board of Directors.
Before joining Snell & Wilmer, Benedick was a partner at Larkins Vacura Kayser LLP in Portland. She earned her JD from Lewis & Clark Law School, where she graduated summa cum laude and second in her class.
o IOLTA programs are crucial in generating revenue to fund legal aid initiatives, especially for individuals with low or no income.
o IOLTA revenues allow legal aid organizations to provide assistance to individuals seeking help with public benefits, family law, civil law, housing law, employment law, consumer law, immigration, and other services they would otherwise be unable to access.
o By partnering with Umpqua Bank, legal professionals actively participate in building economic vitality, promoting access to legal services, and enjoying best of class banking, trust, and other financial products and services.
Umpqua Bank is the largest community bank on the West Coast with over 300 branches in eight states to serve our clients; community is our core. We strive to exemplify leadership by prioritizing community engagement, paying competitive interest rates, and actively supporting justice initiatives. We believe these efforts reflect our dedication to fostering economic vitality and supporting the wellbeing of the communities we serve. We encourage you to learn more about the importance of working with a Leadership Bank like Umpqua, and hope you will choose to work with us. Do Right Together is our motto, and together we can better provide access to justice for all.
Umpqua Bank is the preferred banking partner of the MBA. For more information, email SabrinaRippy@UmpquaBank.com or call 971.2194523.
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.
Steven Bell
Bruce Garrett
April Stone
Brett Applegate
Join the MBA Events Committee for this Multnomah Bar Foundation (CourtCare, CourtConnect and CourtSupport) fundraiser. Bands that include at least one Oregon lawyer will compete for the title of “Best Oregon Lawyer Band 2024.” Judges from the MBA legal community will decide the winner at the end of all the performances. Bring your family and friends and cheer for your favorite band! Crowd applause and interaction will be one of the criteria on which judging is based, in addition to the Audience Choice Award. Purchase tickets at www.bit.ly/lawyer-bands
Tips From the Bench
Getting Civil Cases Back on Regular Course
by Chief Civil Judge David Rees Multnomah County Circuit Court
At the first of this year, I was honored to assume the role of Chief Civil Judge for the Multnomah County Circuit Court. Taking over for Judge Marshall is a humbling experience as he performed this job so well for many years and through some very challenging circumstances.
In preparing to assume this role, one priority I have set is to return regular course civil cases to a regular course. Before 2020 and for as long as I can remember, the vast majority of cases filed in Multnomah County Circuit Court went to trial or were resolved within a year of the filing of the case. This was a legitimate source of pride for our legal community and an important indicator that our system of justice was functioning effectively. Timely justice is critical for maintaining the public’s confidence in our legal system.
The COVID-19 pandemic caused widespread tragedy, over one million lives lost and countless others impacted by severe illness. The disruption was profound, impacting economies, daily routines and social interactions worldwide. It was not only a health crisis, but also the largest social disruption of our lifetimes with profound impacts on all aspects of our society, including our justice system. With the work of many talented and creative people, and the use of new equipment and technology, our work in the courts continued. Trials were conducted in many new and innovative ways, and the wheels of justice continued to turn, albeit at a reduced speed.
Now that the health crisis has substantially abated, we are fully back and hard at work in the new courthouse, managing a very heavy caseload of criminal and civil trials. If you have attended trial call lately, you probably noticed the long assignment dockets that Presiding Judge Judith Matarazzo is working through every day. Currently, numerous cases are being tried in our court every week. In the midst of all of this work, we are going to restore our civil justice system to its pre-
Court Liaison Committee Lunch & Learn CLEs
pandemic level of efficiency, so that most cases, once again, go to trial or are resolved within one year of filing. We recognize getting our civil case schedules back on track will take time and effort, and we ask for the Bar’s help in accomplishing this important goal.
Here is how you can help: When you file or answer a regular course case in circuit court, file your complaint and answer with the mindset that this case will be resolved or go to trial within a year. During the pandemic, many timelines and statutory deadlines were paused or relaxed, and it would be normal for attorneys to develop the habit of filing a complaint or an answer and then setting the file aside for later scheduling and work. I encourage attorneys to restore the mindset that, as soon as the case is filed and you are engaged, you will be working to get the case to trial or resolution within one year of filing.
Work cooperatively with opposing counsel with regular and open communication. This will be in your client’s interest, the court’s interest and your own personal interest as it makes the practice of law more fun. That does not mean you limit your zealous representation of your clients. It means you focus your energy and attention on what really matters to your clients and promote efficient and timely resolution of your clients’ disputes.
Don’t wait until the court sends a proposed stipulated order setting trial dates under SLR 7.015 to begin discussions with opposing counsel when you want to set the case for trial. Work with opposing counsel as early as possible to set a reasonable case schedule and stick to it. And please avoid delaying motion practice to the point where obtaining the order you seek will result in delaying a previously set trial date. Bear in mind that if granting your motion will result in the delay of a trial date, that will weigh heavily against you obtaining the order you are seeking.
All of the great new communication tools developed during the pandemic should be a boost to our efficiency in processing civil cases. With these new tools and a renewed mindset, I am confident we will get back to our pre-pandemic case processing time standards. And restoration of these time standards and efficiency in civil case management is great news for parties and ultimately will promote the public’s confidence in our legal system.
A total of 88 people registered for the two free seminars offered this spring at the Multnomah County Central Courthouse. Chief Civil Court Judge David Rees, Judge Angela Franco Lucero, Judge Jenna Plank, Judge Katharine von Ter Stegge, and Erika Schmid, Judicial Clerk Supervisor, answered questions and shared advice with civil and criminal practitioners on April 12, and then-Chief Family Court Judge Susan Svetkey, Judge Patricia McGuire, Judge Jamie Troy, and Jasmine MaddoxRamsey, Judicial Clerk, did the same for family law practitioners on May 31.
These were opportunities for lawyers to become familiar with courtroom layouts, try out the new technology and ask questions of the judges in a casual, conversational atmosphere. Free and open to all, the seminars were designed for newer lawyers, lawyers who haven’t visited the new courthouse, and lawyers who’ve been conducting their court business remotely, and intended to give people more ease about being in court.
A special thank you to the judges and courthouse staff who generously gave of their time and opened their courtrooms, to Presiding Judge Judith Matarazzo for her support and
encouragement, to Trial Court Administrator Barbara Marcille for securing volunteers and helping with logistics, and to the Court Liaison Committee planning team of Chair Leslie Johnson, Samuels Yoelin Kantor LLP, Rachna Hajari, Multnomah County District Attorney’s Office, Ramon Henderson, Hodgkinson Street Mepham LLC, and Robert Parker, Chock Barhoum LLP. Thank you
Clerk Jasmine Maddox-Ramsey, Judge Jamie Troy, Judge Patricia McGuire and Judge Susan Svetkey take questions during the family law CLE.
Jasmine Maddox-Ramsey answers additional questions, post-CLE
Judge McGuire and Judge Svetkey
Referee Jane Fox Judicial Profile
by Sierra Fotos MBA Court Liaison Committee
Being diagnosed with Asperger’s Syndrome after 12 years as a criminal defense attorney liberated Referee Jane Fox from feeling the need to approach the practice of law in the same way as her neurotypical colleagues. Referee Fox discovered that the tools she uses to make legal theory and process accessible for herself are equally useful in helping confused and overwhelmed litigants have meaningful access to the court system.
There was very little awareness of neurodiversity during Referee Fox’s younger years and she often felt isolated. On the bench as a Multnomah County hearings referee and pro tem judge on highvolume civil and criminal dockets, Referee Fox is able to empathize and communicate with people who are often overwhelmed by the mysteries and complexities of the legal system because that is how she felt interacting with the neurotypical world.
Referee Fox grew up in Chicago as the youngest of five and only girl. As a teenager in the late 1970s, she went to Chicago Fest on Navy Pier and happened upon Henny Youngman doing stand-up. Referee Fox recalls feeling as though she had been struck by lightning. It was as
though Mr. Youngman spoke a language she finally understood. After high school, she attended Colorado College which has a unique academic calendar called the block plan. The block plan allowed Referee Fox to be much more successful academically than she had been either before or since. After graduation, she remained in Colorado Springs writing screenplays for a film production company that was making very low budget movies. Her only produced screenplay was, “Elves - They’re Not Working For Santa...Anymore” starring Dan Haggerty of Grizzly Adams fame. Her writing credit was essentially stolen after the director did a rewrite. However, upon viewing the finished project, Referee Fox was grateful for having been removed from the credits.
That experience dampened Referee Fox’s enthusiasm for the entertainment industry so she decided to go to law school. Apparently, Henny Youngman had made quite an impression because as soon as she began receiving law school acceptance letters, Referee Fox found herself on stage for open mic at a local comedy club. The very different paths of stand-up and the law
Over $150,000 Raised for Multnomah Bar Foundation
by Pamela Hubbs MBA Office and Foundation Administrator
Our generous donors have contributed more than $150,000 this year to support program operations for Multnomah CourtCare, CourtSupport and CourtConnect! This includes a $50,000 grant from the U.S. District Court Attorney Admission Fund and $11,780 in proceeds from February’s WinterSmash.
Our donors are listed below and also at www.mbabar.org/mbf They include attorneys, law firms, judges, courthouse staff, legal staff, organizations and members of the community. Donors who gave $5,000 or more will receive special recognition and be featured on the front page of the December issue of the Multnomah Lawyer
Every dollar makes a difference and we value your support. To add your name or your firm’s name to this list, please visit www.mbabar.org/mbf, or contact us at 503.222.3275 or mbf@mbabar.org.
have been entwined ever since. Referee Fox continued to do stand-up throughout the Pacific Northwest while attending Lewis & Clark Law School and working as a certified law student in the Portland office of Metropolitan Public Defender.
After graduating and passing the bar, Referee Fox moved to Los Angeles where she continued to perform as a stand-up and wrote spec scripts for TV shows including Ink and 3rd Rock From the Sun. In the summer of 1998, Referee Fox returned to Portland and began working as a staff attorney at the Washington County office of Metropolitan Public Defender.
In early 2011, after nearly blowing the curve on an AutismSpectrum Quotient test, Referee Fox was officially diagnosed with an autism spectrum disorderwhat was then called Asperger’s Syndrome. Until that time, Referee Fox’s label had been dyslexic. Prior labels had been a bit more pejorative. Though she is quite happy with the Asperger’s label, Referee Fox is prepared to accept any label that does not contain nutritional information.
Post diagnosis, Referee Fox went back on stage in the summer of 2011 after a more than 10-year hiatus from standup. As a result, she was cast as the backyard chicken lady in the “We Can Pickle That” sketch from the opening episode of the second season of Portlandia
Pilar French
Hart Wagner LLP
Larkins Vacura Kayser LLP
Lindsay Hart LLP
Markowitz Herbold PC
McEwen Gisvold
Samuels Yoelin Kantor LLP
Sokol Larkin
THANK YOU, 2024 CAMPAIGN DONORS!
BENEFACTOR
$5,000+
U.S. District Court for the District of Oregon Attorney Admission Fund
A special note of thanks to the Attorney Admission Fund for its $50,000 grant. We are profoundly grateful for your generous support.
Angeli Law Group
Buchanan Angeli Altschul & Sullivan LLP
Foster Garvey PC Holland & Knight LLP
Keller Rohrback
Lane Powell Stoel Rives LLP Washington Trust Bank
CHAMPION $2,500+
Harrang Long P.C. Perkins Coie Foundation Schwabe Snell & Wilmer
Sugerman Dahab
Sussman Shank LLP
Tonkon Torp LLP
HERO $1,000+
Allegiant Law LLP
Barran Liebman LLP
Dunn Carney LLP
Thomas S. Chow
Referee Jane Fox with her Newfoundland dog, Janet Chicken Sandwich in 2012. In Portland, Referee Fox practiced almost exclusively in high volume dockets, often appearing in front of most of her current pro tem colleagues. Defense attorney Fox’s tenacity and Aspergian bluntness when advocating for her clients most likely annoyed her future colleagues to no end. Fortunately, they do not appear to hold it against her and she finds them all to be the most accepting and supportive group of people she has ever worked with.
Referee Fox sought out the Asperger’s diagnosis as way to lend context to her stand-up act. However, what initially began as a mercenary label grab ended up having a profound effect on her legal practice. “Because I lack the social context that is baked into how a neurotypical person experiences the world, I find most everyday situations to be completely absurd. When I present my observations within the traditional joke structure, people find my perspective hilarious.” Referee Fox was not expecting that process to be equally effective when communicating with her indigent clients. In her current role, Referee Fox says that her focus is less on entertaining and more on demystifying the legal system for those appearing before her, “no matter how tempting.”
Referee Fox moved to the Multnomah County office of Metropolitan Public Defender
When she is not on the bench, Referee Fox can often be found spending time with her husband, a retired pro tem judge, at their cabin on the coast in Washington and paddleboarding with her Newfoundland dog, Janet Chicken Sandwich, on the Willapa Bay.
Thank you for your support in 2024. Please remember the MBF as you budget for next year! www.mbabar.org/mbf
Bob Steringer
Stoll Stoll Berne Lokting & Shlachter Fund of Oregon Community Foundation
Wyse Kadish LLP
FRIEND $500+
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Scott Downing
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Edwin A. Harnden
Christine Hein
Mary Louise McClintock and Hon. Thomas Balmer
NAEGELI Deposition & Trial
Paulson Coletti
Bill Penn
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PARTNER $250+
Hon. Cheryl Albrecht, in the name of Judge Julie Frantz
Hon. Amy Baggio
Hon. Adrian Lee Brown, in the name of The Kids - in Gaza, Israel, and Around the World.
Love Wins!
J. Laurence Cable
Bruce Cahn
Mary Lou Haas, in memory of Harl Haas
Harris & Bowker LLP
Chip Hudson
Scott L. Jensen
Anit Jindal
Morris Family Law LLC
Jack Orchard
Hon. David Rees
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Hon. Katherine Tennyson, Retired
Vangelisti Mediation
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DONOR up to $249
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Blunck Law, LLC
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Stephen A. Houze - Attorney
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Law Offices of Karl G. Anuta PC
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Thank you for your support!
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!
Pro Bono Spotlight
Mieke de Vrind
by Maya Rinta YLS Pro Bono Committee
As a parole attorney, Mieke de Vrind represents incarcerated people at all levels of parole hearings. Her practice is grounded in the belief that we all can learn from those who choose to confront the harm and shame associated with the worst thing they have ever done in their lives.
Mieke grew up in Delaware and attended undergrad at Goucher College in Baltimore, Maryland. After graduation, she was a conflict resolution mediator working with incarcerated people transitioning from prison back to the outside community. Searching for another tool to address criminal justice issues, she went on to attend Lewis & Clark Law School.
Mieke’s decision to become a parole attorney is due in large part to her fellowship experience at Yale Law School’s Criminal Justice Advocacy Clinic. She recalls sitting across the table from her parole client, a person who had committed a crime as a juvenile, and feeling a sense of gratitude. “I was learning from someone who had completely transformed how they respond to conflict,” she describes. “That person believed in community, believed that every single person had potential, and was resilient enough to transform themselves and the world for the better - against all odds and while in custody.”
After earning her JD, Mieke worked as a staff attorney at the Criminal Justice Reform Clinic at Lewis & Clark Law School. There, she ran the Parole Project, representing people for parole hearings in addition to training and mentoring law students. Now a solo practitioner, Mieke continues to represent people in front of the Oregon Board of Parole (the Board).
A large part of her practice includes “murder review” hearings, where the Board determines whether someone convicted of murder has shown rehabilitation after serving the mandatory minimum prison sentence. Mieke prepares and represents clients for these hearings, which can last all day and include detailed recounting and intensive questioning by the Board about the underlying crime, as well as her clients’ drug and alcohol history, trauma
Law Day 2024
by Shiri Salehin YLS Service to the Public Committee
This Law Day, the YLS Service to the Public Committee was thrilled to host our first in-person programming since the pandemic! Law Day was established by President Dwight D. Eisenhower in 1958 as a day of “national dedication to the principle of
history, and history in custody spanning multiple decades.
If the Board decides in favor of rehabilitation, then the person must undergo a psychological evaluation and appear for a separate “exit interview” hearing. There, the Board decides whether to set a date for release from prison, or else delay release. It is a critical step in the parole system, but because there is no right to legal representation for the exit interview, the state does not provide for an attorney.
Mieke represents every single client pro bono
She cites several reasons for her decision to do so. The exit interview can be practically identical to the murder review hearing, and the stakes are just as high. The chances of her former clients obtaining other representation for an exit interview is practically zero.
Mieke does not want them to go it alone. She states it simply: “As an attorney working in this system, I believe in rehabilitation and the power of change, and I’m going to support the person doing it.”
In addition to the time and effort Mieke spends preparing for and representing clients, her many contributions to Oregon’s parole system are incalculable. Yet rather than focus on her work, Mieke invites us to consider what her clients can offer to all of us. “Although we have vastly different experiences, as human beings we all carry shame, and we all can learn from potential parolees who are incredibly brave in facing their shame in a high-stakes forum,” Mieke says. “I feel grateful to witness it.”
Legislation5 - a 16-panel exhibit highlighting groundbreaking legislation in Oregon - on special display for Law Day.
Our second event was a workshop on the Legal Legacy of Japanese American Incarceration and Forced Removal hosted by
government under laws.”1 In his proclamation creating Law Day, President Dwight D. Eisenhower urged the legal profession to “promote and to participate in the observance” of Law Day. In 1961, Congress designated May 1 as the official date for celebrating Law Day.2 In 1969, the American Bar Association began designating a theme for each Law Day.3 This year’s theme was “Voices of Democracy.”4
On May 1, we held our keystone event, Oregon Judicial History Makers, at the Oregon Historical Society. The event began with Voice of America archival radio broadcasts from the celebration of the 10-year anniversary of Law Day. Then, Oregon Supreme Court Justice Aruna Masih (first South Asian woman to join the Oregon Supreme Court), Washington County Circuit Court Judge Maalik Summer (first openly transgender judge in Oregon), and Ninth Circuit Court of Appeals Judge Jennifer Sung (Oregon’s first Asian Pacific American to serve on the Ninth Circuit) spoke about their paths to the bench, illustrated with personal photos from their own collections. After the presentation, attendees were able to view Oregon’s Landmark
1 Proclamation No. 3221, 72 Stat. c24 (Feb. 3, 1958), www.bit.ly/lawday-proc
2 H.J. Res. 32- 87th Congress (19611962): A resolution designating the first day of May of each year as “Law Day,” H.J. Res 32, 87th Congr. (1961), www.bit.ly/lawday-reso
3 History of Law Day, Am. Bar. Ass’n, www.bit.ly/lawday-history
4 Law Day 2024, Am. Bar. Ass’n, www.bit.ly/lawday-2024
Our final event was a lunch and learn, Women in High Courts, hosted by Portland State University. This event began with a presentation by political science professor and pre-law advisor Dr. Christopher Shortell, regarding his research on women in high courts. Next, Oregon Supreme Court Justice Rebecca Duncan spoke about her path to the bench before a spirited Q&A with attendees. In addition, the OWLS Foundation loaned us their traveling exhibit “History of Women Lawyers in Oregon,” which was on display during the event.
the Japanese American Museum of Oregon. In the first part of the workshop, Attorney Peggy Nagae, leader of the legal team that successfully fought to overturn Minoru Yasui’s conviction for violating Executive Order 9066, discussed the legal history of Executive Order 9066 and her work to overturn Yasui’s conviction. Next, participants stood inside the jail cell where Minoru Yasui spent nine months in solitary confinement while awaiting his appeal to the Supreme Court. Last, participants reviewed the 2018 Supreme Court decision in Trump v. Hawaii and the 1944 decision in Korematsu v. U.S. and discussed the relationship between the two cases.
Thank you to everyone who participated in Law Day 2024. This year, we were able to offer incredible programing thanks to our numerous partnerships. The Oregon Historical Society, Japanese American Museum of Oregon, and Portland State University collaborated with us to offer event space, onsite support, and publicity. Christa Graf, a historian, ethnographer, and public educator provided consulting services and curated every event. It is thanks to Christa that we had such wonderfully robust events. In addition, outstanding members of the legal community volunteered their time to participate in each event.
5 Learn more about this traveling exhibit at www.bit.ly/ohs-exhibit
Mieke de Vrind
The YLS Service to the Public Committee is so happy that Law Day 2024 was a great success and we can’t wait to see you next year for Law Day 2025!
Justice Rebecca Duncan (right) with program participants
Peggy Nagae and Shiri Salehin
Justice Aruna Masih, Judge Maalik Summer and Judge Jennifer Sung
Member Spotlight
Sarah Coates
by Wilson Jarrell YLS Board Treasurer
The YLS is pleased to spotlight Sarah Coates, a valued member of the YLS Service to the Public Committee. Sarah is an Oregon native, having grown up in Eugene before attending Portland State University to earn her undergraduate degree in psychology with a minor in English.
Sarah always knew that she wanted to attend law schoolbeginning when she was around 12 years old, she would inform adults that she wanted to be a divorce attorney when she grew up. Following the completion of her undergraduate degree, Sarah attended the University of Oregon School of Law, where she was awarded the Ibrahim J. Gassama Award for Editorial Excellence for her work on the Oregon Review of International Law. Sarah also was a participant in the school’s Advanced Domestic Violence Clinic, where she represented survivors of intimate partner violence in numerous matters both in and out of court.
However, it was in the summer after the second year of law school when Sarah found her current calling, clerking with a medium-sized business law firm in Eugene. Sarah also worked as a Research Assistant at the university, working primarily to update a treatise on Article 9 of the Uniform Commercial Code.
Following graduation, Sarah began her current practice with Sussman Shank LLP, where she works with clients on general business matters including business sales and acquisitions, as well as entity formation and maintenance. Sarah also regularly serves her community, volunteering with the OSB as part of their New Tax Lawyer Committee as well as serving
Sarah Coates on the Service to the Public Committee with the YLS.
This past year, Sarah has been instrumental in a number of projects with the YLS Service to the Public Committee. She helped to facilitate the long running Imprint Project, as well as organizing the inaugural “Profit & Toss” charity cornhole tournament with fellow committee member Noah Maurer in collaboration with the Oregon Society of CPAs Young Professionals Committee. This event benefitted Friends of Seasonal & Service Workers, an all-volunteer organization of community activists, students, seasonal workers, clergy and other concerned residents dedicated to assisting all-volunteer, independent organizing drives of farm, seasonal and service workers who are struggling to build collective solutions to their poverty conditions.
When not giving back to her community or serving her clients, Sarah describes herself as a serial hobbyist. She recently took up the sport of curling and competes in a bowling league with her team “I Can’t Believe It’s Not Gutter.”
YLS Judges’ Social
On June 25, the YLS held its annual Judges’ Social at the historic Pioneer Courthouse. This event provided attorneys the opportunity to socialize with members of the bench
in a cordial and informal environment
Thank you to the YLS Membership Committee for organizing the event and to everyone who participated!
Cornhole Showdown
by Noah Maurer YLS Service to the Public Committee
On June 6, in a departure from the usual legal jargon and courtroom decorum, lawyers and attorneys converged for an exhilarating cornhole tournament at Rogue Eastside Pub & Pilot Brewery. The event, co-organized by the YLS and Oregon Society of CPAs, aimed to answer the age-old question: Are attorneys or accountants more coordinated?
In the first edition of the tournament, the attorneys came out resoundingly victorious. Two attorney-led teams faced off in the finale, with all accountant-led teams dropping out before the semi-final of the tournament. Despite a strong showing from Jake Johnson and Marcus Hillenkamp, the CPAs will need to crunch the numbers on their overall performance.
We look forward to returning in the future and continuing to foster competition between CPAs and attorneys in our shared community. The CPAs
donation for Friends of Seasonal and Service Workers (FSSW). We greatly appreciated FSSW attending the event in full force, with an impressive showing of participants in the tournament.
DeAndre Jackson and Isaiah Hardy vanquished Noam AmirBrownstein and Andrew Wallace in the final match, marking themselves the champions of the tournament. We congratulate all our participants on an impressive showing. However, the attorneys need not get complacent after an initial victory. Future tournaments will no doubt be decided by even closer margins.
During the tournament, through the support of Perkins & Co and Sussman Shank LLP, we raised a generous
Generously sponsored by:
Davis Wright Tremaine LLP
Klarquist Sparkman LLP
Larsen Law LLC
O’Hagan Meyer
Sokol Larkin LLC
Tonkon Torp LLP
have promised to practice for next year once tax season is over. Likewise, the attorneys have promised to prepare materials for the next round of negotiations.
Jessica Brown and Zachary Johnson Tournament champions Isaiah Hardy and DeAndre Jackson
Classifieds
Positions
Hart Wagner LLP - Associate Attorney - Civil LitigationDefense
Hart Wagner LLP seeks an attorney to join our Central Oregon team. Our office is located in the Old Mill district in Bend. Applicants must have at least three years of litigation experience. We are looking for someone excited to work with our preeminent medical malpractice and civil litigation teams. Applicants with strong analytical, writing, and oral advocacy skills are encouraged to apply. The successful candidate will work with a team of professionals dedicated to providing the highest level of legal representation. If you are an experienced team player with excellent writing and analytical skills, Hart Wagner wants to meet you. Why join Hart Wagner? We are a widely renowned Pacific Northwest civil litigation firm, dedicated to excellence in client service and the hiring of talented professionals. Here you will find a fast-paced, team-oriented and fun work environment. Hart Wagner offers competitive compensation and a generous benefits package. If you are looking for a wellestablished law firm, a proven track record for growth, and an inclusive culture, Hart Wagner is the place for you! Hart Wagner is an equal opportunity employer. We welcome all applicants and strive to provide a workplace in which all employees feel included, respected, and valued. Qualified applicants should submit the following documents to employment@hartwagner.com: writing sample (5-7 pages), cover letter and resume. All inquiries will be held in strict confidence.
MB Law Group, LLP -
Associate Attorney
MB Law Group, LLP, a boutique litigation defense firm serving high-end clients, and located in downtown Portland, seeks an associate attorney with three to five years of litigation experience who is ready to build a long term, positive future for themselves and with our team. The firm represents (as local and national counsel) numerous national and international clients in various kinds of litigation, including
automotive, motorsport, and aviation, product liability, national chain premises, and commercial litigation, and financial institution as well as general liability defense. All of the firm’s attorneys are rated as “Super Lawyers” by Thompson Reuters, and much of that is attributable to the firm’s positive, team-oriented, and supportive culture. The candidate will have the unique opportunity to immediately work on and play an active and important role on many high-profile cases. We are looking for someone who is intelligent, thoughtful, practical, energetic, motivated, independent, and who has a long-term vision for building and growing their legal career. We are looking for an individual who wants to grow their skills and join a team of attorneys and staff doing great work while also ensuring we enjoy life. We strongly encourage diverse candidates to apply. Please submit your resume and a brief cover letter to Anita Darling at adarling@mblglaw.com.
Oregon Bankruptcy CourtTerm Law Clerk Position Chief Judge Thomas M. Renn is recruiting for the position of Term Law Clerk. For information about the position and application instructions, visit the court’s employment page at www.orb.uscourts.gov and click on the Employment tab.
Oregon Public Defense Commission - Deputy Defender Application Deadline: Open until filled
LOCATIONS:
• Portland (Northwest) > 2 vacancies
• Medford (Southern Oregon) > 3 vacancies
• Salem (Central Valley) > 3 vacancies
COMPENSATION RANGE:
$8,298-$11,075
Benefits are through the State of Oregon: Oregon Health Authority : PEBB Home : Public Employees’ Benefit Board : State of Oregon
MINIMUM QUALIFICATIONS
Graduation from an accredited law school AND member of the Oregon State Bar or eligible for membership through reciprocity or a program approved by the Oregon State Bar, AND meets or exceeds OPDC standards
for court appointed counsel in Misdemeanor Cases, Lesser Felony Cases, or Major Felony Cases Attorney Standards, Certification Form, and Supplemental Questions (www.oregon.gov) AND Valid Oregon Driver’s license.
WHO WE ARE
The Oregon Public Defense Commission (OPDC) is a 13-member commission appointed by the Chief Justice of the Oregon Supreme Court based on input from all three branches of Government. The Commission serves as the governing body for Oregon’s public defense system. The Commission provides policy direction and oversight for the administration of the system. The legal services provided by OPDC represent an essential component of Oregon’s public safety system. The mission of OPDC is to ensure constitutionally competent and effective legal representation for persons eligible for a public defender.
The office includes the Executive Division, the Appellate Division, the Trial Division, the Trial Development & Resources Division, and the Administrative Services Division. The Trial Division was created by the Oregon Legislature to provide trial-level public defense services by hiring counsel and supporting staff, including paralegals, legal secretaries, investigators, case managers, and discovery clerks, as state employees through OPDC.
WHAT YOU WILL DO
Deputy Defenders in the Trial Division are Public Defenders who provide court appointed legal representation and advocacy to indigent clients who are charged with criminal offenses in the circuit courts in the State of Oregon. Deputy Defender attorneys are expected to represent clients from arraignment through filing of post-trial motions. There may also be occasional pre-indictment representations. Case types will include probation violations, misdemeanors and contempt charges, lesser and major felonies, extradition proceedings, and other adjudications that are directly related to these matters.
Apply at www.bit.ly/deputy-defender
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The Crucial Role of Directly Reporting Potential Claims to a Carrier’s Claims Department Under Lawyers’ Professional Liability Policies
by Blake Schellenberg Executive Vice President, IMA Financial Group
In the legal profession, maintaining professional liability insurance is essential to protect attorneys from potential claims and financial liabilities. However, when circumstances arise that could lead to a claim, the method of reporting plays a significant role in ensuring proper coverage and support. In this article, we explore why it’s crucial to report circumstances that might reasonably give rise to a claim directly to a carrier’s claims department under lawyers’ professional liability policies rather than including them in the renewal application for insurance.
1. Timely Response and Action
Directly reporting potential claims to a carrier’s claims department allows for a more immediate response and action. Claims departments are equipped with resources and protocols to handle such situations efficiently.
By bypassing the renewal application process and reporting directly to the claims department, attorneys can ensure that their concerns are addressed promptly, leading to quicker investigations and resolutions.
2. Preservation of Coverage Reporting circumstances directly to the claims department helps in preserving coverage under lawyers’ professional liability policies. Insurance policies often have specific requirements regarding the reporting of potential claims or circumstances that could lead to a claim. Failing to report directly to the claims department within the stipulated timeframe may jeopardize coverage, leaving attorneys exposed to substantial financial risks.
3. Focused and Detailed Communication When reporting potential claims directly to the claims department, attorneys can provide focused and detailed information regarding the circumstances in question. This direct communication ensures that all relevant details are conveyed accurately, facilitating a thorough assessment of the situation by the insurer. Clear and precise reporting
enhances the likelihood of a fair and favorable outcome for the attorney.
4. Expert Handling and Guidance
Claims departments are staffed with experienced professionals who specialize in handling legal malpractice claims. By reporting directly to the claims department, attorneys gain access to expert guidance and support throughout the claims process. This includes legal advice, claims management assistance, and recommendations for risk mitigation strategies. Working closely with claims professionals can significantly benefit attorneys facing potential liabilities.
5. Mitigation of Risks and Liabilities
Prompt reporting to the claims department allows insurers to take proactive steps to mitigate risks and liabilities. Insurers may initiate investigations, negotiate settlements, or provide legal representation, depending on the circumstances. Early intervention can help in containing potential damages and resolving disputes before they escalate, ultimately safeguarding the attorney’s interests and reputation.
6. Compliance with Policy Terms
Reporting potential claims directly to the claims department is in accordance with the terms and conditions of lawyers’ professional liability policies. Insurance contracts typically outline the procedures and timelines for reporting claims or circumstances, and adherence to these requirements is crucial to maintaining coverage. By following the prescribed reporting process, attorneys demonstrate their commitment to compliance and risk management.
In conclusion, reporting circumstances that might reasonably give rise to a claim directly to a carrier’s claims department under lawyers’ professional liability policies is paramount for attorneys seeking comprehensive coverage and support. This approach ensures timely response and action, preserves coverage, facilitates focused communication, provides access to expert guidance, mitigates risks and liabilities, and demonstrates compliance with policy terms. By understanding the importance of direct reporting and collaborating effectively with claims departments, attorneys can navigate potential challenges with confidence and resilience.
YLS Solve Clean-Up Event Recap
by Cyd Maurer and Garrett Thompson YLS Service to the Public Committee
A successful spruce-up was held at historic Laurelhurst Park. Together with the help of SOLVE Oregon and members of the YLS Service to the Public Committee, volunteers descended on all 26 acres of Portland’s beautiful Laurelhurst Park on Sunday, May 19. About 15 eager volunteers, some clad in brightly colored high-visibility vests, used garbage grabbers to collect more than 10 large bags of trash. Scouring the green space for two hours, volunteers collected an array of
small debris, like plastic bottle caps and food wrappers, and even found a few unexpectedly large trash items, like discarded rolls of carpet. While picking up the park, several community members who were out enjoying the space stopped to thank volunteers and learn more about SOLVE’s mission. The committee wants to extend a huge thank you to those who turned out for this community service event and contributed to the success of this park clean-up effort!
2024 Imprint Project a Success
by Sarah Coates YLS Service to the Public Committee
Coordinated by the YLS Service to the Public Committee in connection with Parkrose High School, the Imprint Project is a unique way for Parkrose High School students to connect with attorneys and judges in their community. MBA members and Parkrose students become pen pals, writing letters over a period of months. Students and volunteers read and discuss a novel, share stories, and exchange updates from their lives.
This year’s Imprint Project saw almost 90 MBA volunteers matched with student participants and culminated in an in-person celebration at Parkrose on May 17. A big thanks to all the MBA members who generously volunteered their time to the 2024 Imprint Project!
