June 2024 Multnomah Lawyer

Multnomah Lawyer

Goodbye and Hello

by Theresa L. (Terry) Wright MBA Immediate Past President

This is my last column before 2024-25 MBA President Brad Krupicka takes over. It is my last opportunity to share some of my thoughts with all of you. I hope that in my past columns, you have found that at least one of them gave you food for thought, or an idea to change the way you do things. I know my columns have resonated with some, as I have received comments every month from members who have appreciated what I have had to say. I hope this column, too, inspires thought.

See details on p. 3. To register, visit www.mbabar.org/cle and input your OSB number to register at the member rate.

Chad Colton between the Bar and judiciary, keeping communications channels open and informing the Bar of court policies and procedures. The Professionalism Committee offers additional CLE programming and works to foster professional relationships in law practice. Our Public Service Committee organized a series of volunteer activities for early May, for lawyers and also for their families and friends. In addition to our eight standing MBA committees, members also serve on the Health Plan Board of Trustees.

6.12 Wednesday Oral Arguments on Motions: Proven Strategies for Legal Advocacy

And I haven’t even touched on all of the activities of the YLS and MBF.

We have a small staff of just five, but they keep the organization running...

The MBA is a “we’re all in this together organization.”

In March, I had the pleasure of going on an educational and cultural tour of Cuba. To say it was fabulous is an understatement. So how does this relate to my final column? Stick with me here. Due to the ongoing US embargo of Cuba, the Cuban economy is in shambles. Food, clothing, fuel, raw materials, medicine, items like sunscreen and bug repellant, and the like are difficult to come by. Not even the Cubans drink tap water, and bottled water is very difficult to find. The Cuban government helps, particularly with food, but the people are still struggling. Legally- and medically-trained people make an average of $20 US per month, the same as most Cubans. The bartender in our hotel was an electrical engineer by training, but made more money tending bar. Some of the better-paid people in Cuba are taxi drivers, so there are many lawyers making their living shuttling people around town rather than plying their trade. It was eye-opening, to say the least.

What struck me most, though, is how resilient the Cuban people are. They have accepted their way of life as their way of life and do the best they can to survive. Given the state of the Cuban economy, what is surprising is that there is very little “street” crime in Cuba. In fact, I misplaced my wallet for a time, and my first thought was that it had been lifted from my bag while on a tour. Our tour guides were extremely skeptical of my theory. Turns out they were right and my wallet was in my hotel room.

I didn’t ask why there was so little crime, but came to the conclusion that the Cubans have a “we’re all in this together” attitude. It showed in their friendliness, kindness, and willingness to assist whenever possible. So, to the point of this column. The MBA is a “we’re all in this together” organization.

In my first column, I gave a shout-out to the MBA’s volunteers and staff. After serving as president for a year, I realize that was an understatement. This association does so much. We offer over 70 quality CLE seminars each year. We offer large social events such as the Annual Dinner and Absolutely Social and smaller gatherings like Bench, Bar and Bagels. Our Equity, Diversity & Inclusion Committee has many projects going on, including awarding disadvantaged students grants to take an LSAT prep course, which is helping to increase the diversity of the Bar. Our Judicial Screening Committee reviews all applicants for gubernatorial appointment and pro tem positions, and makes recommendations to the governor and/or presiding judge. The Court Liaison Committee bridges the gap

All of the above happens mostly with volunteers, but the glue that holds it all together and does a yeo-person’s job in pulling things together is our staff. We have a small staff of just five, but they keep the organization running and our committees on track. We wouldn’t be the organization we are without them. For those who missed the Annual Dinner, I announced there that Executive Director Guy Walden and Director of Events & Programs Kathy Modie have each been with the MBA for 25 years. That’s an amazing accomplishment given the current wave of people moving from job to job frequently. They, along with Member Services Administrator Ryan Mosier, Office & Foundation Administrator Pamela Hubbs, and Program Coordinator Imani Smith, are our “we are all in this together” backbone. I can’t thank them all enough for all the work they do and their dedication to this organization and you, its members.

Finally, a shout-out to the MBA Board. This is not always glamorous work, but this year’s board was terrific. They made me look good.

I have been honored to serve the MBA as its President this past year, and I have enjoyed it immensely. I look forward to continued involvement as an MBA volunteer, and can assure you the organization is in wonderful hands under the leadership of incoming president, Brad Krupicka.

mba EVENT

The MBA Events Committee invites you to Portland Pickles Event Friday, July 12 7:05 p.m. Walker Stadium 4727 SE 92nd Avenue, Portland

Cheer on our hometown baseball team “The Portland Pickles” against their rivals “Bend Elks.” Bring the whole office or family. The MBA Events Committee has reserved seating for MBA members and there will be carnival games, rides and special contests during the game.

Gates open: 6 p.m. Game time: 7:05 p.m. $15 for MBA members and non-members

Calendar

JUNE

3 Monday MBA Solo & Small Firm Workshop Details on p. 11

6 Thursday YLS/OSCPA Cornhole Tournament Details on p 10

22 Saturday St. Andrew Legal Clinic Race for Justice Details on p. 6

25 Tuesday YLS Judges’ Social Details on p. 10

12 Friday Portland Pickles Event Details this page

25 Thursday OMLA Auction www.omlalawyers.com

15 Thursday Battle of the Lawyer Bands Details on p. 9

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

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: Imani Smith

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Copyright Multnomah Bar Association 2024

Congratulations, Award Recipients

The May 8 MBA Annual Meeting, Dinner and Judges Reception recognized exemplary members of our profession. The MBA Professionalism Award recipient was Liani J. Reeves and the MBA Diversity Award recipient was Portland State University Student Legal Services. MBA Awards of Merit were presented to Jeffrey A. Howes, Janice R. Morgan and Laura Rochelois. The YLS Award of Merit was given to Alexandra N. Hutchinson. Molly A. Becker and Aime C. Lee Ohlmann received the YLS Rookie of the Year Award. Pro Bono Awards recognized Laura L. Donaldson, Zoë F. Habekost, Richard J. Parker and Dunn Carney LLP

Congratulations to all the very deserving award recipients!

See photos from the evening at www.bit.ly/annual-meeting24

Thank you, MBA Annual Meeting sponsors!

Title Sponsor

Reception Sponsors

Affinity Sponsors

Clio Legal LawPay

Legal Northwest Staffing Specialists

NAEGELI Deposition & Trial Umpqua Bank

Major Sponsors

ABA Retirement Funds Program

DISCO

Farleigh Wada Witt

Harrang Long P.C. Jen Myers - Certified Divorce Real Estate Expert, Jen Runs Real Estate/eXp Realty

Lane Powell PC

Larkins Vacura Kayser, LLP

Table Sponsors

Allegiant Law LLP • Barran Liebman LLP • Buchanan Angeli Altschul & Sullivan LLP • Buckley Law P.C. • Davis Wright Tremaine LLP • Dunn Carney LLP • Janet Hoffman & Associates • Markowitz Herbold • Miller Nash LLP • O’Hagan Meyer • Oregon State Bar • PLF Excess Program • Samuels Yoelin Kantor LLP

Photos by Ildiko Arndt Smith, www.whitelion-design.com

Wine Sponsors

Liani Reeves giving her Professionalism Award acceptance speech

PSU Student Legal Services received the Diversity Award

Laura Rochelois, Janice Morgan and Jeffrey Howes with their MBA Merit Awards

YLS Rookie of the Year recipients Aime Lee Ohlmann and Molly Becker pictured with Maxine Tuan

Zoë Habekost is presented with the Michael E. Haglund Pro Bono Award by Emily Brown-Sitnick

YLS Award of Merit recipient Alexandra Hutchinson pictured with Maxine Tuan Richard Parker is presented with the Legal Aid Pro Bono Volunteer of the Year Award by Emily Brown-Sitnick. Not pictured: Laura Donaldson, who also received the Legal Aid Pro Bono Volunteer of the Year Award

Dunn Carney LLP received the Pro Bono Award of Merit

Cristela Delgado-Daniel, chair of the MBA Fellows Program Taskforce recognizes the 2024 MBA Fellows

CLE

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.

Oral Arguments on Motions: Proven Strategies for Legal Advocacy

Wednesday, June 12 12-1 p.m.

Remote attendance only via Zoom Members $30/Non-Members $50

Mastering the art of oral arguments on motions is vital for effectively advocating for your clients. This presentation by Markowitz Herbold trial lawyer Chad Colton offers a comprehensive guide to the best practices and strategies that will enhance the persuasive power and impact of oral arguments on motions. Chad will cover preparation strategies, crafting compelling arguments, engaging with the court, presentation skills, and post-argument strategies.

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

Visit www.mbabar.org/cle to register online or scan this QR code.

Member FDIC Equal Housing Lender

mba ANNOUNCEMENTS Ethics Focus RPC 1.12:

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.

LSAT Prep Scholarship Mentorship Program

The MBA ED&I’s Pipeline Subcommittee is seeking to expand their LSAT Prep Scholarship to include a mentorship program for our scholars. This mentorship opportunity will allow our scholars to learn more about the legal community in Oregon and is meant to help guide and inspire their legal interests. We plan to launch this program in the summer while our 2024 scholars begin to apply to law schools. If you are interested in being part of this program, please email subcommittee co-chair MJ QuintanaRodriguez (mjquintanarodriguez@gmail.com).

Lawyer Volunteer Needed for Disability Rights Oregon’s Mental Health Advisory Council

Disability Rights Oregon needs a lawyer to volunteer for its Mental Health Advisory Council. The Council is comprised of people who experience mental illness and their family members, mental health providers, members of the public knowledgeable about mental illness, and lawyers. The Council’s primary job is to advise Disability Rights Oregon’s Board, lawyers, and advocates about work to protect and advocate for the rights of Oregonians with mental illness. Contact Dave Boyer (dboyer@droregon.org) with questions. Visit www.droregon.org/mhac-application to apply to be a Council member.

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.

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).

Commitment to Professionalism

The MBA Professionalism Statement is available for MBA members to order and display in their offices. The statement is printed on quality 11x14” parchment paper and is suitable for framing. Reconfirm your commitment to professionalism; order your free Professionalism Statement at www.bit.ly/prof_statement.

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.

Arbitrators, Mediators, and Pro Tem Judges

We usually think of RPC 1.12 as the “former judge’s rule” because it addresses the circumstances when a former judge or the former judge’s law firm may - and may not - represent a party in a proceeding the former judge handled while on the bench. Lawyers sometimes forget, however, that the rule also applies to arbitrators, mediators, and pro tem judges. These other situations can be much more common for many law firms. Senior litigators often serve as arbitrators or mediators. Other firm lawyers may serve as pro tem judges - particularly in Multnomah County where, under Supplementary Local Rule 5.016, most summary judgment motions are heard by pro tem judges. In this column, we’ll survey RPC 1.12 as applied to these other roles. We’ll first look at how RPC 1.12 imputes conflicts of an arbitrator, mediator or pro tem judge to that person’s law firm as a whole and then survey how otherwise disqualifying conflicts can be addressed through screening. Before we do, however, three qualifiers are in order.

First, law firms should also carefully review RPC 1.12(a) if they are thinking of hiring a former judge and are involved in a case the judge handled earlier while on the bench. Under RPC 1.12(c), a former judge’s conflict will be imputed to the law firm absent timely screening of the judge from the matter or a conflict waiver from all of the parties. If not addressed, the conflict can pose a risk of both regulatory discipline for the former judge and disqualification for the firm. In re Maurer, 364 Or. 190, 431 P.3d 410 (2018), surveys the former and Dahlen v. City of Bend, 56 Or. LUBA 789 (2008), discusses the later.

by Mark J. Fucile Fucile & Reising LLP

Second, law firms thinking of discussing possible future employment with a sitting judge should closely review RPC 1.12(b), which generally prohibits a judge from negotiating for employment with a party or a party’s lawyer or law firm in an active matter in which the judge is participating “personally and substantially.” OSB Formal Opinion 2009-181 (rev. 2016) addresses the parameters of the prohibition in RPC 1.12(b) and notes that the Code of Judicial Conduct and other law governing public employees also generally apply in this scenario.

Third, Oregon has a unique rule - RPC 2.4, patterned on former Oregon DR 5-106 rather than the corresponding ABA Model Rule - governing lawyermediators that prohibits a lawyermediator from later representing one party against another in the same or related proceeding but does allow the mediator to document and assist the parties in implementing the settlement. OSB Formal Opinion 2005-101 (rev. 2022) discusses RPC 2.4 in detail. We’ll address the prohibition here but leave assisting parties with documenting and implementing settlements for another day.

Imputed Conflicts RPC 1.12 generally prohibits arbitrators and pro tem judges from personally representing a party in a matter in which the arbitrator or pro tem judge presided absent the consent of all parties (unless the arbitrator was a “partisan” panel member under RPC 1.12(d)). RPC 2.4(a)(1) prohibits a mediator outright from later representing a party involved in a mediation against another party in that same or a related matter. In re Van Thiel, 24 DB Rptr. 282 (Or. 2010), for example, involved a lawyer-mediator who was disciplined under RPC 2.4(a)(1) for first mediating a marital dissolution and, when the mediation was unsuccessful, later represented one spouse against the other in the same case.

RPC 1.12(c) also imputes the conflict of an arbitrator, mediator, or pro tem judge to that lawyer’s

law firm as a whole. For example, a firm lawyer acting as a pro tem judge might have denied a summary judgment motion. Later, the law firm might be approached about handling an appeal from the same case following trial.

RPC 1.12(c) imputes the pro tem judge’s conflict to the law firm. Although waivers by all parties are theoretically possible under RPC 1.12(a), waivers can be difficult to obtain on a practical level in this setting and the parties are under no legal obligation to grant them. Alternatively, RPC 1.12(c) allows the firm to unilaterally screen the pro tem judge and handle the appeal through other firm lawyers. While a practical solution, screening is dependent on the firm identifying the conflict. For firms with lawyers who act as arbitrators, mediators, and pro tem judges, it is imperative that they systematically enter party information into their conflict systems just as they would for other engagements. RPC 1.12(c) requires that screening be “timely” - in other words, firms can’t necessarily wait until a problem surfaces later.

Screening

Mechanically, screening under RPC 1.12(c) is handled similarly to lateral-hire screening under RPCs 1.10(c) and 1.0(n). OSB Formal Opinion 2005-120 (rev. 2015) outlines the steps for screening in detail as does Section 13.3-4(a) in the most recent edition of the OSB’s Ethical Oregon Lawyer. Most screens typically include a formal acknowledgment (usually by declaration or affidavit to provide a contemporaneous written record) by the lawyer involved that they will not be involved in the matter concerned and internal notification to other firm lawyers and staff of the screen. Under RPC 1.12(c)(2), “written notice [of the screen must be] ... promptly given to the parties and any appropriate tribunal to enable them to ascertain compliance with the provisions of this rule.”

Around the Bar

Lane Powell

Harlan Mechling has joined Lane Powell as an associate on the Commercial Litigation Team. Mechling counsels clients on a wide range of commercial litigation matters, with experience in administrative, trial, and appellate courts.

Mechling’s experience includes contract and commercial disputes, as well as corporate, business owner, and shareholder disputes. Prior to joining private practice, Mechling was a judicial clerk to the Honorable Mary Fairhurst, Retired Chief Justice of the Washington State Supreme Court, and to the Honorable Michael Fitzgerald in the US District Court for the Central District of California. Mechling also spent time as an Assistant Attorney General for the Labor & Industries Division of the Washington State Attorney General’s Office. Mechling obtained his JD from the University of Washington School of Law, with honors, in 2017.

Tonkon Torp LLP

Tonkon Torp partner Michael Willes has been elected Vice Chair of the 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 47,000 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.

Tonkon Torp appellate attorney Sasha Petrova has joined the board of directors for the Multnomah Bar Foundation (MBF).

The MBF is the charitable arm of the Multnomah Bar Association. The mission of the MBF is to increase public understanding of the legal system; promote civic education, public participation and respect for the law; and improve the quality and administration of the legal system. The MBF is responsible for several important programs, including CourtCare, a free childcare program available at the Multnomah County Courthouse, and CourtSupport, a program that provides a bilingual Navigator who answers questions about the court, connects individuals with needed services or accommodations at the courthouse, and makes the experience more welcoming and less intimidating.

An experienced appellate lawyer, Petrova handles a wide range of appeals at the state and federal levels. In her litigation practice, she helps clients with contract disputes, business tort litigation, and administrative proceedings. Petrova also serves on the Board of Directors for the Raphael House of Portland and maintains an active pro bono practice.

Partner Karen Hobson has been appointed co-chair of the firm’s Estate Planning Practice Group, to serve with partner John Rosenfeld.

Hobson has practiced in areas of tax, estate planning, and administration since 2008, and she is experienced in providing Oregon and Washington clients with the full array of planning and administration services. She regularly advises clients on tax planning strategies to minimize state and federal transfer taxes through the use of charitable vehicles, grantor trusts, and limited liability companies. Hobson also has experience advising on pre-formation planning, entity formation, and corporate governance issues.

Associate Samantha Taylor has joined the Oregon Parks Forever Board of Trustees. She also serves as secretary on the organization’s Executive Committee. Oregon Parks Forever raises funds and builds partnerships to restore and create new facilities and sites in the Oregon state, county, and local park and forest system.

Tonkon Torp has supported Oregon Parks Forever from its establishment in 1995, when founding partner Brian Booth played a key role in creating what was then the Oregon State Parks Trust, and later the Oregon State Parks Foundation. Taylor is the ninth Tonkon Torp lawyer to serve on the organization’s Board of Trustees.

Taylor is a litigator who works with clients on a broad range of complex commercial disputes. Prior to joining Tonkon Torp, Taylor practiced law in North Carolina, where she also received her JD, with honors, from the University of North Carolina School of Law.

Tonkon Torp welcomes Of Counsel attorney Charles Harrell to its Business Department. Harrell is a veteran attorney with over 22 years of experience, including tenures as in-house counsel for such companies as Copia Power and Form Factory, Inc., and nine years managing a solo practice.

Harrell’s practice is focused on general corporate governance, business transactions, and real estate. He manages client legal affairs at the national and international level, negotiating and managing complex transactional and corporate contracts, and working with clients to implement foundational regulatory compliance frameworks.

The firm will be relocating its offices in May 2025 to the Wells Fargo Center in downtown Portland. Tonkon Torp is the third largest law firm in Oregon with 90 lawyers and an equal number of support staff.

“We are committed to Portland, to our state, and to the Pacific Northwest,” said Kurt

Ruttum, Managing Partner. “We feel we can best provide legal services to our clients by remaining downtown in the state’s largest city. The recently renovated, LEED-certified Wells Fargo Center offers panoramic views and the perfect base for the next stage of our continuing growth and evolution.”

Tonkon Torp has been in its current offices for 34 years. The Wells Fargo Tower offices will be only the firm’s fourth office location in its 50-year history. The firm expects to remain in Portland for at least the next 50 years.

Tonkon Torp’s new offices cover 61,000 square feet on four floors. “Tonkon’s culture thrives best when our attorneys and staff are in the office together,” explained Ruttum. “We know we are going against the recent trend of shrinking office footprints, but we need adequate space for all of us to be in the office on most days. We also need space to accommodate future growth.”

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

RACE FOR JUSTICE

DATE: SATURDAY, JUNE 22, 2024

TIME: 10:00 AM

PLACE: MIGRATION BREWING 2828 NE GLISAN PORTLAND, OR 97232

We're charting a new course with a fresh route and an exciting venue! We invite you to gather at Migration Brewing for a day dedicated to racing for justice, forging connections with fellow supporters, and indulging in refreshments, delicious food, and exceptional beer.

By participating, you're not just lacing up your sneakers but standing up for justice. Your involvement directly supports the mission of St. Andrew Legal Clinic, providing crucial legal services to low to moderateincome families facing crises.

Harlan Mechling

Michael Willes

Sasha Petrova

Karen Hobson

Samantha Taylor

Charles Harrell

Lawyers for Literacy Campaign Raises $67,000 for Children’s Literacy Nonprofit

Over 25 law firms and organizations came together this spring in support of children’s literacy. In partnership with SMART Reading, the legal community launched the fifth annual Lawyers for Literacy campaign, a friendly competition to see which firm or organization can raise the most contributions for the statewide children’s literacy nonprofit that serves kids in Oregon’s highest-

need schools with books and individualized reading support.  The campaign exceeded its goal by 30% and raised over $67,000. “We are thrilled with the success of the 2024 campaign,” says Allyson Krueger, Chair of the Lawyers for Literacy Campaign Board and a partner at Dunn Carney LLP. “The legal community is uniquely positioned to understand the importance of the written word.

Especially in this moment where over 60% of Oregon third-graders are not reading on grade level, our profession should commit to ensuring that children have the support they need to become strong, confident readers.”

During the 2023-24 school year, SMART Reading has given away over 116,000 books to more than 16,300 students and provided over 48,200 hours of one-on-one or group reading support.

Benefits include:

COMPREHENSIVE COVERAGE

Enjoy tailored medical, dental, and vision insurance that suits your budget.

STABLE PREMIUMS

Save money with competitive and consistent premiums.

FREEDOM OF CHOICE

Select from various plans, networks, and carriers for your unique needs.

HASSLE-FREE ENROLLMENT

Streamlined billing and enrollment processes, so you can focus on your expertise.

EXCEPTIONAL SUPPORT

Our dedicated team ensures an outstanding experience.

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.

“As a longtime volunteer, I have seen firsthand the incredible impact that SMART Reading has on students,” says Katie Gallagher, a shareholder at Lane Powell. “This year I’ve had the privilege of reading with a kindergartner from Ukraine who didn’t speak any English in October when we started, and now he’s started reading! I’ve seen him blossom with the support he’s gotten in the classroom and from our weekly one-on-one reading sessions.”

Plans are already underway for the sixth Lawyers for Literacy campaign in spring 2025, and SMART Reading

invites the legal community to get involved! Team Captains are needed to help spearhead the campaign at their firms. To learn more, contact Alayna Herr, SMART Development Director, at aherr@smartreading.org or 971.634.1611.

SMART Reading will also soon be recruiting for volunteers to read with children weekly during the 2024-25 school year, and has year-round opportunities for volunteers to help restore used books at the Children’s Book Bank at SMART Reading. To learn more about volunteer opportunities, visit www.smartreading.org/volunteer

Tips From the Bench Multnomah County’s Specialty Courts

by Judge Celia Howes Multnomah County Circuit Court

Multnomah County Circuit Court operates several specialty courts that employ a researchbased approach to reduce crime rates and improve lives for justice involved individuals. Defendants charged with eligible offenses and whose conduct was born from substance abuse or their behavioral or mental health may be offered an option of avoiding or reducing a jail or prison sentence if they agree to engage with a specialty court. Each specialty court program combines intensive supervision with treatment and social services to resolve the root causes of criminality while protecting the community.

Once an individual is accepted into a fitting specialty court, a multidisciplinary team (judge, prosecutor, defense, probation, treatment, social service organizations, etc.) sets aside the typical adversarial approach and works collaboratively. Participants are typically required to engage in individualized treatment programs, recovery groups and/ or peer supports. They may be required to maintain employment, enroll in school, or do community service. The specialty court team supports the participant by connecting them with social services and other community resources. Frequent meetings with the team, including the judge, builds rapport between the participant and the community stakeholders. Engagement and progress are incentivized.

The specialty court team monitors and supervises the participant’s compliance with program expectations. For example, the court can require GPS location monitoring, curfews, sobriety testing (through an ankle monitor and/or urinalysis), and home visits by a probation officer. Non-compliance with program conditions can be sanctioned by requiring additional supervision, community service and/or jail.

When a group of system partners (judge, prosecutor, treatment provider, defense attorney, probation, etc.) show genuine concern and investment in a participant’s success and future, coupled with targeted resources and supports, the result is inspiring. The revolving door of the criminal justice system stops. Participants make lasting positive changes in their lives, find hope,

set goals, and become assets to our community. These achievements are celebrated in graduation ceremonies at the successful conclusion of programming.

Our specialty courts’ feelgood story is data-backed.

The Oregon Criminal Justice Commission (CJC) recently conducted a recidivism study that found that 75% of graduates had not committed new crimes within three years of successfully completing a specialty court program. This is an improved rate compared to those who participated in a specialty court, but were discharged or terminated (41%), and better than the rate for those who were referred but did not enter a specialty court program (65%).

While Oregon’s specialty courts have demonstrated their positive impact on community safety and recidivism, funding has not always been stable. In February, however, the Oregon legislature passed HB 4001, creating a Specialty Court Task Force. The Task Force is expected to play a role in stabilizing funding and supporting longterm sustainability of our specialty courts.

Detailed information about Multnomah County’s specialty courts, along with program handbooks, is available online at www.bit.ly/specialty-courts. The courts are summarized as follows:

STEP Court

Judge Heidi Moawad presides over the Strategic Treatment and Engagement Program (STEP Court). STEP Court was created to offer participation in a wellresourced, highly structured supervised probation for individuals charged with certain Ballot Measure 11 offenses. Unlike many specialty courts that focus on persons deemed high risk/high need, STEP is a “four quadrant” court serving people from any risk or need category when treatment, rather than longterm incarceration, seems the best way to promote durable public safety. Participants attend court regularly, where the court team checks in on things like UA results, attendance at required treatment and counseling appointments, mentorship, employment, and pro-social contacts. Though the program is still relatively new, it is about to have its second graduation ceremony, and to date the recidivism rate is 8.5%.

START Court

Judge David Rees presides over the Success Through Accountability Restitution and Treatment (START Court).

START Court is a treatment court program designed to provide intensive supervision, treatment, accountability, and various support services to individuals who are high risk to reoffend

News From the Court

by Robert Parker MBA Court Liaison Committee

Trial Court Administrator’s Report - Barbara Marcille

The court showed its appreciation for its hard-working judges and staff during National Public Service Appreciation Week, May 6-10.

Coincidentally, that week marked the 10-year anniversary of the launch of the court’s Odyssey case management system. Before Odyssey, the court relied on paper files that needed to be checked out from the file room. Many lawyers remember the lines of people wrapped around the historic courthouse just to get access to files. Court operations have come a long way in a short time. The court is now testing and preparing to upgrade to the 2023 version of Odyssey. There won’t be a big change in the interface, but the transition is a big undertaking for the court.

In May, the Multnomah County District Attorney’s Office transitioned to a new digital case management system which should be a noteworthy positive change.

The Oregon Judicial Department is also launching a jury management system. Multnomah County will begin using the new system this month, summoning the first pool of jurors under the new system for service in July. Potential

primarily due to substance use disorders and associated mental health conditions. The program uses a collaborative, evidencebased approach which is proven to be an effective criminal justice approach, promoting healthy changes for both participants and the community. To be eligible, participants must be on probation on a downward dispositional departure (prison) case.

Mental Health Court

Judge Nan Waller presides over Mental Health Court (MHC), which is a collaborative, problem-solving court for high risk/high need probationers living with a qualifying mental health disorder and often a cooccurring substance use disorder. Participants adhere to a judicially supervised service plan developed

jurors will receive a postcard with a QR code and web address, and will be able to check in or request deferrals, etc. through an online portal.

Another technology project on the horizon involves the search warrant request process. This is particularly important because judges are asked to approve search warrants around the clock, such as when there is a need for a late-night blood draw due to a car accident, and throughout court holidays and weekends. The search warrant duty is assigned to each general bench judge in Multnomah County for two weeks each year, and the search warrant duty judge often receives 60-70 warrant requests per week. Currently, the process is carried out with an iPad and a dedicated cell phone which is passed from judge to judge, with a court technician on call to provide after-hours support. The new system will be more of an online portal that is streamlined and easier for officers

and investigators to use, hopefully resulting in fewer technical issues. The court has been working on the new warrant process for over a year and a vendor has been tentatively selected.

The court recently completed an A/V upgrade in the East County Courthouse whose three courtrooms are now equipped with an audio recording and camera system that is consistent with the 44 courtrooms in the Central Courthouse. The court’s goal is to offer more consistent technology across all courtrooms for maximum flexibility for court proceedings and more convenience for the litigants, but with 58 courtrooms of varying ages and configurations, there will be some variance.

Security upgrades are planned for cameras and door access controls at the Justice Center and Juvenile Justice Center; the changes will bring those courtrooms up to the minimum courtroom security standards established by the OJD.

Question for the Court?

If you have a question for the court or would like to share feedback about court practices through the Court Liaison Committee, please send your questions or comments to Pamela Hubbs, pamela@mbabar.org, with “Question for the court” in the subject line.

and monitored by mental health professionals and probation officers. The goal of MHC is to ensure public safety and minimize recidivism while diverting defendants with a serious mental illness from incarceration and instead facilitating linkage to appropriate treatment and community resources.

DISP Court

Judge Celia Howes presides over the DUII Intensive Supervision Program (DISP Court). DISP Court is an intensive supervision program that provides supervision, treatment, accountability, and a variety of support services to individuals dealing with addiction and who have a history of DUII convictions. The program requires completion

of treatment, total abstinence from substances (supervised through alcohol ankle monitors and urinalysis) and prohibits access to motor vehicles. DISP helps participants establish and maintain a life free of alcohol and drug abuse for the duration of probation and beyond.

Veterans Court

The court is in the process of establishing a Veterans Court for military veterans charged with crimes. Judge Chris Ramras has been meeting with representatives from the District Attorney’s office, public defender offices, Veteran’s Affairs, the Department of Community Justice and others regularly to shape how this court will run. They hope to have an initial version of this docket up and running within the year.

The Honorable Michael Greenlick Judicial Profile

by Joseph Westover MBA Court Liaison Committee

In January, Judge Michael Greenlick assumed the role of Chief Criminal Judge in the Multnomah County Courthouse. The move came about 40 years after he first stepped onto the campus of Lewis & Clark Law School, but when connecting the dots between 1982 and 2024, it pretty quickly begins to look like a straight line.

Having graduated from Pomona College with a degree in Economics during a recession, and unable to find work, law school was the only post-secondary program that captured any interest in his mind. But to the degree you can get away with calling that not uncommon story of matriculation a matter of meandering circumstance, the future judge’s career plans crystalized upon taking criminal law from Professor Susan Mandiberg and criminal procedure from Professor Steve Kantor. From

that point, he only wanted to be a criminal defense attorney. He followed that inspiration and landed a research internship at the Metropolitan Public Defender (MPD), followed by a go as a certified law student. A well-litigated motion to suppress aided him in winning his first trial, a soliciting prostitution case originating in the now holein-the-ground Lotus Cardroom and Café, and he was off. Upon graduation he took a job at MPD. He worked in Clackamas County for two years before returning to Multnomah, and during his time there handled all levels of criminal as well as juvenile dependency and delinquency cases. For the two years prior to opening his own firm he was the attorney trainer. That role, where he could observe the development of new attorneys, was a position he particularly enjoyed.

New MBA Board Officers

Brad Krupicka, a partner at O’Hagan Meyer, has been appointed president of the MBA, effective June 1. Brad has been actively involved with the MBA for over 13 years and has served on committees and in leadership positions for both the YLS and MBA.

Christine “Tina” Hein, Ring Bender LLP, will serve as Treasurer. Tina previously served on the YLS CLE Committee, the MBA Public Outreach Committee and from 2009-13, was a director on the MBF Board, chairing the Grants Committee in both 2011 and 2012.

After 10 years in indigent defense he stepped into private work with Lane Borg and Trina Strom. His practice involved a mixture of criminal and civil (personal injury and civil rights) at first, but after a few years he refocused on criminal defense and began taking federal cases. He developed a specialty for white collar and environmental crimes defense, enjoying the immensely complex nature of those matters. He took the bench in 2013 with the recollection of a trial experience he’d had early on. Judge Richard Unis, who’d ultimately sentenced a client of his to 10 years in prison, had in the eyes of both Judge Greenlick and his client been fair to the parties as well as the process over the course of the trial. Unis treated everybody with respect, explained his rulings, had obviously read the pleadings, and came to court prepared. Greenlick still believes these practices are the fundamentals good judges bring to their courtrooms, and he has continued to pursue them over the years. His recent observations of the swollen dockets lead him to offer this simple piece of fundamental advice to attorneys: The parties

Austin Batalden

Austin Batalden, Stannard and Batalden Family Law PC, will serve as Secretary. Previous to her board service, Austin served on the Equity, Diversity & Inclusion Committee, chairing the committee from 2021-22.

Theresa “Terry” Wright, Willamette University College of Law, is the Immediate Past President. Terry’s past MBA service includes serving on the Judicial Screening Committee, the Court Liaison Committee, the Professionalism Committee and the CLE Committee.

should confer. While COVID led to great advances in remote and online work, it can’t be forgotten that the practice of law is best facilitated by actually talking with one another.

In the years since taking the bench Greenlick has put those fundamentals to work, presiding over a wide range of criminal and civil matters, including a few years as a treatment court judge. His history has prepared him well for the next chapter. As Chief Criminal Judge he’ll be tasked with leading the Multnomah County criminal bench through the next several years. In addition to his courtroom responsibilities, which include seating grand juries, hearing indigent defendants’ requests for new attorneys, keeping major felony cases on track with case management conferences, and presiding over petitions for writs of habeas corpus, he will also lead the court’s efforts with other justice partners, including the defense and prosecution bars, Department of Community Justice, and the County. Adding complexity is the ongoing shortage of public defenders, which has persisted for several years now and is the subject of much legislative debate

as well as federal litigation, and the recriminalization of user amounts of drugs, which if implemented incorrectly will only add more weight to the already overburdened system. In terms of the process as a whole, he notes the Multnomah County Court system’s hope that there will be access to sufficient resources in the community for people with substance use disorders. He’s seen prior efforts and notes that simply citing people to court for minor drug offenses isn’t effective, but believes that if you bring people into contact with recovery and stability services, change is possible.

Battle of the lawyer Bands thursday, august

15 7-9 p.m.

McMenaMins Mission theater, 1624 nW glisan street, Portland

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. Tickets: $15.

These bands will compete for the title of “Best Oregon Lawyer Band 2024”: autoRepublic

Buu Vega

Habeas Corpse

McCoy Russell Band: Power of Attorney

Suitcase Ranchers

The Soul Searchers

Rock Star Sponsors

Top 40 Sponsor

Stoll Berne

Karaoke Sponsors

Harrang Long P.C.

If you would like to add your name to the list of sponsors, contact Kathy Modie at the MBA, 503.222.3275, kathy@mbabar.org.

Brad Krupicka

Theresa “Terry” Wright

Christine “Tina” Hein

Hon. Michael Greenlick

TCB Band - Best Oregon Lawyer Band 2023

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!

New YLS Board Director

Alexandra Hutchinson has been elected to join the YLS Board of Directors as of June 1. Alex is an associate at Miller Nash LLP where she assists businesses in a wide range of corporate transactional matters.

Alex joins the YLS Board after serving on and chairing the YLS Service to the Public Committee. She was also the recipient of the 2024 YLS Award of Merit.

Outside of the MBA, Alex serves on the Blanchet House Emerging Professionals Board and is a member of the Youth Villages Ambassador Board. She is a pro bono attorney volunteer with the Oregon Law Center/ Legal Aid Services of Oregon/ Miller Nash Expungement Clinic, and previously served as a pro bono attorney volunteer with the Lewis & Clark Small Business Legal Clinic. Alex

also participates as a mentor in Willamette University’s mentorship program.

Before attending law school, Alex worked as a financial representative and obtained her Series 6 and Series 63 licenses. She also served as a teaching fellow in Denver Public Schools through AmeriCorps.

Thursday, June 6, 5-7:30 p.m.

Rogue Eastside Pub and Pilot Brewery 928 SE 9th Avenue

$20 per person

Register online at www.mbabar.og

This event will pit lawyers and accountants against each other to answer the age-old question: who is better at cornhole? Participate as a two-person team, an individual, or just come out to spectate and socialize.

With the generous support of our presenting sponsors:

This event is organized by the YLS Service to the Public Committee and the Oregon Society of CPAs Young Professionals Committee. Event proceeds benefit the Friends of Seasonal & Service Workers.

Whether you’re rooting for Team JD or Team CPA, we hope to see you on June 6!

Pro Bono Spotlight

PCC Legal Resource Center Seeks Volunteers for S.B. 819 Petitions for Conviction Reconsideration

by Kelsey Benedick YLS Board

Portland Community College’s Legal Resource Center (PCC LRC) offers wide-ranging free legal services in the Portland metro area to residents living all across Oregon. These services include criminal record expungements and eviction expungements (for which PCC LRC has trained and hosted volunteers from the YLS), DACA renewals, immigration screenings, limited scope deportation defense services through Equity Corps of Oregon, legal name and gender-marker changes, eviction legal defense, and tenants’ rights letter-writing clinics. Through its criminal record expungement services, PCC LRC has helped file over 40,000 expungement motions for people constrained by the ongoing collateral consequences of a criminal conviction. PCC LRC also helps file S.B. 819 Petitions for Conviction Reconsideration, and is currently seeking volunteers to help with these efforts.

S.B. 819 Petitions provide a mechanism for people with criminal convictions ineligible for expungement relief to ask the district attorney of the county in which the person was sentenced to jointly petition the sentencing court for reconsideration of the conviction or sentence. There are three reasons a conviction or sentence may be reconsidered: the sentence was excessive, the person has a claim for actual innocence, or the collateral consequences of the criminal conviction are so serious that, in light of the person’s rehabilitation, the conviction no longer advances the interests of justice. The majority of people who approach PCC LRC for assistance with S.B. 819 Petitions are seeking to minimize the serious impacts that criminal convictions have

on their lives moving forward, including interfering with housing, employment opportunities, access to education, immigration eligibility, and more, not to mention the negative impacts such convictions can have on self-esteem and well-being. These obstacles operate to keep people in poverty, interfering with livingwage employment and the ability to obtain education leading to professional licensures, among other things.

S.B. 819 Petitions require the volunteer attorney to gather information on the client’s background, history, disciplinary record while incarcerated, and life since the time of conviction. The attorney also helps the client gather letters of support from family members, friends, employers, and others in the client’s community who can comment on the client’s rehabilitation and successes over the years. PCC LRC staff attorney J.J. Caufield says reading these letters and attending hearings where the district attorney agrees to reconsider the conviction are incredibly meaningful, providing moving reminders of the ability to enact positive

YLS Judges’ Social Tuesday, June 25 4:30-6:30 p.m. Pioneer Courthouse 700 SW Sixth Avenue, Portland

change and become an active and embraced community member after a challenging chapter in life. PCC LRC Director Leni Tupper echoed this sentiment, noting that the crimes subject to S.B. 819 Petitions often represent a time in people’s lives that is incredibly disconnected from the person they are now, and that drafting these petitions is an opportunity to serve not only as an advocate, but also as “a community member focused on re-embracing a human who deserves to be part of our community like everyone else.”

S.B. 819 Petitions take an average of 20 hours per petition and can be completed by the volunteer attorney entirely remotely. The PCC LRC can provide first-time volunteers with training on its process for completing these applications, and also has a paralegal and other staff available as a resource for questions, assistance with obtaining needed records, and suggestions for what might make a petition more likely to be granted. If you are interested in volunteering, please contact Nicole Bowmer at Nicole.Bowmer@pcc.edu.

The MBA Young Lawyers Section invites you to join us at our annual Judges’ Social! This event provides lawyers the opportunity to socialize with members of the bench in a cordial, informal environment. Space is limited for this event. Attendance is free for MBA members, $25 for non-members.

If you have any questions about this event, please contact Imani Smith at imani@mbabar.org.

Thank you to our sponsors: Davis Wright Tremaine LLP • Klarquist Sparkman LLP • Larsen Law LLC • O’Hagan Meyer • Sokol Larkin LLC • Tonkon Torp LLP

Alex Hutchinson

YLS Trivia Night

On April 25, MBA and YLS members participated in a Trivia Night hosted by Bridgetown Trivia at Lucky Labrador Brewing Company. Attendees enjoyed food and drinks while battling it out for prizes generously donated by O’Hagan Meyer.

Thank you to the YLS Membership Committee for organizing the event and to everyone who participated!

Solo & Small Firm Committee Presents Breaking Barriers: Five Strategies for Fostering Communication amidst

Generational Differences and Implicit Bias

Monday, June 3 12-1 p.m.

The Royal Sonesta, 506 SW Washington Street

In the dynamic landscape of today’s workplace, diversity thrives through the coexistence of four distinct generations. Join us on an insightful journey as we delve into the unique characteristics of each generation, fostering a deeper understanding of their perspectives and behaviors. Engage in thought-provoking discussions on implicit bias and its profound influence on our interactions. Coleen Gose, Life Coach, will touch upon five powerful strategies tailored to enhance communication and resolve conflicts across generational boundaries. Experience the unfolding of the HEART framework, a deliberate construct encompassing the essential components of nurturing healthy relationships. You will gain practical insights on fostering collaboration and harmony in a multi-generational workforce.

Sponsored by

Cost: $20 for members; $30 non-members. The registration fee includes a buffet lunch. The MBA will apply for 1 hour of Access to Justice OSB MCLE credit.

Register at www.mbabar.org

Member Resource Center

Welcome to the Member Resource Center, where you will find information of importance to MBA members and the legal community at large.

MBA Health Plan

Premier health, dental and vision plans for law firms. Simplified administration, competitive pricing and flexible benefit options available. Any law firm located in Oregon or Clark County, WA with at least one W2 employee in addition to the attorney is eligible to enroll.

Tracey Davis, 503.485.2482, Tracey.Davis@Alliant.com, www.mbabar.org/benefits

The Bar Plan Online Court Bonds

Streamlined court bond service with expedited turnaround.

Kim Edgar, 1.800.843.2277, mba.onlinecourtbonds.com

Global Leader in Cloud-Based Legal Technology Clio simplifies operations, grows businesses, and allows legal professionals like you to work remotely from anywhere. Let Clio focus on the business side of running your firm while you spend more time doing what you do best - practicing law. MBA Members receive a 10% discount on Clio products. landing.clio.com/multbar

Credit Card Processing for Legal Professionals

Enjoy top-tier online payment processing, made seamless with invoicing and digital billing - offering a firmboosting solution without the steep learning curve. Earned and unearned fees are never commingled, and your IOLTA account is protected from thirdparty debiting.

1.866.376.0950, www.lawpay.com/mba

Legal Northwest Staffing Specialists

Discounted pricing on directhire and temp-to-hire placement and a quality of service guarantee.

Anneke Haslett, 503.242.2514, www.legalnw.com

Free CLE Library

MBA members receive free, unlimited access to 60-plus hours of MCLE-accredited video webcasts. www.mbabar.org/freecle

Newsletter Advertising MBA members enjoy reduced rates on display and classified advertising in the Multnomah Lawyer publication. In addition, all classifieds are posted on the MBA website. www.mbabar.org/newsletter

NAEGELI Deposition & Trial

MBA Members will receive $100 off their first scheduled service and a 10% discount on hourly fees for Videography and Interpreters. This includes all future schedulings with NAEGELI.

503.227.1544, www.naegeliusa.com

Ruby

Ruby provides attorneys with live, virtual receptionist and chat services that deliver next-level client experiences and build trust. Eight percent lifetime discount off all pricing plans and overage minutes to MBA members. Promo code: MBA.

1.866.611.7829, www.ruby.com/campaign/mba

Umpqua Bank

Providing a full suite of services and solutions tailored to your unique financial needs. Designated a visionary bank by the Oregon Law Foundation. Sabrina Rippy, 971.219.4523, www.umpquabank.com

Classifieds

Space Available

Offices for Rent - Downtown

Portland Cascade Building

Great law or professional offices and cubicle spaces available to rent 10th Floor 520 SW Sixth Avenue. All offices have great windows, sunlit with nice urban views; two nice conference rooms; collegial, respectful colleagues in small and sole firms.

Next door to all MAX lines and other transit. Excellent exercise facility, secure bike parking, and building security. Parking and EV charging nearby.   Monthly rent offices: $750-950; cubicle space for $300. Lower rents possible for combinations.

Printer/copier/phones/ postage/internet available; possible paralegal part-time.

Contact admin@henkelslaw.com or phone Diane Henkels, 541.270.6001.

Employment Attorney - Peck Rubanoff & Hatfield

Peck Rubanoff & Hatfield (PRH) seeks an experienced attorney to join our law firm focusing exclusively on labor and employment law, in a collaborative small team environment. Qualified candidates must have at least three years of specialized experience in employment law,

preferably in representation of both public and private sector employers.

Responsibilities include daily counseling and advice for HR professionals and organizational leaders on all employment topics, including federal and state wage/hour issues, leave law compliance, disability accommodation, and discrimination and retaliation. Labor law experience (especially involving public sector unions) is a preferred qualification. We require active Oregon State Bar membership or ability to obtain it expeditiously through reciprocity. We offer a competitive salary, full employee and dependent medical insurance, and employer funded retirement. To apply, please send resume and cover letter to: hquinn@prhlaborlaw.com

Denise Stern - Attorney at Law Sole practitioner retiring after 30+ years. Practice emphasizes estate planning, probate and small businesses with personal attention to each and every client. Concentration of clients in Sellwood and Westmoreland. Majority of work done remotely. Steady stream of word-of-mouth referrals. Willing to provide mentoring and assistance to assure future success of the new practitioner and a soft transition for clients. Contact SellwoodMorelandLawOffice@ gmail.com

An Introduction to the Mindfulness in Law Society

by John Devlin Devlin Law PC

In 2017, the American Bar Association’s National Task Force on Lawyer Well-Being released a report titled “The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.” That report suggested

mindfulness as a way to “enhance a host of competencies related to lawyer effectiveness, including increased focus and concentration, working memory, critical cognitive skills, reduced burnout, and ethical and rational decision-making.”

The Mindfulness in Law Society (MILS) is an international organization that promotes well-being by educating the legal profession about the benefits of mindfulness, yoga, and other contemplative practices. MILS has 12 chapters across the country, as well as three international chapters and a law student division. You can learn more about MILS on its website at www.mindfulnessinlawsociety.org.

RUDY L ACHENMEIER Mediator & Arbitrator

• Decades of Experience

• Personal Injury, Wrongful Death, Product Liability, UM/UIM, Real Estate and More

• Black Lives and All Lives Matter

• Willing to Travel State-Wide • Fair, Effective, Affordable

www.ledrlaw.com rudy@ledrlaw.com • 503-207-6932

I was very skeptical when I started my mindfulness practice in 2019. Over the last five years, however, I have seen how these tools have improved my health and my legal practice. I have talked to numerous Oregon lawyers who are interested in learning more about mindfulness but do not know how to start. Others have told me that they had difficulty maintaining a consistent practice, even though they recognized the benefits of mindfulness.

In April, I founded an Oregon MILS chapter. My goal is to raise awareness of the resources offered by the national MILS organization, such as weekly sessions, monthly speakers, and periodic retreats and conventions. I also plan to facilitate local gatherings so that Oregon lawyers can support each other in their mindfulness practices. If you would like to learn more about MILS, please email me at john@johndevlinlaw.com.

MBF Volunteers Attend Mexican Consulate’s Legal Protection Program

In the MBF’s continued engagement with community organizations, Public Outreach Committee members Judge Chanpone Sinlapasai and Judge Jacqueline Alarcón, along with MBF President Tyler Volm, attended an event at the Consulate of Mexico in Portland celebrating the most recent graduating class of the External Legal Assistance Program (PALE).

During the PALE meeting, the judges answered general questions about what happens in the courthouse, about the types of cases they hear, and the various ways to get help. Many had questions about help filling out forms, finding a lawyer, access to interpreter services, childcare, and disability assistance. Judge Alarcón’s ability to speak Spanish helped to ease the conversation and

the judges’ ability to respond to questions from those in attendance. The judges were also able to answer questions about the type of help the MBF provides to the community and consulate members.

The PALE program provides essential legal assistance for Mexicans in the United States, executing contracts with lawyers, law firms, and non-governmental organizations specializing in

US law to better respond to the Mexican community’s need for legal services. The most recent training included technical details, good consular practices, and a comprehensive overview of the ministry’s consular protection programs and actions. More than 200 people from the consulates’ protection departments participated in the training as part of the first annual Week of External Legal Assistance, which was designed to enhance publicity of this valuable program.

The PALE program was created in 2000. As of 2022, the program has helped over 90,000

cases nationwide with more than 3,000 legal specialists. For more information or to participate in the program, please contact the Mexican Consulate (424.309.0009), visit its downtown Portland location at 1305 SW 12th Avenue, or reach out to the MBF (503.222.3275).

“Been there, done that.”

Available

Judge Chanpone Sinlapasai, front row, center, Tyler Volm, back row, left, and Judge Jacqueline Alarcón, back row, right, with consulate staff

Tyler Volm and General Consul Carlos Melendez

“Still there, still doing it.”

JESSE JACOBS DON JACOBS

Join an MBA or YLS Committee

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.

To volunteer for a committee, apply online at:

www.mbabar.org/volunteer

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 WinterSmash bowling event and Battle of the Lawyer Bands, which are both family-friendly fundraisers for the Multnomah Bar Foundation.

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.

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+ MCLE-accredited 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.

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Lewis & Clark: Connecting First-Year Law Students with Pro Bono Experiences

by Matt Bratek, JD Candidate ’26 Lewis & Clark Law School

The Public Interest Law Project (PILP) at Lewis & Clark Law School (L&C) is a student-led organization whose focus is to empower fellow public interestfocused law students through mentorship, education, and funding. In pursuit of the mission, they’ve begun a new program to help 1L law students find legal work and cultivate relationships with public interest attorneys.

Last fall, the PILP Community Outreach Coordinator, West Aron, JD Candidate ’25, recognized that first-year law students seldom have opportunities to support their community and gain legal experience through pro bono work outside the classroom. West worked with the Community Law Division at Metropolitan Public Defender (MPD CLD) to develop a pilot program that provided a group of 1L students in their first semester with opportunities to work hands-on with underserved communities in the Portland metro area, including filing expungement motions for dozens of MPD clients.

The program saw the student participants and their attorney supervisors working together roughly four hours every other Friday, a modest commitment that allowed the students time to still focus on all the challenges of their first year in law school. To this end, the program wrapped up in advance of exam season to allow the student participants ample time to study and prepare. This schedule also meant that MPD staff could mentor the student participants while still maintaining balance in their already busy schedules.

“The Pro Bono Project was the first time CLD had worked with 1Ls. It was nice to be able to introduce the students to our program early in their law school careers. We enjoyed the 1Ls’ enthusiasm and each of the students had an opportunity to work with our attorneys on various projects. We are excited to continue working with the Pro Bono Project and we look forward to welcoming a new set of students in the fall.”

Leslie Nelson, MPD Community Law Division Chief Attorney

The pilot program was a huge success not only with the staff at MPD CLD but also with the law students who participated and were able to gain valuable skills and perspectives impossible to find in a textbook. “Working in the pro bono program allowed me to engage in meaningful legal work within weeks of starting law school,” says Maxwell Bernardi, JD Candidate ’26. “With all the new substantive info thrown at arriving 1Ls, it was a confidence boost to take part in tangible projects that directly impacted the lives of people in need. The work increased my understanding of what legal work looks like and helped me start building the connections and skills I will need in my future career.”

This summer, PILP’s new Co-Community Outreach Coordinators, Christian Larson and I, JD Candidates ’26, are working to build on the success of the pilot program and to bring

in more community partners with which to place students. With this additional support, Christian and I aim to expand participation in the program this fall to as many first-year law students as possible and to increase the connections between L&C law students and the wider Portland community. If you and/or your organization are interested in participating in this exciting program and hosting a 1L student this fall or you have any questions, please do not hesitate to contact me (matthewb@lclark.edu) directly.

Jerry Yang (1L), Christian Larson (1L), and Scott Sharp (MPD Staff Attorney - Veterans’ Justice Project)

The Corner Office Professionalism

Why We Shouldn’t Forget About In-House Attorneys

I joined the MBA Professionalism Committee because I wanted to give a voice to in-house attorneys in Oregon and work toward developing standards of professionalism applicable to in-house attorneys. As in-house attorneys, we are used to operating in gray areas and navigating the unknowns, while seemingly upholding a common level of professionalism (or so we think). As a result, it’s difficult to maintain one standard of professionalism across the many roles we serve for our business clients.

Take contract negotiation, for example. In my experience, I have found that there is a certain unspoken etiquette attorneys are expected to have while negotiating a contract for their business. There are preferred methods for tracking changes, for sending documents for execution, and even for establishing a commitment to achieving the same end goal: contract signature. Unfortunately, however, these standards are more normative than established formally and in-house attorneys may face counterparts from all over the United States, with differing standards of professionalism.

There are many other roles and examples where in-house attorneys are not operating under clear standards of professionalism, exacting rules of law or precedent. We may have to provide advice in a vacuum or to a business partner that may accept the risk of not following our advice. In this sense, the corporate attorney may walk a fine line upholding as much of the rule of law as possible and also meeting the business needs.

While many bar associations adopt rules of professionalism, these may not always directly apply to in-house attorneys. I’ve taken the liberty of adjusting our own rules in Oregon for my fellow in-house attorneys.

1. Upholding the Rule of Law. We strive to uphold the rule of law by providing advice to our business partners in line with the rule of law or the spirit of the law while advocating for our business to achieve its goals, even when doing so may present professional or personal challenges.

2. Seeking Justice for Our Clients. We will effectively and thoughtfully represent our client’s interests while also protecting our client’s

interests. We will protect our client’s confidentiality and advocate for compliance with existing laws and regulations.

3. Adhering to Ethical Rules. We will learn from our peers and teach our opposing counterparts minimum ethical standards from which to operate. We will treat our business partners with respect and strive to maintain the integrity of in-house attorneys.

4. Efficient Conflict Resolution. We will work efficiently and effectively to resolve issues and conflicts for our business.

5. Increasing Public Respect for Our Courts. We will work internally with our business to cooperate with court ordered requests and to comply with any court ruling.

6. Courteous and Respectful Conduct. We will be courteous and respectful to our fellow attorneys, even in an adversarial position. We will engage in civil and respectful interactions in all professional matters.

7. Embracing Individual Differences. We will recognize and celebrate diversity in our dealings with our business and with other attorneys.

8. Promoting Mental and Physical Well-Being. We will set clear boundaries with the business and our attorney counterparts as a commitment to safeguarding our own mental health and physical well-being.

In-house attorneys should continue to work with bar committees and organizations to promote ethical and professional practices across our profession. Regardless of whether we practice law in court or represent individual clients, we should promote a minimum level of professionalism that balances advocating for our business and upholding the rule of law. We should continue to work to establish unwritten norms and lead by example.

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.

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