March 2024 Multnomah Lawyer

As hopefully most everyone knows, the Oregon Supreme Court has recently approved a different type of bar exam for admission to the Oregon State Bar. Is it the traditional bar exam? No. Is it a bar exam?

Yes. This decision has been controversial, but it shouldn’t be. All Oregon lawyers should embrace this change.

The National Council of Bar Examiners (the folks who bring you the bar exam) is implementing the NextGen Bar Exam beginning in July 2026. This exam focuses much more on testing skills rather than black letter law. Over the last few years, there has been a recognition that the traditional bar exam doesn’t necessarily test a person’s readiness to practice law, but rather, tests a person’s ability to take a standardized exam. Also, studies have shown that those from less traditional backgrounds and those with disabilities have a much more difficult time passing this type of exam than those from more traditional backgrounds.

The new Oregon bar exam option is called the Supervised Practice Portfolio Exam (SPPE). Note the word exam is in the title. The premise behind this new bar exam is that applicants will create a portfolio of work to be submitted to the Board of Bar Examiners for review. Those applicants whose portfolio work meets minimum standards will be admitted to the bar (assuming they pass the character and fitness aspect of the application process); those whose work does not meet minimum standards will not be admitted. Sounds kind of like the bar exam, right? That’s because it is.

Applicants will be preparing their portfolios under the supervision of an experienced lawyer. The applicant will have to spend at least 675 hours working on preparing the portfolio. This corresponds with the number of hours the average traditional bar taker spends studying for the bar. The applicant also must perform certain tasks satisfactorily, including client interviews, document drafting, legal analysis, exposure to diversity and equity issues, and demonstrating competence in legal ethics. Sounds like law practice, right?

The supervisor must confirm that the applicant has satisfactorily completed all requirements of the program before the applicant’s portfolio will be considered by the Board of Bar Examiners.

In my first paragraph I said lawyers should embrace this change. Why do I say that? Legal education has not kept pace with today’s world. The traditional bar exam is no exception. I don’t know about you, but once I started practicing law, I used hardly any of the information the bar tested. I doubt that has changed. I learned almost everything I know about practicing law from doing just that, practicing. It seems the main reason to continue to embrace the traditional bar exam is because we all got our licenses that way. Is that really a valid reason to continue the status quo? I don’t think so.

While the Oregon Bar is working toward more diversity in its ranks, we have a long way to go before we are reflective of the population in general. The Supervised Practice Portfolio Exam will move us further toward a more diverse bar. In my many years of skills education, I have learned that often those who make the best lawyers are not the ones with the best grades or the highest bar exam score. They are the people who have experienced life, spent time with people from a myriad of backgrounds, and who have good judgment and problemsolving skills. None of these can be measured by the traditional bar exam, or really by the NextGen bar exam. The SPPE fills in the gap to test skills that lawyers really use.

I equate this to doctors. I would much rather see a doctor who talks to me about symptoms and uses her experience to assess my health care concerns versus someone who has to resort to researching what might be happening (and I’ve had one or two doctors who did that). Why shouldn’t we expect the same of lawyers and test their abilities actually to work with clients and prepare relevant documents?

There are certainly downsides to the SPPE. First and foremost is that, unlike the traditional bar exam, scores and bar memberships are not transferable to another state’s bar. There is also the difficulty that new law school graduates will have in finding a qualified attorney to serve as their mentor and to pay them while they spend 675 hours preparing their portfolios. And if the applicant’s portfolio doesn’t pass muster with the Board of Bar Examiners, what then? They will probably have to return to the drawing board and take the more traditional bar exam. And I suspect that for many, the SPPE route will be more difficult than that traditional bar exam.

But in my mind the upsides outweigh the downsides. First and foremost, those who have never been good test-takers will have an alternative way to demonstrate their competence. Beyond that, though, we will develop a more diverse bar. Many bar takers (and hence, eventually lawyers) have disabilities. While it is true the bar offers accommodations for many taking the bar, how does that translate to learning how to practice law with those disabilities? It doesn’t. Under the SPPE, the applicant will certainly have to confront any difficulties they have with law practice and develop coping mechanisms.

As is clear from this column, I strongly approve of having more than one bar exam format for law school graduates to demonstrate their competence to practice law. This new bar format will make the legal profession more diverse, and will honor the various learning styles and backgrounds people bring to our bar.

Please join me in supporting this new format, and by all means, offer to be a SPPE mentor!

MARCH

3 1 Friday

Appellate Law Update

Judge David Rees

Cody Hoesly

3 12 Tuesday

Multnomah County Presiding Court Update

Judge Judith Matarazzo

Barbara Marcille

3 20 Wednesday

Custody and Parenting Time

Evaluations Roundtable

Dr Wendy Bourg

Dr Landon Poppleton

Dr Zvi Strassberg

APRIL

4 4 Thursday

The Oregon Secretary of State’s Advisory Report on a Statewide Strategy re: Domestic Violence

Andrew Love

Krystine McCants

Kip Memmott

4 10 Wednesday

Racism in Oregon HistoryThe Two-Hour Version

Eliza Canty-Jones

Mari Watanabe

4 11 Thursday

Drafting Effective Trial Briefs

Justice Stephen K Bushong

4 15 Monday

Family Law Update

Judge Susan M Svetkey

Patricia Arjun

Amy Fassler

5 1 Wednesday

Campaign Finance in Candidate Elections

Lisa Howley

Alma Whalen

MBA Board of Directors

President

Theresa L. Wright

President-Elect

Brad Krupicka

Secretary

Shalini Vivek

Treasurer

Sherisa Davis-Larry

Past President

Tim Resch

Directors

YLS President

Maxine Tuan

Austin Batalden

Justice Brooks

Matthew D. Colley

Christine Hein

Eryn Karpinski Hoerster

Hansary Laforest

Tania Manners

Amanda Nadell

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

Leah C. Lively

Sasha A. Petrova

Hon. Chanpone P. Sinlapasai

June M. Wiyrick Flores

WinterSmash Raises $12,000 for the Multnomah Bar Foundation

by Kathy Modie

What better way to raise money for a good cause than with a few hours of family fun, bowling, raffle prizes and a best bowling shirt competition? On Saturday, February 10, about 250 MBA members and their families participated in the MBA’s 20th Annual WinterSmash fundraiser at KingPins in Portland.

In the spirit of fun, teams gathered to vie for prizes based on their scores and outfits.

Best team score and the coveted bowling trophy went to the Larkins Vacura Kayser LLP team, with their top three individual scores combined at 447.

There were a lot of great shirts, but O’Hagan Meyer edged out the competition to win the prize for best shirt with, “The BOWLI complaints. Keeping employers out of the gutter.”

The prize winner for highest individual score went to Sierra Richardson from the Stoel Rives LLP team, with a score of 178.

Zayaa Garfield from the Holland & Knight LLP team received a prize for the lowest score of 35.

The recipient of the Big Lebowski award - the team with the most participants this yearwas Gevurtz Menashe PC, with 28 people signed up. Buchanan Angeli Altschul & Sullivan LLP also had over 20 registrants.

WinterSmash benefits the Multnomah Bar Foundation’s CourtCare, CourtSupport and CourtConnect programs.

Multnomah CourtCare improves access to justice by making free, drop-in childcare available for families who have business at the Central Courthouse.

CourtSupport provides the Central Courthouse with a bilingual Navigator who staffs the information desk and provides a critical service to the public by answering questions about the court, connecting individuals with needed services or accommodations at the courthouse, and making the experience more welcoming and less intimidating.

CourtConnect pairs lawyers and judges to visit community groups and present information about the court system and the rule of law in an effort to forge a better connection between the community and legal profession.

Thank you to Buchanan Angeli Altschul & Sullivan LLP for sponsoring the food and beverages this year, and to all our sponsors and participants. Thank you also to the Events Committee, chaired by Liz Hohn, for planning such a great event. Thank you, Heather Busby, Jeannine Downey, Laura Gardner, Liz Hohn, Hansary Laforest, Bonnie Lawless and DeLynn Shogren for volunteering at the event.

King Pin Sponsor

Life of the Party Sponsors

Alliant Insurance Services

formerly Aldrich Benefits

Barran Liebman LLP

Harrang Long P.C.

Heritage Bank

Stephen & Jacob Houze

Miller Nash LLP

NALS of Portland (Oregon)

Nationwide Process Service, Inc.

O’Hagan Meyer

Tennyson Resolutions Umpqua Bank

Really Fun Sponsors

Gevurtz Menashe PC

Littler

Samuels Yoelin Kantor LLP

Stoel Rives LLP

Wyse Kadish LLP

Fun Sponsors

Brownstein Rask LLP

Cambreleng & Marton LLC

Farleigh Wada Witt

YLS Speed Networking

Details on p 11

Foster Garvey PC

Gearing, Rackner & McGrath LLP

Paulson Coletti Trial Attorneys PC

Sussman Shank LLP

Vangelisti Mediation

Prize Donors

Bottle & Bottega

Casey’s Catering

Danielle Fischer

Hon. Rima Ghandour

Hilton Hotels & Resorts

KingPins

4 Thursday

MBA Craft Night

Details on p 9

5 Friday

YLS Pro Bono Day at PCC CLEAR Clinic

Details on p 11

25 Thursday

YLS Trivia Night

Details on p 11

MAY

1-31 Annual MBF Fundraising Campaign

8 Wednesday

MBA Annual Meeting and Dinner

Details on p 1

Legal Northwest Staffing Specialists Markowitz Herbold

McMenamins

O’Hagan Meyer

The People’s Courts

Portland Pickles

Scottie’s Pizza Parlor

Wyse Kadish LLP

Photos by Ildiko Arndt Smith, www.whitelion-design.com. See more photos from the event at www.bit.ly/wintersmash24-photos

Larkins Vacura Kayser LLP - the winning team

Buchanan Angeli Altschul & Sullivan LLP team

O’Hagan Meyer team with their award-winning shirts

High Roller Sierra Richardson

Gevurtz Menashe team with their Big Lebowski award Multnomah County Circuit Court judges

CLE

Appellate Law Update

Friday, March 1 12-1 p.m.

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

Please join the MBA for an update on Oregon appellate decisions for civil law practitioners. Multnomah County Chief Civil Court Judge David Rees and Cody Hoesly, Barg Singer Hoesly, will present an overview of some key civil law decisions from the Oregon Court of Appeals and Oregon Supreme Court from 2022-23. These esteemed speakers will touch on issues relevant to nearly all practitioners. For more information: Contact the MBA at mba@mbabar.org.

Multnomah County Presiding Court Update

Tuesday, March 12 12-1 p.m.

Remote attendance only via Zoom

FREE for Members and Non-members - Register online at www bit ly/presiding-24

Multnomah County Presiding Judge Judith Matarazzo will present an update on the state of the court and court operations. Trial Court Administrator Barbara Marcille will summarize relevant changes resulting from the 2024 legislative session. This seminar is designed for attorneys at all levels of experience and questions are strongly encouraged.

For more information: Contact Jay Johnston, Attorney at Law, at 503.318.0323. For registration questions, contact the MBA at mba@mbabar.org.

Custody and Parenting Time Evaluations Roundtable:

The Best Way to Prepare Your Clients for Engaging in One

Wednesday, March 20 3-5 p.m.

Remote attendance only via Zoom

Members $60/Non-Members $95

Join Dr. Wendy Bourg, Dr. Landon Poppleton and Dr. Zvi Strassberg, three of the most respected and experienced mental health professionals in the field of custody and parenting time evaluations, to learn what it takes to properly prepare a client for a custody and parenting time evaluation, what they recommend for organizing needed materials and what is most important to present, and what actually happens during an evaluation. This presentation goes into specific and advanced topics that have a practical application for practitioners. Interesting topics are likely to arise and there will be a significant amount of time for questions, so please join us for this exciting presentation.

The roundtable will be moderated by Mark Barzda, a partner at Gevurtz Menashe PC. Mark has significant experience navigating clients through evaluations. Send questions and topic suggestions to Mark at mbarzda@gevurtmenashe.com by March 1, and he will try to incorporate them into the presentation. For more information: Contact the MBA at mba@mbabar.org.

The Oregon Secretary of State’s Advisory Report on a Statewide Strategy re: Domestic Violence

Thursday, April 4 12-1 p.m.

Remote attendance only via Zoom

FREE for Members and Non-Members

In late 2023, the Oregon Secretary of State released the advisory report “Breaking the Cycle: A Comprehensive Statewide Strategy Would Benefit Domestic Violence Victims, Survivors, and Advocate.” Join Kip Memmott, Audits Director, Andrew Love, Audit Manager, and Krystine McCants, Lead Performance Auditor from the Oregon Secretary of State’s Office for a presentation on the report’s findings. Learn how a statewide coordinated strategy would better address the needs of victims and survivors, centralize resources and statewide information sharing, including improved data collection, and add financial stability to nonprofit operations. Legal Aid Services of Oregon will also share information regarding pro bono opportunities. This presentation is offered by the United States District Court, District of Oregon, pursuant to the Pro Bono Work to Empower and Represent Act (“POWER Act”).

For more information: Contact Judge Youlee Yim You at youlee_yim_you@ord.uscourts.gov. For registration questions, contact the MBA at mba@mbabar.org.

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

Racism in Oregon History - The Two-Hour Version

Wednesday, April 10 12-2 p.m.

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

Note: Two hours of Access to Justice OSB MCLE credit will be applied for. At last year’s presentation, many attendees wished the excellent presentation was twice as long since there is so much to cover. Eliza Canty-Jones from the Oregon Historical Society is back this time with her friend Mari Watanabe, former executive director of Partners in Diversity, a successful nonprofit helping 400 Oregon and Washington employers diversify their companies.

In 2019, the Oregon Historical Society (OHS) published a special issue of its 120-yearold journal, the Oregon Historical Quarterly (OHQ), on the subject of “White Supremacy & Resistance.” In 2021, OHS published another important issue on the Chinese Diaspora in Oregon. Together these issues offer an in-depth view of the ways Oregon history has been shaped by White supremacist ideology and policies - and resistance to those frameworks - for almost two centuries. The special issues join many other OHS projects that engage Oregonians in the complex and diverse history of our state. Understanding how both racism and justice are at the heart of Oregon’s history are crucial to our ability to build a better future. In this presentation, OHQ Editor Eliza Canty-Jones offers an overview of the importance of these subjects and invites attendees to access OHS resources for more learning. For additional resources, see this OHS blog post: www.bit.ly/ohs-blog. Mari Watanabe has been a frequent lecturer on the treatment of Asian Americans and Pacific Islanders in Oregon and has received many awards for her advocacy on their behalf.

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

Drafting Effective Trial Briefs

Thursday, April 11 12-1 p.m.

Remote attendance only via Zoom

Members $30/Non-Members $50

Whether you are writing to a judge, opposing counsel, or your colleagues, you are writing to persuade - to convince others to adopt your position. In this seminar, Oregon Supreme Court Justice Stephen K. Bushong will draw on his many years of experience as a trial lawyer and trial judge to explain how to write and organize effective trial motions and briefs. Come learn concrete techniques to apply during the writing process to make your work product more persuasive.

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

Family Law Update

Monday, April 15 3-5 p.m.

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

In this annual two-hour seminar, Multnomah County Chief Family Court Judge Susan M. Svetkey will be joined by Patricia Arjun, DBMA Family Law Group PC and Amy Fassler, Schulte Anderson for an in-depth discussion of recent Oregon Court of Appeals cases affecting domestic relations jurisprudence and Oregon family law practice. Our speakers will also provide family law practitioners with important information on recent changes, updates, reminders and practice tips regarding Multnomah County Family Court procedures and practice.

For more information: Contact Mary Tollefson, Brindle McCormack & Williams PC, at 503.224.4825. For registration questions, contact the MBA at mba@mbabar.org.

Campaign Finance in Candidate Elections: An Overview of State of Oregon and City of Portland Campaign Finance Rules

Wednesday, May 1 12-1:30 p.m.

Remote attendance only via Zoom

Members $45/Non-Members $75

The 2024 election season is here! Join Alma Whalen, Elections Program Manager at the Oregon Secretary of State, and Lisa Howley, General Counsel for the Portland City Auditor (home of the Portland elections office), to discuss the State of Oregon and the City of Portland’s campaign finance regulations in candidate elections. This CLE is geared not only towards lawyers, but also candidates, political committees, and third parties who engage in independent spending in candidate elections. The topics that will be covered include:

• State of Oregon reporting requirements, including when a campaign or political action committee needs to be created, and activities that need to be reported in the state electronic filing system (ORESTAR) by candidates, committees, and independent spenders

• Determining what qualifies as an in-kind contribution

• Permissible uses of contributions in State and City elections, including differences between the State and City of Portland’s regulations on use of campaign contributions to pay for legal expenses

• City of Portland’s contribution limits

• Requirements for disclaimers on communications made in connection with candidate elections, including compliance on character-limited platforms

• Special considerations for candidates running in slates

• The State and City of Portland’s separate enforcement mechanisms

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

mba ANNOUNCEMENTS Ethics Focus RPC 4.2 and the “Reply All” Conundrum

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 with questions at dboyer@droregon.org. Visit www.droregon.org/mhac-application to apply to be a Council member.

MBA LSAT Preparation Course Scholarship - Apply by March 18

To help achieve the goal of increasing diversity in the Multnomah County legal community and the state of Oregon, the MBA Equity Diversity & Inclusion Committee awards scholarships for LSAT preparation courses to law school applicants whose future involvement in the law will enhance the diversity of our bench and bar. Applications are due March 18. Details available at www.bit.ly/mba-lsat-prep.

MBA Seeks Volunteers for Fellows Program Task Force

The MBA Bar Fellows Task Force is an active group that facilitates the growing Multnomah Bar Fellows Program. The Bar Fellows Program aims to increase the diversity of our local bar by supporting a cohort of talented, outstanding law students (at both Lewis & Clark and University of Oregon law schools) who come from historically underrepresented backgrounds. For lawyers committed to equity, diversity, and inclusion, this task force is a fantastic opportunity to transform those ideals into hands-on action.

If you are interested in volunteering, please contact Kathy Modie at kathy@mbabar.org. You can learn more at www.bit.ly/mba-fellows.

The District of Oregon is Seeking Nominations for Ninth Circuit Lawyer Representatives

Being a lawyer representative is a rare opportunity to collaborate with federal judges and other federal practitioners in the District of Oregon and the Ninth Circuit. Those selected this year will serve from August 1, 2024, through July 31, 2027. Details are available at www.ca9.uscourts.gov/lawyer-representatives. The deadline to apply is May 3. To nominate yourself or someone else, please send a short statement of interest and resumé to Judge Youlee Yim You at youlee_yim_you@ord.uscourts.gov.

Volunteer for CLP Mock Trial - March 2, 16 and 17

Support high school students’ interest in the law. Oregon High School Mock Trial has expanded and needs dedicated volunteers to judge trials. Civics Learning Project (CLP) is seeking Volunteer Judges on March 2 and for the State Competition March 16-17. Learn more at www.bit.ly/mock-trial-info. Sign up at www.bit.ly/mock-trial-signup. Contact Chris Parrucci at cparrucci@civicslearning.org.

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 12 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.

Volunteers Needed for the Children’s Representation Project

The court has an ongoing need for lawyers to volunteer for the Children’s Representation Project, and there is a backlog of requests. The court is seeking CLE credit for this representation. The work is rewarding and volunteers do not need to have a domestic relations practice to participate. Contact Brandy Jones (Brandy.L.Jones@ojd.state.or.us).

Broadway Rose Theatre Seeks Board Members

Broadway Rose Theatre is seeking lovers of musical theater for its board of directors. The Broadway Rose is Oregon’s premier musical theater company since 1992 and regularly earns national recognition for its commitment to artistic excellence and the development of new works. With an attendance of over 45,000 per year, it remains committed to keeping live theater affordable and accessible to all community members. The company employs over 250 part-time and seasonal staff, artists, technicians, and educators. For information on this commitment to the arts, contact board member Aaron Kirk Douglas (503.307.7869, aaronpdx@outlook.com).

The “no contact” rule - RPC 4.2has been around for a long time. Reflecting the timeless concern over opposing counsel directly contacting a lawyer’s client, the prohibition was included as Canon 9 in the original set of ABA Canons of Professional Ethics adopted in 1908. Although the wording of the prohibition has changed over time, the gist has not as forms of communication have evolved. A particularly difficult area in recent years is “reply all” emails. If a lawyer copies their client on an email to, among others, opposing counsel, and then opposing counsel hits “reply all” when responding, a prohibited communication technically results. Moreover, no harm needs to be shown to find a violation of the rule. The Oregon Supreme Court put it this way in In re Hedrick, 312 Or. 442, 449, 822 P.2d 1187 (1991), when describing the current rule’s similar predecessor, DR 7-104(A) (1), as “categorical” in a case involving a lawyer who copied an opposing party on a letter to opposing counsel:

[C]ommunication in the manner covered by the rule is forbidden, period. A lawyer is not permitted to ignore the plain words of the rule and then escape responsibility for violating it because no harm was caused, or because counsel for the party receiving the communication was alerted that it had been made.

Although Hedrick involved a paper letter, many more recent cases following in its wake have applied the same approach to emails (see, e.g., In re Towne, 36 DB Rptr. 12, 13, (Or. 2022); In re Trigsted, 32 DB Rptr. 208, 209 (Or. 2018)). In late 2022, the ABA issued an ethics opinion

by Mark J. Fucile Fucile & Reising LLP

- Formal Opinion 503 - that addressed “reply all” in the context of ABA Model Rule 4.2. The ABA concluded - with some qualifications - that a lawyer who copies their client on an email impliedly grants permission to opposing counsel to use “reply all.” In this column, we’ll first survey the ABA opinion and what other regional jurisdictions have done in this regard. We’ll then discuss why - pending clarification from the Oregon Supreme Court - Oregon lawyers should be wary about hitting “reply all” in those circumstances.

The ABA Opinion

ABA Formal Opinion 503 is grounded on three central points. First, ABA Model Rule 4.2 allows direct contact with a represented person when that person’s lawyer has given consent. Second, the opinion reasons that the sending lawyer is in the best position to control whether to inject their client directly into the email by deciding whether to “cc” the client on the email. Third, it posits that email is inherently less formal than paper letters and encourages what amounts to group communication. It concludes, therefore, that a sending lawyer who copies their client has impliedly consented to opposing counsel using “reply all” in response. ABA Formal Opinion 503 tempers this position by noting that a sending lawyer can tell opposing counsel that permission is not granted. The opinion also concludes that its analysis is not applicable to more formal paper communications. The ABA opinion also acknowledges that some jurisdictions that have addressed the issue have reached differing conclusions. Washington, for example, opted for a much more nuanced approach in WSBA Advisory Opinion 202201 (2022), concluding that permission might be implied if a variety of circumstances were present but simply copying a client on an email would not. Alaska Bar Ethics Opinion 2018-1 (2018) found that a receiving lawyer had a duty to ask the sender for permission.

Oregon

As the cases cited earlier illustrate, Oregon does not write on a blank slate.

In Hedrick, the Oregon Supreme Court articulated a clear prohibition in the context of paper letters. Although Hedrick did not squarely address implied consent, other Oregon disciplinary cases have come close - and found the lawyers violated RPC 4.2. The Trigsted case noted earlier, for example, involved a series of emails initiated by a sending lawyer who copied his clients and at least one email in which the responding lawyer used “reply all.” Following a later demand letter (and a request by the sending lawyer that all communications be directed to him), the responding lawyer again used “reply all.” That led to a bar complaint - and discipline under RPC 4.2. In re Luby, 33 DB Rptr. 71 (Or. 2019) also involved a series of emails copying all before a bar complaint and discipline under RPC 4.2 followed. Although Trigsted and Luby were stipulated resolutions, they suggest the approach traditionally followed by the Disciplinary Counsel.

Three other points underscore the wariness of relying unreservedly on the ABA opinion. First, while the ABA opinion distinguished emails from paper letters, Oregon RPC 1.0(q) defines “writing” broadly to include both paper and electronic communications. Second, Oregon’s rule is similar to, but slightly different than, its ABA Model Rule counterpart and prefaces the word “consent” with the somewhat more emphatic term “prior.” Third, in light of Hedrick, clear guidance on this issue will likely need to come directly from the Oregon Supreme Court. Under Oregon RPC 8.6, even an ethics opinion issued by the OSB would be advisory only and would not be binding on either the Disciplinary Counsel or the Supreme Court.

Although the ABA opinion may be grist for a future test case, it does not provide much comfort in Oregon now.

Around the Bar

New Director Joins YLS Board

Kelsey Benedick has joined the 2023-24 YLS Board.

She is a partner at Larkins Vacura Kayser LLP where she practices commercial, property, healthcare and securities litigation.

Kelsey comes to the board after serving on and cochairing the YLS Pro Bono Committee. She was also a member of the YLS Social Justice Task Force.

Kelsey Benedick

Outside of the MBA, Kelsey is a board member of the US District Court of Oregon Historical Society, participates on the Lawyers for Literacy board, is a member of Lewis & Clark’s Joyce Anne Harpole Committee, and mentors Lewis & Clark law students.

Kelsey graduated from Lewis & Clark Law School, and is licensed to practice in Oregon and Washington.

Barran Liebman LLP

Barran Liebman is proud to share that the firm’s Executive Director Traci Ray has joined the Children’s Cancer Association’s JoyRx Governing Board of Directors. Through Ray’s advocacy, the Barran Liebman team looks forward to continued support of the CCA and its mission to prescribe joy through programs that create immediate and measurable improvements to the mental and emotional wellbeing of seriously ill children.

Thomas, Coon, Newton & Frost

The firm welcomes Zoë Saccio to its personal injury practice. Saccio is a 2023 Lewis &

Tonkon Torp LLP

The firm welcomes associate Rosalie “Rosie” Fatta to its Litigation Department.

Clark Law School graduate and former professional road and track cyclist, who looks forward to applying her strong work ethic, high energy level, and meticulous “game day” preparation honed over her athletic career to the firm’s wide variety of injury cases. Her enthusiasm for alternative transportation and her passion for helping injured cyclists fits well with the firm’s longtime expertise representing vulnerable road users. She will work alongside firm partners Cynthia Newton and Chris Thomas.

Saccio is licensed in Washington State and currently practices in Oregon under a temporary practice permit.

Cable Huston LLP

Congratulations to Román Hernández, Cable Huston partner, who became the ViceChair of Oregon State University Board of Trustees on January 1. Hernández will take over as the chair of the board effective July 1. This is a historic occasion as Hernández will be the first Latino or Latina to serve in this role.

Prior to joining Tonkon Torp, Fatta worked at the Portland law firm Cosgrave Vergeer Kester and as a judicial clerk. Fatta earned her law degree, cum laude, from Lewis & Clark Law School. While in law school, Fatta externed for the Honorable Ann Aiken at the US District Court, District of Oregon, and was a certified law student at Grimm Law Group where she represented indigent criminal defendants.

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.

Consumer Law CLE + Networking Event

Hosted by Oregon Consumer Justice

Friday, March 29, 8 a.m.-4 p.m.

Oregon State Bar Conference Center

16037 SW Upper Boones Ferry Road, Tigard

Oregon Consumer Justice (OCJ) is committed to supporting the legal community with educational opportunities such as CLEs and other professional development opportunities.

At this completely free event, attendees will learn from experts in consumer justice while earning 3 CLE credits and deepening their relationships with others devoted to protecting consumers in our state!

Breakfast and lunch will be provided. The networking reception will feature drinks and light snacks.

For a full agenda and to secure your seat, visit www.ocj.org/cle

Questions? Contact events@ocj.org

Traci Ray

Zoë Saccio

Román Hernández

Rosalie Fatta

Tips From the Bench News From the Courthouse

Watch Without a Dog in the Fight

by Judge Eric L. Dahlin Multnomah County Circuit Court

The practice of law requires practice. Whether someone is a brand-new lawyer or a seasoned veteran, every lawyer can improve their courtroom advocacy. Practice isn’t limited to the development of substantive skills such as examining witnesses and introducing evidence, though that is essential. Effective practice also includes learning the soft skills needed to best present a case for the benefit of the ultimate decider, whether that’s a judge or a jury. One of the best ways to learn such skills is to watch others make presentations and see what works and what doesn’t work. This can be particularly effective if you don’t have a dog in the fight you are watching.

The power of watching a presentation without having a dog in the fight hit home for me in my first jury trial as a judge, and it continues to resonate with each subsequent jury trial. Observing a trial without a vested interest in the outcome or the people involved is an eye-opening experience. I see and understand things in trial that I had never noticed before as a lawyer because I was partially blinded by having a connection to the case that kept me from seeing it with the neutrality than an impartial observer like jurors or a judge could.

After my first trial as a judge, I realized I had never watched a trial where I didn’t have a dog in the fight, i.e., at least some rooting interest in the outcome, whether it was my own trial, a friend or colleague’s trial or where I had some professional interest in the outcome of the case. By rooting for one side, consciously or unconsciously, I was not capable of objectively evaluating what worked and what didn’t work. I always seemed to focus on the positives for the side I was aligned with and the negatives of the opposing side but was not able to accurately evaluate how the presentation might be received by someone who had no prior connection to the case.

By removing the disability of advocacy my horizons widened, and I looked at what was unfolding in front of me in a completely different way. I can now better see what is and isn’t effective at trial in the eyes of an impartial observer. Considering that a trial lawyer’s job is to convince impartial

observers of the merits of the lawyer’s case, figuring out what works and what doesn’t work for impartial observers is possibly the most important skill a lawyer can develop.

My suggestion for every trial lawyer, regardless of how experienced, is to watch at least one trial - and hopefully many - where you have no rooting interest in the subject matter and have no personal or professional connection to any of the lawyers. That may help you view the process in a way a judge or jury might look at the case when being presented with the evidence and arguments on a clean slate. If you practice criminal law, sit through a civil trial. If you practice civil litigation, watch a criminal trial, or at least a civil trial that has nothing to do with your area of practice (e.g., a personal injury attorney may want to watch a business litigation case and vice versa). You may be amazed at how your horizons expand and how much you pick up about what works and doesn’t work from the perspective of a neutral observer.

It is helpful to watch an entire trial to better see how every aspect of the case fits together and develops, but if you have limited time, watching jury selection and opening statements are particularly beneficial. At those stages of the trial, both you and the jurors will be in the same place about not knowing anything about the case, and it will be easier to see how important first impressions are. This may help give you an idea about what works, and maybe even more importantly what doesn’t work, from the vantage point of a person who is learning about the case with fresh eyes. Watching these early stages may also serve as a reminder that even though the lawyer knows everything about the case after living with it for a long time, the jury knows nothing about the case, so the lawyer must teach the jurors from the ground up.

I realize it can be difficult to carve out time in one’s busy personal and professional life for non-billable professional development where there is no CLE credit and no immediate tangible benefit, but in my experience this relatively small investment of time could pay huge dividends over the long run. It will help you better understand how an uninvolved and impartial observer may react to certain presentation techniques that in turn will help you to be more persuasive and effective in the future.

Watching a trial in person is preferable so you can have the same feeling inside the courtroom as the judge and jury, and so you can focus on the proceedings without having the distractions of watching a proceeding remotely. But if you don’t have the time to watch a proceeding in person, watching remotely is a decent

by Tom Melville MBA Court Liaison Committee

Presiding Judge’s ReportPresiding Judge Judith Matarazzo Judge Matarazzo reported that the court is regularly seeing civil cases on the trial assignment docket when the lawyers do not appear at call yet they have not reported ahead of time that their cases have settled. The presiding court staff are beginning to call civil cases a week ahead with a reminder that they have a court date. Please let the court know when cases settle so court resources can be reallocated where needed.

The court asks the bar to plan ahead. If you wait too long to file dispositive motions - this means five weeks on a civil motion before trial or 60 days for summary judgment - you may not be able to have your motion heard before the trial date. And if the case is older than a 2023 filing, you will not be able to get a re-set.

On the criminal side, Judge Matarazzo encourages parties to talk to one another and work independently on settling cases. Not all cases require judicial settlement conferences. It is notable that the criminal defense bar is reporting difficulty in getting settlement resources. Judges only have Fridays for scheduling settlement conferences, as court time and resources are limited.

The rule requires Alternative Dispute Resolution (ADR), and Judge Matarazzo trusts attorneys

alternative. Many of the judges in Multnomah County routinely livestream their trials on WebEx, so if you are aware of a particular trial you want to watch remotely you can reach out to the judge’s judicial assistant to see if the judge is amendable to streaming the trial. If you need suggestions about when trials will be happening, feel free to email me directly.

I learned more in my first few trials as a judge about what works and doesn’t work in court than I had learned in 20 years of practice as a lawyer. I hope you can get a similar bang for your buck watching trials where you have no dog in the fight, and that you also find that it is an eye-opening experience that helps you become a better trial lawyer.

who tell her that ADR is not going to work because there are issues that require a judge or jury to make findings. She may grant additional time in a 2023 or 2024 case when someone tells her that ADR will work if they have a little more time.

Probate Court UpdateChief Probate Court Judge Patrick Henry Judge Henry, who has a civil law background, oversees probate proceedings and still hears family law cases; his chief probate judge position does not take him off the regular family law docket. He is not the only judge handling contested probate matters, however, he is responsible for the general administration of probate matters, especially those that are not contested.

SB 578, adopted in 2022, gave respondents in guardianship and conservatorship proceedings, the right to be appointed counsel. Multnomah County has historically handled this with a pool of volunteer lawyers who could be appointed to represent the protected persons on a pro bono basis. Under SB 578, the Oregon Public Defense Commission (OPDC) is responsible to pay appointed attorneys for their services. In 2023, Multnomah County continued to make appointments from its volunteer list, which did not grow, even with the prospect of being paid by the OPDC (the OPDC paid attorneys who submitted billings $75 per hour, which is their standard rate for criminal defense).

Starting January 1, SB 578 expanded to all the other counties in Oregon. The challenge for the courts has been finding enough attorneys who were willing to take on these cases. In order to address this issue, the OPDC has contracted with Disability Rights Oregon to represent proposed protected people statewide. It is likely that there will be some

growing pains as the courts work through the challenges associated with complying with a bill that did not include a mechanism for achieving its important goals.

The legislature recently changed small estates to simple estates. The most significant change to the law is that an estate could qualify for the simplified process associated with a small estate when a decedent’s will “poured over” the estates assets into a trust. The law requires the affiant to file a copy of the trust or certificate of trust. Attorneys are understandably concerned with filing these documents in the court’s public file. However, there is no provision in the new law that specifically addresses the confidentiality of the trust. The court needs to balance Oregon’s open court provisions against the privacy interests of the decedent. Attorneys should file a motion explaining a basis that the court may maintain the confidentiality of a trust before the court will accept a filing as confidential. A consistent issue that attorneys struggle with is the overlap between probate matters and civil litigation. Attorneys should review Multnomah County Supplemental Local Rules Chapter 9 for guidance on the process for settling a case involving a minor or incapacitated person.

Trial Court Administrator’s Report - Barbara Marcille

At the time of this report, the court had nearly recovered from the delays caused by the January ice storm. This was an unprecedented event in that the court was closed four days in a row following a Monday holiday. Typically, Multnomah County organizes conference calls late at night or at 5 a.m. to help make decisions regarding emergency preparedness based on the latest

Continued on page 9

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.

MBA Health Plan Update

by Jeff Crawford, MBA Health Plan Board of Trustees, and Tracey Davis, Senior Vice President, Employee Benefits, Alliant Insurance Services

With the upcoming renewal of the MBA’s health insurance plans next month, we wanted to provide a preview of the 2024 changes. This year, the Providence base rate will increase by 10% and Kaiser will increase by 21%.

Delta Dental/Moda rates are expected to rise by 7.5%, while there will be no increase in rates for Willamette Dental Group and VSP. On a positive note,

News From the Courthouse

Continued from page 8

weather reports and the status of roads and sidewalks throughout the county. The court participates in those calls. In this situation, the forecast continued to change day by day and hour by hour. The court closed one hour early on Friday, January 19, as the storm was rolling in to avoid people getting stuck on the way home. This allowed lawyers, customers, and court staff to start the commute home before road conditions deteriorated and to avoid another situation like the 2022 snowstorm that stranded so many commuters.

When weather was worse on the Tuesday after the holiday, many court staff worked during the closures to update the court calendars, moving much of the Tuesday dockets to Wednesday and renotify parties. When there was a need to close again on Wednesday, dockets were moved to Thursday and then to Friday, etc. The court managed to hold a marathon arraignment session on Friday to address release for all those in custody via remote

mba EVENT

MBA Craft Night

Thursday, April 4 6-9 p.m.

DIY BAR

Kaiser dental rates will decrease by 2%. Bear in mind that the actual rate changes will vary from firm to firm depending on firm demographics and plan selections. In terms of benefits, our plans with both carriers will remain mostly unchanged, but with some new state-mandated enhancements in coverage. Details of these coverage enhancements will be included with the renewal communications.

proceedings when the roads were too icy for most people to travel.

The court has extensive business continuity plans, but some business processes require that people be present in the courthouse which can be difficult with weather and transportation concerns, and power and network outages also interfered with the opportunity for remote work during this particular weather system. The court continues to refine its emergency business continuity processes to incorporate insights gained from our closure experiences.

Judge Matarazzo also reported that there are many variables that factor into the decision to close the court, and when the court is closed, that allows good cause for extending some statutory timeframes. The courtesy and support of the bar is greatly appreciated in these difficult scenarios.

The OJD was involved in preparation for the short legislative session that began in early February. Several important bills were being considered at the time of this article, including those with potentially significant fiscal impacts on the operation of the courts.

The premium increases this year are due in large part to inflation in the cost of claims for all health insurers. These higher healthcare costs are being driven by several factors including a postpandemic surge in utilization, supply chain interruptions, new and more expensive treatments, and increased labor costs. Historically, the MBA’s health insurance premiums have increased about 5% annually on average and we hope for a return to that trend after this period of inflationary adjustment. Despite these challenges, the MBA Health Plan remains very competitive in terms of premiums and benefits. In most cases our rates and coverage are superior to those available in the small group market.

The MBA has offered health insurance to its members for over 30 years. One of the hallmarks of our program is that we offer several plan choices from both Providence and Kaiser, allowing lawyers and law firms to offer multiple options to meet each member’s needs. This means access to the broadest possible range of medical providers at rates affordable for every

New public artwork was installed in the Central Courthouse during December. These works were installed in the jury assembly area and judicial waiting areas, and this phase will also include installations in courtrooms and jury deliberation rooms. These are in addition to the large pieces that were commissioned by the Multnomah County Regional Arts & Culture Council as part of the original and permanent collection in the Central Courthouse.

Free Lunch & Learn Seminar

The court and the MBA’s Court Liaison Committee are organizing noontime opportunities for lawyers to meet with judges at the Central Courthouse to become familiar with courtroom layouts and technology, and have their questions answered in a conversational atmosphere. This is an ideal opportunity for newer lawyers, lawyers who haven’t been to the new downtown courthouse, and lawyers who have been conducting much of their court business remotely for the past few years. Dates and details to be announced. The MBA will seek one hour of CLE credit for this event.

3522 N. Vancouver Avenue, Portland

Join the MBA Events Committee for a craft night at DIY Bar in North Portland. This event is for crafty (and not so crafty) people. Think “Workshop Meets Bar.” You’ll get all the materials, tools, a self-guided tutorial and the creative freedom to make a DIY craft. The MBA will supply some snacks, and you are welcome to bring your own food. Drinks are available for purchase. This is an all ages event. The craft projects are geared for adults but there are several child-friendly project options.

$40 for MBA members and non-members Register at www.mbabar.org.

participant. This level of flexibility sets us apart from other group health plans. And, because of our size and long-standing presence in the industry, we have the clout to negotiate directly with the health insurer underwriters and get the best possible rates and coverage terms. Along with this, we offer excellent customer support to our participating firms through our partnership with Alliant Insurance Services, formerly Aldrich Benefits.

While current coverage renews April 1 each year, new firms may apply at any time. If your firm does not participate in the MBA program currently,

consider requesting a quote. More information is available under the member benefits section on the MBA website or by calling Alliant Insurance Services at 503.485.2482.

Please stay tuned for further updates regarding benefit enhancements and renewal details. On behalf of the MBA Health Plan Board of Trustees and Alliant Insurance Services, we want to thank MBA members for their support for the MBA’s health insurance program. We are dedicated to seeing it continue to be a unique and valuable membership benefit.

Celebrating Minoru Yasui Day

OJD will apply for CLE credit.

The Oregon Judicial Department, Multnomah County Circuit Court, and the Multnomah Bar Association are partnering to honor Minoru Yasui, who was committed to justice for all. Minoru Yasui Day (March 28) honors Oregonian Minoru Yasui for his courageous challenge to the constitutionality of military orders and curfews on Japanese Americans during World War II.

Please join us in celebrating Minoru Yasui Day with a hybrid presentation from Peggy Nagae and Lorraine Bannai, the attorneys who represented Minoru Yasui and Fred Korematsu in the coram nobis cases to vacate the World War II convictions.

If you have questions, please contact the Office of Engagement, Equity, and Inclusion at SCA.ESD.OEEI@ojd.state.or.us

Solo & Small Firm Committee Presents Cloud Storage and e-Discovery

Wednesday, March 6 12-1 p.m.

Remote attendance only via Zoom

Trevor Clark, founder of Cloudscape eDiscovery, and Monica Logan, a PLF practice management attorney, will offer solo and small firm practitioners information and practical advice about managing your documents within a cloud storage platform. Monica will provide basic tips for document sharing and management, and Trevor will show how e-discovery software can make your review and production process easier. Their goal will be to discuss how firms can securely share client information and produce discovery. Additionally, Trevor will offer a short demo of the Cloudscape eDiscovery platform, highlighting some basic review and production workflows.

Cost: Free for members/$30 non-members

The MBA will apply for 1 hour of General OSB MCLE credit

Register

Jeff Crawford

Tracey Davis

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!

Leona Yazdidoust YLS Member Spotlight

by Nicole Elgin YLS Board

The YLS is pleased to spotlight Leona Yazdidoust. Leona grew up in the metro area and attended Portland State University for her undergraduate degree in political science. Leona graduated from Lewis & Clark Law School in 2023 with a certificate in public interest law.

Leona has a clear passion for community involvement and advancing diversity and inclusion in the legal field. In law school, Leona held numerous leadership roles including serving as the Women’s Law Caucus Vice President, the Oregon Arab Iranian Law Student Association President/ Co-Founder, and the Oregon Women Lawyers Queen’s Bench Law Student Liaison (to name a few). Leona was also a recipient of the Oregon Women Lawyers Foundation Armonica Law Student Grant. Now, she serves on the boards of the Queen’s Bench, the Oregon Women Lawyers Foundation, and the Oregon Arab Iranian Bar Association.

Leona is currently clerking for the Honorable Judge Jeffrey S. Jones at the Clackamas County Circuit Court. She enjoys learning different styles of advocacy and how they are received by the bench. Prior

to joining the court, Leona gained valuable experience clerking at PDX Law Group, Portland State University Student Legal Services, and the Oregon Department of Justice. Leona is also a monthly contributor for the ABA journal, Business Law Today

Leona passed the bar after graduation and joined the MBA to continue connecting with her legal community. She is also my mentee in the MBA’s mentorship program.

As she plans to move into private practice following her clerkship, Leona looks forward to working with businesses in our community.

Blanchet House Winter Kit-Making Social Event Recap

by Alex Hutchinson Chair,

YLS Service to the Public Committee

Throughout the month of January, the YLS Service to the Public Committee hosted a donation drive benefitting Blanchet House.

On February 1, MBA members met at Kells Irish Pub to compile donated items into winter care kits for Blanchet House to distribute. In total, the STP Committee collected donation items for 35 winter care kits (with over 100 extra rain ponchos), 10 jackets and blankets, and $400 in monetary donations.

Blanchet House is a nonprofit social services organization located in Old Town Portland. Its mission is to alleviate suffering and offer hope for a better life by serving essential aid with dignity. Blanchet House provides a meal service three times a day, six days a week, free to anyone in the community, as well as transitional housing

YLS Director Nominees

The YLS Board has approved a slate of director nominees to join the board for three-year terms beginning June 1.

Alysha Phelps attended Lewis & Clark Law School. She joined the Oregon bar in 2018 and was licensed to practice in Washington in 2020. She practices labor and employment law at Ogletree Deakins. Alysha’s participation with the YLS started in 2018 when she joined the YLS CLE Committee. She presently serves as co-chair of the committee. Outside of the MBA, Alysha serves on the PHAME Academy Board of Directors, has participated in the Lewis & Clark Law School Mentor Program as a mentor since 2019, and co-chairs the Oregon Women Lawyers Roberts & Deiz Award Committee.

Caulin Price earned his JD from the University of Oregon School of Law and was licensed to practice in 2019. He practices real estate and corporate

Caulin Price

transactions at Dunn Carney LLP. Caulin’s involvement with the YLS began in 2022 when he became a member of the YLS Pro Bono Committee. He later chaired the committee during the 2022-23 program year.

Elli Tillotson received her JD from Lewis & Clark Law School and was licensed to practice in Oregon in 2016. She practices civil litigation, landlord/tenant and business law at Black

Helterline LLP. This marks a return to the board for Elli, who was elected to the YLS Board in 2023 to serve the final year of a departing director’s term. She first participated with the YLS by joining the CLE Committee in 2018, and served as co-chair for the 2022-23 program year. Elli has been a member of the Lewis & Clark Law School Alumni Board of Directors since 2021, a member of the Gus J. Solomon Inn of Court since 2022, and served as a volunteer mentor with the Lewis & Clark Law 1L mentor network since 2016.

Sophia

Sophia von Bergen graduated from Lewis & Clark Law School, and was admitted to practice in 2020. She practices commercial litigation at Miller Nash LLP. Sophia joined the YLS CLE Committee in 2021, and presently serves as cochair of the committee. Sophia also serves as co-chair of the associate’s committee for the Campaign for Equal Justice.

Thank You for Your Support,

2023 Year-End Donors

We are grateful to these year-end donors whose generous contributions to the Multnomah Bar Foundation were not included in the February issue.

Contributions of $1,000 or more Pickett Dummigan Weingart LLP (incorrectly credited as J. Randolph Pickett in the February issue)

Contributions of $500 or more John W. Stephens

Contributions of $150 or more Firms

programs focused on addiction recovery and sober living. All donated items and care kits were distributed to Blanchet House’s meal service guests.

Thank you to all who donated and attended the Kit-Making Social!

Boise Matthews Donegan LLP

Gresham Injury Law Center

Zarosinski Hartwig PC

Individuals

Anita G. Manishan

Referee Mark A. Peterson

All contributions to the Multnomah Bar Foundation are acknowledged at www.mbabar.org/mbf.

Donations are tax-deductible, every dollar helps, and donating is easy! Donate at www.mbabar.org/mbf, or call 503.222.3275.

Learn more about the work of the MBF in Past President Joe Franco’s article in the December 2023 issue of the Multnomah Lawyer (www.bit.ly/dec23-ml).

Multnomah Lawyer

Leona Yazdidoust

Alysha Phelps

Elli Tillotson

von Bergen

Upcoming YLS Events Register online at www.mbabar.org

OGALLA/YLS Happy Hour at White Owl Social Club

Thursday, March 7, 5:30-7 p.m.

White Owl Social Club

1305 SE 8th Avenue

Free for members & non-members

Please join OGALLA and the YLS Membership Committee for happy hour at the White Owl Social Club in Southeast Portland.

Appetizers will be hosted; drinks will be available for purchase at the bar. RSVP to Imani Smith (imani@mbabar.org) requested but not required; feel free to just drop in if you can make it.

Tax Impact and Strategies at Personal Injury Settlement

Wednesday, March 13, 4-5 p.m.

Remote attendance via Zoom

1 hour of Access to Justice OSB MCLE credit will be applied for $30 members/$50 non-members

The value of settlement for a plaintiff changes drastically based on tax treatment.

The opportunity to increase settlement value translates to increased access to justice for plaintiffs, especially for low-income and non-English speaking plaintiffs. This presentation will consider such treatment, considering lawsuits based in discrimination, violations of civil rights, and other personal injuries. We

will also identify and discuss the barriers low-income and non-English speakers face in addressing these issues with counsel. Attendees will be equipped with strategies for eliminating those barriers.

Plaintiff lawyers can often add value with minimal changes to settlement agreements. Even when a recovery will avoid tax entirely, changes in settlement language can add value by increasing a plaintiff’s ability to deduct future medical expenses. Low-income plaintiffs particularly benefit because they can take advantage of and maintain their lower tax rate. This presentation will introduce lawyers to tax, finance, and malpractice issues that regularly arise in personal injury settlements.

Speaker Jeremy Babener is

Special Tax Counsel at Lane

Powell, President of Structured Consulting, and serves on the legal committees of the three national settlement planning associations.

Ethical Considerations When Using AI-Enabled Tools in Law Practice

Thursday, March 19, 12-1 p.m.

Remote attendance via Zoom

1 hour of Ethics OSB MCLE credit will be applied for $30 members/$50 non-members

This presentation by Mark Fucile of Fucile & Reising LLP will explore the emerging use of artificial intelligence-enabled tools and machine learning models (such as ChatGPT, Google Bard, and CoPilot) in day-to-day legal practice. Whether by using consumer products or those tailored to the legal profession, the presentation will explore the risk management considerations attorneys must consider when using these tools. Gain insights into the evolving regulatory landscape, ethical standards, and learn practical strategies for maintaining technological competence and protecting client confidentiality when utilizing machine learning and AI-enabled tools.

Speed Networking

Thursday, March 21, 5:30-7 p.m.

Barran Liebman

601 SW 2nd Avenue, Suite 2300 Free for members/$10 nonmembers

The YLS Membership Committee invites you to prepare your elevator pitch and come ready to take part in this structured and fast-paced networking event. Conversation topics will be provided in advance with participants free to engage wherever the conversation takes them.

Pro Bono Day with PCC CLEAR Clinic

Friday, April 5

PCC Cascade, Terrell Hall

705 N Killingsworth Street

Training: 10:30-11:30 a.m.

Pizza Party: 11:30 a.m.-12 p.m.

Clinic: 12-4 p.m.

Volunteer to participate at www.bit.ly/exp-clinic

Join members of the YLS at PCC Legal Resource Center/ CLEAR Clinic for a criminal record expungement or eviction expungement training and volunteer session. Volunteers will be split into two groups -one for criminal record expungements and one for eviction expungements - to receive training from PCC Clear staff and then to volunteer with PCC Clear clients.

Eviction expungements have been available in Oregon since 2020, and help people realize their right to housing by preventing improper consideration of past evictions in residential-tenancy decisions.

Criminal record expungements help people realize various rights following a criminal conviction. Criminal records can haunt you for life - even a minor record can interfere with housing, employment and educational opportunities, and cause other collateral issues.

If you’d like to learn more about Oregon expungement law before the event, a free Oregon Expungement Training put on by Leni Tupper and Emilie Junge of the PCC CLEAR Clinic is available at www.bit.ly/clear-expungement

(approved for 1.00 Access to Justice OSB MCLE credit, Program ID 85141). Trainings for both eviction and criminal record expungements will also be provided at the event.

Estate Planning CLE Series

Begins Thursday, April 18

Remote attendance via Zoom 8 hours Practice Skills and 1 hour Ethics OSB MCLE credit will be applied for in total $150 members/$250 non-members

The YLS CLE Committee invites you to this upcoming nine-part, weekly series on estate planning issues. Topics include Wills and Trusts 101, Government Benefits and Estate Planning, Guardianships and Conservatorships, Ethics in Estate Planning, and more.

Trivia Night

Thursday, April 25, 5-6:30 p.m.

Lucky Labrador Brewing Company 915 SE Hawthorne Avenue Free for members/$10 nonmembers

The YLS Membership Committee invites you to test your knowledge along with your fellow MBA members for Trivia Night. Enjoy food and drinks while playing a few rounds of trivia hosted by Bridgetown Trivia Co. Prizes generously donated by local firms will be awarded to the top-scoring teams. Due to limited seating, the event is capped at 30 persons, so sign-up quick. We look forward to seeing you there and may the best team win!

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.

Volunteer for the Night Clinic

Date: Every Wednesday night

Time: 6 p.m. with consults starting at 6:30 p.m.

Location: St. Andrew Legal Clinic

2950 SE Stark Street, Suite 200, Portland Night Clinic is a critical resource in our community. Clients who have been screened for conflicts and general subject area meet one-on-one with a volunteer attorney for a 30-minute consultation to learn their rights, general court procedure and estimated costs of their family law matter.

Volunteers do not need to be a family law attorney. Volunteer attorneys are supervised by a SALC staff attorney who consults on every consultation to ensure completeness and accuracy of advice and to quote fees.

For more information: 503.281.1500

Maxine Tuan, mtuan@salcgroup.org

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.

Arbitration and Mediation Services

Over 80 years of trial experience www.kitcheladr.com

Jan Kitchel

Multnomah Lawyer

Chris Kitchel chris@kitcheladr.com

22%

62%

Classifieds

Space Available

Hollywood - Two Private Offices

144 sq ft for $700, and 192 sq ft for $725, 2nd floor office in classic home presently officing four attorneys with water law and estate practices. Ten-minute walk to Hollywood transit station, street parking, shared kitchenette. Rent includes notary services at five instances per week as well as conference room booking. Copy privileges available at an additional cost. Contact Jess Johansen at 503.281.4100 or email from website www.water-law.com.

Job Posting

Tomasi Bragar DuBay PCAssociate Attorney

Tomasi Bragar DuBay PC is a five-lawyer, dynamic law firm in downtown Portland, with a strong commitment to providing excellent services

to our financial institution, business, and land use clients, while enjoying a balanced life in the Pacific Northwest. We seek an associate attorney with at least three (3) years of experience to complement our multiple practice areas including transactional, litigation, debtor/ creditor, real estate, land use, and general business. An attorney with litigation experience and familiarity with loan documents for lenders is a plus. Strong writing skills are required. We strongly value congeniality and teamwork among all our employees, and strive to think “outside the box” in our business model. We have been a majority women-owned firm since we opened our doors in June, 2012, and support diversity in our hiring decisions. Even if you do not meet all the requirements, we encourage diverse candidates to apply. Generous benefits package, and salary to be determined based on experience. Interested applicants should send their resume and cover letter to jcharles@tomasilegal.com.

Looking for high quality, affordable healthcare coverage?

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.

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.