Multnomah Lawyer
Why Care About CourtCare?
by Tyler Volm MBF President
Many of us are familiar with the importance of the CourtCare program, which provides free drop-in childcare to families who have business at Multnomah County’s Central Courthouse, downtown federal courthouse or the Justice Center. Operated by Volunteers of America, and funded by donations solicited through the MBF, the program is designed to increase access to, and the administration of, justice. Books, blocks, games, puzzle, playsets, and stuffed animals provide a safe space for the kids to engage in supervised play, while their parents tend to stressful matters. In a world where kids are seemingly growing up faster than ever before, CourtCare allows kids to be kids.
But don’t take it from us, take it from the kids directly:
“Thank you for helping me make money for the cash register and for coming to my store we made. And thank you for eating my sandwich I made you. And I told my Mom that you would save my Batman for me, because I forgot him last time, she didn’t think so, but I knew you would.” (from a seven-year-old boy who loves playing “restaurant”)
“I love you can make my baby brother quiet. He is always bugging me. Can you come to my house and hold onto him so I can build things? I wish we can bring you and the blocks to home.”
In a world where kids are seemingly growing up faster than ever before, CourtCare allows kids to be kids.
Since opening its doors in 2001, CourtCare has cared for more than 18,000 children, and has served as many as 80-100 children in a given month. We like to think of that as 18,000 carefree smiles accumulated over the last 23 years (or 782.6 smiles per year or 2.1 smiles per day). And while we like to think that you cannot put a price on these smiles, the program does have operational costs, and those costs, like many things, continue to increase year-over-year.
During the annual May campaign, we published the article “Stretching Your Dollar and Your Heart.” In that piece we highlighted the increased cost of the program, due in part to inflation and in part to the rising cost of childcare amidst a staffing crisis within the industry. The MBF Board established the Court Operations Task Force to review the CourtCare process and its budget. The goal was two-fold: to identify cost-cutting measures on the one hand, and to solidify existing donation sources and establish new donation sources on the other. The idea being to maintain and expand the program’s runway, allowing it to operate efficiently well into the future. While this is an ongoing process, the task force has been busy this year and has made significant headway in helping this program emerge from the pandemic (and all of its attendant issues).
See details on p. 3. Visit www.mbabar.org/cle and input your OSB number to register at the member rate.
NOVEMBER
11.6 Wednesday
Divorce Mortgage Planning: Better Outcomes for Divorcing Clients
Theresa Springer, CDLP
11.12 Tuesday
Multnomah County Presiding Court Update
Presiding Judge Judith Matarazzo Barbara Marcille
11.20 Wednesday
Get to Know Your New Family Law Judges
Judge Pamela Haan
Judge Amy Holmes Hehn
Judge Chris Martin
Judge Michael Riedel
DECEMBER
12.3 Tuesday Guardianships for Minors & Oregon’s Third-Party Custody Law
Judge Jacqueline Alarcón Erin Morris
...join us in making a difference in the lives of our most precious resource...
This year the MBF challenged firms, individual donors, and our institutional donors to increase their donation amounts to help the program keep pace with rising costs. Many of you answered that call and for that we are very grateful, but there is still a need for increased donations. Please join us in making a difference in the lives of our most precious resource and in supporting a program that represents the best in our legal community. While we can’t do much about annoying younger siblings, we invite you to please do what you can, individually and collectively, to help us keep this important program running and that smile tally increasing.
To make a charitable donation to the Multnomah Bar Foundation, or learn more about CourtCare and the work of the MBF, please visit www.mbabar.org/mbf or contact us at 503.222.3275.
mba EVENT
Bench Bar & Bagels
Wednesday, November 13 7:30-8:30 a.m. Tonkon Torp 888 SW 5th Avenue, Suite 1600
The MBA is hosting the 15th annual “Bench Bar & Bagels” event on Wednesday, November 13, 7:308:30 a.m. at Tonkon Torp, 888 SW 5th Ave. Ste. 1600. Please join your colleagues and members of the judiciary for a light breakfast and coffee. This event is offered at no cost to MBA members and judges. Non-members: $10.
Special thanks to our sponsor and host:
Please RSVP to Kathy Modie, kathy@mbabar.org
12.12 Thursday Lawyer Well-Being: Leading with Values & Compassion in the Legal Field Kirsten Blume
JANUARY
1.15 Wednesday Annual Probate Update Judge Jacqueline Alarcón Judge Susie Norby Judge Janelle Wipper
Amy Cross Jeff Petty
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
Leina Panui van Hurck
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: Leina Panui van Hurck
Design: Cyrano Marketing Solutions
Copyright Multnomah Bar Association 2024
OMLA’s 25th Annual Summer Social & Fundraising Auction
Many thanks to all of our donors who helped us raise approximately $19,610.96 to provide bar exam grants to diverse law school graduates! We put ALL of those funds (and then some) right back into the community by distributing 16 bar exam grants to candidates taking the July 2024 bar exam. We will fund more bar exam grants for the February 2025 bar exam.
Special Thanks To Our Event Sponsor
NOVEMBER
Special Thanks To Our Event Sponsor
Special Recognition Donors
OMLA Benefactors
OMLA Benefactor: ($1,000 or more)
Multnomah Bar Association
OSB Diversity & Inclusion Department
Paulson Coletti
Dunn Carney
$70 CLE Coupon Offer
Renew your MBA membership or join before January 1, 2025 and receive a $70 coupon code good toward any upcoming seminar or CLE product available online.
Join for 2025 at www.mbabar.org or call us at 503.222.3275
OMLA Patrons
OMLA Patron: ($500 to $999)
Harrang Long P.C.
Lindsay Hart
Markowitz Herbold PC
OSB Civil Rights Section
OSB Constitutional Law Section
OSB Diversity Section
OSB Labor & Employment Section
OSB Real Estate & Land Use Section
SAIF Corporation
Tonkon Torp
Albies & Stark
OMLA Friends and more
OMLA Friend ($250 to $499)
Beacon Employment Law
Kehoe Moneyhun LLC
McEwen Gisvold LLP
Leahy Van Vactor Cox & Melendy
Schwabe Williamson & Wyatt
Stoel Rives
Corporate, Firm & Individual Donors
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Museum • Columbia River Maritime Museum • Columbia Sportswear Company • Core Chiropractic Group • Craft
Warehouse • Evergreen Aviation and Space Museum •Fire on the Mountain • Garnish Apparel • Get in and Swim • Gevurtz Menashe • Great Wine Buys • Lisa Cadungug • Literary Arts • Margolin Family Law • McMenamin’s • Merav Beautique • My Vice Restaurant • Oaks Park • Oregon Ballet Theatre • Oregon Shakespeare Festival • Oregon Women Lawyers – OWLS • OSB Corporate Counsel
Section • OSB CLE Seminars • Portland Meadows Poker
Room • P’s & Q’s Restaurant • Quail Valley Golf Course • Salon Avenue • Sam Kisling • Skydive Oregon • Stoller Wine Group • Tin Shed Garden Cafe • True West • White Bird • Wildlife Safari • Winchester Inn • Zinc Bistro and Bar
CLP empowers Oregon’s civics teachers and students through educational programs, including Mock Trial, We the People simulated hearing competitions, and Court Tours!
In the 23-24 school year, 170,000 students benefitted with donor support! In our current climate, CLP’s work is more important than ever.
Support CLP Today!
Scan to make your tax-deductible gift to CLP today!
CLE
Visit www.mbabar.org/cle to register online or scan this QR code.
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.
Divorce Mortgage Planning: Better Outcomes for Divorcing Clients
Wednesday, November 6 12-2 p.m.
Members $70/Non-Members $110
Theresa Springer, CDLP of Divorce Lending Association, will provide attendees with an understanding of the implications and challenges of how a divorce settlement agreement involving real estate, spousal support, child support, etc. are affected by the financial challenges and requirements as related to mortgage financing and tax law. Attendees will learn how to avoid common issues postdecree when real estate is present; settle divorce cases with real estate and mortgage financing faster and reduce common hurdles for clients needing mortgage financing post-decree. Whether mediating a collaborative divorce settlement or restructuring a real estate portfolio, there are real concerns and financing strategies involving your client’s current real estate, ability to buy one spouse out or structuring maintenance in order for the receiving spouse to qualify for a new mortgage. The key to making sure your clients are well-positioned for their new lives after divorce comes from knowing how to set them up for success. This class covers various financing strategies and hurdles facing qualified income sources, marital debt and the disposition of the marital home.
For more information: Contact Mark Barzda, Gevurtz Menashe PC, at 503.227.1515. For registration questions, contact the MBA at mba@mbabar.org.
Multnomah County Presiding Court Update
Tuesday, November 12 12-1 p.m.
FREE for Members and Non-Members - register at www.bit.ly/mult-co-update
Multnomah County Presiding Judge Judith Matarazzo and Trial Court Administrator Barbara Marcille will present an update on the state of the court and court operations. This seminar is designed for attorneys at all levels of experience and questions are strongly encouraged.
For more information: Contact the MBA at mba@mbabar.org.
Get to Know Your New Family Law Judges
Wednesday, November 20 12-1:15 p.m.
Members $40/Non-Members $65
Join some of the newest Multnomah County Circuit Court Family Law Judges - the Hon. Pamela Haan, the Hon. Chris Martin and the Hon. Michael Riedel - for essential tips on how best to advocate in their courtrooms. Learn what these new judges find to be the most - and least - effective advocacy strategies, their courtroom preferences, and what they wish they had known before they took the bench. This will be informative and valuable for all Multnomah County litigators, and an excellent opportunity to hear from some of our newest judges. The Hon. Amy Holmes Hehn will moderate the panel. Please join us for this unique opportunity and bring your questions.
For more information: Contact the MBA at mba@mbabar.org.
Guardianships for Minors & Oregon’s Third-Party Custody Law
Tuesday, December 3 12-1 p.m.
Members $35/Non-Members $55
Please join Multnomah County Circuit Court Judge Jacqueline Alarcón and Erin Morris, Founding Partner of Morris Family Law LLC, for a discussion about the complex intersection of Guardianships for Minor Children in Probate cases and Oregon’s third-party custody and visitation statute (ORS 109.119). Learn how these legal frameworks differ and overlap, and about some practical strategies to navigate both statutes effectively in your family law practice.
For more information: Contact Jon Strauhull, Multnomah County Attorney’s Office, at 503.988.3138. For registration questions, contact the MBA at mba@mbabar.org.
Lawyer Well-Being: Leading with Values & Compassion in the Legal Field
Thursday, December 12 12-1 p.m.
Members $35/Non-Members $55
Note: The MBA will apply for 1 hour of Mental Health and Substance Abuse OSB MCLE credit.
The 2017 National Task Force on Lawyer Well-Being demonstrates that lawyers experience stress, anxiety, depression, and problematic substance-use more frequently than non-lawyers. Research also indicates that being a lawyer is the loneliest profession. The adversarial nature of the legal field alongside burnout and challenges in work settings or with difficult opposing counsel can add to levels of stress. Important antidotes to these issues can include reflecting on and finding congruent alliance with one’s own values, learning to set and respect boundaries, and finding ways to communicate with compassion within work settings. In our profession it is more important than ever to take care of one another, align with our values, build our social connectedness, communicate to understand, and cultivate authentic relationships. Kirsten Blume, Attorney Counselor Associate, Oregon Attorney Assistance Program, will present this CLE, and those who attend this presentation will:
• Increase awareness of the challenges lawyers face related to stress, anxiety, depression, substance use, and loneliness;
• Increase awareness of issues related to burnout, challenging opposing counsel, and challenging work settings; and
• Learn protective factors related to setting boundaries, aligning values, mindfulness, and communicating with compassion.
For more information: Contact Jon Strauhull, Multnomah County Attorney’s Office, at 503.988.3138. For registration questions, contact the MBA at mba@mbabar.org.
Annual Probate Update
Wednesday, January 15 12-2 p.m.
Members $70/Non-Members $110
The MBA presents the 2025 Annual Probate Update, featuring Judge Jacqueline Alarcón, Multnomah County; Judge Susie Norby, Clackamas County; and Judge Janelle Wipper, Washington County; as well as Jeff Petty, Oregon Judicial Department, and Amy Cross, Buchalter. The judges will discuss current practices and procedures for each of the tri-county area probate courts. Jeff will provide legislative updates. Amy will provide an update of recent case law. This CLE seminar is a must for all probate practitioners and their staff.
For more information: Contact Gretchen Buehner, Attorney at Law, at 503.684.1031. For registration questions, contact the MBA at mba@mbabar.org.
The Free CLE Library now features 60-plus hours of MCLE-accredited video webcasts recorded during the Fall 2023-Spring 2024 program year.
Renew your membership for 2025 and start watching now at
www.mbabar.org
Before we get to know your finances, we get to know you. Our bankers speak your language, specializing in legal services so they can tailor solutions to your business. As the preferred bank of the Multnomah Bar Association, we understand the unique needs of our local law community. Visit UmpquaBank.com to learn about the tools and loans available for all stages of your practice.
Sabrina Rippy SVP,
mba ANNOUNCEMENTS
WinterSmash Sponsorships Now Available
The MBA Events Committee is now soliciting sponsorships for WinterSmash, a Multnomah Bar Foundation fundraiser and family-friendly bowling event being held on February 8, 2025. Details at www.mbabar.org, or contact Kathy Modie at kathy@mbabar.org or 503.222.3275.
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.
Volunteer Guides Needed
The Civics Learning Project (formerly known as the Classroom Law Project) is seeking volunteers to conduct Multnomah County Courthouse tours for high school and middle school classes. Time commitment is initial training plus one tour per month. Tours for high schoolers are eligible for pro bono credit through the bar.
In the Portland Metro area, CLP serves middle and high school student groups of 35 (or smaller) that are interested in experiencing parts of the judicial system firsthand. The tour includes an orientation, followed by visits to the Justice Center and the Multnomah County Central Courthouse. The students sit in on proceedings in courtrooms, hearing rooms, and tour the court space with their teachers and chaperones. The guides accompany the groups to the buildings and offer guidance as to which courtrooms they are encouraged to sit in on.
Volunteering as a guide represents a great opportunity to meet judges and become more familiar with the courthouse. Visit www.civicslearning.org/volunteer for details or contact Beth Cook at bcook@civicslearning.org.
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).
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.
Statement of Diversity Principles Available to Sign
The MBA Equity, Diversity & Inclusion Committee invites you to sign the Statement of Diversity Principles. Read and sign the diversity statement and pledge at www.mbabar.org/diversity.
Noontime Rides
Join all ages of bicycle riders for noontime hill climbs on Mondays and Thursdays. Assemble at noon at the SW corner of Pioneer Square and leave together at 12:15 p.m. Rain or shine. Frequent regroups. Mondays include rotating paceline around SW Fairmount; Thursdays go up through Forest Park. E-bikes okay. Great repeating interval workouts. Contact Ray Thomas, 503.228.5222, if you are a new rider or for additional details.
Not Receiving MBA Emails?
Members are encouraged to opt in to ensure that they successfully receive MBA email communications. Visit www.mbabar.org/opt-in to confirm your email status.
• 20 years serving as a neutral erica@ADRoregon.com 503-515-1621
Ethics Focus
Virtual assistants are nothing new. Some are software-centric, such as web or phone apps. Others are hardware devices, such as “smart speakers.” Using them in law practice is not new either. Their re-emergence as artificial intelligence tools, however, has refocused attention to the risk management considerations when using them in law practice. Most of the current focus is on competence and confidentiality and we’ll discuss those twin threads today. As AI-enabled virtual assistants evolve, however, lawyers need to remain attentive to changing risks as well.
Although virtual assistants increasingly use human voices, there is one rule we won’t be talking about today: RPC 5.3, which is titled “Responsibilities Regarding Nonlawyer Assistance.” Oregon’s rule is based on a mixture of the former Oregon Code of Professional Responsibility and the corresponding ABA Model Rule. All of them, however, address human assistants - at least for now. Virtual assistants, by contrast, are currently addressed primarily through our duties of competence and confidentiality when using technology.
Competence
RPC 1.1 outlines the regulatory duty of competence:
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
Uniform Civil Jury Instruction 45.04 frames the corresponding notion in terms of the civil standard of care:
An attorney has the duty to use that degree of care, skill, and diligence ordinarily used by attorneys practicing in the same or similar circumstances in the same or similar community.
Using Virtual Assistants in Law Practice: Risk
Management Considerations
by Mark J. Fucile Fucile & Reising LLP
From either perspective, the idea is simple: we need to know what we are doing. That includes understanding the technology we use in law practice.
When the ABA updated the Model Rules in 2012 to reflect evolving law practice technology, it included staying current with applicable technology within the obligation to maintain competence:
To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology[.]
Although Oregon does not have comments to our RPCs, OSB Formal Opinion 2011-188 (rev. 2015), which addresses cloud file storage specifically and law practice technology generally, essentially makes the same point. The Oregon opinion is available on the OSB website. When it comes to virtual assistants, a pair of cases that garnered national media attention provide cautionary examples. Mata v. Avianca, Inc., 678 F. Supp.3d 443 (S.D.N.Y. 2023), and People v. Crabill, 2023 WL 8111898 (Colo. Nov. 22, 2023) (unpublished), both involved lawyers who used ChatGPT as a virtual assistant to research and write briefs the lawyers filed with courts without checking the case citations. In both instances, the chatbot made up multiple citations. When the nonexistent citations surfaced, both lawyers claimed they didn’t understand how ChatGPT worked. The lawyer in Mata was sanctioned while the lawyer in Crabill was disciplined under the Colorado version of RPC 1.1.
Mata and Crabill offer sobering examples of what not to do. They underscore that although there is nothing inherently wrong with using a virtual assistant, the lawyeruser is responsible for both understanding how it works and for its results. They also make the point that if a lawyer does not understand the technology the lawyer plans to use, the lawyer needs to seek out the resources - within or outside the lawyer’s firm - necessary to use the technology in keeping with the duty of competence.
Confidentiality
RPC 1.6(a) states our bedrock duty of confidentiality:
A lawyer shall not reveal information relating to the representation of a client[.]
RPC 1.6(c), in turn, notes that the duty of confidentiality includes taking reasonable steps to protect client information from unauthorized disclosure:
A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.
With both, the term “information relating to the representation of a client” is defined broadly by RPC 1.0(f) to include both privileged conversations and other information that “the client has requested be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrimental to the client.”
Mata again provides a useful example of what not to do. The lawyer used the “free” version of ChatGPT that includes a prominent warning that a user’s prompts are not confidential. Nonetheless, the lawyer fed an increasingly specific series of prompts into the chatbot that arguably revealed client confidential information. OSB Formal Opinion 2011-188 counsels that when using any product or service with which client confidential information is shared, the responsibility is on the lawyer to ensure that the vendor has contractual assurances of confidentiality consistent with our duty as lawyers. Although the Oregon opinion focused on electronic file storage, that principle applies with equal measure to virtual assistants. ABA Formal Opinion 498 (2021) made a similar point with virtual assistants that are “always listening” so they can respond to voice prompts. With some products, the information is shared with the vendor. The ABA opinion noted that if used in law practice, privilege might be waived and advised that the “always listening” function be disabled absent contractual assurances of confidentiality by the vendor. Again, the obligation is on the lawyer to understand the technology and to use it consistent with the duty of confidentiality.
Around the Bar
Wildwood Law Group
Nick Kampars has become a Fellow of the American College of Trial Lawyers (ACTL), one of the premier legal associations in the US and Canada. Kampars was inducted at the College’s 2024 Annual Meeting in Nashville, Tennessee.
The ACTL is committed to maintaining and improving the standards of trial practice, professionalism, ethics, and the administration of justice through education and public statements on the independence of the judiciary, trial by jury, respect for the rule of law, access to justice, and fair representation for all parties in legal proceedings.
Kampars, a partner at the firm Wildwood Law Group, has a broad trial practice, representing companies and individuals in complex litigation matters.
Tonkon Torp LLP
The firm is pleased to welcome associate attorneys Ryan Costello and Sowmiya Raju to its Litigation Department. Prior to joining Tonkon Torp, Costello worked as a staff attorney with the Metropolitan Public Defender as part of the Minor Felonies unit. While there, he regularly managed over 100 active cases, reviewing discovery, conducting investigations, and drafting motions. Costello earned his law degree, Order of
In Tribute: Colin George Andries
Colin George Andries, beloved son, brother, husband, father, friend, and colleague passed away peacefully at home surrounded by his family on September 7, following his diagnosis with NonHodgkin’s Lymphoma.
Colin grew up in Medford, Oregon and attended the University of Oregon for both his undergraduate and law degree, a proud “double duck,” complete with a full tank of school spirit.
We at Black Helterline will remember Colin as a larger-than-life presence in our midst, whose work
the Coif, from the University of Oregon School of Law. Raju graduated magna cum laude from Lewis & Clark Law School, where she was a member of the South Indian Law Students Association and inducted into the Cornelius Honor Society. As a law student, Raju worked at Tonkon Torp as a 1L Diversity Fellow and 2L Summer Associate. In these roles, she prepared corporate law and litigation memoranda on a variety of matters, including on issues of contract force majeure and product liability.
O’Hagan Meyer
Casondra J. Albrecht is a partner in the Portland office of O’Hagan Meyer and member of the firm’s Labor & Employment practice. Prior to joining O’Hagan Meyer, Albrecht was a partner at a boutique workers’ compensation firm with 10 years of experience representing employers and third-party administrators. She graduated from Willamette University College of Law. Albrecht enjoys spending time outdoors with her dog, reading fantasy epics, and working on her amateur epee fencing skills.
Megan Bryant-Tiktin graduated from Lewis & Clark Law School, magna cum laude. During school, she clerked for a family and criminal law firm and interned with Oregon Consumer Justice. During her final year of law school, Bryant-Tiktin was also the President of the Student Bar Association. Currently, she
ethic and genuine care for each member of our firm endeared him to all, from staff to his fellow partners. His instantly recognizable voice and laugh could be heard from across the office and once he made his way to your door, a warm greeting, and often, a joke, were offered. His intrepid optimism and positive attitude made him a fearless leader and litigator, who understood that each member of a team was integral to its success.
Colin was a true team player. To Colin, an in-person conversation was preferable to an email, a catch-up lunch next week was preferable to next month, and he was generous with both his time and talent.
is an associate attorney with O’Hagan Meyer working in employment and labor law.
Oluwaseyifunmi ‘Seyi’ Osunsade graduated from the University of Oregon School of Law where she participated on the moot court board’s mediation team and was an active member of many other school organizations. She was lucky to have the guidance and support of many legal professionals as she entered her own journey into the law. Osunsade hopes to use the knowledge she gained through her law school experiences to continue to grow in the world of employment law and litigation.
Jennifer Rogers is an Associate in the Portland office. Prior to joining O’Hagan Meyer, Rogers worked as the Lead HR Business Partner for an international tech company. Before entering the Human Resources field and earning her JD from Willamette University College of Law, she spent several
The strong relationships that Colin cultivated during his career were made so by his dedication to building community through personal connections. Colin’s commitment to mentorship and community was evident in his effort in building our culture at Black Helterline, and in the legal community at large. Until his diagnosis, Colin served on the Oregon State Bar Board of Governors, the Oregon State Bar House of Delegates, and at his alma mater on the University of Oregon School of Law Alumni Association Board of Directors.
years at Schwabe, Williamson & Wyatt in a variety of roles. Outside of work, Rogers likes to garden, rock climb, and do whatever her cats tell her to do.
Colin dealt with his treatment and prognosis the same way he did with all obstacles he faced - with relentless confident conviction, good humor, and fierce tenacity. We will miss him dearly.
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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.
Holiday Card-Making
Saturday, November 23 10 a.m.-12:30 p.m.
Friendly House, 1737 NW 26th Avenue, Portland
Join the MBA Events Committee at Friendly House for holiday card-making! Together, we’ll spread warmth and joy to our local elders who deserve an extra sprinkle of cheer this winter. With every fold, cut, and drawing, we’ll create not just cards, but smiles. It’s more than an event - it’s a fun-filled time where laughter and creativity flow as freely as the hot cocoa. Grab your friends and family for this all-ages event, bring your holiday cheer, and let’s show our elders the true spirit of the season. Your handmade card could be the highlight of someone’s holiday!
Learn more at www.mbabar.org/calendar
Nick Kampars
Colin Andries
Black Helterline LLP
mba EVENT
Ryan Costello
Sowmiya Raju
Casondra Albrecht
Megan Bryant-Tiktin
Oluwaseyifunmi ‘Seyi’ Osunsade
Jennifer Rogers
& Small Firm Committee
Thursday, December 5 12-1 p.m.
Remote attendance only via Zoom
Online marketing is not for the faint of heart. This CLE is a continuation of the wildly successful Law Firm Marketing 101, first presented on May 21. In this introductory CLE, Steven Leskin, Leskin Law & Mediation, and Robert Wilkinson, Vulin Wilkinson LLC, two longtime Portland practitioners, will cover the basics of having an online presence, Google, and social media. This CLE will briefly touch on the differences between paid online advertising and generating organic search results, Google Analytics, the importance of content, Google and AI, and other social media platforms.
Cost: Free for members; $30 for non-members
The MBA will apply for 1 hour of Business Marketing OSB MCLE credit
Register at www.mbabar.org
Tips From the Bench
Serving the Court and Meaningful Conferral
by Judge Adrian Lee Brown Multnomah County Circuit Court
Attorneys and legal professionals who routinely practice in state court should be keenly aware that judges and judicial staff are not notified or alerted to any case filings by the e-court filing system. Furthermore, given the volume of civil and criminal cases assigned to general bench judges in Multnomah County, judicial staff do not have the capacity to monitor individual case records. We rely on the attorneys of record to serve us the information we need to make timely decisions in every case. If it is not aware of this limit to the court’s electronic filing system, counsel is required to be knowledgeable of and to follow court rules, including supplementary local rules (SLR), both on the court’s public website. See, www.bit.ly/mult-slr.
The SLRs in Multnomah County require the moving party to contact the assigned motion judge’s staff to schedule a hearing if one is requested by either party. See SLR 5.015(1), (6). This rule is particularly important when neither party requests oral argument in their written submissions. The assigned motions judge simply will not be aware of your case filings unless you “serve” chambers with a copy of your case filings, either electronically or in paper form, directly to chambers via judicial staff.
Moreover, SLR 5.017 requires delivery of a copy of the papers filed to the judge assigned to hear the matter. Indeed, this is no different than serving opposing counsel. Think of this rule as serving the judicial officer assigned. Certainly, each judge may prefer that such copy be delivered to chambers in paper and/or served to judicial staff via email. While it behooves counsel to contact the assigned judge’s staff either by phone or email to learn of a judge’s preference for such courtesy copies, the rules require at a minimum that such a copy be provided. Indeed this “chambers copy” serves as notice of the filing required by the rules. If counsel relies upon their legal staff to submit court filings and notifications, it is still the supervising attorney’s obligation to ensure that such staff follow the court’s rules.
In one of the most egregious violations of this rule, counsel in a case filed a UTCR 2.030
notice in a case claiming that their matter had been under advisement for more than 60 days without a ruling. However, because counsel had never even notified chambers of their underlying filing, the court had not taken anything under advisement - indeed the court had never been notified that any filing was pending, including the UTCR 2.030 notice.
An easy way to remember that service to the judicial officer is required on all motions is to simply add chambers of the assigned motion judge to your template for your certificate of service. In this way, you and your staff will ensure a copy is provided to the judge assigned to your case as required by SLR 5.017.
Turning next to the Uniform Trial Court Rules (UTCR), the requirement for conferring is provided in Rule 5.010, Conferring on Motions. That rule requires the court to deny a party’s motion for a lack of conferral, as follows:
• Any motion made pursuant to ORCP 21 and 23 (except a motion to dismiss) and ORCP 36-46, unless the moving party makes a “good faith effort to confer before filing the motion.”
• The moving party must file a certificate of compliance ... at the same time the motion is filed.
• The certificate is sufficient if it states either that the parties conferred or contains facts showing good cause for not conferring.
Furthermore, only upon certification that a motion is unopposed, may it be submitted ex parte.
To really get a feel of the importance of this requirement with the Multnomah County bench, it behooves all practicing attorneys to review the Multnomah County Judges Civil Motion Consensus Statement, May 2023, Para. 4A1-3. That Statement provides that “[j]udges have held that “to confer” means to talk in person or on the phone. Generally, sending a text message or email is not considered to be conferring.” Furthermore, a “good faith effort to confer,” “is action designed to result in such a conversation. In various cases, motion judges have held that a letter to opposing counsel ... does not constitute a good faith effort ... unless the moving attorney also makes a follow-up phone call to discuss the matter.”
The plain language of the word “confer” means “to talk about something with another;” and the Multnomah County Judges Civil Motion Consensus Statement provides that judges want attorneys to talk to each other -
Continued on page 12
News From the Court
by David Hutchinson MBA Court Liaison Committee
Presiding Judge’s ReportJudge Judith Matarazzo Judge Matarazzo encourages the bar to contact the court as soon as possible if you’ve settled a case. Trial assignment dockets are long and it is time-consuming for staff to prepare cases for the docket if a settlement has already been reached. Multnomah County will soon be adding an extra arraignment court, which will reduce the number of judges available for trial. This will make rescheduling trials particularly difficult, so parties are encouraged to keep their trial dates.
Trial Court Administrator’s Report - Barbara Marcille Preparing for additional criminal arraignment court dockets will require adjustments for all involved in Multnomah’s
criminal justice system. The court discussed the upcoming changes with stakeholders in October. The court’s OECI case management software (AKA Odyssey) was upgraded last month after nearly a year of testing and preparations. Lawyers aren’t likely to notice many interface changes; most of the changes impacted the backend use for court staff.
Courts were closed to the public on October 8 for court staff training while judges were
at the annual judicial conference. Court business (phone, online, public service windows, nondiscretionary dockets, etc.) resumed on October 9 and judges were back on October 10.
The courts are presently involved in a time study, which will let us know what resources are needed statewide. Staff and judges track their activities on different case types, and these metrics are used to develop case weights for the work across the courts statewide. This will help quantify the staff and judicial resources that are required to manage filings in Oregon’s circuit courts. The last study of this kind was done 10 years ago; this updated study will analyze the resources required for the court’s work in 2024. The data gathering will be completed this fall, and the final report is expected by May or June 2025.
With the election coming up, the court is engaging in emergency planning with Multnomah County and the City of Portland in case of protests and demonstrations leading up to and after the election.
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.
Candidate StatementsMultnomah County Circuit Court Judge Position 38
In November, Multnomah County residents will be asked to vote on the open judicial vacancy seat in Multnomah County created when Judge Amy Baggio resigned to accept an appointment to the federal bench.
The candidates running for the position filed after the deadline to submit a voters’ pamphlet statement. The MBA does not endorse individual candidates, but we invited the candidates to provide a statement about their qualifications. Our goal in doing so is to inform the electorate by providing information typically found in the voters’ pamphlet.
The statements we received are below.
20 years ago I went to law school to prosecute domestic violence cases. Today I serve as both the supervisor of the Domestic Violence Unit in the Multnomah County District Attorney’s Office and as a member of the county’s Family Violence Coordinating Council. I am also a Commissioner on the Oregon Criminal Justice Commission.
As crime victims, defendants, and everyone who works in the Multnomah County courthouse knows, we must address the backlog of cases. I have the qualifications needed to preside over complex trials on day one, efficiently handle high-volume dockets, and ensure fair trials for all.
I also bring valuable experience serving as the elected District Attorney of Columbia County. During that time, I made tough decisions that affected individual rights, my community’s safety, and its sense of justice. I also worked to improve the justice system, using my position to defend the rights of the wrongfully convicted and created a citizens review committee to take a closer look at old cases. Throughout my career, I have been willing to challenge my way of thinking in a way that will lead to fairer outcomes for all parties, if I’m elected judge of the circuit court.
I returned to Portland to work as a prosecutor because I love this city and I love the Multnomah County courthouse. There is a sense that all of usthe lawyers, the judges, court clerks, the jail deputies - are in this together. As a judge, I would encourage more in-person meetings - something which dropped off due to COVID - to increase compromise, expedite resolutions, and deepen working relationships between criminal law practitioners. I think it is so important that our judges feel a sense of equality and commonality with every corner of our criminal ecosystem in Multnomah County. The pandemic changed some procedures that have impacted this sense of community, and as a judge I am very excited to play a role in bringing this sense of community back.
I am proud of the 50+ endorsements I have received from judges, elected leaders, and members of the legal community to-date, which include:
• Judith Matarazzo, Presiding Judge, Multnomah
• Michael Greenlick, Chief Criminal Judge, Multnomah
• David Rees, Chief Civil Judge, Multnomah
• Cheryl Albrecht, Former Chief Criminal Judge, Multnomah
• Bronson James, Oregon Supreme Court Justice
• Steven Bushong, Oregon Supreme Court Justice
Continued on page 9
Jeff Auxier My name is Jeff Auxier and I hope to be your next Circuit Court Judge.
Jeff Auxier
Candidate Statements
Continued from page 8
• Chris Garrett, Oregon Supreme Court Justice
• Jacqueline L. Alarcón, Judge, Multnomah
• Ben Souede, Judge, Multnomah
• Celia Howes, Judge, Multnomah
• Bryan Francesconi, Judge, Multnomah
• Jenna Plank, Judge, Multnomah
• Christopher Ramras, Judge, Multnomah
• Andrew Lavin, Judge, Multnomah
• Heidi Moawad, Judge, Multnomah
• Mike Riedel, Judge, Multnomah
• Christopher Marshall, Judge, Multnomah
• Kelly Skye, Judge, Multnomah
• Tom Ryan, Judge, Multnomah
• Eric Bloch, Judge, Multnomah
• Kate Brown, Former Oregon Governor
• Nathan Vasquez, District Attorney-Elect, Multnomah County
• Mike Schmidt, DA, Multnomah County
• Aliza Kaplan, Lewis & Clark Criminal Justice Reform Clinic
• Mary Sofia, Criminal Defense Attorney
• Janet Hoffman, Criminal Defense Attorney
• Kati Dunn, Criminal Defense Attorney
Tom Dwyer Statement not received.
L.
Jennifer L. Myrick
Dear Multnomah County Bar Association,
My name is Jennifer L. Myrick, and I am a full-time public defense attorney. I began my trial attorney career in Multnomah County’s District Attorney’s Office. There I was taught the importance of charging decisions, victim advocacy, and the downstream impacts of poverty, mental illness, and addiction. After
graduating Lewis & Clark Law School, I was employed by the United States Attorney’s Office as a Specialist, assisting in the prosecution of violent crimes including sex trafficking. In this arena I was made aware there is more to a person than police reports and indictment allegations. If I want to truly help the people in my community I need to “cross the aisle” and become a defense attorney.
In 2017, I began representing individuals accused of crimes in the criminal justice system, focusing specifically on undocumented and Spanishspeaking clients. In the courtroom, empowering those who were often terrified of the court and law enforcement is when I knew this was my calling. Since then, I have represented individuals in thousands of matters from arraignment to “not guilty” verdicts. My colleagues appreciate my reasonableness in negotiations, drawing upon my toolbox filled with knowledge of prosecution and defense work.
I have the endorsements of housing advocates, mental health providers, and addiction experts. Because of the national trend in continuous cutbacks in social services our courtrooms have become the access point for the public. We need to embrace this shift and become the hub of provider conversations to better serve our community.
For those that are not familiar with the entire role of public defense providers, we often find housing for our clients in addition to mental health services and addiction treatment. That is why I believe a public defense attorney is best suited for Multnomah County Circuit Court at this time.
With the ongoing public defense crisis, I intend to start a conversation in the courthouse and legislature for a cultural shift in how we treat public defense providers. No more judicial or prosecutorial admonishments of public defense attorneys that are doing the most with what little resources they have. Certainly, we must stop seeing public defense attorneys as disposable and less trustworthy than their prosecutorial counterparts. This attitude got us here. Today, there are over 3,600 individuals accused of crimes without an attorney. With a cultural shift, we will retain the providers we have and hopefully attract more to this rewarding profession.
I am running to offer pragmatic solutions to Multnomah County’s crises. Instead of directing individuals to other agencies or relying upon overextended public defense attorneys to be the gate to social services, I want to make the Court the solution so our County may heal. If you want to see positive change and “A Justice for All” please vote for me, Jennifer L. Myrick.
Rachel Philips
I have been representing crime victims and individuals accused of crimes ranging from misdemeanor to murder in Oregon since 2005. I’ve been an Animal Hearings Officer for Multnomah County since 2022. I began my career as a staff attorney at Metropolitan Public Defender in downtown Portland and after leaving in 2014, went on to represent clients in nine counties across Oregon.
I went to law school after my own experience with the court system when my Mom passed away from cancer. My two older sisters challenged my mother’s will, and it took three years in civil court to sort out. Even though I had legal representation, it was so painful and frustrating I wanted to become a lawyer to make sure no one else would feel as helpless and overwhelmed as I had been. I have always been driven by a sense of fairness (some of which comes from growing up playing team sports), and that has motivated me to help anyone - most of all victims - navigate their way through the justice system with dignity and a sense they have been listened to. My hope is they land in a place where they can move on with their lives and not be devastated by the experience.
I am running for judge because the current crisis in criminal defense hasn’t gotten better in the last five years. It’s gotten worse because we keep re-electing the same people even though they don’t fix the problem. There is no question that one solution to the problem is to find a way to resolve cases more efficiently. That’s better for victims, and it frees up defense attorneys to take more cases. I testified to the Oregon Legislature in February of 2024 that, “Delay of serious cases has an overwhelmingly horrible impact for crime victims.” I am the only candidate who has consistently advocated for fixing our broken system. Voters should be leery of electing anyone who has been in a position to fix the problem but has failed to do so.
I have never been a part of the system. I grew up in modest circumstances, always had to work to get through school, and went to law school at age 36 after personally seeing how badly the system treats people. I have
always channeled my anger into making things better for people, and have been highly successful in doing so. Unusual among defense attorneys, I win most of my trials, and when I have not, most of those convictions were reversed on appeal. But most of all, I have settled cases effectively, bringing resolution to victims and defendants alike.
My overwhelming motivation has been to help people, and I have fought hard for my clients, whether they are criminal defendants or crime victims.
Having that experience as an advocate, as well as an individual who experienced the court system first-hand, uniquely qualifies me for the position of Multnomah County Circuit Court Judge.
John E. Schlosser EDUCATION
Lewis & Clark Law School, Portland, OR J.D., May 2010 - Certificate in Criminal Law and Procedure
Jessup International Moot Court: Best Brief 2009 - Mid-Atlantic Super Regional; Honor Board Public Interest Law Projectstipend recipient, 2008 Lewis & Clark Law School Pro Bono Honors Award, 2008
EXPERIENCE
John E. Schlosser, Attorney, LLC, Portland and St Helens, ORAttorney, 9/2018-present Indigent defense contractor in Columbia County - Represent criminal defendants in misdemeanor and felony matters. Privately retained matters - pro bono and low bono criminal defense representation of immigrants and protestors, as well as civil rights litigation.
Dickison Law, LLC, Portland, OR - Associate Attorney, 7/2013-7/2018
Indigent defense contractor in Multnomah CountyRepresent criminal defendants in misdemeanor and felony matters. Privately retained matterscriminal, personal injury, civil rights, and domestic relations matters.
The VanderMay Law Firm, Salem, OR - Associate Attorney, 6/2011-6/2013
Handled a wide variety of personal injury, civil litigation, criminal defense, domestic relations, business law, estate planning, and probate matters.
PROFESSIONAL ACTIVITIES
Oregon Criminal Defense Lawyers Association - Member since 2009; former Board member
OSB House of Delegates - 20172020, 2022-present
OGALLA - Member
Pueblo Unido PDX (non-profit) - Board member
Repatriate Our Patriots (nonprofit) - Co-founder; former Board member
PRESENTATIONS
2016 - Oregon Association of Licensed Investigators - Working with Attorneys on Domestic Violence & Violation of Restraining Order Cases
2017 - Oregon Criminal Defense Lawyers Association - Q & AICE and your clients
2018 - Washington County Bar Association - Representing Immigrants in the Age of Trump: Ethical Floors and Best Practices
With that out of the way:
To my knowledge, I am the only candidate with practice experience outside of criminal law. I have general civil litigation, domestic relations, contract, and landlord-tenant practice experience. Hopefully that will give civil practitioners some comfort. Additionally, as a child crime victim, and a criminal defense attorney, I can see both sides of criminal matters.
I believe that compassion is the number one characteristic of a good judge, and I am basing that on my observations of judges over my 14 years of practice. Whether it is in a settlement conference, or sentencing, having all parties know that they have not only been listened to, but also been heard, leads to better resolutions and greater confidence in our legal system.
Finally, I spoke about this issue during my campaign in 2020, and I go into more detail on my website (www.votejohnforjudge.com), but my experience as a crime victim and a defense attorney has proven one thing to me, time and time again - we need to have a permanent, restorative justice court in Multnomah County. I believe that all of the candidates agree that reducing recidivism is crucial to our justice system, and to our society. Much of the criminal justice system, however, leaves both victim and defendant feeling unheard, and without an ability to heal themselves and the community at large. A restorative justice mindset, and restorative justice court creates more opportunity to, not only, hold people accountable, but also to allow for healing, and to reduce recidivism.
Jennifer
Myrick
Rachel Philips
John E. Schlosser
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!
Holiday Donation Drive to Benefit Rose Haven
by Nicky Blum and Zoe Saccio YLS Service to the Public Committee
In the giving spirit? This year, the YLS Membership Committee is thrilled to partner with Rose Haven for a holiday donation drive! Rose Haven is a day shelter and community center that serves women, children, and gender non-conforming folks. Rose Haven helps to break the cycle of homelessness by providing meals, clothing, first aid, mailing addresses, hygiene, showers, educational programs and guidance through medical and social services.
To support Rose Haven, from now until December 13, please send warm socks, gloves, and/or handwarmers to the provided address. We will collect your donated items and deliver them to Rose Haven before the holidays.
Thank you for supporting such impactful work in our local community.
Donations of socks, gloves and/or handwarmers can be directed to:
Lewis Brisbois Bisgaard & Smith LLP
Attn: Nicky Blumm
888 SW Fifth Avenue #900 Portland OR 97204
Give a monetary donation to Rose Haven directly: via Venmo at @rosehavenpdx or online at www.rosehavenpdx.com
2025 Imprint Project
Read a great book and correspond with local high school students
Sign up to volunteer at www.mbabar.org/imprint
This popular program is organized by the YLS Service to the Public Committee and connects Parkrose High School students with attorneys and judges in their community. The program also provides an opportunity for the students to develop written and analytical skills.
Beginning in January, each student is paired with a volunteer, and both are assigned to read the same novel over a two- to three-month period. The
pen pals then exchange a series of letters by mail, discussing their lives and interests as well as the portion of the novel that was read that week.
There is an opportunity for the student and volunteer to meet during the program-end celebration held at the school. A date for the event will be announced in January.
New volunteers are invited to attend a January virtual orientation, a recording of which will be available, and orientation materials will be provided to all volunteers.
Pro Bono Spotlight
by Ben Criswell YLS Pro Bono Committee
Patrick Abell, a real estate attorney at Stoel Rives, exemplifies the legal profession’s highest ideals through his commitment to pro bono service. Drawing on his background as a former US Marine Corps Captain, Abell is driven to provide legal support to veterans and underserved communities.
Abell’s pro bono work spans a wide range of legal issues, reflecting his dedication to addressing diverse community needs. In landlord-tenant law, he has been a staunch advocate for tenants. In a 2023 matter, Abell successfully challenged a defective eviction notice, securing crucial additional time for his client to find new housing. His work in this area extends to representing disabled veterans, as evidenced by a 2020 matter where he negotiated a settlement forgiving past due rent for a veteran client in Ohio. Abell has also made significant pro bono contributions in the area of family law. In a
2018 matter, he represented a single mother in a complex child custody dispute, demonstrating his ability to navigate sensitive family issues with compassion.
Abell’s commitment to veteran advocacy is particularly noteworthy. Earlier this year, he helped achieve a victory for a veteran client in a case against the US Department of Veterans Affairs (VA). Abell’s persuasive arguments led to the VA reversing its decision to deny health care benefits to his client. This case, which resulted in a joint motion to remand the issue to the local VA office for review, showcases Abell’s ability to effect change within complex bureaucratic systems on behalf of those who have served our country.
Beyond individual representation, Abell has also lent his expertise to nonprofit organizations. From 2022 to 2024, he represented a Portland area nonprofit in protracted lease and purchase option negotiations with
Ask the Expert Patrick Abell: A Commitment to Service Through Law
Lauren Blaesing on Effectively Working with In-House Counsel
by Caulin Price YLS Board
Working effectively with inhouse counsel requires clear communication and collaboration. Lauren Blaesing, a shareholder at Markowitz Herbold PC, knows this as well as anyone. Representing public and private companies, nonprofits, and governmental entities in complex disputes and litigation, she shared three key concepts to work effectively with in-house legal teams: 1) determine at the outset of the representation what the underlying goals of the organization are; 2) understand how in-house counsel wants information communicated to them; and 3) ensure that you and the in-house legal team are aligned on which client representatives should be provided sensitive case information and how to effectively preserve attorney-client privilege. In-house legal teams are unique because, in addition to being a representative of the client, they also have clients of their own in the form of the executives and decision-makers of the organization. As a result, it’s important to know and understand the in-house team’s goals and how they relate to the organization’s overall goals. Those goals can vary from the client identifying their leverage or bargaining power in a business transaction or settlement negotiation to ensuring that a case
the city, highlighting his skill in complex real estate matters for pro bono clients.
While maintaining a robust practice focused on renewable energy project development, commercial real estate, and agribusiness transactions, Abell consistently invests time in pro bono service. Through his work, Abell demonstrates that pro bono legal assistance can be a powerful tool for community service and social justice. As Abell continues to balance his professional success with his commitment to service, he sets a compelling example for attorneys across the profession, demonstrating how legal skills can be shared to make a meaningful difference in the lives of individuals and communities in need.
settles, or a transaction closes, before fiscal or calendar year-end. Your strategy and tactics will vary accordingly, so this piece is critical when commencing the representation and ensuring that you and the in-house team are working in concert.
Relatedly, as the representation progresses, it’s important to confirm with in-house counsel how best to communicate information about the matter to them. In-house legal teams are busy and often represent multiple departments within their organization. A great way to do this is to clarify how they want updates. Some want to receive a weekly status email or have template report forms. Others prefer to have weekly status calls to go over high-level details. You should tailor your communications to the preferences of the in-house legal team. Equally important is confirming with in-house counsel how involved they want to be with the representation - some counsel prefer to play a more passive role and only review work product when it’s final or close to final and others want to play an active role in drafting documents and making tactical decisions. That role will differ client-toclient, but it can also change for a single client depending on the magnitude of the case at hand.
Lastly, it is important when dealing with organizational clients to be clear with the various client representatives about how to maintain the client’s attorneyclient privilege. For example, when interacting with employees outside of the executive or management teams, in tasks such as conducting interviews and collecting discovery, you should establish the information that the employee needs to know in connection with the specific task and avoid providing them any litigation strategy information outside the scope of what is absolutely necessary to maintain attorney-client privilege.
The above are useful points for any representation but especially when interacting with an in-house legal team. As demonstrated, the most important part of any representation is effective communication from start to finish. As Lauren puts it, you need to have a “thoughtful and collaborative approach on how to effectively resolve issues” in order to accomplish in-house counsel’s goals and keep them informed throughout the process.
Patrick Abell
Lauren Blaesing
Upcoming YLS Events
Pro Bono Bingo
A Fundraiser to Benefit the Volunteer Lawyers Project at Legal Aid Services of Oregon
Thursday, November 14, 5-6:30 p.m.
Standard Insurance Building Atrium
900 SW 5th Avenue, Portland
Advance tickets $30 - register at www.mbabar.org
You are invited to join the YLS Pro Bono Committee and your host, famed Portland entertainer Poison Waters, for a lively evening of bingo. All proceeds to benefit the Volunteer Lawyers Project at Legal Aid Services of Oregon. Bingo may be a game of chance, but you’re sure to have a good time while also improving access to justice for low-income Oregonians.
Thank you to our sponsors:
Oregon Food Bank
Thursday, November 21, 6-8 p.m.
7900 NE 33rd Drive, Portland
Volunteer at www.bit.ly/yls-ofb
Help fight hunger in your community! Join the YLS Service to the Public Committee at the Oregon Food Bank on Thursday, November 21 from 6-8 p.m. The volunteer shift will depend on the needs of the Oregon Food Bank and can include multiple projects. Volunteers should be prepared for a potentially cool warehouse setting. The shift might entail one or more of the following tasks:
• Sort canned and boxed food donations into categories
• Repack and label bulk food items into family-size portions
• Cull and sort produce
If you have any questions, please feel free to reach out to Sarah Coates (scoates@sussmanshank.com). We look forward to seeing you on the 21st! Manage your law firm from anywhere.
Spend more time doing what you love. Manage your legal practice from any device, anywhere and keep your practice running smoothly.
Claim your 10% Clio discount at landing.clio.com/multbar
Tips From the Bench
Continued from page 8
not just email, text, or write, but to actually pick up the phone or sit across the table and talk.
This requirement, to talk to each other, is indeed a part of keeping the professionalism of our bar. The Oregon Rules of Professional Conduct abound with the notion that we, as lawyers, must stay informed on the matters in which we are representing our clients. You can’t get past Rule 1.1 without the understanding that in order to be a competent attorney, you must be able to talk with opposing counsel. Without talking to opposing counsel, we are neglecting an essential part
of the overall obligation of Rule 1.4, communication - to keep ourselves informed.
Clients, the courts, and our duty as bar members to professionalism will best be served by engaging in a routine practice of picking up the phone and talking with each other, and with such communication an endeavor to seek practical solutions to problems and disputes. Pick up the phone and make that call; you may be pleasantly surprised how helpful it is to just have a conversation with each other - whether it is finding common ground, clarifying misunderstandings, or gaining a better understanding of issues in dispute.
The Corner Office PROFESSIONALISM
ORPC 7.3(a):
What Should We Know About a Prospective Client and When Should We Know It?
We all know the term, the derogatory term that gets used for lawyers by cynical members of the public. We’re so familiar with the term that we won’t directly repeat it here, and will instead summarize a story told by Sir Edward Watkin of the South Eastern Railway Company in England in January 1881:
“We had an accident, I may tell you, at Forrest-hill two years ago. Well, there was a gentleman - an attorney in the train. He went round to all the people in the train and gave them his card; and, having distributed all the cards in his card-case, he went round and expressed extreme regret to the others that he could not give them a card; but he gave them his name as ‘So and So’ .... That was touting for business.”
Richard Pike, ed., Railway Adventures and Anecdotes, 1888 (3d ed.) p. 270, available at www.bit.ly/railway-adv. Sir Edward went on to lament that there was no governing body up to the task of preventing such activities.
In the modern-day United States, of course, state bars and legislatures have indeed tasked themselves with avoiding barratry (also not the term we are all thinking of), such as Texas, which has made it a criminal offense for an attorney to contact a person “who has not sought the person’s employment, legal representation, advice, or care” within 31 days of an injury accident. Texas Penal Code 38.12. Oregon itself prohibits soliciting business directly at any “factor[y], mill[], hospital[]” or other places where injuries commonly occur. ORS 9.510.
The rules used to go further; as recently as 2017, it was a violation of the ORPCs to “by in-person, live telephone or realtime electronic contact solicit professional employment when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain.” Then-ORPC 7.3(a). But in 2018, the rule was changed, and now Oregon lawyers may contact a person by any means unless “the lawyer knows or reasonably should know that the physical, emotional or mental state of the subject of the solicitation is such that the person could not exercise reasonable judgment in employing a lawyer.” ORPC 7.3(a) (as amended). (Of course, the lawyer must also avoid contacting someone who has said they don’t want to be contacted, or using coercive tactics. ORCP 7.3(b)-(c)).
The question for an ethical and professional attorney remains: Where is the line? How is a practicing attorney to know when a potential client has a “physical, emotional or mental state” that is conducive to hearing about that attorney’s services? Like so many things in this business, the answer
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is “it depends.” The “physical, emotional or mental state” language has been in place in Oregon in relation to mailings for a long time, and observers have been liberal in evaluating it. See Oregon State Bar Ethics Op. 2005-127 (withdrawn) (observing that “[i]n most instances, the mere fact that someone has been in an accident” would not create a problem for written communication). Although there are no reported cases interpreting ORPC 7.3(a) as amended, it seems likely that an outside observer would be as forgiving of an attorney who made a cold call or uninvited visit to an accident victim as to one who made a mailing.
For now, the best practice remains to be aware of the language of Rule 7.3(a), and responsive to it. In other words, in the absence of official analysis, it is important for an attorney to perform their own analysis in each and every effort or potential effort to reach out to a potential client who may, as a result of the nature of their claim, be experiencing a challenge to their decision-making. At the same time, it is also important to recognize that “the civil access to justice gap in Oregon remains
persistent” and that “allowing lawyers to meet consumers where they are” means closing that gap more effectively. Amber Hollister, The Brave New World of Lawyer Advertising, 78 Ore. St. Bar Bull. 9 (2018). Communication has come a long way from the railroading attorney running out of business cards, and used responsibly, benefits, rather than harms, clients.
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.
DAILEY MEDIATION
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KATHLEEN DAILEY
Experienced • Astute • Thorough Circuit Court Judge, 2004-2022 Trial Attorney, 1988-2004
Thank You Absolutely Social Sponsors
Lawyers, judges, sponsors and law students gathered at the Multnomah Athletic Club on October 15 for the fall Absolutely Social. Photos from the event will appear in the December issue.
Thank you to our generous sponsors
Allegiant Law LLP
Alterman Law Group PC
Barran Liebman LLP
Buchanan Angeli Altschul & Sullivan LLP
Chernoff Vilhauer, LLP
Farleigh Wada Witt
Foster Garvey PC
Harrang Long P.C.
Heritage Bank IMS Tsongas
Jen Myers - Certified Divorce Real Estate Expert
Jordan Ramis PC
Kauffman Kilberg LLC
Larkins Vacura Kayser LLP
Legal Northwest
Miller Nash LLP
NAEGELI Deposition & Trial
Oregon State Bar
OSB PLF Excess Program
Samuels Yoelin Kantor LLP
Snell & Wilmer
Stoel Rives LLP
Summit Bank
Sussman Shank LLP
Tonkon Torp LLP
Umpqua Bank
Vangelisti Mediation
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
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, 1.877.553.6376, 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.
1.800.528.3335, 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
Shipping and Logistics Services
Up to 26% savings on express shipping
www.mbabar.org/benefits
Classifieds
Jobs
Associate Attorney
Barger Law Group PC in West Linn seeks an associate attorney. The firm specializes in insurance defense litigation. The ideal candidate should have between 0-3 years of experience as a lawyer in Oregon and be admitted to the Oregon State Bar. He/she must possess strong analytical skills, legal research abilities, as well as a propensity to multi-task by working on a full case load. The position will involve attending depositions, hearings, arbitrations, and trials, performing legal research, preparing motions and reports, as well as collaborating with our lawyers on various cases. The firm offers competitive compensation and benefits.
Interested candidates should send a cover letter and resume to Glenn Barger at gbarger@bargerlawgrouppc.com.
Space Available
Office Space Available
Lake Grove Crossing Executive Suites, Near Mercato Grove, 4035 Douglas Way, Lake Oswego, OR 97035. Newly remodeled executive office space available. All private, windowed offices. Common area amenities, including free parking, use of breakroom, conference room, and workroom. Prices begin at $950 per month. Call Meghan at 503.468.5573.
Hollywood/Private Office
192 sq ft for $775, second floor office in classic home presently officing five attorneys with water law and estate practices.
Ten-minute walk to Hollywood transit station, street parking, shared kitchenette. A notary is available as well as conference room booking. Copy privileges available at an additional cost. Contact Heather Allen at 775.786.8800 or email from website: www.water-law.com.
Pro Bono Volunteers
Thank you to the following lawyers who recently donated their pro bono services to the Children’s Representation Project or Volunteer Lawyers Project at Legal Aid Services of Oregon. Visit www.mbabar.org/probono to discover pro bono opportunities in Multnomah County.
Alan Aldous
London Ballard
Tabitha Brincat
Brett Carson
Rachelle Collins
Tiffany Davidson
Alicia Doling
Laura Donaldson
Darin Dooley
Jeannine Ferguson
Michelle Freed
Adrienne Garcia
Ryan Hackett
Carey Haladay
Ezra Hammer
Theressa Hollis
Samuel Justice
Marry Karam
John Koch
William Kwitman
David Malcolm
John Manning
Eric Martin
Michael O’Brien
Shannon Parrott
Jason Pierson
Ben Pirie
Daniel Reitman
Greg Roberson
Susan Rossiter
Lyndon Ruhnke
Kevin Sasse
W. George Senft
James Shipley
Donna Smith
Morgan Terhune
Darin Wisehart
Bronwen Wright
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