Oregon State Bar Bulletin — AUGUST/SEPTEMBER 2002

Bar News

Board considers report of discipline task force
At its meeting Aug. 2-3 in Corvallis, the OSB Board of Governors heard the report of the OSB Disciplinary System Task Force, chaired by Dennis Karnopp of Bend. Karnopp outlined the task force’s recommendations to the board.

The report is available online here:

http://www.osbar.org/0barnews/July02/disciplinary.html

The board voted to support the following recommendations: revision of the Code of Professional Responsibility to make it less vague and indefinite; reliance on the advice of general counsel as a good faith effort to comply with the Code; attention of the CLE Committee to 'high risk' practice areas; diversion for minor violations; increased SPRB discretion to decline prosecution; a case manager for the Disciplinary Board; ADR as an option to formal contested case proceedings; elimination of automatic review of trial panel opinions by the supreme court; greater use of probation sanction; and a revision of the definition of disciplinary complaint to exclude communications that do not raise an arguable ethics issue.

The board then debated at length various aspects of the two reports on a Consumer Assistance Program (CAP) and on the proposal regarding expungement of complaints. Because it could not reach agreement on the CAP, the board asked board members and staff to draft a set of alternatives to be discussed and voted on by the board in a special meeting to be held by conference call (after press time).

Regarding expungement, the board asked staff to draft a specific proposal that would develop a retention policy that would allow inquiries and dismissed complaints to be destroyed five years after the dismissal or other disposition.

Read the full report of the board meeting at http://www.osbar.org/2practice/blc/ blc_02aug09.pdf. 

Just starting in private practice?
The OSB Professional Liability Fund is sponsoring a practical skills seminar, 'Learning the Ropes,' for new admittees and lawyers entering private practice. The workshop includes information on developing a successful practice and avoiding legal malpractice, professionalism/ethics workshop, practical tips from judges and lawyers, and presentations on setting up effective office systems.

Attendance at the full program satisfies MCLE requirements for new admittees’ first reporting period. The workshop will be held Nov. 6-8 at the Lloyd Center DoubleTree Hotel in Portland. The $50 registration fee includes the entire workshop and lunch on Nov. 6 and 7. Registration deadline is Oct. 31. For information, contact Karen Neese at the PLF, fax: (503) 684-7250, e-mail: karenn@osbplf.org. 

Let the election season begin
By Bob Oleson
OSB government relations director

Given that the fall political season is just beginning, it is difficult to make many predictions about the 2003 legislative session. One negative prediction is that the state budget wars will become more intense. One positive prediction from the OSB Government Relations staff is that the number of practicing lawyer legislators serving in the next session will more than double—going to at least 12. (See the list below.)

Lawyers generally make excellent lawmakers because of their court/governmental experiences, legal knowledge and broad analytical abilities. Lawyers of all philosophies are running this year. It should be easy for anyone to find at least one candidate to support. The influx of lawyers may also help the Judicial Department get better treatment as the state budget struggles are played out in the next legislative session.

The Senate candidates are: Kate Brown, D-southeast Portland (not up for election this year); Peter Courtney, D-Salem; Ken Crowley, D-Hillsboro/Tigard; Bill Witt*, R-Beaverton; Bryan Johnston, D-Salem; Dave Nelson*, R-Pendleton (not up this year); Charlie Ringo, D-Beaverton; Bob Tiernan, R-southwest Portland/Lake Oswego; Dave Tilton, D-Curry, Coos, Douglas counties.

The House candidates are: Robert Ackerman, D-Eugene; V. Brad Avakian, D-Beaverton; Phil Barnhart, D-Eugene; Dan Doyle, R-Salem; Betsy Johnson*, D-Astoria; Greg Macpherson, D-southwest Portland/Lake Oswego; Randy Miller**, R-Lake Oswego; Keith Parker, R-Beaverton; Rob Patridge, R-Medford; Floyd Prozanski, D-Eugene; Dennis Richardson, R-Medford; Lane Shetterly, R-Dallas; Mike Swaim, D-Salem; Max Williams, R-Tigard; Jim Zupancic, R-southwest Portland/Lake Oswego.

(*Not admitted in Oregon; **inactive OSB member.)

The best time to meet and talk to candidates about your issues and concerns is now, before the general election in November. In light of the state’s fiscal crisis and its effect on the courts, it is essential to educate candidates and staff about the function and needs of the court sysem. 

Join the Northwest Indian Bar
The Northwest Indian Bar Association (NIBA) is a non-profit organization of Indian attorneys, judges and advocates in Alaska, Idaho, Oregon, Washington, British Columbia and the Yukon Territory, which aspires to improve the legal and political landscape for the Pacific Northwest Indian community.

NIBA represents and fosters the education and welfare of Native American attorneys, paralegals and tribal court personnel of the Pacific Northwest. It is a non-profit organization.

To join NIBA, contact Gabriel Galanda, NIBA president, at (206) 628-2780 or ggalanda@wkg.com. 

Reciprocity, house counsel applicants
The OSB Code of Professional Responsibility imposes on each member of the bar the duty to aid in the guarding against the admission of candidates unfit or unqualified because of deficiency in either moral character or education. Following is a list of applicants for reciprocal admission or house counsel admission to the bar, received by the Bulletin June 15-Aug. 15, 2002. If you information that might influence the board in considering the moral character of any applicant for admission, contact Marlyce Gholston, Oregon State Board of Bar Examiners, 5200 S.W. Meadows Road, Lake Oswego, Ore. 97035.

Reciprocity: Timothy Elliott Williams, Patrick Joseph Sus Inouye (Elwood), Bernard Frank Veljacic, Gregory Nathaniel Swanson, John Eric Gustafson, Mark Edmund Vovos, Michael Howard Korpi, Jean Weil Waller (Dennis), Mary Jo Heston.

House Counsel: Jeffrey Hirsch, Magali Sosa-Tirado. 

Notices of reinstatement applications
Two persons have filed applications for reinstatement as active members of the Oregon State Bar, pursuant to Rule of Procedure (BR) 8.1.

Katherine L. Kuhn of Portland, OSB #81284, was admitted to the OSB on Sept. 14, 1981. She transferred to inactive on Dec. 28, 1993. Kuhn has been sole proprietor of a pottery business in recent years. She is seeking reinstatement in order to obtain employment in the practice of law in future.

Nicholas E. Ware of Miami Beach, Fla., OSB #87121, was admitted to the OSB on April 30, 1987, and transferred to inactive status on Jan. 4, 1994 because he was serving overseas with the government in a non-legal capacity. Ware is an intellectual property attorney in Florida, and seeks reinstatement to practice law in Oregon.

Anyone with information relevant to this inquiry is asked to contact the OSB Regulatory Services Division, P.O. Box 1689, Lake Oswego, Ore. 97035

Heritage meet set
Members of the bar and public are invited to attend a gathering of the OSB Legal Heritage Interest Group, Saturday, Oct. 19, at the Kah-Nee-Ta Resort on Warm Springs Reservation.

The Hon. Owen Panner and a panel of tribal members and Indian law specialists will discuss the legal heritage and practices of the Confederated Tribes of the Warm Springs at a meeting at the lodge at 12:30 p.m. Afterward the group will tour the Warm Springs Museum.

Contact Katherine O’Neil, (503) 222-4545 or kon@teleport.com for more information. 

Walk a success
An enthusiastic group recently gathered in NorthEast Portland for St. Andrew Legal Clinic’s 3rd Annual Walk for Justice. The 2002 Walk for Justice, sponsored by the Portland firm Bullivant Houser Bailey, raised a record $25,000.

In addition to the $5,000 matching sponsorship of Bullivant Houser, Schmitt Lehmann Court Reporters helped to cover event costs.

For more information about next year’s walk, call St. Andrew Legal Clinic at (503) 281-1500, ext. 24. 

UTCR changes
On May 3, Chief Justice Wallace P. Carson, Jr., signed an order adopting amendments to the Uniform Trial Court Rules (UTCR). These amendments will became effective Aug. 1, 2002, with the exception of changes to UTCR 3.170 and 5.070 which were already in effect.

There has also been a format change to the UTCR. Cross-references have been added to each of the forms in the Appendix and the corresponding rules: UTCR 2.010(7), 5.080, 8.010(5), 8.010(7)(e), 8.040(3), 8.040(4), 8.050(1), 8.050(3), 9.160, 10.010.

A complete list of the UTCR changes are in Oregon Appellate Courts Advance Sheets No. 11, May 3, 2002, or at http://www.publications.ojd.state.or .us/Rules.htm and www.osbar.org.

Council sets meetings
The Council on Court Procedures has selected dates for its remaining meetings of 2002. It will meet Sept. 14 and Dec. 14, 9:30 a.m. to noon at the OSB Center in Lake Oswego. For information, contact executive director Maury Holland at (541) 346-3834 or mholland@law.uoregon.edu. 

Miscellany
Moves: Judy Edwards is the new director of the Multnomah Bar Association, effective April 1. She succeeded Mona Buckley, now executive director of the ABA International Law Section in Washington, D.C. Edwards is the former director of the Westside Transportation Alliance in Washington County … Tracy Ann Hoye of Coos Bay is the new president of NALS of Oregon, an associaton for legal professionals. Jeannette Makus of Portland is the new president-elect. Other officers are Gayle Allen of Tigard, Donna Van Assche of Roseburg, Patti Nairns of Bend, Jackie DeGArmo of Bend, Brenda Piplovick of Portland and Marcia Kempton of Roseburg.

Correction: An item in a May 2002 issue of Bar News omitted the following information: The Oregon New Lawyers Division Pro Bono Committee recognized the University of Oregon School of Law for contributing the most pro bono hours in the 2002 Pro Bono Challenge, winning the law school category. The students reported more than 3,190 hours of pro bono to receive the honor.

CPA mixer: The OSB/OSCPA Joint Committee is now presenting 'Third Thursday,' a new event for attorneys and CPAs to mix, mingle and expand their networks in the two professions. The first event was held in June and continues on Sept. 19 and Nov. 21 at Ram Big Horn Brewing Co., Lake Oswego, and Oct. 17 and Dec. 19 at Portland Brewing Co., Portland.


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