Oregon State Bar Bulletin ó OCTOBER 2003

Bar News

Awards presented at annual meeting
Awards for service to the public and the profession were given during a special awards dinner Sept. 19 in Seaside, as part of the OSB Annual Meeting.

The Award of Merit, the highest honor the Oregon State Bar can bestow, was given Joseph D. Robertson of Salem. The award is given to those who have made outstanding contributions to the bench, bar and community, and who exhibit the highest standards of professionalism.

Robertson has served the bar in many capacities: as a member of the Board of Governors, the Board of Bar Examiners, as bar counsel, and as an author for CLE publications. He also has been active with the American Bar Association, the Marion County Bar Association and numerous specialty bars. He is a respected author and lecturer, an advocate for schools, and a much-loved coach for youth baseball and soccer teams.

Albert Menashe, chair of the Joint Bench/Bar Commission on Professionalism, presented the first-ever Edwin J. Peterson Professionalism Award to its namesake, former Chief Justice Peterson. (A full profile of Justice Peterson appeared in the August/September 2003 OSB Bulletin.)

The 2003 Membership Service Award was presented to:

David Culpepper
, a partner at Miller Nash in Portland. Culpepper has participated as a speaker and a planner for 19 OSB CLE seminars, and recently planned the 3rd Annual Tax Institute.

Tom Kranovich, Milwaukie, a past recipient of the Presidentís Affirmative Action Award. In a addition to his work promoting diversity in the legal profession through the barís Diversity Section, and through support to the Opportunities in Law in Oregon program, he served on the barís Judicial Administration Committee, where he worked on a variety of issues affecting the justice system.

Mark Morrell, Portland, chair of the Procedure and Practice Committee (known as the legislative workhorse for its role in the barís law improvement program). As chair of the committee, and a member for two legislative sessions, Morrell is credited for 'going the extra mile' to work with interested parties in the legislative process to work out amendments on controversial pieces of legislation, and to build consensus among bar groups.

David Seulean, Ashland, credited for providing consistent and diverse service to the members of the Oregon State Bar. He has been a leader with many state and local bar groups. In turns as secretary, treasurer, chair-elect and chair of the Estate Planning Section, Seulean worked on the formulation and review of legislation on guardianship and conservatorship and wills and trusts.

Presidentís Public Service Awards are given to attorneys who have made substantial contributions to the public through recent efforts involving pro bono services, the legislative/public affairs process, law-related education, coordination of public service law-related events, service with community boards or organizations, or similar activities that benefit the public.

The 2003 Public Service Award was presented to Roderick Boutin, president of the Clackamas County Bar Association. A volunteer pro tem judge himself, Boutin worked over the last year to organize and recruit other volunteer judges pro tem to help the Clackamas County Courts with docket overload during the courtsí budget crisis.

The Presidentís Award, a special award of appreciation given at the discretion of the OSB president, was presented to Eric and Hollie Lindauer, unofficial ambassadors of the barís most recent Access to Justice initiative.

New lawyers thank fair volunteers
The Oregon New Lawyers Division thanks the volunteers who gave their time and energy to staff the booth at the 2003 Oregon State Fair. With their help, thousands of legal information brochures and legal information resources were distributed during the two-week event.

The volunteers for this yearís booth were: Angie and Jeff Almasy, Matthew A. Arbaugh, John R. Bachofner, Jessica Beckman, Leonard R. Berman, Christopher A. Bishop, Cary Cadonau, Brandon G W. Calheim, Craig J. Capon, William E. Carl, David L. Carlson, Marc Marshall Carlton, Claudia Cerda, Jessica L. Cousineau, Aaron C. Denton, Patrick English, Angela L. Engstrom, Allen E. and Michelle Eraut, Sonya Gayl Fischer, Jane Gillespie, Brenda Gomez, Rebecca Grady, Denise M. Graves, Sarah Hackbart, Frank Jepsen, Kirsten L. Jepsen, Philip Alan Johnson II, Heather L. Jones, Ryan P. Kahn, Romy Klopper, Angela Lamb, Shawn M. and Amanda Lindsay, Bradley D. Maier, John J. Marandas, Robert May, Jeff S. Miholer, Peggy Miller, Cynthia I. Mohiuddin, Jennifer L. Niegel, Katherine Porter, Thomas K. Rayhel, Beth Richley, Robyn E. Ridler, Margaret Robinson, Matthew Lansing Roy, Douglas Scott Sedwick, Hertsel Shadian, Jason A. Skelton, Michael Slauson, Caroline Louise Smith, Louis Smith, P. McCoy Smith, Andrew J. Smith, Jami Spiesman, Robyn Stein, C. Robert Steringer, Sylvia E. Stevens, Gina Marie Stewart, Catherine A. Tappel, David Tomlinson, Trung D. Tu, Arlo Varri, Bill Wenzel, Teresa Wenzel, Tracey West, Ross M. Williamson, John E. Wootton

Reinstatement Applications
Virgil Dugger
of Portland, Bar No. 620256, has filed an application for reinstatement as an active member of the Oregon State Bar pursuant to Rule of Procedure (BR) 8.1. Mr. Dugger is seeking reinstatement following a nine-month disciplinary suspension imposed by the Supreme Court in In re Dugger, 334 Or 602, 54 P3d 595 (2002). Upon reinstatement, Mr. Dugger intends to practice law on a part-time basis.

Kurtis M. Lombard of Tigard, Bar No. 810702, has filed an application for reinstatement as an active member of the Oregon State Bar pursuant to Rule of Procedure (BR) 8.1. Mr. Lombard was suspended for seven months effective January of 1995 (In re Lombard, Or Sct S41883 [1994]). He is only now seeking reinstatement following his 1995 disciplinary suspension. Since 1997, Mr. Lombard has been employed as a claims representative for Allstate Insurance.

James P. Wall of Chicago, Bar No. 711806, has filed an application for reinstatement as an active member of the Oregon State Bar pursuant to Rule of Procedure (BR) 8.1. Mr. Wall was admitted to the Bar in 1971 and transferred to inactive status in 1980 after relocating to Texas to accept a position as chief counsel for an engineering company. In recent years, Mr. Wall has been an investment properties advisor and commercial real estate broker in Florida and Illinois. Mr. Wall is planning to return to Oregon and upon reinstatement will seek employment as an in-house corporate counsel.

David Peryerwold of Portland, Bar No. 821522, has filed an application for reinstatement as an active member of the Oregon State Bar pursuant to Rule of Procedure (BR) 8.1. Mr. Peyerwold became a member of the Oregon State Bar in 1982. Four years later he moved to California where he was admitted to practice in 1988. Subsequently, in 1989, he was suspended in Oregon for failure to pay his dues. He has now returned to Oregon and hopes to secure part-time, contract legal work.

The Rules of Procedure require the Board of Governors to conduct an investigation of BR 8.1 reinstatement applications to determine whether these applicants possess the good moral character and general fitness to practice law and that the resumption of the practice of law in this state by these applicants will not be detrimental to the administration of justice or the public interest. Any person with information relevant to this inquiry is asked to contact promptly the Regulatory Services Division at the Oregon State Bar, PO Box 1689, Lake Oswego, OR 97035-0889, 620-0222, or 1-800-452-8260, extension 343.

Just getting started in private practice?
The 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 will satisfy MCLE requirements for new admitteesí first reporting period. The workshop will be held Nov. 5, 6 and 7 at the Oregon Convention Center in Portland. The $50 registration fee includes the workshop and lunch Nov. 5 and 6. Registration deadline is Oct. 29.

For information, write, fax, or e-mail Karen Neese, Professional Liability Fund, P.O. Box 1600, Lake Oswego, OR 97035; fax: (503) 684-7250; e-mail: karenn@ osbplf.org.

Correction to time limits handbook
The Oregon Statutory Time Limitations Handbook, published in May 2003 by the Professional Liability Fund, has an error on page 84. The fourth bullet listed under the title Governmental and Public Bodies, I. (ß42.1) A. has an incomplete description of an exception and, therefore, gives inaccurate information that could lead to a claim being barred. The corresponding citation is also inaccurate. Please cross out the text listed at the fourth bullet of this section. At the end of September, the PLF sent out a letter and an adhesive strip with the following corrected text:

*†Limited exceptions to ORS 30.275(1)-(7) involve the Department of Human Services and the Oregon Youth Authority. See, ORS 30.275(8).

Please be sure to correct your book immediately. If you did not receive a correction strip or if you would like a copy of the handbook, e-mail danaew@osbplf.org or call the PLF at 503-639-6911 or 1-800-452-1639.

This area of the law is a common cause of malpractice claims. There is frequent confusion about the Tort Claim Act and the notice requirements for minors. Generally, a plaintiff must give written notice of a claim to a public body within 180 days of injury arising from an action or omission of the public body. ORS 30.275(1), (2)(b). The notice-of-claim period is extended for up to 90 days if the injured person is unable to give notice due to the injury or because of minority, incompetence, or other incapacity. ORS 30.275(2). This notice requirement is strictly applied, and the exceptions are very narrow. Unfortunately, this error has the potential for adding to this confusion. Therefore, please cross out the incorrect text immediately and make a note of the correct information.


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Spotlight on
OSB volunteers

Nancy M. Cooper
Bullivant Houser Bailey

Nancy Cooper was serving on the Legal Assistants Committee in 1999 when the Board of Governors voted to abolish the committee. To ease the impact of this decision, the BOG Appointments Committee appointed the displaced committee members to other committees of their choice. Nancy was appointed to the Legal Ethics Committee, where she served for two years before being appointed chair her last year on the committee.

In September 2000, at the beginning of her term as chair of the LEC, Nancy suggested to the BOG that it create a special committee to review the Disciplinary Rules in light of the pending changes to the ABA Model Rules. Arden Olson, secretary of the LEC, also devoted many hours serving as secretary to the special rules committee. The culmination of the Rules Committeeís work was a proposal to replace the Oregon DRs with a new 'Oregon Rules of Professional Conduct' patterned after the ABA Model Rules. The proposed new rules were approved by the House of Delegates in September 2003, with some amendments. They are now pending before the Supreme Court.

After several years as a partner in a small firm, Nancy moved in 2002 to the Bullivant Houser Bailey firm, where she specializes in employment litigation and counseling. She also serves as a member of the OSB fee arbitration panel. Asked why Nancy volunteers so much of her time to the OSB, she replied: 'Itís very rewarding. You feel as if youíre giving something back to the profession to maintain the honor and integrity. Itís very satisfying.'

The Oregon State Bar sincerely appreciates the hard work of Nancy Cooper and the other members of the task force that include: Arden Olson, secretary, Michael J. Caro, Mark J. Fucile, John M. Junkin, John L. Svoboda, Stephen R. Moore and Lisanne M. Butterfield.

Jurist booked for PSU library event

Federal Judge Wayne E. Alley, one of the nationís leading legal scholars, is the scheduled speaker at the 9th annual recognition dinner of the Friends of the Portland State University Millar Library.

The dinner meeting will be Tuesday, Nov. 4 at 6 p.m. at the Doubletree Downtown Hotel at 310 S.W. Lincoln St.. Cost is $35 and reservations are available from the PSU Library, (503) 725-4616, or event chair Doug Porter, (503) 294-9795.

A native Portlander and graduate of Washington High and Stanford University Law School, Judge Alley currently is senior judge assigned to the U.S. District Court for Western Oklahoma.

He is the retired dean of the University of Oklahoma Law School and retired Brig. Gen. with the Judge Advocate Generalsí Corps (JAG).

While in the Army, he handled the appeal of Lt. William Calley, who was convicted in the 'Mi Lai Massacre' case.

His planned discussion of literary culture, 'From the Ancient Scrolls to the Book-of-the Month Club,' gives him a wide latitude to inform, educate and influence his audience.

Judge Alleyís brother is Portland attorney Wayne D. Alley, current president of the PSU Friends of the Library.

OSB historian dies

Gordon B. Dodds, a Portland State University professor emeritus and co-author of the soon-to-published history book of the Oregon State Bar, died Aug. 31, 2003, from a progressive lung disease. He was 71.

Dodds was the author of many widely regarded books on Oregon and Northwest history, including 'Oregon: A Bicentennial History' and 'The American Northwest: A History of Oregon and Washington.'

An obituary in the Oregonian credited Dodds with identifying 'an enduring paradox in the soul of Oregon: How a state could appear so progressive at one moment, and so conservative the next.'

Dodds was born in Milwaukee, Wis., on March 12, 1932. He graduated from Harvard University before earning his doctorate in history from the University of Wisconsin. In 1966, Dodds joined the PSU faculty; he chaired the history department from 1996 to 1999, and retired in 2000.

At the time of his death, Dodds had completed his work on the he OSB history book, to be titled 'Serving Justice.' The book is currently in production and will be released in 2004.

Dodds was the PSU archivist at the time of his death. (His 2000 book, 'The College That Would Not Die: The First Fifty Years of Portland State University, 1946-1996,' is the schoolís official history.) His other works included editing of 'Varieties of Hope: An Anthology of Oregon Prose' and writing, co-author Craig E. Wollner, 'The Silicon Forest.'

Among his many awards were the first Branford P. Millar Award for Faculty Excellence in 1979 and the PSU Alumni Association Distinguished Faculty Service Award for 1997-98.

Dodds is survived by his wife, Linda; and children, Paul Dodds, Ruth Allen and Jennifer Weisbrod.