Oregon State Bar Bulletin — OCTOBER 2009
CLE Seminars

Elder Law Issues and Answers
Friday, Oct. 2
9 a.m.-4:45 p.m.
4.25 general CLE credits, 1 ethics credit, and 1 access to justice credit
Oregon Convention Center, Portland

America’s older population is growing larger and more diverse. When the Baby Boomers start reaching 65 next year, they are expected to focus attention on issues about aging and disability. The expert faculty for this information-filled seminar will provide the tools needed to answer some of those concerns. From removing sponging relatives from an elder’s home to planning for community property owned by retired couples moving to Oregon, attorneys who practice elder law must be able to address a wide range of needs. Get the latest on legislative developments affecting elder law and an update of changes to Medicaid administrative rules. Learn how a lawyer’s ethical obligations interact with medical privilege and HIPPA. And, as your clients begin to reflect the growing ethnic diversity of the aging population, gain an understanding of how to bridge differences in communication styles and cultural values. Cosponsored by the Elder Law Section.

Ast (10/30) Bend (10/23) CB (10/23) Eug (10/30) GP (10/22) HR (10/23) Klam (10/23) LG (10/23) Med (10/30) New (10/30) Pend (10/30) Red (10/30) Rose (10/22) Salem (10/23) Tig (10/21) Vale (10/23)

Law Firm Risk Management by the Numbers — and How to Avoid Becoming a Statistic
Thursday, Oct. 8, 9-11:30 a.m.
2.25 ethics credits
Oregon State Bar Center, Tigard

This new ethics program weaves Oregon and national statistics on legal malpractice claims and bar disciplinary complaints together with risk management techniques. Examine the statistics for different practice areas and learn how to tailor your firm’s risk management program to avoid ethical and liability traps.

Ast (11/6) Bend (10/30) CB (10/30) Eug (11/6) GP (10/29) HR (10/30) Klam (10/30) LG (10/30) Med (11/6) New (11/6) Pend (11/6) Red (11/6) Rose (10/29) Salem (10/30) Tig (10/28) Vale (10/30)

Fundamentals of Oregon Civil Trial Procedure
Friday, Oct. 9, 9 a.m.-4:45 p.m., and Saturday
Oct. 10, 9 a.m.-noon
8.75 general CLE or practical skills credits and 1 ethics credit
Oregon State Bar Center, Tigard

Accomplished litigators and members of the bench will teach procedural skills for achieving success both in and out of the courtroom. Whether you are relatively new to litigation or are an experienced attorney who wants a refresher course in Oregon civil trial procedure, this comprehensive seminar provides the concepts and keys for a sound litigation foundation. Cosponsored by the Litigation Section.

Ast (11/12-13) Bend (11/5-6) CB (11/5-6) Eug (11/12-13) GP (11/4-5) HR (11/5-6) Klam (11/5-6) LG (11/5-6) Med (11/12-13) New (11/12-13) Pend (11/12-13) Red (11/12-13) Rose (11/4-5) Salem (11/5-6) Tig (11/4-5) Vale (11/5-6)

Barriers to Accessing Legal Services: Age, Economic Status and Disability
Thursday, Oct. 15, 9 a.m.-noon
3 general CLE or access to justice credits (Qualifies for introductory access to justice credits as required by MCLE Rule 3.3(b) for OSB members admitted after Jan. 1, 2009.)
Oregon State Bar Center, Tigard

More than ever, trying to secure basic legal services can seem insurmountable to some people. Our expert faculty will explore the barriers encountered by three traditionally underserved groups. Learn how to advocate for the needs of aging clients and their families; discover tips and traps for representing low-income clients; and gain an understanding of the behavior and decision-making processes of individuals with disabilities. This insightful program will provide practical advice and resources to help lower the barriers to legal services.

Ast (11/20) Bend (11/13) CB (11/13) Eug (11/20) GP (11/12) HR (11/13) Klam (11/13) LG (11/13) Med (11/20) New (11/20) Pend (11/20) Red (11/20) Rose (11/12) Salem (11/13) Tig (11/18) Vale (11/13)

Deposition Techniques and Strategy with David Markowitz
Thursday, Oct. 22, 9 a.m.-4:15 p.m.
6.25 general CLE or practical skills credits
Oregon Convention Center, Portland

Depositions can make or break your case, and this is your chance to learn from a master. For more than 20 years, David Markowitz has been studying deposition and trial techniques and has presented dozens of seminars to improve the skills of practicing attorneys. Markowitz will share with you 10 important goals, including avoiding undesired results. Learn the value of question structure and how to deal with evasive and incomplete answers. The most important questions and techniques the best lawyers use will be covered, as will a key component of any deposition — knowing when to stop asking questions. Through his keen ability to communicate and persuade, Markowitz will demonstrate powerful, practical methods for getting the most out of your depositions, including the best ways to defend depositions, depose expert witnesses and effectively use depositions at trial. Whether you are new to trial practice or want to refresh your deposition skills, this presentation by one of Oregon’s litigation lions is an opportunity not to be missed.

Ast (1/15) Bend (1/8) CB (1/8) Eug (1/15) GP (1/7) HR (1/8) Klam (1/8) LG (1/8) Med (1/15) New (1/15) Pend (1/15) Red (1/15) Rose (1/7) Salem (1/8) Tig (1/13) Vale (1/8)

Drafting LLC Operating Agreements
Friday, Oct. 23, 9 a.m.-4:30 p.m.
6.5 general CLE credits
Oregon Convention Center, Portland

It’s not enough to have a great idea for a business; forming and organizing the business is an integral part of success. Begin the day with an overview of drafting and then move on to the starting point of any business — choice of entity. Review articles and operating agreements, and learn how to draft creative management alternatives to avoid deadlock and incorporate dispute resolution. Take a look at voluntary and involuntary transfers of membership interests, including bankruptcy and death and safe-harbor LLC and partnership allocation provisions. Pick up tips on the problems common to many operating agreements and how to handle a problem agreement. Finally, examine drafting and estate planning considerations, such as multi-generational ownership and using an LLC to manage trust assets.

Whether you are new to a business practice or simply adding to your existing expertise, don’t miss the opportunity to benefit from this seminar’s practice-oriented focus. Ast (1/22) Bend (1/15) CB (1/15) Eug (1/22) GP (1/14) HR (1/15) Klam (1/15) LG (1/15) Med (1/22) New (1/22) Pend (1/22) Red (1/22) Rose (1/14) Salem (1/15) Tig (1/20) Vale (1/15)

Anatomy for Lawyers with Sam Hodge
Thursday, Oct. 29, 9 a.m.-4:30 p.m.
6.5 general CLE credits
Oregon State Bar Center, Tigard

The neck bone’s connected to the back bone, and the shoulder bone’s connected to the arm bone….You know that much. But to properly handle a back or knee injury case (by far the largest categories of personal injury, workers’ compensation and disability claims) or a shoulder injury (accounting for the most time lost from work), you need to know a whole lot more. Come discover how to handle back, shoulder, hand and knee injury cases effectively, persuasively and with confidence. Prof. Sam Hodge will demonstrate the various elements of the rotator cuff and the mechanisms of rotator cuff injury and explain the pros and cons of various diagnostic tests for injured body parts, as well as treatment options. Hodge brings boundless enthusiasm to the topic of anatomy. He is a skilled litigator who has taught medical topics for more than 15 years. As you learn how diagnoses are made, you will be introduced to medical tests and surgical procedures from a lawyer’s unique perspective. Learn the difference between the carpal tunnel and the cubital tunnel, a laminectomy and discectomy, and the cruciate ligaments and collateral ligaments. While you read plain film X-rays, myelograms, and MRI images, special attention will be paid to the limitations of these diagnostic tests with a discussion of the number of asymptomatic people who have abnormalities on diagnostic imaging. Whether you have experience handling personal injury cases or are new to the area, you will leave with practical tips and techniques to use in your practice immediately.

Ast (1/29) Bend (1/22) CB (1/22) Eug (1/29) GP (1/21) HR (1/22) Klam (1/22) LG (1/22) Med (1/29) New (1/29) Pend (1/29) Red (1/29) Rose (1/21) Salem (1/22) Tig (1/27) Vale (1/22)

Real Estate and Land Use 2009: Looking Forward to New Opportunities
Friday, Oct. 30, 8:30 a.m.-4:15 p.m.
6.5 general CLE credits
DoubleTree Hotel Lloyd Center, Portland

Even though real estate sales and development projects have cooled during the current economic downturn, the issues surrounding land use and real estate are still hot. The 2009 Oregon legislative session saw heated debate regarding resort development in the Metolius River Basin and liquefied natural gas projects. With this seminar, gain an understanding of how regional planning is affected by funding issues, including the passage of HB 3379. See how new farming techniques and wind and solar projects are changing Oregon’s agriculture landscape, and get a glimpse of what is new with commercial finance and the residential housing market. For a unique take on the multitude of real estate and land use questions that have arisen over the past year, the RELU Section presents its own version of the popular public radio show segment, CarTalk’s “Stump the Chumps.” Two of the section’s most frequent posters on the RELU section listserv will review some of the thorniest questions posted and will follow up with the questioners to see how the listserv advice worked out. Cosponsored by the Real Estate and Land Use Section.

Ast (2/5) Bend (1/29) CB (1/29) Eug (2/5) GP (1/28) HR (1/29) Klam (1/29) LG (1/29) Med (2/5) New (2/5) Pend (2/5) Red (2/5) Rose (1/28) Salem (1/29) Tig (2/3) Vale (1/29)


CLE Publications

Guardianships, Conservatorships and Transfers to Minors
Soon to be revised, this handy reference guide used by lawyers and judges explains Oregon guardianship and conservatorship law. It also discusses the ethical and malpractice risks facing lawyers who represent clients in guardian-ships or conservatorships.

Interpreting Oregon Law
A majority of cases decided by the Oregon Supreme Court and Court of Ap-peals involve the interpretation of an administrative rule, statute or the Or-egon Constitution. But these issues started at the trial court level. This new publication from the OSB Legal Publications Department will help you de-velop your statutory interpretation argument at trial and on appeal.For more information call the OSB Service Desk at (503) 431-6413 or, toll-free in Oregon, (800) 452-8260, ext. 413.


October 30
Real Estate and Land Use 2009: Looking Forward to New Opportunities

October 30
Government Law

November 12
An Eye on Civil Rights: A State and Federal Update on Discrimination

November 13
Broadbrush Taxation

November 19

November 20
Administering the Taxable Estate

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