Oregon State Bar Bulletin — JUNE 2015



Bar People



Among Ourselves


Sussman Shank has been named one of the 2015 “100 Best Green Workplaces in Oregon” by Oregon Business magazine. This ranking recognizes the firm for implementing a variety of green policies and for the fact that their employees place a high value on sustainable practices. A total of 434 companies and 17,000 employees participated in the survey. The rankings will be published in the magazine’s June issue.

The Oregon chapter of the American Academy of Matrimonial Lawyers recently elected its new slate of officers to serve a three-year term, beginning Jan. 1. The newly elected officers are: Jeffrey S. Matthews, Yates Matthews Family Law, president; John Case, Feibleman & Case, vice president/president-elect; and John Duerst, Duerst & Funk, treasurer. The chapter also made contributions to the St. Andrew Legal Clinic, which helps needy family-law clients, and Mano-a-Mano in Salem, a provider of supervised parenting time.

Tonkon Torp business attorney Owen Blank has been honored with the Multnomah Bar Association 2015 Pro Bono Award of Merit. In addition to a busy law practice focused on working with corporate, family-owned and nonprofit organizations on a range of business, real estate and commercial matters, Blank consistently devotes significant hours each year to providing pro bono counsel to local nonprofits, particularly those serving disadvantaged communities. For nearly two decades, he has provided pro bono services to Albina Head Start, which delivers school readiness, social and other services to more than 1,000 low-income children and their families in North, Northeast and Southeast Portland. Last year, Blank assembled and led a team of Tonkon Torp attorneys to represent AHS in a series of complex transactions that helped the organization retire a seven-figure debt on its centers and create a seven-figure reserve. In recognition of his impact on its long-term stability, last fall AHS renamed one of its buildings in his honor. The facility houses both Head Start and Early Head Start programs. Blank has provided pro bono services to several other community organizations, as well, among them, the Oregon Association of Minority Entrepreneurs, Oregon Lawyers Committee of the American Civil Liberties Union, Portland Business Alliance, Oregon Sports Authority and the Campaign for Equal Justice.

Tonkon Torp attorney Shouka Rezvani has been invited to join the Leadership Council of the Oregon Community Foundation as a Metropolitan Portland Leadership Council member. Rezvani is chair of Tonkon Torp’s nonprofit and tax-exempt entities practice group and counsels public charities as well as operating and non-operating private foundations on organizational and operational issues. She is also a member of the firm’s estate planning practice group.

K&L Gates has been recognized again as one of the world’s top law firm brands, earning its second consecutive top-15 ranking out of 450 firms in the “BTI Brand Elite 2015: Client Perceptions of the Best-Branded Law Firms.” The ranking, voted on by corporate counsel and legal decision makers based on brand influence, strength and competitiveness, sees K&L Gates rise to the 13th best-branded firm (up from 15th in 2014). The report also noted K&L Gates among the “best of the best” for tech savviness in client service and as one of only two firms earning “best of the best” accolades in three innovation categories.



Moves

Arnold Law announces the addition of U.S. Army combat veteran Bryan Boender to the firm’s legal team. His practice will focus on complex criminal defense, DUII, veterans’ rights, civil litigation, personal injury and civil rights cases. Boender served more than four years of active duty with the U.S. Army, including a 15-month tour to Afghanistan. Afterwards, as a solo practitioner, he focused on civil rights and indigent defense. A staunch advocate for veterans’ rights, Boender is a founder of the first free legal clinic for veterans in Oregon, located in Eugene. The collaboration between the U.S. Department of Veterans Affairs and the non-profit law firm Access the Law has provided free legal services to more than 400 veterans since its start.

Joe Mattoon has joined the executive team CLEAResult, an energy efficiency consulting firm, as chief legal officer. Mattoon previously served as general counsel at PECI and Rogue Ales & Spirits, following private practice at Davis Wright Tremaine. In his new role, he will assist the firm’s efforts to navigate risk toward smart and stable growth. Mattoon attended Georgetown University Law Center and received his J.D. from the University of Richmond.

Washington Trust Bank has hired Danielle Fischer as vice president and relationship manager for wealth management and advisory services for Oregon. Fischer has more than 17 years of legal and financial experience and most recently served as a vice president and trust relationship manager at U.S. Bank National Association’s Private Client Reserve. Fischer earned her J.D. from George Washington University Law School and has been a certified trust and financial adviser since 2006.

Paul R. Allen is now shareholder in the Eugene firm of Hutchinson, Cox, Coons, Orr & Sherlock. He has been with the firm since 2008. Allen’s practice focuses on litigation matters including real property, business and family law. He can be reached at (541) 686.9160 or www.eugenelaw.com .

David R. Auxier has purchased the firm of Coughlin & Leuenberger in Baker City and has opened a satellite office in Fruitland, Idaho. Auxier will continue his general civil litigation practice of personal injury, family law, business and estate cases. J. David Coughlin and Martin Leuenberger will be of counsel to the firm and will continue their practice with emphasis on family law, business, real estate and estate planning.

Jordan Ramis has added attorney Jacob A. Zahniser to the firm’s construction and litigation practice groups. Zahniser’s practice focuses on construction, real estate and business litigation, as well as handling insurance coverage disputes arising from construction defects. His litigation experience includes payment disputes and lien claims, insurance coverage, leases, purchase and sale agreements, development rights, adverse possession, property lines and easements, and development disputes. He is also a frequent speaker on commercial lease issues.

Miller Nash Graham & Dunn welcomes Seth Row to the firm’s litigation and insurance coverage practice teams. Row brings over 16 years of experience representing commercial policyholders, including banks, manufacturers, developers and public entities, in litigation and negotiation of insurance disputes. He is a frequent author and speaker and is the founder and editor of The Northwest Policyholder, a blog that covers insurance coverage legal issues in the Pacific Northwest. Previously, Row was a partner of Parsons Farnell & Grein and a litigation associate at an international law firm and a regional firm.

Gabriela Sanchez and Jeff C.D. Brecht have joined Lane Powell’s Portland office as part of the firm’s long-term care and seniors housing client service team. Prior to joining Lane Powell, both were part of the health-care practice group at Sussman Shank. Sanchez joins the firm as a shareholder and represents long-term care, senior housing, home health and hospice providers in business, regulatory and litigation matters. She routinely advises long-term care clients on contentious resident issues, including resident transfers, compliance with resident rights, resident capacity concerns, disputes with residents and family, and collection of accounts receivable from various pay sources. Brecht joins the firm as counsel to the firm, with more than 18 years of trial experience representing businesses and individuals in state and federal court. His trial and litigation experience includes representing assisted living providers, nursing homes and other long-term care providers in a broad array of regulatory, licensure, contract and collection lawsuits and administrative hearings.

Haley Morrison has joined Tonkon Torp’s labor and employment practice group. She provides counsel to employers on a wide variety of matters, including discrimination, retaliation, harassment and wage-and-hour issues in both single plaintiff and class action contexts. Morrison previously was an associate in the San Diego office of Paul Hastings.

In April, Theresa Deibele was named director of the Safe and Stable Housing Portfolio at Meyer Memorial Trust. For three years prior, she served on the program officer team within Meyer, handling grants and program-related investments across different sectors. In her 15-year career, Deibele has practiced public finance law with Ater Wynne and worked as finance director of a mid-sized nonprofit.

Emerge Law Group welcomes Marco Materazzi, an experienced business lawyer with a practice focused on emerging growth companies, mergers and acquisitions, corporate finance and a range of other business matters. Materazzi previously practiced in Portland with Tonkon Torp and Perkins Coie, and internationally with Herbert Smith Freehills.

 

In Memoriam


Longtime Seaside attorney Donn Bauske died Feb. 28, 2015, following a year-long battle with lung cancer. He was 77.

Donn C. Bauske was born Oct. 17, 1937. He attended and graduated from the Northwestern School of Law in 1969 and joined the Oregon State Bar that year.

His longtime friend, colleague and former law partner, Ken Eiler, says Bauske never cared too much about what others thought of him. “His passing was too painful to his family to hold a memorial, which is too bad; he would have been bemused by the love and respect that would have been tossed up to him,” Eiler writes.

Bauske used to travel to Mexico for a couple of months at a time, and as his law practice grew, he decided to hire a “kid” to mind the store while he was out of town. So began Eiler’s long association with Bauske. “I began my legal career with Donn as that ‘kid’ in 1979. That moniker followed me for more than a decade among my colleagues in the Clatsop County legal community.”

The two shared an office in a motel reception area. (Bauske owned the motel.) “Every day at noon we would break to watch Perry Mason from a T.V. that hung, motel-style, from above the entry to our office. We did not have a phone with multiple incoming lines. We literally had three separate phones on each of our desks. One to call out on. One to receive calls. And one to conference, i.e., a phone in each ear.”

As Eiler tells it, Bauske’s politics were “to the right of Goldwater” (and his were “to the left of McGovern”). “I like to believe that I taught him compassion and forgiveness. He taught me to get the money up front.”

Eiler recalls one particularly colorful episode: “I remember early in my legal career that I came to represent an employee of a long time logger in the Seaside community who had not been paid his final paycheck. Being quite full of myself, I sent off a demand letter to his employer, citing statutes and a parade of horribles that would befall him if he failed to send my client a check within the next 10 days. I did not have to wait that long. Donn and I were both in our office when this employer drove into the parking lot. Donn both recognized and knew him. He did nothing. The employer stormed up the steps to our shared office. He ignored the receptionist/motel clerk, marched into the office ignoring Donn and stood menacingly in front of my desk. I was not unaccustomed to angry and menacing people from a former life, and so was prepared to meet this confrontation head on … until he slammed both fists down on my desk, freezing my resolve. He was all knuckles and no fingers. (As I later learned, it was fairly common back in the day for loggers to lose a finger or two to the chokers when harvesting timber. This guy had lost them all.) Donn saw my hesitation, stood up and walked this kind man out the door. I never saw him again. But my client was paid his wages … and my life was spared.”

Bauske is survived by his wife, Debbie, and three children.

 

Richard (Dick) Ginsburg died unexpectedly on March 1, 2015. He had been diagnosed nine days earlier with pancreatic cancer but had fully intended to submit to the rigors of chemotherapy.

Ginsburg was a long-time friend and colleague to countless immigration law advocates throughout the Northwest.

Ginsburg’s lifelong commitment to social justice goes back at least as far as 1963, when he attended the March on Washington, where Martin Luther King Jr. gave his “I Have a Dream” speech.

Soon after college, he joined the Peace Corps and served in Paraguay, where, while recovering in a hospital from a bout of hepatitis, he met his future wife, Rosalia, who was a nurse there. Arguably, his first immigration case was the visa petition he filed for her. Their relationship was certainly bona fide since they had two children and remained happily married until his death, more than 40 years.

Ginsburg began his legal career working for the Colorado Rural Legal Services Farmworker program from 1974 to 1977. In 1978, he and his family moved to Oregon, where he became the director of the Oregon Legal Services Farmworker Office in Hillsboro. By then, he had handling immigration cases and had already become a member of American Immigration Lawyers Association.

His longtime friend, OSB member Philip Hornik, writes: “I met Dick in 1978, when I was still a very inexperienced immigration lawyer. From then on, Dick and I co-mentored each other in the manifold nuances of this challenging, sometimes heartbreaking, sometimes heartwarming, field of law. Each of us entered private practice in the early 1980s. From then until a few days before he died, we spoke to each other almost every working day — sometimes to bounce ideas off each other, sometimes to proudly announce a victory in a case or commiserate about a defeat, and sometimes to vent about the government agencies that challenged us.”

Colleagues remember him as thorough and patient with his clients, his colleagues and his legal adversaries. “He had awesome Ghandi-like social skills when dealing with bureaucrats when most of us would just prefer to haul off and sue,” Hornik recalls.” As a result, he often produced great results for clients that never made it into the limelight, because he could persuade the government of the rightness of his position without the imprimatur of a federal judge.”

Over the years, Ginsburg mentored countless immigration attorneys, not just on legal technicalities, but also on how to convince clients to do “The Right Thing” — whether it meant telling (the whole) truth, going into rehab or not telling the story that they thought the lawyers or the government wanted to hear. “And no matter how elementary (sometimes called “dumb”) our questions to him might be, he never tried to show off how smart he was. He just listened and then without judgment, gave his take on the best course to follow,” Hornik says. “And through it all, Dick was one of the happiest people I have ever known. If the weight of practicing immigration law ever got him down, I never saw it.”

He had many interests and friends outside of work. He enjoyed woodworking, gardening, canoeing and volunteering with the local library, among other things. He was not a wealthy man but he had a life that was rich in friends and accomplishments. He fully understood the old saying that “the best things in life aren’t things.”

Brad Fancher died of natural causes on Feb. 26, 2015, in Vancouver, Wash. He was 94.

 

Bradley Demro Fancher was born on April 27, 1920, in The Dalles. After graduating from The Dalles High School, he attended and graduated from the University of Oregon, where he was president and a member of the Sigma Nu fraternity. He served for four years during World War II in the U.S. Navy as a lieutenant junior grade and gunnery officer aboard the USS Loy, a destroyer escort. Following numerous trips across the Pacific with troop convoys, he was assigned to be a naval gunfire liaison officer in Hawaii. After the war, he returned home to complete his law degree at the University of Oregon and was admitted to the Oregon State Bar in 1948.

Fancher married Dagmar Frances Shanks of Portland in September 1948. He moved his young family to Heppner, where he served as district attorney for Morrow County. Following two terms, he moved to Bend and purchased the regional Pepsi Cola bottling company. In 1956, he joined the law firm DeArmond, Goodrich, Foley & Gray, and remained with the firm as a senior partner until 1990, when he retired and moved to Vancouver, Wash.

He enjoyed golf, birding, hunting, history, chocolate, the Oregon Ducks and a good vodka gimlet. He did not enjoy rocks in the ground when digging postholes, eggplant, celebrity names in crossword puzzles or vehicle maintenance.

Survivors include his wife, Dagmar, three daughters, a son and four granddaughters.

Longtime Salem lawyer Bud Lafky died April 1, 2015, just a week shy of his 85th birthday.

 

Elton Taylor Lafky was born on April 8, 1930, and was a lifelong Salem resident. Despite his parents’ best efforts at giving him a proper name, he was nicknamed “Bud” early in life. The name fit, and it stuck.

Lafky graduated from Salem High School in 1948 and attended Willamette University, receiving his bachelor’s degree in political science in 1952. During college, he was an active member of the Sigma Chi fraternity. He then followed his father into the legal profession, receiving his law degree in 1955. Throughout his schooling, he worked long hours at Safeway as a checker.

He joined the Air Force in 1955 and was on active duty in Laredo, Texas, until 1957. He remained active in the Air Force Reserve JAG until he retired as a lieutenant colonel in 1985.

Lafky began the practice of law by working for the Marion County district attorney, the Oregon Department of Justice (assigned to veteran affairs department) and the state treasurer. He went into private practice with Brown, Burt & Lafky, then worked with Dale Drake and later, Ronald MacDonald. He founded Lafky & Lafky in 1988 and continued to practice law well into his 80s.

Throughout his long career, he was known for representing, and getting along with, all types of people. He regularly sacrificed (and donated) his time to his clients, of whom there were thousands. He enjoyed an outdoor lifestyle, particularly hunting and fishing. He was an avid golfer and a member of Illahe Hills Country Club. He enjoyed travel and sports, especially the Blazers (as a season ticket holder for decades) and Ducks.

Lafky was married twice, first to Noreen Nelson Swanson, then to Luanne Whitaker Rice. Both survive him. Other survivors include his son, OSB member Kevin Lafky, a grandson, two stepsons and four step-grandchildren.

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