Skip to Content
  • Home
  • About the Bar
  • Mission
  • Forms
  • Sitemap
    • Member Directory
      Last Name:
      First Name:
      Bar Number:
      City:


    • Login
OSB Logo
Oregon State Bar Bulletin — DECEMBER 2005

Letters

Another Resource
Thank you for publishing Sarah Kellogg’s article, “Web Wars,” (August/September 2005). It was an excellent description of the world of legal publishing and how it affects small law firm practitioners. Your readers may want to know that there is one segment of their local legal research community that has been serving the solo and small law firm practitioner community for a very long time.
In Oregon, more than a dozen county law libraries provide their attorneys with access to Lexis, Westlaw or both, in addition to a wide range of print resources. Some of the law libraries also have online RIA, PACER, Shepard’s and ILP. Granted, most of these must be used in the library, but documents can be e-mailed to attorneys upon request. And if your law library doesn’t have what you need, Oregon law librarians exchange information through their statewide list-serve and could likely find just about anything the attorney is seeking.
Here in Washington County, we also offer all residents remote access (i.e., from their home or office computer) to the HeinOnline legal database. While the mainstream legal publishing world has made it impossible for small law libraries to provide third-party remote access to their lawyer patrons, a few independent vendors are well aware of the need for this type of service to small law firms. They know it makes no sense for attorneys outside academia or large firms to subscribe to multiple databases that are used only once or twice a year, and that providing service through the local law library helps the publisher and the attorney. These specialized databases serve as a valuable complement to the OSB’s Casemaker.

Laura Orr
Law Librarian, Washington County Law Library
Hillsboro


Talk to the Animals
Antonia Giedwoyn’s article (“Martin Turns 50,” August/September 2005) caused me to locate in my desk drawer a memorandum titled “Martin v. Reynolds Metals Company.” It’s been in my desk drawer for nearly 50 years. It quotes from the transcript of the testimony of a Mr. Robert Strebin, a farmer and neighbor of the Martins, given in a Multnomah County Circuit Court case brought by Martin arising out of the same fluoride emissions from the Reynolds plant as were involved in the federal district court case that was the subject of the Geidwoyn article.
I was then an associate in King, Miller, Anderson, Nash & Yerke (now Miller Nash). Fred Yerke, a young partner, was defending Reynolds.
The following is a copy of the memorandum circulated within the firm:

MARTIN V. REYNOLDS METALS COMPANY
Filed in the Circuit Court of the State of Oregon for the County of Multnomah
No. 223,612
“Mr. Robert Strebin, a farmer, called as a witness on behalf of plaintiff, during the course of his testimony analogized the condition of his own livestock to the condition of plaintiffs’ livestock, which had been allegedly injured by fumes from defendant’s plant. On cross-examination the attorney for defendant, Mr. Yerke, attempted to show that, because of the difference in the size of plaintiffs’ and the witness’s respective operations, the witness was able to give better care of his own livestock than plaintiff gave to his.
The following is quoted from the transcript of testimony:

Q. Well, at any rate it is a smaller operation (the witness’s) than Mr. Martin’s?
A. That’s right.
Q. As a matter of fact, you know practically every animal you have by name?
A. True.
Q. And, the animals know you? There is a much closer relationship?
A. Well, I didn’t have the Martin cattle named but I talked to them the same as I did my own.
Q. You talked to whom?
A The Martin cattle.
Q. You talked to the Martin cattle the same as —
A. I talk to all animals.
Q. Do they talk back?
A. They sure do.
Q. What do they say about the flourine, Mr. Strebin?
A. They don’t like it. They know where to go to get out of it as much as they can. I am sincere in that, Mr. Yerke. I am sincere in that answer. It is no joke as far as I am concerned. (pp. 335.336)
Q. You mentioned, Mr. Strebin, that the cows and you have had some conversations out there. Did they ever tell you they didn’t get any hay in the winter and the effect of it?
A. No, I can’t say that they have.
Mr. Yerke: That is all.
The Witness: They haven’t asked for it.” (pp. 353-354).

Mark C. McClanahan
Portland


Disappointed in Ad Ban
I am very disappointed in the decision of the Board of Governors to ban advertising by the Oregon National Guard’s Staff Judge Advocate Corps. I find it astonishing that an organization dedicated to the support of our Constitution and its ideals would choose to exercise its authority to stifle the voices of those with whom it disagrees.
The OSB’s own Affirmative Action Program states that its mission is support the Oregon State Bar by promoting respect for the rule of law and by increasing access for justice. The “don’t ask, don’t tell” policy has been affirmed by the nation’s highest courts, and yet that’s not good enough for the Board of Governors. So much for respect for the rule of law.
By denying access to information about job opportunities in the military the Oregon State Bar seeks to limit the armed forces’ ability to find and hire qualified attorneys to represent the interests of the hundreds of thousands of men and women serving in the military. So much for increasing access to justice.
Ideally, those who disagree with military policies should be free to write all the letters to the editor or purchase all the ads they want, just as those who wish to encourage lawyers to join the military should be free to advertise and advocate their position. That’s an open forum and a free exchange of ideas within the meaning of the First Amendment, and a concept that the Board of Governors appears to find distasteful.

Gregory T. Day
Grants Pass


Don’t Exclude Heterosexuals
I was surprised by the letter to the editor in your November 2005 issue that found the following position neutral: “Sexuality is a private matter between consenting adults so just keep it to yourself.” This position was offered in support of the “innocuous” military policy of “don’t ask, don’t tell.” I was surprised, in fact, by how much I agreed with it. The only problem is heterosexuals shouldn’t be excluded from such a fair and reasonable policy. Therefore, the military really should ban wedding and engagement rings and other advertisements of sexuality. And lord knows nobody wants to see pictures, for example, of a soldier and his girlfriend, much less hear about any letters from home with those appalling terms of endearment. Hand-holding? Forget it. And if you’re thinking of having a baby, get out of the military now. I certainly don’t want to see clear evidence of the dirty things you do, since — as the famously heterosexual Woody Allen has noted — sex is dirty, but only if done correctly.

Ryan Scott
Portland


The World Turned Upside Down
Let me see if I have this right. The Oregon National Guard, whose men and women routinely risk their lives protecting the citizens of Oregon from such things as forest fires and floods at home and international terrorism abroad, is prohibited by the Oregon State Bar from advertising in the bar Bulletin, yet the National Lawyer's Guild, a long-time pro-Soviet organization which apparently never met a communist dictator it didn't like or wouldn't support, is the subject of an OSB infomercial (October 2005, p. 47).
To refresh the Board of Governors’ memory, it was the U.S. Congress which declared that homosexual conduct was incompatible with military service. And it was that well-know homophobe, Bill Clinton, who implemented the “don't ask, don't tell” policy to which the bar leadership apparently objects. Perhaps the OSB would be happier with a military that ignored or disobeyed Congress and the president, but I suspect the majority of U.S. citizens would not.
Legend has it that when Cornwallis surrendered to Washington following the battle of Yorktown the British band played the tune “The World Turned Upside Down.” The Oregon State Bar choir may want to brush up on the words and perhaps entertain the membership with the song at the next annual meeting.

Charles T. Ketchel Jr.
Ramstein Air Base, Germany


— return to top
— return to Table of Contents

  • For The Public

      Public Legal Information

    • Public Information Home
    • Legal Information Topics
    • Oregon Juror Guide
    • Submit Ethics Complaint

    • Getting Legal Help

    • Finding The Right Lawyer
    • Hiring A Lawyer
    • Lawyers Fees

    • Client Services

    • Client Assistance Office
    • Client Security Fund
    • Fee Dispute Resolution
    • Public Records Request
    • Locating Attorney Files

    • Unlawful Practice of Law

    • UPL Information
    • UPL FAQ

    • Volunteer Opportunities

    • Public Member Application
  • For Members

    OSB Login

    • Log In To OSB Site
    • Member Account Setup
    • Non-Member Account Setup
    • Reset Password

    OSB Resources

    • Attorney's Marketplace
    • Career Center
    • Events
    • Forms Library
    • Online Resources
    • OSB Group Listings
    • Performance Standards
    • Rules Regulations and Policies
    • Surveys and Research Reports
    • Unclaimed Client Funds
    • Voting Regions and By-City
      County Information

    Fastcase™

    • Log in to Fastcase
    • Overview
    • Scheduled Webinars
    • Inactive Member Subscriptions

    Legal Ethics

    • Legal Ethics Home
    • Find an Ethics Opinion
    • Bulletin Bar Counsel Archive

    Company Administrator

    • Company Administrator Home
    • Company Administrator FAQ
    • Authorization Form

    State Lawyers
    Assistance Committee

    • SLAC Info

    Volunteering

    • Volunteer Opportunities

    Court Information

    • Judicial Vacancies
    • Court Info | Calendars | Jury Info
    • Oregon Attorneys
      in Federal Court
    • Tribal Courts of Oregon

    OSB Publications

    • Bar Bulletin Magazine
    • – Bulletin Archive
    • – Legal Writer Archive
    • Capitol Insider
    • Disciplinary Board Reporter

    PLF Programs

    • (OAAP) Oregon Attorney
      Assistance Program
    • Practice Management Attorneys
    • Malpractice Coverage
  • CLE/Legal Publications

    CLE Seminars

    • CLE Seminars Home
    • Online Seminar Registration
    • General Info/FAQ

    My Account

    • My Content
    • My Events
    • Order History

    Legal Publications

    • Legal Publications Home
    • Log in to BarBooks®
    • BarBooks® FAQ
    • Online Bookstore
    • Legal Pubs Blog
  • Bar Programs

    Diversity & Inclusion

    • Diversity & Inclusion Home
    • Diversity Story Wall
    • D&I Programs
    • ACDI Roster
    • D&I Staff Contacts
    • D&I Links

    Legislative/Public Affairs

    • Legislative Home
    • Committee Contacts
    • Legislative Sessions
    • Staff Contacts
    • Useful Links

    Legal Services Program

    • LSP Home

    Oregon Law Foundation

    • OLF Home
    • Partners in Justice

    Fee Dispute Resolution

    • Fee Dispute Resolution Home

    Pro Bono

    • Pro Bono Home
    • Pro Bono Reporting
    • Volunteer Opportunities

    Lawyer Referral and Information Services

    • RIS Login
    • Summary of Referral and Information Services Programs
    • Lawyer Referral Service Info and Registration Forms
    • Modest Means Program Registration Forms
    • Military Assistance Panel Training Info and Registration Form
    • Problem Solvers Registration Form
    • Lawyer To Lawyer Registration Form

    (LRAP) Loan Repayment Assistance Program

    • LRAP Home
    • LRAP FAQ
    • LRAP Policies
  • Member Groups

    Sections

    • Section Info/Websites
    • Joining Sections
    • CLE Registration Services
    • Standard Section Bylaws (PDF)
    • Leadership Resources
    • Treasurers Tools

    Committees

    • Home
    • Leadership Resources
    • Professionalism Commission
    • Volunteer Opportunities

    House of Delegates

    • HOD Home
    • HOD Resources
    • Meetings
    • Rules (PDF)
    • Roster (PDF)
    • Staff Contacts

    Board of Governors

    • BOG Home
    • Meetings & Agendas
    • Members
    • Liaisons
    • Committees
    • Resources
    • Task Forces

    Oregon New Lawyers Division

    • ONLD Home
    • Law Students
    • Student Loan Repayment
    • Committees
    • Upcoming Events

    Task Forces and Special Committees

    • Task Forces Home

    Volunteer Bars

    • List/Contacts
    • Leadership Resources

    Volunteering

    • Volunteer Opportunities
  • Licensing/Compliance

    Admissions

    • Admissions Home
    • Alternative Admittance
    • Applicants for Admission
    • Admissions Forms
    • Past Bar Exam Results

    Supervised Practice Portfolio Examination

    • SPPE Home

    Licensed Paralegal Program

    • LP Home

    Lawyer Discipline

    • Discipline Home
    • Disciplinary Board Reporter
    • Disciplinary Boards
    • Client Assistance Office
    • (SPRB) State Professional Responsibility Board

    Membership Records

    • Address Changes
    • Good Standing Certificate
    • Request Discipline File Review

    MCLE

    • MCLE Home
    • Program Database
    • Forms
    • Rules (PDF)

    IOLTA Reporting

    • IOLTA Home
    • IOLTA FAQ

    Licensing Fees

    • Licensing Fee FAQ
    • Licensing Fee Payment

    Status Changes

    • Status Changes FAQ
    • Inactive Status Form
    • Retired Status Form
    • Active Pro Bono Status Form
    • Reinstatement Forms
    • Resignation Form A
    • Pending Reinstatements

    Unlawful Practice of Law

    • UPL Information
    • UPL FAQ

    Pro Hac Vice/Arbitration

    • Pro Hac Vice
    • Arbitration

    New Lawyer Mentoring Program

    • New Lawyer Mentoring Program Home

    Professional Liability Fund

    • Professional Liability
      Fund Website
For The Public

Public Information Home
Legal Information Topics
Oregon Juror Guide
Finding The Right Lawyer
Hiring A Lawyer
Lawyers Fees
Client Assistance Office
Public Records Request
Unlawful Practice of Law
Fee Dispute Resolution
Client Security Fund
Volunteer Opportunities
for the Public

For Members

BarBooks®
Bulletin Archive
Career Center
Fastcase™
Judicial Vacancies
Legal Ethics Opinions
OSB Group Listings
OSB Login
OSB Rules & Regs
SLAC Info
Surveys and Reports
Volunteer Opportunities

CLE/Legal Pubs

CLE Seminars Home
Legal Publications Home

Bar Programs

Diversity & Inclusion
Fee Arbitration/Mediation
Legal Services Program
Legislative/Public Affairs
Loan Repayment
Assistance Program

Oregon Law Foundation
Pro Bono

Member Groups

Board of Governors
Committees
House of Delegates
Volunteer Bars
Oregon New
Lawyers Division

OSB Sections
Professionalism
Commission

Volunteer Opportunities

About The Bar

About the Bar
ADA Notice
Contact Info
Copyright Notice
Directions to the Bar
Meeting Room Rentals
Mission Statement
OSB Job Opportunities
Privacy Policy
Staff Directory
Terms of Use

Licensing/Compliance

Admissions
Client Assistance Office
Client Security Fund
IOLTA Reporting
Lawyer Discipline
MCLE
Member Fee FAQ
New Lawyer
Mentoring Program

Professional Liability Fund
Status Changes

Oregon State Bar Center

Phone: (503) 620-0222
Toll-free in Oregon: (800) 452-8260
Facsimile: (503) 684-1366

Building Location:
16037 SW Upper Boones Ferry Road
Tigard, OR 97224

Mailing Address:
PO Box 231935
Tigard, OR 97281

Oregon State Bar location Map

Copyright ©1997 Oregon State Bar  ®All rights reserved | ADA Notice | Mission Statement | Privacy Policy | Terms of Use