Oregon State Bar Bulletin — AUGUST/SEPTEMBER 2006
Bar News

Oregon Women Lawyers schedules fall presentation
You are infited to join Oregon Women Lawyers for the fall CLE presentation entitled "The Woman Advocate" on Friday, Oct. 27 at the Embassy Suites Hotel in downtown Portland.

The program will run from 1:30 to 4:30 and conclude with a reception bestowing the first annual Workplace Leader Award from 4:30 to 5:30. Joyce Tsongas and Laura Dominic of Tsongas Litigation Consulting will give the keynote address. Following the keynote, there will be four panels, two from 2:30 to 3:20 and two panels from 3:30 to 4:20. Panels A and B will be "Women in the Courtroom" and "Negotiations: The Art of Agreement." Panels C and D will be "Effective Deposition Techniques" and "Establishing and Managing Client Relationships."

Costs is $60 for OWLs members, $20 for students and $75 for non-OWLs members. Registration is available at oregonwomenlawyers.com or through the OWLs office.

Reciprocity, teacher applicants listed
The OSB Code of Professional Responsibility imposes on each member of the bar the duty to aid in guarding against the admission of candidates unfit or unqualified because of deficiency in either moral character or education.

The following have applied for admission either via reciprocity, as house counsel or law teacher. The Board of Bar Examiners requests that members examine this list and bring to the board’s attention in a signed letter any information that might influence the board in considering the moral character of any applicant for admission. Send correspondence to Marlyce Gholston, Executive Director, Oregon State Board of Bar Examiners, 5200 S.W. Meadows Road, Lake Oswego, OR 97035.

Reciprocity applicants: Angela Renee Bagby, James Kenneth Barbee, Paul Cressman, Steven Clark Davis, Anthony David Gipe, Leslie Griffith, Donald Jr. Hacker, Barbara Frances Harris, Kathleen Hart, Tara J Herivel, Stephanie Hicks, Gregory Jones, (Wanda) Leanne McDonald, Robert Gene McMillen, Brendan Victor Monahan, Michael Moore, John Philip, James Lincoln Phillips, Terry Jay Price, Douglas Prince, Paul Ronald Raskin, James G. Reid, Peter Richardson, Bahareh Samanian, Elizabeth Shea, Mary Bridget Smith, Michael Thomas Spink, Elizabeth A.C. Thompson, David Warren Waterbury, Michael Harold Weier, Michael Eugene Wiggins and Arnold Willig.

Law teacher applicants: Wendy Warren Hill Binford and Margaret Lee Paris. 

MBA awards event is Sept. 20
The Multnomah Bar Association is hosting an awards luncheon on Wednesday Sept. 20 at the Governor Hotel, 614 S.W. 11th Ave., noon-1:30 p.m.

Members of the legal community will be recognized for board participation, merit, continuing legal education service, outstanding service to the MBA, pro bono service and professionalism.

Tickets are $30. Call the MBA to register, (503) 222-3275.

Just getting started in private practice?
The Professional Liability Fund is sponsoring a practical skills seminar, "Learning the Ropes," for new admittees to the Oregon State Bar and lawyers entering private practice in Oregon. The seminar includes information on developing a successful practice and avoiding legal malpractice, a 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 admittees’ first reporting period. The seminar will be held Nov. 1-3 at the Oregon Convention Center in Portland. The $60 registration fee includes the entire seminar and lunch on Nov. 1 and 2. The registration deadline is Oct. 27.

All new admittees and all lawyers in private practice who were admitted to the bar from 2001 through October of 2006 will receive a registration flyer. If you were admitted to the Oregon Bar before 2001 and would like a registration flyer, you may print one from the PLF website at www.osbplf.org. (Click on Seminars under Loss Prevention, Seminars, and then Learning the Ropes.) If you do not have Internet access, please write or fax Julie Weber, Professional Liability Fund, P.O. Box 1600, Lake Oswego, OR 97035; fax: (503) 684-7250. She can also be reached by e-mail at juliew@osbplf.org.

2006 ‘Partner dinner’ set for Oct. 26
The Association of Legal Administrators, Oregon chapter, and the Oregon State Bar Law Practice Management Section announce the biennial Partner Dinner for 2006. An added feature for this year’s event is an afternoon presentation by Larry Kohn of Kohn Communications. He will show attorneys and law firm marketers how to build their practice and how to develop and maintain positive client relationships comfortably and ethically.

Events are scheduled for Thursday, Oct. 26. The marketing session will be presented from 2 to 5 p.m. in the Oxford-Cambridge Room at the Benson Hotel, 309 S.W. Broadway, Portland). A cocktail reception and dinner will be held beginning at 5:30 p.m. in the Crystal Ballroom of the Benson. Kohn will be the keynote speaker for the evening. The marketing session is $75; the reception and dinner is $50; or $100 to attend both events.

Invitations will be mailed to section members, managing partners and legal administrators during the last week of September. All attorneys interested in client development and marketing specialists for law firms are welcome and encouraged to attend.

For additional information, contact Kristine Thomsen at (503) 226-7677 or kthomsen@lindsayhart.com.

CLE to kick off with courthouse opening
To coincide with the opening of the new U.S. courthouse in Eugene, the Attorney Admissions Fund and the Federal Bar Association are sponsoring a two-day practical skills CLE workshop entitled "Technology Augmented Trial Advocacy Certification Course."

The course will take place at the new courthouse on Monday and Tuesday, Nov. 6 and 7, and will move to the Portland courthouse for a second two-day session on Nov. 8 and 9. This course, to be taught by professor Fred Lederer from William & Mary Law School, will focus on effective trial techniques using courtroom technology. Lederer and his team represent a unique opportunity to learn practical trial skills from those specializing in both law and technology. Students will first observe demonstrations and then will have the opportunity to use the equipments for exercises in direct, cross examination, opening and closing statements. Space is limited to 36 students (per location).

The program is being largely underwritten by the Attorney Admissions Fund so the cost is $300 for non-FBA members and $75 for FBA members, government and legal aid lawyers. A CLE practical skills credit of 15 hours is pending. For class applications and scholarship information, contact Kelly Zusman by e-mail at kelly.zusman @usdoj.gov.

To become an FBA member, you may register online at www.fedbar.org.


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OLAH’s 10th annual
fundraiser begins Sept. 25

Oregon Lawyers Against Hunger (OLAH) will launch its tenth annual two-week long fundraiser to benefit the Oregon Food Bank (OFB) on Sept. 25, ending Oct. 6.

Each dollar contributed enables the OFB to collect and distribute about $6 worth of food and to fund programs that address the root causes of hunger. Oregon remains among the top states in the nation in hunger. Last year, an estimated 850,000 people ate meals from emergency food boxes distributed by the OFB Network throughout Oregon and Clark County, Wash. About 38 percent of those receiving emergency food aid are children.

Oregon Food Bank is a nonprofit, charitable organization. It is the hub of a statewide network of nearly 900 hunger-relief agencies serving Oregon and Clark County. OFB also works to eliminate the root causes of hunger through advocacy, nutrition education and public education.

For more information about OLAH, contact Kathy Dent at (503) 778-5338. For information about Oregon Food Bank, visit www.oregonfoodbank.org.

Implied consent cases need proper notice

By Bill Merrill, Oregon DMV

Attorneys who handle implied consent cases need to ensure that police officers receive their subpoenas in the proper manner. This is especially an issue now with the Portland Police Bureau.

Here’s the issue:

By statute, an implied consent (I.C.) hearing must be conducted and a final order issued by the administrative law judge within 30 days of the date of arrest. This means that some cases are set with pretty short notice, with seven days being the minimum. DMV subpoenas as a necessary witness any officer whose name appears on the I.C. Combined Report (ICCR) or the checklist used by the processing officer to administer the breath test or the evidence card produced by the Intoxilyzer. Even though the Portland Police Bureau — and some other law enforcement agencies — has a 10-day rule for accepting officer subpoenas, PPB has for many years accepted DMV subpoenas issued over the LEDS system with at least 72-hours notice.

Recently, we have had a couple of instances where the attorneys representing the petitioners knew the names of other officers involved in stops who weren’t listed on the ICCR or the checklist . The attorneys attempted to serve subpoenas on these officers at PPB on the same day they received the notice of the hearing. Because the date of the hearing was within 10 days, PPB refused to accept service and honor the subpoenas, consistent with its long-standing policy.

In subsequent conversations with PPB, they’ve agreed to honor the 72-hour notice requirement, but only if they can discern that the subpoena is for an I.C. hearing, instead of something else (for which they require 10-days notice).

I advise attorneys who handle I.C. cases that they need to clearly indicate (in their letter’s "header" or somewhere else that’s prominent) that the subpoena is for an implied consent hearing. Otherwise, PPB will likely discard their request.

I welcome your questions or feedback.

Bill Merrill is a manager in the Driver Control Unit of Oregon Driver & Motor Vehicle Services in Salem. He can be reached at 1905 Lana Ave., Salem, OR 97314; phone: (503) 945-5223.