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 — FEBRUARY/MARCH 2006

Letters

Clarification is Needed
I am writing to complain that the OSB Bulletin did not do more to clarify that I, Garry L. Kahn, OSB #62042 (to be distinguished from Gary Kahn, OSB #81481) was not being disciplined with a public reprimand for engaging in conflicts of interest. As a trial lawyer, I have spent my career in trying to zealously represent the interests of my clients within the bounds of the law, ethical conduct and professional responsibility. I hope I have succeeded. Because of the published report relating to the other Gary Kahn, some of my colleagues and others who only know me by reputation may conclude that I was the subject of the discipline report. This confusion could have easily been clarified in the Bulletin.

It seems to me the Bulletin could have referred to the fact that I had an almost identical name, but could be distinguished by printing biographical information, such as the fact that I had served as a member of the OSB Board of Governors from 1986-89; was president of the Oregon State Bar from 1988-89; and had served as a Circuit Court Judge in the state of Oregon for Multnomah County from 1992-93.

Although it is self-serving, the following biographical data could have been listed so my colleagues and other members of the bar would know I was not being disciplined:

Distinguished Graduate of Northwestern School of Law, 1999.
OTLA Distinguished Trial Lawyer Award, 1991.
Fellow, American College of Trial Lawyers since 1986.
Western Trial Lawyers Association (President) 1972-73.
Oregon Trial Lawyers Association (President) 1968-69.
American Trial Lawyers Association (State Delegate) 1982-85.
Litigation Section - Oregon State Bar (Chairperson) 1982-83.
OSB Committee on Procedure and Practice (Chairperson) 1970-71.

In fact, the Bulletin didn’t even indicate that the other Gary Kahn’s office was on S.E. 52nd Avenue and my office is on S.W. Sixth Avenue, in downtown Portland.

Perhaps the Board of Governors and/or staff can come up with a better way to give further clarification in articles relating to disciplined attorneys when they have the same or very, similar name to other members of the bar. A Washington lawyer informed me that the Washington State Bar makes it very clear as to who is being disciplined when there is a name sameness or similarity. In other words, every reasonable means should be used to distinguish between those who are the subject of a disciplinary report and those who are not. It would also have been nice to have known that this matter was going to be in the January Bulletin before it was printed and mailed, so that I could have made these suggestions before I read the Bulletin.

I apologize to Gary Kahn, OSB #81481, for causing more attention to be brought to this matter, but I feel it necessary to clarify the situation.

Garry L. Kahn
Portland

An Inspiration
I was sad to learn of Judge Mercedes Deiz’s death, and found the article about her life extremely interesting ("A Life of Firsts," December 2005). In spite of having appeared before her some years back on a routine basis, I learned even more reasons to have considered her an inspiration to female attorneys. Of course I was always struck by the similarity between her voice and speech and that of my mother’s (also a Hunter College graduate) and would walk away exclaiming that I could swear I was listening to my mother. But more importantly Judge Deiz was always kind, personal in a professional manner and thoughtful in her legal work.

I am a tiny bit surprised that her photo was not front cover, but always appreciate the good work of the OSB and the Bulletin.

Linda Friedman Ramirez
St. Petersburg, Fla.

The Crime of Dissent
I graduated from the University of Oregon School of Law in 1993 and have spent the past 12½ years on active duty in the United States Marine Corps. Whenever anyone asks me what it was like to go to school in Oregon, I always tell them that, as far as my classmates and professors at the U of O were concerned, I may as well have joined the Ku Klux Klan or the Nazi Party as serve my country — such was their disdain for military service. I remember one classmate in particular who, during Operation Desert Shield, proudly stated that she refused to give blood because doing so would ultimately support the military!

So you may imagine my surprise when I saw a soldier on the cover of the Bulletin and read Janine Robben’s article which focused a good deal of attention on the Military Assistance Panel and pro bono work being done for military service members. "Things have changed in Oregon!" I thought to myself. Then I read the letters to the editor supporting the OSB’s shameful but largely irrelevant decision to ban military advertising. I was wrong.

I could swear I learned something in Con Law about viewpoint-based restrictions on speech being bad...

Anyway, I’m gratified to know that there are still a few proud Americans in the Oregon legal community willing to give so generously of themselves for service members in need. Frankly, though, I’m surprised that the thought police at OSB allow it. Maybe it was just an oversight on their part. I’m sure they’ll get around to banning it sooner or later. Since Oregon attorneys who assist military service members pro bono are ultimately assisting the military services themselves (force multipliers in military jargon), shouldn’t such attorneys be disciplined? And shouldn’t Oregon lawyers like myself who don’t buy-in to OSB’s moral stances be disbarred or at least sent to re-indoctrination camps? I demand that my name appear in the next disciplinary section of the Bulletin! The crime? Dissent!

You can keep your ban (though you’d drop it in a heartbeat if it affected your funding). As long as men and women of character continue to be admitted to the practice of law, a precious few of them will find their way to our ranks. That’s all we need.

Sean Madden
OSB #93351

Needed Fix
In a recent editorial in The Oregonian (Dec. 9, 2005), reference was made to the suggestion of several members of the U.S. Supreme Court that Oregon’s appellate court system needs fixing as it applies to post-conviction proceedings in Oregon death-penalty cases.

In Vol. 81 of the Oregon Law Review, an article authored by the undersigned entitled "Does Oregon’s Appellate Court System Need Fixing?" was published. Following publication of that article, the OSB issued a report on Oregon’s appellate process. In both the published article and the bar’s report, the subjects of death penalty review and streamlining post-conviction appeals were discussed.

We call these efforts for legislative action on the issues discussed by the U.S. Supreme Court, and previously discussed in both the law review article and the bar report, to your attention in the hope that the legislature, at its next session, will take steps to correct the impression that the current procedures need "fixing."

Norman J. Wiener
Ky Fullerton
Portland

A Matter of Self-Respect
Under separate cover, I have submitted my resignation from the Oregon State Bar. This action is a direct result of the Board of Governors’ decision to ban military advertising in your publication.

The governing board of an organization based on compulsory membership has a higher duty than other governing boards not to insult, misuse or take advantage of those members. To fail to acknowledge that duty and act accordingly is an abuse of power. The bar was created to be a professional organization, not a politically partisan one.

As a former member of the military, a former military spouse and a former civilian employee of the Department of Defense, I am offended by the board’s failure to keep its personal politics out of the professional arena and its failure to honor true diversity in the area of political opinion.

As the board disdains to associate with the likes of me, my family and my closest friends, so it mortifies me to be even an involuntary member of an entity "led" by the irresponsible and intellectually dishonest.

I am walking away from the Oregon State Bar out of self-respect, and on behalf of those other members of the bar who remain indentured in order to practice their profession.

Rosemary Grant
Miamisburg, Ohio


— 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